[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Notices]
[Pages 2617-2619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00756]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-979, C-570-980]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Final Results of
Changed Circumstances Reviews, and Revocation of Antidumping and
Countervailing Duty Orders, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 26, 2017, the Department of Commerce (Commerce)
published its preliminary results of changed circumstances reviews
(CCRs) and intent to revoke, in part, the antidumping duty (AD) and
countervailing duty (CVD) orders on crystalline silicon photovoltaic
cells, whether or not assembled into modules, from the People's
Republic of China (China) with respect to certain solar panels
(collectively, the Orders). Specifically, Commerce preliminarily
determined that the producers accounting for substantially all of the
production of the domestic like product to which the Orders pertain
lacked interest in the relief provided by the Orders with respect to
certain solar panels of a sufficiently small size, voltage, amperage,
and wattage, among other characteristics, as described below. Commerce
invited interested parties to comment on the preliminary results. No
party submitted comments. For the final results of these CCRs, Commerce
is revoking, in part, the Orders as to imports of certain solar panels
as described below.
DATES: Applicable January 18, 2018.
FOR FURTHER INFORMATION CONTACT: Lauren Caserta or Kaitlin Wojnar, AD/
CVD Operations, Office VII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4737 and (202)
482-3857, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2012, Commerce published AD and CVD orders on
certain crystalline silicon photovoltaic cells, whether or not
assembled into modules, from China.\1\ On October 6,
[[Page 2618]]
2017, Pitsco, Inc. d/b/a/Pitsco Education (Pitsco), an importer of the
subject merchandise, requested through a changed circumstances review
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), with
respect to certain solar panels.\2\ On October 13, 2017, SolarWorld
Americas, Inc. (the petitioner) submitted a letter stating that it does
not oppose the scope exclusion language proposed by Pitsco.\3\ From
October 25, 2017, through November 8, 2017,\4\ Commerce consulted with
both Pitsco and SolarWorld regarding revisions to the proposed
exclusion language; specifically, Commerce suggested limiting the
language to a description of the physical characteristics of the
product and also expressed concerns regarding the dimensions indicated
in the description.\5\ Accordingly, on November 10, 2017, Pitsco
submitted revised exclusion language based on these consultations.\6\
On November 13, 2017, SolarWorld submitted a letter stating that it
does not oppose the revised exclusion language submitted by Pitsco on
November 10, 2017.\7\
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\1\ 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) 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).
\2\ See Pitsco's Letter, ``Request for Changed Circumstances
Review (A-570-980; C-570-979),'' dated October 6, 2017 (Pitsco's
Request).
\3\ See SolarWorld's Letter, ``Pitsco, Inc.'s Scope Exclusion
Language--Letter of No Opposition,'' dated October 13, 2017 (Letter
of No Opposition).
\4\ See Memorandum, ``Pitsco, Inc. Changed Circumstances Review
for Antidumping and Countervailing Duty Orders on Certain Solar
Cells from the People's Republic of China: Ex Parte
Correspondence,'' dated November 13, 2017 (Ex Parte Memo).
\5\ Id.
\6\ See Pitsco's Letter, ``Amended Changed Circumstances Review
(A-570-980; C-570-979),'' dated November 10, 2017 (Pitsco's Amended
Request).
\7\ See SolarWorld's Letter, ``Pitsco, Inc.'s Scope Exclusion
Language--Letter of No Opposition,'' dated November 13, 2017
(Revised Letter of No Opposition).
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On November 27, 2017, Commerce published the notice of initiation
of the requested changed circumstances reviews.\8\ On December 26,
2017, Commerce published the preliminary results of these CCRs, in
which it found that producers accounting for substantially all of the
production of the domestic like product to which the Orders pertain
lack interest in the relief afforded by the Orders with respect to
certain solar panels of a sufficiently small size, voltage, amperage,
and wattage, among other characteristics, as described in Pitsco's
request.\9\ Commerce invited interested parties to submit comments on
the preliminary results. We received no comments.
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\8\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People's Republic of China: Notice
of Initiation of Changed Circumstances Reviews, and Consideration of
Revocation of the Antidumping and Countervailing Duty Orders in
Part, 82 FR 55987 (Nov. 27, 2017) (Solar CCR Initiation Notice).
\9\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People's Republic of China:
Preliminary Results of Changed Circumstances Reviews, and Intent to
Revoke Antidumping and Countervailing Duty Orders in Part, 82 FR
60952 (December 26, 2017) (Solar CCR Preliminary Notice).
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Final Results of Changed Circumstances Reviews, and Revocation of the
Orders, in Part
Because no party submitted comments opposing Commerce's preliminary
results, and the record contains no other information or evidence that
calls into question the preliminary results, Commerce determines,
pursuant to section 751(d)(1) of the Act, section 782(h) of the Act,
and 19 CFR 351.222(g), that there are changed circumstances that
warrant revocation of the Orders, in part. Specifically, because the
producers accounting for substantially all of the production of the
domestic like product to which the Orders pertain lack interest in the
relief provided by the Orders with respect to the following type of
solar panels, we are revoking the Orders, in part, for solar panels
that: (1) Have a surface area from 3,450 mm\2\ to 33,782 mm\2\; (2)
have 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); (3) do
not exceed 2.9 volts, 1.1 amps, and 3.19 watts; and (4) do not contain
an internal battery or external computer peripheral ports. The scope
description below includes this exclusion language.
Scope of the AD and CVD Orders on Certain Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into Modules, From the
People's Republic of China
The merchandise covered by the Orders 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.
The Orders cover crystalline silicon photovoltaic cells of
thickness equal to or greater than 20 micrometers, having a p/n
junction formed by any means, whether or not the cell has undergone
other processing, including, but not limited to, cleaning, etching,
coating, and/or addition of materials (including, but not limited to,
metallization and conductor patterns) to collect and forward the
electricity that is generated by the cell.
Merchandise under consideration may be described at the time of
importation as parts for final finished products that are assembled
after importation, including, but not limited to, modules, laminates,
panels, building-integrated modules, building-integrated panels, or
other finished goods kits. Such parts that otherwise meet the
definition of merchandise under consideration are included in the scope
of the Orders.
Excluded from the scope of the 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 the Orders 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 these Orders 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.
Modules, laminates, and panels produced in a third-country from
cells produced in China are covered by the Orders; however, modules,
laminates, and panels produced in China from cells produced in a third-
country are not covered by the Orders.
Merchandise covered by these Orders is currently classified in the
Harmonized Tariff System of the United States (HTSUS) under subheadings
8501.61.0000, 8507.20.80, 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 the Orders is
dispositive.
[[Page 2619]]
Instructions to U.S. Customs and Border Protection
Because we determine that there are changed circumstances that
warrant the revocation of the Orders, in part, we will instruct U.S.
Customs and Border Protection (CBP) to liquidate without regard to
antidumping and countervailing duties, and to refund any estimated
antidumping and countervailing duties, on all unliquidated entries of
the merchandise covered by this partial revocation that are not covered
by the final results of an administrative review or automatic
liquidation.\10\
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\10\ The most recently completed administrative review of the AD
order (A-570-979) was completed on June 20, 2017, and covered
December 1, 2014, through November 30, 2015. Therefore, the partial
revocation for merchandise subject to the AD orders will be applied
retroactively to unliquidated entries of merchandise entered or
withdrawn from warehouse, for consumption, on or after December 1,
2015. The most recently completed administrative review of the CVD
order (C-570-980) was completed on July 10, 2017, and covered
January 1, 2014, through December 31, 2014. Therefore, the partial
revocation for merchandise subject to the CVD order will be applied
retroactively to unliquidated entries of merchandise entered or
withdrawn from warehouse, for consumption, on or after January 1,
2015.
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Notification to Interested Parties
This notice serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return/destruction of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and terms of an APO is a sanctionable violation.
We are issuing and publishing these final results and revocation,
in part, and notice in accordance with sections 751(b) and 777(i) of
the Act and 19 CFR 351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222.
Dated: January 11, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-00756 Filed 1-17-18; 8:45 am]
BILLING CODE 3510-DS-P