[Federal Register Volume 89, Number 203 (Monday, October 21, 2024)]
[Notices]
[Pages 84114-84117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24297]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-979, C-570-980]


Crystalline Silicon Photovoltaic Cells, 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 cells, whether or not assembled 
into modules (solar cells), 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

[[Page 84115]]

NW, Washington, DC 20230; telephone: (202) 482-3148.

SUPPLEMENTARY INFORMATION:

Background

    On December 7, 2012, Commerce published the AD and CVD orders on 
solar cells 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 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 CCRs request.
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    \1\ 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) (collectively, 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 crystalline silicon 
photovoltaic cells, and modules, laminates, and panels, consisting of 
crystalline silicon photovoltaic cells, whether or not partially or 
fully assembled into other products, including, but not limited to, 
modules, laminates, panels and building integrated materials.
    These Orders cover 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.
    Merchandise under consideration may be described at the time of 
importation as parts for final finished products that are assembled 
after importation, including, but not limited to, modules, laminates, 
panels, building-integrated modules, building-integrated panels, or 
other finished goods kits. Such parts that otherwise meet the 
definition of merchandise under consideration are included in the scope 
of the Orders.
    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 the Orders are 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 cell. 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.
    Additionally, excluded from the scope of the Orders are panels with 
surface area from 3,450 mm\2\ to 33,782 mm\2\ with one black wire and 
one red wire (each of type 22 AWG or 24 AWG not more than 206 mm in 
length when measured from panel extrusion), and not exceeding 2.9 
volts, 1.1 amps, and 3.19 watts. For the purposes of this exclusion, no 
panel shall contain an internal battery or external computer peripheral 
ports.
    Also excluded from the scope of the Orders are:
    1. Off grid CSPV panels in rigid form with a glass cover, with the 
following characteristics:
    (A) a total power output of 100 watts or less per panel;
    (B) a maximum surface area of 8,000 cm\2\ per panel;
    (C) do not include a built-in inverter;
    (D) must include a permanently connected wire that terminates in 
either an 8 mm male barrel connector, or a two-port rectangular 
connector with two pins in square housings of different colors;
    (E) must include visible parallel grid collector metallic wire 
lines every 1-4 millimeters across each solar cell; and
    (F) must be in individual retail packaging (for purposes of this 
provision, retail packaging typically includes graphics, the product 
name, its description and/or features, and foam for transport); and
    2. Off grid CSPV panels without a glass cover, with the following 
characteristics:
    (A) a total power output of 100 watts or less per panel;
    (B) a maximum surface area of 8,000 cm\2\ per panel;
    (C) do not include a built-in inverter;
    (D) must include visible parallel grid collector metallic wire 
lines every 1-4 millimeters across each solar cell; and
    (E) each panel is
    1. permanently integrated into a consumer good;
    2. encased in a laminated material without stitching, or
    3. has all of the following characteristics: (i) the panel is 
encased in sewn fabric with visible stitching, (ii) includes a mesh 
zippered storage pocket, and (iii) includes a permanently attached wire 
that terminates in a female USB-A connector.
    In addition, the following CSPV panels are excluded from the scope 
of the Orders:
    1. Off-grid CSPV panels in rigid form with a glass cover, with each 
of the following physical characteristics, whether or not assembled 
into a fully completed off-grid hydropanel whose function is conversion 
of water vapor into liquid water:
    (A) A total power output of no more than 80 watts per panel;
    (B) A surface area of less than 5,000 cm\2\ per panel;
    (C) Do not include a built-in inverter;
    (D) Do not have a frame around the edges of the panel;
    (E) Include a clear glass back panel; and
    (F) Must include a permanently connected wire that terminates in a 
two-port rectangular connector.
    Modules, laminates, and panels produced in a third country from 
cells produced in China are covered by the Orders; however, modules, 
laminates, and panels produced in China from cells produced in a third 
country are not covered by the Orders.
    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.
    Also excluded from the scope of the Orders are off-grid crystalline 
silicon photovoltaic panels in rigid form with a glass cover, with each 
of the following physical characteristics, whether or not

[[Page 84116]]

assembled into a fully completed off-grid hydropanel whose function is 
conversion of water vapor into liquid water:
    (A) A total power output of no more than 180 watts per panel at 155 
degrees Celsius;
    (B) A surface area of less than 16,000 square centimeters (cm\2\) 
per panel;
    (C) Include a keep-out area of approximately 1,200 cm\2\ around the 
edges of the panel that does not contain solar cells;
    (D) Do not include a built-in inverter;
    (E) Do not have a frame around the edges of the panel;
    (F) Include a clear glass back panel;
    (G) Must include a permanently connected wire that terminates in a 
two-port rounded rectangular, sealed connector;
    (H) Include a thermistor installed into the permanently connected 
wire before the two-port connector; and
    (I) Include exposed positive and negative terminals at opposite 
ends of the panel, not enclosed in a junction box.
    Merchandise covered by these Orders is currently classified in the 
Harmonized Tariff System of the United States (HTSUS) under subheadings 
8501.71.0000, 8501.72.1000, 8501.72.2000, 8501.72.3000, 8501.72.9000, 
8501.80.1000, 8501.80.2000, 8501.80.3000, 8501.80.9000, 8507.20.8010, 
8507.20.8031, 8507.20.8041, 8507.20.8061, 8507.20.8091, 8541.42.0010, 
and 8541.43.0010. These HTSUS subheadings are provided for convenience 
and customs purposes; the written description of the scope of the 
Orders are 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. Does not include a built-in inverter for powering third party 
devices.\4\
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    \4\ See Lutron's Letter at 3.

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 a 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).


[[Page 84117]]


    Dated: October 15, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2024-24297 Filed 10-18-24; 8:45 am]
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