[Federal Register Volume 89, Number 203 (Monday, October 21, 2024)]
[Notices]
[Pages 84120-84121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24298]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-010, C-570-011]


Crystalline Silicon Photovoltaic Products, Whether or Not 
Assembled Into Modules, From the People's Republic of China: Notice of 
Initiation of Changed Circumstances Reviews, and Consideration of 
Revocation of the Antidumping and Countervailing Duty Orders, 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 changed 
circumstances reviews (CCRs) to consider the possible revocation, in 
part, of the antidumping duty (AD) and countervailing duty (CVD) orders 
on crystalline silicon photovoltaic products (solar products) from the 
People's Republic of China (China) 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 and CVD orders on 
solar products from China.\1\ On August 28, 2024, Lutron, a domestic 
producer, importer and exporter of subject merchandise, requested, 
through CCRs, revocation of the Orders, 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 CCRs 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 
Orders 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 
the People's Republic of China: Antidumping Duty Order; and Amended 
Final Affirmative Countervailing Duty Determination and 
Countervailing Duty Order, 80 FR 8592 (February 18, 2015) (Orders).
    \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 Orders

    The merchandise covered by these Orders is 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. For purposes of these Orders, subject 
merchandise includes modules, laminates and/or panels assembled in 
China consisting of crystalline silicon photovoltaic cells produced in 
a customs territory other than China.
    Subject merchandise includes modules, laminates and/or panels 
assembled in China consisting of 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.
    Excluded from the scope of the Orders 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 these Orders are modules, laminates 
and/or panels assembled in China, consisting of crystalline silicon 
photovoltaic cells, not exceeding 10,000 mm\2\ in surface area, that 
are permanently integrated into a consumer good whose function is other 
than power generation and that consumes the electricity generated by 
the integrated crystalline silicon photovoltaic cells. Where more than 
one module, laminate and/or panel is permanently integrated into a 
consumer good, the surface area for purposes of this exclusion shall be 
the total combined surface area of all modules, laminates and/or panels 
that are integrated into the consumer good.
    Further, also excluded from the scope of these Orders are any 
products covered by the existing antidumping and countervailing duty 
orders on crystalline silicon photovoltaic cells, whether or not 
assembled into modules, laminates and/or panels, from China.
    Additionally, excluded from the scope of these Orders are solar 
panels that are: (1) less than 300,000 mm\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.''
    Also excluded from the scope of these Orders are off-grid 
crystalline silicon photovoltaic panels without a glass cover with the 
following characteristics: (1) total power output of 500 watts or less 
per panel; (2) maximum surface area of 8,000 cm\2\ per panel; (3) unit 
does not include a built-in inverter; (4) unit has visible parallel 
grid collector metallic wire lines every 2-40 millimeters across each 
solar panel (depending on model); (5) solar cells are encased in 
laminated frosted PET material without stitching; (6) the panel is 
encased in polyester fabric with visible stitching which includes a 
Velcro-type storage pocket and unit closure, or encased within a 
Neoprene clamshell (depending on model); and (7) includes LED 
indicator.

[[Page 84121]]

    Additionally excluded from the scope of these Orders are off-grid 
small portable crystalline silicon photovoltaic panels, with or without 
a glass cover, with the following characteristics: (1) a total power 
output of 200 watts or less per panel; (2) a maximum surface area of 
16,000 cm\2\ per panel; (3) no built-in inverter; (4) an integrated 
handle or a handle attached to the package for ease of carry; (5) one 
or more integrated kickstands for easy installation or angle 
adjustment; and (6) a wire of not less than 3 meters either permanently 
connected or attached to the package that terminates in an 8mm diameter 
male barrel connector.
    Merchandise covered by these orders 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, 8541.40.6015, 8541.40.6020, 8541.40.6030, 8541.40.6035 
and 8501.31.8000. These HTSUS subheadings are provided for convenience 
and customs purposes; the written description of the scope of these 
Orders is dispositive.

Proposed Partial Revocation of the Orders

    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 be added to the scope 
of the Orders 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. (C) Does not include a built-in inverter for powering third 
party devices.\4\
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    \4\ See CCR Request at 3.
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Initiation of CCRs and Consideration of Revocation of the Orders, in 
Part

    Pursuant to section 751(b)(1) of the Act, when Commerce receives 
information concerning, or a request from an interested party \5\ for a 
review of, a final affirmative determination that resulted in an AD or 
CVD order, which shows changed circumstances sufficient to warrant a 
review of an order, Commerce shall conduct a CCR of the order.\6\ 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 Orders with respect to the products described 
by Lutron constitute a sufficient basis to conduct CCRs of the 
Orders.\7\
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    \5\ 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)(i).
    \6\ See 19 CFR 351.216(d).
    \7\ 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.\8\ One 
domestic interested party, the Alliance, stated that it does not object 
to the partial revocation of the Orders proposed by Lutron.
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    \8\ 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 Orders, we are not combining this notice of 
initiation with a preliminary determination, pursuant to 19 CFR 
351.221(c)(3)(ii).\9\ 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 Orders, as explained below. 
After examining comments, if any, concerning domestic industry support, 
we will issue the preliminary results of these CCRs.
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    \9\ 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 these CCRs, 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.\10\ 
All submissions must be filed electronically using Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS).\11\ 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.\12\
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    \10\ Submissions of rebuttal factual information must comply 
with 19 CFR 351.301(b)(2).
    \11\ See, generally, 19 CFR 351.303.
    \12\ 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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Preliminary and Final Results of the CCRs

    Commerce intends to publish in the Federal Register a notice of the 
preliminary results of these CCRs 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 these CCRs 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. 2024-24298 Filed 10-18-24; 8:45 am]
BILLING CODE 3510-DS-P