83_FR_10711 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

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)

Page Range10663-10664
FR Document2018-04897

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 Issue 48 (Monday, March 12, 2018) 
[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

Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices 10663 DEPARTMENT OF COMMERCE section 771(9)(C) of the Act.3 This Although the HTSUS subheadings are notice was filed within the time period provided for convenience and customs International Trade Administration specified in 19 CFR 351.218(d)(1)(i).4 purposes, our written description of the On December 1, 2017, pursuant to 19 scope of the order is dispositive. [A–570–979] CFR 351.218(d)(3)(i), SolarWorld filed a Analysis of Comments Received timely and adequate substantive Crystalline Silicon Photovoltaic Cells, response.5 Commerce did not receive a A complete discussion of all issues Whether or Not Assembled Into substantive response from any raised in this sunset review, specifically Modules, From the People’s Republic respondent interested party. As a result, the likelihood of continuation or of China: Final Results of the pursuant to section 751(c)(3)(B) of the recurrence of dumping and the Expedited First Sunset Review of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), magnitude of the margins likely to Antidumping Duty Order Commerce conducted an expedited prevail if the Order were to be revoked, (120-day) first sunset review of the is provided in the accompanying Issues AGENCY: Enforcement and Compliance, Order. Commerce exercised its and Decision Memorandum, which is International Trade Administration, discretion to toll all deadlines affected hereby adopted by this notice.8 The Department of Commerce. by the closure of the Federal Issues and Decision Memorandum is a SUMMARY: As a result of this first sunset Government from January 20 through public document and is on file review, the Department of Commerce 22, 2018. If the new deadline falls on a electronically via Enforcement and (Commerce) finds that revocation of the non-business day, in accordance with Compliance’s Antidumping and antidumping duty order on crystalline Commerce’s practice, the deadline will Countervailing Duty Centralized silicon photovoltaic cells, whether or become the next business day. The Electronic Service System (ACCESS). not assembled into modules, from the revised deadline for the final results is ACCESS is available to registered users People’s Republic of China (China) now March 5, 2018.6 at http://access.trade.gov and to all would be likely to lead to continuation parties in the Central Records Unit, or recurrence of dumping, at the level Scope of the Order Room B8024 of the main Department of indicated in the ‘‘Final Results of Sunset Commerce building. In addition, a The merchandise covered by the order complete version of the Issues and Review’’ section of this notice, infra. is crystalline silicon photovoltaic cells, Decision Memorandum can be accessed DATES: Applicable March 12, 2018. and modules, laminates, and panels, at http://enforcement.trade.gov/frn/. FOR FURTHER INFORMATION CONTACT: consisting of crystalline silicon The signed Issues and Decision Magd Zalok or Howard Smith, AD/CVD photovoltaic cells, whether or not Memorandum and the electronic Operations, Office IV, Enforcement and partially or fully assembled into other version of the Issues and Decision Compliance, International Trade products, including, but not limited to, Memorandum are identical in content. Administration, U.S. Department of modules, laminates, panels and building Commerce, 1401 Constitution Avenue integrated materials. Merchandise Final Results of Sunset Review NW, Washington, DC 20230; telephone: covered by this order is classifiable Pursuant to sections 751(c)(1), (202) 482–4162 or (202) 482–5193, under subheadings 8501.61.0000, 752(c)(1) and (3) of the Act, Commerce respectively. 8507.20.80, 8541.40.6020, 8541.40.6030, determines that revocation of the Order and 8501.31.8000 of the Harmonized would likely lead to continuation or SUPPLEMENTARY INFORMATION: Tariff Schedule of the United States recurrence of dumping, and that the Background (HTSUS).7 magnitude of the dumping margins On December 7, 2012, Commerce likely to prevail would be weighted- 3 See Letter from SolarWorld to Commerce re, published in the Federal Register the average dumping margins up to 249.96 ‘‘Crystalline Silicon Photovoltaic Cells, Whether or antidumping duty order on crystalline Not Assembled into Modules, from the People’s percent. silicon photovoltaic cells, whether or Republic of China: Notice of Intent to Participate in Notification Regarding Administrative not assembled into modules (CSPV Sunset Review,’’ dated November 13, 2017. Protective Orders cells) from China.1 On November 1, 4 See Id. 2017, Commerce published the notice of 5 See Letter from SolarWorld to Commerce re, This notice also serves as the only ‘‘Crystalline Silicon Photovoltaic Cells, Whether or reminder to parties subject to initiation of this sunset review of the Not Assembled into Modules, from the People’s Order, pursuant to section 751(c) of the Republic of China: Substantive Response to Notice administrative protective order (APO) of Tariff Act of 1930, as amended (the of Initiation of Sunset Review,’’ dated December 1, their responsibility concerning the Act).2 On November 13, 2017, pursuant 2017 (SolarWorld Substantive Response). return or destruction of proprietary to 19 CFR 351.218(d)(1), Commerce 6 See Memorandum for The Record from information disclosed under APO in Christian Marsh, Deputy Assistant Secretary for accordance with 19 CFR 351.305. received a timely and complete notice of Enforcement and Compliance, performing the non- intent to participate in the sunset review exclusive functions and duties of the Assistant Timely notification of the return or from SolarWorld Americas, Inc. Secretary for Enforcement and Compliance, destruction of APO materials or (SolarWorld), in which SolarWorld ‘‘Deadlines Affected by the Shutdown of the conversion to judicial protective orders claimed interested party status, as a Federal Government’’ (Tolling Memorandum), is hereby requested. Failure to comply dated January 23, 2018. All deadlines in this with the regulations and terms of an domestic producer of CSPV cells, under segment of the proceeding have been extended by 3 days. APO is a violation which is subject to amozie on DSK30RV082PROD with NOTICES 1 See Crystalline Silicon Photovoltaic Cells, 7 For a complete description of the scope of the sanction. Whether or Not Assembled Into Modules, from the Order, see Commerce’s Issues and Decision We are issuing and publishing the People’s Republic of China: Amended Final Memorandum for the Expedited First Sunset results and notice in accordance with Determination of Sales at Less Than Fair Value, Review of the Antidumping Duty Order on and Antidumping Duty Order, 77 FR 73018 sections 751(c), 752(c), and 777(i)(1) of Crystalline Silicon Photovoltaic Cells, Whether or (December 7, 2012) (Order). Not Assembled into Modules, from the People’s the Act and 19 CFR 351.218. 2 See Initiation of Five-Year (Sunset) Review, 82 Republic of China (Issues and Decision FR 50612 (November 1, 2017). Memorandum), dated concurrently with this notice. 8 Id. VerDate Sep<11>2014 18:12 Mar 09, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\12MRN1.SGM 12MRN1

10664 Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices Dated: March 5, 2018. events that occurred since Commerce Weighted- Gary Taverman, published these results, as well as a full Producer/exporter average Deputy Assistant Secretary for Antidumping discussion of the issues raised by parties margin (percent) and Countervailing Duty Operations, for this final determination, may be performing the non-exclusive functions and found in the Issues and Decision Productos Laminados de duties of the Assistant Secretary for Memorandum, which is hereby adopted Monterrey S.A. de C.V./Aceros Enforcement and Compliance. by this notice.3 Cuatro Caminos S.A. de C.V. 0.00. [FR Doc. 2018–04897 Filed 3–9–18; 8:45 am] BILLING CODE 3510–DS–P Scope of the Order Disclosure The products covered by the scope of We will disclose the calculations DEPARTMENT OF COMMERCE the order are certain light-walled performed to parties in this proceeding rectangular pipe and tube from Mexico. within five days of the date of International Trade Administration For a complete description of the scope, publication of this notice, in accordance see the Issues and Decision with 19 CFR 351.224(b). [A–201–836] Memorandum. Duty Assessment Light-Walled Rectangular Pipe and Analysis of Comments Received Commerce shall determine and U.S. Tube From Mexico: Final Results of Customs and Border Protection (CBP) Antidumping Duty Administrative All issues raised in the case and shall assess antidumping duties on all Review; 2015–2016 rebuttal briefs by parties to this appropriate entries.4 Because the AGENCY: Enforcement and Compliance, administrative review are addressed in weighted-average dumping margin of International Trade Administration, the Issues and Decision Memorandum. the sole respondent covered by this Department of Commerce. A list of the issues raised by parties is administrative review is zero, we will attached to this notice as Appendix. The instruct CBP to liquidate entries covered SUMMARY: The Department of Commerce Issues and Decision Memorandum is a by this review period without regarding (Commerce) determines that sales of to antidumping duties. light-walled rectangular pipe and tube public document and is on file electronically via Enforcement and We intend to issue assessment (LWRPT) from Mexico by Productos instructions directly to CBP 15 days Laminados de Monterrey S.A. de C.V Compliance’s Antidumping and Countervailing Duty Centralized after publication of the final results of (Productos Laminados) and affiliated this review. reseller, Aceros Cuatro Caminos S.A. de Electronic Service System (ACCESS). C.V. (A4C) (collectively, Prolamsa) were ACCESS is available to registered users Cash Deposit Requirements not made at prices below normal value at https://access.trade.gov and it is The following cash deposit during the period of review of August 1, available to all parties in the Central requirements will be effective upon 2015, through July 31, 2016. Records Unit, Room B8024 of the main publication of this notice for all DATES: Applicable March 12, 2018. Department of Commerce building. In shipments of subject merchandise FOR FURTHER INFORMATION CONTACT: addition, a complete version of the entered, or withdrawn from warehouse, Madeline Heeren, AD/CVD Operations, Issues and Decision Memorandum can for consumption on or after the Office VI, Enforcement and Compliance, be accessed directly at http:// publication of these final results, as International Trade Administration, enforcement.trade.gov/frn/index.html. provided by section 751(a)(2) of the Act: U.S. Department of Commerce, 1401 The signed and electronic versions of (1) The cash deposit rate for Constitution Avenue NW, Washington, the Issues and Decision Memorandum respondents noted above will be the rate DC 20230; telephone: (202) 482–9179. are identical in content. established in the final results of this administrative review; (2) for SUPPLEMENTARY INFORMATION: Changes Since the Preliminary Results merchandise exported by manufacturers Background or exporters not covered in this No changes were made as a result of administrative review but covered in a On September 6, 2017, Commerce our review of the record and comments prior segment of the proceeding, the published the Preliminary Results.1 received from interested parties. For a cash deposit rate will continue to be the Commerce has exercised its discretion discussion, see the ‘‘Discussion of the company specific rate published for the to toll deadlines for the duration of the Issues’’ section of the Issues and most recently completed segment of this closure of the Federal Government from Decision Memorandum. proceeding; (3) if the exporter is not a January 20 through 22, 2018. If the new firm covered in this review, a prior deadline falls on a non-business day, in Final Results of the Review review, or the original investigation, but accordance with Commerce’s practice, the manufacturer is, the cash deposit the deadline will become the next The final weighted-average dumping margin is as follows: rate will be the rate established for the business day. The revised deadline for most recently completed segment of this the final results of this review is now proceeding for the manufacturer of the March 8, 2018.2 A summary of the subject merchandise; and (4) the cash 1 See Light-Walled Rectangular Pipe and Tube deposit rate for all other manufacturers from Mexico: Preliminary Results of Antidumping or exporters will continue to be 3.76 dated January 23, 2018. All deadlines in this Duty Administrative Review; 2015–2016, 82 FR percent, the all-others rate established amozie on DSK30RV082PROD with NOTICES segment of the proceeding have been extended by 42076 (September 6, 2017) (Preliminary Results). 3 days. 2 See Memorandum for The Record from 4 In these final results, Commerce applied the 3 See Memorandum, ‘‘Issues and Decision Christian Marsh, Deputy Assistant Secretary for assessment rate calculation method adopted in Enforcement and Compliance, performing the non- Memorandum for the Final Results of the Antidumping Proceedings: Calculation of the exclusive functions and duties of the Assistant Administrative Review of the Antidumping Duty Weighted-Average Dumping Margin and Secretary for Enforcement and Compliance, Order on Light-Walled Rectangular Pipe and Tube Assessment Rate in Certain Antidumping ‘‘Deadlines Affected by the Shutdown of the from Mexico; 2015–2016,’’ dated concurrently with Proceedings: Final Modification, 77 FR 8101 Federal Government’’ (Tolling Memorandum), this notice (Issues and Decision Memorandum). (February 14, 2012). VerDate Sep<11>2014 20:11 Mar 09, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\12MRN1.SGM 12MRN1


Document Created: 2018-11-01 08:51:50
Document Modified: 2018-11-01 08:51:50
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 12, 2018.
ContactMagd 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.
FR Citation83 FR 10663 
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