82_FR_52493 82 FR 52276 - Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Notice of Court Decision Not in Harmony With Amended Final Affirmative Countervailing Duty Determination

82 FR 52276 - Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Notice of Court Decision Not in Harmony With Amended Final Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 217 (November 13, 2017)

Page Range52276-52277
FR Document2017-24516

On September 8, 2017, the United States Court of International Trade (CIT) entered final judgment sustaining the Department of Commerce's (the Department's) final results of remand redetermination pertaining to the countervailing duty (CVD) investigation of certain crystalline silicon photovoltaic products (solar products) from the People's Republic of China (PRC). The Department is notifying the public that the CIT's final judgment in this case is not in harmony with the Department's final determination, as amended, in the CVD investigation of solar products from the PRC.

Federal Register, Volume 82 Issue 217 (Monday, November 13, 2017) 
[Federal Register Volume 82, Number 217 (Monday, November 13, 2017)]
[Notices]
[Pages 52276-52277]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24516]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-011]


Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China: Notice of Court Decision Not in Harmony 
With Amended Final Affirmative Countervailing Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On September 8, 2017, the United States Court of International 
Trade (CIT) entered final judgment sustaining the Department of 
Commerce's (the Department's) final results of remand redetermination 
pertaining to the countervailing duty (CVD) investigation of certain 
crystalline silicon photovoltaic products (solar products) from the 
People's Republic of China (PRC). The Department is notifying the 
public that the CIT's final judgment in this case is not in harmony 
with the Department's final determination, as amended, in the CVD 
investigation of solar products from the PRC.

DATES: Applicable September 18, 2017.

FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone (202) 482-3586.

SUPPLEMENTARY INFORMATION: 

Background

    On December 23, 2014, the Department published its final 
determination in the CVD investigation of solar products from the 
PRC.\1\ On February 18, 2015, the Department published an amended final 
determination and CVD order.\2\ In the Final Determination, the 
Department found that certain unreported assistance discovered during 
the investigation was countervailable using adverse facts available 
(AFA) pursuant to section 776 of the Tariff Act of 1930, as amended 
(the Act).\3\ Additionally, the Department determined not to initiate 
investigations into the mandatory respondents' creditworthinesss in 
certain years, finding that SolarWorld Americas, Inc.'s (SolarWorld) 
creditworthiness allegation failed to satisfy the threshold initiation 
requirements of 19 CFR 351.505(a)(6)(i).\4\ In the Amended Final 
Determination, the Department found that it made a ministerial error in 
countervailing one of the unreported programs, and removed that program 
from the net countervailable subsidy rate calculated for Changzhou 
Trina Solar Energy Co., Ltd. (Trina Solar).\5\
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    \1\ See Countervailing Duty Investigation of Certain Crystalline 
Silicon Photovoltaic Products from the People's Republic of China: 
Final Affirmative Countervailing Duty Determination, 79 FR 76962 
(December 23, 2014) (Final Determination).
    \2\ See Certain Crystalline Silicon Photovoltaic Products from 
the People's Republic of China: Antidumping Duty Order; and Amended 
Final Affirmative Countervailing Duty Determination and 
Countervailing Duty Order, 80 FR 8592 (February 18, 2015) (Amended 
Final Determination).
    \3\ See Final Determination, and accompanying Issues and 
Decision Memorandum at Comment 15.
    \4\ Id. at Comment 17.
    \5\ See Amended Final Determination, 80 FR at 8593.
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    Trina Solar and SolarWorld appealed the Amended Final Determination 
to the CIT, and on December 30, 2016, the CIT

[[Page 52277]]

sustained, in part, and remanded, in part, the Amended Final 
Determination.\6\ First, the CIT remanded the Amended Final 
Determination for the Department to make the necessary factual findings 
to support its determinations, based upon AFA, to countervail the 
unreported government subsidies discovered during the investigation.\7\ 
The CIT further held that should the Department continue to find those 
government subsidies countervailable on remand, the Department must 
then explain how it selected the AFA rates for those subsidies.\8\ 
Second, the CIT granted the Department's request for a voluntary remand 
to reconsider its determination not to initiate creditworthiness 
investigations for Trina Solar and the other mandatory company 
respondent, Wuxi Suntech Power Co., Ltd. (Suntech).
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    \6\ See Changzhou Trina Solar Energy Co., Ltd. et al. v. United 
States, Consol. Court No. 15-00068; Slip Op. 16-121 (CIT December 
30, 2016) (Remand Opinion and Order).
    \7\ Id. at 24-25.
    \8\ Id. at 26-28.
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    In accordance with the CIT's remand order, the Department 
reconsidered these issues and submitted its Final Remand Results with 
the CIT on April 28, 2017.\9\ In the Final Remand Results, the 
Department continued to countervail all but one of the unreported 
programs using AFA. The Department also revised its determination 
regarding whether to initiate creditworthiness investigations for Trina 
Solar and Suntech, in part, and ultimately found Trina Solar and 
Suntech to be uncreditworthy in certain years. As a result of these 
changes, on remand, the Department determined revised countervailable 
subsidy rates of 39.50 percent for Trina Solar, 27.65 percent for 
Suntech, and 33.58 percent for all other producers/exporters of solar 
products from the PRC.\10\ On September 8, 2017, the CIT sustained the 
Department's Final Remand Results in full.\11\
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    \9\ See Final Results of Redetermination Pursuant to Court 
Remand, Changzhou Trina Solar Energy Co., Ltd. et al. v. United 
States, Consol. Court No. 15-00068; Slip Op. 161-121 (April 28, 
2017) (Final Remand Results).
    \10\ See Final Remand Results at 48.
    \11\ See Changzhou Trina Solar Energy Co., Ltd. et al., v. 
United States, Consol. Court No. 15-00068; Slip Op. 17-122 (CIT 
September 8, 2017).
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Timken Notice

    In its decision in Timken,\12\ as clarified in Diamond 
Sawblades,\13\ the Court of Appeals for the Federal Circuit held that, 
pursuant to section 516A(e) of 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 September 8, 2017, judgment 
sustaining the Final Remand Results constitutes a final decision of the 
CIT that is not in harmony with the Department's Amended Final 
Determination. This notice is published in fulfillment of the 
publication requirement of Timken.
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    \12\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \13\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d. 1374 (Fed. Cir. 2010) Diamond Sawblades.
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Amended Final Determination

    As there is now a final court decision with respect to the Amended 
Final Determination, the Department amends its Amended Final 
Determination. The Department finds that the revised net 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                                Subsidy
                                                               rate (ad
                           Company                             valorem)
                                                                  (%)
------------------------------------------------------------------------
Changzhou Trina Solar Energy Co., Ltd.......................       33.50
Wuxi Suntech Power Co., Ltd.................................       27.65
All Others..................................................       33.58
------------------------------------------------------------------------

Cash Deposit Requirements

    Because there has been a subsequent administrative review for Trina 
Solar, the cash deposit rate for Trina Solar will remain the rate 
established in the final results of the administrative review of solar 
products from the PRC covering the period June 10, 2014, through 
December 31, 2015, which is 13.93 percent.\14\ As there have been no 
subsequent administrative reviews for Suntech, the Department will 
instruct U.S. Customs and Border Protection (CBP) to set the cash 
deposit rate for Suntech as listed above.
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    \14\ See Certain Crystalline Silicon Photovoltaic Products from 
the People's Republic of China: Final Results of Countervailing Duty 
Administrative Review, and Partial Rescission of Countervailing Duty 
Administrative Review; 2014-2015, 82 FR 42792 (September 12, 2017).
---------------------------------------------------------------------------

    Finally, the Department will instruct CBP that the all-others cash 
deposit rate is to be amended to reflect the simple average of the 
revised subsidy rates calculated for Trina Solar and for Suntech, as 
listed above.
    This notice is issued and published in accordance with sections 
516(e), 705(c)(1)(B), and 777(i)(1) of the Act.

     Dated: November 6, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, Performing the Non-exclusive Functions and Duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-24516 Filed 11-9-17; 8:45 am]
 BILLING CODE 3510-DS-P

52276 Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Notices Scope of the Orders purposes. The written product (CVD) investigation of certain description remains dispositive.7 crystalline silicon photovoltaic products Large Diameter Pipe From Japan (solar products) from the People’s The products covered by this order Continuation of the Orders Republic of China (PRC). The are large diameter seamless carbon and As a result of these determinations by Department is notifying the public that alloy (other than stainless) steel the Department and the USITC that the CIT’s final judgment in this case is standard, line, and pressure pipes. The revocation of the antidumping duty not in harmony with the Department’s seamless pipes subject to this order are orders would be likely to lead to final determination, as amended, in the currently classifiable under the continuation or recurrence of dumping CVD investigation of solar products subheadings 7304.10.10.30, and material injury to an industry in the from the PRC. 7304.10.10.45, 7304.10.10.60, United States, pursuant to section DATES: Applicable September 18, 2017. 7304.10.50.50, 7304.19.10.30, 751(d)(2) of the Act, the Department FOR FURTHER INFORMATION CONTACT: 7304.19.10.45, 7304.19.10.60, hereby orders the continuation of the Gene H. Calvert, AD/CVD Operations, 7304.19.50.50, 7304.31.60.10, antidumping orders on large diameter Office VII, Enforcement and 7304.31.60.50, 7304.39.00.04, pipe from Japan and small diameter Compliance, International Trade 7304.39.00.06, 7304.39.00.08, pipe from Japan and Romania. U.S. Administration, U.S. Department of 7304.39.00.36, 7304.39.00.40, Customs and Border Protection will Commerce, 1401 Constitution Avenue 7304.39.00.44, 7304.39.00.48, continue to collect antidumping duty NW., Washington, DC 20230; telephone 7304.39.00.52, 7304.39.00.56, cash deposits at the rates in effect at the (202) 482–3586. 7304.39.00.62, 7304.39.00.68, time of entry for all imports of subject SUPPLEMENTARY INFORMATION: 7304.39.00.72, 7304.51.50.15, merchandise. The effective date of the 7304.51.50.45, 7304.51.50.60, continuation of these orders will be the Background 7304.59.20.30, 7304.59.20.55, date of publication in the Federal On December 23, 2014, the 7304.59.20.60, 7304.59.20.70, Register of this notice of continuation. Department published its final 7304.59.60.00, 7304.59.80.30, Pursuant to section 751(c)(2) of the Act, determination in the CVD investigation 7304.59.80.35, 7304.59.80.40, the Department intends to initiate the of solar products from the PRC.1 On 7304.59.80.45, 7304.59.80.50, next five-year review of the orders not February 18, 2015, the Department 7304.59.80.55, 7304.59.80.60, later than 30 days prior to the fifth published an amended final 7304.59.80.65, and 7304.59.80.70 of the anniversary of the effective date of determination and CVD order.2 In the Harmonized Tariff Schedule of the continuation. Final Determination, the Department United States (HTSUS). The HTSUS These five-year (sunset) reviews and found that certain unreported assistance subheading is provided for convenience this notice are in accordance with discovered during the investigation was and customs purposes. The written section 751(c) of the Act and published countervailable using adverse facts product description remains pursuant to section 777(i)(1) of the Act. available (AFA) pursuant to section 776 dispositive.6 Dated: November 6, 2017. of the Tariff Act of 1930, as amended Gary Taverman, (the Act).3 Additionally, the Department Small Diameter Pipe From Japan and Deputy Assistant Secretary for Antidumping determined not to initiate investigations Romania and Countervailing Duty Operations, into the mandatory respondents’ The products covered by these orders Performing the Non-exclusive Functions and creditworthinesss in certain years, include small diameter seamless carbon Duties of the Assistant Secretary for finding that SolarWorld Americas, Inc.’s and alloy (other than stainless) steel Enforcement and Compliance. (SolarWorld) creditworthiness standard, line, and pressure pipes and [FR Doc. 2017–24515 Filed 11–9–17; 8:45 am] allegation failed to satisfy the threshold redraw hollows. The seamless pipes BILLING CODE 3510–DS–P initiation requirements of 19 CFR subject to these orders are currently 351.505(a)(6)(i).4 In the Amended Final classifiable under the subheadings Determination, the Department found 7304.10.10.20, 7304.10.50.20, DEPARTMENT OF COMMERCE that it made a ministerial error in 7304.19.10.20, 7304.19.50.20, countervailing one of the unreported 7304.31.30.00, 7304.31.60.50, International Trade Administration programs, and removed that program 7304.39.00.16, 7304.39.00.20, [C–570–011] from the net countervailable subsidy 7304.39.00.24, 7304.39.00.28, rate calculated for Changzhou Trina 7304.39.00.32, 7304.51.50.05, Certain Crystalline Silicon Photovoltaic Solar Energy Co., Ltd. (Trina Solar).5 7304.51.50.60, 7304.59.60.00, Products From the People’s Republic Trina Solar and SolarWorld appealed 7304.59.80.10, 7304.59.80.15, of China: Notice of Court Decision Not the Amended Final Determination to the 7304.59.80.20, and 7304.59.80.25 of the in Harmony With Amended Final CIT, and on December 30, 2016, the CIT HTSUS. The HTSUS subheading is Affirmative Countervailing Duty provided for convenience and customs Determination 1 See Countervailing Duty Investigation of Certain Crystalline Silicon Photovoltaic Products from the AGENCY: Enforcement and Compliance, People’s Republic of China: Final Affirmative Pressure Pipe from Japan and Romania, Investigation Nos. 731–TA–847 and 849 (Third International Trade Administration, Countervailing Duty Determination, 79 FR 76962 Review). Department of Commerce. (December 23, 2014) (Final Determination). 2 See Certain Crystalline Silicon Photovoltaic asabaliauskas on DSKBBXCHB2PROD with NOTICES 6 A full description of the scope of the order is SUMMARY: On September 8, 2017, the contained in the Memorandum, ‘‘Issues and Products from the People’s Republic of China: United States Court of International Antidumping Duty Order; and Amended Final Decision Memorandum for the Final Results of the Expedited Third Sunset Reviews of the Trade (CIT) entered final judgment Affirmative Countervailing Duty Determination and Antidumping Duty Orders on Certain Large sustaining the Department of Countervailing Duty Order, 80 FR 8592 (February 18, 2015) (Amended Final Determination). Diameter Carbon and Alloy Seamless Standard, Commerce’s (the Department’s) final 3 See Final Determination, and accompanying Line and Pressure Pipe from Japan (A–588–850), results of remand redetermination Certain Small Diameter Carbon and Alloy Seamless Issues and Decision Memorandum at Comment 15. Standard, Line and Pressure Pipe from Japan (A– pertaining to the countervailing duty 4 Id. at Comment 17. 588–851) and Romania (A–485–805),’’ dated 5 See Amended Final Determination, 80 FR at December 15, 2016. 7 Id. 8593. VerDate Sep<11>2014 18:38 Nov 09, 2017 Jkt 244001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\13NON1.SGM 13NON1

Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Notices 52277 sustained, in part, and remanded, in Court of Appeals for the Federal Circuit Dated: November 6, 2017. part, the Amended Final held that, pursuant to section 516A(e) of Gary Taverman, Determination.6 First, the CIT remanded the Act, the Department must publish a Deputy Assistant Secretary for Antidumping the Amended Final Determination for notice of a court decision that is not ‘‘in and Countervailing Duty Operations, the Department to make the necessary harmony’’ with a Department Performing the Non-exclusive Functions and factual findings to support its Duties of the Assistant Secretary for determination and must suspend determinations, based upon AFA, to Enforcement and Compliance. liquidation of entries pending a countervail the unreported government ‘‘conclusive’’ court decision. The CIT’s [FR Doc. 2017–24516 Filed 11–9–17; 8:45 am] subsidies discovered during the September 8, 2017, judgment sustaining BILLING CODE 3510–DS–P investigation.7 The CIT further held that the Final Remand Results constitutes a should the Department continue to find final decision of the CIT that is not in DEPARTMENT OF COMMERCE those government subsidies countervailable on remand, the harmony with the Department’s Department must then explain how it Amended Final Determination. This International Trade Administration selected the AFA rates for those notice is published in fulfillment of the publication requirement of Timken. United States Travel and Tourism subsidies.8 Second, the CIT granted the Advisory Board: Meeting of the United Department’s request for a voluntary Amended Final Determination States Travel and Tourism Advisory remand to reconsider its determination Board not to initiate creditworthiness As there is now a final court decision investigations for Trina Solar and the with respect to the Amended Final AGENCY: International Trade other mandatory company respondent, Determination, the Department amends Administration, U.S. Department of Wuxi Suntech Power Co., Ltd. its Amended Final Determination. The Commerce. (Suntech). Department finds that the revised net ACTION: Notice of an open meeting. In accordance with the CIT’s remand countervailable subsidy rates exist: order, the Department reconsidered SUMMARY: The United States Travel and these issues and submitted its Final Subsidy Tourism Advisory Board (Board or Remand Results with the CIT on April rate (ad TTAB) will hold an open meeting via Company teleconference on Wednesday, 28, 2017.9 In the Final Remand Results, valorem) the Department continued to (%) November 29, 2017. The Board advises countervail all but one of the unreported the Secretary of Commerce on matters programs using AFA. The Department Changzhou Trina Solar Energy relating to the U.S. travel and tourism Co., Ltd ................................... 33.50 also revised its determination regarding industry. The purpose of the meeting is Wuxi Suntech Power Co., Ltd .... 27.65 whether to initiate creditworthiness for Board members to consider All Others .................................... 33.58 investigations for Trina Solar and recommendations being developed by Suntech, in part, and ultimately found the Hurricane Recovery subcommittee Trina Solar and Suntech to be Cash Deposit Requirements on how to accelerate recovery in uncreditworthy in certain years. As a Because there has been a subsequent destinations affected by the recent result of these changes, on remand, the administrative review for Trina Solar, hurricanes. The final agenda will be Department determined revised the cash deposit rate for Trina Solar will posted on the Department of Commerce countervailable subsidy rates of 39.50 Web site for the Board at http:// remain the rate established in the final percent for Trina Solar, 27.65 percent trade.gov/ttab at least one week in for Suntech, and 33.58 percent for all results of the administrative review of advance of the meeting. other producers/exporters of solar solar products from the PRC covering DATES: Wednesday, November 29, 2017, products from the PRC.10 On September the period June 10, 2014, through 4:00 p.m.–5:00 p.m. EST. The deadline 8, 2017, the CIT sustained the December 31, 2015, which is 13.93 for members of the public to register, Department’s Final Remand Results in percent. As there have been no 14 including requests to make comments full.11 subsequent administrative reviews for during the meeting and for auxiliary Suntech, the Department will instruct aids, or to submit written comments for Timken Notice U.S. Customs and Border Protection dissemination prior to the meeting, is In its decision in Timken,12 as (CBP) to set the cash deposit rate for 5:00 p.m. EST on Wednesday, clarified in Diamond Sawblades,13 the Suntech as listed above. November 22, 2017. 6 See Changzhou Trina Solar Energy Co., Ltd. et Finally, the Department will instruct ADDRESSES: The meeting will be held al. v. United States, Consol. Court No. 15–00068; CBP that the all-others cash deposit rate via conference call. The call-in number Slip Op. 16–121 (CIT December 30, 2016) (Remand is to be amended to reflect the simple and passcode will be provided by email Opinion and Order). average of the revised subsidy rates to registrants. Requests to register 7 Id. at 24–25. 8 Id. at 26–28. calculated for Trina Solar and for (including to speak or for auxiliary aids) 9 See Final Results of Redetermination Pursuant Suntech, as listed above. and any written comments should be submitted to: National Travel and to Court Remand, Changzhou Trina Solar Energy This notice is issued and published in Co., Ltd. et al. v. United States, Consol. Court No. Tourism Office, U.S. Department of accordance with sections 516(e), 15–00068; Slip Op. 161–121 (April 28, 2017) (Final Commerce, 1401 Constitution Ave. NW., asabaliauskas on DSKBBXCHB2PROD with NOTICES Remand Results). 705(c)(1)(B), and 777(i)(1) of the Act. 10 See Final Remand Results at 48. Room 10003, Washington, DC 20230 or 11 See Changzhou Trina Solar Energy Co., Ltd. et by email to TTAB@trade.gov. Members al., v. United States, Consol. Court No. 15–00068; of the public are encouraged to submit Slip Op. 17–122 (CIT September 8, 2017). 14 See Certain Crystalline Silicon Photovoltaic registration requests and written 12 See Timken Co. v. United States, 893 F.2d 337, Products from the People’s Republic of China: Final comments via email to ensure timely 341 (Fed. Cir. 1990) (Timken). Results of Countervailing Duty Administrative receipt. 13 See Diamond Sawblades Mfrs. Coalition v. Review, and Partial Rescission of Countervailing United States, 626 F.3d. 1374 (Fed. Cir. 2010) Duty Administrative Review; 2014–2015, 82 FR FOR FURTHER INFORMATION CONTACT: Diamond Sawblades. 42792 (September 12, 2017). Brian Beall, the United States Travel VerDate Sep<11>2014 18:38 Nov 09, 2017 Jkt 244001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\13NON1.SGM 13NON1


Document Created: 2017-11-10 01:18:19
Document Modified: 2017-11-10 01:18:19
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
DatesApplicable September 18, 2017.
ContactGene H. Calvert, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-3586.
FR Citation82 FR 52276 
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