Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Notices 19071 

1See 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) (Orders). 

2See Auxin’s Letter, ‘‘Auxin Solar’s Request for 

an Anti-Circumvention Ruling Pursuant to Section 

781(b) of the Tariff Act of 1930, As Amended,’’ 

dated February 8, 2022. 

3See Memorandum, ‘‘Extension of Time to 

Determine Whether to Initiate Anti-Circumvention 

Inquiry,’’ dated March 9, 2022. 

4See Memorandum, ‘‘Crystalline Silicon 

Photovoltaic Cells, Whether or Not Assembled Into 

Modules from the People’s Republic of China: 

Initiation of Circumvention Inquiries,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Initiation Memorandum). 

751(c), 752(b), and 777(i)(1) of the Act, 

and 19 CFR 351.218. 

Dated: March 25, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

List of Issues Addressed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. History of the Order 

V. Legal Framework 

VI. Discussion of the Issues 

1. Likelihood of Continuation or 

Recurrence of a Countervailable Subsidy 

2. Net Countervailable Subsidy Rates that 

Are Likely to Prevail 

3. Nature of the Subsidies 

VII. Final Results of Review 

VIII. Recommendation 

[FR Doc. 2022–06926 Filed 3–31–22; 8:45 am] 

BILLING CODE 3510–DS–P 

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: Initiation of Circumvention 

Inquiry on the Antidumping Duty and 

Countervailing Duty Orders 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In response to a request from 

Auxin Solar Inc. (Auxin), the 

Department of Commerce (Commerce) is 

initiating country-wide circumvention 

inquiries to determine whether imports 

of crystalline silicon photovoltaic cells, 

whether or not assembled into modules 

(solar cells and modules), which are 

completed in Cambodia, Malaysia, 

Thailand, or Vietnam using parts and 

components from the People’s Republic 

of China (China), are circumventing the 

antidumping duty (AD) and 

countervailing duty (CVD) orders on 

solar cells and modules from China. 

DATES: Applicable April 1, 2022. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Pedersen or Paola Aleman Ordaz 

(Thailand and Vietnam), Office IV, or 

Chien-Min Yang (Cambodia and 

Malaysia), Office VII, AD/CVD 

Operations, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–2769, (202) 482–4031, and 

(202) 482–5484, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 8, 2022, pursuant to 

section 781(b) of the Tariff Act of 1930, 

as amended (the Act), and 19 CFR 

351.226(c), Auxin filed a circumvention 

inquiry request alleging that solar cells 

and modules completed in Cambodia, 

Malaysia, Thailand, or Vietnam using 

parts and components manufactured in 

China are circumventing the Orders 1

and, accordingly, should be included 

within the scope of the Orders.2 Parties 

have filed numerous letters with 

Commerce in which they explained 

their views concerning the requested 

circumvention inquiries. On March 9, 

2022, we extended the deadline to 

determine whether to initiate these 

circumvention inquiries by 15 days, in 

accordance with 19 CFR 351.226(d)(1).3

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. Merchandise 

covered by these Orders is currently 

classified in the Harmonized Tariff 

Schedule 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. Although these HTSUS 

subheadings are provided for 

convenience and customs purposes, the 

written description of the scope of the 

Orders is dispositive. For a complete 

description of the scope of the Orders, 

see the Initiation Memorandum.4

Merchandise Subject to the 

Circumvention Inquiries 

The circumvention inquiries cover 

solar cells and modules that have been 

completed in Cambodia, Malaysia, 

Thailand, or Vietnam, using parts and 

components from China, that are then 

subsequently exported from Cambodia, 

Malaysia, Thailand, or Vietnam to the 

United States. 

Initiation of Circumvention Inquiries 

Section 351.226(d) of Commerce’s 

regulations states that if Commerce 

determines that a request for a 

circumvention inquiry satisfies the 

requirements of 19 CFR 351.226(c), then 

Commerce ‘‘will accept the request and 

initiate a circumvention inquiry.’’ 

Section 351.226(c)(1) of Commerce’s 

regulations, in turn, requires that each 

request for a circumvention inquiry 

allege ‘‘that the elements necessary for 

a circumvention determination under 

section 781 of the Act exist’’ and be 

‘‘accompanied by information 

reasonably available to the interested 

party supporting these allegations.’’ 

Auxin alleged circumvention pursuant 

to section 781(b) of the Act 

(merchandise completed or assembled 

in other foreign countries). 

According to section 781(b)(1) of the 

Act, after taking into account any advice 

provided by the U.S. International Trade 

Commission (ITC) under section 781(e) 

of the Act, Commerce may find 

merchandise imported into the United 

States to be covered by the scope of an 

order if: (A) Merchandise imported into 

the United States is of the same class or 

kind as any merchandise produced in a 

foreign country that is the subject of an 

AD order or finding or a CVD order; (B) 

before importation into the United 

States, such imported merchandise is 

completed or assembled in another 

foreign country from merchandise 

which is subject to the order or finding 

or is produced in the foreign country 

with respect to which such order or 

finding applies; (C) the process of 

assembly or completion in the foreign 

country referred to in subparagraph (B) 

is minor or insignificant; (D) the value 

of the merchandise produced in the 

foreign country to which the AD (or 

CVD) order applies is a significant 

portion of the total value of the 

merchandise exported to the United 


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19072 Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Notices 

5See Initiation Memorandum. 

6See, e.g., Certain Corrosion-Resistant Steel 

Products from the Republic of Korea and Taiwan: 

Initiation of Anti-Circumvention Inquiries on the 

Antidumping Duty and Countervailing Duty Orders, 

83 FR 37785 (August 2, 2018); Carbon Steel ButtWeld Pipe Fittings from the People’s Republic of 

China: Initiation of Anti-Circumvention Inquiry on 

the Antidumping Duty Order, 82 FR 40556, 40560 

(August 25, 2017) (stating at initiation that 

Commerce would evaluate the extent to which a 

country-wide finding applicable to all exports 

might be warranted); and Certain CorrosionResistant Steel Products from the People’s Republic 

of China: Initiation of Anti-Circumvention Inquiries 

on the Antidumping Duty and Countervailing Duty 

Orders, 81 FR 79454, 79458 (November 14, 2016) 

(stating at initiation that Commerce would evaluate 

the extent to which a country-wide finding 

applicable to all exports might be warranted). 7See Initiation Memorandum. 

States; and (E) the administering 

authority determines that action is 

appropriate to prevent evasion of such 

order or finding. 

In determining whether the process of 

assembly or completion in a third 

country is minor or insignificant under 

section 781(b)(1)(C) of the Act, section 

781(b)(2) of the Act directs Commerce to 

consider: (A) The level of investment in 

the foreign country; (B) the level of 

research and development in the foreign 

country; (C) the nature of the production 

process in the foreign country; (D) the 

extent of production facilities in the 

foreign country; and (E) whether the 

value of processing performed in the 

foreign country represents a small 

proportion of the value of the 

merchandise imported into the United 

States. 

In addition, section 781(b)(3) of the 

Act sets forth additional factors to 

consider in determining whether to 

include merchandise assembled or 

completed in a third country within the 

scope of an AD or CVD order. 

Specifically, Commerce shall take into 

account such factors as: (A) The pattern 

of trade, including sourcing patterns; (B) 

whether the manufacturer or exporter of 

the merchandise that was shipped to the 

third country for completion or 

assembly is affiliated with the person in 

the third country who assembles or 

completes the merchandise that is 

subsequently imported into the United 

States; and (C) whether imports of the 

merchandise into the third country that 

was completed or assembled have 

increased after the initiation of the 

investigation which resulted in the 

issuance of the order or finding. 

Based on our analysis of Auxin’s 

circumvention request, we determined 

that Auxin satisfied the criteria under 

19 CFR 351.226(c), and thus, pursuant 

to 19 CFR 351.226(d)(1)(ii), we have 

accepted the request and are initiating 

the requested circumvention inquiries 

of the Orders. For a full discussion of 

the basis for our decision to initiate the 

requested circumvention inquiries, see 

the Initiation Memorandum.5 Moreover, 

as explained in the Initiation 

Memorandum, based on the information 

provided by Auxin, we have initiated 

country-wide circumvention inquiries. 

Commerce has taken this approach in 

prior circumvention inquiries where the 

facts warranted initiation on a countrywide basis.6

Consistent with the approach taken in 

prior circumvention inquiries that 

Commerce initiated on a country-wide 

basis, we intend to solicit information 

from certain companies in Cambodia, 

Malaysia, Thailand, and Vietnam 

concerning their production of solar 

cells and modules and their shipments 

thereof to the United States. A 

company’s failure to completely 

respond to Commerce’s requests for 

information may result in the 

application of partial or total facts 

available, pursuant to section 776(a) of 

the Act, which may include adverse 

inferences, pursuant to section 776(b) of 

the Act. 

Respondent Selection 

Commerce intends to base respondent 

selection on responses to quantity and 

value questionnaires. Commerce intends 

to identify the companies to which it 

will issue the quantity and value 

questionnaire, in part, based on CBP 

data. Parties to which Commerce does 

not issue the quantity and value 

questionnaire may also respond to the 

quantity and value questionnaire, which 

will be available in ACCESS, by the 

applicable deadline. Commerce intends 

to place the CBP data on the record 

within five days of publication of the 

initiation notice. Comments regarding 

the CBP data and respondent selection 

should be submitted within seven days 

after placement of the CBP data on the 

record of the relevant inquiry. 

Suspension of Liquidation 

Pursuant to 19 CFR 351.226(l)(1), 

Commerce will notify U.S. Customs and 

Border Protection (CBP) of its initiation 

of the requested circumvention 

inquiries and direct CBP to continue the 

suspension of liquidation of entries of 

products subject to the circumvention 

inquiries that were already subject to 

the suspension of liquidation and to 

apply the cash deposit rate that would 

be applicable if the products were 

determined to be covered by the scope 

of the Orders. Should Commerce issue 

preliminary or final circumvention 

determinations, Commerce will follow 

the suspension of liquidation rules 

under 19 CFR 351.226(l)(2)–(4). 

Notification to Interested Parties 

In accordance with 19 CFR 351.226(d) 

and section 781(b) of the Act, Commerce 

has determined that the Auxin’ request 

for circumvention inquiries satisfies the 

requirements of 19 CFR 351.226(c). 

Accordingly, Commerce is notifying all 

interested parties of the initiation of 

circumvention inquiries to determine 

whether U.S. imports of solar cells and 

modules that have been completed in, 

and exported from, Cambodia, Malaysia, 

Thailand, or Vietnam using parts and 

components manufactured in China, are 

circumventing the Orders. We included 

a description of the products that are 

subject to the circumvention inquiries, 

and an explanation of the reasons for 

Commerce’s decision to initiate these 

inquiries, in the accompanying 

Initiation Memorandum.7 In accordance 

with 19 CFR 351.226(e)(2), Commerce 

intends to issue its preliminary 

determination in these circumvention 

proceedings no later than 150 days from 

the date of publication of this notice in 

the Federal Register. 

This notice is published in 

accordance with section 781(b) of the 

Act and 19 CFR 351.226(d)(1)(ii). 

Dated: March 25, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

List of Topics Discussed in the 

Circumvention Initiation Memo 

I. Summary 

II. Background 

III. Scope of the Orders 

IV. Merchandise Subject to the 

Circumvention Inquiry 

V. Statutory and Regulatory Framework for 

Circumvention Inquiries 

VI. Statutory Analysis for the Circumvention 

Inquiry 

VII. Comments Opposing the Initiation of a 

Circumvention Inquiry 

VIII. Country-Wide Circumvention Inquiries 

IX. Recommendation 

[FR Doc. 2022–06827 Filed 3–31–22; 8:45 am] 

BILLING CODE 3510–DS–P 


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