[Federal Register Volume 89, Number 216 (Thursday, November 7, 2024)]
[Notices]
[Pages 88232-88234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25872]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-557-831]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From Malaysia: Amended Preliminary Determination of 
Countervailing Duty Investigation

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

SUMMARY: The U.S. Department of Commerce (Commerce) is amending the 
preliminary affirmative countervailing duty determination on 
crystalline silicon photovoltaic cells, whether or not assembled into 
modules (solar

[[Page 88233]]

cells), from Malaysia to correct for significant ministerial errors.

DATES: Applicable November 7, 2024.

FOR FURTHER INFORMATION CONTACT: Preston Cox or Scarlet Jaldin, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5041 or (202) 482-4275, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with section 703(b) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.205(b), on October 4, 2024, Commerce 
published its preliminary affirmative countervailing duty determination 
on solar cells from Malaysia.\1\ On October 8, 2024, we received timely 
ministerial error allegations from the American Alliance for Solar 
Manufacturing Trade Committee (the petitioner) and Jinko Solar 
Technology Sdn. Bhd. (Jinko Solar Technology) that Commerce made 
significant ministerial errors in the Preliminary Determination with 
respect to the subsidy rate calculated for Jinko Solar Technology (JST) 
and its affiliates Jinko Solar (Malaysia) Sdn. Bhd. and Omega Solar 
Sdn. Bhd. (Omega) (collectively, Jinko Solar).\2\
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    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from Malaysia: Preliminary Affirmative 
Countervailing Duty Determination and Alignment of Final 
Determination with Final Antidumping Duty Determination, 89 FR 80861 
(October 4, 2024) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Petitioner's Letter, ``Ministerial Error Comments 
Regarding the Preliminary Determination,'' dated October 8, 2024 
(Petitioner's Ministerial Error Allegation); see also Jinko Solar's 
Letter, ``Jinko Ministerial Error Allegation,'' dated October 8, 
2024 (Jinko Solar's Ministerial Error Allegation).
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Period of Investigation

    The period of investigation (POI) is January 1, 2023, through 
December 31, 2023.

Scope of the Investigation

    The product covered by this investigation is solar cells from 
Malaysia. For a complete description of the scope of this 
investigation, see the appendix to this notice.

Analysis of Significant Ministerial Error Allegations

    According to 19 CFR 351.224(e), Commerce will analyze any comments 
received and, if appropriate, correct any significant ministerial error 
by amending the preliminary determination. A ministerial error is 
defined in 19 CFR 351.224(f) as ``an error in addition, subtraction, or 
other arithmetic function, clerical error resulting from inaccurate 
copying, duplication, or the like, and any other similar type of 
unintentional error which the Secretary considers ministerial.'' \3\ A 
significant ministerial error is defined as a ministerial error, the 
correction of which, singly or in combination with other errors, would 
result in: (1) a change of at least five absolute percentage points in, 
but not less than 25 percent of, the countervailing duty (CVD) rate 
calculated in the original preliminary determination; or (2) a 
difference between a CVD rate of zero (or de minimis) and a CVD rate 
greater than de minimis, or vice versa.\4\
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    \3\ See section 705(e) of the Act.
    \4\ See 19 CFR 351.224(g).
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Amended Preliminary Determination

    Consistent with 19 CFR 351.224(e), Commerce is amending the 
Preliminary Determination to reflect the correction of two ministerial 
errors made in the calculation of the countervailable subsidy rate for 
Jinko Solar.\5\ First, when calculating Jinko Solar's countervailable 
subsidy rate, we incorrectly calculated one of Jinko Solar's 
denominators, used for the purposes of calculating the ad valorem 
subsidy rate. Commerce finds that correction of this error submitted by 
the petitioner results in a change that is both at least five absolute 
percentage points in, and not less than 25 percent of, the subsidy rate 
calculated for Jinko Solar in the Preliminary Determination. As such, 
we find that there is a significant ministerial error within the 
meaning of sections 705(e) of the Act, and 19 CFR 351.224(f) and 
(g)(1). Therefore, we are correcting for this error by amending the 
Preliminary Determination, consistent with 19 CFR 351.224(e), and 
revising the calculations with regard to Jinko Solar's subsidy rate, 
the all-others rate, and the adverse facts available (AFA) rate. 
Additionally, when calculating the countervailable subsidy rate 
attributable to Jinko Solar under the Exemption of Import Duties and 
Sales Taxes for Raw Materials, Machinery, Equipment, and Spare Parts/
Accessories through Licensed Manufacturing Warehouses (LMWs) program, 
we inadvertently summed the benefits for both the LMW program and the 
Free Trade Zone (FTZ) program to calculate the raw materials LMW 
benefit, resulting in double-counting of the benefits from the FTZ 
program for raw materials imports. We find that this allegation 
constitutes a ministerial error within the meaning of 19 CFR 
351.224(f). Although by itself, this error is not ``significant'' 
within the meaning of 19 CFR 351.224(g), because correcting for this 
error in combination with the error alleged by the petitioner satisfies 
the requirements of 19 CFR 351.224(g)(1), we are correcting for both 
errors by amending the Preliminary Determination, consistent with 19 
CFR 351.224(e).
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    \5\ See Memorandum, ``Countervailing Duty Investigation of 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules, from Malaysia: Ministerial Error Allegations in the 
Preliminary Determination,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Ministerial Error Memorandum).
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    For a complete discussion of these ministerial errors, see the 
Preliminary Ministerial Error Memorandum.

Amended Preliminary Determination

    As a result of correcting the ministerial errors described above, 
we determine the following amended preliminary net countervailable 
subsidy rates for Jinko Solar and all other producers/exporters, and 
the AFA subsidy rate:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Hanwha Q CELLS Malaysia Sdn. Bhd........................         * 14.72
Jinko Solar Technology Sdn Bhd and its cross-owned                  9.92
 companies: Jinko Solar (Malaysia) Sdn. Bhd. and Omega
 Solar Sdn. Bhd.........................................
Baojia New Energy.......................................       ** 124.78
Pax Union Resources SDN BHD.............................       ** 124.78
SunMax Energy SDN BHD...................................       ** 124.78
All Others..............................................           12.32
------------------------------------------------------------------------
* Rate unchanged from the Preliminary Determination.
** Rate based on AFA.

Amended Cash Deposits and Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be established according to the rates calculated in this amended 
preliminary determination. Because the amended rates for Jinko Solar, 
all-others, and non-responsive companies result in increased cash 
deposits, they will be effective retroactively to October 4, 2024, the 
date of the publication of the Preliminary Determination. Parties will 
be notified of this determination, in accordance with section 703(d) 
and (f) of the Act.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public

[[Page 88234]]

announcement of the amended preliminary determination, in accordance 
with 19 CFR 351.224.

Notification to Interested Parties

    This notice is issued and published pursuant to sections 703(f) and 
777(i) of the Act and 19 CFR 351.224(e).

    Dated: October 31, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

Scope of the Investigation

    The merchandise covered by this investigation 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.
    This investigation covers 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 investigation.
    Excluded from the scope of the investigation 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 investigation 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 investigation 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 investigation 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 investigation: 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 square centimeters (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 
twoport rectangular connector.
    Additionally excluded from the scope of this investigation 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 8 mm diameter male barrel connector.
    Also excluded from the scope of this investigation are off-grid 
crystalline silicon photovoltaic 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 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 twoport connector; and (I) include exposed positive and 
negative terminals at opposite ends of the panel, not enclosed in a 
junction box.
    Modules, laminates, and panels produced in a third-country from 
cells produced in a subject country are covered by the 
investigation; however, modules, laminates, and panels produced in a 
subject country from cells produced in a third-country are not 
covered by the investigation.
    Also excluded from the scope of this investigation are all 
products covered by the scope of the antidumping and countervailing 
duty orders on 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); and 
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).
    Merchandise covered by the investigation is currently classified 
in the Harmonized Tariff System of the United States (HTSUS) under 
subheadings 8541.42.0010 and 8541.43.0010. Imports of the subject 
merchandise may enter under HTSUS 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, and 
8507.20.8091. These HTSUS subheadings are provided for convenience 
and customs purposes; the written description of the scope of the 
investigation is dispositive.

[FR Doc. 2024-25872 Filed 11-6-24; 8:45 am]
BILLING CODE 3510-DS-P