Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Notices 96219 

1See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into Modules, From 

Cambodia, Malaysia, Thailand, and the Socialist 

Republic of Vietnam: Initiation of Less-Than-FairValue Investigations, 89 FR 43809 (May 20, 2024) 

(Initiation Notice). 

2See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

3See 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). 

4See 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 the Socialist 

Republic of Vietnam,’’ dated concurrently with, and 

hereby adopted by, this notice (Preliminary 

Decision Memorandum). 5See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 6See Initiation Notice, 89 FR 43810. 7See 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). 

8See Initiation Notice, 89 FR 43814. 

9See Enforcement and Compliance’s Policy 

Bulletin No. 05.1, regarding, ‘‘Separate-Rates 

Practice and Application of Combination Rates in 

Antidumping Investigations involving Non-Market 

Economy Countries,’’ (April 5, 2005) (Policy 

Bulletin 05.1), available on Commerce’s website at 

https://enforcement.trade.gov/policy/bull05-1.pdf. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–841] 

Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into 

Modules From the Socialist Republic 

of Vietnam: Preliminary Affirmative 

Determination of Sales at Less Than 

Fair Value, Preliminary Affirmative 

Determination of Critical 

Circumstances, in Part, and 

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 the Socialist Republic of Vietnam 

(Vietnam) are being, or are likely to be, 

sold in the United States at less than fair 

value (LTFV). The period of 

investigation (POI) is October 1, 2023, 

through March 31, 2024. Interested 

parties are invited to comment on this 

preliminary determination. 

DATES: Applicable December 4, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Laurel LaCivita or Deborah Cohen, AD/ 

CVD Operations, Office III, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–4243 or (202) 482–4521, 

respectively. 

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

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. 

Scope of the Investigation 

The products covered by this 

investigation are solar cells from 

Vietnam. 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 scoperelated case and rebuttal briefs is 

established in the Preliminary Scope 

Decision Memoranda. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

731 of the Act. Commerce has 

calculated constructed export prices in 

accordance with section 772(b) of the 

Act. Because Vietnam is a non-market 

economy, within the meaning of section 

771(18) of the Act, Commerce has 

calculated normal value in accordance 

with section 773(c) of the Act. 

Furthermore, pursuant to sections 

776(a) and (b) of the Act, Commerce 

preliminarily relied upon facts 

otherwise available, with adverse 

inferences, for the Vietnam-wide entity. 

For a full description of the 

methodology underlying Commerce’s 

preliminary determination, see the 

Preliminary Decision Memorandum. 

Preliminary Affirmative Determination 

of Critical Circumstances, in Part 

In accordance with section 733(e) of 

the Act and 19 CFR 351.206, Commerce 

preliminarily determines that critical 

circumstances exist with respect to 

imports of solar cells from Vietnam for 

the non-selected companies eligible for 

a separate rate and the Vietnam-wide 

entity, but that critical circumstances do 

not exist for mandatory respondents JA 

Solar Vietnam Co. Ltd (JA Solar) and 

Jinko Solar (Vietnam) Industries 

Company Limited (Jinko Vietnam). For 

a full description of the methodology 

and results of Commerce’s analysis, see 

the Preliminary Decision Memorandum. 

Combination Rates 

In the Initiation Notice,8 Commerce 

stated that it would calculate producer/ 

exporter combination rates for the 

respondents that are eligible for a 

separate rate in this investigation. Policy 

Bulletin 05.1 describes this practice.9

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated weightedaverage dumping margins exist: 


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10We preliminarily find that JA Solar and JA 

Solar PV Vietnam Company Limited (JAPV) are 

affiliated and should be treated as a single entity 

pursuant to 19 CFR 351.401(f)(1) for the purposes 

of this preliminary determination. See Preliminary 

Decision Memorandum at Section IV. ‘‘Single Entity 

Analysis’’ for further discussion of the preliminary 

collapsing determination. 

Producer Exporter 

Estimated 

weighted-average 

dumping margin 

(percent) 

Cash deposit rate 

(adjusted for 

subsidy offsets) 

(percent) 

JA Solar Vietnam Co. Ltd./JA Solar PV10 ........... JA Solar Vietnam Co. Ltd .................................... 53.30 53.19 

Jinko Solar (Vietnam) Industries Company Limited.Jinko Solar (Vietnam) Industries Company Limited.56.51 56.40 

Blue Moon Vina Co .............................................. Blue Moon Vina Co .............................................. 54.46 54.35 

Boviet Solar Technology Co., Ltd ........................ Boviet Solar Technology Co., Ltd ........................ 54.46 54.46 

Elite Solar Technology (Vietnam) Company Limited.Elite SNG .............................................................. 54.46 54.35 

Letsolar Vietnam Company Limited ..................... Letsolar Vietnam Company Limited ..................... 54.46 54.35 

Mecen Solar Vina Co., Ltd ................................... Mecen Solar Vina Co., Ltd ................................... 54.46 54.35 

Nexuns Vietnam Company Limited ...................... Nexuns Vietnam Company Limited ...................... 54.46 54.35 

Trina Solar Energy Development Company Ltd .. Trina Solar Energy Development Company Ltd .. 54.46 54.35 

Vietnergy Co., Ltd. and Tainergy Tech Co., Ltd. 

(collectively, Vietnergy).

Vietnergy Co., Ltd. and Tainergy Tech Co., Ltd. 

(collectively, Vietnergy).

54.46 54.35 

Vietnam Sunergy Joint Stock Company (f.k.a. 

Vietnam Sunergy Company Limited).

Vietnam Sunergy Joint Stock Company (f.k.a. 

Vietnam Sunergy Company Limited).

54.46 54.35 

Vietnam-Wide Entity * 271.28 271.28 

* This rate is 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 on or after 

the date of publication of this notice in 

the Federal Register. 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, as adjusted for export 

subsidies, as follows: (1) for the 

producer/exporter combinations listed 

in the table above, the cash deposit rate 

is equal to the estimated weightedaverage dumping margin listed for that 

combination in the table; (2) for all 

combinations of Vietnam producers/ 

exporters of merchandise under 

consideration that have not established 

eligibility for their own separate rates, 

the cash deposit rate will be equal to the 

estimated weighted-average dumping 

margin established for the Vietnamwide entity; and (3) for all third-county 

exporters of merchandise under 

consideration not listed in the table 

above, the cash deposit rate is the cash 

deposit rate applicable to the Vietnam 

producer/exporter combination 

(Vietnam-wide entity) that supplied that 

third-country exporter. 

Should the final estimated weightedaverage dumping margin be zero or de 

minimis for the producer/exporter 

combinations identified above, entries 

of merchandise from these producer/ 

exporter combinations will be excluded 

from the order. Such exclusion(s) will 

not be applicable to merchandise 

exported to the United States by any 

other producer/exporter combinations 

or by third-country exporters that 

sourced from the excluded producer/ 

exporter combinations. 

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 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 from the nonselected companies eligible for a 

separate rate and the Vietnam-wide 

entity. In accordance with section 

733(e)(2)(A) of the Act, the suspension 

of liquidation shall apply to all 

unliquidated entries of merchandise 

from the producer/exporter 

combinations 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. 

To determine the cash deposit rate, 

Commerce normally adjusts the 

estimated weighted-average dumping 

margin by the amount of domestic 

subsidy pass-through and export 

subsidies determined in a companion 

countervailing duty (CVD) proceeding 

when CVD provisional measures are in 

effect. Accordingly, where Commerce 

has made a preliminary affirmative 

determination for domestic subsidy 

pass-through or export subsidies, 

Commerce has offset the calculated 

estimated weighted-average dumping 

margin by the appropriate rate(s). Any 

such adjusted rates may be found in the 

‘‘Preliminary Determination’’ section’s 

chart of estimated weighted-average 

dumping margins 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 cash deposits at a rate equal 

to the estimated weighted-average 

dumping margins calculated in this 

preliminary determination unadjusted 

for the passed-through domestic 

subsidies or for export subsidies at the 

time the CVD provisional measures 

expire. 

These suspension of liquidation 

instructions will remain in effect until 

further notice. 

Disclosure 

Commerce intends to disclose to 

interested parties the calculations 

performed in connection with this 

preliminary determination within five 

days of its 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 


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11See 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). 

12See 19 351.309(c)(2) and (d)(2). 

13We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

14See APO and Service Final Rule. 

15See JA Solar’s Letter, ‘‘Postponement of Final 

Determination and Extension of Provisional 

Measures Period,’’ dated November 5, 2024; and, 

Jinko’s Letter, ‘‘Jinko’s Request for Postponement of 

Final Determination,’’ dated November 8, 2024. 

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 

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 LFTV and 

CVD investigations of solar cells from 

Cambodia, Malaysia, 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 final verification report is issued 

in this investigation. 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

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, 

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

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 5 and 8, 2024, pursuant 

to 19 CFR 351.210(e), JA Solar and 

Jinko, respectively, 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 exporters 

account 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. 

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 


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to, modules, laminates, panels, buildingintegrated 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 this 

investigation are crystalline silicon 

photovoltaic cells, not exceeding 10,000 mm2

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 mm2 to 33,782 mm2 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 cm2 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 

cm2 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 (cm2) 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 cm2 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 (cm2) per panel; 

(C) include a keep-out area of approximately 

1,200 cm2 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. 

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 

cm2 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 cm2 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 

cm2 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 mm2 to 33,782 mm2, (B) with 

one black wire and one red wire (each of type 

22AWG 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 

cm2 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 

cm2 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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Notices 96223 

1See Certain Alkyl Phosphate Esters from the 

People’s Republic of China: Initiation of Less-ThanFair-Value Investigation, 89 FR 43801 (May 20, 

2024) (Initiation Notice). 

2See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

3See Certain Alkyl Phosphate Esters from the 

People’s Republic of China: Postponement of 

Preliminary Determinations of Less-Than-FairValue Investigations, 89 FR 76087 (September 17, 

2024). 

4See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination in the 

Less-Than-Fair-Value Investigation of Certain Alkyl 

Phosphate Esters from the People’s Republic of 

China,’’ dated concurrently with, and hereby 

adopted by, this notice (Preliminary Decision 

Memorandum). 

5See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 

6See Initiation Notice. 

7See Shanghai Yongxiangshun International 

Trade Co., Ltd.’s Letter, ‘‘Scope of Order 

Comments,’’ dated May 30, 2024. Although 

Shanghai Yongxiangshun International Trade Co., 

Ltd. (Shanghai Yongxiangshun) submitted a letter 

entitled, ‘‘Scope Order Comments,’’ the letter did 

not include comments opposing the scope as 

published in the Initiation Notice. 

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 cm2

per panel; 

3. does not include a built-in inverter for 

powering third party devices. 

Additionally excluded from the scope of 

the investigation are off-grid greenhouse 

shade tracking systems with between 3 and 

30 flexible CSPV panels, each permanently 

affixed to an outer aluminum frame, with (A) 

no glass cover, (B) no back sheet, (C) no builtin inverter, (D) power output of 220 watts or 

less per panel, (E) surface area of 10,000 cm 

squared or less per panel, (F) two clear 

plastic trusses per panel permanently 

attached running lengthwise on the same 

side as the junction boxes, (G) visible parallel 

grid collector metallic wire lines every 1–4 

mm per each cell on same side as junction 

box, (H) two rectangular plastic junction 

boxes per panel with at least 16 diodes per 

panel, and (I) encased in an aluminum frame 

and laminated without stitching. 

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. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Single-Entity Analysis 

V. Discussion of the Methodology 

VI. Currency Conversion 

VII. Preliminary Affirmative Determination of 

Critical Circumstances, In Part 

VIII. Adjustment Under Section 777(A)(f) of 

the Act 

IX. Adjustment To Cash Deposit Rate For 

Export Subsidies 

X. Recommendation 

[FR Doc. 2024–28403 Filed 12–3–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–168] 

Certain Alkyl Phosphate Esters From 

the People’s Republic of China: 

Preliminary Affirmative Determination 

of Sales at Less Than Fair Value, 

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 certain alkyl phosphate 

esters (alkyl phosphate esters) from the 

People’s Republic of China (China) are 

being, or are likely to be, sold in the 

United States at less than fair value 

(LTFV). The period of investigation 

(POI) is October 1, 2023, through March 

31, 2024. Interested parties are invited 

to comment on this preliminary 

determination. 

DATES: Applicable December 4, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Robert Palmer or Dennis McClure, AD/ 

CVD Operations, Office VIII, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–9068 or 

(202) 482–5973, respectively. 

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 published the 

notice of initiation of this investigation 

on May 20, 2024.1 On August 8, 2024, 

Commerce tolled certain deadlines in 

this investigation by seven days.2 On 

September 17, 2024, Commerce 

postponed the preliminary 

determination of this investigation and 

the revised deadline is now November 

26, 2024.3

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. 

Scope of the Investigation 

The product covered by this 

investigation is alkyl phosphate esters 

from China. 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 No interested 

party commented on the scope of the 

investigation as it appeared in the 

Initiation Notice.7 Commerce is not 

preliminarily modifying the scope 

language as it appeared in the Initiation 

Notice. See the scope in Appendix I to 

this notice. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 


ddrumheller on DSK120RN23PROD with NOTICES1