82 FR 60952 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of Changed Circumstances Reviews, and Intent To Revoke Antidumping and Countervailing Duty Orders in Part
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 246 (December 26, 2017)
International Trade Administration
Federal Register Volume 82, Issue 246 (December 26, 2017)
| Page Range | 60952-60954 | |
| FR Document | 2017-27748 |
[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)] [Notices] [Pages 60952-60954] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27748] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-979, C-570-980] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of Changed Circumstances Reviews, and Intent To Revoke Antidumping and Countervailing Duty Orders in Part AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On October 6, 2017, the Department of Commerce (Commerce) received a request for revocation, in part, of the antidumping duty (AD) and countervailing duty (CVD) orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People's Republic of China (China) with respect to certain solar panels. We preliminarily determine that the Orders shall be revoked, in part, with respect to certain solar panels of a sufficiently small size, voltage, amperage, and wattage, among other characteristics, as described below. Commerce invites interested parties to comment on these preliminary results. DATES: Applicable December 26, 2017. FOR FURTHER INFORMATION CONTACT: Lauren Caserta or Kaitlin Wojnar, 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) 482-4737 and (202) 482-3857, respectively. SUPPLEMENTARY INFORMATION: Background On December 7, 2012, Commerce published AD and CVD orders on certain crystalline silicon photovoltaic cells, whether or not assembled into modules, from China.\1\ On October 6, 2017, Pitsco, Inc. d/b/a/Pitsco Education (Pitsco), an importer of the subject merchandise, requested through a changed circumstances review revocation, in part, of the Orders pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.216(b), with respect to certain solar panels.\2\ On October 13, 2017, SolarWorld Americas, Inc. (the petitioner) submitted a letter stating that it does not oppose the scope exclusion language proposed by Pitsco.\3\ From October 25, 2017, through November 8, 2017,\4\ Commerce consulted with both Pitsco and SolarWorld regarding revisions to the proposed exclusion language; specifically, Commerce suggested limiting the language to a description of the physical characteristics of the product and also expressed concerns regarding the dimensions indicated in the description.\5\ Accordingly, on November 10, 2017, Pitsco submitted revised exclusion language based on these consultations.\6\ On November 13, 2017, SolarWorld submitted a letter stating that it does not oppose the revised exclusion language submitted by Pitsco on November 10, 2017.\7\ --------------------------------------------------------------------------- \1\ Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 77 FR 73018 (December 7, 2012) and Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, From the People's Republic of China: Countervailing Duty Order, 77 FR 73017 (December 7, 2012) (collectively, Orders). \2\ Pitsco's Letter, ``Request for Changed Circumstances Review (A-570-980; C-570-979),'' dated October 6, 2017 (Pitsco's Request). \3\ SolarWorld's Letter, ``Pitsco, Inc.'s Scope Exclusion Language--Letter of No Opposition,'' dated October 13, 2017 (Letter of No Opposition). \4\ Memorandum, ``Ex Parte Communications with Adduci, Mastriani and Wiley Rein,'' dated November 13, 2017 (Ex Parte Memo). \5\ Id. \6\ Pitsco's Letter, ``Amended Changed Circumstances Review (A- 570-980; C-570-979),'' dated November 10, 2017 (Pitsco's Amended Request). \7\ SolarWorld's Letter, ``Pitsco, Inc.'s Scope Exclusion Language--Letter of No Opposition,'' dated November 13, 2017 (Revised Letter of No Opposition). --------------------------------------------------------------------------- On November 27, 2017, Commerce published the notice of initiation of the requested changed circumstances reviews.\8\ Because the statement submitted by the petitioner in support of Pitsco's amended request did not indicate whether the petitioner accounts for substantially all of the domestic production of crystalline silicon photovoltaic cells, in the Initiation Notice, we invited interested parties to submit comments concerning industry support for the potential revocation, in part, as well as comments and/or factual information regarding the changed circumstances reviews.\9\ No comments or factual information was submitted by any party. --------------------------------------------------------------------------- \8\ Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China: Notice of Initiation of Changed Circumstances Reviews, and Consideration of Revocation of the Antidumping and Countervailing Duty Orders in Part, 82 FR 55987 (Nov. 27, 2017) (Solar CCR Initiation Notice). \9\ Id. --------------------------------------------------------------------------- Scope of the Antidumping and Countervailing Duty Orders on Certain Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China The merchandise covered by the orders is crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials. The orders cover crystalline silicon photovoltaic cells of thickness equal to or greater than 20 micrometers, having a p/n junction 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. Merchandise under consideration may be described at the time of importation as parts for final finished products that are assembled after importation, including, but not limited to, modules, laminates, panels, building-integrated modules, building-integrated panels, or other finished goods kits. Such parts that otherwise meet the definition of merchandise under consideration are included in the scope of the orders. Excluded from the scope of the orders 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 orders are crystalline silicon photovoltaic cells, not exceeding 10,000 mm\2\ in surface area, that are permanently integrated into a consumer good whose function is other than [[Page 60953]] 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. Modules, laminates, and panels produced in a third-country from cells produced in China are covered by the orders; however, modules, laminates, and panels produced in China from cells produced in a third- country are not covered by the orders. Merchandise covered by these orders is currently classified in the Harmonized Tariff System of the United States (HTSUS) under subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of the orders is dispositive. Scope of Changed Circumstances Reviews Pitsco requests that Commerce revoke the Orders, in part, to exclude certain small solar panels, as described below. The revised unopposed language submitted by Pitsco is as follows: \10\ --------------------------------------------------------------------------- \10\ See Pitsco's Amended Request. Excluded from the scope of these orders are panels with surface area from 3,450 mm\2\ to 33,782 mm\2\ with one black wire and one red wire (each of type 22 AWG or 24 AWG not more than 206 mm in length when measured from panel extrusion), and not exceeding 2.9 volts, 1.1 amps, and 3.19 watts. No panel shall contain an internal battery or external computer peripheral ports. Preliminary Results of Changed Circumstances Reviews, and Intent To Revoke the Orders, in Part Pursuant to section 751(d)(1) of the Act, and 19 CFR 351.222(g), Commerce may revoke an AD or CVD order, in whole or in part, based on a review under section 751(b) of the Act (i.e., a changed circumstances review). Section 751(b)(1) of the Act requires a changed circumstances review to be conducted upon receipt of a request which shows changed circumstances sufficient to warrant a review. Section 782(h)(2) of the Act gives Commerce the authority to revoke an order if producers accounting for substantially all of the production of the domestic like product have expressed a lack of interest in the order. Section 351.222(g) of Commerce's regulations provides that Commerce will conduct a changed circumstances review under 19 CFR 351.216, and may revoke an order (in whole or in part), if it concludes that: (i) Producers accounting for substantially all of the production of the domestic like product to which the order pertains have expressed a lack of interest in the relief provided by the order, in whole or in part; or (ii) if other changed circumstances sufficient to warrant revocation exist. Both the Act and Commerce's regulations require that ``substantially all'' domestic producers express a lack of interest in the order for Commerce to revoke the order, in whole or in part.\11\ Commerce has interpreted ``substantially all'' to represent producers accounting for at least 85 percent of U.S. production of the domestic like product.\12\ --------------------------------------------------------------------------- \11\ Section 782(h) of the Act and 19 CFR 351.222(g). \12\ Honey from Argentina; Antidumping and Countervailing Duty Changed Circumstances Reviews; Preliminary Intent to Revoke Antidumping and Countervailing Duty Orders, 77 FR 67790, 67791 (November 14, 2012), unchanged in Honey from Argentina; Final Results of Antidumping and Countervailing Duty Changed Circumstances Reviews; Revocation of Antidumping and Countervailing Duty Orders, 77 FR 77029 (December 31, 2012). --------------------------------------------------------------------------- Commerce's regulations do not specify a deadline for the issuance of the preliminary results of a changed circumstances review, but provide that Commerce will issue the final results of review within 270 days after the date on which the changed circumstances review is initiated.\13\ Commerce did not issue a combined notice of initiation and preliminary results. As discussed above, the statement provided by the petitioner and offered in support of Pitsco's amended request did not indicate whether the petitioner accounts for substantially all domestic production of certain crystalline silicon photovoltaic cells.\14\ Thus, Commerce did not determine in the Initiation Notice that producers accounting for substantially all of the production of the domestic like product lacked interest in the continued application of the Orders as to the certain solar panels under consideration here. Further, Commerce requested interested party comments on the issue of domestic industry support of a potential partial revocation of the Orders.\15\ Commerce received no comments concerning a lack of industry support with respect to these changed circumstances reviews. --------------------------------------------------------------------------- \13\ 19 CFR 351.216(e). \14\ Solar CCR Initiation Notice. \15\ Id. --------------------------------------------------------------------------- As noted in the Initiation Notice, Pitsco requested revocation of the Orders, in part, and supported its request. In light of Pitsco's amended request, the petitioner's agreement with the scope exclusion language proposed by Pitsco, and in the absence of any interested party comments received during the comment period, we preliminarily conclude that changed circumstances warrant revocation of the Orders, in part, because the producers accounting for substantially all of the production of the domestic like product to which the Orders pertain lack interest in the relief provided by the Orders with respect to certain small solar panels, as described above. We will consider comments from interested parties on these preliminary results of reviews before issuing the final results of these reviews.\16\ --------------------------------------------------------------------------- \16\ E.g., Honey from Argentina; Antidumping and Countervailing Duty Changed Circumstances Reviews; Preliminary Intent to Revoke Antidumping and Countervailing Duty Orders, 77 FR 67790, 67791 (November 14, 2012); Aluminum Extrusions from the People's Republic of China: Preliminary Results of Changed Circumstances Reviews, and Intent to Revoke Antidumping and Countervailing Duty Orders in Part, 78 FR 66895 (November 7, 2013); 19 CFR 351.222(g)(1)(v). --------------------------------------------------------------------------- Accordingly, we are notifying the public of our intent to revoke the Orders, in part. We intend to carry out this revocation by including the following exclusion language in the scope of each of the Orders: Excluded from the scope of these orders are panels with surface area from 3,450 mm\2\ to 33,782 mm\2\ with one black wire and one red wire (each of type 22 AWG or 24 AWG not more than 206 mm in length when measured from panel extrusion), and not exceeding 2.9 volts, 1.1 amps, and 3.19 watts. No panel shall contain an internal battery or external computer peripheral ports. If we make a final determination to revoke the Orders in part, then Commerce will apply this determination to each order as follows. If, at the time of the final determinations, there have been no completed administrative reviews of an order, then the partial revocation will be applied to unliquidated entries of merchandise subject to the changed circumstances review that were entered or withdrawn from warehouse, for consumption, on or after the date that corresponds to the date suspension of liquidation first began in the relevant proceeding. If, at the time of the final determinations, there have been completed administrative reviews of an order, then the partial revocation will be retroactively applied to unliquidated entries of merchandise subject to the changed circumstances reviews that were entered or withdrawn from warehouse, for consumption, on or after the day following the last day of the period covered by the most recently completed administrative review of the applicable order. The most recently [[Page 60954]] completed administrative review of the AD order (A-570-979) was completed on June 20, 2017, and covered December 1, 2014 through November 30, 2015.\17\ Therefore, under this scenario, the partial revocation for merchandise subject to the AD orders would be applied retroactively to unliquidated entries of merchandise entered or withdrawn from warehouse, for consumption, on or after December 1, 2015. The most recently completed administrative review of the CVD order (C-570-980) was completed on July 10, 2017, and covered January 1, 2014 through December 31, 2014.\18\ Therefore, the partial revocation for merchandise subject to the CVD order would be applied retroactively to unliquidated entries of merchandise entered or withdrawn from warehouse, for consumption, on or after January 1, 2015, as applicable. --------------------------------------------------------------------------- \17\ Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2014-2015, 82 FR 40560 (August 25, 2017). \18\ Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China: Final Results of countervailing Duty Administrative Review, and Partial Recession of countervailing Duty Administrative Review; 2014, 82 FR 32678 (July 17, 2017). --------------------------------------------------------------------------- Public Comment Interested parties are invited to comment on these preliminary results of reviews in accordance with 19 CFR 351.309(c)(1)(ii). Case briefs may be submitted no later than 14 days after the date of publication of these preliminary results.\19\ Rebuttals to case briefs, limited to issues raised in the case briefs, may be filed no later than 5 days after the due date for case briefs.\20\ All submissions must be filed electronically using Enforcement and Compliance's AD and CVD Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, Room B8024 of the main Department of Commerce building. An electronically filed document must be received successfully in its entirety by ACCESS, by 5 p.m. Eastern Time on the due dates set forth in this notice. --------------------------------------------------------------------------- \19\ Commerce is altering the deadline for the submission of case briefs, as authorized by 19 CFR 351.309(c)(1)(ii). \20\ Commerce is altering the deadline for the submission of rebuttal briefs, as authorized by 19 CFR 351.309(d)(1). --------------------------------------------------------------------------- Any interested party may request a hearing within 14 days of publication of this notice. Hearing requests should contain the following information: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations at the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230 in a room to be determined.\21\ --------------------------------------------------------------------------- \21\ 19 CFR 351.310(d). --------------------------------------------------------------------------- Commerce intends to issue the final results of these changed circumstances reviews, which will include its analysis of any written comments received, no later than 270 days after the date on which these reviews were initiated. If, in the final results of these reviews, Commerce continues to determine that changed circumstances warrant the revocation of the Orders, in part, we will instruct U.S. Customs and Border Protection (CBP) to liquidate without regard to AD or CVD duties all unliquidated entries of the merchandise covered by the exclusion language above entered or withdrawn from warehouse, for consumption, on or after the effective dates indicated above. In addition, we will instruct CBP to refund any estimated AD or CVD cash deposits collected on such entries. The current requirement for cash deposits of estimated AD and CVD duties on all entries of subject merchandise will continue unless they are modified pursuant to the final results of these changed circumstances reviews. If, in the final results of these reviews, Commerce continues to determine that changed circumstances warrant the revocation of the Orders, in part, we will instruct CBP to discontinue collecting cash deposits on entries of merchandise covered by the exclusion language above effective on the date of publication of the final results of these changed circumstances reviews. These preliminary results of reviews and notice are in accordance with sections 751(b) and 777(i) of the Act and 19 CFR 351.221 and 19 CFR 351.222. Dated: December 20, 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. 2017-27748 Filed 12-22-17; 8:45 am] BILLING CODE 3510-DS-P
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examiner’s memorandum, and finds that Background submitted by the petitioner in support
the requirements of the FTZ Act and the On December 7, 2012, Commerce of Pitsco’s amended request did not
Board’s regulations are satisfied; published AD and CVD orders on indicate whether the petitioner accounts
Now, therefore, the Board hereby certain crystalline silicon photovoltaic for substantially all of the domestic
approves the expansion of subzone 38A cells, whether or not assembled into production of crystalline silicon
on behalf of BMW Manufacturing modules, from China.1 On October 6, photovoltaic cells, in the Initiation
Company, LLC, as described in the 2017, Pitsco, Inc. d/b/a/Pitsco Education Notice, we invited interested parties to
application and Federal Register notice, (Pitsco), an importer of the subject submit comments concerning industry
subject to the FTZ Act and the Board’s merchandise, requested through a support for the potential revocation, in
regulations, including Section 400.13. changed circumstances review part, as well as comments and/or factual
revocation, in part, of the Orders information regarding the changed
Dated: December 20, 2017.
pursuant to section 751(b)(1) of the circumstances reviews.9 No comments
Gary Taverman,
Tariff Act of 1930, as amended (the Act) or factual information was submitted by
Deputy Assistant Secretary for AD/CVD any party.
Operations performing the non-exclusive and 19 CFR 351.216(b), with respect to
functions and duties of the Assistant certain solar panels.2 On October 13, Scope of the Antidumping and
Secretary for Enforcement & Compliance 2017, SolarWorld Americas, Inc. (the Countervailing Duty Orders on Certain
Alternate Chairman, Foreign-Trade Zones petitioner) submitted a letter stating that Crystalline Silicon Photovoltaic Cells,
Board. it does not oppose the scope exclusion Whether or Not Assembled Into
[FR Doc. 2017–27783 Filed 12–22–17; 8:45 am] language proposed by Pitsco.3 From Modules, From the People’s Republic of
BILLING CODE 3510–DS–P October 25, 2017, through November 8, China
2017,4 Commerce consulted with both
Pitsco and SolarWorld regarding The merchandise covered by the
DEPARTMENT OF COMMERCE revisions to the proposed exclusion orders is crystalline silicon photovoltaic
language; specifically, Commerce cells, and modules, laminates, and
International Trade Administration suggested limiting the language to a panels, consisting of crystalline silicon
description of the physical photovoltaic cells, whether or not
[A–570–979, C–570–980] characteristics of the product and also partially or fully assembled into other
expressed concerns regarding the products, including, but not limited to,
Crystalline Silicon Photovoltaic Cells, dimensions indicated in the modules, laminates, panels and building
Whether or Not Assembled Into description.5 Accordingly, on November integrated materials.
Modules, From the People’s Republic 10, 2017, Pitsco submitted revised The orders cover crystalline silicon
of China: Preliminary Results of exclusion language based on these photovoltaic cells of thickness equal to
Changed Circumstances Reviews, and consultations.6 On November 13, 2017, or greater than 20 micrometers, having
Intent To Revoke Antidumping and SolarWorld submitted a letter stating a p/n junction formed by any means,
Countervailing Duty Orders in Part that it does not oppose the revised whether or not the cell has undergone
exclusion language submitted by Pitsco other processing, including, but not
AGENCY: Enforcement and Compliance, on November 10, 2017.7 limited to, cleaning, etching, coating,
International Trade Administration, On November 27, 2017, Commerce and/or addition of materials (including,
Department of Commerce. published the notice of initiation of the but not limited to, metallization and
SUMMARY: On October 6, 2017, the requested changed circumstances conductor patterns) to collect and
Department of Commerce (Commerce) reviews.8 Because the statement forward the electricity that is generated
received a request for revocation, in by the cell.
1 Crystalline Silicon Photovoltaic Cells, Whether Merchandise under consideration
part, of the antidumping duty (AD) and or Not Assembled into Modules, from the People’s may be described at the time of
countervailing duty (CVD) orders on Republic of China: Amended Final Determination importation as parts for final finished
crystalline silicon photovoltaic cells, of Sales at Less Than Fair Value, and Antidumping
Duty Order, 77 FR 73018 (December 7, 2012) and products that are assembled after
whether or not assembled into modules,
Crystalline Silicon Photovoltaic Cells, Whether or importation, including, but not limited
from the People’s Republic of China Not Assembled into Modules, From the People’s to, modules, laminates, panels,
(China) with respect to certain solar Republic of China: Countervailing Duty Order, 77
building-integrated modules, building-
panels. We preliminarily determine that FR 73017 (December 7, 2012) (collectively, Orders).
integrated panels, or other finished
the Orders shall be revoked, in part, 2 Pitsco’s Letter, ‘‘Request for Changed
Circumstances Review (A–570–980; C–570–979),’’ goods kits. Such parts that otherwise
with respect to certain solar panels of a dated October 6, 2017 (Pitsco’s Request). meet the definition of merchandise
sufficiently small size, voltage, 3 SolarWorld’s Letter, ‘‘Pitsco, Inc.’s Scope
under consideration are included in the
amperage, and wattage, among other Exclusion Language—Letter of No Opposition,’’
scope of the orders.
characteristics, as described below. dated October 13, 2017 (Letter of No Opposition).
4 Memorandum, ‘‘Ex Parte Communications with Excluded from the scope of the orders
Commerce invites interested parties to
Adduci, Mastriani and Wiley Rein,’’ dated are thin film photovoltaic products
comment on these preliminary results. November 13, 2017 (Ex Parte Memo). produced from amorphous silicon (a-Si),
DATES: Applicable December 26, 2017. 5 Id.
cadmium telluride (CdTe), or copper
6 Pitsco’s Letter, ‘‘Amended Changed
FOR FURTHER INFORMATION CONTACT: indium gallium selenide (CIGS).
Circumstances Review (A–570–980; C–570–979),’’
Lauren Caserta or Kaitlin Wojnar, AD/ dated November 10, 2017 (Pitsco’s Amended
Also excluded from the scope of the
CVD Operations, Office VII, Request). orders are crystalline silicon
photovoltaic cells, not exceeding 10,000
ethrower on DSK3G9T082PROD with NOTICES
7 SolarWorld’s Letter, ‘‘Pitsco, Inc.’s Scope
Enforcement and Compliance,
International Trade Administration, Exclusion Language—Letter of No Opposition,’’ mm2 in surface area, that are
dated November 13, 2017 (Revised Letter of No permanently integrated into a consumer
U.S. Department of Commerce, 1401 Opposition).
Constitution Avenue NW, Washington, 8 Crystalline Silicon Photovoltaic Cells, Whether
good whose function is other than
DC 20230; telephone: (202) 482–4737 or Not Assembled into Modules, from the People’s
Republic of China: Notice of Initiation of Changed Duty Orders in Part, 82 FR 55987 (Nov. 27, 2017)
and (202) 482–3857, respectively. (Solar CCR Initiation Notice).
Circumstances Reviews, and Consideration of
SUPPLEMENTARY INFORMATION: Revocation of the Antidumping and Countervailing 9 Id.
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completed administrative review of the to be discussed. Oral presentations at DEPARTMENT OF COMMERCE
AD order (A–570–979) was completed the hearing will be limited to issues
on June 20, 2017, and covered December raised in the briefs. If a request for a National Oceanic and Atmospheric
1, 2014 through November 30, 2015.17 hearing is made, parties will be notified Administration
Therefore, under this scenario, the of the time and date for the hearing to RIN 0648–XF507
partial revocation for merchandise be held at the U.S. Department of
subject to the AD orders would be Commerce, 1401 Constitution Avenue Takes of Marine Mammals Incidental to
applied retroactively to unliquidated NW, Washington, DC 20230 in a room Specified Activities; Taking Marine
entries of merchandise entered or to be determined.21 Mammals Incidental to Boost-Back and
withdrawn from warehouse, for Landing of Falcon 9 Rockets
consumption, on or after December 1, Commerce intends to issue the final
2015. The most recently completed results of these changed circumstances AGENCY: National Marine Fisheries
administrative review of the CVD order reviews, which will include its analysis Service (NMFS), National Oceanic and
(C–570–980) was completed on July 10, of any written comments received, no Atmospheric Administration (NOAA),
2017, and covered January 1, 2014 later than 270 days after the date on Commerce.
through December 31, 2014.18 which these reviews were initiated. ACTION: Notice; issuance of an incidental
Therefore, the partial revocation for If, in the final results of these reviews, harassment authorization.
merchandise subject to the CVD order Commerce continues to determine that
would be applied retroactively to SUMMARY: In accordance with the
changed circumstances warrant the
unliquidated entries of merchandise regulations implementing the Marine
revocation of the Orders, in part, we Mammal Protection Act (MMPA) as
entered or withdrawn from warehouse,
will instruct U.S. Customs and Border amended, notification is hereby given
for consumption, on or after January 1,
2015, as applicable. Protection (CBP) to liquidate without that NMFS has issued an incidental
regard to AD or CVD duties all harassment authorization (IHA) to Space
Public Comment unliquidated entries of the merchandise Exploration Technology Corporation
Interested parties are invited to covered by the exclusion language (SpaceX) to incidentally harass, by
comment on these preliminary results of above entered or withdrawn from Level B harassment only, marine
reviews in accordance with 19 CFR warehouse, for consumption, on or after mammals during boost-back and
351.309(c)(1)(ii). Case briefs may be the effective dates indicated above. In landing of Falcon 9 rockets at
submitted no later than 14 days after the addition, we will instruct CBP to refund Vandenberg Air Force Base in
date of publication of these preliminary any estimated AD or CVD cash deposits California, and at contingency landing
results.19 Rebuttals to case briefs, collected on such entries. locations in the Pacific Ocean.
limited to issues raised in the case DATES: This Authorization is valid from
The current requirement for cash
briefs, may be filed no later than 5 days December 1, 2017, through November
after the due date for case briefs.20 All deposits of estimated AD and CVD
duties on all entries of subject 30, 2018.
submissions must be filed electronically
using Enforcement and Compliance’s merchandise will continue unless they FOR FURTHER INFORMATION CONTACT:
AD and CVD Centralized Electronic are modified pursuant to the final Jordan Carduner, Office of Protected
Service System (ACCESS). ACCESS is results of these changed circumstances Resources, NMFS, (301) 427–8401.
available to registered users at http:// reviews. If, in the final results of these Electronic copies of the application and
access.trade.gov and in the Central reviews, Commerce continues to supporting documents, as well as a list
Records Unit, Room B8024 of the main determine that changed circumstances of the references cited in this document,
Department of Commerce building. An warrant the revocation of the Orders, in may be obtained online at:
electronically filed document must be part, we will instruct CBP to www.nmfs.noaa.gov/pr/permits/
received successfully in its entirety by discontinue collecting cash deposits on incidental/research.htm. In case of
ACCESS, by 5 p.m. Eastern Time on the entries of merchandise covered by the problems accessing these documents,
due dates set forth in this notice. please call the contact listed above.
exclusion language above effective on
Any interested party may request a the date of publication of the final SUPPLEMENTARY INFORMATION:
hearing within 14 days of publication of results of these changed circumstances Background
this notice. Hearing requests should reviews.
contain the following information: (1) Sections 101(a)(5)(A) and (D) of the
The party’s name, address, and These preliminary results of reviews MMPA (16 U.S.C. 1361 et seq.) direct
telephone number; (2) the number of and notice are in accordance with the Secretary of Commerce to allow,
participants; and (3) a list of the issues sections 751(b) and 777(i) of the Act and upon request, the incidental, but not
19 CFR 351.221 and 19 CFR 351.222. intentional, taking of small numbers of
17 Crystalline Silicon Photovoltaic Cells, Whether
Dated: December 20, 2017. marine mammals by U.S. citizens who
or Not Assembled into Modules, from the People’s engage in a specified activity (other than
Republic of China: Amended Final Results of Gary Taverman,
Antidumping Duty Administrative Review; 2014– commercial fishing) within a specified
Deputy Assistant Secretary for Antidumping geographical region if certain findings
2015, 82 FR 40560 (August 25, 2017).
18 Crystalline Silicon Photovoltaic Cells, Whether
and Countervailing Duty Operations, are made and either regulations are
or Not Assembled into Modules, from the People’s performing the non-exclusive functions and
issued or, if the taking is limited to
Republic of China: Final Results of countervailing duties of the Assistant Secretary for
harassment, a notice of a proposed
ethrower on DSK3G9T082PROD with NOTICES
Duty Administrative Review, and Partial Recession Enforcement and Compliance.
of countervailing Duty Administrative Review; 2014, authorization is provided to the public
[FR Doc. 2017–27748 Filed 12–22–17; 8:45 am]
82 FR 32678 (July 17, 2017). for review.
19 Commerce is altering the deadline for the BILLING CODE 3510–DS–P An authorization for incidental
submission of case briefs, as authorized by 19 CFR takings shall be granted if NMFS finds
351.309(c)(1)(ii).
20 Commerce is altering the deadline for the that the taking will have a negligible
submission of rebuttal briefs, as authorized by 19 impact on the species or stock(s), will
CFR 351.309(d)(1). 21 19 CFR 351.310(d). not have an unmitigable adverse impact
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Document Created: 2017-12-23 03:09:02
Document Modified: 2017-12-23 03:09:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable December 26, 2017. | |
| Contact | Lauren Caserta or Kaitlin Wojnar, 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) 482-4737 and (202) 482-3857, respectively. | |
| FR Citation | 82 FR 60952 |
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