83_FR_42273 83 FR 42112 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of Changed Circumstances Reviews, and Consideration of Revocation of the Antidumping and Countervailing Duty Orders, in Part

83 FR 42112 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of Changed Circumstances Reviews, and Consideration of Revocation of the Antidumping and Countervailing Duty Orders, in Part

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 161 (August 20, 2018)

Page Range42112-42114
FR Document2018-17907

On April 17, 2018, the Department of Commerce (Commerce) received a request for revocation, in part, of the antidumping duty (AD) and countervailing duty (CVD) orders on certain crystalline silicon photovoltaic cells from the People's Republic of China (China) (the Orders) with respect to certain off-grid solar panels. Because producers accounting for substantially all of the domestic production of certain off-grid solar panels lack interest in the relief provided by the Orders, we intend to revoke, in part, the Orders with respect to these products. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 83 Issue 161 (Monday, August 20, 2018)
[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Notices]
[Pages 42112-42114]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17907]


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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: Preliminary Results 
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: On April 17, 2018, the Department of Commerce (Commerce) 
received a request for revocation, in part, of the antidumping duty 
(AD) and countervailing duty (CVD) orders on certain crystalline 
silicon photovoltaic cells from the People's Republic of China (China) 
(the Orders) with respect to certain off-grid solar panels. Because 
producers accounting for substantially all of the domestic production 
of certain off-grid solar panels lack interest in the relief provided 
by the Orders, we intend to revoke, in part, the Orders with respect to 
these products. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable August 20, 2018.

FOR FURTHER INFORMATION CONTACT:  Eli Lovely, AD/CVD Operations, Office 
IV, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-1593.

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 April 17, 2018, Goal Zero, 
LLC (Goal Zero), an importer of the subject merchandise, requested 
through changed circumstances reviews, 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),\2\ with respect to certain 
off-grid solar panels. On May 4, 2018, SolarWorld Americas, Inc. (the 
petitioner) submitted a letter stating that it does not oppose the 
partial revocation proposed by Goal Zero.\3\ On May 14, 2018, Commerce 
issued a supplemental questionnaire to Goal Zero,\4\ to which it 
responded on May 23, 2018.\5\
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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) (AD Order) 
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) (CVD Order) 
(collectively, Orders).
    \2\ See Goal Zero's Letter, ``Goal Zero LLC's Request for a 
Changed Circumstances Review,'' (Goal Zero's Request) dated April 
17, 2018.
    \3\ See SolarWorld's Letter, ``Support for Goal Zero LLC's 
Request for a Changed Circumstances Review,'' dated May 4, 2018.
    \4\ See Commerce's Letter, dated May 14, 2018.
    \5\ See ``Goal Zero LLC's Response to Additional Questions 
Regarding the Changed Circumstances Reviews,'' dated May 23, 2018.
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    On May 30, 2018, Commerce extended the time for determining whether 
to initiate the requested changed circumstances reviews by an 
additional 30 days, or until July 2, 2018.\6\ On June 29, 2018, 
Commerce again extended the deadline for determining whether to 
initiate the requested changed circumstances reviews by an additional 
15 days, or until July 16, 2018.\7\ On July 9, 2018, Goal Zero and the 
petitioner submitted comments regarding the proposed scope exclusion 
language for these changed circumstances reviews.\8\
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    \6\ See Commerce's Letter, dated May 30, 2018.
    \7\ See Commerce's Letter, dated June 29, 2018.
    \8\ See Goal Zero's Letter, ``Goal Zero LLC's Comments Regarding 
the Proposed Scope of the Changed Circumstances Reviews,'' dated 
July 9, 2018; see also the petitioner's Letter, ``Comments on Goal 
Zero LLC' s Request for a Changed Circumstances Review,'' dated July 
9, 2018.
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    On July 20, 2018, we published the Initiation Notice for these 
changed circumstances reviews in the Federal Register.\9\ Because the 
statement submitted by the petitioner in response to Goal Zero's 
request did not indicate whether the petitioner accounts for 
substantially all of the domestic production of crystalline silicon 
photovoltaic products, in the Initiation Notice, we invited interested 
parties to submit comments concerning industry support for the 
revocation in part, as well as comments and/or factual information 
regarding the changed circumstances reviews. On July 30, 2018, the 
petitioner submitted comments reiterating support for Goal Zero's 
request.\10\ We received no other comments.
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    \9\ 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, 83 FR 34542 (July 20, 2018) (Initiation Notice).
    \10\ See SolarWorld's Letter, ``Comments on Goal Zero LLC 
Changed Circumstances Reviews,'' dated July 30, 2018.
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Scope of the Antidumping and Countervailing Duty Orders on Certain 
Crystalline Silicon Photovoltaic Cells 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 10,000mm\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 cell. Where more than 
one cell is

[[Page 42113]]

permanently integrated into a consumer good, the surface area for 
purposes of this exclusion shall be the total combined surface area of 
all cells that are integrated into the consumer good.
    Additionally, excluded from the scope of the Orders are panels with 
surface area from 3,450 mm2 to 33,782 mm2 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 the PRC are covered by the Orders; however, modules, 
laminates, and panels produced in the PRC from cells produced in a 
third-country are not covered by the Orders.
    Merchandise covered by the 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.\11\
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    \11\ See AD Order, 77 FR at 73018-73019; CVD Order, 77 FR at 
73017 (footnote omitted).
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Scope of Changed Circumstances Reviews

    Goal Zero requests that Commerce revoke the Orders in part to 
exclude from the scope certain off-grid solar panels as described 
below:
    (1) Off grid CSPV panels in rigid form with a glass cover, with the 
following characteristics:
    (A) A total power output of 100 watts or less per panel;
    (B) a maximum surface area of 8,000 cm\2\ per panel;
    (C) do not include a built-in inverter;
    (D) must include a permanently connected wire that terminates in 
either an 8mm male barrel connector, or a two-port rectangular 
connector with two pins in square housings of different colors;
    (E) must include visible parallel grid collector metallic wire 
lines every 1-4 millimeters across each solar cell; and
    (F) must be in individual retail packaging (for purposes of this 
provision, retail packaging typically includes graphics, the product 
name, its description and/or features, and foam for transport); and
    (2) Off grid CSPV panels without a glass cover, with the following 
characteristics:
    (A) A total power output of 100 watts or less per panel;
    (B) a maximum surface area of 8,000 cm\2\ per panel;
    (C) do not include a built-in inverter;
    (D) must include visible parallel grid collector metallic wire 
lines every 1-4 millimeters across each solar cell; and
    (E) each panel is
    1. Permanently integrated into a consumer good;
    2. encased in a laminated material without stitching, or
    3. has all of the following characteristics: (i) The panel is 
encased in sewn fabric with visible stitching, (ii) includes a mesh 
zippered storage pocket, and (iii) includes a permanently attached wire 
that terminates in a female USB-A connector.\12\
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    \12\ See Goal Zero's Letter, ``Goal Zero LLC's Comments 
Regarding the Proposed Scope of the Changed Circumstances Reviews,'' 
dated July 9, 2018 at 10-11.
---------------------------------------------------------------------------

Preliminary Results of Changed Circumstances Review, and Intent To 
Revoke the Orders, in Part

    Pursuant to section 751(d)(1) of the Act, section 782(h) 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 changed circumstance review). Section 751(b)(1) of the Act 
requires a changed circumstance review 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 changed circumstances review 
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. 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.\13\ Commerce has interpreted ``substantially all'' to represent 
producers accounting for at least 85 percent of U.S. production of the 
domestic like product.\14\
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    \13\ See Section 782(h) of the Act and 19 CFR 351.222(g).
    \14\ See Honey from Argentina; Antidumping and Countervailing 
Duty Changed Circumstances Reviews; Preliminary Intent to Revoke 
Antidumping and Countervailing Duty Orders, 77 FR 67790, 67791 
(November 14, 2012), unchanged in Honey from Argentina; Final 
Results of Antidumping and Countervailing Duty Changed Circumstances 
Reviews; Revocation of Antidumping and Countervailing Duty Orders, 
77 FR 77029 (December 31, 2012) (Honey From Argentina).
---------------------------------------------------------------------------

    In its April 17, 2018 submission, Goal Zero requested that Commerce 
expedite the changed circumstances reviews.\15\ Commerce's regulations 
do not specify a deadline for the issuance of preliminary results of a 
changed circumstances review, but provide that Commerce will issue the 
final results of review within 270 days after the date on which the 
changed circumstances review is initiated, or within 45 days if all 
parties to the proceeding agree to the outcome of the review.\16\ 
Commerce did not issue a combined notice of initiation and preliminary 
results because, as discussed above, the statement provided by the 
petitioner in response to Goal Zero's Request did not indicate whether 
the petitioner accounts for substantially all domestic production of 
certain crystalline silicon photovoltaic products.\17\ Thus, Commerce 
did not determine in the Initiation Notice that producers accounting 
for substantially all of the production of the domestic like product 
lacked interest in the continued application of the Orders as to 
certain off-grid solar panels. Further, Commerce requested interested 
party comments on the issue of domestic industry support of a partial 
revocation.\18\
---------------------------------------------------------------------------

    \15\ See Goal Zero's Request at 9.
    \16\ See 19 CFR 351.216(e).
    \17\ See Initiation Notice.
    \18\ Id.
---------------------------------------------------------------------------

    Commerce received no comments concerning whether the petitioner 
accounts for substantially all domestic production of certain 
crystalline silicon photovoltaic products or opposing initiation of the 
changed circumstances reviews of the Orders. Hence, Commerce now 
preliminarily finds that producers accounting for substantially all of 
the production of the domestic like product lack interest in the relief 
afforded by the Orders with respect to the off-grid solar panels as 
described in Goal Zero's Request. We will consider comments from 
interested parties on these preliminary results before issuing the 
final results of this review.\19\
---------------------------------------------------------------------------

    \19\ See, e.g., Honey From Argentina; Antidumping and 
Countervailing Duty Changed Circumstances Reviews; Preliminary 
Intent to Revoke Antidumping and Countervailing Duty Orders, 77 FR 
67790, 67791 (November 14, 2012); Aluminum Extrusions From the 
People's Republic of China: Preliminary Results of Changed 
Circumstances Reviews, and Intent to Revoke Antidumping and 
Countervailing Duty Orders in Part, 78 FR 66895 (November 7, 2013); 
see also 19 CFR 351.222(g)(1)(v).

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[[Page 42114]]

    In light of Goal Zero's Request and the absence of any interested 
party comments received during the comment period, we preliminarily 
conclude that changed circumstances warrant revocation of the Orders, 
in part, 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 
off-grid solar panels that are the subject of Goal Zero's Request.
    Accordingly, we are notifying the public of our intent to revoke 
the Orders, in part, with respect to certain off-grid solar panels as 
defined above.

Public Comment

    Interested parties are invited to comment on these preliminary 
results in accordance with 19 CFR 351.309(c)(1)(ii). Written comments 
may be submitted no later than 14 days after the date of publication of 
these preliminary results. Rebuttals to written comments, limited to 
issues raised in such comments, may be filed no later than seven days 
after the due date for comments. All submissions must be filed 
electronically using Enforcement and Compliance's AD and CVD 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov and in the Central Records 
Unit, room B8024 of the main Department of Commerce building. An 
electronically filed document must be received successfully in its 
entirety by ACCESS, by 5 p.m. Eastern Time on the day it is due.
    Commerce will issue the final results of these changed 
circumstances reviews, which will include its analysis of any written 
comments, no later than 270 days after the date on which this review 
was initiated.
    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 to 
liquidate without regard to antidumping or countervailing duties, and 
to refund any estimated antidumping or countervailing duties, on all 
unliquidated entries of the merchandise covered by the revocation that 
are not covered by the final results of an administrative review or 
automatic liquidation.
    The current requirement for cash deposits of estimated antidumping 
and countervailing duties on all entries of subject merchandise will 
continue unless until they are modified pursuant to the final results 
of these changed circumstances reviews.
    These preliminary results of reviews and notice are 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: August 14, 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. 2018-17907 Filed 8-17-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                               42112                        Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Notices

                                                 This five-year (sunset) review and this               2018, Goal Zero, LLC (Goal Zero), an                    photovoltaic products, in the Initiation
                                               notice are in accordance with sections                  importer of the subject merchandise,                    Notice, we invited interested parties to
                                               751(c) of the Act and published                         requested through changed                               submit comments concerning industry
                                               pursuant to section 777(i)(1) of the Act                circumstances reviews, revocation, in                   support for the revocation in part, as
                                               and 19 CFR 351.218(f)(4).                               part, of the Orders, pursuant to section                well as comments and/or factual
                                                 Dated: August 14, 2018.                               751(b)(1) of the Tariff Act of 1930, as                 information regarding the changed
                                               Gary Taverman,                                          amended (the Act) and 19 CFR                            circumstances reviews. On July 30,
                                               Deputy Assistant Secretary for Antidumping
                                                                                                       351.216(b),2 with respect to certain off-               2018, the petitioner submitted
                                               and Countervailing Duty Operations,                     grid solar panels. On May 4, 2018,                      comments reiterating support for Goal
                                               performing the non-exclusive functions and              SolarWorld Americas, Inc. (the                          Zero’s request.10 We received no other
                                               duties of the Assistant Secretary for                   petitioner) submitted a letter stating that             comments.
                                               Enforcement and Compliance.                             it does not oppose the partial revocation
                                                                                                                                                               Scope of the Antidumping and
                                               [FR Doc. 2018–17908 Filed 8–17–18; 8:45 am]             proposed by Goal Zero.3 On May 14,
                                                                                                                                                               Countervailing Duty Orders on Certain
                                               BILLING CODE 3510–DS–P                                  2018, Commerce issued a supplemental
                                                                                                                                                               Crystalline Silicon Photovoltaic Cells
                                                                                                       questionnaire to Goal Zero,4 to which it
                                                                                                                                                               From the People’s Republic of China
                                                                                                       responded on May 23, 2018.5
                                               DEPARTMENT OF COMMERCE                                     On May 30, 2018, Commerce                              The merchandise covered by the
                                                                                                       extended the time for determining                       Orders is crystalline silicon
                                               International Trade Administration                      whether to initiate the requested                       photovoltaic cells, and modules,
                                               [A–570–979, C–570–980]                                  changed circumstances reviews by an                     laminates, and panels, consisting of
                                                                                                       additional 30 days, or until July 2,                    crystalline silicon photovoltaic cells,
                                               Crystalline Silicon Photovoltaic Cells,                 2018.6 On June 29, 2018, Commerce                       whether or not partially or fully
                                               Whether or Not Assembled Into                           again extended the deadline for                         assembled into other products,
                                               Modules, From the People’s Republic                     determining whether to initiate the                     including, but not limited to, modules,
                                               of China: Preliminary Results of                        requested changed circumstances                         laminates, panels and building
                                               Changed Circumstances Reviews, and                      reviews by an additional 15 days, or                    integrated materials.
                                               Consideration of Revocation of the                      until July 16, 2018.7 On July 9, 2018,                    The Orders cover crystalline silicon
                                               Antidumping and Countervailing Duty                     Goal Zero and the petitioner submitted                  photovoltaic cells of thickness equal to
                                               Orders, in Part                                         comments regarding the proposed scope                   or greater than 20 micrometers, having
                                                                                                       exclusion language for these changed                    a p/n junction formed by any means,
                                               AGENCY:   Enforcement and Compliance,                   circumstances reviews.8                                 whether or not the cell has undergone
                                               International Trade Administration,                        On July 20, 2018, we published the                   other processing, including, but not
                                               Department of Commerce.                                 Initiation Notice for these changed                     limited to, cleaning, etching, coating,
                                               SUMMARY: On April 17, 2018, the                         circumstances reviews in the Federal                    and/or addition of materials (including,
                                               Department of Commerce (Commerce)                       Register.9 Because the statement                        but not limited to, metallization and
                                               received a request for revocation, in                   submitted by the petitioner in response                 conductor patterns) to collect and
                                               part, of the antidumping duty (AD) and                  to Goal Zero’s request did not indicate                 forward the electricity that is generated
                                               countervailing duty (CVD) orders on                     whether the petitioner accounts for                     by the cell.
                                               certain crystalline silicon photovoltaic                substantially all of the domestic                         Merchandise under consideration
                                               cells from the People’s Republic of                     production of crystalline silicon                       may be described at the time of
                                               China (China) (the Orders) with respect                                                                         importation as parts for final finished
                                               to certain off-grid solar panels. Because               Determination of Sales at Less Than Fair Value,         products that are assembled after
                                               producers accounting for substantially                  and Antidumping Duty Order, 77 FR 73018                 importation, including, but not limited
                                               all of the domestic production of certain               (December 7, 2012) (AD Order) and Crystalline
                                                                                                       Silicon Photovoltaic Cells, Whether or Not
                                                                                                                                                               to, modules, laminates, panels,
                                               off-grid solar panels lack interest in the              Assembled into Modules, from the People’s               building-integrated modules, building-
                                               relief provided by the Orders, we intend                Republic of China: Countervailing Duty Order, 77        integrated panels, or other finished
                                               to revoke, in part, the Orders with                     FR 73017 (December 7, 2012) (CVD Order)                 goods kits. Such parts that otherwise
                                               respect to these products. Interested                   (collectively, Orders).
                                                                                                         2 See Goal Zero’s Letter, ‘‘Goal Zero LLC’s
                                                                                                                                                               meet the definition of merchandise
                                               parties are invited to comment on these                 Request for a Changed Circumstances Review,’’           under consideration are included in the
                                               preliminary results.                                    (Goal Zero’s Request) dated April 17, 2018.             scope of the Orders.
                                               DATES: Applicable August 20, 2018.                        3 See SolarWorld’s Letter, ‘‘Support for Goal Zero      Excluded from the scope of the Orders
                                               FOR FURTHER INFORMATION CONTACT: Eli                    LLC’s Request for a Changed Circumstances               are thin film photovoltaic products
                                                                                                       Review,’’ dated May 4, 2018.                            produced from amorphous silicon (a-Si),
                                               Lovely, AD/CVD Operations, Office IV,                     4 See Commerce’s Letter, dated May 14, 2018.
                                               Enforcement and Compliance,                               5 See ‘‘Goal Zero LLC’s Response to Additional
                                                                                                                                                               cadmium telluride (CdTe), or copper
                                               International Trade Administration,                     Questions Regarding the Changed Circumstances           indium gallium selenide (CIGS).
                                               U.S. Department of Commerce, 1401                       Reviews,’’ dated May 23, 2018.                            Also excluded from the scope of the
                                               Constitution Avenue NW, Washington,                       6 See Commerce’s Letter, dated May 30, 2018.          Orders are crystalline silicon
                                               DC 20230; telephone: (202) 482–1593.
                                                                                                         7 See Commerce’s Letter, dated June 29, 2018.
                                                                                                                                                               photovoltaic cells, not exceeding
                                                                                                         8 See Goal Zero’s Letter, ‘‘Goal Zero LLC’s
                                                                                                                                                               10,000mm2 in surface area, that are
                                               Background                                              Comments Regarding the Proposed Scope of the
                                                                                                                                                               permanently integrated into a consumer
                                                                                                       Changed Circumstances Reviews,’’ dated July 9,
                                                 On December 7, 2012, Commerce                         2018; see also the petitioner’s Letter, ‘‘Comments on   good whose function is other than
                                                                                                                                                               power generation and that consumes the
daltland on DSKBBV9HB2PROD with NOTICES




                                               published AD and CVD orders on                          Goal Zero LLC’ s Request for a Changed
                                               certain crystalline silicon photovoltaic                Circumstances Review,’’ dated July 9, 2018.             electricity generated by the integrated
                                                                                                         9 See Crystalline Silicon Photovoltaic Cells,
                                               cells, whether or not assembled into                                                                            crystalline silicon photovoltaic cell.
                                                                                                       Whether or Not Assembled Into Modules, from the
                                               modules, from China.1 On April 17,                      People’s Republic of China: Notice of Initiation of     Where more than one cell is
                                                                                                       Changed Circumstances Reviews, and
                                                 1 See Crystalline Silicon Photovoltaic Cells,         Consideration of Revocation of the Antidumping            10 See SolarWorld’s Letter, ‘‘Comments on Goal

                                               Whether or Not Assembled into Modules, from the         and Countervailing Duty Orders in Part, 83 FR           Zero LLC Changed Circumstances Reviews,’’ dated
                                               People’s Republic of China: Amended Final               34542 (July 20, 2018) (Initiation Notice).              July 30, 2018.



                                          VerDate Sep<11>2014   19:04 Aug 17, 2018   Jkt 244001   PO 00000   Frm 00013   Fmt 4703   Sfmt 4703   E:\FR\FM\20AUN1.SGM    20AUN1


                                                                            Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Notices                                                   42113

                                               permanently integrated into a consumer                     (A) A total power output of 100 watts              percent of U.S. production of the
                                               good, the surface area for purposes of                  or less per panel;                                    domestic like product.14
                                               this exclusion shall be the total                          (B) a maximum surface area of 8,000                   In its April 17, 2018 submission, Goal
                                               combined surface area of all cells that                 cm2 per panel;                                        Zero requested that Commerce expedite
                                               are integrated into the consumer good.                     (C) do not include a built-in inverter;            the changed circumstances reviews.15
                                                 Additionally, excluded from the                                                                             Commerce’s regulations do not specify a
                                               scope of the Orders are panels with                        (D) must include visible parallel grid             deadline for the issuance of preliminary
                                               surface area from 3,450 mm2 to 33,782                   collector metallic wire lines every 1–4               results of a changed circumstances
                                               mm2 with one black wire and one red                     millimeters across each solar cell; and               review, but provide that Commerce will
                                               wire (each of type 22 AWG or 24 AWG                        (E) each panel is                                  issue the final results of review within
                                               not more than 206 mm in length when                        1. Permanently integrated into a                   270 days after the date on which the
                                               measured from panel extrusion), and                     consumer good;                                        changed circumstances review is
                                               not exceeding 2.9 volts, 1.1 amps, and                     2. encased in a laminated material                 initiated, or within 45 days if all parties
                                               3.19 watts. For the purposes of this                    without stitching, or                                 to the proceeding agree to the outcome
                                               exclusion, no panel shall contain an                       3. has all of the following                        of the review.16 Commerce did not issue
                                               internal battery or external computer                   characteristics: (i) The panel is encased             a combined notice of initiation and
                                               peripheral ports.                                       in sewn fabric with visible stitching, (ii)           preliminary results because, as
                                                 Modules, laminates, and panels                        includes a mesh zippered storage                      discussed above, the statement provided
                                               produced in a third-country from cells                  pocket, and (iii) includes a permanently              by the petitioner in response to Goal
                                               produced in the PRC are covered by the                  attached wire that terminates in a                    Zero’s Request did not indicate whether
                                               Orders; however, modules, laminates,                    female USB–A connector.12                             the petitioner accounts for substantially
                                               and panels produced in the PRC from                                                                           all domestic production of certain
                                               cells produced in a third-country are not               Preliminary Results of Changed                        crystalline silicon photovoltaic
                                               covered by the Orders.                                  Circumstances Review, and Intent To                   products.17 Thus, Commerce did not
                                                 Merchandise covered by the Orders is                  Revoke the Orders, in Part                            determine in the Initiation Notice that
                                               currently classified in the Harmonized                                                                        producers accounting for substantially
                                                                                                          Pursuant to section 751(d)(1) of the
                                               Tariff System of the United States                                                                            all of the production of the domestic
                                                                                                       Act, section 782(h) of the Act, and 19
                                               (HTSUS) under subheadings                                                                                     like product lacked interest in the
                                                                                                       CFR 351.222(g), Commerce may revoke
                                               8501.61.0000, 8507.20.80, 8541.40.6020,                                                                       continued application of the Orders as
                                                                                                       an AD or CVD order, in whole or in part,
                                               8541.40.6030, and 8501.31.8000. These                                                                         to certain off-grid solar panels. Further,
                                                                                                       based on a review under section 751(b)
                                               HTSUS subheadings are provided for                                                                            Commerce requested interested party
                                                                                                       of the Act (i.e., a changed circumstance
                                               convenience and customs purposes; the                                                                         comments on the issue of domestic
                                                                                                       review). Section 751(b)(1) of the Act
                                               written description of the scope of the                                                                       industry support of a partial
                                                                                                       requires a changed circumstance review
                                               Orders is dispositive.11                                                                                      revocation.18
                                                                                                       to be conducted upon receipt of a
                                               Scope of Changed Circumstances                          request which shows changed                              Commerce received no comments
                                               Reviews                                                 circumstances sufficient to warrant a                 concerning whether the petitioner
                                                                                                       review. Section 782(h)(2) of the Act                  accounts for substantially all domestic
                                                  Goal Zero requests that Commerce                                                                           production of certain crystalline silicon
                                               revoke the Orders in part to exclude                    gives Commerce the authority to revoke
                                                                                                       an order if producers accounting for                  photovoltaic products or opposing
                                               from the scope certain off-grid solar                                                                         initiation of the changed circumstances
                                               panels as described below:                              substantially all of the production of the
                                                                                                       domestic like product have expressed a                reviews of the Orders. Hence,
                                                  (1) Off grid CSPV panels in rigid form
                                                                                                       lack of interest in the order. Section                Commerce now preliminarily finds that
                                               with a glass cover, with the following
                                                                                                       351.222(g) of Commerce’s regulations                  producers accounting for substantially
                                               characteristics:
                                                  (A) A total power output of 100 watts                provides that Commerce will conduct a                 all of the production of the domestic
                                               or less per panel;                                      changed circumstances review under 19                 like product lack interest in the relief
                                                  (B) a maximum surface area of 8,000                  CFR 351.216, and may revoke an order                  afforded by the Orders with respect to
                                               cm2 per panel;                                          (in whole or in part), if it concludes                the off-grid solar panels as described in
                                                 (C) do not include a built-in inverter;               that: (i) Producers accounting for                    Goal Zero’s Request. We will consider
                                                 (D) must include a permanently                        substantially all of the production of the            comments from interested parties on
                                               connected wire that terminates in either                domestic like product to which the                    these preliminary results before issuing
                                               an 8mm male barrel connector, or a two-                 order pertains have expressed a lack of               the final results of this review.19
                                               port rectangular connector with two                     interest in the relief provided by the                   14 See Honey from Argentina; Antidumping and
                                               pins in square housings of different                    order, in whole or in part, or (ii) if other          Countervailing Duty Changed Circumstances
                                               colors;                                                 changed circumstances sufficient to                   Reviews; Preliminary Intent to Revoke Antidumping
                                                 (E) must include visible parallel grid                warrant revocation exist. Both the Act                and Countervailing Duty Orders, 77 FR 67790,
                                               collector metallic wire lines every 1–4                 and Commerce’s regulations require that               67791 (November 14, 2012), unchanged in Honey
                                               millimeters across each solar cell; and                 ‘‘substantially all’’ domestic producers
                                                                                                                                                             from Argentina; Final Results of Antidumping and
                                                 (F) must be in individual retail                                                                            Countervailing Duty Changed Circumstances
                                                                                                       express a lack of interest in the order for           Reviews; Revocation of Antidumping and
                                               packaging (for purposes of this
                                                                                                       Commerce to revoke the order, in whole                Countervailing Duty Orders, 77 FR 77029
                                               provision, retail packaging typically                                                                         (December 31, 2012) (Honey From Argentina).
                                                                                                       or in part.13 Commerce has interpreted
                                               includes graphics, the product name, its                                                                         15 See Goal Zero’s Request at 9.
                                                                                                       ‘‘substantially all’’ to represent
                                               description and/or features, and foam                                                                            16 See 19 CFR 351.216(e).
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                                                                                                       producers accounting for at least 85
                                               for transport); and                                                                                              17 See Initiation Notice.
                                                                                                                                                                18 Id.
                                                 (2) Off grid CSPV panels without a
                                                                                                         12 See Goal Zero’s Letter, ‘‘Goal Zero LLC’s           19 See, e.g., Honey From Argentina; Antidumping
                                               glass cover, with the following                         Comments Regarding the Proposed Scope of the          and Countervailing Duty Changed Circumstances
                                               characteristics:                                        Changed Circumstances Reviews,’’ dated July 9,        Reviews; Preliminary Intent to Revoke Antidumping
                                                                                                       2018 at 10–11.                                        and Countervailing Duty Orders, 77 FR 67790,
                                                 11 See AD Order, 77 FR at 73018–73019; CVD              13 See Section 782(h) of the Act and 19 CFR         67791 (November 14, 2012); Aluminum Extrusions
                                               Order, 77 FR at 73017 (footnote omitted).               351.222(g).                                                                                    Continued




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                                               42114                        Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Notices

                                                 In light of Goal Zero’s Request and the               countervailing duties on all entries of               and JPME II accreditation matters, and
                                               absence of any interested party                         subject merchandise will continue                     to address other administrative matters.
                                               comments received during the comment                    unless until they are modified pursuant                  Agenda: The subcommittee will
                                               period, we preliminarily conclude that                  to the final results of these changed                 review and evaluate information related
                                               changed circumstances warrant                           circumstances reviews.                                to the continued academic growth,
                                               revocation of the Orders, in part,                        These preliminary results of reviews                accreditation, and development of the
                                               because the producers accounting for                    and notice are in accordance with                     U.S. Army War College. General
                                               substantially all of the production of the              sections 751(b) and 777(i) of the Act and             deliberations leading to provisional
                                               domestic like product to which the                      19 CFR 351.216, 19 CFR 351.221(c)(3),                 findings will be referred to the Army
                                               Orders pertain lack interest in the relief              and 19 CFR 351.222.                                   Education Advisory Committee for
                                               provided by the Orders with respect to                                                                        deliberation by the Committee under the
                                                                                                         Dated: August 14, 2018.
                                               the off-grid solar panels that are the                                                                        open-meeting rules.
                                                                                                       Gary Taverman,                                           Public Accessibility to the Meeting:
                                               subject of Goal Zero’s Request.
                                                 Accordingly, we are notifying the                     Deputy Assistant Secretary for Antidumping            Pursuant to 5 U.S.C. 552b, as amended,
                                                                                                       and Countervailing Duty Operations,                   and 41 CFR 102–3.140 through 102–
                                               public of our intent to revoke the
                                                                                                       performing the non-exclusive functions and
                                               Orders, in part, with respect to certain                                                                      3.165, and subject to the availability of
                                                                                                       duties of the Assistant Secretary for
                                               off-grid solar panels as defined above.                 Enforcement and Compliance.                           space, this meeting is open to the
                                                                                                                                                             public. Seating is on a first to arrive
                                               Public Comment                                          [FR Doc. 2018–17907 Filed 8–17–18; 8:45 am]
                                                                                                                                                             basis. Attendees are requested to submit
                                                  Interested parties are invited to                    BILLING CODE 3510–DS–P
                                                                                                                                                             their, name, affiliation, and daytime
                                               comment on these preliminary results in                                                                       phone number seven business days
                                               accordance with 19 CFR                                                                                        prior to the meeting to Dr. David
                                               351.309(c)(1)(ii). Written comments may                 DEPARTMENT OF DEFENSE                                 Dworak, via electronic mail, the
                                               be submitted no later than 14 days after                                                                      preferred mode of submission, at the
                                               the date of publication of these                        Department of the Army                                address listed in the FOR FURTHER
                                               preliminary results. Rebuttals to written                                                                     INFORMATION CONTACT section. Members
                                                                                                       Army Education Advisory
                                               comments, limited to issues raised in                                                                         of the public attending the
                                                                                                       Subcommittee Meeting Notice
                                               such comments, may be filed no later                                                                          subcommittee meetings will not be
                                               than seven days after the due date for                  AGENCY:  Department of the Army, DOD.                 permitted to present questions from the
                                               comments. All submissions must be                       ACTION:Notice of open subcommittee                    floor or speak to any issue under
                                               filed electronically using Enforcement                  meeting.                                              consideration by the subcommittee.
                                               and Compliance’s AD and CVD                                                                                   Because the meeting of the
                                               Centralized Electronic Service System                   SUMMARY:   The Department of the Army                 subcommittee will be held in a Federal
                                               (ACCESS). ACCESS is available to                        is publishing this notice to announce                 Government facility on a military base,
                                               registered users at http://                             the following Federal advisory                        security screening is required. A photo
                                               access.trade.gov and in the Central                     committee meeting of the U.S. Army                    ID is required to enter base. Please note
                                               Records Unit, room B8024 of the main                    War College Board of Visitors, a                      that security and gate guards have the
                                               Department of Commerce building. An                     subcommittee of the Army Education                    right to inspect vehicles and persons
                                               electronically filed document must be                   Advisory Committee. This meeting is                   seeing to enter and exit the installation.
                                               received successfully in its entirety by                open to the public.                                   Root Hall is fully handicap accessible.
                                               ACCESS, by 5 p.m. Eastern Time on the                   DATES: The U.S. Army War College                      Wheelchair access is available in front
                                               day it is due.                                          Board of Visitors Subcommittee will                   at the main entrance of the building. For
                                                  Commerce will issue the final results                meet from 8:00 a.m. to 2:00 p.m. on                   additional information about public
                                               of these changed circumstances reviews,                 October 12, 2018.                                     access procedures, contact Dr. David
                                               which will include its analysis of any                                                                        Dworak, the subcommittee’s Alternate
                                                                                                       ADDRESSES: U.S. Army War College, 122
                                               written comments, no later than 270                                                                           Designated Federal Officer, at the email
                                               days after the date on which this review                Forbes Avenue, Carlisle, PA, Command
                                                                                                       Conference Room, Root Hall, Carlisle                  address or telephone number listed in
                                               was initiated.                                                                                                the FOR FURTHER INFORMATION CONTACT
                                                  If, in the final results of these reviews,           Barracks, PA 17013.
                                                                                                                                                             section.
                                               Commerce continues to determine that                    FOR FURTHER INFORMATION CONTACT: Dr.                     Written Comments or Statements:
                                               changed circumstances warrant the                       David Dworak, the Alternate Designated                Pursuant to 41 CFR 102–3.105(j) and
                                               revocation of the Orders, in part, we                   Federal Officer for the subcommittee, in              102–3.140 and section 10(a)(3) of the
                                               will instruct U.S. Customs and Border                   writing at Office of the Provost, 122                 Federal Advisory Committee Act, the
                                               Protection to liquidate without regard to               Forbes Ave. Carlisle, PA 17013, by                    public or interested organizations may
                                               antidumping or countervailing duties,                   email at david.d.dworak.civ@mail.mil,                 submit written comments or statements
                                               and to refund any estimated                             or by telephone at (717) 245–3365.                    to the subcommittee, in response to the
                                               antidumping or countervailing duties,                   SUPPLEMENTARY INFORMATION: The                        stated agenda of the open meeting or in
                                               on all unliquidated entries of the                      subcommittee meeting is being held                    regard to the subcommittee’s mission in
                                               merchandise covered by the revocation                   under the provisions of the Federal                   general. Written comments or
                                               that are not covered by the final results               Advisory Committee Act of 1972 (5                     statements should be submitted to Dr.
                                               of an administrative review or automatic                U.S.C., Appendix, as amended), the                    David Dworak, the subcommittee
                                               liquidation.                                            Government in the Sunshine Act of                     Alternate Designated Federal Officer,
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                                                  The current requirement for cash                     1976 (5 U.S.C. 552b, as amended), and                 via electronic mail, the preferred mode
                                               deposits of estimated antidumping and                   41 CFR § 102–3.150.                                   of submission, at the address listed in
                                                                                                          Purpose of the Meeting: The purpose                the FOR FURTHER INFORMATION CONTACT
                                               From the People’s Republic of China: Preliminary        of the meeting is to provide the                      section. Each page of the comment or
                                               Results of Changed Circumstances Reviews, and
                                               Intent to Revoke Antidumping and Countervailing
                                                                                                       subcommittee with an overview of the                  statement must include the author’s
                                               Duty Orders in Part, 78 FR 66895 (November 7,           U.S. Army War College Academic                        name, title or affiliation, address, and
                                               2013); see also 19 CFR 351.222(g)(1)(v).                Campaign Plan, discuss Middle States                  daytime phone number. The Alternate


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Document Created: 2018-08-18 01:28:48
Document Modified: 2018-08-18 01:28:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable August 20, 2018.
ContactEli Lovely, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1593.
FR Citation83 FR 42112 

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