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[Federal Register Volume 89, Number 233 (Wednesday, December 4, 2024)]
[Notices]
[Pages 96219-96223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28403]

[[Page 96219]]

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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\
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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 the Socialist Republic of Vietnam,'' 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 
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 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) (Preamble).
    \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. 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\
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    \8\ See Initiation Notice, 89 FR 43814.
    \9\ See 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.
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Preliminary Determination

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

[[Page 96220]]

----------------------------------------------------------------------------------------------------------------
                                                                                               Cash deposit rate
                                                                          Estimated weighted-    (adjusted for
                Producer                             Exporter               average dumping    subsidy offsets)
                                                                           margin (percent)        (percent)
----------------------------------------------------------------------------------------------------------------
JA Solar Vietnam Co. Ltd./JA Solar PV    JA Solar Vietnam Co. Ltd.......               53.30               53.19
 \10\.
Jinko Solar (Vietnam) Industries         Jinko Solar (Vietnam)                         56.51               56.40
 Company Limited.                         Industries Company Limited.
Blue Moon Vina Co......................  Blue Moon Vina Co..............               54.46               54.35
Boviet Solar Technology Co., Ltd.......  Boviet Solar Technology Co.,                  54.46               54.46
                                          Ltd.
Elite Solar Technology (Vietnam)         Elite SNG......................               54.46               54.35
 Company Limited.
Letsolar Vietnam Company Limited.......  Letsolar Vietnam Company                      54.46               54.35
                                          Limited.
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   Trina Solar Energy Development                54.46               54.35
 Ltd.                                     Company Ltd.
Vietnergy Co., Ltd. and Tainergy Tech    Vietnergy Co., Ltd. and                       54.46               54.35
 Co., Ltd. (collectively, Vietnergy).     Tainergy Tech Co., Ltd.
                                          (collectively, Vietnergy).
Vietnam Sunergy Joint Stock Company      Vietnam Sunergy Joint Stock                   54.46               54.35
 (f.k.a. Vietnam Sunergy Company          Company (f.k.a. Vietnam
 Limited).                                Sunergy Company Limited).
----------------------------------------------------------------------------------------------------------------
                           Vietnam-Wide Entity                                      * 271.28              271.28
----------------------------------------------------------------------------------------------------------------
* This rate is based on facts available with adverse inferences.

Suspension of Liquidation
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    \10\ We 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.
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    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 weighted-average 
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 Vietnam-wide 
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 weighted-average 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 non-selected 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

[[Page 96221]]

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\
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    \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 19 351.309(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, 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 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.
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    \15\ See 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.
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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

[[Page 96222]]

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 this 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.
    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 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 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

[[Page 96223]]

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.
    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 built-in 
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
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