83_FR_10478 83 FR 10431 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order

83 FR 10431 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 47 (March 9, 2018)

Page Range10431-10432
FR Document2018-04753

The Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on crystalline silicone photovoltaic (CSPV) cells, whether or not assembled into modules, from the People's Republic of China (China) would be likely to lead to continuation or recurrence of a countervailable subsidy at the levels indicated in the ``Final Results of Sunset Review'' section of this notice.

Federal Register, Volume 83 Issue 47 (Friday, March 9, 2018)
[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Notices]
[Pages 10431-10432]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04753]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-980]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Final Results of the 
Expedited First Sunset Review of the Countervailing Duty Order

AGENCY: International Trade Administration, Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) finds that revocation of 
the countervailing duty (CVD) order on crystalline silicone 
photovoltaic (CSPV) cells, whether or not assembled into modules, from 
the People's Republic of China (China) would be likely to lead to 
continuation or recurrence of a countervailable subsidy at the levels 
indicated in the ``Final Results of Sunset Review'' section of this 
notice.

DATES: Applicable March 9, 2018.

FOR FURTHER INFORMATION CONTACT: Caitlin Monks, 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) 482-2670.

SUPPLEMENTARY INFORMATION:

Background

    On December 7, 2012, Commerce published the CVD order on CSPV cells 
from China.\1\ On November 1, 2017, Commerce published a notice of 
initiation of the first sunset review of the Order, pursuant to section 
751(c)(2) of the Tariff Act of 1930, as amended (the Act).\2\ On 
November 13, 2017, SolarWorld Americas, Inc. (SolarWorld or the 
petitioner) filed a notice of intent to participate in the review 
within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ SolarWorld 
claimed interested party status pursuant to section 771(9)(C) of the 
Act, as a manufacturer of CSPV cells and modules in the United States.
---------------------------------------------------------------------------

    \1\ See 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) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 82 FR 50612 
(November 1, 2017).
    \3\ See Petitioner's Letter, ``Notice of Intent to Participate 
in Sunset Review,'' dated November 13, 2017, (Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules, from the 
People's Republic of China: Notice of Intent to Participate in 
Sunset Review).
---------------------------------------------------------------------------

    Commerce received an adequate substantive response from the 
domestic industry within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). Commerce did not receive a response from the 
Government of China (GOC), nor any other respondent interested party to 
the proceeding. As a result, pursuant to section 751(c)(3)(B) of the 
Act and 19 CFR 351.218(e)(l)(ii)(B)(2) and (C)(2), Commerce conducted 
an expedited review of the Order. The deadline for this sunset review 
was extended to March 5, 2018, as a result of the tolling of deadlines 
for the January 20-22, 2018, closure of the Federal Government.\4\
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the Order is crystalline silicon 
photovoltaic cells, whether or not assembled into modules, from China. 
Certain CSVP cells that are the subject of the Order are currently 
classifiable under subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 
8541.40.6030, and 8501.31.8000 of the Harmonized Tariff Schedule of the 
United States (HTSUS). While HTSUS subheadings are provided for 
convenience and customs purposes, the written description is 
dispositive. The Issues and Decision Memorandum, which is hereby 
adopted by this notice, provides a full description of the scope of the 
Order.\5\
---------------------------------------------------------------------------

    \5\ See Issues and Decision Memorandum dated concurrently with 
this Federal Register notice.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in this review are addressed in the accompanying 
Issues and Decision Memorandum. The issues include the likelihood of 
continuation or recurrence of a countervailable subsidy, the net 
countervailable subsidy rate likely to prevail if the Order were 
revoked, and the nature of the subsidies. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov, and to all parties in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed at http://enforcement.trade.gov/frn/. The 
signed Issues and Decision Memorandum and the electronic version of the 
Issues and Decision Memorandum are identical in content.

Final Results of Sunset Review

    Pursuant to sections 752(b)(1) and (3) of the Act, we determine 
that revocation of the CVD order on CSPV from China would be likely to 
lead to continuation or recurrence of a net countervailable subsidy at 
the rates listed below:

------------------------------------------------------------------------
                                                              Net
                                                        countervailable
          Manufacturers/exporters/producers               subsidy rate
                                                           (percent)
------------------------------------------------------------------------
Suntech..............................................               18.2
Trina................................................              19.41
All Others...........................................              18.82
------------------------------------------------------------------------

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders

[[Page 10432]]

is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.
    Commerce is issuing and publishing these final results and this 
notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the 
Act and 19 CFR 351.218.

    Dated: March 5, 2018.
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. 2018-04753 Filed 3-8-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                             Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Notices                                                            10431

                                             disabilities. Individuals requiring                     FOR FURTHER INFORMATION CONTACT:                       Harmonized Tariff Schedule of the
                                             accommodations, such as sign language                   Caitlin Monks, AD/CVD Operations,                      United States (HTSUS). While HTSUS
                                             interpretation or other ancillary aids, are             Office VII, Enforcement and                            subheadings are provided for
                                             asked to notify Ms. Miller-Kuwana by                    Compliance, International Trade                        convenience and customs purposes, the
                                             telephone (571) 665–6177 or email at                    Administration, U.S. Department of                     written description is dispositive. The
                                             Karen.Miller-Kuwana@firstnet.gov at                     Commerce, 1401 Constitution Avenue                     Issues and Decision Memorandum,
                                             least five (5) business days before the                 NW, Washington, DC 20230; telephone                    which is hereby adopted by this notice,
                                             applicable meeting.                                     (202) 482–2670.                                        provides a full description of the scope
                                                The meeting will also be webcast.                    SUPPLEMENTARY INFORMATION:                             of the Order.5
                                             Please refer to FirstNet’s website at
                                                                                                     Background                                             Analysis of Comments Received
                                             www.firstnet.gov for webcast
                                             instructions and other information.                        On December 7, 2012, Commerce                          All issues raised in this review are
                                             Viewers experiencing any issues with                    published the CVD order on CSPV cells                  addressed in the accompanying Issues
                                             the live webcast may email support@                     from China.1 On November 1, 2017,                      and Decision Memorandum. The issues
                                             sparkstreetdigital.com or call 202–684–                 Commerce published a notice of                         include the likelihood of continuation
                                             3361 x3 for support. A variety of                       initiation of the first sunset review of               or recurrence of a countervailable
                                             automated troubleshooting tests are also                the Order, pursuant to section 751(c)(2)               subsidy, the net countervailable subsidy
                                             available via the ‘‘Troubleshooting                     of the Tariff Act of 1930, as amended                  rate likely to prevail if the Order were
                                             Tips’’ button on the webcast player. The                (the Act).2 On November 13, 2017,                      revoked, and the nature of the subsidies.
                                             meetings will also be available to                      SolarWorld Americas, Inc. (SolarWorld                  The Issues and Decision Memorandum
                                             interested parties by phone. To be                      or the petitioner) filed a notice of intent            is a public document and is on file
                                             connected to the meetings in listen-only                to participate in the review within the                electronically via Enforcement and
                                             mode by telephone, please dial toll free                deadline specified in 19 CFR                           Compliance’s Antidumping and
                                             1–888–677–5734 and entering                             351.218(d)(1)(i).3 SolarWorld claimed                  Countervailing Duty Centralized
                                             participant code 1277627#. If you                       interested party status pursuant to                    Electronic Service System (ACCESS).
                                             experience technical difficulty, please                 section 771(9)(C) of the Act, as a                     ACCESS is available to registered users
                                             contact the Conferencing Center                         manufacturer of CSPV cells and                         at http://access.trade.gov, and to all
                                             customer service at 1–866–900–1011.                     modules in the United States.                          parties in the Central Records Unit,
                                                Records: FirstNet maintains records of                  Commerce received an adequate                       Room B8024 of the main Department of
                                             all Board proceedings. Minutes of the                   substantive response from the domestic                 Commerce building. In addition, a
                                             Board Meeting and the Committee                         industry within the 30-day deadline                    complete version of the Issues and
                                             meetings will be available at                           specified in 19 CFR 351.218(d)(3)(i).                  Decision Memorandum can be accessed
                                             www.firstnet.gov.                                       Commerce did not receive a response                    at http://enforcement.trade.gov/frn/.
                                                                                                     from the Government of China (GOC),                    The signed Issues and Decision
                                               Dated: March 5, 2018.                                                                                        Memorandum and the electronic
                                             Karen Miller-Kuwana,                                    nor any other respondent interested
                                                                                                     party to the proceeding. As a result,                  version of the Issues and Decision
                                             Board Secretary, First Responder Network                                                                       Memorandum are identical in content.
                                             Authority.                                              pursuant to section 751(c)(3)(B) of the
                                                                                                     Act and 19 CFR 351.218(e)(l)(ii)(B)(2)                 Final Results of Sunset Review
                                             [FR Doc. 2018–04715 Filed 3–8–18; 8:45 am]
                                                                                                     and (C)(2), Commerce conducted an                        Pursuant to sections 752(b)(1) and (3)
                                             BILLING CODE 3510–TL–P
                                                                                                     expedited review of the Order. The                     of the Act, we determine that revocation
                                                                                                     deadline for this sunset review was                    of the CVD order on CSPV from China
                                             DEPARTMENT OF COMMERCE                                  extended to March 5, 2018, as a result                 would be likely to lead to continuation
                                                                                                     of the tolling of deadlines for the                    or recurrence of a net countervailable
                                             International Trade Administration                      January 20–22, 2018, closure of the                    subsidy at the rates listed below:
                                                                                                     Federal Government.4
                                             [C–570–980]
                                                                                                     Scope of the Order                                                                                    Net
                                             Crystalline Silicon Photovoltaic Cells,                                                                        Manufacturers/exporters/                 countervailable
                                                                                                        The merchandise subject to the Order                      producers                           subsidy rate
                                             Whether or Not Assembled Into                           is crystalline silicon photovoltaic cells,                                                         (percent)
                                             Modules, From the People’s Republic                     whether or not assembled into modules,
                                             of China: Final Results of the                          from China. Certain CSVP cells that are
                                                                                                                                                            Suntech ...........................                  18.2
                                             Expedited First Sunset Review of the                                                                           Trina ................................              19.41
                                                                                                     the subject of the Order are currently                 All Others ........................                 18.82
                                             Countervailing Duty Order                               classifiable under subheadings
                                             AGENCY:   International Trade                           8501.61.0000, 8507.20.80, 8541.40.6020,                Notification Regarding Administrative
                                             Administration, Department of                           8541.40.6030, and 8501.31.8000 of the                  Protective Order
                                             Commerce.
                                                                                                       1 See Crystalline Silicon Photovoltaic Cells,          This notice also serves as the only
                                             SUMMARY: The Department of Commerce                                                                            reminder to parties subject to an
                                                                                                     Whether or Not Assembled into Modules, from the
                                             (Commerce) finds that revocation of the                 People’s Republic of China: Countervailing Duty        administrative protective order (APO) of
                                             countervailing duty (CVD) order on                      Order, 77 FR 73017 (December 7, 2012) (Order).         their responsibility concerning the
                                             crystalline silicone photovoltaic (CSPV)                  2 See Initiation of Five-Year (Sunset) Reviews, 82
                                                                                                                                                            return or destruction of proprietary
                                             cells, whether or not assembled into                    FR 50612 (November 1, 2017).
                                                                                                       3 See Petitioner’s Letter, ‘‘Notice of Intent to     information disclosed under APO in
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                                             modules, from the People’s Republic of                  Participate in Sunset Review,’’ dated November 13,     accordance with 19 CFR 351.305.
                                             China (China) would be likely to lead to                2017, (Crystalline Silicon Photovoltaic Cells,         Timely notification of the return or
                                             continuation or recurrence of a                         Whether or Not Assembled into Modules, from the        destruction of APO materials or
                                             countervailable subsidy at the levels                   People’s Republic of China: Notice of Intent to
                                                                                                     Participate in Sunset Review).                         conversion to judicial protective orders
                                             indicated in the ‘‘Final Results of Sunset                4 See Memorandum, ‘‘Deadlines Affected by the
                                             Review’’ section of this notice.                        Shutdown of the Federal Government,’’ dated              5 See Issues and Decision Memorandum dated

                                             DATES: Applicable March 9, 2018.                        January 23, 2018.                                      concurrently with this Federal Register notice.



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                                             10432                            Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Notices

                                             is hereby requested. Failure to comply                  deadline specified in 19 CFR                          is on file electronically via Enforcement
                                             with the regulations and terms of an                    351.218(d)(1)(i).2 The petitioners                    and Compliance’s Antidumping and
                                             APO is a violation which is subject to                  claimed interested party status under                 Countervailing Duty Centralized
                                             sanction.                                               section 771(9)(E) of the Act, as a trade              Electronic Service System (ACCESS).
                                                Commerce is issuing and publishing                   association whose members are engaged                 ACCESS is available to registered users
                                             these final results and this notice in                  in the business of producing honey in                 at http://access.trade.gov, and to all
                                             accordance with sections 751(c), 752(b),                the United States.                                    parties in the Central Records Unit,
                                             and 777(i)(1) of the Act and 19 CFR                        On December 1, 2017, we received a                 room B8024 of the main Department of
                                             351.218.                                                complete substantive response for the                 Commerce building. In addition, a
                                                                                                     review from the domestic interested                   complete version of the Issues and
                                               Dated: March 5, 2018.
                                                                                                     parties within the 30-day deadline                    Decision Memorandum can be accessed
                                             Gary Taverman,
                                                                                                     specified in 19 CFR 351.218(d)(3)(i).3                directly on the internet at http://
                                             Deputy Assistant Secretary for Antidumping              We received no substantive responses
                                             and Countervailing Duty Operations,                                                                           enforcement.trade.gov/frn/. The signed
                                                                                                     from respondent interested parties with               Issues and Decision Memorandum and
                                             performing the non-exclusive functions and
                                             duties of the Assistant Secretary for                   respect to the order covered by this                  the electronic version of the Issues and
                                             Enforcement and Compliance.                             sunset review, nor was a hearing                      Decision Memorandum are identical in
                                             [FR Doc. 2018–04753 Filed 3–8–18; 8:45 am]
                                                                                                     requested. Pursuant to section                        content.
                                                                                                     751(c)(3)(B) of the Act and 19 CFR
                                             BILLING CODE 3510–DS–P
                                                                                                     351.218(e)(1)(ii)(C)(2), Commerce is                  Final Result of Sunset Review
                                                                                                     conducting an expedited (120-day)                        Pursuant to sections 751(c)(1) and
                                             DEPARTMENT OF COMMERCE                                  sunset review of this order.                          752(c)(1) and (3) of the Act, we
                                                                                                       Commerce has exercised its discretion               determine that revocation of the
                                             International Trade Administration                      to toll deadlines for the duration of the             antidumping duty order on honey from
                                                                                                     closure of the Federal Government from                China would likely lead to continuation
                                             [A–570–863]                                             January 20 through 22, 2018. If the new               or recurrence of dumping and that the
                                             Honey From the People’s Republic of                     deadline falls on a non-business day, in              magnitude of the dumping margins
                                             China: Final Results of the Expedited                   accordance with Commerce’s practice,                  likely to prevail would be weighted-
                                             Third Sunset Review of the                              the deadline will become the next                     average dumping margins up to the
                                             Antidumping Duty Order                                  business day. The revised deadline for                following weighted-average dumping
                                                                                                     the final results of this sunset review is            margin: 183.80.
                                             AGENCY:  Enforcement and Compliance,                    now March 5, 2018.4
                                             International Trade Administration,                                                                           Notification to Interested Parties
                                                                                                     Scope of the Order
                                             Department of Commerce.                                                                                         This notice serves as the only
                                             SUMMARY: As a result of this sunset
                                                                                                        The merchandise subject to the order               reminder to parties subject to an
                                             review, the Department of Commerce                      is honey. For a complete description of               administrative protective order (APO) of
                                             (Commerce) finds that revocation of the                 the scope of this order, see the                      their responsibility concerning the
                                             antidumping duty order on honey from                    accompanying Issues and Decision                      return or destruction of proprietary
                                             the People’s Republic of China (China)                  Memorandum.5                                          information disclosed under APO in
                                             would be likely to lead to continuation                 Analysis of Comments Received                         accordance with 19 CFR 351.305.
                                             or recurrence of dumping at the level                                                                         Timely notification of the return or
                                                                                                       All issues raised in this review,                   destruction of APO materials or
                                             indicated in the ‘‘Final Results of Sunset              including the likelihood of continuation
                                             Review’’ section of this notice.                                                                              conversion to judicial protective order is
                                                                                                     or recurrence of dumping in the event                 hereby requested. Failure to comply
                                             DATES: Applicable March 9, 2018.                        of revocation and the magnitude of the                with the regulations and terms of an
                                             FOR FURTHER INFORMATION CONTACT: Ian                    margin likely to prevail if the order was             APO is a violation which is subject to
                                             Hamilton, AD/CVD Operations, Office                     revoked, are addressed in the                         sanction.
                                             V, Enforcement and Compliance,                          accompanying Issues and Decision                        We are issuing and publishing these
                                             International Trade Administration,                     Memorandum. The Issues and Decision                   results and notice in accordance with
                                             U.S. Department of Commerce, 1401                       Memorandum is a public document and                   sections 751(c), 752(c), and 777(i)(1) of
                                             Constitution Avenue NW, Washington,                                                                           the Act and 19 CFR 351.218.
                                             DC 20230; telephone: (202) 482–4798.                       2 See the petitioners’ Letter, ‘‘Honey from the

                                                                                                     People’s Republic of China: Petitioners’ Notice of      Dated: March 5, 2018.
                                             SUPPLEMENTARY INFORMATION:                              Intent to Participate,’’ dated November 13, 2017.     Gary Taverman,
                                                                                                        3 The petitioners’ Letter, ‘‘Five-Year (Sunset)
                                             Background                                                                                                    Deputy Assistant Secretary for Antidumping
                                                                                                     Reviews of the Antidumping Duty Order on Honey
                                               On November 1, 2017, Commerce                         from the People’s Republic of China—Petitioners’      and Countervailing Duty Operations,
                                             published the notice of initiation of the               Substantive Response,’’ dated December 1, 2017.       performing the non-exclusive functions and
                                                                                                        4 See Memorandum for The Record from               duties of the Assistant Secretary for
                                             third sunset review of the antidumping                  Christian Marsh, Deputy Assistant Secretary for       Enforcement and Compliance.
                                             duty order on honey from the China,                     Enforcement and Compliance, performing the non-
                                             pursuant to section 751(c) of the Tariff                exclusive functions and duties of the Assistant       Appendix
                                             Act of 1930, as amended (the Act).1 On                  Secretary for Enforcement and Compliance,
                                                                                                     ‘‘Deadlines Affected by the Shutdown of the           List of Topics Discussed in the Issues and
                                             November 13, 2017, Commerce received                    Federal Government’’ (Tolling Memorandum),            Decision Memorandum
                                             a notice of intent to participate from                  dated January 23, 2018. All deadlines in this         I. Summary
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                                             American Honey Producers Association                    segment of the proceeding have been extended by       II. Background
                                             and the Sioux Honey Association                         3 days.
                                                                                                        5 See Memorandum, ‘‘Issues and Decision
                                                                                                                                                           III. Scope of the Orders
                                             (collectively, the petitioners) as                                                                            IV. History of the Orders
                                                                                                     Memorandum for the Expedited Third Sunset
                                             domestic interested parties, within the                 Review of the Antidumping Duty Orders on Honey        V. Legal Framework
                                                                                                     from the People’s Republic of China’’ (Issues and     VI. Discussion of the Issues
                                               1 See Initiation of Five-Year (Sunset) Reviews, 82    Decision Memorandum), dated concurrently with,           1. Likelihood of Continuation or
                                             FR 50612 (November 1, 2017).                            and hereby adopted by, this notice.                         Recurrence of Dumping



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Document Created: 2018-03-09 03:48:03
Document Modified: 2018-03-09 03:48:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable March 9, 2018.
ContactCaitlin Monks, 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) 482-2670.
FR Citation83 FR 10431 

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