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[Federal Register Volume 89, Number 233 (Wednesday, December 4, 2024)]
[Notices]
[Pages 96214-96218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28404]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-851]

Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From Thailand: Preliminary Affirmative Determination of 
Sales at Less-Than-Fair-Value, Affirmative Determination of Critical 
Circumstances, Postponement of Final Determination, and Extension of 
Provisional Measures

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that crystalline silicon photovoltaic cells, whether or not 
assembled into modules (solar cells), from Thailand are being, or are 
likely to be, sold in the United States at less-than-fair-value (LTFV). 
The period of investigation (POI) is April 1, 2023, through March 31, 
2024. Interested

[[Page 96215]]

parties are invited to comment on this preliminary determination.

DATES: Applicable December 4, 2024.

FOR FURTHER INFORMATION CONTACT: Drew Jackson, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4406.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
initiated this investigation on May 14, 2024.\1\ On July 22, 2024, 
Commerce tolled certain deadlines in this administrative proceeding by 
seven days.\2\ On September 17, 2024, Commerce postponed the 
preliminary determination of this investigation until November 27, 
2024.\3\
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    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from Cambodia, Malaysia, Thailand, and the 
Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value 
Investigations, 89 FR 43809 (May 20, 2024) (Initiation Notice).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from Cambodia, Malaysia, Thailand, and the 
Socialist Republic of Vietnam: Postponement of Preliminary 
Determinations in the Less-Than-Fair-Value Investigations, 89 FR 
77473 (September 23, 2024).
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\4\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules, from Thailand,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are solar cells from 
Thailand. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\5\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\6\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this preliminary 
determination, and accompanying discussion and analysis of all comments 
timely received, see the Preliminary Scope Decision Memoranda.\7\ 
Commerce is preliminarily modifying the scope language as it appeared 
in the Initiation Notice, provided in Appendix I to this notice. The 
deadline for scope-related case and rebuttal briefs is established in 
the Preliminary Scope Decision Memoranda.
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    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \6\ See Initiation Notice, 89 FR 43810.
    \7\ See Memoranda, ``Crystalline Silicon Photovoltaic Cells, 
Whether or Not Assembled into Modules, from Cambodia, Malaysia, and 
Thailand: Preliminary Scope Decision Memorandum,'' dated 
concurrently with this notice and ``Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled into Modules from Vietnam,'' dated 
concurrently with this notice (collectively, Preliminary Scope 
Decision Memoranda).
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Constructed export prices have been calculated 
in accordance with section 772(b) of the Act. Normal value is 
calculated in accordance with section 773 of the Act. In addition, 
pursuant to sections 776(a) and (b) of the Act, Commerce preliminarily 
relied upon facts otherwise available with adverse inferences for 
certain companies. For a full description of the methodology underlying 
the preliminary determination, see the Preliminary Decision Memorandum.

Preliminary Affirmative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
Commerce preliminarily finds that critical circumstances exist for 
Trina Solar Science & Technology (Thailand) Ltd. (TTL). Commerce also 
preliminarily finds that critical circumstances exist for all other 
exporters and producers of the subject merchandise as well as for 
Sunshine Electrical Energy and Taihua New Energy (Thailand) Co. Ltd. 
For a full description of the methodology and results of Commerce's 
critical circumstances analysis, see the Preliminary Decision 
Memorandum and Preliminary Analysis of Critical Circumstances.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that, in 
the preliminary determination, Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely under 
section 776 of the Act.
    In this investigation, Commerce calculated an individual estimated 
weighted-average dumping margin for TTL, the only individually examined 
exporter/producer in this investigation. Because the only individually 
calculated dumping margin is not zero, de minimis, or based entirely on 
facts otherwise available, the estimated weighted-average dumping 
margin calculated for TTL is the margin assigned to all other producers 
and exporters, pursuant to section 735(c)(5)(A) of the Act. For this 
preliminary determination, Commerce has determined the rates for 
Sunshine Electrical Energy and New Energy (Thailand) Co. Ltd. entirely 
under facts available with an adverse inference.\8\
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    \8\ See Preliminary Decision Memorandum at ``Application of 
Facts Available and Use of Adverse Inferences.''
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

[[Page 96216]]

------------------------------------------------------------------------
                                                       Cash deposit rate
                                    Weighted-average     (adjusted for
        Exporter/producer            dumping margin   subsidy offset(s))
                                       (percent)           (percent)
------------------------------------------------------------------------
Trina Solar Science & Technology               77.85                 N/A
 (Thailand) Ltd..................
Sunshine Electrical Energy.......           * 154.68                 N/A
Taihua New Energy (Thailand) Co.            * 154.68                 N/A
 Ltd.............................
All Others.......................              77.85           \9\ 57.66
------------------------------------------------------------------------
* Rates based on facts available with adverse inferences.

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption, as discussed below. 
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 
351.205(d), Commerce will instruct CBP to require a cash deposit equal 
to the estimated weighted-average dumping margin or the estimated all-
others rate, as follows: (1) The cash deposit rate for the respondents 
listed above will be equal to the company-specific estimated weighted-
average dumping margins determined in this preliminary determination; 
(2) if the exporter is not a respondent identified above, but the 
producer is, then the cash deposit rate will be equal to the company-
specific estimated weighted-average dumping margin established for that 
producer of the subject merchandise; and (3) the cash deposit rate for 
all other producers and exporters will be equal to the all-others 
estimated weighted-average dumping margin.\9\
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    \9\ Id. at 25.
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    Section 733(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of (a) 
the date which is 90 days before the date on which the suspension of 
liquidation was first ordered, or (b) the date on which notice of 
initiation of the investigation was published. Commerce preliminarily 
finds that critical circumstances exist for imports of subject 
merchandise produced or exported by TTL, firms subject to the all 
others rate, Sunshine Electrical Energy, and Taihua New Energy 
(Thailand) Co. Ltd. In accordance with section 733(e)(2)(A) of the Act, 
the suspension of liquidation shall apply to unliquidated entries of 
shipments of subject merchandise from the producer(s) or exporter(s) 
identified in this paragraph that were entered, or withdrawn from 
warehouse, for consumption on or after the date which is 90 days before 
the publication of this notice.
    Commerce normally adjusts cash deposits for estimated antidumping 
duties by the amount of export subsidies countervailed in a companion 
countervailing duty (CVD) proceeding, when CVD provisional measures are 
in effect. Accordingly, where Commerce preliminarily made an 
affirmative determination for countervailable export subsidies, 
Commerce has offset the estimated weighted-average dumping margin by 
the appropriate CVD rate. Any such adjusted cash deposit rate may be 
found in the ``Preliminary Determination'' section above.
    Should provisional measures in the companion CVD investigation 
expire prior to the expiration of provisional measures in this LTFV 
investigation, Commerce will direct CBP to begin collecting estimated 
antidumping duty cash deposits unadjusted for countervailed export 
subsidies at the time that the provisional CVD measures expire.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).
    Consistent with 19 CFR 351.224(e), Commerce will analyze and, if 
appropriate, correct any timely allegations of significant ministerial 
errors by amending the preliminary determination. However, consistent 
with 19 CFR 351.224(d), Commerce will not consider incomplete 
allegations that do not address the significance standard under 19 CFR 
351.224(g) following the preliminary determination. Instead, Commerce 
will address such allegations in the final determination together with 
issues raised in the case briefs or other written comments.

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    All interested parties will have the opportunity to submit scope 
case and rebuttal briefs to allow interested parties to comment on our 
preliminary scope decision at that time. For all scope case and 
rebuttal briefs, parties must file identical documents simultaneously 
on the records of the ongoing LTFV and CVD investigations of solar 
cells from Cambodia, Malaysia, the Socialist Republic of Vietnam, and 
Thailand. No new factual information or business proprietary 
information may be included in either scope case or rebuttal briefs.
    Case briefs or other written comments regarding non-scope issues 
may be submitted to the Assistant Secretary for Enforcement and 
Compliance no later than seven days after the date on which the last 
verification report is issued in this investigation.\10\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed not 
later than five days after the date for filing case briefs.\11\ 
Interested parties who submit case briefs or rebuttal briefs in this 
proceeding must submit: (1) a table of contents listing each issue; and 
(2) a table of authorities.\12\
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    \10\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for 
general filing requirements).
    \11\ 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) (APO and Service Final Rule).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this investigation, we instead request 
that interested parties provide at the beginning of their briefs a 
public,

[[Page 96217]]

executive summary for each issue raised in their briefs.\13\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the issues and decision memorandum that will 
accompany the final determination in this investigation. We request 
that interested parties include footnotes for relevant citations in the 
executive summary of each issue. Note that Commerce has amended certain 
of its requirements pertaining to the service of documents in 19 CFR 
351.303(f).\14\
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    \13\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \14\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On November 15, 2024, pursuant to 19 CFR 351.210(e), TTL requested 
that Commerce postpone the final determination and that provisional 
measures be extended to a period not to exceed six months.\15\ In 
accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because: (1) the preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination.
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    \15\ See TTL's Letter, ``Request to Extend the Deadline for the 
Final Determination,'' dated November 15, 2024.
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U.S. International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: November 27, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

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 investigations.
    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.

[[Page 96218]]

    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 two-
sport 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 two-port connector; and (I) include exposed positive and 
negative terminals at opposite ends of the panel, not enclosed in a 
junction box.
    Further excluded from the scope of the investigation are:
    1. Off grid rigid CSPV panels with a glass cover, with the 
following characteristics: (A) a total power output of 200 watts or 
less per panel, (B) a maximum surface area of 10,500 cm\2\ per 
panel, (C) do not include a built-in inverter, (D) must include a 
permanently connected wire that terminates in waterproof connector 
with a cylindrical positive electrode and a rectangular negative 
electrode with the positive and negative electrodes having an 
interlocking structure, (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
    2. Off-grid small portable crystalline silicon photovoltaic 
panels, with or without a glass cover, with the following 
characteristics: (A) a total power output of 200 watts or less per 
panel, (B) a maximum surface area of 16,000 cm\2\ per panel, (C) no 
built-in inverter, (D) an integrated handle or a handle attached to 
the package for ease of carry, (E) one or more integrated kickstands 
for easy installation or angle adjustment, and (F) a wire either 
permanently connected or attached to the package terminates in 
waterproof connector with a cylindrical positive electrode and a 
rectangular negative electrode with the positive and negative 
electrodes having an interlocking structure.
    Also excluded from the scope of the investigation are:
    1. Off grid rigid CSPV panels with a glass cover, with the 
following characteristics: (A) a total power output of 200 watts or 
less per panel, (B) a maximum surface area of 10,500 cm\2\ per 
panel, (C) do not include a built-in inverter, (D) must include a 
permanently connected wire that terminates in waterproof connector 
with a cylindrical positive electrode and a rectangular negative 
electrode with the positive and negative electrodes having an 
interlocking structure, (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
    2. Small off-grid panels with glass cover, with the following 
characteristics: (A) surface area from 3,450 mm\2\ to 33,782 mm\2\, 
(B) with one black wire and one red wire (each of type 22 AWG or 28 
AWG not more than 350 mm in length when measured from panel 
extrusion), (C) not exceeding 10 volts, (D) not exceeding 1.1 amps, 
(E) not exceeding 6 watts, and (F) for the purposes of this 
exclusion, no panel shall contain an internal battery or external 
computer peripheral ports.
    Additionally excluded from the scope of the investigation are:
    1. Off grid rigid CSPV panels with a glass cover, with the 
following characteristics: (A) a total power output of 175 watts or 
less per panel, (B) a maximum surface area of 9,000 cm\2\ per panel, 
(C) do not include a built-in inverter, (D) must include a 
permanently connected wire that terminates in waterproof connector 
with a cylindrical positive electrode and a rectangular negative 
electrode with the positive and negative electrodes having an 
interlocking structure; (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
    2. Off grid CSPV panels without a glass cover, with the 
following characteristics, (A) a total power output of 220 watts or 
less per panel, (B) a maximum surface area of 16,000 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 encased in 
a laminated material without stitching.
    Also excluded from the scope of this investigation 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
    Modules, laminates, and panels produced in a third-country from 
cells produced in a subject country are covered by the 
investigations; however, modules, laminates, and panels produced in 
a subject country from cells produced in a third-country are not 
covered by the investigations.
    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 
investigations is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available and Use of Adverse Inferences
V. Discussion of the Methodology
VI. Preliminary Affirmative Determination of Critical Circumstances
VII. Particular Market Situation
VIII. Currency Conversion
IX. Adjustments to Cash Deposit Rates for Export Subsidies in the 
Companion Countervailing Duty Investigation
X. Recommendation

[FR Doc. 2024-28404 Filed 12-3-24; 8:45 am]
BILLING CODE 3510-DS-P
```