# Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules From the People's Republic of China: Final Results of the Expedited Second Sunset Review of the Countervailing Duty Order
**AGENCY:**
Enforcement and Compliance, International Trade Administration, Department of Commerce.
**SUMMARY:**
The U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the People's Republic of China (China) would likely to lead to the continuation or recurrence of countervailable subsidies at the levels indicated in the “Final Results of the Sunset Review” section of this notice.
**DATES:**
Applicable June 7, 2024.
**FOR FURTHER INFORMATION CONTACT:**
Jose Rivera, 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) 482-0842.
**SUPPLEMENTARY INFORMATION:**
**Background**
On December 7, 2012, Commerce published the CVD order on solar cells from China. [^1] On February 1, 2024, Commerce published the *Initiation Notice* of the second five-year sunset review of the *Order,* pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). [^2] In accordance with 19 CFR 351.218(d)(1)(i) and (ii), on February 16, 2024, we received a timely notice of intent to participate in this sunset review from the American Alliance for Solar Manufacturing (the Alliance). [^3] The Alliance claimed interested party status under section 771(9)(C) of the Act as a coalition of producers of domestic like product in the United States.
[^1]*See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China: Countervailing Duty Orde* r, 77 FR 73017 (December 7, 2012) ( *Order* ).
[^2]*See Initiation of Five-Year (Sunset) Reviews,* 89 FR 6499 (February 1, 2024) ( *Initiation Notice* ).
[^3]*See* The Alliance's Letter, “Notice of Intent to Participate in Sunset Review,” dated February 16, 2024.
On March 4, 2024, Commerce received an adequate substantive response to the *Initiation Notice* from the Alliance within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). [^4] Commerce received no substantive responses from any other interested party, including the Government of China, with respect to the order covered by this sunset review.
[^4]*See* The Alliance's Letter, “Substantive Response to Notice of Initiation,” dated March 4, 2024.
On March 22, 2024, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from other interested parties. [^5] As a result, Commerce conducted an expedited (120-day) sunset review of the *Order,* pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)(2) and (C)(2).
[^5]*See* Commerce's Letter, “Sunset Reviews for February 2024,” dated March 22, 2024.
**Scope of the Order**
The merchandise covered by this *Order* are solar cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials. Merchandise covered by the *Order* is currently classified in the Harmonized Tariff System of the United States (HTSUS) under subheadings 8501.71.0000, 8501.72.1000, 8501.72.2000, 8501.72.3000, 8501.72.9000, 8501.80.1000, 8501.80.2000, 8501.80.3000, 8501.80.9000, 8507.20.8010, 8507.20.8031, 8507.20.8041, 8507.20.8061, 8507.20.8091, 8541.42.0010, and 8541.43.0010. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of the *Order* is dispositive. For a complete description of the scope of the *Order, see* the Issues and Decision Memorandum. [^6]
[^6]*See* Memorandum, “Issues and Decision Memorandum for the Final Results of the Expedited Second Sunset Review of the Countervailing Duty Order on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China,” dated concurrently with and adopted by this notice (Issues and Decision Memorandum).
**Analysis of Comments Received**
All issues raised in this sunset review are addressed in the Issues and Decision Memorandum. A list of the topics discussed in the Issues and Decision Memorandum is attached as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), which is available to registered users at *https://access.trade.gov.* In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at *https://access.trade.gov/public/FRNoticesListLayout.aspx.*
**Final Results of Sunset Review**
Pursuant to sections 751(c) and 752(b) of the Act, we determine that revocation of the *Order* would be likely to lead to continuation or recurrence of a countervailable subsidies at the following net countervailable subsidy rates:
[^7] Wuxi Suntech Power Co., Ltd. is cross-owned with: Suntech Power Co., Ltd.; Luoyang Suntech Power Co., Ltd.; Yangzhou Rietech Renewal Energy Co., Ltd.; Zhenjiang Huantai Silicon Science & Technology Co., Ltd.; Kuttler Automation Systems Co., Ltd.; Shenzhen Suntech Power Co., Ltd.; Wuxi Sunshine Power Co., Ltd.; Wuxi University Science Park International Incubator Co., Ltd.; Yangzhou Suntech Power Co., Ltd.; and Zhenjiang Rietech New Energy Science & Technology Co., Ltd.
[^8] Changzhou Trina Solar Energy Co., Ltd. is cross-owned with Trina Solar (Changzhou) Science and Technology Co., Ltd.
| Producer/exporter | Subsidy rate (percent
) |
| --- | --- |
| Wuxi Suntech Power Co., Ltd. | 25.56 |
| Changzhou Trina Solar Energy Co., Ltd. | 26.75 |
| All Others | 26.15 |
**Disclosure**
Commerce intends to disclose its calculations and analysis performed to interested parties in these final results within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).
**Administrative Protective Order**
This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.
**Notification to Interested Parties**
Commerce is issuing and publishing these final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218.
Dated: May 31, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
**Appendix**
**List of Topics Discussed in the Issues and Decision Memorandum**
I. Summary
II. Background
III. Scope of the *Order*
IV. History of the *Order*
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of a Countervailable Subsidy
2. Net Countervailable Subsidy Rates Likely to Prevail
3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation