82_FR_25435 82 FR 25331 - Crystalline Silicon Photovoltaic Cells' (Whether or Not Partially or Fully Assembled Into Other Products); Institution and Scheduling of Safeguard Investigation and Determination That the Investigation Is Extraordinarily Complicated

82 FR 25331 - Crystalline Silicon Photovoltaic Cells' (Whether or Not Partially or Fully Assembled Into Other Products); Institution and Scheduling of Safeguard Investigation and Determination That the Investigation Is Extraordinarily Complicated

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 104 (June 1, 2017)

Page Range25331-25333
FR Document2017-11013

Following receipt of a petition for import relief, as amended and properly filed on May 17, 2017, the Commission has instituted investigation No. TA-201-75 pursuant to section 202 of the Trade Act of 1974 (``the Act'') to determine whether crystalline silicon photovoltaic (``CSPV'') cells (whether or not partially or fully assembled into other products) are being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported articles. The Commission has deemed the petition, as amended, to have been properly filed on May 17, 2017. The Commission has determined that this investigation is ``extraordinarily complicated'' and will make its injury determination within 128 days after the petition was filed, or by September 22, 2017. The Commission will submit to the President the report required within 180 days after the date on which the petition was filed, or by November 13, 2017.

Federal Register, Volume 82 Issue 104 (Thursday, June 1, 2017)
[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Notices]
[Pages 25331-25333]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11013]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. TA-201-75]


Crystalline Silicon Photovoltaic Cells' (Whether or Not Partially 
or Fully Assembled Into Other Products); Institution and Scheduling of 
Safeguard Investigation and Determination That the Investigation Is 
Extraordinarily Complicated

AGENCY: United States International Trade Commission.

ACTION: Notice of institution of investigation and scheduling of public 
hearings.

-----------------------------------------------------------------------

SUMMARY: Following receipt of a petition for import relief, as amended 
and properly filed on May 17, 2017, the Commission has instituted 
investigation No. TA-201-75 pursuant to section 202 of the Trade Act of 
1974 (``the Act'') to determine whether crystalline silicon 
photovoltaic (``CSPV'') cells (whether or not partially or fully 
assembled into other products) are being imported into the United 
States in such increased quantities as to be a substantial cause of 
serious injury, or the threat thereof, to the domestic industry 
producing an article like or directly competitive with the imported 
articles. The Commission has deemed the petition, as amended, to have 
been properly filed on May 17, 2017. The Commission has determined that 
this investigation is ``extraordinarily complicated'' and will make its 
injury determination within 128 days after the petition was filed, or 
by September 22, 2017. The Commission will submit to the President the 
report required within 180 days after the date on which the petition 
was filed, or by November 13, 2017.

DATES: Effective May 17, 2017.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its internet server 
(https://www.usitc.gov). The public record for this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:

[[Page 25332]]

    Background.--This investigation is being instituted, pursuant to 
section 202 of the Act (19 U.S.C. 2252), in response to a petition, as 
amended and properly filed on May 17, 2017, by Suniva, Inc. 
(``Suniva''), a producer of CSPV cells and CSPV modules in the United 
States. Suniva seeks relief on CSPV cells (whether or not partially or 
fully assembled into other products).
    The articles covered by this investigation are CSPV cells, whether 
or not partially or fully assembled into other products, including, but 
not limited to, modules, laminates, panels, and building-integrated 
materials. The investigation covers crystalline silicon photovoltaic 
cells of a thickness equal to or greater than 20 micrometers, having a 
p/n junction (or variant thereof) 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.
    Included in the scope of the investigation are photovoltaic cells 
that contain crystalline silicon in addition to other photovoltaic 
materials. This includes, but is not limited to, passivated emitter 
rear contact (``PERC'') cells, heterojunction with intrinsic thin-layer 
(``HIIT'') cells, and other so-called ``hybrid'' cells.
    Articles under consideration also may be described at the time of 
importation as components for final finished products that are 
assembled after importation, including, but not limited to, modules, 
laminates, panels, and building-integrated materials.
    Excluded from the investigation are CSPV cells, whether or not 
partially or fully assembled into other products, if the CSPV cells 
were manufactured in the United States.
    Also excluded from the investigation 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 investigation 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 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.
    For Customs purposes, the CSPV cells covered by the investigation 
are provided for under Harmonized Tariff Schedule of the United States 
(``HTSUS'') subheading 8541.40.60. Within that 8-digit subheading, CSPV 
cells that are assembled into modules or panels are imported under 
HTSUS statistical reporting number 8541.40.6020, while CSPV cells that 
are not assembled into modules and are presented separately are 
imported under statistical reporting number 8541.40.6030. Inverters or 
batteries with CSPV cells attached can be imported under HTSUS 
subheadings 8501.61.00 and 8507.20.80, respectively. In addition, CSPV 
cells covered by the investigation may also be classifiable as DC 
generators of subheading 8501.31.80, when such generators are imported 
with CSPV cells attached. While HTSUS provisions are provided for 
convenience, the written description of the scope is dispositive.
    For further information concerning the conduct of this 
investigation and rules of general application, consult the 
Commission's Rules of Practice and Procedure, part 201, subparts A and 
B (19 CFR part 201), and part 206, subparts A and B (19 CFR part 206).
    Determination to institute this investigation.--Suniva initially 
submitted a petition on April 26, 2017. On May 1, 2017, Commission 
staff issued a letter requesting that Suniva clarify its description of 
the imported articles intended to be covered by the petition, provide 
more details concerning whether Suniva was ``representative of an 
industry'' within the meaning of section 202(a)(1) of the Act (19 
U.S.C. 2252(a)(1)), and supply additional data on the performance 
indicators for the industry producing an article like or directly 
competitive with the imported article. On May 12, 2017, Suniva provided 
additional information to support its allegations. On May 17, 2017, 
Suniva further amended its petition and provided a revised description 
of the imported articles. The Commission determined that the petition, 
as amended, was properly filed as of May 17, 2017.
    Determination that investigation is extraordinarily complicated.--
The Commission has determined that this investigation is 
``extraordinarily complicated'' within the meaning of section 
202(b)(2)(B) of the Act (19 U.S.C. 2252(b)(2)(B)). The Commission's 
decision to designate this investigation ``extraordinarily 
complicated'' is based on the complexity of the issues, including the 
existence of antidumping and/or countervailing duty orders on certain 
imports covered by this investigation and the global supply chains for 
the imported articles under investigation. Ordinarily, the Commission 
would have been required to make its injury determination within 120 
days after the petition was filed, or by September 14, 2017. The 
statute permits the Commission to take up to 30 additional days to make 
its injury determination in an investigation where it determines that 
the investigation is extraordinarily complicated. In this instance, the 
Commission intends to take eight extra days and make its injury 
determination by September 22, 2017.
    Participation in the investigation and public service list.--
Persons (other than petitioner) wishing to participate in the 
investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, not later than 21 days after publication of this 
notice in the Federal Register. The Secretary will prepare a service 
list containing the names and addresses of all persons, or their 
representatives, who are parties to this investigation upon the 
expiration of the period for filing entries of appearance.
    Limited disclosure of confidential business information (CBI) under 
an administrative protective order (APO) and CBI service list.--
Pursuant to section 206.17 of the Commission's rules, the Secretary 
will make CBI gathered in this investigation available to authorized 
applicants representing interested parties (as defined in 19 CFR 
206.17(a)(3)(iii)) under the APO issued in the investigation, provided 
that the application is made not later than 21 days after the 
publication of this notice in the Federal Register. A separate service 
list will be maintained by the Secretary for those parties authorized 
to receive CBI under the APO.
    The Commission may include CBI in the reports it sends to the 
President and to the U.S. Trade Representative. Additionally, all 
information, including CBI, submitted in this investigation may be 
disclosed to and used by (i) the Commission, its employees and Offices, 
and contract personnel (a) for developing or maintaining the records of 
this or a related proceeding, or (b) in internal investigations, 
audits, reviews, and evaluations relating to the programs, personnel, 
and operations of the Commission including under 5 U.S.C. Appendix 3; 
or (ii) by U.S. government employees and contract personnel for 
cybersecurity purposes. The Commission will not otherwise disclose any 
CBI in a manner that would reveal the operations of the firm supplying 
the information.

[[Page 25333]]

    Hearings on injury and remedy.--The Commission has scheduled 
separate hearings in connection with the injury and remedy phases of 
this investigation. The hearing on injury will be held beginning at 
9:30 a.m. on August 15, 2017, at the U.S. International Trade 
Commission Building, 500 E Street SW., Washington, DC. In the event 
that the Commission makes an affirmative injury determination or is 
equally divided on the question of injury in this investigation, a 
hearing on the question of remedy will be held beginning at 9:30 a.m. 
on October 3, 2017. Requests to appear at the hearings should be filed 
in writing with the Secretary to the Commission on or before August 9, 
2017 for the injury hearing, and September 27, 2017 for the remedy 
hearing. A nonparty who has testimony that may aid the Commission's 
deliberations may request permission to present a short statement at 
the hearings. All parties and nonparties desiring to appear at the 
hearings and make oral presentations should participate in prehearing 
conferences to be held on August 11, 2017 for the injury hearing and 
September 28, 2017 for the remedy hearing, if deemed necessary. Oral 
testimony and written materials to be submitted at the public hearings 
are governed by sections 201.6(b)(2) 201.13(f), and 206.5 of the 
Commission's rules. Parties must submit any request to present a 
portion of their hearing testimony in camera no later than 7 business 
days prior to the date of the respective hearings.
    Written submissions.--Each party who is an interested party may 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of sections 201.8, 206.7, and 206.8 of the 
Commission's rules. The deadline for filing prehearing briefs on injury 
is August 8, 2017; that for filing prehearing briefs on remedy, 
including any commitments pursuant to 19 U.S.C. 2252(a)(6)(B), is 
September 27, 2017. Parties may also file written testimony in 
connection with their presentation at the hearing, as provided in 
sections 201.13, 206.5, and 206.8 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of sections 
201.8, 201.13, 206.7, and 206.8 of Commission's rules. The deadline for 
filing posthearing briefs for the injury phase of the investigation is 
August 22, 2017; the deadline for filing posthearing briefs for the 
remedy phase of the investigation, if any, is October 10, 2017. In 
addition, any person who has not entered an appearance as a party to 
the investigation may submit a written statement of information 
pertinent to the consideration of injury on or before August 22, 2017, 
and pertinent to the consideration of remedy on or before October 10, 
2017. All written submissions must conform with the provisions of 
section 201.8 of the Commission's rules; any submissions that contain 
CBI must also conform with the requirements of sections 201.6 and 
206.17 of the Commission's rules. The Commission's Handbook on E-
Filing, available on the Commission's Web site at https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf, 
elaborates upon the Commission's rules with respect to electronic 
filing.
    Any additional written submission to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, will not 
be accepted unless good cause is shown for accepting such a submission, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with section 201.16(c) of the Commission's rules, 
each document filed by a party to the investigation must be served on 
all other parties to the investigation (as identified by the service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.

    Authority: This investigation is being conducted under authority 
of Section 202 of the Act; this notice is published pursuant to 
section 203(b)(3) of the Act.

    By order of the Commission.

    Issued: May 23, 2017.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2017-11013 Filed 5-31-17; 8:45 am]
BILLING CODE 7020-02-P



                                                                                 Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices                                            25331

                                                  transfers of the Domestic Like Product                  of production that your establishment(s)              INTERNATIONAL TRADE
                                                  produced in your U.S. plant(s); and                     could reasonably have expected to                     COMMISSION
                                                     (e) the value of (i) net sales, (ii) cost            attain during the year, assuming normal
                                                  of goods sold (COGS), (iii) gross profit,                                                                     [Investigation No. TA–201–75]
                                                                                                          operating conditions (using equipment
                                                  (iv) selling, general and administrative                and machinery in place and ready to                   Crystalline Silicon Photovoltaic Cells’
                                                  (SG&A) expenses, and (v) operating                      operate), normal operating levels (hours              (Whether or Not Partially or Fully
                                                  income of the Domestic Like Product                     per week/weeks per year), time for                    Assembled Into Other Products);
                                                  produced in your U.S. plant(s) (include                 downtime, maintenance, repair, and                    Institution and Scheduling of
                                                  both U.S. and export commercial sales,                  cleanup, and a typical or representative              Safeguard Investigation and
                                                  internal consumption, and company                       product mix); and                                     Determination That the Investigation Is
                                                  transfers) for your most recently
                                                                                                             (c) the quantity and value of your                 Extraordinarily Complicated
                                                  completed fiscal year (identify the date
                                                  on which your fiscal year ends).                        firm’s(s’) exports to the United States of            AGENCY:  United States International
                                                     (10) If you are a U.S. importer or a                 Subject Merchandise and, if known, an                 Trade Commission.
                                                  trade/business association of U.S.                      estimate of the percentage of total
                                                                                                                                                                ACTION: Notice of institution of
                                                  importers of the Subject Merchandise                    exports to the United States of Subject
                                                                                                                                                                investigation and scheduling of public
                                                  from any Subject Country, provide the                   Merchandise from each Subject Country                 hearings.
                                                  following information on your firm’s(s’)                accounted for by your firm’s(s’) exports.
                                                  operations on that product during                          (12) Identify significant changes, if              SUMMARY:    Following receipt of a petition
                                                  calendar year 2016 (report quantity data                any, in the supply and demand                         for import relief, as amended and
                                                  in short tons and value data in U.S.                    conditions or business cycle for the                  properly filed on May 17, 2017, the
                                                  dollars). If you are a trade/business                   Domestic Like Product that have                       Commission has instituted investigation
                                                  association, provide the information, on                occurred in the United States or in the               No. TA–201–75 pursuant to section 202
                                                  an aggregate basis, for the firms which                 market for the Subject Merchandise in                 of the Trade Act of 1974 (‘‘the Act’’) to
                                                  are members of your association.                        each Subject Country after 2011, and                  determine whether crystalline silicon
                                                     (a) The quantity and value (landed,                                                                        photovoltaic (‘‘CSPV’’) cells (whether or
                                                                                                          significant changes, if any, that are
                                                  duty-paid but not including                                                                                   not partially or fully assembled into
                                                                                                          likely to occur within a reasonably
                                                  antidumping or countervailing duties)                                                                         other products) are being imported into
                                                                                                          foreseeable time. Supply conditions to
                                                  of U.S. imports and, if known, an                                                                             the United States in such increased
                                                                                                          consider include technology;
                                                  estimate of the percentage of total U.S.                                                                      quantities as to be a substantial cause of
                                                                                                          production methods; development
                                                  imports of Subject Merchandise from                                                                           serious injury, or the threat thereof, to
                                                                                                          efforts; ability to increase production
                                                  each Subject Country accounted for by                                                                         the domestic industry producing an
                                                                                                          (including the shift of production
                                                  your firm’s(s’) imports;                                                                                      article like or directly competitive with
                                                     (b) the quantity and value (f.o.b. U.S.              facilities used for other products and the
                                                                                                          use, cost, or availability of major inputs            the imported articles. The Commission
                                                  port, including antidumping and/or                                                                            has deemed the petition, as amended, to
                                                  countervailing duties) of U.S.                          into production); and factors related to
                                                                                                                                                                have been properly filed on May 17,
                                                  commercial shipments of Subject                         the ability to shift supply among
                                                                                                                                                                2017. The Commission has determined
                                                  Merchandise imported from each                          different national markets (including
                                                                                                                                                                that this investigation is
                                                  Subject Country; and                                    barriers to importation in foreign
                                                                                                                                                                ‘‘extraordinarily complicated’’ and will
                                                     (c) the quantity and value (f.o.b. U.S.              markets or changes in market demand
                                                                                                                                                                make its injury determination within
                                                  port, including antidumping and/or                      abroad). Demand conditions to consider
                                                                                                                                                                128 days after the petition was filed, or
                                                  countervailing duties) of U.S. internal                 include end uses and applications; the
                                                                                                                                                                by September 22, 2017. The
                                                  consumption/company transfers of                        existence and availability of substitute
                                                                                                                                                                Commission will submit to the
                                                  Subject Merchandise imported from                       products; and the level of competition
                                                                                                                                                                President the report required within 180
                                                  each Subject Country.                                   among the Domestic Like Product
                                                                                                                                                                days after the date on which the petition
                                                     (11) If you are a producer, an exporter,             produced in the United States, Subject                was filed, or by November 13, 2017.
                                                  or a trade/business association of                      Merchandise produced in each Subject
                                                                                                                                                                DATES: Effective May 17, 2017.
                                                  producers or exporters of the Subject                   Country, and such merchandise from
                                                  Merchandise in any Subject Country,                     other countries.                                      FOR FURTHER INFORMATION CONTACT:
                                                  provide the following information on                                                                          Mary Messer (202–205–3193), Office of
                                                                                                             (13) (Optional) A statement of                     Investigations, U.S. International Trade
                                                  your firm’s(s’) operations on that                      whether you agree with the above
                                                  product during calendar year 2016                                                                             Commission, 500 E Street SW.,
                                                                                                          definitions of the Domestic Like Product              Washington, DC 20436. Hearing-
                                                  (report quantity data in short tons and                 and Domestic Industry; if you disagree
                                                  value data in U.S. dollars, landed and                                                                        impaired persons can obtain
                                                                                                          with either or both of these definitions,             information on this matter by contacting
                                                  duty-paid at the U.S. port but not                      please explain why and provide
                                                  including antidumping or                                                                                      the Commission’s TDD terminal on 202–
                                                                                                          alternative definitions.                              205–1810. Persons with mobility
                                                  countervailing duties). If you are a
                                                  trade/business association, provide the                   Authority: This proceeding is being                 impairments who will need special
                                                  information, on an aggregate basis, for                 conducted under authority of title VII of the         assistance in gaining access to the
                                                  the firms which are members of your                     Tariff Act of 1930; this notice is published          Commission should contact the Office
                                                  association.                                            pursuant to section 207.61 of the                     of the Secretary at 202–205–2000.
                                                     (a) Production (quantity) and, if                    Commission’s rules.                                   General information concerning the
mstockstill on DSK30JT082PROD with NOTICES




                                                  known, an estimate of the percentage of                   By order of the Commission.                         Commission may also be obtained by
                                                  total production of Subject Merchandise                                                                       accessing its internet server (https://
                                                                                                            Issued: May 24, 2017.
                                                  in each Subject Country accounted for                                                                         www.usitc.gov). The public record for
                                                                                                          Lisa R. Barton,                                       this investigation may be viewed on the
                                                  by your firm’s(s’) production;
                                                     (b) Capacity (quantity) of your firm(s)              Secretary to the Commission.                          Commission’s electronic docket (EDIS)
                                                  to produce the Subject Merchandise in                   [FR Doc. 2017–11049 Filed 5–31–17; 8:45 am]           at https://edis.usitc.gov.
                                                  each Subject Country (that is, the level                BILLING CODE 7020–02–P                                SUPPLEMENTARY INFORMATION:



                                             VerDate Sep<11>2014   18:32 May 31, 2017   Jkt 241001   PO 00000   Frm 00108   Fmt 4703   Sfmt 4703   E:\FR\FM\01JNN1.SGM   01JNN1


                                                  25332                          Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices

                                                     Background.—This investigation is                       For Customs purposes, the CSPV cells               investigation and the global supply
                                                  being instituted, pursuant to section 202               covered by the investigation are                      chains for the imported articles under
                                                  of the Act (19 U.S.C. 2252), in response                provided for under Harmonized Tariff                  investigation. Ordinarily, the
                                                  to a petition, as amended and properly                  Schedule of the United States                         Commission would have been required
                                                  filed on May 17, 2017, by Suniva, Inc.                  (‘‘HTSUS’’) subheading 8541.40.60.                    to make its injury determination within
                                                  (‘‘Suniva’’), a producer of CSPV cells                  Within that 8-digit subheading, CSPV                  120 days after the petition was filed, or
                                                  and CSPV modules in the United States.                  cells that are assembled into modules or              by September 14, 2017. The statute
                                                  Suniva seeks relief on CSPV cells                       panels are imported under HTSUS                       permits the Commission to take up to 30
                                                  (whether or not partially or fully                      statistical reporting number                          additional days to make its injury
                                                  assembled into other products).                         8541.40.6020, while CSPV cells that are               determination in an investigation where
                                                     The articles covered by this                         not assembled into modules and are                    it determines that the investigation is
                                                  investigation are CSPV cells, whether or                presented separately are imported under               extraordinarily complicated. In this
                                                  not partially or fully assembled into                   statistical reporting number                          instance, the Commission intends to
                                                  other products, including, but not                      8541.40.6030. Inverters or batteries with             take eight extra days and make its injury
                                                  limited to, modules, laminates, panels,                 CSPV cells attached can be imported                   determination by September 22, 2017.
                                                  and building-integrated materials. The                  under HTSUS subheadings 8501.61.00                       Participation in the investigation and
                                                  investigation covers crystalline silicon                and 8507.20.80, respectively. In                      public service list.—Persons (other than
                                                  photovoltaic cells of a thickness equal to              addition, CSPV cells covered by the                   petitioner) wishing to participate in the
                                                  or greater than 20 micrometers, having                  investigation may also be classifiable as             investigation as parties must file an
                                                  a p/n junction (or variant thereof)                     DC generators of subheading 8501.31.80,               entry of appearance with the Secretary
                                                  formed by any means, whether or not                     when such generators are imported with                to the Commission, as provided in
                                                  the cell has undergone other processing,                CSPV cells attached. While HTSUS                      section 201.11 of the Commission’s
                                                  including, but not limited to cleaning,                 provisions are provided for                           rules, not later than 21 days after
                                                  etching, coating, and/or addition of                    convenience, the written description of               publication of this notice in the Federal
                                                  materials (including, but not limited to,               the scope is dispositive.                             Register. The Secretary will prepare a
                                                  metallization and conductor patterns) to                   For further information concerning                 service list containing the names and
                                                  collect and forward the electricity that                the conduct of this investigation and                 addresses of all persons, or their
                                                  is generated by the cell.                               rules of general application, consult the             representatives, who are parties to this
                                                     Included in the scope of the                         Commission’s Rules of Practice and                    investigation upon the expiration of the
                                                  investigation are photovoltaic cells that               Procedure, part 201, subparts A and B                 period for filing entries of appearance.
                                                  contain crystalline silicon in addition to              (19 CFR part 201), and part 206,
                                                  other photovoltaic materials. This                                                                               Limited disclosure of confidential
                                                                                                          subparts A and B (19 CFR part 206).
                                                  includes, but is not limited to,                           Determination to institute this                    business information (CBI) under an
                                                  passivated emitter rear contact (‘‘PERC’’)              investigation.—Suniva initially                       administrative protective order (APO)
                                                  cells, heterojunction with intrinsic thin-              submitted a petition on April 26, 2017.               and CBI service list.—Pursuant to
                                                  layer (‘‘HIIT’’) cells, and other so-called             On May 1, 2017, Commission staff                      section 206.17 of the Commission’s
                                                  ‘‘hybrid’’ cells.                                       issued a letter requesting that Suniva                rules, the Secretary will make CBI
                                                     Articles under consideration also may                clarify its description of the imported               gathered in this investigation available
                                                  be described at the time of importation                 articles intended to be covered by the                to authorized applicants representing
                                                  as components for final finished                        petition, provide more details                        interested parties (as defined in 19 CFR
                                                  products that are assembled after                       concerning whether Suniva was                         206.17(a)(3)(iii)) under the APO issued
                                                  importation, including, but not limited                 ‘‘representative of an industry’’ within              in the investigation, provided that the
                                                  to, modules, laminates, panels, and                     the meaning of section 202(a)(1) of the               application is made not later than 21
                                                  building-integrated materials.                          Act (19 U.S.C. 2252(a)(1)), and supply                days after the publication of this notice
                                                     Excluded from the investigation are                  additional data on the performance                    in the Federal Register. A separate
                                                  CSPV cells, whether or not partially or                 indicators for the industry producing an              service list will be maintained by the
                                                  fully assembled into other products, if                 article like or directly competitive with             Secretary for those parties authorized to
                                                  the CSPV cells were manufactured in                     the imported article. On May 12, 2017,                receive CBI under the APO.
                                                  the United States.                                      Suniva provided additional information                   The Commission may include CBI in
                                                     Also excluded from the investigation                 to support its allegations. On May 17,                the reports it sends to the President and
                                                  are thin film photovoltaic products                     2017, Suniva further amended its                      to the U.S. Trade Representative.
                                                  produced from amorphous silicon (a-Si),                 petition and provided a revised                       Additionally, all information, including
                                                  cadmium telluride (CdTe), or copper                     description of the imported articles. The             CBI, submitted in this investigation may
                                                  indium gallium selenide (CIGS).                         Commission determined that the                        be disclosed to and used by (i) the
                                                     Also excluded from the scope of the                  petition, as amended, was properly filed              Commission, its employees and Offices,
                                                  investigation are crystalline silicon                   as of May 17, 2017.                                   and contract personnel (a) for
                                                  photovoltaic cells, not exceeding                          Determination that investigation is                developing or maintaining the records
                                                  10,000mm2 in surface area, that are                     extraordinarily complicated.—The                      of this or a related proceeding, or (b) in
                                                  permanently integrated into a consumer                  Commission has determined that this                   internal investigations, audits, reviews,
                                                  good whose function is other than                       investigation is ‘‘extraordinarily                    and evaluations relating to the
                                                  power generation and that consumes the                  complicated’’ within the meaning of                   programs, personnel, and operations of
                                                  electricity generated by the integrated                 section 202(b)(2)(B) of the Act (19 U.S.C.            the Commission including under 5
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                                                  crystalline silicon photovoltaic cell.                  2252(b)(2)(B)). The Commission’s                      U.S.C. Appendix 3; or (ii) by U.S.
                                                  Where more than one cell is                             decision to designate this investigation              government employees and contract
                                                  permanently integrated into a consumer                  ‘‘extraordinarily complicated’’ is based              personnel for cybersecurity purposes.
                                                  good, the surface area for purposes of                  on the complexity of the issues,                      The Commission will not otherwise
                                                  this exclusion shall be the total                       including the existence of antidumping                disclose any CBI in a manner that would
                                                  combined surface area of all cells that                 and/or countervailing duty orders on                  reveal the operations of the firm
                                                  are integrated into the consumer good.                  certain imports covered by this                       supplying the information.


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                                                                                 Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices                                               25333

                                                    Hearings on injury and remedy.—The                    statement of information pertinent to                 Media Manufacturing Corporation of
                                                  Commission has scheduled separate                       the consideration of injury on or before              Japan; Sony DADC US Inc. of Terre
                                                  hearings in connection with the injury                  August 22, 2017, and pertinent to the                 Haute, Indiana; and Sony Latin America
                                                  and remedy phases of this investigation.                consideration of remedy on or before                  Inc. of Miami, Florida. Supplements to
                                                  The hearing on injury will be held                      October 10, 2017. All written                         the Complaint were filed on May 2,
                                                  beginning at 9:30 a.m. on August 15,                    submissions must conform with the                     2017 and May 19, 2017. The complaint,
                                                  2017, at the U.S. International Trade                   provisions of section 201.8 of the                    as supplemented, alleges violations of
                                                  Commission Building, 500 E Street SW.,                  Commission’s rules; any submissions                   section 337 based upon the importation
                                                  Washington, DC. In the event that the                   that contain CBI must also conform with               into the United States, the sale for
                                                  Commission makes an affirmative injury                  the requirements of sections 201.6 and                importation, and the sale within the
                                                  determination or is equally divided on                  206.17 of the Commission’s rules. The                 United States after importation of
                                                  the question of injury in this                          Commission’s Handbook on E-Filing,                    certain magnetic tape cartridges and
                                                  investigation, a hearing on the question                available on the Commission’s Web site                components thereof by reason of
                                                  of remedy will be held beginning at 9:30                at https://www.usitc.gov/secretary/                   infringement of certain claims of U.S.
                                                  a.m. on October 3, 2017. Requests to                    documents/handbook_on_filing_                         Patent No. 6,674,596 (‘‘the ’596 patent’’);
                                                  appear at the hearings should be filed in               procedures.pdf, elaborates upon the                   U.S. Patent No. 6,979,501 (‘‘the ’501
                                                  writing with the Secretary to the                       Commission’s rules with respect to                    patent’’); and U.S. Patent No. 7,029,774
                                                  Commission on or before August 9, 2017                  electronic filing.                                    (‘‘the ’774 patent’’). The complaint
                                                  for the injury hearing, and September                      Any additional written submission to               further alleges that an industry in the
                                                  27, 2017 for the remedy hearing. A                      the Commission, including requests                    United States exists as required by the
                                                  nonparty who has testimony that may                     pursuant to section 201.12 of the                     applicable Federal Statute.
                                                  aid the Commission’s deliberations may                  Commission’s rules, will not be                          The complainants request that the
                                                  request permission to present a short                   accepted unless good cause is shown for               Commission institute an investigation
                                                  statement at the hearings. All parties                  accepting such a submission, or unless                and, after the investigation, issue a
                                                  and nonparties desiring to appear at the                the submission is pursuant to a specific              limited exclusion order and cease and
                                                  hearings and make oral presentations                    request by a Commissioner or                          desist orders.
                                                  should participate in prehearing                        Commission staff.                                     ADDRESSES: The complaint, except for
                                                  conferences to be held on August 11,                       In accordance with section 201.16(c)               any confidential information contained
                                                  2017 for the injury hearing and                         of the Commission’s rules, each                       therein, is available for inspection
                                                  September 28, 2017 for the remedy                       document filed by a party to the                      during official business hours (8:45 a.m.
                                                  hearing, if deemed necessary. Oral                      investigation must be served on all other             to 5:15 p.m.) in the Office of the
                                                  testimony and written materials to be                   parties to the investigation (as identified           Secretary, U.S. International Trade
                                                  submitted at the public hearings are                    by the service list), and a certificate of            Commission, 500 E Street SW., Room
                                                  governed by sections 201.6(b)(2)                        service must be timely filed. The                     112, Washington, DC 20436, telephone
                                                  201.13(f), and 206.5 of the                             Secretary will not accept a document for              (202) 205–2000. Hearing impaired
                                                  Commission’s rules. Parties must submit                 filing without a certificate of service.              individuals are advised that information
                                                  any request to present a portion of their                 Authority: This investigation is being              on this matter can be obtained by
                                                  hearing testimony in camera no later                    conducted under authority of Section 202 of           contacting the Commission’s TDD
                                                  than 7 business days prior to the date of               the Act; this notice is published pursuant to         terminal on (202) 205–1810. Persons
                                                  the respective hearings.                                section 203(b)(3) of the Act.                         with mobility impairments who will
                                                    Written submissions.—Each party                         By order of the Commission.                         need special assistance in gaining access
                                                  who is an interested party may submit                     Issued: May 23, 2017.                               to the Commission should contact the
                                                  a prehearing brief to the Commission.                   Katherine M. Hiner,                                   Office of the Secretary at (202) 205–
                                                  Prehearing briefs must conform with the                                                                       2000. General information concerning
                                                                                                          Supervisory Attorney.
                                                  provisions of sections 201.8, 206.7, and                                                                      the Commission may also be obtained
                                                                                                          [FR Doc. 2017–11013 Filed 5–31–17; 8:45 am]
                                                  206.8 of the Commission’s rules. The                                                                          by accessing its internet server at
                                                                                                          BILLING CODE 7020–02–P
                                                  deadline for filing prehearing briefs on                                                                      https://www.usitc.gov. The public
                                                  injury is August 8, 2017; that for filing                                                                     record for this investigation may be
                                                  prehearing briefs on remedy, including                                                                        viewed on the Commission’s electronic
                                                                                                          INTERNATIONAL TRADE
                                                  any commitments pursuant to 19 U.S.C.                                                                         docket (EDIS) at https://edis.usitc.gov.
                                                                                                          COMMISSION
                                                  2252(a)(6)(B), is September 27, 2017.                                                                         FOR FURTHER INFORMATION CONTACT: The
                                                  Parties may also file written testimony                 [Investigation No. 337–TA–1058]                       Office of Unfair Import Investigations,
                                                  in connection with their presentation at                                                                      U.S. International Trade Commission,
                                                  the hearing, as provided in sections                    Certain Magnetic Tape Cartridges and                  telephone (202) 205–2560.
                                                  201.13, 206.5, and 206.8 of the                         Components Thereof Institution of
                                                                                                          Investigation                                           Authority: The authority for institution of
                                                  Commission’s rules, and posthearing                                                                           this investigation is contained in section 337
                                                  briefs, which must conform with the                     AGENCY: U.S. International Trade                      of the Tariff Act of 1930, as amended, 19
                                                  provisions of sections 201.8, 201.13,                   Commission.                                           U.S.C. 1337 and in section 210.10 of the
                                                  206.7, and 206.8 of Commission’s rules.                                                                       Commission’s Rules of Practice and
                                                                                                          ACTION: Notice.
                                                  The deadline for filing posthearing                                                                           Procedure, 19 CFR 210.10 (2017).
                                                  briefs for the injury phase of the                      SUMMARY:   Notice is hereby given that a                Scope of Investigation: Having
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                                                  investigation is August 22, 2017; the                   complaint was filed with the U.S.                     considered the complaint, the U.S.
                                                  deadline for filing posthearing briefs for              International Trade Commission on                     International Trade Commission, on
                                                  the remedy phase of the investigation, if               April 28, 2017, under section 337 of the              May 25, 2017, Ordered that—
                                                  any, is October 10, 2017. In addition,                  Tariff Act of 1930, as amended, on                      (1) Pursuant to subsection (b) of
                                                  any person who has not entered an                       behalf of Sony Corporation of Japan;                  section 337 of the Tariff Act of 1930, as
                                                  appearance as a party to the                            Sony Storage Media Solutions                          amended, an investigation be instituted
                                                  investigation may submit a written                      Corporation of Japan; Sony Storage                    to determine whether there is a


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Document Created: 2017-06-01 03:04:45
Document Modified: 2017-06-01 03:04:45
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
ActionNotice of institution of investigation and scheduling of public hearings.
DatesEffective May 17, 2017.
ContactMary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205- 1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https:// edis.usitc.gov.
FR Citation82 FR 25331 

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