39426 Federal Register / Vol. 87, No. 126 / Friday, July 1, 2022 / Proposed Rules 

1Section 318(a) of the Act (19 U.S.C. 1318(a)) 

gives the Secretary of the Treasury authority, on a 

temporary basis, to take certain actions to respond 

immediately where the President declares the 

existence of an emergency. This authority, insofar 

as it encompasses antidumping and countervailing 

duties, was delegated to the Secretary of Commerce 

in 1979, to be exercised in consultation with the 

Secretary of Treasury. Section 5(a)(1)(e) of the 

Reorg. Plan No. 3 of 1979. Consistent with the 

Reorganization Plan, we have consulted with the 

Department of Treasury. Consistent with the 

Proclamation, we have consulted with the 

Department of Homeland Security. 

5. The question of whether the 

weather is getting worse is a red herring. 

The much more relevant question is 

whether current system operations and 

tariff and market design are adequate to 

maintain reliability. The present high 

risk of reliability failures proves that 

they are not. That the policies of the 

Commission and other government 

bodies are undermining reliability is far 

more obvious than the question of 

whether, and how, the weather is 

getting worse and what specific effects 

that worsening weather might have on 

the stability of the electric system. That 

question of the weather’s effect on 

reliability is a subject that doubtless 

merits study and planning, but 

misguided government policies are the 

root cause of the alarming reliability 

issues facing the nation, not the 

weather. 

For these reasons, I respectfully 

concur. 

lllllllllllllllllllll

James P. Danly, 

Commissioner. 

[FR Doc. 2022–13469 Filed 6–30–22; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

19 CFR Part 362 

[Docket No. 220629–0144] 

RIN 0625–AB21 

Procedures Covering Suspension of 

Liquidation, Duties and Estimated 

Duties in Accord With Presidential 

Proclamation 10414 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: On June 6, 2022, the President 

signed Presidential Proclamation 10414 

(Proclamation). The Proclamation 

declares an emergency to exist and 

states that immediate action is needed 

to ensure access to a sufficient supply 

of solar cells and modules to assist in 

meeting the United States’ electricity 

generation needs. Accordingly, the 

Proclamation authorizes the Secretary of 

Commerce (Secretary) to exercise 

authority under section 318(a) of the 

Tariff Act of 1930, as amended (the Act), 

to extend during the course of such 

emergency the time to perform any act. 

The Proclamation also authorizes the 

Secretary to allow the importation of 

certain solar cells and modules from 

certain Southeast Asian countries free of 

the collection of duties and estimated 

duties under the antidumping and 

countervailing duty laws until 24 

months after the date of the 

Proclamation, or until the emergency is 

declared terminated, whichever occurs 

first. In accordance with the 

Proclamation and the authority granted 

to the Department of Commerce 

(Commerce), Commerce is issuing a 

proposed rule to postpone and waive 

the application of certain regulations, if 

otherwise applicable, to solar cells and 

modules, exported from the identified 

Southeast Asian countries, that are 

subject to certain circumvention 

inquiries currently before Commerce. 

This proposed rule would provide that, 

in the event of an affirmative 

preliminary or final determination in 

the circumvention inquiries, Commerce 

would not instruct U.S. Customs and 

Border Protection (CBP) to suspend 

liquidation of entries of these cells and 

modules, collect cash deposits on those 

entries, or apply antidumping or 

countervailing duties to those entries, so 

long as the entries of the cells or 

modules were entered, or withdrawn 

from warehouse, for consumption before 

June 6, 2024 or before the date the 

emergency has terminated, whichever 

occurs first (in either case, the Date of 

Termination). 

DATES: Written comments must be 

received by August 1, 2022. 

ADDRESSES: Submit comments through 

the Federal eRulemaking Portal at 

http://www.Regulations.gov, Docket No. 

ITA–2022–0006. Comments may also be 

submitted by mail or hand delivery/ 

courier, addressed to Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance, Room 1870, Department of 

Commerce, 1401 Constitution Ave. NW, 

Washington, DC 20230. 

Commerce will consider all comments 

received before the close of the 

comment period. All comments 

responding to this document will be a 

matter of public record and will 

generally be available on the Federal 

eRulemaking Portal at http://

www.Regulations.gov. Commerce will 

not accept comments accompanied by a 

request that part or all of the material be 

treated confidentially because of its 

business proprietary nature or for any 

other reason. Therefore, do not submit 

confidential business information or 

otherwise sensitive or protected 

information. 

Any questions concerning the process 

for submitting comments should be 

submitted to Enforcement & Compliance 

(E&C) Communications office at (202) 

482–0063 or ECCOMMS@trade.gov. 

FOR FURTHER INFORMATION CONTACT: 

Dana Moreland, Enforcement & 

Compliance (E&C) Communications 

office at (202) 482–0063 or ECCOMMS@

trade.gov. 

SUPPLEMENTARY INFORMATION: 

Presidential Proclamation 10414 

On June 6, 2022, President Joseph R. 

Biden signed Proclamation 10414, 

‘‘Declaration of Emergency and 

Authorization for Temporary Extensions 

of Time and Duty-Free Importation of 

Solar Cells and Modules from Southeast 

Asia’’ (87 FR 35067) (the Proclamation). 

As part of the Proclamation, the 

President declared an emergency to 

exist for purposes of section 318(a) of 

the Act (19 U.S.C. 1318(a)) and made 

that section’s authority available to the 

Secretary according to the section’s 

terms. The Proclamation directs the 

Secretary to ‘‘consider taking 

appropriate action under section 1318(a) 

of title 19, United States Code, to 

permit, until 24 months after the date of 

this proclamation or until the 

emergency declared herein has 

terminated, whichever occurs first, 

under such regulations and under such 

conditions as the Secretary may 

prescribe, the importation, free of the 

collection of duties and estimated 

duties, if applicable, under sections’’ 

701, 731, 751 and 781 of the Act (19 

U.S.C. 1671, 1673, 1675, 1677j) with 

respect to certain solar cells and 

modules exported from the Kingdom of 

Cambodia (Cambodia), Malaysia, the 

Kingdom of Thailand (Thailand), and 

the Socialist Republic of Vietnam 

(Vietnam), and that are not already 

subject to an antidumping or 

countervailing duty order as of the date 

of the Proclamation. Further, the 

Proclamation directs the Secretary to 

consider taking action to ‘‘temporarily 

extend during the course of the 

emergency the time therein prescribed 

for the performance of any act related to 

such imports.’’ 1

As the Proclamation states, electricity 

is an essential part of modern life that 

powers homes, business, and industry. 

It is critical to the function of hospitals, 

schools, public transportation, and the 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 126 / Friday, July 1, 2022 / Proposed Rules 39427 

2See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into Modules, From the 

People’s Republic of China: Initiation of 

Circumvention Inquiry on the Antidumping Duty 

and Countervailing Duty Orders, 87 FR 19071 

(April 1, 2022) (Circumvention Inquiries Initiation). 

3Southeast Asian-Completed Cells and Modules 

(SA-Completed Cells and Modules) are the products 

subject to certain circumvention inquiries currently 

before Commerce. See Circumvention Inquiries 

Initiation, 87 FR at 19071. Specifically, SACompleted Cells and Modules are crystalline silicon 

photovoltaic cells, whether or not assembled into 

modules (solar cells and modules), which are 

completed in Cambodia, Malaysia, Thailand, or 

Vietnam using certain parts and components from 

China, and subsequently exported from Cambodia, 

Malaysia, Thailand or Vietnam to the United States. 

In addition to SA-Completed Cells and Modules, 

there may be other cells and modules using Chinese 

solar cells completed in and exported from those 

four countries and already subject to certain 

antidumping and countervailing duty orders 

covering Chinese merchandise because, for 

purposes of those orders, they are considered to be 

of Chinese origin. See 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); 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) (collectively, Chinese Solar Orders). There 

likewise may be cells and modules completed in 

Cambodia, Malaysia, Thailand, and Vietnam using 

Taiwanese solar cells that are already subject to a 

certain antidumping duty order covering Taiwanese 

merchandise because, for purpose of that order, 

they are considered to be of Taiwanese origin. See 

Certain Crystalline Silicon Photovoltaic Products 

from Taiwan: Antidumping Duty Order, 80 FR 8596 

(February 18, 2015) (this Taiwan solar order, along 

with the Chinese Solar Orders are herein 

collectively referred to as, Certain Solar Orders). 

Such cells and modules are not considered SACompleted Cells and Modules for purposes of this 

proposed rule. 

defense industrial base. It is key to the 

country’s infrastructure, as well as to 

national security and defense. A robust 

and reliable electric power system is 

therefore a basic human necessity—vital 

to the function and sustainability of 

major sectors of the economy. 

Currently, the United States is faced 

with threats to its ability to generate 

sufficient electricity, including energy 

market disruptions caused by Russia’s 

invasion of Ukraine and extreme 

weather events exacerbated by climate 

change. For example, in parts of the 

country, drought conditions coupled 

with heatwaves are simultaneously 

causing projected electricity supply 

shortfalls and record electricity demand. 

Utilities and grid operators must engage 

in planning at this time to build 

adequate capacity to address expected 

demand, including in the face of these 

threats and others. 

Solar energy is among the fastestgrowing sources of new electric 

generation in the United States and is 

increasingly relied upon by utilities and 

grid operators to ensure sufficient 

resources and maintain reliable service. 

In fact, additions of solar capacity and 

batteries were expected to account for 

over half of new electric sector capacity 

in 2022 and 2023. 

The Proclamation states that ‘‘[i]n 

recent years, the vast majority of solar 

modules installed in the United States 

were imported, with those from 

Southeast Asia making up 

approximately three-quarters of 

imported modules in 2020.’’ Against 

this backdrop, the Proclamation states 

that U.S. entities have been unable to 

import solar modules recently in 

sufficient quantities to achieve energy 

goals. Across the country, solar projects 

are being postponed or canceled, and an 

insufficient supply of solar modules 

jeopardizes planned capacity additions, 

which in turn threatens the availability 

of sufficient electricity generation to 

meet customer demands. 

Moreover, electricity produced using 

solar energy is critical to reducing the 

United States’ dependence on electricity 

generated through burning fossil fuels, 

which drives climate change, a 

recognized threat to the United States’ 

national security. If U.S. entities cannot 

import sufficient quantities of solar 

materials for the foreseeable future, the 

United States will be unable to ensure 

sufficient electricity grid resources and 

meet climate and clean energy goals. 

In light of these concerns, the 

Proclamation seeks to ensure that the 

United States has access to a sufficient 

supply of certain solar cells and 

modules to help meet the nation’s 

electricity needs while efforts to expand 

domestic solar manufacturing capacity 

continue. 

This proposed rule is intended to 

provide relief from the emergency 

declared in, and in accordance with, the 

Proclamation. 

Existing Procedures for Suspension of 

Liquidation and Cash Deposits in 

Circumvention Inquiries 

Commerce’s regulations governing 

circumvention inquiries can be found at 

19 CFR 351.226. Section 351.226(l)(1) 

provides that, when Commerce 

publishes a notice of initiation of a 

circumvention inquiry, Commerce will 

notify CBP of the initiation and will 

direct CBP to continue to suspend 

liquidation of entries of products subject 

to the circumvention inquiry that were 

already subject to suspension of 

liquidation, and to apply the cash 

deposit rate that would be applicable if 

the product were determined to be 

covered by the scope of the order (i.e., 

estimated duties). Section 351.226(l)(2) 

provides that, if Commerce conducts the 

circumvention inquiry and 

subsequently issues an affirmative 

preliminary circumvention 

determination, Commerce will direct 

CBP to (i) continue suspension of 

liquidation of previously suspended 

entries and apply the applicable cash 

deposit rate; (ii) begin the suspension of 

liquidation of unliquidated entries not 

yet suspended that are entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of the notice of initiation of 

the inquiry, and require the collection of 

cash deposits of estimated duties for 

those entries; and (iii) potentially apply 

its affirmative determination to 

unliquidated entries entered, or 

withdrawn from warehouse, for 

consumption prior to the date of 

publication of the notice of initiation of 

the inquiry based on certain allegations 

and information. Section 351.226(l)(3) 

provides similar directions if Commerce 

subsequently issues an affirmative final 

circumvention determination. 

New Procedures in Accord With 

Presidential Proclamation 10414 

Commerce is currently conducting 

circumvention inquiries to determine 

whether imports of crystalline silicon 

photovoltaic cells, whether or not 

assembled into modules, which are 

completed in Cambodia, Malaysia, 

Thailand, or Vietnam using parts and 

components manufactured in the 

People’s Republic of China (China) and 

exported to the United States, are 

circumventing the antidumping and 

countervailing duty orders on solar cells 

and modules from China.2 To respond 

to the emergency declared in the 

Proclamation, and pursuant to the 

Proclamation and section 318(a) of the 

Act, in this proposed rule, Commerce 

would add Part 362 to extend the time 

for, and waive, the actions provided for 

in 19 CFR 351.226(l)(1), (2), and (3), if 

applicable, in the ongoing 

circumvention inquiries covering SACompleted Cells and Modules 3 that are 

not already subject to an antidumping or 

countervailing duty order as of June 6, 

2022 (the date the Proclamation was 

signed). Furthermore, this proposed rule 

provides that, in the event of an 

affirmative final determination of 

circumvention, no resulting 

antidumping or countervailing duties 

would be applied to SA-Completed 

Cells and Modules before the Date of 

Termination. 

As explained above, this proposed 

rule would apply only to SA-Completed 

Cells and Modules. This proposed rule 

would not apply to solar cells and 

modules that are manufactured and 

exported from China and are subject to 


khammond on DSKJM1Z7X2PROD with PROPOSALS
39428 Federal Register / Vol. 87, No. 126 / Friday, July 1, 2022 / Proposed Rules 

4Commerce has determined under the Chinese 

Solar Orders that the country-of-origin is 

determined by where the solar cell is manufactured. 

If solar cells from China are sent to Cambodia, 

Malaysia, Thailand and Vietnam, and then 

incorporated into solar modules and panels, the 

solar products incorporating such cells and 

exported from those four countries remain subject 

to the Chinese Solar Orders. 

the existing antidumping or 

countervailing duty orders on solar cells 

and modules from China (A–570–979; 

C–570–980). Nor would it apply to solar 

cells and modules that are exported 

from Cambodia, Malaysia, Thailand, 

and Vietnam that are already subject to 

the Chinese Solar Orders.4 In addition, 

this proposed rule would not apply to 

certain solar products that are 

manufactured and exported from 

Taiwan and are subject to the existing 

antidumping duty order on solar 

products from Taiwan (A–583–853), as 

well as certain solar products that are 

exported from Cambodia, Malaysia, 

Thailand, and Vietnam but are (already) 

subject to the order covering Taiwanese 

merchandise (i.e., the country of origin 

is considered Taiwan). 

Commerce would continue to use the 

certification requirements in place as an 

enforcement tool to monitor imports of 

solar cells and modules that are either 

Chinese or Taiwanese in origin and 

covered by the current antidumping and 

countervailing duty orders. Consistent 

with the Proclamation, the extension 

and waiver described in this proposed 

rule would apply only to entries of SACompleted Cells and Modules that were 

entered into the United States, or 

withdrawn from warehouse, for 

consumption before the Date of 

Termination. 

Under this proposed rule, the 

following would apply: 

(1) Where, in connection with 

initiation of the circumvention 

inquiries, pursuant to § 351.226(l)(1), 

Commerce has already directed CBP to 

continue suspension of liquidation of 

entries that were already subject to 

suspension and to collect cash deposits, 

Commerce would issue instructions to 

CBP to discontinue the suspension of 

liquidation and collection of cash 

deposits of estimated antidumping and 

countervailing duties for those entries 

on the basis of the circumvention 

inquiries. If, at the time Commerce 

issues instructions to CBP, the entries 

are suspended only for purposes of the 

circumvention inquiries, Commerce 

would direct CBP to liquidate those 

entries without regard to antidumping 

and countervailing duties and refund 

those cash deposits collected pursuant 

to the circumvention inquiries. 

(2) If, before the Date of Termination, 

Commerce issues an affirmative 

preliminary determination in a 

circumvention inquiry covering SACompleted Cells and Modules, 

Commerce would not, at that time, 

direct CBP to suspend liquidation and 

collect cash deposits of estimated 

antidumping and countervailing duties 

for entries of that merchandise entered, 

or withdrawn from warehouse, for 

consumption before, on, or after the date 

of initiation of that circumvention 

inquiry, notwithstanding § 351.226(l)(2). 

(3) If, before the Date of Termination, 

Commerce issues an affirmative final 

determination in a circumvention 

inquiry covering SA-Completed Cells 

and Modules, Commerce would not, at 

that time, direct CBP to suspend 

liquidation and collect cash deposits of 

estimated antidumping and 

countervailing duties for entries of that 

merchandise entered, or withdrawn 

from warehouse, for consumption 

before, on, or after the date of initiation 

of that circumvention inquiry and 

before the Date of Termination, 

notwithstanding § 351.226(l)(3). 

(4) If, before or after the Date of 

Termination, Commerce issues an 

affirmative final determination in a 

circumvention inquiry covering SACompleted Cells and Modules: 

a. Commerce would direct CBP to 

liquidate without regard to antidumping 

or countervailing duties entries of those 

SA-Completed Cells and Modules 

entered, or withdrawn from warehouse, 

for consumption before the Date of 

Termination if liquidation instructions 

were issued to CBP pursuant to a 

different segment of the proceeding in 

accordance with section 751 of the Act. 

b. Commerce would direct CBP to 

commence suspension of liquidation of 

the SA-Completed Cells and Modules, 

as applicable, and collect cash deposits 

of estimated antidumping and 

countervailing duties at the applicable 

rate only on SA-Completed Cells and 

Modules entered, or withdrawn from 

warehouse, for consumption, on or after 

the Date of Termination. 

Consistent with the authority granted 

by the Proclamation, Commerce notes 

that these proposed actions would 

ensure that duties or estimated duties 

would not be collected on entries of SACompleted Cells and Modules that 

entered the United States both before 

and after the signing of the 

Proclamation, so long as they enter, or 

are withdrawn from warehouse, for 

consumption, before the Date of 

Termination. This treatment of preProclamation entries is merited because 

the President has determined that an 

emergency exists that affects both 

current and potential future energy 

projects dependent on solar module 

imports. Consistent with the purpose of 

the Proclamation, entities that use SACompleted Cells and Modules should 

not be financially restricted from 

investing in near-term or future solar 

capacity additions because they had to 

pay cash deposits on merchandise that 

entered the United States just a few 

months, or even days, before the signing 

of the Proclamation. Indeed, there may 

be ongoing projects that would use some 

modules imported before the 

Proclamation’s signing and other 

modules imported afterwards. It would 

create market confusion and dissuade 

investment in future solar projects if 

this proposed rule were to treat such 

entries differently. An intent of the 

Proclamation is to help increase the 

supply of United States solar energy for 

electricity generation purposes, and the 

applicability of this proposed rule to 

imports of SA-Completed Cells and 

Modules that entered the United States 

both before and after the signing of the 

Proclamation furthers that goal. 

Furthermore, under section 781 of the 

Act and § 351.226, for the 

circumvention inquiries at issue, both 

the preliminary and final 

determinations will post-date the 

signing of the Proclamation. In the 

normal course under Commerce’s 

procedures, there would be no 

collection of duties or estimated duties 

until those actions take place. Indeed, 

for now, so long as they were not 

already suspended for other reasons, 

entries of SA-Completed Cells and 

Modules following the issuance of the 

Circumvention Inquiries Initiation are 

still not subject to suspension of 

liquidation and antidumping and 

countervailing duty cash deposit 

requirements. Under Commerce’s 

regulations and normal proceedings, a 

change to the status of those entries 

would occur only if Commerce made an 

affirmative finding in a preliminary or 

final circumvention determination. 

Accordingly, in keeping with 

Commerce’s equal treatment of 

merchandise covered by a 

circumvention inquiry, if Commerce 

makes a determination or 

determinations of circumvention after 

the signing of the Proclamation, then the 

postponement of these actions should 

be consistent across all entries of SACompleted Cells and Modules, as long 

as those entries are before the Date of 

Termination. To do otherwise would be 

inconsistent with both the purpose of 

the Proclamation and the normal 

application of circumvention 

determinations to entries that precede a 

preliminary or final circumvention 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 126 / Friday, July 1, 2022 / Proposed Rules 39429 

5The implementation of this proposed rule in no 

way would affect CBP’s ability to act pursuant to 

its own independent authorities, including its 

ability to determine if the declared country of origin 

of merchandise upon importation has been 

misidentified and suspend liquidation and collect 

deposits of estimated AD/CVD duties on entries 

subject to the Certain Solar Orders. 

6CBP will only cease suspension of liquidation 

and collection of cash deposits for entries on the 

basis of the circumvention inquiries. If the entries 

at issue continue to be suspended on another basis 

at the time Commerce issues its instructions to CBP, 

no liquidation or refunding of cash deposits will 

occur. 

determination under 19 CFR 351.226(l). 

Merchandise that is otherwise 

considered the same under Commerce’s 

circumvention laws and regulations is 

treated the same. 

Commerce is invoking all authorities 

provided for in the Proclamation, 

pursuant to section 318(a) of the Act, as 

well as Commerce’s authority to issue 

regulations under section 781 of the Act 

(19 U.S.C. 1677j), to take these proposed 

steps to respond to the emergency 

declared in the Proclamation. Section 

351.226(l) governs when merchandise 

found to be circumventing an 

antidumping or countervailing duty 

order should be subject to suspension of 

liquidation and cash deposit 

requirements. Thus, in light of the 

emergency, Commerce is proposing to 

extend the time period established by 

regulation for Commerce to instruct CBP 

to begin suspension of liquidation and 

cash deposit requirements and the date 

on which suspension of liquidation and 

cash deposit requirements will begin, 

including for entries of SA-Completed 

Cells and Modules that Commerce 

previously instructed CBP to continue 

to suspend pursuant to the initiation of 

the circumvention inquiries.5

In addition, Commerce is proposing to 

permit, for the duration provided for in 

the Proclamation, the importation, free 

of the collection of antidumping or 

countervailing duties and estimated 

duties, if applicable, of SA-Completed 

Cells and Modules that are not already 

subject to an existing antidumping or 

countervailing duty order as of the date 

the Proclamation was signed, i.e., June 

6, 2022. Cash deposit requirements 

would not apply to SA-Completed Cells 

and Modules that were entered, or 

withdrawn from warehouse, for 

consumption before the Date of 

Termination. 

Finally, it should be noted that 

Commerce has determined that, 

although there is an emergency declared 

by the Proclamation, the existing 

regulations at 19 CFR part 358 

(‘‘Supplies for Use in Emergency Relief 

Work’’), which set out procedures for 

the duty-free importation of certain 

merchandise to be used in emergency 

relief work, would not apply to the solar 

cells and modules that are the subject of 

this proposed rule. This is because none 

of the merchandise addressed by the 

Proclamation was subject to an existing 

antidumping or countervailing duty 

order as of the date the Proclamation 

was signed. By its terms, part 358 

applies only to merchandise already 

subject to an antidumping or 

countervailing duty order. Instead, this 

proposed rule, rather than part 358, 

would temporarily govern the 

importation free of collection of certain 

duties and estimated duties, if 

applicable, for SA-Completed Cells and 

Modules, which were not subject to an 

existing antidumping or countervailing 

duty order as of the date the 

Proclamation was signed. Importers of 

merchandise subject to this proposed 

rule would not need to comply with the 

requirements of part 358, including the 

requirement for the submission of prior 

written requests. 

As set forth in the Proclamation and 

described in greater detail above, 

immediate action is needed. Drought 

conditions coupled with heatwaves are 

simultaneously causing projected 

electricity supply shortfalls and record 

electricity demand. The United States 

has been unable to import solar modules 

in sufficient quantities to achieve our 

climate and clean energy goals, help 

combat rising energy prices, and, most 

immediately, ensure electricity grid 

resource adequacy. As explained above, 

imports of solar modules from Southeast 

Asia account for approximately threequarters of all solar module imports, so 

it is vital that we address this issue. 

Roughly half of solar deployment that 

had been anticipated over the next year 

is currently in jeopardy, with solar 

projects being postponed or canceled. 

Therefore, with the President having 

proclaimed that immediate action is 

needed to ensure that the United States 

has access to a sufficient supply of solar 

cells and modules, as authorized in the 

Proclamation, Commerce would, if 

applicable, do the following: (1) issue 

instructions to CBP to cease suspending 

liquidation of entries already suspended 

pursuant to the circumvention inquiries 

at issue. If, at the time Commerce issues 

its instructions, the entries are 

suspended only for purposes of the 

circumvention inquiries, Commerce 

would direct CBP to liquidate those 

entries and refund any cash deposits 

thus far collected from those entries; 6

(2) in the event of an affirmative 

preliminary and/or final determination 

of circumvention, postpone instructing 

CBP to suspend liquidation and to 

collect cash deposits of estimated duties 

on entries of SA-Completed Cells and 

Modules; and (3) permit the importation 

of those SA-Completed Cells and 

Modules free of collection of 

antidumping and countervailing 

estimated duties and duties until the 

Date of Termination. Furthermore, (4) in 

the event of an affirmative final 

determination of circumvention, if 

Commerce subsequently issues 

instructions to CBP that cover certain 

SA-Completed Cells and Modules 

entered, or withdrawn from warehouse, 

for consumption before the Date of 

Termination, in accordance with section 

751 of the Act, Commerce would direct 

CBP to liquidate entries of that 

merchandise without regard to 

antidumping or countervailing duties. 

Commerce would continue to conduct 

the circumvention inquiries at issue 

under its normal procedures and, in the 

event of an affirmative final 

determination, would direct CBP to 

begin suspension of liquidation and 

require cash deposits for each 

unliquidated entry of SA-Completed 

Cells and Modules that is entered, or 

withdrawn from warehouse, for 

consumption on or after the Date of 

Termination. Taken together, these 

proposed actions would help ensure 

that the United States has a sufficient 

supply of solar cells and modules to 

assist in meeting our electricity 

generation needs while domestic solar 

manufacturing capacity continues to 

expand. This proposed rule therefore 

responds directly and appropriately to 

the emergency that is the subject of the 

Proclamation. 

In addition, if Commerce issues an 

affirmative final determination of 

circumvention, Commerce would 

instruct CBP to suspend liquidation and 

collect cash deposits on SA-Completed 

Cells and Modules that are entered, or 

are withdrawn from warehouse, for 

consumption on or after the Date of 

Termination. This proposed action 

would ensure that once this emergency 

has passed, suspension of liquidation 

and collection of cash deposits of 

antidumping and countervailing 

estimated duties and duties would be 

instituted and applied prospectively, to 

post-Date of Termination entries, as set 

forth by statute and regulation. 

Commerce is interested in hearing 

from the public concerning this 

proposed rule and will accept 

comments for 30 days after the date of 

publication of this proposed rule. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
39430 Federal Register / Vol. 87, No. 126 / Friday, July 1, 2022 / Proposed Rules 

7U.S. Energy Information Administration, Solar 

Power Will Account for Nearly Half of New U.S. 

Electric Generating Capacity in 2022 (Jan. 10, 2022), 

https://www.eia.gov/todayinenergy/ 

detail.php?id=50818. 

8U.S. Energy Information Administration, EIA 

Projects that Renewable Generation Will Supply 

44% of U.S. Electricity by 2050 (Mar. 18, 2022), 

https://www.eia.gov/todayinenergy/ 

detail.php?id=51698. 

9U.S. Department of Energy, Solar Futures Study 

(Sept. 2021), https://www.energy.gov/eere/solar/ 

solar-futures-study. 

Classification 

Executive Order 12866 

The Office of Management and Budget 

has determined that this proposed rule 

is economically significant for purposes 

of Executive Order 12866. 

Regulatory Impact 

The Proclamation explains that, in 

recent years, the vast majority of solar 

modules installed in the United States 

were imported, with approximately 

three-quarters of those imports in 2020 

coming from Southeast Asia. The 

Proclamation states, however, that 

recently the United States has been 

unable to import solar modules in 

sufficient quantities to ensure solar 

capacity additions necessary to ensure 

electricity grid resource adequacy. The 

supply constraints on solar modules and 

module components have put at risk 

near-term solar capacity additions that 

could otherwise have the potential to 

help ensure the sufficiency of electricity 

generation to meet customer demand, 

and solar projects across the country are 

being postponed or canceled. 

Furthermore, the Proclamation states 

that roughly half of the domestic 

deployment of solar modules 

anticipated over the next year is 

currently in jeopardy due to insufficient 

supply. Accordingly, Commerce is 

taking action pursuant to the 

Proclamation under section 318(a) of the 

Act. 

The Proclamation identifies certain 

threats to the ability of the United States 

to provide sufficient electricity 

generation to serve expected demand, 

declares an emergency to exist, and 

states that immediate action is needed 

to ensure access to a sufficient supply 

of solar modules to assist in meeting the 

United States’ electricity generation 

needs. This proposed regulatory action 

supports the Proclamation. Multiple 

government publications describe the 

expansive growth of the solar sector in 

the United States, the rapid pace of solar 

installations, and the critical role that 

this sector plays in meeting the Nation’s 

energy needs and addressing the climate 

crisis. 

For example, the U.S. Energy 

Information Administration (EIA) 

estimated in January 2022 that solar 

power would account for nearly half of 

new U.S. electric generating capacity for 

the year based on its expectation that 

U.S. utility-scale solar generating 

capacity would grow by 21.5 gigawatts 

in 2022.7 The EIA projects that the share 

of U.S. power generation from 

renewables will increase from 21% in 

2021 to 44% by 2050, and that solar will 

account for 51% of renewable energy 

generation.8

Additionally, in September 2021, the 

U.S. Department of Energy released the 

Solar Futures Study 9 detailing the 

significant role solar will play in 

decarbonizing the nation’s power grid. 

The study shows that, by 2035, solar 

energy has the potential to power 40% 

of the nation’s electricity, drive deep 

decarbonization of the grid, and employ 

as many as 1.5 million people—without 

raising electricity prices. Decarbonizing 

the entire energy system could result in 

as much as 3,000 GW of solar power by 

2050 due to increased electrification in 

the transportation, buildings, and 

industrial sectors. 

In taking the proposed actions 

described in this proposed rule, 

Commerce would act to respond to the 

emergency identified in the 

Proclamation. The proposed actions 

would remove uncertainty concerning 

potential antidumping and 

countervailing estimated duties or 

duties that might otherwise be owed on 

merchandise subject to the 

circumvention inquiries and entered 

before the Date of Termination. The 

uncertainty surrounding the potential 

antidumping and countervailing 

estimated duties or duties may be 

contributing to the circumstances 

surrounding the insufficient imports of 

modules from Southeast Asia. Given the 

strong interest in ensuring access to a 

sufficient supply of solar modules to 

assist in meeting the United States’ 

electricity generation needs, we would 

remove this source of market 

uncertainty in order to encourage 

sufficient imports of modules from these 

Southeast Asian countries until the Date 

of Termination and while domestic 

capacity expands. However, we lack 

data to quantify these effects, and we 

seek public comment on these impacts. 

While this proposed regulatory action 

might result in decreased totals of 

antidumping or countervailing duties 

collected, the quantification of any such 

decrease would be speculative. At the 

time of publication of this notice, 

Commerce is conducting circumvention 

inquiries involving certain cells and 

modules exported from the Southeast 

Asian countries of Cambodia, Malaysia, 

Thailand, and Vietnam. Commerce has 

not yet made any determinations 

regarding whether these cells and 

modules are circumventing existing 

antidumping and countervailing duty 

orders. Accordingly, whether 

antidumping or countervailing duties 

will apply to these cells and modules is 

unknown at the time of publication of 

this notice. Further, even if there is a 

final determination that circumvention 

is taking place, the total antidumping 

and countervailing duties that would be 

collected from any such imports cannot, 

at this time, be calculated with any 

degree of precision. 

Finally, this rule would provide for an 

exemption from the collection of cash 

deposits and duties, if applicable, on 

imports of certain SA-Completed Cells 

and Modules, and Commerce assesses 

that the affected importers would not 

need to take additional action to come 

into compliance with this rule were it 

to be put into effect. 

Regulatory Flexibility Act 

Pursuant to section 603 of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.), Commerce has prepared this 

Initial Regulatory Flexibility Analysis. A 

statement of the objectives of, and legal 

basis for, the proposed rule is provided 

earlier in this preamble and are not 

repeated here. 

This proposed rule is intended to 

temporarily encourage sufficient 

imports of solar cells and modules from 

these Southeast Asian countries in order 

to respond to the emergency declared in 

the Proclamation. It would be in effect 

for a limited time (24 months from the 

date of the Proclamation or until the 

emergency is terminated, whichever 

occurs first). The proposed rule would 

postpone and waive the application of 

certain regulations related to 

circumvention inquiries, if otherwise 

applicable, to certain SA-Completed 

Cells and Modules exported from the 

identified Southeast Asian countries. 

Additionally, it would permit the 

importation of those SA-Completed 

Cells and Modules free of collection of 

antidumping and countervailing 

estimated duties and duties. In doing so, 

it would directly affect importers of 

certain SA-Completed Cells and 

Modules exported from the identified 

Southeast Asian Countries. The number 

of importers that are classified as small 

entities is unknown. 

The proposed rule would provide a 

benefit to regulated entities, including 

small entities, by removing uncertainty 

concerning potential antidumping and 

countervailing estimated duties or 


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Federal Register / Vol. 87, No. 126 / Friday, July 1, 2022 / Proposed Rules 39431 

duties that might otherwise be owed on 

merchandise subject to the 

circumvention inquiries and entered 

before the Date of Termination. Were 

there to be a final determination in the 

inquiries involving certain cells and 

modules exported from the four 

Southeast Asian countries that 

circumvention is taking place, the rule 

could also potentially provide a benefit 

by allowing importers, including small 

entities, to receive an exemption from 

the collection of antidumping and 

countervailing cash deposits and duties, 

if applicable, on imports of certain SACompleted Cells and Modules. As a 

result, it would not place a substantial 

number of small entities who are 

importers, or any segment of these small 

entities, at a significant competitive 

disadvantage. But any benefit resulting 

from such an exemption would be 

entirely speculative at this point. As 

noted in the regulatory impact analysis 

above, Commerce has not yet made any 

determinations regarding whether these 

cells and modules are circumventing 

existing antidumping and 

countervailing duty orders. 

Accordingly, whether antidumping or 

countervailing duties will apply to these 

cells and modules, much less the value 

of those duties, is not currently known. 

The proposed rule has no projected 

reporting, recordkeeping and other 

compliance requirements and does not 

duplicate, overlap, or conflict with other 

Federal rules. 

Because the rule would not result in 

direct adverse impacts on small entities 

and because the benefits it would 

provide to importers, including those 

who are small entities, are not readily 

quantifiable (i.e., reducing uncertainty) 

or are merely speculative insofar as they 

depend on an unknown outcome of an 

ongoing inquiry, Commerce does not 

expect the proposed action to have a 

significant economic impact on a 

substantial number of small entities for 

the purposes of the Regulatory 

Flexibility Act. Therefore, Commerce 

believes there are no regulatory 

alternatives for reducing burdens on 

small entities. 

Commerce invites comments on this 

Initial Regulatory Flexibility Analysis, 

including information about the direct 

impact on small entities, including 

importers and members of other 

industries directly affected by this 

proposed rule. 

Paperwork Reduction Act 

This proposed rule contains no 

information collection subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects in 19 CFR Part 362 

Administrative practice and 

procedure, Antidumping duties, 

Countervailing duties, Emergency 

powers. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

■ For the reasons stated in the preamble, 

the Department of Commerce proposes 

to amend 19 CFR chapter III by adding 

part 362 as follows: 

PART 362—PROCEDURES COVERING 

SUSPENSION OF LIQUIDATION, 

DUTIES AND ESTIMATED DUTIES IN 

ACCORD WITH PRESIDENTIAL 

PROCLAMATION 10414 

Sec. 

362.101 Scope. 

362.102 Definitions. 

362.103 Actions. 

362.104 Certifications. 

Authority: Proc. 10414, 87 FR 35067; 19 

U.S.C. 1318. 

§ 362.101 Scope. 

This part sets forth the actions the 

Secretary is taking to respond to the 

emergency declared in Presidential 

Proclamation 10414. 

§ 362.102 Definitions. 

For purposes of this part: 

Act means the Tariff Act of 1930, as 

amended (19 U.S.C. 1202 et seq.). 

Applicable Entries means the entries 

of Southeast Asian-Completed Cells and 

Modules subject to the Solar 

Circumvention Inquiries that are 

entered into the United States, or 

withdrawn from warehouse, for 

consumption, before the Date of 

Termination. 

CBP means United States Customs 

and Border Protection of the United 

States Department of Homeland 

Security. 

Certain Solar Orders means 

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; Crystalline 

Silicon Photovoltaic Cells, Whether or 

Not Assembled Into Modules, from the 

People’s Republic of China: 

Countervailing Duty Order; and Certain 

Crystalline Silicon Photovoltaic 

Products from Taiwan: Antidumping 

Duty Order. 

Date of Termination means June 6, 

2024 or the date the emergency 

described in Presidential Proclamation 

10414 has been terminated, whichever 

occurs first. 

Secretary means the Secretary of 

Commerce or a designee. 

Solar Circumvention Inquiries means 

some or all of the inquiries at issue in 

Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into 

Modules, From the People’s Republic of 

China: Initiation of Circumvention 

Inquiry on the Antidumping Duty and 

Countervailing Duty Orders. 

Southeast Asian-Completed Cells and 

Modules means crystalline silicon 

photovoltaic cells, whether or not 

assembled into modules (solar cells and 

modules), which are completed in the 

Kingdom of Cambodia, Malaysia, the 

Kingdom of Thailand, or the Socialist 

Republic of Vietnam using parts and 

components manufactured in the 

People’s Republic of China, and 

subsequently exported from Cambodia, 

Malaysia, Thailand or Vietnam to the 

United States. Southeast AsianCompleted Cells and Modules does not 

mean solar cells and modules that, on 

June 6, 2022, the date Proclamation 

10414 was signed, were already subject 

to Certain Solar Orders. 

§ 362.103 Actions Being Taken Pursuant 

to Presidential Proclamation 10414 and 

Section 318(a) of the Act. 

(a) Importation of applicable entries 

free of duties. The Secretary will permit 

the importation of Applicable Entries 

free of the collection of antidumping 

and countervailing estimated duties 

under sections 701, 731, 751 and 781 of 

the Act until the Date of Termination. 

Part 358 of this chapter shall not apply 

to these imports. 

(b) Suspension of liquidation and 

collection of cash deposits. (1) To 

facilitate the importation of Southeast 

Asian-Completed Cells and Modules 

without regard to estimated 

antidumping and countervailing duties, 

notwithstanding § 351.226(l) of this 

chapter, Commerce shall do the 

following with respect to estimated 

duties: 

(i) Where, based on initiation of the 

Solar Circumvention Inquiries, 

Commerce previously instructed CBP to 

continue to suspend liquidation of 

entries of Southeast Asian-Completed 

Cells and Modules that were already 

subject to suspension and to continue to 

collect cash deposits of estimated 

duties, the Secretary will instruct CBP 

to discontinue such suspension of 

liquidation and collection of cash 

deposits based on the circumvention 

inquiry. If at the time instructions are 

conveyed to CBP the entries at issue are 

suspended and cash deposits collected 

only on the basis of the circumvention 

inquiries, then Commerce will direct 

CBP to liquidate the entries without 


khammond on DSKJM1Z7X2PROD with PROPOSALS
39432 Federal Register / Vol. 87, No. 126 / Friday, July 1, 2022 / Proposed Rules 

regard to antidumping and 

countervailing duties and to refund cash 

deposits collected on that basis. 

(ii) In the event of an affirmative 

preliminary or final determination of 

circumvention in the Solar 

Circumvention Inquiries before the Date 

of Termination, the Secretary will not, 

at that time, direct CBP to suspend 

liquidation and collect cash deposits of 

estimated duties in connection with the 

affirmative determination for Applicable 

Entries. 

(2) In the event of an affirmative final 

determination of circumvention in the 

Solar Circumvention Inquiries, 

notwithstanding § 351.226(l) of this 

chapter, the Secretary will direct CBP to 

begin suspension of liquidation and 

require a cash deposit of estimated 

antidumping and countervailing duties, 

at the applicable rate, for each 

unliquidated entry of Southeast AsianCompleted Cells and Modules that is 

entered, or withdrawn from warehouse, 

for consumption on or after the Date of 

Termination. 

(c) Waiver of assessment of duties. In 

the event the Secretary issues an 

affirmative final determination of 

circumvention in the Solar 

Circumvention Inquiries and thereafter, 

in accordance with other segments of 

the proceedings, pursuant to section 751 

of the Act and § 351.212(b) of this 

chapter, issues liquidation instructions 

to CBP, the Secretary will direct CBP to 

liquidate Applicable Entries without 

regard to antidumping and 

countervailing duties that would 

otherwise apply pursuant to an 

affirmative final determination of 

circumvention. 

§ 362.104 Certifications. 

Nothing in this section shall preclude 

the Secretary from requiring a 

certification for Southeast AsianCompleted Cells and Modules pursuant 

to § 351.228 of this chapter in the event 

of an affirmative preliminary or final 

determination in the Solar 

Circumvention Inquiries. 

[FR Doc. 2022–14241 Filed 6–30–22; 4:15 pm] 

BILLING CODE 3510–DS–P 

CENTRAL INTELLIGENCE AGENCY 

32 CFR Part 1900 

Freedom of Information Act 

Regulations 

AGENCY: Central Intelligence Agency. 

ACTION: Notice of proposed rulemaking 

and request for public comment. 

SUMMARY: The Central Intelligence 

Agency (CIA or the Agency) has 

undertaken and completed a review of 

its public regulations governing its 

implementation of the Freedom of 

Information Act (FOIA), as amended by 

the FOIA Improvement Act of 2016. As 

a result of this review, the Agency 

proposes to revise its FOIA regulations 

concerning the requirements for filing 

FOIA requests and CIA’s procedures for 

processing and reviewing such requests. 

As required by the FOIA, the Agency is 

providing an opportunity for interested 

persons to submit comments on these 

proposed regulations. 

DATES: Comments will be accepted until 

August 30, 2022. 

ADDRESSES: All submissions must be in 

English. Comments may be submitted 

by the following methods: By mail to 

Brian C. O’Neill, Director, Advanced 

Data Lifecycle Solutions, Central 

Intelligence Agency, Washington, DC 

20505; or by email to 

FedRegComments@ucia.gov. Please 

include ‘‘FOIA PROPOSED 

RULEMAKING’’ in the subject line of 

the message. 

FOR FURTHER INFORMATION CONTACT: 

Brian C. O’Neill; (571) 280–2899. 

SUPPLEMENTARY INFORMATION: CIA is 

amending its regulations governing 

implementation of the FOIA, as 

amended by the FOIA Improvement Act 

of 2016. CIA has undertaken and 

completed a review of its public FOIA 

regulations that govern certain aspects 

of its processing of FOIA requests. As a 

result of this review, the Agency 

proposes to revise its FOIA regulations 

found in chapter 19 of title 32 of the 

Code of Federal Regulations. 

These proposed regulatory changes 

are intended to enhance the 

administration and operations of the 

Agency’s FOIA program by ensuring 

compliance with all legal requirements 

and by increasing the transparency and 

clarity of the regulations governing the 

Agency’s FOIA program. 

Statutory and Executive Order Reviews 

Executive Order 12866 and 13563 

These proposed regulations have been 

drafted and reviewed in accordance 

with Executive Order 12866, Regulatory 

Planning and Review, section 1, 

Statement of Regulatory Philosophy and 

Principles, and in accordance with 

Executive Order 13563, Improving 

Regulation and Regulatory Review, 

section 1, General Principles of 

Regulation. Because these proposed 

regulations do not constitute a 

significant regulatory action under 

section 3(f) of Executive Order 12866, 

they were not subject to mandatory 

prior review by the Office of 

Management and Budget Office of 

Information and Regulatory Affairs 

(OMB/OIRA) under section 6 of 

Executive Order 12866. 

Paperwork Reduction Act 

Because these proposed regulations 

do not involve a collection of 

information, the review and OMB 

clearance requirements of the 

Paperwork Reduction Act, 44 U.S.C. 

3506 & 3507, do not apply. 

Executive Order 12988 

These proposed regulations meet the 

applicable standards set forth in 

Executive Order 12988, Civil Justice 

Reform. 

Executive Order 13132 

Because these proposed regulations 

will not have substantial direct effects 

on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government, they do 

not constitute policies that have 

federalism implications under Executive 

Order 13132. Thus, the requirements of 

Executive Order 13132 sections 2, 3, 

and 8, governing agency policies or 

regulations do not apply. 

Regulatory Flexibility Act 

In accordance with the Regulatory 

Flexibility Act, 5 U.S.C. 605(b), CIA has 

reviewed these proposed regulations 

and certifies that they will not have a 

significant economic impact on a 

substantial number of small entities, 

and thus no regulatory flexibility 

analysis is required. These proposed 

regulations pertain to CIA’s policies and 

practices for processing FOIA requests, 

and do not impose any new 

requirements on small entities. 

Unfunded Mandates Reform Act of 1995 

These proposed regulations will not 

result in the expenditure by State, local, 

and tribal governments, in the aggregate, 

or by the private sector, of $100 million 

or more in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions are 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1532(a) & 1533(a). 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

These proposed regulations will not 

result in an annual effect on the 

economy of $100 million or more, a 

major increase in costs or prices, or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 


khammond on DSKJM1Z7X2PROD with PROPOSALS