83 FR 34828 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 141 (July 23, 2018)
International Trade Administration
Federal Register Volume 83, Issue 141 (July 23, 2018)
| Page Range | 34828-34830 | |
| FR Document | 2018-15692 |
[Federal Register Volume 83, Number 141 (Monday, July 23, 2018)] [Notices] [Pages 34828-34830] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15692] ----------------------------------------------------------------------- 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 Countervailing Duty Administrative Review; 2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Canadian Solar Inc. and its cross-owned affiliates (collectively, Canadian Solar) and Changzhou Trina Solar Energy Co., Ltd. and its cross-owned affiliates (collectively, Trina Solar), exporters/producers of crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the People's Republic of China (China), received countervailable subsidies during the period of review (POR) January 1, 2015, through December 31, 2015. DATES: Applicable July 23, 2018. FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, 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) 482-3586. SUPPLEMENTARY INFORMATION: Background Commerce published the Preliminary Results of this administrative review on January 10, 2018.\1\ We invited interested parties to comment on the Preliminary Results. On March 5, 2018, we received timely case briefs from the following interested parties: SolarWorld Americas Inc. (the petitioner), the Government of China (GOC), Canadian Solar, and Trina Solar.\2\ On March 12, 2018, we received timely rebuttal comments from the petitioner; the GOC; Canadian Solar; Trina Solar; and Sumec Hardware & Tools Co., Ltd. (Sumec).\3\ --------------------------------------------------------------------------- \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, and Rescission of Review, in Part; 2015, 83 FR 1235 (January 10, 2018) (Preliminary Results) and accompanying Preliminary Decision Memorandum. \2\ See Letter from the petitioner, ``Certain Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China; Case Brief of SolarWorld Americas, Inc.,'' dated March 5, 2018 (Petitioner's Case Brief); Letter from the GOC, ``GOC Administrative Case Brief: Fourth Administrative Review of the Countervailing Duty Order on Crystalline Silicon Photovoltaic Cells, Whether or not Assembled into Modules from the People's Republic of China (C-570-980),'' dated March 5, 2018 (GOC's Case Brief); Letter from Canadian Solar, ``Administrative Review of the Countervailing Duty Order on Crystalline Silicon Photovoltaic Cells, Whether Or Not Assembled into Modules from the People's Republic of China: Case Brief,'' dated March 5, 2018 (Canadian Solar's Case Brief); and Letter from Trina Solar, ``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules from the People's Republic of China: Case Brief,'' dated March 5, 2018 (Trina Solar's Case Brief). \3\ See Letter from the petitioner, ``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Rebuttal Brief of SolarWorld Americas, Inc.,'' dated March 12, 2018. (Petitioner's Rebuttal Brief); Letter from the GOC, ``GOC Rebuttal Brief: Fourth Administrative Review of the Countervailing Duty Order on Crystalline Silicon Photovoltaic Cells, Whether or not Assembled into Modules from the People's Republic of China (C-570-980),'' dated March 12, 2018 (GOC's Rebuttal Brief); Letter from Canadian Solar, ``Administrative Review of the Countervailing Duty order on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled in Modules from the People's Republic of China: Rebuttal Case Brief,'' dated March 12, 2018. (Canadian Solar's Rebuttal Brief); Letter from Trina Solar, ''Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules from the People's Republic of China: Rebuttal Brief,'' dated March 12, 2018 (Trina Solar's Rebuttal Brief); and Letter from Sumec, ``SHTC Letter in Lieu of Rebuttal Brief: Administrative Review of the Countervailing Duty Order on Crystalline Silicon Photovoltaic Cells, Whether or not Assembled into Modules from the People's Republic of China,'' dated March 12, 2018. In its letter, Sumec submits that Commerce should adopt the positions put forward in the case and rebuttal briefs submitted by Canadian Solar and Trina Solar. --------------------------------------------------------------------------- Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through January 22, 2018.\4\ As a result, all deadlines in this segment of the proceeding have been extended by three days. On May 11, 2018, we extended the deadline for issuing the final results of this administrative review by 45 days, to June 27, 2018.\5\ On June 21, 2018, we extended the period for issuing the final results by an additional 15 days, to July 12, 2018.\6\ --------------------------------------------------------------------------- \4\ See Memorandum, ``Deadlines Affected by the Shutdown of the Federal Government,'' dated January 23, 2018. \5\ See Memorandum, ``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Extension of Deadline for Final Results of 2015 Countervailing Duty Administrative Review,'' dated May 11, 2018. \6\ See Memorandum, ``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Section Extension of Deadline for Final Results of 2015 Countervailing Duty Administrative Review,'' dated June 21, 2018. --------------------------------------------------------------------------- Scope of the Order The products covered by the order are solar cells from China. A full description of the scope of the order is contained in the Issues and Decision Memorandum, which is hereby adopted by this notice.\7\ --------------------------------------------------------------------------- \7\ See Memorandum, ``Decision Memorandum for the Final Results of Countervailing Duty Administrative Review: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China; 2015,'' dated concurrently with this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in interested parties' briefs are listed in the Appendix to this notice and are addressed in the Issues and Decision Memorandum. 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 in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly 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. Changes Since the Preliminary Results Based on case briefs, rebuttal briefs, and all supporting documentation, we made changes from the Preliminary Results. For the final results, we are [[Page 34829]] relying solely on Maersk ocean freight prices to value international freight when constructing our benchmarks for measuring the adequacy of remuneration for the company respondents' input purchases. We also corrected certain clerical errors made in our calculations.\8\ --------------------------------------------------------------------------- \8\ See the Issues and Decision Memorandum for a full discussion of the changes made since the Preliminary Results. --------------------------------------------------------------------------- Methodology Commerce conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as mended (the Act). For each of the subsidy programs found to be countervailable, we find that there is a subsidy, i.e., a financial contribution from a government or public entity that gives rise to a benefit to the recipient, and that the subsidy is specific.\9\ For a full description of the methodology underlying all of Commerce's conclusions, including any determination that relied upon the use of facts available pursuant to sections 776(a) and (b) of the Act, see the Issues and Decision Memorandum. --------------------------------------------------------------------------- \9\ See section 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. --------------------------------------------------------------------------- Final Results of Administrative Review In accordance with section 777A(e) of the Act and 19 CFR 351.221(b)(5), we calculated a countervailable subsidy rate for the two mandatory respondents, Canadian Solar and Trina Solar. For the non- selected companies subject to this review, we followed out practice, which is to base the subsidy rates on an average of the subsidy rates calculated for those companies selected for individual review, excluding de minimis rates or rates based entirely on adverse facts available.\10\ In this case, for the non-selected companies, we calculated a rate by weight-averaging the calculated subsidy rates of the two mandatory respondents using their publicly-ranged sales data for exports of subject merchandise to the United States during the POR. We find the countervailable subsidy rates for the producers/exporters under review to be as follows: --------------------------------------------------------------------------- \10\ See, e.g., Certain Pasta from Italy: Preliminary Results of the 13th (2008) Countervailing Duty Administrative Review, 75 FR 18806, 18811 (April 13, 2010), unchanged in Certain Pasta from Italy: Final Results of the 13th (2008) Countervailing Duty Administrative Review, 75 FR 37386 (June 29, 2010); see also Issues and Decision Memorandum at the section, ``Non-Selected Companies Under Review.'' ------------------------------------------------------------------------ Subsidy rate Producer/exporter (percent ad valorem) ------------------------------------------------------------------------ Canadian Solar and its Cross-Owned Affiliates \11\...... 14.34 Trina Solar and its Cross-Owned Affiliates \12\......... 11.39 ------------------------------------------------------------------------ Review-Specific Average Rate Applicable to the Non-Selected Companies Subject to this Review: --------------------------------------------------------------------------- \11\ Cross-owned affiliates are: Canadian Solar Inc.; Canadian Solar Manufacturing (Luoyang) Inc.; Canadian Solar Manufacturing (Changshu) Inc.; CSI Cells Co., Ltd.; CSI Solar Power (China) Inc.; CSI Solartronics (Changshu) Co., Ltd.; CSI Solar Technologies Inc.; CSI Solar Manufacture Inc. (name was changed to CSI New Energy Holding Co., Ltd. in July 2015); CSI-GCL Solar Manufacturing (Yancheng) Co., Ltd.; Changshu Tegu New Materials Technology Co., Ltd.; Changshu Tlian Co., Ltd.; and Suzhou Sanysolar Materials Technology Co., Ltd. See Preliminary Decision Memorandum. \12\ Cross-owned affiliates are: Changzhou Trina Solar Energy Co., Ltd.; Trina Solar (Changzhou) Science and Technology Co., Ltd.; Yancheng Trina Solar Energy Technology Co., Ltd.; Changzhou Trina Solar Yabang Energy Co., Ltd.; Hubei Trina Solar Energy Co., Ltd.; Turpan Trina Solar Energy Co., Ltd.; and Changzhou Trina PV Ribbon Materials Co., Ltd. ------------------------------------------------------------------------ Subsidy rate Producer/exporter (percent ad valorem) ------------------------------------------------------------------------ Baoding Jiasheng Photovoltaic Technology Co., Ltd....... 13.20 Baoding Tianwei Yingli New Energy Resources Co., Ltd.... 13.20 Beijing Tianneng Yingli New Energy Resources Co., Ltd... 13.20 Canadian Solar International, Ltd....................... 13.20 Chint Solar (Zhejiang) Co., Ltd......................... 13.20 Dongguan Sunworth Solar Energy Co., Ltd................. 13.20 ERA Solar Co., Ltd...................................... 13.20 ET Solar Energy Limited................................. 13.20 ET Solar Industry Limited............................... 13.20 Hainan Yingli New Energy Resources Co., Ltd............. 13.20 Hangzhou Sunny Energy Science and Technology Co., Ltd... 13.20 Hangzhou Zhejiang University Sunny Energy Science and 13.20 Technology Co., Ltd.................................... Hengdian Group DMEGC Magnetics Co., Ltd................. 13.20 Hengshui Yingli New Energy Resources Co., Ltd........... 13.20 JA Solar Technology Yangzhou Co., Ltd................... 13.20 Jiangsu High Hope Int'l Group........................... 13.20 Jiawei Solarchina Co., Ltd.............................. 13.20 Jiawei Solarchina (Shenzhen) Co., Ltd................... 13.20 JingAo Solar Co., Ltd................................... 13.20 Jinko Solar Co., Ltd.................................... 13.20 Jinko Solar Import and Export Co., Ltd.................. 13.20 Jinko Solar International Limited....................... 13.20 Jinko Solar (U.S.) Inc.................................. 13.20 Lightway Green New Energy Co., Ltd...................... 13.20 Lixian Yingli New Energy Resources Co., Ltd............. 13.20 Luoyang Suntech Power Co., Ltd.......................... 13.20 Ningbo Qixin Solar Electrical Appliance Co., Ltd........ 13.20 Risen Energy Co., Ltd................................... 13.20 Shanghai JA Solar Technology Co., Ltd................... 13.20 Shenzhen Glory Industries Co., Ltd...................... 13.20 Shenzhen Topray Solar Co., Ltd.......................... 13.20 Sumec Hardware & Tools Co. Ltd.......................... 13.20 Systemes Versilis, Inc.................................. 13.20 Taizhou BD Trade Co., Ltd............................... 13.20 tenKsolar (Shanghai) Co., Ltd........................... 13.20 Tianjin Yingli New Energy Resources Co., Ltd............ 13.20 Toenergy Technology Hangzhou Co., Ltd................... 13.20 Wuxi Suntech Power Co., Ltd............................. 13.20 Yingli Energy (China) Co., Ltd.......................... 13.20 Zhejiang Era Solar Technology Co., Ltd.................. 13.20 Zhejiang Jinko Solar Co., Ltd........................... 13.20 Zhejiang Sunflower Light Energy Science & Technology 13.20 Limited Liability Company.............................. ------------------------------------------------------------------------ Disclosure We will disclose to the parties in this proceeding the calculations performed for these final results within five days of publication of this notice in the Federal Register.\13\ --------------------------------------------------------------------------- \13\ See 19 CFR 351.224(b). --------------------------------------------------------------------------- [[Page 34830]] Assessment Rates Consistent with 19 CFR 351.212(b)(2), we intend to issue assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of these final results of review, to liquidate shipments of subject merchandise produced and/or exported by the companies listed above, entered, or withdrawn from warehouse, for consumption on or after January 1, 2015, through December 31, 2015, at the ad valorem rates listed above. Cash Deposit Instructions In accordance with section 751(a)(1) of the Act, we intend to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of the respective companies listed above. These cash deposit requirements, when imposed, shall remain in effect until further notice. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations of an APO is an sanctionable violation. We are issuing and publishing these final results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: July 12, 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. Appendix--Issues and Decision Memorandum I. Summary II. Background III. List of Interested Party Comments IV. Scope of the Order V. Changes Since the Preliminary Results VI. Non-Selected Companies Under Review VII. Subsidies Valuation Information VIII. Use of Facts Available and Adverse Inferences IX. Programs Determined to be Countervailable X. Program Determined to be Not Countervailable During the POR XI. Programs Determined to be Not Used or Not To Confer a Measurable Benefit During the POR XII. Analysis of Comments XIII. Conclusion [FR Doc. 2018-15692 Filed 7-20-18; 8:45 am] BILLING CODE 3510-DS-P
![34828 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices
correct any ministerial errors within a Commerce, 1401 Constitution Avenue Commerce exercised its discretion to
reasonable time after the determinations NW, Washington, DC 20230; telephone; toll all deadlines affected by the closure
are issued under this section. A (202) 482–3586. of the Federal Government from January
ministerial error is defined at 19 CFR SUPPLEMENTARY INFORMATION: 20 through January 22, 2018.4 As a
351.224(f) as an error ‘‘in addition, result, all deadlines in this segment of
subtraction, or other arithmetic Background the proceeding have been extended by
function, clerical errors resulting from Commerce published the Preliminary three days. On May 11, 2018, we
inaccurate copying, duplication, or the Results of this administrative review on extended the deadline for issuing the
like, and any other type of unintentional January 10, 2018.1 We invited interested final results of this administrative
error. . .’’ Therefore, we are amending parties to comment on the Preliminary review by 45 days, to June 27, 2018.5 On
the Final Results of the administrative Results. On March 5, 2018, we received June 21, 2018, we extended the period
review covering the period January 1, timely case briefs from the following for issuing the final results by an
2015, through December 31, 2015. This interested parties: SolarWorld Americas additional 15 days, to July 12, 2018.6
notice serves to correct the misspelled Inc. (the petitioner), the Government of
Scope of the Order
exporter company name listed in the China (GOC), Canadian Solar, and Trina
Final Results. No other changes have Solar.2 On March 12, 2018, we received The products covered by the order are
been made to the Final Results. timely rebuttal comments from the solar cells from China. A full
These amended final results are petitioner; the GOC; Canadian Solar; description of the scope of the order is
published in accordance with sections Trina Solar; and Sumec Hardware & contained in the Issues and Decision
751(a)(1), 751(h), and 777(i)(1) of the Tools Co., Ltd. (Sumec).3 Memorandum, which is hereby adopted
Act, and 19 CFR 351.213. by this notice.7
1 See Crystalline Silicon Photovoltaic Cells,
Dated: July 17, 2018. Whether or Not Assembled Into Modules, from the
Analysis of Comments Received
Gary Taverman, People’s Republic of China: Preliminary Results of All issues raised in interested parties’
Countervailing Duty Administrative Review, and briefs are listed in the Appendix to this
Deputy Assistant Secretary for Antidumping
Rescission of Review, in Part; 2015, 83 FR 1235
and Countervailing Duty Operations, (January 10, 2018) (Preliminary Results) and notice and are addressed in the Issues
performing the non-exclusive functions and accompanying Preliminary Decision Memorandum. and Decision Memorandum. The Issues
duties of the Assistant Secretary for 2 See Letter from the petitioner, ‘‘Certain
and Decision Memorandum is a public
Enforcement and Compliance. Crystalline Silicon Photovoltaic Cells, Whether or document and is on file electronically
[FR Doc. 2018–15689 Filed 7–20–18; 8:45 am] Not Assembled Into Modules, from the People’s
Republic of China; Case Brief of SolarWorld via Enforcement and Compliance’s
BILLING CODE 3510–DS–P Americas, Inc.,’’ dated March 5, 2018 (Petitioner’s Antidumping and Countervailing Duty
Case Brief); Letter from the GOC, ‘‘GOC Centralized Electronic Service System
Administrative Case Brief: Fourth Administrative (ACCESS). ACCESS is available to
DEPARTMENT OF COMMERCE Review of the Countervailing Duty Order on
Crystalline Silicon Photovoltaic Cells, Whether or registered users at http://
not Assembled into Modules from the People’s access.trade.gov and in the Central
International Trade Administration Republic of China (C–570–980),’’ dated March 5, Records Unit, Room B8024 of the main
[C–570–980] 2018 (GOC’s Case Brief); Letter from Canadian Commerce building. In addition, a
Solar, ‘‘Administrative Review of the
Countervailing Duty Order on Crystalline Silicon complete version of the Issues and
Crystalline Silicon Photovoltaic Cells, Photovoltaic Cells, Whether Or Not Assembled into Decision Memorandum can be accessed
Whether or Not Assembled Into Modules from the People’s Republic of China: Case directly at http://enforcement.trade.gov/
Modules, From the People’s Republic Brief,’’ dated March 5, 2018 (Canadian Solar’s Case frn. The signed Issues and Decision
of China: Final Results of Brief); and Letter from Trina Solar, ‘‘Crystalline
Silicon Photovoltaic Cells, Whether or Not Memorandum and the electronic
Countervailing Duty Administrative Assembled Into Modules from the People’s version of the Issues and Decision
Review; 2015 Republic of China: Case Brief,’’ dated March 5, 2018 Memorandum are identical in content.
(Trina Solar’s Case Brief).
AGENCY: Enforcement and Compliance, 3 See Letter from the petitioner, ‘‘Crystalline Changes Since the Preliminary Results
International Trade Administration, Silicon Photovoltaic Cells, Whether or Not
Based on case briefs, rebuttal briefs,
Department of Commerce. Assembled Into Modules, from the People’s
Republic of China: Rebuttal Brief of SolarWorld and all supporting documentation, we
SUMMARY: The Department of Commerce Americas, Inc.,’’ dated March 12, 2018. (Petitioner’s made changes from the Preliminary
(Commerce) determines that Canadian Rebuttal Brief); Letter from the GOC, ‘‘GOC Rebuttal Results. For the final results, we are
Solar Inc. and its cross-owned affiliates Brief: Fourth Administrative Review of the
(collectively, Canadian Solar) and Countervailing Duty Order on Crystalline Silicon 4 See Memorandum, ‘‘Deadlines Affected by the
Photovoltaic Cells, Whether or not Assembled into
Changzhou Trina Solar Energy Co., Ltd. Modules from the People’s Republic of China (C– Shutdown of the Federal Government,’’ dated
and its cross-owned affiliates 570–980),’’ dated March 12, 2018 (GOC’s Rebuttal January 23, 2018.
5 See Memorandum, ‘‘Crystalline Silicon
(collectively, Trina Solar), exporters/ Brief); Letter from Canadian Solar, ‘‘Administrative
Review of the Countervailing Duty order on Photovoltaic Cells, Whether or Not Assembled Into
producers of crystalline silicon Modules, from the People’s Republic of China:
Crystalline Silicon Photovoltaic Cells, Whether or
photovoltaic cells, whether or not Not Assembled in Modules from the People’s Extension of Deadline for Final Results of 2015
assembled into modules (solar cells), Republic of China: Rebuttal Case Brief,’’ dated Countervailing Duty Administrative Review,’’ dated
from the People’s Republic of China March 12, 2018. (Canadian Solar’s Rebuttal Brief); May 11, 2018.
6 See Memorandum, ‘‘Crystalline Silicon
(China), received countervailable Letter from Trina Solar, ’’Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into Photovoltaic Cells, Whether or Not Assembled Into
subsidies during the period of review Modules from the People’s Republic of China: Modules, from the People’s Republic of China:
(POR) January 1, 2015, through Rebuttal Brief,’’ dated March 12, 2018 (Trina Solar’s Section Extension of Deadline for Final Results of
amozie on DSK3GDR082PROD with NOTICES1
December 31, 2015. Rebuttal Brief); and Letter from Sumec, ‘‘SHTC 2015 Countervailing Duty Administrative Review,’’
Letter in Lieu of Rebuttal Brief: Administrative dated June 21, 2018.
DATES: Applicable July 23, 2018. Review of the Countervailing Duty Order on 7 See Memorandum, ‘‘Decision Memorandum for
FOR FURTHER INFORMATION CONTACT: Crystalline Silicon Photovoltaic Cells, Whether or the Final Results of Countervailing Duty
Gene H. Calvert, AD/CVD Operations, not Assembled into Modules from the People’s Administrative Review: Crystalline Silicon
Republic of China,’’ dated March 12, 2018. In its Photovoltaic Cells, Whether or Not Assembled Into
Office VII, Enforcement and letter, Sumec submits that Commerce should adopt Modules, from the People’s Republic of China;
Compliance, International Trade the positions put forward in the case and rebuttal 2015,’’ dated concurrently with this notice (Issues
Administration, U.S. Department of briefs submitted by Canadian Solar and Trina Solar. and Decision Memorandum).
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![34830 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices
Assessment Rates XIII. Conclusion treatment. Annex 3–B of the Agreement
[FR Doc. 2018–15692 Filed 7–20–18; 8:45 am] also lists specific fabrics, yarns, and
Consistent with 19 CFR 351.212(b)(2), fibers that the two countries agreed are
BILLING CODE 3510–DS–P
we intend to issue assessment not available in commercial quantities
instructions to U.S. Customs and Border in a timely manner from producers in
Protection (CBP) 15 days after the date Colombia or the United States. The
DEPARTMENT OF COMMERCE
of publication of these final results of fabrics listed are commercially
review, to liquidate shipments of subject International Trade Administration unavailable fabrics, yarns, and fibers,
merchandise produced and/or exported which are also entitled to duty-free
by the companies listed above, entered, Proposed Information Collection; treatment despite not being produced in
or withdrawn from warehouse, for Comment Request; Interim Procedures Colombia or the United States.
consumption on or after January 1, for Considering Requests Under the The list of commercially unavailable
2015, through December 31, 2015, at the Commercial Availability Provision of fabrics, yarns, and fibers may be
ad valorem rates listed above. the United States—Colombia Trade changed pursuant to the commercial
Cash Deposit Instructions Promotion Agreement (U.S.-Colombia availability provision in Chapter 3,
TPA) Article 3.3, Paragraphs 5–7 of the
In accordance with section 751(a)(1) Agreement. Under this provision,
of the Act, we intend to instruct CBP to AGENCY: International Trade
interested entities from Colombia or the
collect cash deposits of estimated Administration, Department of
United States have the right to request
countervailing duties in the amounts Commerce.
that a specific fabric, yarn, or fiber be
shown for each of the respective ACTION: Notice. added to, or removed from, the list of
companies listed above. These cash commercially unavailable fabrics, yarns,
SUMMARY: The Department of
deposit requirements, when imposed, and fibers in Annex 3–B of the
Commerce, as part of its continuing
shall remain in effect until further Agreement.
effort to reduce paperwork and
notice. Chapter 3, Article 3.3, paragraph 7 of
respondent burden, invites the general
the Agreement requires that the
Administrative Protective Orders public and other Federal agencies to
President ‘‘promptly’’ publish
take this opportunity to comment on
This notice also serves as a reminder procedures for parties to exercise the
proposed and/or continuing information right to make these requests. Section
to parties subject to administrative
collections, as required by the 203(o)(4) of the Act authorizes the
protective order (APO) of their
Paperwork Reduction Act of 1995. President to establish procedures to
responsibility concerning the
destruction of proprietary information DATES: Written comments must be modify the list of fabrics, yarns, or fibers
disclosed under APO in accordance submitted on or before September 21, not available in commercial quantities
with 19 CFR 351.305(a)(3). Timely 2018. in a timely manner in either the United
written notification of the return or ADDRESSES: Direct all written comments States or Colombia as set out in Annex
destruction of APO materials or to Jennifer Jessup, Departmental 3–B of the Agreement. The President
conversion to judicial protective order is Paperwork Clearance Officer, delegated the responsibility for
hereby requested. Failure to comply Department of Commerce, Room 6616, publishing the procedures and
with the regulations of an APO is an 14th and Constitution Avenue NW, administering commercial availability
sanctionable violation. Washington, DC 20230 (or via the requests to the Committee for the
We are issuing and publishing these internet at PRAcomments@doc.gov). Implementation of Textile Agreements
final results in accordance with sections (‘‘CITA’’), which issues procedures and
FOR FURTHER INFORMATION CONTACT:
751(a)(1) and 777(i)(1) of the Act. acts on requests through the U.S.
Requests for additional information or
Department of Commerce, Office of
Dated: July 12, 2018. copies of the information collection
Textiles and Apparel (‘‘OTEXA’’) (See
Gary Taverman, instrument and instructions should be
Proclamation No. 8818, 77 FR 29519,
Deputy Assistant Secretary for Antidumping
directed to Laurie Mease, Office of
May 18, 2012).
and Countervailing Duty Operations, Textiles and Apparel, Telephone: 202– The intent of the U.S.-Colombia TPA
performing the non-exclusive functions and 482–2043, Email: Laurie.Mease@ Commercial Availability Procedures is
duties of the Assistant Secretary for trade.gov. to foster the use of U.S. and regional
Enforcement and Compliance. products by implementing procedures
SUPPLEMENTARY INFORMATION:
Appendix—Issues and Decision that allow products to be placed on or
I. Abstract
Memorandum removed from a product list, on a timely
Title II, Section 203(o) of the United basis, and in a manner that is consistent
I. Summary
States-Colombia Trade Promotion with normal business practice. The
II. Background
III. List of Interested Party Comments Agreement Implementation Act (the procedures are intended to facilitate the
IV. Scope of the Order ‘‘Act’’) [Pub. L. 112–42] implements the transmission of requests; allow the
V. Changes Since the Preliminary Results commercial availability provision market to indicate the availability of the
VI. Non-Selected Companies Under Review provided for in Article 3.3 of the United supply of products that are the subject
VII. Subsidies Valuation Information States-Colombia Trade Promotion of requests; make available promptly, to
VIII. Use of Facts Available and Adverse Agreement (the ‘‘Agreement’’). The interested entities and the public,
Inferences Agreement entered into force on May information regarding the requests for
amozie on DSK3GDR082PROD with NOTICES1
IX. Programs Determined to be 15, 2012. Subject to the rules of origin products and offers received for those
Countervailable in Annex 4.1 of the Agreement, products; ensure wide participation by
X. Program Determined to be Not
Countervailable During the POR
pursuant to the textile provisions of the interested entities and parties; allow for
XI. Programs Determined to be Not Used or Agreement, fabric, yarn, and fiber careful review and consideration of
Not To Confer a Measurable Benefit produced in Colombia or the United information provided to substantiate
During the POR States and traded between the two requests, responses and rebuttals; and
XII. Analysis of Comments countries are entitled to duty-free tariff provide timely public dissemination of
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Document Created: 2018-07-21 00:48:36
Document Modified: 2018-07-21 00:48:36
| 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 July 23, 2018. | |
| Contact | Gene H. Calvert, 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) 482-3586. | |
| FR Citation | 83 FR 34828 |
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