Certain Solar Charging Modules Covered by AD/CVD on Crystalline Silicon Photovoltaic Cells From China
Antidumping and countervailing duty orders on crystalline silicon photovoltaic cells from China cover certain off-grid solar charging modules imported by GameChange Solar Corp., the Commerce Department said in an Aug. 13 scope ruling. None of the exclusions listed in the orders applies to the products, it explained.
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The charging modules are used to power GameChange’s Genius Tracker, which helps solar panels track the position of the sun across the sky, the department said.
The AD/CVD orders cover crystalline silicon photovoltaic cells, including modules, panels, laminates and other integrated materials, with a width of 20 micrometers or more and a p/n junction “formed by any means.” The orders provide for a number of exceptions, including for products that have a permanently connected wire into an 8mm male barrel connector or a two-port rectangular connector that meets other specifications, among others.
Commerce said that it was unable to identify certain key facts regarding the products, including the exact dimensions of GameChange’s overall panels, despite repeatedly asking the company for more evidence. However, it said it was able to determine that certain exceptions didn’t apply.
The importer itself also raised a few exceptions that its products ultimately didn’t qualify for, the department said. For example, GameChange claimed that its charging modules were sold individually for retail sale -- which would make them eligible for another exclusion -- but that isn’t supported by the record evidence, the department said. That shows that “multiple charging modules are packed together and strapped with banding, covered with cardboard, and shrink wrapped with a packing list with bar codes and certain information on it attached to the outside of the cardboard,” Commerce said.
The goods also aren’t “consumer goods,” another category of merchandise excluded from the orders, the department said. It explained that consumer goods are “purchased for consumption and not used later to produce another consumer good.” But, in this case, “the charging module is used to operate the solar modules in the array that produces electricity for consumers,” so they aren’t used directly enough to be consumer goods, it said.
GameChange also argued that the orders’ petitioner hadn’t intended them to apply to off-grid solar modules. But because there are specific exclusions listed in the scope for only certain types of off-grid solar modules, it is clear that the remainder are covered by the orders, Commerce said.
“If the scope did not cover off-grid solar modules, there would be no need to add exclusions for specific types of off-grid solar modules to the scope,” it said.