96214 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Notices 

1See Initiation of Five-Year (Sunset) Reviews, 89 

FR 62717 (August 1, 2024). 

2See Fresh Tomatoes From Mexico: Suspension 

of Antidumping Duty Investigation, 84 FR 49987 

(September 24, 2019) (2019 Agreement). 

3See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Results of the Expedited 

Fifth Sunset Review of the Suspended Investigation 

of Fresh Tomatoes from Mexico,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Issues and Decision Memorandum). 

investigation on fresh tomatoes from 

Mexico, pursuant to section 751(c) of 

the Tariff Act of 1930, as amended (the 

Act).1 Commerce received notices of 

intent to participate in this sunset 

review from the Florida Tomato 

Exchange (FTE) on August 15, 2024, and 

from NS Brands, Ltd. and NatureSweet 

Invernaderos S. de R.L. de C.V./ 

NatureSweet Comercializadora, S. de 

R.L. de C.V. (collectively, NatureSweet) 

on August 16, 2024, within the 

applicable deadline specified in section 

351.218(d)(1)(i) of Commerce’s 

regulations. 

Commerce received an adequate 

substantive response from FTE within 

the 30-day deadline specified in 

Commerce’s regulations under section 

351.218(d)(3)(i). In its submission, FTE 

claimed interested party status under 

section 771(9)(E) of the Act as a trade or 

business association a majority of whose 

members manufacture, produce, or 

wholesale a domestic like product in the 

United States. NatureSweet also filed a 

response in which it claimed interested 

party status under sections 771(9)(C) 

and 771(9)(A) of the Act, i.e., both as a 

domestic and foreign producer of 

subject merchandise, respectively; 

however, the response did not meet the 

requirements of 19 CFR 

351.218(d)(3)(iii) and 351.218(e)(1)(ii). 

Thus, Commerce did not receive an 

adequate substantive response from any 

respondent interested party. As a result, 

Commerce conducted an expedited 

(120-day) sunset review, in accordance 

with 19 CFR 351.218(e)(1)(ii)(C)(2). 

Scope of the Suspension Agreement 2

The merchandise subject to the 

suspension agreement is all fresh or 

chilled tomatoes (fresh tomatoes) which 

have Mexico as their origin, except for 

those tomatoes which are for processing. 

For purposes of this suspension 

agreement, processing is defined to 

include preserving by any commercial 

process, such as canning, dehydrating, 

drying, or the addition of chemical 

substances, or converting the tomato 

product into juices, sauces, or purees. In 

Appendix F of this 2019 Agreement, 

Commerce has outlined the procedure 

that Signatories must follow for selling 

subject merchandise for processing. 

Fresh tomatoes that are imported for 

cutting up, not further processing (e.g., 

tomatoes used in the preparation of 

fresh salsa or salad bars), are covered by 

this suspension agreement. 

Commercially grown tomatoes, both 

for the fresh market and for processing, 

are classified as Lycopersicon 

esculentum. Important commercial 

varieties of fresh tomatoes include 

common round, cherry, grape, plum, 

greenhouse, and pear tomatoes, all of 

which are covered by this suspension 

agreement. Tomatoes imported from 

Mexico covered by this suspension 

agreement are classified under the 

following subheading of the 

Harmonized Tariff Schedules of the 

United States (HTSUS), according to the 

season of importation: 0702. Although 

this HTSUS number is provided for 

convenience and customs purposes, the 

written description of the scope of this 

Agreement is dispositive. 

A full description of the scope of the 

2019 Agreement is also contained in the 

Issues and Decision Memorandum.3

Analysis of Comments Received 

All issues raised in this sunset review, 

including the likelihood of continuation 

or recurrence of dumping and the 

magnitude of the margin of dumping 

likely to prevail if the 2019 Agreement 

is terminated, are addressed in the 

Issues and Decision Memorandum. A 

list of topics included in the Issues and 

Decision Memorandum is included in 

the appendix to this notice. The Issues 

and 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. A list of topics 

discussed in the Issues and Decision 

Memorandum is included as an 

appendix to this notice. A complete 

version of the Issues and Decision 

Memorandum can be accessed directly 

at https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Final Results of Review 

Pursuant to section 752(c) of the Act, 

we determine that the termination of the 

2019 Agreement would likely lead to 

continuation or recurrence of dumping 

at weighted-average margins up to 30.48 

percent. 

Administrative Protective Order (APO) 

This notice also serves as the only 

reminder to parties subject to an APO of 

their responsibility concerning the 

return or destruction of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305. 

Timely notification of the return or 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a violation which is subject to 

sanction. 

Notification to Interested Parties 

Commerce is issuing and publishing 

these final results and notice in 

accordance with sections 751(c), 752(c), 

and 777(i)(1) of the Act, and 19 CFR 

351.218(e)(1)(ii)(C)(2) and 

351.221(c)(5)(ii). 

Dated: November 27, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Suspension Agreement 

IV. History of the Proceeding 

V. Legal Framework 

VI. Discussion of the Issues 

1. Likelihood of Continuation or 

Recurrence of Dumping 

2. Magnitude of the Margin Likely To 

Prevail 

VII. Recommendation 

[FR Doc. 2024–28396 Filed 12–3–24; 8:45 am] 

BILLING CODE 3510–DS–P 

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 lessthan-fair-value (LTFV). The period of 

investigation (POI) is April 1, 2023, 

through March 31, 2024. Interested 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Notices 96215 

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 Thailand,’’ 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). 

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 Preliminary Decision Memorandum at 

‘‘Application of Facts Available and Use of Adverse 

Inferences.’’ 

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

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 

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 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. 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 weightedaverage 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

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated weightedaverage dumping margins exist: 


ddrumheller on DSK120RN23PROD with NOTICES1
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9 Id. at 25. 

10See 19 CFR 351.309(c)(1)(i); see also 19 CFR 

351.303 (for general filing requirements). 

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 CFR 351.309(c)(2) and (d)(2). 

Exporter/producer 

Weighted-average 

dumping margin 

(percent) 

Cash deposit rate 

(adjusted for 

subsidy offset(s)) 

(percent) 

Trina Solar Science & Technology (Thailand) Ltd .................................................................................... 77.85 N/A 

Sunshine Electrical Energy ........................................................................................................................ * 154.68 N/A 

Taihua New Energy (Thailand) Co. Ltd ..................................................................................................... * 154.68 N/A 

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 allothers rate, as follows: (1) The cash 

deposit rate for the respondents listed 

above will be equal to the companyspecific 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 weightedaverage 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

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

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, 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Notices 96217 

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 TTL’s Letter, ‘‘Request to Extend the 

Deadline for the Final Determination,’’ dated 

November 15, 2024. 

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 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. 

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, 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 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 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. 


ddrumheller on DSK120RN23PROD with NOTICES1
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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 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 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 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 

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 

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 

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 

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 

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 


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