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)

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, 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.

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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