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[Federal Register Volume 90, Number 4 (Tuesday, January 7, 2025)]
[Notices]
[Pages 1191-1194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00001]

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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-722-725 and 731-TA-1690-1693 (Final)]

Crystalline Silicon Photovoltaic Products (Solar Panels) From 
Cambodia, Malaysia, Thailand, and Vietnam; Scheduling of the Final 
Phase of Countervailing Duty and Antidumping Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-722-725 and 731-TA-1690-1693 (Final) pursuant to the Tariff Act 
of 1930 (``the Act'') to determine whether an industry in the United 
States is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of crystalline silicon photovoltaic 
products (solar panels) from Cambodia, Malaysia, Thailand, and Vietnam, 
provided for in statistical reporting numbers 8541.42.0010 and 
8541.43.0010 of the Harmonized Tariff Schedule of the United States. 
Crystalline silicon photovoltaic cells, whether or not assemabled into 
modules, may also be imported under subheadings 8501.71, 8501.72, and 
8501.80 and statistical reporting number 8507.20.8010, preliminarily 
determined by the Department of Commerce (``Commerce'') to be 
subsidized and sold at less-than-fair-value.

DATES: December 4, 2024.

FOR FURTHER INFORMATION CONTACT: Julie Duffy ((202) 708-2579), Office 
of Investigations, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.--For purposes of these investigations, Commerce has defined 
the subject merchandise as ``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, 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 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

[[Page 1192]]

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 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 Schedule of the United States (HTSUS) under 
subheadings 8541.42.0010 and 8541.43.0010. Imports of the subject

[[Page 1193]]

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.
    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by Commerce that certain benefits which 
constitute subsidies within the meaning of Sec.  703 of the Act (19 
U.S.C. 1671b) are being provided to manufacturers, producers, or 
exporters in Cambodia, Malaysia, Thailand, and Vietnam of crystalline 
silicon photovoltaic products (solar panels), and that such products 
are being sold in the United States at less than fair value within the 
meaning of Sec.  733 of the Act (19 U.S.C. 1673b). The investigations 
were requested in petitions filed on on April 24, 2024, by the American 
Alliance for Solar Manufacturing Trade Committee.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Please note the Secretary's Office will accept only electronic 
filings during this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov). 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on April 1, 
2025, and a public version will be issued thereafter, pursuant to Sec.  
207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on Tuesday, 
April 15, 2025. Requests to appear at the hearing should be filed in 
writing with the Secretary to the Commission on or before Wednesday, 
April 9, 2025. Any requests to appear as a witness via videoconference 
must be included with your request to appear. Requests to appear via 
videoconference must include a statement explaining why the witness 
cannot appear in person; the Chairman, or other person designated to 
conduct the investigation, may in their discretion for good cause 
shown, grant such a request. Requests to appear as remote witness due 
to illness or a positive COVID-19 test result may be submitted by 3pm 
the business day prior to the hearing. Further information about 
participation in the hearing will be posted on the Commission's website 
at https://www.usitc.gov/calendarpad/calendar.html.
    A nonparty who has testimony that may aid the Commission's 
deliberations may request permission to present a short statement at 
the hearing. All parties and nonparties desiring to appear at the 
hearing and make oral presentations should attend a prehearing 
conference, if deemed necessary, to be held at 9:30 a.m. on Friday, 
April 11, 2025. Parties shall file and serve written testimony and 
presentation slides in connection with their presentation at the 
hearing by no later than noon on Monday, April 14, 2025. Oral testimony 
and written materials to be submitted at the public hearing are 
governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the 
Commission's rules. Parties must submit any request to present a 
portion of their hearing testimony in camera no later than 7 business 
days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec.  207.23 of the Commission's rules; 
the deadline for filing is April 8, 2025. Parties shall also file 
written testimony in connection with their presentation at the hearing, 
and posthearing briefs, which must conform with the provisions of Sec.  
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is April 22, 2025. In addition, any person who has not entered 
an appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before April 22, 2025. On May 13, 2025, the Commission 
will make available to parties all information on which they have not 
had an opportunity to comment. Parties may submit final comments on 
this information on or before May 15, 2025, but such final comments 
must not contain new factual information and must otherwise comply with 
Sec.  207.30 of the Commission's rules. All written submissions must 
conform with the provisions of Sec.  201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of Sec. Sec.  201.6, 207.3, and 207.7 of the Commission's 
rules. The Commission's Handbook on Filing Procedures, available on the 
Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's 
procedures with respect to filings.
    Additional written submissions to the Commission, including 
requests pursuant to Sec.  201.12 of the Commission's rules, shall not 
be accepted unless good cause is shown for accepting such submissions, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the

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investigations must be served on all other parties to the 
investigations (as identified by either the public or BPI service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.
    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.

    Issued: December 20, 2024.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2025-00001 Filed 1-6-25; 8:45 am]
BILLING CODE 7020-02-P
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