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[Federal Register Volume 89, Number 233 (Wednesday, December 4, 2024)]
[Notices]
[Pages 96207-96211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28401]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-830]

Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From Malaysia: Affirmative Preliminary 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 crystalline silicon photovoltaic cells, whether or not 
assembled into modules (solar cells) from Malaysia are being, or are 
likely to be, sold in the United States at less than fair value (LTFV). 
The period of investigation (POI) is April 1, 2023, through March 31, 
2024. Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable December 4, 2024.

FOR FURTHER INFORMATION CONTACT: Patrick Barton or Elizabeth Talbot 
Russ, 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) 482-0012 
or (202) 482-5516 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

[[Page 96208]]

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 Malaysia,'' 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 
Malaysia. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

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

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Constructed export prices have been calculated 
in accordance with section 772(b) of the Act. Normal value is 
calculated in accordance with section 773 of the Act. In addition, 
pursuant to section 776(a) and (b) of the Act, Commerce has 
preliminarily relied upon facts otherwise available, with adverse 
inferences, for Baojia New Energy Manufacturing Sdn., CRC Solar Cell 
Joint Stock Company, Lynter Enterprise, and Mega PP Sdn. Bhd. For a 
full description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

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 
weighted-average dumping margin, i.e., all-others rate, for all 
exporters and producers not individually examined. This rate shall be 
an amount equal to the weighted average of the estimated weighted-
average dumping margins established for exporters and producers 
individually investigated, excluding any zero and de minimis margins, 
and any margins determined entirely under section 776 of the Act.
    In this investigation, Commerce preliminarily calculated a zero 
rate for Hanwha Q Cells Malaysia Sdn. Bhd (Hanwha Q Cells). Therefore, 
the only rate that is not zero, de minimis, or based entirely on facts 
otherwise available is the rate calculated for Jinko Solar Technology 
Sdn. Bhd. (Jinko Solar). Consequently, the rate calculated for Jinko 
Solar is also assigned as the rate for all other producers and 
exporters.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:
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    \8\ See Memorandum, ``Countervailing Duty Investigation of 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules, from Malaysia: Preliminary Determination Calculations 
for Hanwha Q Cells Malaysia Sdn. Bhd.,'' dated September 30, 2024.
    \9\ See Memorandum, ``Countervailing Duty Investigation of 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules, from Malaysia: Amended Preliminary Determination 
Calculations for Jinko Solar Technology Sdn. Bhd.,'' dated October 
31, 2024.

------------------------------------------------------------------------
                                                       Cash deposit rate
                                     Weighted-average     (adjusted for
         Exporter/producer            dumping margin        subsidy
                                        (percent)          offset(s))
                                                           (percent)
------------------------------------------------------------------------
Hanwha Q Cells Malaysia Sdn. Bhd..               0.00           \8\ 0.00
Jinko Solar Technology Sdn. Bhd...              21.31          \9\ 17.84
Baojia New Energy Manufacturing               * 81.24            * 81.24
 Sdn..............................
CRC Solar Cell Joint Stock Company            * 81.24            * 81.24
Lynter Enterprise.................            * 81.24            * 81.24
Mega PP Sdn. Bhd..................            * 81.24            * 81.24
All Others........................              21.31              17.84
------------------------------------------------------------------------
* Rates based on facts available with adverse inferences.

[[Page 96209]]

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, except as noted 
below for Hanwha Q Cells. 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) the cash deposit rate 
for the respondents listed above will be equal to the company-specific 
estimated weighted-average dumping margins determined in this 
preliminary determination; (2) if the exporter is not a respondent 
identified above, but the producer is, then the cash deposit rate will 
be equal to the company-specific estimated weighted-average dumping 
margin established for that producer of the subject merchandise; and 
(3) the cash deposit rate for all other producers and exporters will be 
equal to the all-others estimated weighted-average dumping margin.
    Commerce normally adjusts cash deposits for estimated antidumping 
duties by the amount of export subsidies countervailed in a companion 
countervailing duty (CVD) proceeding. 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.
    Because the estimated weighted-average dumping margin for Hanwha Q 
Cells is zero, entries of subject merchandise produced and exported by 
Hanwha Q Cells will not be subject to suspension of liquidation or cash 
deposit requirements. In such situations, Commerce applies the 
exclusion to the provisional measures to the producer/exporter 
combination that was examined in the investigation. Accordingly, 
Commerce is directing CBP not to suspend the liquidation of entries of 
subject merchandise that was exported and produced by Hanwha Q Cells. 
Entries of shipments of subject merchandise from this company in any 
other producer/exporter combination, or by third parties that sourced 
subject merchandise from the excluded producer/exporter combination, 
are subject to the provisional measures at the all-others rate.
    Should the final estimated weighted-average dumping margin be zero 
or de minimis for the producer/exporter combination identified above, 
entries of shipments of subject merchandise from this producer/exporter 
combination will be excluded from the potential antidumping duty order. 
Such exclusions are not applicable to merchandise exported to the 
United States by this respondent in any other producer/exporter 
combination or by third parties that sourced subject merchandise from 
the excluded producer/exporter combination.

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 or do not satisfy the significance 
standard under 19 CFR 351.224(g) following the preliminary 
determination. Instead, Commerce will address such allegations in the 
final determination if the ministerial error allegation is included 
with issues raised in the case briefs or other written comments.

Verification

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

Public Comment

    All interested parties will have the opportunity to submit scope 
case and rebuttal briefs, to allow interested parties to comment on our 
preliminary scope decision at that time. For all scope case and 
rebuttal briefs, parties must file identical documents simultaneously 
on the records of the ongoing LTFV and CVD investigations of solar 
cells from Cambodia, Malaysia, the Socialist Republic of Vietnam, and 
Thailand. No new factual information or business proprietary 
information may be included in either scope case or rebuttal briefs.
    Case briefs or other written comments regarding non-scope issues 
may be submitted to the Assistant Secretary for Enforcement and 
Compliance no later than seven days after the date on which the last 
verification report is issued in this investigation.\10\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed not 
later than five days after the date for filing case briefs.\11\ 
Interested parties who submit case briefs or rebuttal briefs in this 
proceeding must submit: (1) a table of contents listing each issue; and 
(2) a table of authorities.\12\
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    \10\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for 
general filing requirements).
    \11\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this investigation, we instead request 
that interested parties provide at the beginning of their briefs a 
public, executive summary for each issue raised in their briefs.\13\ 
Further, we request that interested parties limit their public 
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

[[Page 96210]]

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 8, 2024, pursuant to 19 CFR 351.210(e), Jinko Solar 
requested that Commerce postpone the final determination and that 
provisional measures be extended to a period not to exceed six 
months.\15\ In accordance with section 735(a)(2)(A) of the Act and 19 
CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination.
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    \15\ See Jinko Solar'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 these investigations 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.
    These investigations cover crystalline silicon photovoltaic 
cells of thickness equal to or greater than 20 micrometers, having a 
p/n junction formed by any means, whether or not the cell has 
undergone other processing, including, but not limited to, cleaning, 
etching, coating, and/or addition of materials (including, but not 
limited to, metallization and conductor patterns) to collect and 
forward the electricity that is generated by the cell.
    Merchandise under consideration may be described at the time of 
importation as parts for final finished products that are assembled 
after importation, including, but not limited to, modules, 
laminates, panels, building-integrated modules, building-integrated 
panels, or other finished goods kits. Such parts that otherwise meet 
the definition of merchandise under consideration are included in 
the scope of the investigations.
    Excluded from the scope of the investigations 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 investigations 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 investigations 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 investigations 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 investigations: 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 these investigations 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

[[Page 96211]]

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 these investigations 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 investigations 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 investigations 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 investigations 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 these investigations are off-
grid CSPV panels in rigid form, with or without a glass cover, 
permanently attached to an aluminum extrusion that is an integral 
component of an automation device that controls natural light, 
whether or not assembled into a fully completed automation device 
that controls natural light, with the following characteristics:

1. a total power output of 20 watts or less per panel;
2. a maximum surface area of 1,000 cm\2\ per panel;
3. does not include a built-in inverter for powering third party 
devices

    Modules, laminates, and panels produced in a third-country from 
cells produced in a subject country are covered by the 
investigations; however, modules, laminates, and panels produced in 
a subject country from cells produced in a third-country are not 
covered by the investigations.
    Also excluded from the scope of these investigations 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 investigations 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. Affiliation and Single Entity Analysis
V. Application of Facts Available and Use of Adverse Inference
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Adjustments to Cash Deposit Rates for Export Subsidies in the 
Companion Countervailing Duty Investigation
IX. Recommendation

[FR Doc. 2024-28401 Filed 12-3-24; 8:45 am]
BILLING CODE 3510-DS-P
```