[Federal Register Volume 90, Number 80 (Monday, April 28, 2025)]
[Notices]
[Pages 17565-17567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07346]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-010, C-570-011]


Crystalline Silicon Photovoltaic Products, Whether or Not 
Assembled Into Modules, From the People's Republic of China: 
Preliminary Results of Changed Circumstances Reviews, and Intent To 
Revoke the Antidumping and Countervailing Duty Orders, in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
intends to revoke, in part, the antidumping duty (AD) and 
countervailing duty (CVD) orders on crystalline silicon photovoltaic 
products, whether or not assembled into modules (solar products), from 
the People's Republic of China (China) with respect to certain small, 
low-wattage, off-grid crystalline silicon photovoltaic (CSPV) cells. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable April 28, 2025.

FOR FURTHER INFORMATION CONTACT: Samantha Biondo, Office of Policy, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-6358.

SUPPLEMENTARY INFORMATION:

Background

    On February 18, 2015, Commerce published the AD and CVD orders on 
solar products from China.\1\ On August 28, 2024, Lutron Electronics 
Co., Inc. (Lutron), a domestic producer, importer and exporter of 
subject merchandise, requested that Commerce conduct changed 
circumstances reviews (CCR) to find that it is appropriate to revoke 
the Orders, in part, with respect to certain small, low-wattage, off-
grid CSPV cells, pursuant to section 751(b)(1) of the Tariff Act of 
1930, as amended (the Act), and 19 CFR 351.216(b).\2\ Lutron's CCR 
request included a letter from the American Alliance for Solar 
Manufacturing (the Alliance), a domestic interested party in this 
proceeding, which stated that the Alliance did not oppose the partial 
revocation of the Orders proposed by Lutron.\3\
---------------------------------------------------------------------------

    \1\ 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) (Orders).
    \2\ See Lutron's Letter, ``Lutron Electronics Co., Inc.'s 
Request for Changed Circumstances Reviews and Request to Combine 
Initiation and Preliminary Results,'' dated August 28, 2024 (CCR 
Request).
    \3\ Id. at Exhibits 2 and 3.
---------------------------------------------------------------------------

    On October 21, 2024, we published the notice of initiation of the 
requested CCRs.\4\ In the Initiation Notice, we invited interested 
parties to provide comments and/or factual information regarding these 
CCRs, including comments on industry support and the proposed partial 
revocation language.\5\ We received no comments or factual information.
---------------------------------------------------------------------------

    \4\ See Crystalline Silicon Photovoltaic Products, 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, 89 FR 84120 (October 21, 2024) (Initiation 
Notice).
    \5\ Id., 89 FR at 84121.
---------------------------------------------------------------------------

Scope of the Orders

    The merchandise covered by these Orders is 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 
China consisting of crystalline silicon photovoltaic cells produced in 
a customs territory other than China.
    Subject merchandise includes modules, laminates and/or panels 
assembled in China 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 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 these Orders are modules, laminates 
and/or panels assembled in China, consisting of crystalline silicon 
photovoltaic cells, not exceeding 10,000 mm2 in surface

[[Page 17566]]

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 China.
    Additionally, excluded from the scope of these Orders are solar 
panels that are: (1) less than 300,000 mm2 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 trademark ``SolarPulse.''
    Also excluded from the scope of these Orders are off-grid 
crystalline silicon photovoltaic panels without a glass cover with the 
following characteristics: (1) total power output of 500 watts or less 
per panel; (2) maximum surface area of 8,000 cm2 per panel; (3) unit 
does not include a built-in inverter; (4) unit has visible parallel 
grid collector metallic wire lines every 2- 40 millimeters across each 
solar panel (depending on model); (5) solar cells are encased in 
laminated frosted PET material without stitching; (6) the panel is 
encased in polyester fabric with visible stitching which includes a 
Velcro-type storage pocket and unit closure, or encased within a 
Neoprene clamshell (depending on model); and (7) includes LED 
indicator.
    Additionally excluded from the scope of these Orders 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 cm2 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 8mm diameter 
male barrel connector.
    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, 8541.40.6015, 8541.40.6020, 8541.40.6030, 8541.40.6035 
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 CCRs

    The products subject to the proposed revocation are certain small, 
low-wattage, off-grid CSPV cells that are permanently attached to an 
aluminum extrusion that controls natural light, whether or not 
assembled into a fully completed automation device that controls 
natural light.\6\
---------------------------------------------------------------------------

    \6\ See Initiation Notice.
---------------------------------------------------------------------------

    Lutron requests that the following language be added to the scope 
of the Orders to implement the requested revocation:

    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 cm2 per panel;
    3. Does not include a built-in inverter for powering third party 
devices.\7\
---------------------------------------------------------------------------

    \7\ See CCR Request at 3.
---------------------------------------------------------------------------

Preliminary Results of CCRs and Intent To Revoke the Orders, in Part

    Pursuant to section 751(d)(1) of the Act, and 19 CFR 351.222(g), 
Commerce may revoke an AD or CVD order, in whole or in part, based on a 
review under section 751(b) of the Act (i.e., a CCR). Section 751(b)(1) 
of the Act requires a CCR to be conducted upon receipt of a request 
which shows changed circumstances sufficient to warrant a review. 
Section 782(h)(2) of the Act gives Commerce the authority to revoke an 
order if producers accounting for substantially all of the production 
of the domestic like product have expressed a lack of interest in the 
order. Section 351.222(g) of Commerce's regulations provides that 
Commerce will conduct a CCR of an AD or CVD order under 19 CFR 351.216, 
and may revoke an order (in whole or in part), if it concludes that: 
(i) producers accounting for substantially all of the production of the 
domestic like product to which the order pertains have expressed a lack 
of interest in the relief provided by the order, in whole or in part; 
or (ii) if other changed circumstances sufficient to warrant revocation 
exist. Thus, both the Act and Commerce's regulations require that 
``substantially all'' domestic producers express a lack of interest in 
the order for Commerce to revoke the order, in whole or in part.\8\ In 
its administrative practice, Commerce has interpreted ``substantially 
all'' to represent producers accounting for at least 85 percent of U.S. 
production of the domestic like product.\9\
---------------------------------------------------------------------------

    \8\ See section 782(h)(2) of the Act; and 19 CFR 
351.222(g)(1)(i).
    \9\ 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).
---------------------------------------------------------------------------

    Lutron submitted a letter from the Alliance, a coalition of U.S. 
producers of the domestic like product, which stated that the Alliance 
did not oppose the changed circumstances reviews or the specific 
exclusion language proposed by Lutron.\10\ In that letter, the Alliance 
did not indicate its share of production of the domestic like 
product.\11\ Thus, Commerce was unable to determine, at the time that 
it initiated these CCRs, whether producers accounting for substantially 
all of the U.S. production of the domestic like product lacked interest 
in the Orders with respect to certain small, low-wattage, off-grid CSPV 
cells under consideration here. As a result, Commerce did not issue a 
combined notice of initiation and preliminary results in these 
CCRs.\12\ Instead, as stated above, in the Initiation Notice, Commerce 
invited interested parties to provide comments and/or factual 
information regarding these CCRs, including comments on industry

[[Page 17567]]

support and the proposed partial revocation language. No party 
submitted comments. Accordingly, we find that the domestic industry has 
expressed no opposition with respect to the proposed revocation, in 
part, of the Orders.
---------------------------------------------------------------------------

    \10\ See CCR Request at Exhibits 2 and 3.
    \11\ Id.; see also Initiation Notice.
    \12\ See Initiation Notice.
---------------------------------------------------------------------------

    In light of the Alliance's statement of lack of interest in 
maintaining the Orders with respect to certain small, low-wattage, off-
grid CSPV cells described by Lutron, and in the absence of any other 
interested party comments addressing the issue of domestic industry 
support, we preliminarily conclude that 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 certain small, low-wattage, off-grid CSPV cells 
that are the subject of Lutron's CCR request. Thus, we preliminarily 
determine that changed circumstances warrant revocation of the Orders, 
in part, with respect to such cells. Accordingly, we are notifying the 
public of our intent to revoke the Orders, in part, with respect to 
certain small, low-wattage, off-grid CSPV cells described in the 
``Scope of the CCRs'' section above.
    If we make a final determination to revoke the Orders in part, then 
Commerce will apply this determination to each order as follows. 
Because we have completed administrative reviews of the Orders, the 
partial revocation will be retroactively applied to unliquidated 
entries of merchandise subject to the CCRs that were entered or 
withdrawn from warehouse, for consumption, on or after the day 
following the last day of the period covered by the most recently 
completed administrative reviews of the Orders, and which are not 
covered by automatic liquidation.

Public Comment

    In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may 
submit case briefs no later than 30 days after the date of publication 
of this notice. Rebuttal briefs, limited to issues raised in case 
briefs, may be filed no later than five days after the case briefs, in 
accordance with 19 CFR 351.309(d).\13\
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
---------------------------------------------------------------------------

    Interested parties who submit case or rebuttal briefs must submit: 
(1) a table of contents listing each issue discussed in the brief; and 
(2) a table of authorities.\14\ As provided under 19 CFR 351.309(c)(2) 
and (d)(2), in prior proceedings we have encouraged interested parties 
to provide an executive summary of their brief that should be limited 
to five pages total, including footnotes. In this review, we instead 
request that interested parties provide at the beginning of their 
briefs a public, executive summary for each issue raised in their 
briefs. Further, we request that interested parties limit their 
executive summary of each issue to no more than 450 words, not 
including citations. We intend to use the executive summaries as the 
basis of the comment summaries included in the issues and decision 
memorandum that will accompany the final results in this review. We 
request that interested parties include footnotes for relevant 
citations in the executive summary of each issue.
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, filed electronically via ACCESS, within 30 
days of publication of this notice. Requests should contain the 
following information: (1) the party's name, address, and telephone 
number; (2) the number of participants and whether any participant is a 
foreign national; and (3) a list of issues to be discussed. If a 
request for a hearing is made, Commerce will inform parties of the date 
and time for the hearing.
    All submissions are to be filed electronically using ACCESS. An 
electronically filed document must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time on the day it is due.\15\ 
Note that Commerce has amended certain of its requirements pertaining 
to the service of documents in 19 CFR 351.303(f).\16\
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.303(b).
    \16\ See APO and Final Service Rule.
---------------------------------------------------------------------------

Final Results of the CCRs

    Commerce will issue the final results of these CCRs, which will 
include its analysis of any written comments, no later than 270 days 
after the date on which these reviews were initiated.\17\ If, in the 
final results of these reviews, Commerce continues to determine that 
changed circumstances warrant the revocation of the Orders, in part, we 
will instruct U.S. Customs and Border Protection (CBP) to liquidate 
without regard to ADs or CVDs, and to refund any estimated ADs and CVDs 
deposited on all unliquidated entries of the merchandise covered by the 
revocation that are not covered by the final results of an 
administrative review or an automatic liquidation instruction to CBP. 
The current requirement for cash deposits of estimated ADs and CVDs on 
all entries of subject merchandise will continue unless they are 
modified pursuant to the final results of these changed CCRs.
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.216(e).
---------------------------------------------------------------------------

    These preliminary results of these reviews and this notice are 
published 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: April 16, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2025-07346 Filed 4-25-25; 8:45 am]
BILLING CODE 3510-DS-P