82_FR_55616 82 FR 55393 - Crystalline Silicon Photovoltaic Cells (Whether or Not Partially or Fully Assembled Into Other Products)

82 FR 55393 - Crystalline Silicon Photovoltaic Cells (Whether or Not Partially or Fully Assembled Into Other Products)

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 223 (November 21, 2017)

Page Range55393-55395
FR Document2017-25134

Section 202(f)(3) of the Trade Act of 1974 requires that the United States International Trade Commission (``Commission'') publish in the Federal Register a summary of each report that it submits to the President under section 202(f)(1) of the Trade Act of 1974. Set forth below is a summary of the report that the Commission submitted to the President on November 13, 2017, on investigation No. TA-201-75, Crystalline Silicon Photovoltaic Cells (Whether or Not Partially or Fully Assembled into Other Products). The Commission conducted the investigation under section 202(b) of the Trade Act of 1974 following receipt of a petition properly filed on May 17, 2017. The full text of the report (with the exception of confidential business information) will be posted on the Commission's Web site at https://www.usitc.gov.

Federal Register, Volume 82 Issue 223 (Tuesday, November 21, 2017)
[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Notices]
[Pages 55393-55395]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25134]


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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)

AGENCY: United States International Trade Commission.

ACTION: Publication of summary of the Commission's report on the 
investigation.

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

SUMMARY: Section 202(f)(3) of the Trade Act of 1974 requires that the 
United States International Trade Commission (``Commission'') publish 
in the Federal Register a summary of each report that it submits to the 
President under section 202(f)(1) of the Trade Act of 1974. Set forth 
below is a summary of the report that the Commission submitted to the 
President on November 13, 2017, on investigation No. TA-201-75, 
Crystalline Silicon Photovoltaic Cells (Whether or Not Partially or 
Fully Assembled into Other Products). The Commission conducted the 
investigation under section 202(b) of the Trade Act of 1974 following 
receipt of a petition properly filed on May 17, 2017. The full text of 
the report (with the exception of confidential business information) 
will be posted on the Commission's Web site at https://www.usitc.gov.

DATES: November 13, 2017: Transmittal of the Commission's report to the 
President.

ADDRESSES: United States International Trade Commission, 500 E Street 
SW., Washington, DC 20436. The public record for this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436. The media should contact Margaret O'Laughlin, 
Office of External Relations (202-205-1819 or 
[email protected]). Hearing-impaired individuals may obtain 
information on this matter by contacting the Commission's TDD terminal 
at 202-205-1810. General information concerning the Commission may also 
be obtained by accessing its Web site (https://www.usitc.gov). Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
202-205-2002.

SUPPLEMENTARY INFORMATION: 
    Procedural summary: Effective May 17, 2017, the Commission 
instituted this investigation under section 202(b) of the Trade Act to 
determine whether Crystalline Silicon Photovoltaic 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 article. The Commission instituted the investigation 
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. On May 25, 2017, SolarWorld Americas 
publicly stated its support for the petition as a co-petitioner.
    Notice of the institution of the Commission's investigation and of 
the scheduling of public hearings to be held in connection therewith 
was given by posting copies of the notice in the Office of the 
Secretary, U.S. International Trade Commission, Washington, DC, and by 
publishing the notice in the Federal Register (82 FR 25331 (June 1, 
2017)). The public hearing in connection with the injury phase of the 
investigation was held on August 15, 2017, in Washington, DC, and the 
public hearing in connection with the remedy phase of the investigation 
was held on October 3, 2017, in Washington, DC; all persons who 
requested the opportunity were permitted to appear in person or by 
counsel. The Commission voted with respect to injury issues on 
September 22, 2017, and with respect to remedy issues on October 31, 
2017.
    The Commission submitted its report to the President on November 
13, 2017. The report included the Commission's injury determination and 
remedy recommendations, an explanation of the basis for the 
determination and remedy recommendations, and a summary of the 
information obtained in the investigation.
    Determination: On the basis of information developed in the subject 
investigation, the Commission determined pursuant to section 202(b) of 
the Trade Act of 1974 that crystalline silicon photovoltaic cells 
(whether or not partially or fully assembled into other products) 
(``CSPV products'') are being imported into the United States in such 
increased quantities as to be a substantial cause of serious injury to 
the domestic industry producing an article like or directly competitive 
with the imported article.
    Having made an affirmative injury determination pursuant to section

[[Page 55394]]

202(b) of the Trade Act of 1974, the Commission was required to make 
certain additional findings under the implementing statutes of certain 
free trade agreements (``FTAs'') or under statutory provisions related 
to certain preferential trade programs. Under section 311(a) of the 
NAFTA Implementation Act (19 U.S.C. 3371(a)), the Commission found that 
imports of CSPV products from Mexico account for a substantial share of 
total imports and contribute importantly to the serious injury caused 
by imports. Under 19 U.S.C. 3371(a), the Commission also found, with 
Chairman Rhonda K. Schmidtlein dissenting, that imports of CSPV 
products from Canada do not account for a substantial share of total 
imports and do not contribute importantly to the serious injury caused 
by imports. The Commission further found that imports of CSPV products 
from Korea are a substantial cause of threat of serious injury, but 
that imports of CSPV products from Australia, the U.S.-Dominican 
Republic--Central America Free Trade Agreement (``CAFTA-DR'') 
countries, Colombia, Jordan, Panama, Peru, and Singapore, individually, 
are not a substantial cause of serious injury or threat thereof, under 
the respective implementing legislation for the FTAs with these 
countries. See 19 U.S.C. 2112 note (Jordan); 19 U.S.C. 3805 note 
(Australia, Colombia, Korea, Panama, Peru, Singapore); 19 U.S.C. 4101 
(CAFTA-DR). The Commission also found that the serious injury 
substantially caused by imports to the domestic industry producing a 
like or directly competitive article does not result from the reduction 
or elimination of any duty provided for under the U.S.-Israel Free 
Trade Agreement or from duty-free treatment provided for under the 
Caribbean Basin Economic Recovery Act (``CBERA'') provisions of the 
Caribbean Basin Initiative Trade Program or the Generalized System of 
Preferences (``GSP'') program. 19 U.S.C. 2112 note (Israel); 19 U.S.C. 
2703(e) (CBERA); 19 U.S.C. 2253(e)(6) (GSP).
    Remedy recommendations. In order to address the serious injury to 
the domestic industry producing CSPV products and be most effective in 
facilitating the efforts of the domestic industry to make a positive 
adjustment to import competition, the Commission recommended a series 
of actions.
    With regard to CSPV cells, Chairman Schmidtlein recommends a 
tariff-rate quota with an in-quota tariff rate of 10 percent ad valorem 
and an in-quota volume level of 0.5 gigawatts. For U.S. imports of 
cells that exceed the 0.5 gigawatts volume level, she recommends a 
tariff rate of 30 percent ad valorem. Chairman Schmidtlein recommends 
that this tariff-rate quota be implemented for four years and that the 
in-quota level be incrementally raised and the tariff rate be 
incrementally reduced during the remedy period. With regard to CSPV 
modules, she recommends an ad valorem tariff rate of 35 percent to be 
incrementally reduced during the 4-year remedy period. Chairman 
Schmidtlein also recommends that the President initiate international 
negotiations to address the underlying cause of the increase in imports 
of CSPV products and alleviate the serious injury thereof. Having made 
findings that U.S. imports from Australia, the CAFTA-DR countries, 
Colombia, Israel, Jordan, Panama, Peru, Singapore, and the beneficiary 
countries under CBERA were not a substantial cause of the serious 
injury experienced by the domestic industry, Chairman Schmidtlein 
recommends to the President that U.S. imports from these countries be 
excluded from the remedy.

                                    Chairman Schmidtlein's Recommended Remedy
----------------------------------------------------------------------------------------------------------------
                                      Year 1             Year 2             Year 3                Year 4
----------------------------------------------------------------------------------------------------------------
Cells: Tariff rate Quota:
    In-Quota Tariff Rate......  10%..............  9.5%.............  9.0%.............  8.5%.
    In-Quota Volume Level.....  0.5 gigawatts....  0.6 gigawatts....  0.7 gigawatts....  0.8 gigawatts.
    Out-of-Quota Tariff Rate..  30%..............  29%..............  28%..............  27%.
Modules: Tariff (Ad Valorem)..  35%..............  34%..............  33%..............  32%.
----------------------------------------------------------------------------------------------------------------

    Vice Chairman David S. Johanson and Commissioner Irving A. 
Williamson recommend that for a 4-year period the President impose (1) 
a tariff-rate quota on imports of CSPV products in cell form, and (2) 
increased rates of duty on imports of CSPV products in module form. For 
imports of CSPV products in cell form, they recommend an additional 30 
percent ad valorem tariff on imports in excess of 1 gigawatt. In each 
subsequent year, they recommend that this tariff rate decrease by five 
percentage points and that the in-quota amount increase by 0.2 
gigawatts. The rate of duty on in-quota CSPV products in cell form will 
remain unchanged. For imports of CSPV products in module form, Vice 
Chairman Johanson and Commissioner Williamson recommend an additional 
30 percent ad valorem tariff, to be phased down by five percentage 
points per year in each of the subsequent years. Having made a negative 
finding with respect to imports from Canada under section 311(a) of the 
North American Free Trade Agreement Implementation Act, they recommend 
that such imports be excluded from the above tariff-rate quota and 
increased rates of duty. Further, Vice Chairman Johanson and 
Commissioner Williamson recommend that the above tariff-rate quota and 
increased rates of duty not apply to imports from the following 
countries with which the United States has FTAs: Australia, Colombia, 
Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, 
Israel, Jordan, Nicaragua, Panama, Peru, and Singapore. They also 
recommend that the tariff-rate quota and increased rates of duty not 
apply to imports from the CBERA beneficiary countries. Vice Chairman 
Johanson and Commissioner Williamson recommend that the President 
direct the United States Department of Labor and the United States 
Department of Commerce to provide expedited consideration of any 
application for trade adjustment assistance for workers and/or firms 
that are affected by subject imports. They recommend the President's 
consideration of the product exclusions requested by Respondents to 
which Petitioners have not objected and have indicated they would work 
to draft appropriate product-specific exclusions. Finally, they 
recommend that the President also consider any appropriate funding 
mechanisms that may facilitate a positive adjustment to import 
competition.
    Commissioner Meredith M. Broadbent recommends that the President 
impose a quantitative restriction on imports of CSPV products into the 
United States, including cells and modules, for a four-year period, 
administered on a global basis. She recommends that the quantitative 
restriction be set at 8.9 gigawatts in the first year and increase by 
1.4 gigawatts each subsequent year. In accordance with section 1102 of 
the

[[Page 55395]]

Trade Agreements Act of 1979 (19 U.S.C. 2581) and the President's 
authority in section 203(a)(3)(F) of the Trade Act of 1974 (19 U.S.C. 
2253(a)(3)(F)), she also recommends that the President administer these 
quantitative restrictions by selling import licenses at public auction 
at a minimum price of one cent per watt. She recommends that the 
President, to the extent permitted by law, authorize the use of funds 
equal to the amount generated by import license auctions to provide 
development assistance to domestic CSPV product manufacturers for the 
duration of the remedy period, such as through authorized programs at 
the United States Department of Energy (DOE). Commissioner Broadbent 
also recommends that the President implement other appropriate 
adjustment measures, including the provision of trade adjustment 
assistance by the United States Department of Labor and the United 
States Department of Commerce to workers and firms affected by import 
competition. Having made an affirmative finding with respect to imports 
from Mexico under section 311(a) of the NAFTA Implementation Act, she 
recommends that the President allocate no less than 720 megawatts to 
Mexico during the first year within the global quantitative 
restriction, which would expand by 115 megawatts each year. Having made 
a negative finding with respect to imports from Canada under section 
311(a) of the NAFTA Implementation Act, Commissioner Broadbent 
recommends that such imports be excluded from the quantitative 
restriction. Furthermore, she recommends that this quantitative 
restriction not apply to imports from Australia, the CAFTA-DR 
countries, Colombia, Israel, Jordan, Panama, Peru, Singapore, and the 
CBERA beneficiary countries.
    Availability of the public version of the report. The public 
version of the Commission's report containing the Commission's injury 
determination, its remedy recommendations, an explanation of the basis 
for its injury determination and remedy recommendations, and a summary 
of the information obtained in the investigation is contained in 
Crystalline Silicon Photovoltaic Cells (Whether or Not Partially or 
Fully Assembled into Other Products), Inv. No. 201-TA-75, USITC 
Publication 4739 (Nov. 2017).

    By order of the Commission.

    Issued: November 15, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-25134 Filed 11-20-17; 8:45 am]
 BILLING CODE P



                                                                               Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Notices                                           55393

                                                    employee to solicit or encourage others,                INTERNATIONAL TRADE                                      Procedural summary: Effective May
                                                    directly or indirectly, to buy the                      COMMISSION                                            17, 2017, the Commission instituted this
                                                    employee drinks or anything of value in                                                                       investigation under section 202(b) of the
                                                                                                            [Investigation No. TA–201–75]                         Trade Act to determine whether
                                                    the licensed premises during the
                                                    employee’s working hours. No on-sale                                                                          Crystalline Silicon Photovoltaic Cells
                                                                                                            Crystalline Silicon Photovoltaic Cells
                                                    retailer shall serve employees or allow                                                                       (Whether or Not Partially or Fully
                                                                                                            (Whether or Not Partially or Fully
                                                    a patron of the establishment to give                                                                         Assembled into Other Products) are
                                                                                                            Assembled Into Other Products)
                                                    alcoholic beverages to, purchase liquor                                                                       being imported into the United States in
                                                    for or drink liquor with any employee                   AGENCY:  United States International                  such increased quantities as to be a
                                                                                                            Trade Commission.                                     substantial cause of serious injury, or
                                                    during the employee’s working hours.
                                                                                                            ACTION: Publication of summary of the                 the threat thereof, to the domestic
                                                       (gg) It is unlawful for a person to have                                                                   industry producing an article like or
                                                                                                            Commission’s report on the
                                                    possession of or to transport alcoholic                                                                       directly competitive with the imported
                                                                                                            investigation.
                                                    beverages which are manufactured in a                                                                         article. The Commission instituted the
                                                    distillery, winery, brewery or rectifying               SUMMARY:   Section 202(f)(3) of the Trade             investigation in response to a petition,
                                                    plant contrary to the laws of the United                Act of 1974 requires that the United                  as amended and properly filed on May
                                                    States, the Community and the State of                  States International Trade Commission                 17, 2017 by Suniva, Inc. (‘‘Suniva’’), a
                                                    Arizona. Any property used in                           (‘‘Commission’’) publish in the Federal               producer of CSPV cells and CSPV
                                                    transporting such alcoholic beverages                   Register a summary of each report that                modules in the United States. On May
                                                    shall be forfeited, seized and disposed                 it submits to the President under section             25, 2017, SolarWorld Americas publicly
                                                    of.                                                     202(f)(1) of the Trade Act of 1974. Set               stated its support for the petition as a
                                                                                                            forth below is a summary of the report                co-petitioner.
                                                       (hh) It is unlawful for a person who                                                                          Notice of the institution of the
                                                    is obviously intoxicated to buy or                      that the Commission submitted to the
                                                                                                            President on November 13, 2017, on                    Commission’s investigation and of the
                                                    attempt to buy alcoholic beverages from                                                                       scheduling of public hearings to be held
                                                                                                            investigation No. TA–201–75,
                                                    a licensee or employee of a licensee or                                                                       in connection therewith was given by
                                                                                                            Crystalline Silicon Photovoltaic Cells
                                                    to consume alcoholic beverages on a                                                                           posting copies of the notice in the Office
                                                                                                            (Whether or Not Partially or Fully
                                                    licensed premises.                                      Assembled into Other Products). The                   of the Secretary, U.S. International
                                                       (ii) It is unlawful for a licensee to use            Commission conducted the                              Trade Commission, Washington, DC,
                                                    a vending machine for the purpose of                    investigation under section 202(b) of the             and by publishing the notice in the
                                                    dispensing alcoholic beverages.                         Trade Act of 1974 following receipt of                Federal Register (82 FR 25331 (June 1,
                                                                                                            a petition properly filed on May 17,                  2017)). The public hearing in
                                                       (jj) It is unlawful for a retailer to                                                                      connection with the injury phase of the
                                                    knowingly allow a customer to bring                     2017. The full text of the report (with
                                                                                                            the exception of confidential business                investigation was held on August 15,
                                                    alcoholic beverages onto the licensed                                                                         2017, in Washington, DC, and the public
                                                    premises.                                               information) will be posted on the
                                                                                                            Commission’s Web site at https://                     hearing in connection with the remedy
                                                       (kk) It is unlawful for a person to                  www.usitc.gov.                                        phase of the investigation was held on
                                                    purchase, offer for sale or use any                                                                           October 3, 2017, in Washington, DC; all
                                                    device, machine or process which mixes                  DATES:  November 13, 2017: Transmittal                persons who requested the opportunity
                                                                                                            of the Commission’s report to the                     were permitted to appear in person or
                                                    alcoholic beverages with pure oxygen or
                                                                                                            President.                                            by counsel. The Commission voted with
                                                    another gas to produce a vaporized
                                                    product for the purpose of consumption                  ADDRESSES:   United States International              respect to injury issues on September
                                                                                                            Trade Commission, 500 E Street SW.,                   22, 2017, and with respect to remedy
                                                    by inhalation or to allow patrons to use
                                                                                                            Washington, DC 20436. The public                      issues on October 31, 2017.
                                                    any item for the consumption of                                                                                  The Commission submitted its report
                                                    vaporized alcoholic beverages.                          record for this investigation may be
                                                                                                            viewed on the Commission’s electronic                 to the President on November 13, 2017.
                                                       (ll) It is unlawful for a retail licensee            docket (EDIS) at https://edis.usitc.gov.              The report included the Commission’s
                                                    or an employee of a retail licensee to                                                                        injury determination and remedy
                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    sell alcoholic beverages to a person if                                                                       recommendations, an explanation of the
                                                                                                            Mary Messer (202–205–3193), Office of                 basis for the determination and remedy
                                                    the retail licensee or employee knows
                                                                                                            Investigations, U.S. International Trade              recommendations, and a summary of
                                                    the person intends to resell the
                                                                                                            Commission, 500 E Street SW.,                         the information obtained in the
                                                    alcoholic beverages.                                    Washington, DC 20436. The media                       investigation.
                                                       (mm) It is unlawful for a person to                  should contact Margaret O’Laughlin,                      Determination: On the basis of
                                                    reuse a bottle or other container                       Office of External Relations (202–205–                information developed in the subject
                                                    authorized for use by the laws of the                   1819 or margaret.olaughlin@usitc.gov).                investigation, the Commission
                                                    United States or any agency of the                      Hearing-impaired individuals may                      determined pursuant to section 202(b)
                                                    United States for the packaging of                      obtain information on this matter by                  of the Trade Act of 1974 that crystalline
                                                    distilled spirits or for a person to                    contacting the Commission’s TDD                       silicon photovoltaic cells (whether or
                                                    increase the original contents or a                     terminal at 202–205–1810. General                     not partially or fully assembled into
                                                                                                            information concerning the Commission
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    portion of the original contents                                                                              other products) (‘‘CSPV products’’) are
                                                    remaining in a liquor bottle or other                   may also be obtained by accessing its                 being imported into the United States in
                                                    authorized container by adding any                      Web site (https://www.usitc.gov).                     such increased quantities as to be a
                                                    substance.                                              Persons with mobility impairments who                 substantial cause of serious injury to the
                                                                                                            will need special assistance in gaining               domestic industry producing an article
                                                    [FR Doc. 2017–25109 Filed 11–20–17; 8:45 am]
                                                                                                            access to the Commission should                       like or directly competitive with the
                                                    BILLING CODE 4337–15–P
                                                                                                            contact the Office of the Secretary at                imported article.
                                                                                                            202–205–2002.                                            Having made an affirmative injury
                                                                                                            SUPPLEMENTARY INFORMATION:                            determination pursuant to section


                                               VerDate Sep<11>2014   18:56 Nov 20, 2017   Jkt 244001   PO 00000   Frm 00050   Fmt 4703   Sfmt 4703   E:\FR\FM\21NON1.SGM   21NON1


                                                    55394                      Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Notices

                                                    202(b) of the Trade Act of 1974, the                          the respective implementing legislation                                percent ad valorem and an in-quota
                                                    Commission was required to make                               for the FTAs with these countries. See                                 volume level of 0.5 gigawatts. For U.S.
                                                    certain additional findings under the                         19 U.S.C. 2112 note (Jordan); 19 U.S.C.                                imports of cells that exceed the 0.5
                                                    implementing statutes of certain free                         3805 note (Australia, Colombia, Korea,                                 gigawatts volume level, she
                                                    trade agreements (‘‘FTAs’’) or under                          Panama, Peru, Singapore); 19 U.S.C.                                    recommends a tariff rate of 30 percent
                                                    statutory provisions related to certain                       4101 (CAFTA–DR). The Commission                                        ad valorem. Chairman Schmidtlein
                                                    preferential trade programs. Under                            also found that the serious injury                                     recommends that this tariff-rate quota be
                                                    section 311(a) of the NAFTA                                   substantially caused by imports to the                                 implemented for four years and that the
                                                    Implementation Act (19 U.S.C. 3371(a)),                       domestic industry producing a like or                                  in-quota level be incrementally raised
                                                    the Commission found that imports of                          directly competitive article does not                                  and the tariff rate be incrementally
                                                    CSPV products from Mexico account for                         result from the reduction or elimination                               reduced during the remedy period. With
                                                    a substantial share of total imports and                      of any duty provided for under the U.S.-                               regard to CSPV modules, she
                                                    contribute importantly to the serious                         Israel Free Trade Agreement or from
                                                                                                                                                                                         recommends an ad valorem tariff rate of
                                                    injury caused by imports. Under 19                            duty-free treatment provided for under
                                                                                                                                                                                         35 percent to be incrementally reduced
                                                    U.S.C. 3371(a), the Commission also                           the Caribbean Basin Economic Recovery
                                                                                                                                                                                         during the 4-year remedy period.
                                                    found, with Chairman Rhonda K.                                Act (‘‘CBERA’’) provisions of the
                                                    Schmidtlein dissenting, that imports of                                                                                              Chairman Schmidtlein also
                                                                                                                  Caribbean Basin Initiative Trade
                                                    CSPV products from Canada do not                              Program or the Generalized System of                                   recommends that the President initiate
                                                    account for a substantial share of total                      Preferences (‘‘GSP’’) program. 19 U.S.C.                               international negotiations to address the
                                                    imports and do not contribute                                 2112 note (Israel); 19 U.S.C. 2703(e)                                  underlying cause of the increase in
                                                    importantly to the serious injury caused                      (CBERA); 19 U.S.C. 2253(e)(6) (GSP).                                   imports of CSPV products and alleviate
                                                    by imports. The Commission further                               Remedy recommendations. In order to                                 the serious injury thereof. Having made
                                                    found that imports of CSPV products                           address the serious injury to the                                      findings that U.S. imports from
                                                    from Korea are a substantial cause of                         domestic industry producing CSPV                                       Australia, the CAFTA–DR countries,
                                                    threat of serious injury, but that imports                    products and be most effective in                                      Colombia, Israel, Jordan, Panama, Peru,
                                                    of CSPV products from Australia, the                          facilitating the efforts of the domestic                               Singapore, and the beneficiary countries
                                                    U.S.-Dominican Republic—Central                               industry to make a positive adjustment                                 under CBERA were not a substantial
                                                    America Free Trade Agreement                                  to import competition, the Commission                                  cause of the serious injury experienced
                                                    (‘‘CAFTA–DR’’) countries, Colombia,                           recommended a series of actions.                                       by the domestic industry, Chairman
                                                    Jordan, Panama, Peru, and Singapore,                             With regard to CSPV cells, Chairman                                 Schmidtlein recommends to the
                                                    individually, are not a substantial cause                     Schmidtlein recommends a tariff-rate                                   President that U.S. imports from these
                                                    of serious injury or threat thereof, under                    quota with an in-quota tariff rate of 10                               countries be excluded from the remedy.

                                                                                                        CHAIRMAN SCHMIDTLEIN’S RECOMMENDED REMEDY
                                                                                                          Year 1                                       Year 2                                       Year 3                             Year 4

                                                    Cells: Tariff rate Quota:
                                                         In-Quota Tariff Rate .......     10% ......................................   9.5% .....................................   9.0% .....................................   8.5%.
                                                         In-Quota Volume Level ..         0.5 gigawatts ........................       0.6 gigawatts ........................       0.7 gigawatts ........................       0.8 gigawatts.
                                                         Out-of-Quota Tariff Rate         30% ......................................   29% ......................................   28% ......................................   27%.
                                                    Modules: Tariff (Ad Valorem)          35% ......................................   34% ......................................   33% ......................................   32%.



                                                      Vice Chairman David S. Johanson and                         from Canada under section 311(a) of the                                any application for trade adjustment
                                                    Commissioner Irving A. Williamson                             North American Free Trade Agreement                                    assistance for workers and/or firms that
                                                    recommend that for a 4-year period the                        Implementation Act, they recommend                                     are affected by subject imports. They
                                                    President impose (1) a tariff-rate quota                      that such imports be excluded from the                                 recommend the President’s
                                                    on imports of CSPV products in cell                           above tariff-rate quota and increased                                  consideration of the product exclusions
                                                    form, and (2) increased rates of duty on                      rates of duty. Further, Vice Chairman                                  requested by Respondents to which
                                                    imports of CSPV products in module                            Johanson and Commissioner                                              Petitioners have not objected and have
                                                    form. For imports of CSPV products in                         Williamson recommend that the above                                    indicated they would work to draft
                                                    cell form, they recommend an                                  tariff-rate quota and increased rates of                               appropriate product-specific exclusions.
                                                    additional 30 percent ad valorem tariff                       duty not apply to imports from the                                     Finally, they recommend that the
                                                    on imports in excess of 1 gigawatt. In                        following countries with which the                                     President also consider any appropriate
                                                    each subsequent year, they recommend                          United States has FTAs: Australia,                                     funding mechanisms that may facilitate
                                                    that this tariff rate decrease by five                        Colombia, Costa Rica, the Dominican                                    a positive adjustment to import
                                                    percentage points and that the in-quota                       Republic, El Salvador, Guatemala,                                      competition.
                                                    amount increase by 0.2 gigawatts. The                         Honduras, Israel, Jordan, Nicaragua,                                     Commissioner Meredith M. Broadbent
                                                    rate of duty on in-quota CSPV products                        Panama, Peru, and Singapore. They also                                 recommends that the President impose
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    in cell form will remain unchanged. For                       recommend that the tariff-rate quota and                               a quantitative restriction on imports of
                                                    imports of CSPV products in module                            increased rates of duty not apply to                                   CSPV products into the United States,
                                                    form, Vice Chairman Johanson and                              imports from the CBERA beneficiary                                     including cells and modules, for a four-
                                                    Commissioner Williamson recommend                             countries. Vice Chairman Johanson and                                  year period, administered on a global
                                                    an additional 30 percent ad valorem                           Commissioner Williamson recommend                                      basis. She recommends that the
                                                    tariff, to be phased down by five                             that the President direct the United                                   quantitative restriction be set at 8.9
                                                    percentage points per year in each of the                     States Department of Labor and the                                     gigawatts in the first year and increase
                                                    subsequent years. Having made a                               United States Department of Commerce                                   by 1.4 gigawatts each subsequent year.
                                                    negative finding with respect to imports                      to provide expedited consideration of                                  In accordance with section 1102 of the


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                                                                               Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Notices                                               55395

                                                    Trade Agreements Act of 1979 (19                        INTERNATIONAL TRADE                                   it shall exclude the articles concerned
                                                    U.S.C. 2581) and the President’s                        COMMISSION                                            from the United States:
                                                    authority in section 203(a)(3)(F) of the                                                                      unless, after considering the effect of such
                                                    Trade Act of 1974 (19 U.S.C.                            [Investigation No. 337–TA–1023]                       exclusion upon the public health and
                                                    2253(a)(3)(F)), she also recommends that                                                                      welfare, competition conditions in the
                                                    the President administer these                          Certain Memory Modules Components                     United States economy, the production of
                                                    quantitative restrictions by selling                    Thereof, and Products Containing                      like or directly competitive articles in the
                                                    import licenses at public auction at a                  Same; Notice of Request for                           United States consumers, it finds that such
                                                    minimum price of one cent per watt.                                                                           articles should not be excluded from entry.
                                                                                                            Statements on the Public Interest
                                                    She recommends that the President, to                                                                         19 U.S.C. 1337(d)(1).
                                                    the extent permitted by law, authorize                  AGENCY: U.S. International Trade                         The Commission is interested in
                                                    the use of funds equal to the amount                    Commission.                                           further development of the record on
                                                    generated by import license auctions to                 ACTION: Notice.                                       the public interest in its investigations.
                                                    provide development assistance to                                                                             Accordingly, parties are to file public
                                                    domestic CSPV product manufacturers                     SUMMARY:    Notice is hereby given that               interest submissions pursuant to 19 CFR
                                                    for the duration of the remedy period,                  the presiding administrative law judge                210.50(a)(4). In addition, members of
                                                    such as through authorized programs at                  (‘‘ALJ’’) has issued a Final Initial                  the public are invited to file
                                                    the United States Department of Energy                  Determination on Violation of Section                 submissions of no more than five (5)
                                                    (DOE). Commissioner Broadbent also                      337 and Recommended Determination                     pages, inclusive of attachments,
                                                    recommends that the President                           on Remedy and Bonding in the above-                   concerning the public interest in light of
                                                    implement other appropriate adjustment                  captioned investigation. The                          the administrative law judge’s
                                                    measures, including the provision of                    Commission is soliciting comments on                  Recommended Determination on
                                                    trade adjustment assistance by the                      public interest issues raised by the                  Remedy and Bonding issued in this
                                                    United States Department of Labor and                   recommended relief should the                         investigation on November 14, 2017.
                                                    the United States Department of                         Commission find a violation of section                Comments should address whether
                                                    Commerce to workers and firms affected                  337. The ALJ recommended, should the                  issuance of a remedial order in this
                                                    by import competition. Having made an                   Commission find a violation, that the                 investigation would affect the public
                                                    affirmative finding with respect to                     Commission issue a limited exclusion                  health and welfare in the United States,
                                                    imports from Mexico under section                       order directed against certain memory                 competitive conditions in the United
                                                    311(a) of the NAFTA Implementation                      modules and components thereof, and                   States economy, the production of like
                                                    Act, she recommends that the President                  products containing same imported by                  or directly competitive articles in the
                                                    allocate no less than 720 megawatts to                  respondents SK Hynix Inc. of                          United States, or United States
                                                    Mexico during the first year within the                 Gyeoonggi-do, Republic of Korea; and                  consumers.
                                                    global quantitative restriction, which                  SK Hynix America, Inc. and SK Hynix                      In particular, the Commission is
                                                    would expand by 115 megawatts each                      Memory Solutions Inc., both of San Jose,              interested in comments that:
                                                    year. Having made a negative finding                    California. This notice is soliciting
                                                    with respect to imports from Canada                                                                              (i) Explain how the articles
                                                                                                            public interest comments from the                     potentially subject to the recommended
                                                    under section 311(a) of the NAFTA                       public only. Parties are to file public
                                                    Implementation Act, Commissioner                                                                              order are used in the United States;
                                                                                                            interest submissions pursuant to                         (ii) Identify any public health, safety,
                                                    Broadbent recommends that such                          Commission rules.
                                                    imports be excluded from the                                                                                  or welfare concerns in the United States
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      relating to the recommended orders;
                                                    quantitative restriction. Furthermore,                  Clint A. Gerdine, Office of the General
                                                    she recommends that this quantitative                                                                            (iii) Indicate the extent to which like
                                                                                                            Counsel, U.S. International Trade                     or directly competitive articles are
                                                    restriction not apply to imports from                   Commission, 500 E Street SW.,
                                                    Australia, the CAFTA–DR countries,                                                                            produced in the United States or are
                                                                                                            Washington, DC 20436, telephone (202)                 otherwise available in the United States,
                                                    Colombia, Israel, Jordan, Panama, Peru,                 708–2310. Copies of non-confidential
                                                    Singapore, and the CBERA beneficiary                                                                          with respect to the articles potentially
                                                                                                            documents filed in connection with this               subject to the recommended orders;
                                                    countries.                                              investigation are or will be available for
                                                       Availability of the public version of                                                                         (iv) Indicate whether Complainant,
                                                                                                            inspection during official business                   Complainant’s licensees, and/or third
                                                    the report. The public version of the
                                                                                                            hours (8:45 a.m. to 5:15 p.m.) in the                 party suppliers have the capacity to
                                                    Commission’s report containing the
                                                                                                            Office of the Secretary, U.S.                         replace the volume of articles
                                                    Commission’s injury determination, its
                                                                                                            International Trade Commission, 500 E                 potentially subject to the recommended
                                                    remedy recommendations, an
                                                                                                            Street SW., Washington, DC 20436,                     orders within a commercially
                                                    explanation of the basis for its injury
                                                                                                            telephone (202) 205–2000. General                     reasonable time; and
                                                    determination and remedy
                                                                                                            information concerning the Commission                    (v) Explain how the recommended
                                                    recommendations, and a summary of
                                                                                                            may also be obtained by accessing its                 order would impact consumers in the
                                                    the information obtained in the
                                                                                                            Internet server at https://www.usitc.gov.             United States.
                                                    investigation is contained in Crystalline
                                                                                                            The public record for this investigation                 Written submissions must be filed by
                                                    Silicon Photovoltaic Cells (Whether or
                                                                                                            may be viewed on the Commission’s                     the close of business on December 21,
                                                    Not Partially or Fully Assembled into
                                                                                                            electronic docket (EDIS) at https://
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Other Products), Inv. No. 201–TA–75,                                                                          2017.
                                                                                                            edis.usitc.gov. Hearing-impaired                         Persons filing written submissions
                                                    USITC Publication 4739 (Nov. 2017).
                                                                                                            persons are advised that information on               must file the original document
                                                      By order of the Commission.                           this matter can be obtained by                        electronically on or before the deadline
                                                      Issued: November 15, 2017.                            contacting the Commission’s TDD                       stated above and submit eight true paper
                                                    Lisa R. Barton,                                         terminal on (202) 205–1810.                           copies to the Office of the Secretary
                                                    Secretary to the Commission.                            SUPPLEMENTARY INFORMATION: Section                    pursuant to Commission Rule 210.4(f),
                                                    [FR Doc. 2017–25134 Filed 11–20–17; 8:45 am]            337 of the Tariff Act of 1930 provides                CFR part 210.4(f). Submissions should
                                                    BILLING CODE P                                          that if the Commission finds a violation              refer to the investigation number (‘‘Inv.


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Document Created: 2017-11-21 00:42:59
Document Modified: 2017-11-21 00:42:59
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
ActionPublication of summary of the Commission's report on the investigation.
DatesNovember 13, 2017: Transmittal of the Commission's report to the President.
ContactMary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. The media should contact Margaret O'Laughlin, Office of External Relations (202-205-1819 or [email protected]). Hearing-impaired individuals may obtain information on this matter by contacting the Commission's TDD terminal at 202-205-1810. General information concerning the Commission may also be obtained by accessing its Web site (https://www.usitc.gov). Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2002.
FR Citation82 FR 55393 

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