83 FR 10663 - 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 Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 48 (March 12, 2018)

As a result of this first sunset review, the Department of Commerce (Commerce) finds that revocation of the antidumping duty order on crystalline silicon photovoltaic 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 dumping, at the level indicated in the ``Final Results of Sunset Review'' section of this notice, infra.

[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Notices]
[Pages 10663-10664]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04897]



[[Page 10663]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-979]


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 Antidumping Duty Order

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

SUMMARY: As a result of this first sunset review, the Department of 
Commerce (Commerce) finds that revocation of the antidumping duty order 
on crystalline silicon photovoltaic 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 dumping, at the level 
indicated in the ``Final Results of Sunset Review'' section of this 
notice, infra.

DATES: Applicable March 12, 2018.

FOR FURTHER INFORMATION CONTACT: Magd Zalok or Howard Smith, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4162 or (202) 482-5193, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 7, 2012, Commerce published in the Federal Register the 
antidumping duty order on crystalline silicon photovoltaic cells, 
whether or not assembled into modules (CSPV cells) from China.\1\ On 
November 1, 2017, Commerce published the notice of initiation of this 
sunset review of the Order, pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act).\2\ On November 13, 2017, pursuant to 
19 CFR 351.218(d)(1), Commerce received a timely and complete notice of 
intent to participate in the sunset review from SolarWorld Americas, 
Inc. (SolarWorld), in which SolarWorld claimed interested party status, 
as a domestic producer of CSPV cells, under section 771(9)(C) of the 
Act.\3\ This notice was filed within the time period specified in 19 
CFR 351.218(d)(1)(i).\4\ On December 1, 2017, pursuant to 19 CFR 
351.218(d)(3)(i), SolarWorld filed a timely and adequate substantive 
response.\5\ Commerce did not receive a substantive response from any 
respondent interested party. As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted an expedited (120-day) first sunset review of the Order. 
Commerce exercised its discretion to toll all deadlines affected by the 
closure of the Federal Government from January 20 through 22, 2018. If 
the new deadline falls on a non-business day, in accordance with 
Commerce's practice, the deadline will become the next business day. 
The revised deadline for the final results is now March 5, 2018.\6\
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    \1\ See 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) (Order).
    \2\ See Initiation of Five-Year (Sunset) Review, 82 FR 50612 
(November 1, 2017).
    \3\ See Letter from SolarWorld to Commerce re, ``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,'' dated November 13, 2017.
    \4\ See Id.
    \5\ See Letter from SolarWorld to Commerce re, ``Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, 
from the People's Republic of China: Substantive Response to Notice 
of Initiation of Sunset Review,'' dated December 1, 2017 (SolarWorld 
Substantive Response).
    \6\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days.
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Scope of the Order

    The merchandise covered by the order 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. 
Merchandise covered by this order is 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).\7\
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    \7\ For a complete description of the scope of the Order, see 
Commerce's Issues and Decision Memorandum for the Expedited First 
Sunset Review of the Antidumping Duty Order on Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules, from the 
People's Republic of China (Issues and Decision Memorandum), dated 
concurrently with this notice.
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    Although the HTSUS subheadings are provided for convenience and 
customs purposes, our written description of the scope of the order is 
dispositive.

Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review, 
specifically the likelihood of continuation or recurrence of dumping 
and the magnitude of the margins likely to prevail if the Order were to 
be revoked, is provided in the accompanying Issues and Decision 
Memorandum, which is hereby adopted by this notice.\8\ 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.
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    \8\ Id.
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Final Results of Sunset Review

    Pursuant to sections 751(c)(1), 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Order would likely lead to 
continuation or recurrence of dumping, and that the magnitude of the 
dumping margins likely to prevail would be weighted-average dumping 
margins up to 249.96 percent.

Notification Regarding Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
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 is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 
351.218.


[[Page 10664]]


    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. 2018-04897 Filed 3-9-18; 8:45 am]
BILLING CODE 3510-DS-P