[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Notices]
[Pages 78967-78969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26985]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-010, C-570-011, A-583-853]
Certain Crystalline Silicon Photovoltaic Products From the
People's Republic of China and From Taiwan: Notice of Initiation of
Changed Circumstances Reviews, and Consideration of Revocation of the
Antidumping and Countervailing Duty Orders in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from PulseTech Products Corporation
(``PulseTech'') the Department of Commerce (the ``Department'') is
initiating changed circumstances reviews to consider the possible
revocation, in part, of the antidumping duty (``AD'') order on certain
crystalline silicon photovoltaic products from Taiwan and the AD and
countervailing duty (``CVD'') orders on certain crystalline silicon
photovoltaic products from the People's Republic of China (``PRC'')
(together, the ``Orders'') with respect to solar panels incorporated in
certain battery charging and maintaining units, as described below.
DATES: Effective Date: November 10, 2016.
FOR FURTHER INFORMATION CONTACT: Magd Zalok, Robert Bolling, or Howard
Smith, AD/CVD Operations, Office IV, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-4162, (202) 482-3434, or (202) 482-5193, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 18, 2015, the Department published an AD order on
certain crystalline silicon photovoltaic products
[[Page 78968]]
from Taiwan,\1\ and AD and CVD orders on certain crystalline silicon
photovoltaic products from the PRC.\2\
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\1\ See Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Antidumping Duty Order, 80 FR 8596 (February 18, 2015).
\2\ See Certain Crystalline Silicon Photovoltaic Products from
the People's Republic of China: Antidumping Duty Order; and Amended
Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 80 FR 8592 (February 18, 2015).
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On April 20, 2016, PulseTech Products Corporation (``PulseTech''),
an importer of the subject merchandise, requested revocation, in part,
of the Orders pursuant to section 751(b)(1) of the Tariff Act of 1930,
as amended (``the Act'') and 19 CFR 351.216(b),\3\ with respect to
certain solar panels. In subsequent submissions filed between May 12,
2016, and September 2, 2016, PulseTech modified the description of one
of the products covered by its request, ultimately describing the
product as solar panels that are:
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\3\ See April 20, 2016 letter from PulseTech Products
Corporation Re: Resubmission of Requests for Changed Circumstances
Review--Certain Crystalline Silicon Photovoltaic Products from the
People's Republic of China and from Taiwan (``PulseTech Request for
CCRs'').
(1) less than 300,000 mm\2\ in surface area; (2) less than 27.1
watts in power; (3) coated across their entire surface with a
polyurethane doming resin; and (4) joined to a battery charging and
maintaining unit (which is an acrylonitrile butadiene styrene
(``ABS'') box that incorporates a light emitting diode (``LED'')) by
coated wires that include a connector to permit the incorporation of
an extension cable. The battery charging and maintaining unit
utilizes high-frequency triangular pulse waveforms designed to
maintain and extend the life of batteries through the reduction of
lead sulfate crystals. The above-described battery charging and
maintaining unit is currently available under the registered
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trademark ``SolarPulse.''
On September 6, 2016, SolarWorld Americas, Inc. (``Petitioner'')
stated that it agrees with the scope exclusion language proposed by
PulseTech for the above-referenced solar panels incorporated into
certain battery charging and maintaining units.\4\
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\4\ See September 6, 2016 letter from Petitioner Re: Certain
Crystalline Silicon Photovoltaic Products from the People's Republic
of China and Taiwan: Changed Circumstances Review Request--Letter of
No Opposition.
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PulseTech also requested revocation, in part, of the Orders with
respect to other stand-alone solar panels. However, PulseTech withdrew
its request for CCRs with respect to the stand-alone panels.\5\
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\5\ See PulseTech's October 28, 2016, submission.
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Scope of the Antidumping and Countervailing Duty Orders on Certain
Crystalline Silicon Photovoltaic Products From the People's Republic of
China
The merchandise covered by these orders are modules, laminates and/
or panels consisting of crystalline silicon photovoltaic cells, whether
or not partially or fully assembled into other products, including
building integrated materials. For purposes of these orders, subject
merchandise includes modules, laminates and/or panels assembled in the
PRC consisting of crystalline silicon photovoltaic cells produced in a
customs territory other than the PRC.
Subject merchandise includes modules, laminates and/or panels
assembled in the PRC consisting of 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.
Excluded from the scope of these orders 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 these orders are modules, laminates and/or panels
assembled in the PRC, consisting of crystalline silicon photovoltaic
cells, not exceeding 10,000mm\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 cells. Where more than one
module, laminate and/or panel is permanently integrated into a consumer
good, the surface area for purposes of this exclusion shall be the
total combined surface area of all modules, laminates and/or panels
that are integrated into the consumer good. Further, also excluded from
the scope of these orders are any products covered by the existing
antidumping and countervailing duty orders on crystalline silicon
photovoltaic cells, whether or not assembled into modules, laminates
and/or panels, from the PRC.\6\
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\6\ 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).
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Merchandise covered by these orders is currently classified in the
Harmonized Tariff Schedule of the United States (``HTSUS'') under
subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060,
8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS
subheadings are provided for convenience and customs purposes; the
written description of the scope of these orders is dispositive.
Scope of the Antidumping Duty Order on Certain Crystalline Silicon
Photovoltaic Products From Taiwan
The merchandise covered by this order is crystalline silicon
photovoltaic cells, and modules, laminates and/or panels consisting of
crystalline silicon photovoltaic cells, whether or not partially or
fully assembled into other products, including building integrated
materials.
Subject merchandise includes 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.
Modules, laminates, and panels produced in a third-country from
cells produced in Taiwan are covered by this order. However, modules,
laminates, and panels produced in Taiwan from cells produced in a
third-country are not covered by this order.
Excluded from the scope of this order are thin film photovoltaic
products produced from amorphous silicon (a-Si), cadmium telluride
(CdTe), or copper indium gallium selenide (CIGS). Also excluded from
the scope of this order are crystalline silicon photovoltaic cells, not
exceeding 10,000mm\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 cells. 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.
Further, also excluded from the scope of this order are any
products covered
[[Page 78969]]
by the existing antidumping and countervailing duty orders on
crystalline silicon photovoltaic cells, whether or not assembled into
modules, from the PRC.\7\ Also excluded from the scope of this order
are modules, laminates, and panels produced in the PRC from crystalline
silicon photovoltaic cells produced in Taiwan that are covered by an
existing proceeding on such modules, laminates, and panels from the
PRC.
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\7\ 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).
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Merchandise covered by this order is currently classified in the
HTSUS under subheadings 8501 .61.0000, 8507.20.8030, 8507.20.8040,
8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030 and
8501.31.8000. These HTSUS subheadings are provided for convenience and
customs purposes; the written description of the scope of this order is
dispositive.
Initiation of Changed Circumstances Reviews, and Consideration of
Revocation of the Orders in Part
Pursuant to section 751(b) of the Act, the Department will conduct
a changed circumstances review upon receipt of a request from an
interested party\8\ which shows changed circumstances sufficient to
warrant a review of an order.\9\ Based on the information provided by
PulseTech, the Department has determined that there exist changed
circumstances sufficient to warrant changed circumstances reviews of
the AD order on certain crystalline silicon photovoltaic products from
Taiwan, and the AD and CVD orders on certain crystalline silicon
photovoltaic products from the PRC. Also, because this changed
circumstances request was filed less than 24 months after the date of
publication of notice of the final determinations in the investigations
covering certain crystalline silicon photovoltaic products from the PRC
and Taiwan, pursuant to 19 CFR 351.216(c), the Department must
determine whether good cause for the conduct of these reviews exists.
We find that Petitioner's affirmative statement of no interest in the
Orders with respect to solar panels incorporated into certain battery-
charging and maintaining units, as described above, constitutes good
cause for the conduct of these reviews.
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\8\ PulseTech stated in its Request for CCRs and its May 2, 2016
entry of appearance that it is an importer of subject merchandise
and as such is an interested party pursuant to 19 CFR
351.102(b)(29).
\9\ See 19 CFR 351.216.
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Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide
that the Department may revoke an order (in whole or in part) if it
determines that producers accounting for substantially all of the
production of the domestic like product have expressed a lack of
interest in the order, in whole or in part. In addition, in the event
the Department determines that expedited action is warranted, 19 CFR
351.221(c)(3)(ii) permits the Department to combine the notices of
initiation and preliminary results. In its administrative practice, the
Department has interpreted ``substantially all'' to mean producers
accounting for at least 85 percent of the total U.S. production of the
domestic like product covered by the order.\10\
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\10\ See, e.g., Certain Cased Pencils From the People's Republic
of China: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, and Intent To Revoke Order in Part, 77
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils From
the People's Republic of China: Final Results of Antidumping Duty
Changed Circumstances Review, and Determination To Revoke Order, in
Part, 77 FR 53176 (August 31, 2012).
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Petitioner states that it agrees with the exclusion request;
however, because Petitioner did not indicate whether it accounts for
substantially all of the domestic production of certain crystalline
silicon photovoltaic products, we are providing interested parties with
the opportunity to address the issue of domestic industry support with
respect to this requested partial revocation of the Orders, and we are
not combining this notice of initiation with a preliminary
determination pursuant to 19 CFR 351.221(c)(3)(ii). As explained below,
interested parties will have an opportunity to address the requested
partial revocation for solar panels incorporated into certain battery-
charging and maintaining units, described above.
Public Comment
Interested parties are invited to provide comments and/or factual
information regarding these changed circumstances reviews, including
comments concerning industry support. Comments and factual information
may be submitted to the Department no later than 14 days after the date
of publication of this notice. Rebuttal comments and rebuttal factual
information may be filed with the Department no later than 10 days
after the comments and/or factual information are filed.\11\ All
submissions must be filed electronically using Enforcement and
Compliance's AD and CVD Centralized Electronic Service System
(``ACCESS'').\12\ An electronically filed document must be received
successfully in its entirety by ACCESS, by 5 p.m. Eastern Time on the
due dates set forth in this notice.
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\11\ Submission of rebuttal factual information must comply with
19 CFR 351.301(b)(2).
\12\ See, generally, 19 CFR 351.303.
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The Department will issue the preliminary results of these changed
circumstances reviews, which will set forth the factual and legal
conclusions upon which the preliminary results are based, and, in
accordance with 19 CFR 351.221(c)(3)(i), will include a description of
any action proposed because of those results. Pursuant to 19 CFR
351.221(b)(4)(ii), interested parties will have an opportunity to
comment on the preliminary results of these reviews. In accordance with
19 CFR 351.216(e), the Department intends to issue the final results of
these AD and CVD changed circumstance reviews within 270 days after the
date on which the reviews are initiated, or within 45 days if all
parties to the proceeding agree to the outcome of the review.
This initiation is published in accordance with section 751(b)(1)
of the Act and 19 CFR 351.221(b)(1).
Dated: November 2, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-26985 Filed 11-9-16; 8:45 am]
BILLING CODE 3510-DS-P