[Federal Register Volume 89, Number 203 (Monday, October 21, 2024)]
[Notices]
[Pages 84118-84120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24299]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-853]


Crystalline Silicon Photovoltaic Products, Whether or Not 
Assembled Into Modules, From the People's Republic of Taiwan: Notice of 
Initiation of Changed Circumstances Review, and Consideration of 
Revocation of the Antidumping Order, in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on a request from Lutron Electronics Co., Inc. (Lutron), 
the U.S. Department of Commerce (Commerce) is initiating a changed 
circumstances review (CCR) to consider the possible revocation, in 
part, of the antidumping duty (AD) order on crystalline silicon 
photovoltaic products (solar products) from Taiwan with respect to 
certain small, low-wattage, off grid crystalline silicon photovoltaic 
(CSPV) cells as described below.

DATES: Applicable October 21, 2024.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3148.

SUPPLEMENTARY INFORMATION:

Background

    On February 18, 2015, Commerce published the AD order on solar 
products from Taiwan.\1\ On August 28, 2024, Lutron, a domestic 
producer, importer and exporter of subject merchandise, requested, 
through a CCR, revocation of the Order, in part, with respect to 
certain small, low-wattage, off-grid CSPV cells, pursuant to section 
751(b)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.216(b).\2\ Within its Lutron's CCR request, Lutron included a 
letter from the American Alliance for Solar Manufacturing (the 
Alliance), a domestic interested party in this proceeding, in which the 
Alliance stated that it did not oppose the partial revocation of the 
Order proposed by Lutron.\3\ No interested parties filed comments 
opposing the CCR request.
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    \1\ See Certain Crystalline Silicon Photovoltaic Products from 
Taiwan: Antidumping Duty Order, 80 FR 8596 (February 18, 2015) 
(Order).
    \2\ See Lutron's Letter, ``Lutron Electronics Co., Inc.'s 
Request for Changed Circumstances Reviews and Request to Combine 
Initiation and Preliminary Results,'' dated August 28, 2024 (CCR 
Request).
    \3\ Id. at Exhibit 2 and 3.
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Scope of the Order

    The merchandise covered by the Order is crystalline silicon 
photovoltaic cells, and modules, laminates and/or panels consisting of 
crystalline silicon photovoltaic cells, whether or not partially or 
fully assembled into other products, including building integrated 
materials.
    Subject merchandise includes crystalline silicon photovoltaic cells 
of thickness equal to or greater than 20 micrometers, having a p/n 
junction formed by any means, whether or not the cell has undergone 
other processing, including, but not limited to, cleaning, etching, 
coating, and/or addition of materials (including, but not limited to, 
metallization and conductor patterns) to collect and forward the 
electricity that is generated by the cell.
    Modules, laminates, and panels produced in a third-country from 
cells produced in Taiwan are covered by the Order. However, modules, 
laminates, and panels produced in Taiwan from cells produced in a 
third-country are not covered by the Order.
    Excluded from the scope of the Order are thin film photovoltaic 
products produced from amorphous silicon (a-Si), cadmium telluride 
(CdTe), or copper indium gallium selenide (CIGS). Also excluded from 
the scope of the Order are crystalline silicon photovoltaic cells, not 
exceeding 10,000mm\2\ in surface area, that are permanently integrated 
into a consumer good whose function is other than power generation and 
that

[[Page 84119]]

consumes the electricity generated by the integrated crystalline 
silicon photovoltaic cells. Where more than one cell is permanently 
integrated into a consumer good, the surface area for purposes of this 
exclusion shall be the total combined surface area of all cells that 
are integrated into the consumer good.
    Further, also excluded from the scope of the Order are any products 
covered by the existing antidumping and countervailing duty orders on 
crystalline silicon photovoltaic cells, whether or not assembled into 
modules, from the People's Republic of China (PRC).\4\
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    \4\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China: Amended 
Final Determination of Sales at Less Than Fair Value, and 
Antidumping Duty Order, 77 FR 73018 (December 7, 2012); see also 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, from the People's Republic of China: Countervailing 
Duty Order, 77 FR 73017 (December 7, 2012).
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    Also excluded from the scope of the Order are modules, laminates, 
and panels produced in the PRC from crystalline silicon photovoltaic 
cells produced in Taiwan that are covered by an existing proceeding on 
such modules, laminates, and panels from the PRC.
    Additionally, excluded from the scope of these orders are solar 
panels that are: (1) less than 300,000mm\2\ in surface area; (2) less 
than 27.1 watts in power; (3) coated across their entire surface with a 
polyurethane doming resin; and (4) joined to a battery charging and 
maintaining unit (which is an acrylonitrile butadiene styrene (ABS) box 
that incorporates a light emitting diode (LED)) by coated wires that 
include a connector to permit the incorporation of an extension cable . 
The battery charging and maintaining unit utilizes high-frequency 
triangular pulse waveforms designed to maintain and extend the life of 
batteries through the reduction of lead sulfate crystals. The above-
described battery charging and maintaining unit is currently available 
under the registered trademark ``SolarPulse.''
    Merchandise covered by the Order is currently classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) under 
subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 
8507.20.8090, 8541.40.6020, 8541.40.6030, and 8501.31.8000. These HTSUS 
subheadings are provided for convenience and customs purposes; the 
written description of the scope of the Order is dispositive.

Proposed Partial Revocation of the Order

    The products subject to the proposed revocation are certain small, 
low-wattage, off-grid CSPV cells that are permanently attached to an 
aluminum extrusion that controls natural light, whether or not 
assembled into a fully completed automation device that controls 
natural light.
    Lutron requests that the following language to be added to the 
scope of the Order to implement the requested exclusion:

    Also excluded from the scope of these investigations are off-
grid CSPV panels in rigid form, with or without a glass cover, 
permanently attached to an aluminum extrusion that is an integral 
component of an automation device that controls natural light, 
whether or not assembled into a fully completed automation device 
that controls natural light, with the following characteristics:
    1. A total power output of 20 watts or less per panel;
    2. A maximum surface area of 1,000 cm\2\ per panel;
    3. Does not include a built-in inverter for powering third party 
devices.\5\
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    \5\ See Lutron's Letter at 3.
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Initiation of CCR and Consideration of Revocation of the Order, in Part

    Pursuant to section 751(b)(1) of the Act, when Commerce receives 
information concerning, or a request from an interested party \6\ for a 
review of, a final affirmative determination that resulted in an AD 
order, which shows changed circumstances sufficient to warrant a review 
of an order, Commerce shall conduct a CCR of the order.\7\ In 
accordance with 19 CFR 351.216(d), Commerce determines that the 
information submitted by Lutron and the letter of no opposition to 
partial revocation of the Order with respect to the products described 
by Lutron constitute a sufficient basis to conduct a CCR of the 
Order.\8\
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    \6\ Lutron stated in its CCR Request that it is an U.S. importer 
of solar panels. As such, Lutron is an interested party pursuant to 
section 771(9)(A) of the Act and 19 CFR 351.102(b)(29)(ii).
    \7\ See 19 CFR 351.216(d).
    \8\ See CCR Request at Exhibit 2.
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    Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide 
that Commerce may revoke an order (in whole or in part) if it 
determines that producers accounting for substantially all of the 
production of the domestic like product have expressed a lack of 
interest in the order, in whole or in part. In its administrative 
practice, Commerce has interpreted ``substantially all'' to mean 
producers accounting for at least 85 percent of the total U.S. 
production of the domestic like product covered by the order.\9\ One 
domestic interested party, the Alliance, stated that it does not object 
to the partial revocation of the Order proposed by Lutron.
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    \9\ See, e.g., Certain Cased Pencils from the People's Republic 
of China: Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review, and Intent To Revoke Order in Part, 77 
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from 
the People's Republic of China: Final Results of Antidumping Duty 
Changed Circumstances Review, and Determination To Revoke Order, in 
Part, 77 FR 53176 (August 31, 2012).
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    However, because the Alliance did not indicate whether it accounts 
for substantially all of the U.S. production of the domestic like 
product covered by the Order, we are not combining this notice of 
initiation with a preliminary determination, pursuant to 19 CFR 
351.221(c)(3)(ii).\10\ Rather, we will provide interested parties with 
an opportunity to address the issue of domestic industry support with 
respect to the partial revocation of the Order, as explained below. 
After examining comments, if any, concerning domestic industry support, 
we will issue the preliminary results of this CCR.
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    \10\ In the event that Commerce determines an expedited action 
is warranted, 19 CFR 351.221(c)(3)(ii) permits Commerce to combine 
the notices of initiation and preliminary results.
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Public Comment

    Interested parties are invited to provide comments and/or factual 
information regarding this CCR, including comments on industry support 
and the proposed partial revocation language. Comments and factual 
information may be submitted to Commerce no later than 14 days after 
the date of publication of this notice. Rebuttal comments and rebuttal 
factual information may be filed with Commerce no later than seven days 
after the comments and/or factual information are filed.\11\ All 
submissions must be filed electronically using Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS).\12\ An electronically filed document must be 
received successfully in its entirety by ACCESS, by 5 p.m. Eastern Time 
on the due dates set forth in this notice. Note that Commerce has 
temporarily modified certain requirements for serving documents 
containing business proprietary information, until further notice.\13\
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    \11\ Submissions of rebuttal factual information must comply 
with 19 CFR 351.301(b)(2).
    \12\ See, generally, 19 CFR 351.303.
    \13\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023).

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[[Page 84120]]

Preliminary and Final Results of the CCR

    Commerce intends to publish in the Federal Register a notice of the 
preliminary results of this CCR in accordance with 19 CFR 351.221(b)(4) 
and (c)(3)(i). Commerce will set forth its preliminary factual and 
legal conclusions in that notice. Pursuant to 19 CFR 351.221(b)(4)(ii), 
interested parties will have an opportunity to comment on the 
preliminary results. Unless extended, Commerce will issue the final 
results of this CCR in accordance with the time limits set forth in 19 
CFR 351.216(e).

Notification to Interested Parties

    This initiation notice is published in accordance with section 
751(b)(1) of the Act, 19 CFR 351.216(b) and 19 CFR 351.221(c)(3).

    Dated: October 15, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2024-24299 Filed 10-18-24; 8:45 am]
BILLING CODE 3510-DS-P