80 FR 72950 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Determination of Investigation and Notice of Amended Final Determination of Investigation Pursuant to Court Decision
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 225 (November 23, 2015)
International Trade Administration
Federal Register Volume 80, Issue 225 (November 23, 2015)
| Page Range | 72950-72950 | |
| FR Document | 2015-29804 |
[Federal Register Volume 80, Number 225 (Monday, November 23, 2015)] [Notices] [Page 72950] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-29804] [[Page 72950]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-979] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Determination of Investigation and Notice of Amended Final Determination of Investigation Pursuant to Court Decision AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On October 5, 2015, the United States Court of International Trade (``CIT'') issued its final judgment in Jiangsu Jiasheng Photovoltaic Technology Co., Ltd. v. United States Consol. Court No. 13-00012\1\ sustaining the Department of Commerce's (``the Department'') final results of remand redetermination.\2\ Consistent with the decision of the United States Court of Appeals for the Federal Circuit (``CAFC'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond Sawblades''), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's Final Determination and Amended Final Determination in the antidumping duty investigation of crystalline silicon photovoltaic cells, whether or not assembled into modules (``solar cells''), from the People's Republic of China (``PRC''),\3\ and is amending its determination with respect to granting separate rates to three specific respondents: Tianwei New Energy (Chengdu) PV Module Co., Ltd. (``Tianwei New Energy''), Dongfang Electric (Yixing) MAGI Solar Power Technology Co., Ltd. (``Dongfang Electric''), and Sumec Hardware & Tools Co., Ltd. (``Sumec Hardware''). --------------------------------------------------------------------------- \1\ See Jiangsu Jiasheng Photovoltaic Technology Co., Ltd. v. United States, Consol. Court No. 13-00012, Slip Op. 15-113 (CIT October 5, 2015) (``Jiangsu II''). \2\ See Final Results of Redetermination Pursuant to Court Order, Jiangsu Jiasheng Photovoltaic Technology Co., Ltd. v. United States, Consol. Court No. 13-00012 (April 20, 2015) (``Remand Results''). \3\ See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China: Final Determination of Sales at Less Than Fair Value, and Affirmative Final Determination of Critical Circumstances, in Part, 77 FR 63791 (October 17, 2012) (``Final Determination''); 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) (``Amended Final Determination'') (collectively, ``Investigation Final Determination''). --------------------------------------------------------------------------- DATES: Effective Date: October 15, 2015. FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, AD/CVD Operations, Office IV, Enforcement and Compliance--International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC, 20230; telephone (202) 482- 2769. SUPPLEMENTARY INFORMATION: Background Subsequent to the publication of the Amended Final Determination, SolarWorld Americas, Inc. filed a complaint with the CIT challenging, in part, the Department's determination that certain separate-rate applicants were eligible for a separate rate. On June 6, 2014, the United States requested a voluntary remand to reconsider and reevaluate its determination to grant a separate rate to four specific respondents: Tianwei New Energy, Dongfang Electric, Sumec Hardware, and Ningbo ETDZ Holdings Ltd. (``Ningbo ETDZ''). On November 20, 2014, the CIT granted the Department's request for a voluntary remand. On April 20, 2015, the Department issued its Remand Results, in which the Department determined that Tianwei New Energy, Dongfang Electric, and Sumec Hardware did not meet the criteria for a separate rate, but that Ningbo ETDZ did meet the criteria for a separate rate. On October 5, 2015, the Court issued its decision in Jiangsu II sustaining the Department's Remand Results.\4\ --------------------------------------------------------------------------- \4\ See Jiangsu II. --------------------------------------------------------------------------- Timken Notice In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (``the Act''), the Department must publish a notice of a court decision that is not ``in harmony'' with a Department determination and must suspend liquidation of entries pending a ``conclusive'' court decision. The CIT's October 5, 2015, judgment sustaining the Department's Remand Results to not grant separate rates to Tianwei New Energy, Dongfang Electric, and Sumec Hardware, constitutes a final decision of that court that is not in harmony with the Department's Investigation Final Determination. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal, or if appealed, pending a final and conclusive court decision. Amended Final Determination Because there is now a final court decision with respect to this case, the Department is amending its Investigation Final Determination with respect to granting separate rates to Tianwei New Energy, Dongfang Electric, and Sumec Hardware. We have found that Tianwei New Energy, Dongfang Electric, and Sumec Hardware do not meet the criteria for a separate rate. Accordingly, these companies are part of the PRC-wide entity. Additionally, the Department will instruct U.S. Customs and Border Protection to collect cash deposits from Tianwei New Energy, Dongfang Electric, and Sumec Hardware at the cash deposit rate applicable to the PRC-wide entity, effective October 15, 2015. The current cash deposit rate applicable to the PRC-wide entity is 238.95 percent.\5\ --------------------------------------------------------------------------- \5\ Although the Department noted in the Remand Results that the cash deposit rate applicable to the PRC-wide entity is 249.96 percent, the current cash deposit rate, after adjusting for subsidies, is 238.95 percent. See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2012-2013, 80 FR 40998, 41002 n.50 (July 14, 2015). --------------------------------------------------------------------------- This notice is issued and published in accordance with sections 516A(e)(1), 735(d), and 777(i)(1) of the Act. Dated: November 17, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-29804 Filed 11-20-15; 8:45 am] BILLING CODE 3510-DS-P
![72950 Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Notices
DEPARTMENT OF COMMERCE Electric (Yixing) MAGI Solar Power requirements of Timken. Accordingly,
Technology Co., Ltd. (‘‘Dongfang the Department will continue the
International Trade Administration Electric’’), and Sumec Hardware & Tools suspension of liquidation of the subject
[A–570–979] Co., Ltd. (‘‘Sumec Hardware’’). merchandise pending the expiration of
DATES: Effective Date: October 15, 2015. the period of appeal, or if appealed,
Crystalline Silicon Photovoltaic Cells, FOR FURTHER INFORMATION CONTACT: Jeff pending a final and conclusive court
Whether or Not Assembled Into Pedersen, AD/CVD Operations, Office decision.
Modules, From the People’s Republic IV, Enforcement and Compliance— Amended Final Determination
of China: Notice of Court Decision Not International Trade Administration,
in Harmony With Final Determination Because there is now a final court
U.S. Department of Commerce, 14th
of Investigation and Notice of decision with respect to this case, the
Street and Constitution Avenue NW.,
Amended Final Determination of Department is amending its
Washington, DC, 20230; telephone (202)
Investigation Pursuant to Court Investigation Final Determination with
482–2769.
Decision respect to granting separate rates to
SUPPLEMENTARY INFORMATION: Tianwei New Energy, Dongfang Electric,
AGENCY: Enforcement and Compliance, and Sumec Hardware. We have found
Background
International Trade Administration, that Tianwei New Energy, Dongfang
Department of Commerce. Subsequent to the publication of the
Electric, and Sumec Hardware do not
SUMMARY: On October 5, 2015, the Amended Final Determination,
meet the criteria for a separate rate.
United States Court of International SolarWorld Americas, Inc. filed a
Accordingly, these companies are part
Trade (‘‘CIT’’) issued its final judgment complaint with the CIT challenging, in
of the PRC-wide entity. Additionally,
in Jiangsu Jiasheng Photovoltaic part, the Department’s determination
the Department will instruct U.S.
Technology Co., Ltd. v. United States that certain separate-rate applicants
Customs and Border Protection to
Consol. Court No. 13–000121 sustaining were eligible for a separate rate.
collect cash deposits from Tianwei New
the Department of Commerce’s (‘‘the On June 6, 2014, the United States
Energy, Dongfang Electric, and Sumec
Department’’) final results of remand requested a voluntary remand to
Hardware at the cash deposit rate
redetermination.2 Consistent with the reconsider and reevaluate its
applicable to the PRC-wide entity,
decision of the United States Court of determination to grant a separate rate to
Appeals for the Federal Circuit effective October 15, 2015. The current
four specific respondents: Tianwei New
(‘‘CAFC’’) in Timken Co. v. United cash deposit rate applicable to the PRC-
Energy, Dongfang Electric, Sumec
States, 893 F.2d 337 (Fed. Cir. 1990) wide entity is 238.95 percent.5
Hardware, and Ningbo ETDZ Holdings
(‘‘Timken’’), as clarified by Diamond This notice is issued and published in
Ltd. (‘‘Ningbo ETDZ’’). On November
Sawblades Mfrs. Coalition v. United accordance with sections 516A(e)(1),
20, 2014, the CIT granted the
States, 626 F.3d 1374 (Fed. Cir. 2010) 735(d), and 777(i)(1) of the Act.
Department’s request for a voluntary
(‘‘Diamond Sawblades’’), the remand. Dated: November 17, 2015.
Department is notifying the public that On April 20, 2015, the Department Paul Piquado,
the final judgment in this case is not in issued its Remand Results, in which the Assistant Secretary for Enforcement and
harmony with the Department’s Final Department determined that Tianwei Compliance.
Determination and Amended Final New Energy, Dongfang Electric, and [FR Doc. 2015–29804 Filed 11–20–15; 8:45 am]
Determination in the antidumping duty Sumec Hardware did not meet the BILLING CODE 3510–DS–P
investigation of crystalline silicon criteria for a separate rate, but that
photovoltaic cells, whether or not Ningbo ETDZ did meet the criteria for
assembled into modules (‘‘solar cells’’), a separate rate. DEPARTMENT OF COMMERCE
from the People’s Republic of China On October 5, 2015, the Court issued
(‘‘PRC’’),3 and is amending its its decision in Jiangsu II sustaining the National Oceanic and Atmospheric
determination with respect to granting Department’s Remand Results.4 Administration
separate rates to three specific
Timken Notice RIN 0648–XE320
respondents: Tianwei New Energy
(Chengdu) PV Module Co., Ltd. In its decision in Timken, 893 F.2d at Caribbean Fishery Management
(‘‘Tianwei New Energy’’), Dongfang 341, as clarified by Diamond Sawblades, Council; Public Meeting
the CAFC held that, pursuant to section
1 See Jiangsu Jiasheng Photovoltaic Technology
516A(e) of the Tariff Act of 1930, as AGENCY: National Marine Fisheries
Co., Ltd. v. United States, Consol. Court No. 13– amended (‘‘the Act’’), the Department Service (NMFS), National Oceanic and
00012, Slip Op. 15–113 (CIT October 5, 2015) Atmospheric Administration (NOAA),
(‘‘Jiangsu II’’). must publish a notice of a court
2 See Final Results of Redetermination Pursuant decision that is not ‘‘in harmony’’ with Commerce.
to Court Order, Jiangsu Jiasheng Photovoltaic a Department determination and must ACTION: Notice of a public meeting.
Technology Co., Ltd. v. United States, Consol. Court suspend liquidation of entries pending
No. 13–00012 (April 20, 2015) (‘‘Remand Results’’). SUMMARY: The Caribbean Fishery
3 See Crystalline Silicon Photovoltaic Cells,
a ‘‘conclusive’’ court decision. The CIT’s
October 5, 2015, judgment sustaining Management Council’s (Council)
Whether or Not Assembled into Modules, from the
People’s Republic of China: Final Determination of the Department’s Remand Results to not Scientific and Statistical Committee
Sales at Less Than Fair Value, and Affirmative grant separate rates to Tianwei New
Final Determination of Critical Circumstances, in Energy, Dongfang Electric, and Sumec 5 Although the Department noted in the Remand
wgreen on DSK2VPTVN1PROD with NOTICES
Part, 77 FR 63791 (October 17, 2012) (‘‘Final Results that the cash deposit rate applicable to the
Determination’’); Crystalline Silicon Photovoltaic Hardware, constitutes a final decision of PRC-wide entity is 249.96 percent, the current cash
Cells, Whether or Not Assembled Into Modules, that court that is not in harmony with deposit rate, after adjusting for subsidies, is 238.95
From the People’s Republic of China: Amended the Department’s Investigation Final percent. See Crystalline Silicon Photovoltaic Cells,
Final Determination of Sales at Less Than Fair Determination. This notice is published Whether or Not Assembled Into Modules, From the
Value, and Antidumping Duty Order, 77 FR 73018 People’s Republic of China: Final Results of
(December 7, 2012) (‘‘Amended Final in fulfillment of the publication Antidumping Duty Administrative Review and
Determination’’) (collectively, ‘‘Investigation Final Final Determination of No Shipments; 2012–2013,
Determination’’). 4 See Jiangsu II. 80 FR 40998, 41002 n.50 (July 14, 2015).
VerDate Sep<11>2014 14:25 Nov 20, 2015 Jkt 238001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\23NON1.SGM 23NON1](https://thefederalregister.org/doc/80_FR_73175/page/1.svg)
Document Created: 2018-03-01 11:17:50
Document Modified: 2018-03-01 11:17:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective Date: October 15, 2015. | |
| Contact | Jeff Pedersen, AD/CVD Operations, Office IV, Enforcement and Compliance--International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC, 20230; telephone (202) 482- 2769. | |
| FR Citation | 80 FR 72950 |
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