Crystalline Silicon Photovoltaic Cells' (Whether or Not Partially or Fully Assembled Into Other Products); Institution and Scheduling of Safeguard Investigation and Determination That the Investigation Is Extraordinarily Complicated, 25331-25333 [2017-11013]
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Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices
transfers of the Domestic Like Product
produced in your U.S. plant(s); and
(e) the value of (i) net sales, (ii) cost
of goods sold (COGS), (iii) gross profit,
(iv) selling, general and administrative
(SG&A) expenses, and (v) operating
income of the Domestic Like Product
produced in your U.S. plant(s) (include
both U.S. and export commercial sales,
internal consumption, and company
transfers) for your most recently
completed fiscal year (identify the date
on which your fiscal year ends).
(10) If you are a U.S. importer or a
trade/business association of U.S.
importers of the Subject Merchandise
from any Subject Country, provide the
following information on your firm’s(s’)
operations on that product during
calendar year 2016 (report quantity data
in short tons and value data in U.S.
dollars). If you are a trade/business
association, provide the information, on
an aggregate basis, for the firms which
are members of your association.
(a) The quantity and value (landed,
duty-paid but not including
antidumping or countervailing duties)
of U.S. imports and, if known, an
estimate of the percentage of total U.S.
imports of Subject Merchandise from
each Subject Country accounted for by
your firm’s(s’) imports;
(b) the quantity and value (f.o.b. U.S.
port, including antidumping and/or
countervailing duties) of U.S.
commercial shipments of Subject
Merchandise imported from each
Subject Country; and
(c) the quantity and value (f.o.b. U.S.
port, including antidumping and/or
countervailing duties) of U.S. internal
consumption/company transfers of
Subject Merchandise imported from
each Subject Country.
(11) If you are a producer, an exporter,
or a trade/business association of
producers or exporters of the Subject
Merchandise in any Subject Country,
provide the following information on
your firm’s(s’) operations on that
product during calendar year 2016
(report quantity data in short tons and
value data in U.S. dollars, landed and
duty-paid at the U.S. port but not
including antidumping or
countervailing duties). If you are a
trade/business association, provide the
information, on an aggregate basis, for
the firms which are members of your
association.
(a) Production (quantity) and, if
known, an estimate of the percentage of
total production of Subject Merchandise
in each Subject Country accounted for
by your firm’s(s’) production;
(b) Capacity (quantity) of your firm(s)
to produce the Subject Merchandise in
each Subject Country (that is, the level
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of production that your establishment(s)
could reasonably have expected to
attain during the year, assuming normal
operating conditions (using equipment
and machinery in place and ready to
operate), normal operating levels (hours
per week/weeks per year), time for
downtime, maintenance, repair, and
cleanup, and a typical or representative
product mix); and
(c) the quantity and value of your
firm’s(s’) exports to the United States of
Subject Merchandise and, if known, an
estimate of the percentage of total
exports to the United States of Subject
Merchandise from each Subject Country
accounted for by your firm’s(s’) exports.
(12) Identify significant changes, if
any, in the supply and demand
conditions or business cycle for the
Domestic Like Product that have
occurred in the United States or in the
market for the Subject Merchandise in
each Subject Country after 2011, and
significant changes, if any, that are
likely to occur within a reasonably
foreseeable time. Supply conditions to
consider include technology;
production methods; development
efforts; ability to increase production
(including the shift of production
facilities used for other products and the
use, cost, or availability of major inputs
into production); and factors related to
the ability to shift supply among
different national markets (including
barriers to importation in foreign
markets or changes in market demand
abroad). Demand conditions to consider
include end uses and applications; the
existence and availability of substitute
products; and the level of competition
among the Domestic Like Product
produced in the United States, Subject
Merchandise produced in each Subject
Country, and such merchandise from
other countries.
(13) (Optional) A statement of
whether you agree with the above
definitions of the Domestic Like Product
and Domestic Industry; if you disagree
with either or both of these definitions,
please explain why and provide
alternative definitions.
Authority: This proceeding is being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the
Commission’s rules.
By order of the Commission.
Issued: May 24, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–11049 Filed 5–31–17; 8:45 am]
BILLING CODE 7020–02–P
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25331
INTERNATIONAL TRADE
COMMISSION
[Investigation No. TA–201–75]
Crystalline Silicon Photovoltaic Cells’
(Whether or Not Partially or Fully
Assembled Into Other Products);
Institution and Scheduling of
Safeguard Investigation and
Determination That the Investigation Is
Extraordinarily Complicated
United States International
Trade Commission.
ACTION: Notice of institution of
investigation and scheduling of public
hearings.
AGENCY:
Following receipt of a petition
for import relief, as amended and
properly filed on May 17, 2017, the
Commission has instituted investigation
No. TA–201–75 pursuant to section 202
of the Trade Act of 1974 (‘‘the Act’’) to
determine whether crystalline silicon
photovoltaic (‘‘CSPV’’) cells (whether or
not partially or fully assembled into
other products) are being imported into
the United States in such increased
quantities as to be a substantial cause of
serious injury, or the threat thereof, to
the domestic industry producing an
article like or directly competitive with
the imported articles. The Commission
has deemed the petition, as amended, to
have been properly filed on May 17,
2017. The Commission has determined
that this investigation is
‘‘extraordinarily complicated’’ and will
make its injury determination within
128 days after the petition was filed, or
by September 22, 2017. The
Commission will submit to the
President the report required within 180
days after the date on which the petition
was filed, or by November 13, 2017.
DATES: Effective May 17, 2017.
FOR FURTHER INFORMATION CONTACT:
Mary Messer (202–205–3193), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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25332
Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices
Background.—This investigation is
being instituted, pursuant to section 202
of the Act (19 U.S.C. 2252), in response
to a petition, as amended and properly
filed on May 17, 2017, by Suniva, Inc.
(‘‘Suniva’’), a producer of CSPV cells
and CSPV modules in the United States.
Suniva seeks relief on CSPV cells
(whether or not partially or fully
assembled into other products).
The articles covered by this
investigation are CSPV cells, whether or
not partially or fully assembled into
other products, including, but not
limited to, modules, laminates, panels,
and building-integrated materials. The
investigation covers crystalline silicon
photovoltaic cells of a thickness equal to
or greater than 20 micrometers, having
a p/n junction (or variant thereof)
formed by any means, whether or not
the cell has undergone other processing,
including, but not limited to cleaning,
etching, coating, and/or addition of
materials (including, but not limited to,
metallization and conductor patterns) to
collect and forward the electricity that
is generated by the cell.
Included in the scope of the
investigation are photovoltaic cells that
contain crystalline silicon in addition to
other photovoltaic materials. This
includes, but is not limited to,
passivated emitter rear contact (‘‘PERC’’)
cells, heterojunction with intrinsic thinlayer (‘‘HIIT’’) cells, and other so-called
‘‘hybrid’’ cells.
Articles under consideration also may
be described at the time of importation
as components for final finished
products that are assembled after
importation, including, but not limited
to, modules, laminates, panels, and
building-integrated materials.
Excluded from the investigation are
CSPV cells, whether or not partially or
fully assembled into other products, if
the CSPV cells were manufactured in
the United States.
Also excluded from the investigation
are thin film photovoltaic products
produced from amorphous silicon (a-Si),
cadmium telluride (CdTe), or copper
indium gallium selenide (CIGS).
Also excluded from the scope of the
investigation are crystalline silicon
photovoltaic cells, not exceeding
10,000mm2 in surface area, that are
permanently integrated into a consumer
good whose function is other than
power generation and that consumes the
electricity generated by the integrated
crystalline silicon photovoltaic cell.
Where more than one cell is
permanently integrated into a consumer
good, the surface area for purposes of
this exclusion shall be the total
combined surface area of all cells that
are integrated into the consumer good.
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For Customs purposes, the CSPV cells
covered by the investigation are
provided for under Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’) subheading 8541.40.60.
Within that 8-digit subheading, CSPV
cells that are assembled into modules or
panels are imported under HTSUS
statistical reporting number
8541.40.6020, while CSPV cells that are
not assembled into modules and are
presented separately are imported under
statistical reporting number
8541.40.6030. Inverters or batteries with
CSPV cells attached can be imported
under HTSUS subheadings 8501.61.00
and 8507.20.80, respectively. In
addition, CSPV cells covered by the
investigation may also be classifiable as
DC generators of subheading 8501.31.80,
when such generators are imported with
CSPV cells attached. While HTSUS
provisions are provided for
convenience, the written description of
the scope is dispositive.
For further information concerning
the conduct of this investigation and
rules of general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A and B
(19 CFR part 201), and part 206,
subparts A and B (19 CFR part 206).
Determination to institute this
investigation.—Suniva initially
submitted a petition on April 26, 2017.
On May 1, 2017, Commission staff
issued a letter requesting that Suniva
clarify its description of the imported
articles intended to be covered by the
petition, provide more details
concerning whether Suniva was
‘‘representative of an industry’’ within
the meaning of section 202(a)(1) of the
Act (19 U.S.C. 2252(a)(1)), and supply
additional data on the performance
indicators for the industry producing an
article like or directly competitive with
the imported article. On May 12, 2017,
Suniva provided additional information
to support its allegations. On May 17,
2017, Suniva further amended its
petition and provided a revised
description of the imported articles. The
Commission determined that the
petition, as amended, was properly filed
as of May 17, 2017.
Determination that investigation is
extraordinarily complicated.—The
Commission has determined that this
investigation is ‘‘extraordinarily
complicated’’ within the meaning of
section 202(b)(2)(B) of the Act (19 U.S.C.
2252(b)(2)(B)). The Commission’s
decision to designate this investigation
‘‘extraordinarily complicated’’ is based
on the complexity of the issues,
including the existence of antidumping
and/or countervailing duty orders on
certain imports covered by this
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investigation and the global supply
chains for the imported articles under
investigation. Ordinarily, the
Commission would have been required
to make its injury determination within
120 days after the petition was filed, or
by September 14, 2017. The statute
permits the Commission to take up to 30
additional days to make its injury
determination in an investigation where
it determines that the investigation is
extraordinarily complicated. In this
instance, the Commission intends to
take eight extra days and make its injury
determination by September 22, 2017.
Participation in the investigation and
public service list.—Persons (other than
petitioner) wishing to participate in the
investigation as parties must file an
entry of appearance with the Secretary
to the Commission, as provided in
section 201.11 of the Commission’s
rules, not later than 21 days after
publication of this notice in the Federal
Register. The Secretary will prepare a
service list containing the names and
addresses of all persons, or their
representatives, who are parties to this
investigation upon the expiration of the
period for filing entries of appearance.
Limited disclosure of confidential
business information (CBI) under an
administrative protective order (APO)
and CBI service list.—Pursuant to
section 206.17 of the Commission’s
rules, the Secretary will make CBI
gathered in this investigation available
to authorized applicants representing
interested parties (as defined in 19 CFR
206.17(a)(3)(iii)) under the APO issued
in the investigation, provided that the
application is made not later than 21
days after the publication of this notice
in the Federal Register. A separate
service list will be maintained by the
Secretary for those parties authorized to
receive CBI under the APO.
The Commission may include CBI in
the reports it sends to the President and
to the U.S. Trade Representative.
Additionally, all information, including
CBI, submitted in this investigation may
be disclosed to and used by (i) the
Commission, its employees and Offices,
and contract personnel (a) for
developing or maintaining the records
of this or a related proceeding, or (b) in
internal investigations, audits, reviews,
and evaluations relating to the
programs, personnel, and operations of
the Commission including under 5
U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract
personnel for cybersecurity purposes.
The Commission will not otherwise
disclose any CBI in a manner that would
reveal the operations of the firm
supplying the information.
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Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices
Hearings on injury and remedy.—The
Commission has scheduled separate
hearings in connection with the injury
and remedy phases of this investigation.
The hearing on injury will be held
beginning at 9:30 a.m. on August 15,
2017, at the U.S. International Trade
Commission Building, 500 E Street SW.,
Washington, DC. In the event that the
Commission makes an affirmative injury
determination or is equally divided on
the question of injury in this
investigation, a hearing on the question
of remedy will be held beginning at 9:30
a.m. on October 3, 2017. Requests to
appear at the hearings should be filed in
writing with the Secretary to the
Commission on or before August 9, 2017
for the injury hearing, and September
27, 2017 for the remedy hearing. A
nonparty who has testimony that may
aid the Commission’s deliberations may
request permission to present a short
statement at the hearings. All parties
and nonparties desiring to appear at the
hearings and make oral presentations
should participate in prehearing
conferences to be held on August 11,
2017 for the injury hearing and
September 28, 2017 for the remedy
hearing, if deemed necessary. Oral
testimony and written materials to be
submitted at the public hearings are
governed by sections 201.6(b)(2)
201.13(f), and 206.5 of the
Commission’s rules. Parties must submit
any request to present a portion of their
hearing testimony in camera no later
than 7 business days prior to the date of
the respective hearings.
Written submissions.—Each party
who is an interested party may submit
a prehearing brief to the Commission.
Prehearing briefs must conform with the
provisions of sections 201.8, 206.7, and
206.8 of the Commission’s rules. The
deadline for filing prehearing briefs on
injury is August 8, 2017; that for filing
prehearing briefs on remedy, including
any commitments pursuant to 19 U.S.C.
2252(a)(6)(B), is September 27, 2017.
Parties may also file written testimony
in connection with their presentation at
the hearing, as provided in sections
201.13, 206.5, and 206.8 of the
Commission’s rules, and posthearing
briefs, which must conform with the
provisions of sections 201.8, 201.13,
206.7, and 206.8 of Commission’s rules.
The deadline for filing posthearing
briefs for the injury phase of the
investigation is August 22, 2017; the
deadline for filing posthearing briefs for
the remedy phase of the investigation, if
any, is October 10, 2017. In addition,
any person who has not entered an
appearance as a party to the
investigation may submit a written
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18:32 May 31, 2017
Jkt 241001
statement of information pertinent to
the consideration of injury on or before
August 22, 2017, and pertinent to the
consideration of remedy on or before
October 10, 2017. All written
submissions must conform with the
provisions of section 201.8 of the
Commission’s rules; any submissions
that contain CBI must also conform with
the requirements of sections 201.6 and
206.17 of the Commission’s rules. The
Commission’s Handbook on E-Filing,
available on the Commission’s Web site
at https://www.usitc.gov/secretary/
documents/handbook_on_filing_
procedures.pdf, elaborates upon the
Commission’s rules with respect to
electronic filing.
Any additional written submission to
the Commission, including requests
pursuant to section 201.12 of the
Commission’s rules, will not be
accepted unless good cause is shown for
accepting such a submission, or unless
the submission is pursuant to a specific
request by a Commissioner or
Commission staff.
In accordance with section 201.16(c)
of the Commission’s rules, each
document filed by a party to the
investigation must be served on all other
parties to the investigation (as identified
by the service list), and a certificate of
service must be timely filed. The
Secretary will not accept a document for
filing without a certificate of service.
Authority: This investigation is being
conducted under authority of Section 202 of
the Act; this notice is published pursuant to
section 203(b)(3) of the Act.
By order of the Commission.
Issued: May 23, 2017.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2017–11013 Filed 5–31–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1058]
Certain Magnetic Tape Cartridges and
Components Thereof Institution of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
April 28, 2017, under section 337 of the
Tariff Act of 1930, as amended, on
behalf of Sony Corporation of Japan;
Sony Storage Media Solutions
Corporation of Japan; Sony Storage
SUMMARY:
PO 00000
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25333
Media Manufacturing Corporation of
Japan; Sony DADC US Inc. of Terre
Haute, Indiana; and Sony Latin America
Inc. of Miami, Florida. Supplements to
the Complaint were filed on May 2,
2017 and May 19, 2017. The complaint,
as supplemented, alleges violations of
section 337 based upon the importation
into the United States, the sale for
importation, and the sale within the
United States after importation of
certain magnetic tape cartridges and
components thereof by reason of
infringement of certain claims of U.S.
Patent No. 6,674,596 (‘‘the ’596 patent’’);
U.S. Patent No. 6,979,501 (‘‘the ’501
patent’’); and U.S. Patent No. 7,029,774
(‘‘the ’774 patent’’). The complaint
further alleges that an industry in the
United States exists as required by the
applicable Federal Statute.
The complainants request that the
Commission institute an investigation
and, after the investigation, issue a
limited exclusion order and cease and
desist orders.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is available for inspection
during official business hours (8:45 a.m.
to 5:15 p.m.) in the Office of the
Secretary, U.S. International Trade
Commission, 500 E Street SW., Room
112, Washington, DC 20436, telephone
(202) 205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at (202) 205–
2000. General information concerning
the Commission may also be obtained
by accessing its internet server at
https://www.usitc.gov. The public
record for this investigation may be
viewed on the Commission’s electronic
docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: The
Office of Unfair Import Investigations,
U.S. International Trade Commission,
telephone (202) 205–2560.
Authority: The authority for institution of
this investigation is contained in section 337
of the Tariff Act of 1930, as amended, 19
U.S.C. 1337 and in section 210.10 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.10 (2017).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
May 25, 2017, Ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
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]]>Agencies
[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Notices]
[Pages 25331-25333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11013]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. TA-201-75]
Crystalline Silicon Photovoltaic Cells' (Whether or Not Partially
or Fully Assembled Into Other Products); Institution and Scheduling of
Safeguard Investigation and Determination That the Investigation Is
Extraordinarily Complicated
AGENCY: United States International Trade Commission.
ACTION: Notice of institution of investigation and scheduling of public
hearings.
-----------------------------------------------------------------------
SUMMARY: Following receipt of a petition for import relief, as amended
and properly filed on May 17, 2017, the Commission has instituted
investigation No. TA-201-75 pursuant to section 202 of the Trade Act of
1974 (``the Act'') to determine whether crystalline silicon
photovoltaic (``CSPV'') cells (whether or not partially or fully
assembled into other products) are being imported into the United
States in such increased quantities as to be a substantial cause of
serious injury, or the threat thereof, to the domestic industry
producing an article like or directly competitive with the imported
articles. The Commission has deemed the petition, as amended, to have
been properly filed on May 17, 2017. The Commission has determined that
this investigation is ``extraordinarily complicated'' and will make its
injury determination within 128 days after the petition was filed, or
by September 22, 2017. The Commission will submit to the President the
report required within 180 days after the date on which the petition
was filed, or by November 13, 2017.
DATES: Effective May 17, 2017.
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of
Investigations, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436. Hearing-impaired persons can obtain information
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special
assistance in gaining access to the Commission should contact the
Office of the Secretary at 202-205-2000. General information concerning
the Commission may also be obtained by accessing its internet server
(https://www.usitc.gov). The public record for this investigation may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
[[Page 25332]]
Background.--This investigation is being instituted, pursuant to
section 202 of the Act (19 U.S.C. 2252), in response to a petition, as
amended and properly filed on May 17, 2017, by Suniva, Inc.
(``Suniva''), a producer of CSPV cells and CSPV modules in the United
States. Suniva seeks relief on CSPV cells (whether or not partially or
fully assembled into other products).
The articles covered by this investigation are CSPV cells, whether
or not partially or fully assembled into other products, including, but
not limited to, modules, laminates, panels, and building-integrated
materials. The investigation covers crystalline silicon photovoltaic
cells of a thickness equal to or greater than 20 micrometers, having a
p/n junction (or variant thereof) formed by any means, whether or not
the cell has undergone other processing, including, but not limited to
cleaning, etching, coating, and/or addition of materials (including,
but not limited to, metallization and conductor patterns) to collect
and forward the electricity that is generated by the cell.
Included in the scope of the investigation are photovoltaic cells
that contain crystalline silicon in addition to other photovoltaic
materials. This includes, but is not limited to, passivated emitter
rear contact (``PERC'') cells, heterojunction with intrinsic thin-layer
(``HIIT'') cells, and other so-called ``hybrid'' cells.
Articles under consideration also may be described at the time of
importation as components for final finished products that are
assembled after importation, including, but not limited to, modules,
laminates, panels, and building-integrated materials.
Excluded from the investigation are CSPV cells, whether or not
partially or fully assembled into other products, if the CSPV cells
were manufactured in the United States.
Also excluded from the investigation are thin film photovoltaic
products produced from amorphous silicon (a-Si), cadmium telluride
(CdTe), or copper indium gallium selenide (CIGS).
Also excluded from the scope of the investigation are crystalline
silicon photovoltaic cells, not exceeding 10,000mm\2\ in surface area,
that are permanently integrated into a consumer good whose function is
other than power generation and that consumes the electricity generated
by the integrated crystalline silicon photovoltaic cell. Where more
than one cell is permanently integrated into a consumer good, the
surface area for purposes of this exclusion shall be the total combined
surface area of all cells that are integrated into the consumer good.
For Customs purposes, the CSPV cells covered by the investigation
are provided for under Harmonized Tariff Schedule of the United States
(``HTSUS'') subheading 8541.40.60. Within that 8-digit subheading, CSPV
cells that are assembled into modules or panels are imported under
HTSUS statistical reporting number 8541.40.6020, while CSPV cells that
are not assembled into modules and are presented separately are
imported under statistical reporting number 8541.40.6030. Inverters or
batteries with CSPV cells attached can be imported under HTSUS
subheadings 8501.61.00 and 8507.20.80, respectively. In addition, CSPV
cells covered by the investigation may also be classifiable as DC
generators of subheading 8501.31.80, when such generators are imported
with CSPV cells attached. While HTSUS provisions are provided for
convenience, the written description of the scope is dispositive.
For further information concerning the conduct of this
investigation and rules of general application, consult the
Commission's Rules of Practice and Procedure, part 201, subparts A and
B (19 CFR part 201), and part 206, subparts A and B (19 CFR part 206).
Determination to institute this investigation.--Suniva initially
submitted a petition on April 26, 2017. On May 1, 2017, Commission
staff issued a letter requesting that Suniva clarify its description of
the imported articles intended to be covered by the petition, provide
more details concerning whether Suniva was ``representative of an
industry'' within the meaning of section 202(a)(1) of the Act (19
U.S.C. 2252(a)(1)), and supply additional data on the performance
indicators for the industry producing an article like or directly
competitive with the imported article. On May 12, 2017, Suniva provided
additional information to support its allegations. On May 17, 2017,
Suniva further amended its petition and provided a revised description
of the imported articles. The Commission determined that the petition,
as amended, was properly filed as of May 17, 2017.
Determination that investigation is extraordinarily complicated.--
The Commission has determined that this investigation is
``extraordinarily complicated'' within the meaning of section
202(b)(2)(B) of the Act (19 U.S.C. 2252(b)(2)(B)). The Commission's
decision to designate this investigation ``extraordinarily
complicated'' is based on the complexity of the issues, including the
existence of antidumping and/or countervailing duty orders on certain
imports covered by this investigation and the global supply chains for
the imported articles under investigation. Ordinarily, the Commission
would have been required to make its injury determination within 120
days after the petition was filed, or by September 14, 2017. The
statute permits the Commission to take up to 30 additional days to make
its injury determination in an investigation where it determines that
the investigation is extraordinarily complicated. In this instance, the
Commission intends to take eight extra days and make its injury
determination by September 22, 2017.
Participation in the investigation and public service list.--
Persons (other than petitioner) wishing to participate in the
investigation as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, not later than 21 days after publication of this
notice in the Federal Register. The Secretary will prepare a service
list containing the names and addresses of all persons, or their
representatives, who are parties to this investigation upon the
expiration of the period for filing entries of appearance.
Limited disclosure of confidential business information (CBI) under
an administrative protective order (APO) and CBI service list.--
Pursuant to section 206.17 of the Commission's rules, the Secretary
will make CBI gathered in this investigation available to authorized
applicants representing interested parties (as defined in 19 CFR
206.17(a)(3)(iii)) under the APO issued in the investigation, provided
that the application is made not later than 21 days after the
publication of this notice in the Federal Register. A separate service
list will be maintained by the Secretary for those parties authorized
to receive CBI under the APO.
The Commission may include CBI in the reports it sends to the
President and to the U.S. Trade Representative. Additionally, all
information, including CBI, submitted in this investigation may be
disclosed to and used by (i) the Commission, its employees and Offices,
and contract personnel (a) for developing or maintaining the records of
this or a related proceeding, or (b) in internal investigations,
audits, reviews, and evaluations relating to the programs, personnel,
and operations of the Commission including under 5 U.S.C. Appendix 3;
or (ii) by U.S. government employees and contract personnel for
cybersecurity purposes. The Commission will not otherwise disclose any
CBI in a manner that would reveal the operations of the firm supplying
the information.
[[Page 25333]]
Hearings on injury and remedy.--The Commission has scheduled
separate hearings in connection with the injury and remedy phases of
this investigation. The hearing on injury will be held beginning at
9:30 a.m. on August 15, 2017, at the U.S. International Trade
Commission Building, 500 E Street SW., Washington, DC. In the event
that the Commission makes an affirmative injury determination or is
equally divided on the question of injury in this investigation, a
hearing on the question of remedy will be held beginning at 9:30 a.m.
on October 3, 2017. Requests to appear at the hearings should be filed
in writing with the Secretary to the Commission on or before August 9,
2017 for the injury hearing, and September 27, 2017 for the remedy
hearing. A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearings. All parties and nonparties desiring to appear at the
hearings and make oral presentations should participate in prehearing
conferences to be held on August 11, 2017 for the injury hearing and
September 28, 2017 for the remedy hearing, if deemed necessary. Oral
testimony and written materials to be submitted at the public hearings
are governed by sections 201.6(b)(2) 201.13(f), and 206.5 of the
Commission's rules. Parties must submit any request to present a
portion of their hearing testimony in camera no later than 7 business
days prior to the date of the respective hearings.
Written submissions.--Each party who is an interested party may
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of sections 201.8, 206.7, and 206.8 of the
Commission's rules. The deadline for filing prehearing briefs on injury
is August 8, 2017; that for filing prehearing briefs on remedy,
including any commitments pursuant to 19 U.S.C. 2252(a)(6)(B), is
September 27, 2017. Parties may also file written testimony in
connection with their presentation at the hearing, as provided in
sections 201.13, 206.5, and 206.8 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of sections
201.8, 201.13, 206.7, and 206.8 of Commission's rules. The deadline for
filing posthearing briefs for the injury phase of the investigation is
August 22, 2017; the deadline for filing posthearing briefs for the
remedy phase of the investigation, if any, is October 10, 2017. In
addition, any person who has not entered an appearance as a party to
the investigation may submit a written statement of information
pertinent to the consideration of injury on or before August 22, 2017,
and pertinent to the consideration of remedy on or before October 10,
2017. All written submissions must conform with the provisions of
section 201.8 of the Commission's rules; any submissions that contain
CBI must also conform with the requirements of sections 201.6 and
206.17 of the Commission's rules. The Commission's Handbook on E-
Filing, available on the Commission's Web site at https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf,
elaborates upon the Commission's rules with respect to electronic
filing.
Any additional written submission to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, will not
be accepted unless good cause is shown for accepting such a submission,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with section 201.16(c) of the Commission's rules,
each document filed by a party to the investigation must be served on
all other parties to the investigation (as identified by the service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: This investigation is being conducted under authority
of Section 202 of the Act; this notice is published pursuant to
section 203(b)(3) of the Act.
By order of the Commission.
Issued: May 23, 2017.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2017-11013 Filed 5-31-17; 8:45 am]
BILLING CODE 7020-02-P
