Certain Crystalline Silicon Photovoltaic Products From Taiwan: Amended Preliminary Results and Preliminary Determination of No Shipments, 3674-3675 [2018-01446]
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Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices
Estimated Number of Respondents: 1.
Estimated Time per Response: 201
hours.
Estimated Total Annual Burden
Hours: 201.
Estimated Total Annual Cost to
Public: $0.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Sheleen Dumas,
Departmental PRA Lead, Office of the Chief
Information Officer.
[FR Doc. 2018–01323 Filed 1–25–18; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–853]
Certain Crystalline Silicon Photovoltaic
Products From Taiwan: Amended
Preliminary Results and Preliminary
Determination of No Shipments
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is amending the
preliminary results of the administrative
review of the antidumping duty order
on certain crystalline silicon
photovoltaic products (solar products)
from Taiwan covering the period of
review (POR) February 1, 2016, through
January 31, 2017.
DATES: January 26, 2018.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin, AD/CVD Operations,
Office IV, Enforcement & Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–3936.
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20:14 Jan 25, 2018
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Background
On April 10, 2017, Commerce
published a notice initiating an
antidumping administrative review of
solar products from Taiwan covering 34
companies for the POR.1 On December
20, 2017, Commerce published the
preliminary results of antidumping duty
administrative review and partial
rescission of antidumping duty
administrative review.2 In this notice,
Commerce stated incorrectly that 23 of
the 34 companies 3 listed in the
Initiation Notice had withdrawn their
requests for administrative review,
pursuant to 19 CFR 351.213(d)(1).4
Actually, neither petitioner nor any of
the 23 companies had withdrawn
requests for administrative review.
Thus, all 23 companies remain under
review.
Preliminary Determination of No
Shipments
Of the 23 companies at issue, 14
companies filed timely statements
reporting that they made no shipments
of subject merchandise to the United
States during the POR. Based on the
certifications submitted by these
companies and our analysis of U.S.
Customs and Border Protection (CBP)
information, we preliminarily determine
1 See
BILLING CODE 3510–33–P
AGENCY:
SUPPLEMENTARY INFORMATION:
Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
17188, 17189 (April 10, 2017) (Initiation Notice).
2 See Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Preliminary Results of
Antidumping Duty Administrative Review and
Partial Rescission of Antidumping Duty
Administrative Review; 2016–2017, 82 FR 60370
(Dec 20, 2017) and accompanying Preliminary
Decision Memorandum (Preliminary Results).
3 Commerce stated that the following companies
had withdrawn requests for administrative review:
Baoding Jiasheng Photovoltaic Technology Co Ltd.,
Baoding Tianwei Yingli New Energy Resources Co.,
Ltd., Beijing Tianneng Yingli New Energy
Resources Co Ltd., Boviet Solar Technology Co.,
Ltd., Canadian Solar Inc., Canadian Solar
International, Ltd., Canadian Solar Manufacturing
(Changshu), Inc., Canadian Solar Manufacturing
(Luoyang), Inc., Canadian Solar Solution Inc., E–
TON Solar Tech. Co., Ltd., Hainan Yingli New
Energy Resources Co., Ltd., Hengshui Yingli New
Energy Resources Co., Ltd., Inventec Energy
Corporation, Lixian Yingli New Energy Resources
Co., Ltd., Shenzhen Yingli New Energy Resources
Co., Ltd., Sunengine Corporation Ltd., Sunrise
Global Solar Energy, Tianjin Yingli New Energy
Resources Co., Ltd., Trina Solar (Schweiz) AG,
Trina Solar (Singapore) Science and Technology Pte
Ltd., Win Win Precision Technology Co., Ltd.,
Yingli Energy (China) Co., Ltd., and Yingli Green
Energy International Trading Company Limited.
4 See Letter from AU Optronics et al., ‘‘Re: Certain
Crystalline Silicon Photovoltaic Products from
Taiwan—Comment on Partial Rescission of
Administrative Review, dated December 22, 2017;
see also Letter from Canadian Solar Inc. et al., ‘‘Re:
Crystalline Silicon Photovoltaic Products from
Taiwan (02/01/2016—01/31/2017): Comments
Opposing Decision to Rescind Review for Canadian
Solar Entities,’’ dated December 27, 2017.
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Frm 00002
Fmt 4703
Sfmt 4703
that these 14 companies had no
shipments during the POR.5 Given that
these companies certified that they
made no shipments of subject
merchandise to the United States during
the POR, and there is no information
calling their claims into question, we
preliminarily determine that these
companies did not have any reviewable
transactions during the POR. Commerce
will issue a no-shipment inquiry to CBP
requesting that it review these noshipment claims. Consistent with
Commerce’s practice, we will not
rescind the review, but, rather, will
complete the review and issue
instructions to CBP based on the final
results.6
Rate for Companies Not Individually
Examined
Of the 23 companies at issue, the
remaining nine are non-selected
respondents. Consistent with our
preliminary results and Commerce’s
practice, we preliminarily assign to
these nine companies the Motech
Industries Inc.7 preliminary rate of 1.07
percent. See table below.
Manufacturer/
exporter
Canadian Solar Inc .....................
Canadian Solar International, Ltd
Canadian Solar Manufacturing
(Changshu), Inc ......................
Canadian Solar Manufacturing
(Luoyang), Inc .........................
Canadian Solar Solution Inc .......
Sunrise Global Solar Energy ......
Trina Solar (Schweiz) AG ...........
Weightedaverage
margin
(percent)
1.07
1.07
1.07
1.07
1.07
1.07
1.07
5 See certifications of no shipments filed by
Sunengine Corporation Ltd, dated April 24, 2017,
and certifications of no shipments filed by Boviet
Solar Technology Co., Ltd, Baoding Jiasheng
Photovoltaic Technology Co., Ltd., Baoding Tianwei
Yingli New Energy Resources Co., Ltd., Beijing
Tianneng Yingli New Energy Resources Co., Ltd.,
Hainan Yingli New Energy Resources Co., Ltd.,
Hengshui Yingli New Energy Resources Co., Ltd.,
Lixian Yingli New Energy Resources Co., Ltd.,
Shenzhen Yingli New Energy Resources Co., Ltd.,
Tianjin Yingli New Energy Resources Co., Ltd.,
Yingli Energy (China) Co., Ltd., and Yingli Green
Energy International Trading Company Limited,
dated May 10, 2017. See also Letter from Inventec
Solar Energy Corporation and its affiliates, dated
April 24, 2017 (certifying that E–TON Solar Tech.
Co., Ltd., and Inventec Energy Corporation had no
shipments).
6 See, e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of
Review, Preliminary Determination of No
Shipments; 2012–2013, 79 FR 15951, 15952 (March
24, 2014), unchanged in Certain Frozen Warmwater
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR 51306,
51307 (August 28, 2014).
7 See Preliminary Results, 82 FR at 60371.
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Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices
Weightedaverage
margin
(percent)
Manufacturer/
exporter
Trina Solar (Singapore) Science
and Technology Pte Ltd ..........
Win Win Precision Technology
Co., Ltd ...................................
1.07
1.07
Dated: January 18, 2018.
Gary Taverman,
Deputy Assistance Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2018–01446 Filed 1–25–18; 8:45 am]
BILLING CODE 3510–DS–P
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Assessment Rates
Upon issuance of the final results,
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review, in accordance with 19 CFR
351.212(b). Commerce intends to issue
assessment instructions to CBP 15 days
after the publication date of the final
results of review.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of solar
products from Taiwan entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for the companies
under review will be the rate
established in the final results of this
review (except, if the rate is zero or de
minimis, no cash deposit will be
required); (2) for merchandise exported
by manufacturers or exporters not
covered in this review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the manufacturer
or exporter participated; (3) if the
exporter is not a firm covered in this
review, a prior review, or the less-thanfair-value investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recently completed segment of the
proceeding for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 19.50
percent ad valorem, the all-others rate
established in the less-than-fair-value
investigation.8 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
8 See Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Final Determination of Sales
at Less Than Fair Value, 79 FR 76966 (December
23, 2014).
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–836]
Glycine From the People’s Republic of
China: Notice of Court Decision Not in
Harmony With Final Results of the
Antidumping Duty Administrative
Review; 2010–2011
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Court of International
Trade (CIT or Court) sustained the final
remand results pertaining to the
administrative review of the
antidumping duty order on glycine from
the People’s Republic of China (China),
covering the period of March 1, 2010,
through February 28, 2011. The
Department of Commerce (Commerce) is
notifying the public that the final
judgment in this case is not in harmony
with Commerce’s final results of the
administrative review and that
Commerce is amending the final results
with respect to the dumping margin
assigned to Baoding Mantong Fine
Chemistry Co. Ltd. (Baoding Mantong).
DATES: Applicable January 26, 2018.
FOR FURTHER INFORMATION CONTACT:
Madeline Heeren or Edythe Artman,
AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–9179 or
(202) 482–3931, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 18, 2012, Commerce
published the Final Results,1 in which
it determined Baoding Mantong to have
a weight-averaged dumping margin of
453.79 percent for the period under
review. On November 3, 2015, the Court
remanded these results to Commerce for
reconsideration of all aspects of its
determination of the margin assigned to
1 See Glycine from the People’s Republic of
China: Final Results of Antidumping Duty
Administrative Review, 77 FR 64100 (October 18,
2012) (Final Results).
PO 00000
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3675
Baoding Mantong in the Final Results.2
In the final results of redetermination,
Commerce relied on surrogate financial
information that resulted in a dumping
margin of 64.97 percent.3 On April 19,
2017, the Court remanded the revised
results to Commerce for reconsideration
of the selection of certain surrogate
values in its determination of the
margin assigned to Baoding Mantong.4
In its second final results of
redetermination, Commerce revised the
surrogate values for three inputs—liquid
ammonia, formaldehyde and steam
coal—which resulted in a dumping
margin of 0.00 percent.5 On December
20, 2017, the Court sustained the
Second Results of Redetermination.6
Timken Notice
In its decision in Timken,7 as clarified
by Diamond Sawblades,8 the Court of
Appeals for the Federal Circuit held
that, pursuant to section 516A(e) of the
Tariff Act of 1930, as amended (the Act),
Commerce must publish a notice of a
court decision that is not ‘‘in harmony’’
with a Commerce determination and
must suspend liquidation of entries
pending a ‘‘conclusive’’ court decision.
The CIT’s December 20, 2017, final
judgment sustaining the Second Results
of Redetermination constitutes a final
decision of the Court that is not in
harmony with Commerce’s Final
Results. This notice is published in
fulfillment of the Timken publication
requirements. Accordingly, Commerce
will continue the suspension of
liquidation of the subject merchandise
pending a final and conclusive court
decision.
Amended Final Results of Review
Because there is now a final court
decision, Commerce is amending the
Final Results with respect to the
dumping margin calculated for Baoding
Mantong. Based on the Second Results
of Redetermination, as sustained by the
CIT, the revised dumping margin for
Baoding Mantong, for the period March
2 See Baoding Mantong Fine Chemistry Co., Ltd.
v. United States, Court No. 12–00362, Slip Op. 15–
123 (CIT November 3, 2015).
3 See ‘‘Final Results of Redetermination Pursuant
to Court Remand,’’ dated March 29, 2017.
4 See Baoding Mantong Fine Chemistry Co., Ltd.
v. United States, Court No. 12–00362, Slip Op. 17–
44 (CIT April 19, 2017).
5 See‘‘Final Results of Redetermination Pursuant
to Court Remand,’’ dated July 18, 2017 (Second
Results of Redetermination).
6 See Baoding Mantong Fine Chemistry Co., Ltd.
v. United States, Court No. 12–00362, Slip Op. 17–
169 (CIT December 20, 2017).
7 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
8 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
E:\FR\FM\26JAN1.SGM
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Agencies
[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Pages 3674-3675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01446]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-853]
Certain Crystalline Silicon Photovoltaic Products From Taiwan:
Amended Preliminary Results and Preliminary Determination of No
Shipments
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is amending the
preliminary results of the administrative review of the antidumping
duty order on certain crystalline silicon photovoltaic products (solar
products) from Taiwan covering the period of review (POR) February 1,
2016, through January 31, 2017.
DATES: January 26, 2018.
FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations,
Office IV, Enforcement & Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone: (202) 482-3936.
SUPPLEMENTARY INFORMATION:
Background
On April 10, 2017, Commerce published a notice initiating an
antidumping administrative review of solar products from Taiwan
covering 34 companies for the POR.\1\ On December 20, 2017, Commerce
published the preliminary results of antidumping duty administrative
review and partial rescission of antidumping duty administrative
review.\2\ In this notice, Commerce stated incorrectly that 23 of the
34 companies \3\ listed in the Initiation Notice had withdrawn their
requests for administrative review, pursuant to 19 CFR
351.213(d)(1).\4\ Actually, neither petitioner nor any of the 23
companies had withdrawn requests for administrative review. Thus, all
23 companies remain under review.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 17188, 17189 (April 10, 2017)
(Initiation Notice).
\2\ See Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Preliminary Results of Antidumping Duty Administrative
Review and Partial Rescission of Antidumping Duty Administrative
Review; 2016-2017, 82 FR 60370 (Dec 20, 2017) and accompanying
Preliminary Decision Memorandum (Preliminary Results).
\3\ Commerce stated that the following companies had withdrawn
requests for administrative review: Baoding Jiasheng Photovoltaic
Technology Co Ltd., Baoding Tianwei Yingli New Energy Resources Co.,
Ltd., Beijing Tianneng Yingli New Energy Resources Co Ltd., Boviet
Solar Technology Co., Ltd., Canadian Solar Inc., Canadian Solar
International, Ltd., Canadian Solar Manufacturing (Changshu), Inc.,
Canadian Solar Manufacturing (Luoyang), Inc., Canadian Solar
Solution Inc., E-TON Solar Tech. Co., Ltd., Hainan Yingli New Energy
Resources Co., Ltd., Hengshui Yingli New Energy Resources Co., Ltd.,
Inventec Energy Corporation, Lixian Yingli New Energy Resources Co.,
Ltd., Shenzhen Yingli New Energy Resources Co., Ltd., Sunengine
Corporation Ltd., Sunrise Global Solar Energy, Tianjin Yingli New
Energy Resources Co., Ltd., Trina Solar (Schweiz) AG, Trina Solar
(Singapore) Science and Technology Pte Ltd., Win Win Precision
Technology Co., Ltd., Yingli Energy (China) Co., Ltd., and Yingli
Green Energy International Trading Company Limited.
\4\ See Letter from AU Optronics et al., ``Re: Certain
Crystalline Silicon Photovoltaic Products from Taiwan--Comment on
Partial Rescission of Administrative Review, dated December 22,
2017; see also Letter from Canadian Solar Inc. et al., ``Re:
Crystalline Silicon Photovoltaic Products from Taiwan (02/01/2016--
01/31/2017): Comments Opposing Decision to Rescind Review for
Canadian Solar Entities,'' dated December 27, 2017.
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
Of the 23 companies at issue, 14 companies filed timely statements
reporting that they made no shipments of subject merchandise to the
United States during the POR. Based on the certifications submitted by
these companies and our analysis of U.S. Customs and Border Protection
(CBP) information, we preliminarily determine that these 14 companies
had no shipments during the POR.\5\ Given that these companies
certified that they made no shipments of subject merchandise to the
United States during the POR, and there is no information calling their
claims into question, we preliminarily determine that these companies
did not have any reviewable transactions during the POR. Commerce will
issue a no-shipment inquiry to CBP requesting that it review these no-
shipment claims. Consistent with Commerce's practice, we will not
rescind the review, but, rather, will complete the review and issue
instructions to CBP based on the final results.\6\
---------------------------------------------------------------------------
\5\ See certifications of no shipments filed by Sunengine
Corporation Ltd, dated April 24, 2017, and certifications of no
shipments filed by Boviet Solar Technology Co., Ltd, Baoding
Jiasheng Photovoltaic Technology Co., Ltd., Baoding Tianwei Yingli
New Energy Resources Co., Ltd., Beijing Tianneng Yingli New Energy
Resources Co., Ltd., Hainan Yingli New Energy Resources Co., Ltd.,
Hengshui Yingli New Energy Resources Co., Ltd., Lixian Yingli New
Energy Resources Co., Ltd., Shenzhen Yingli New Energy Resources
Co., Ltd., Tianjin Yingli New Energy Resources Co., Ltd., Yingli
Energy (China) Co., Ltd., and Yingli Green Energy International
Trading Company Limited, dated May 10, 2017. See also Letter from
Inventec Solar Energy Corporation and its affiliates, dated April
24, 2017 (certifying that E-TON Solar Tech. Co., Ltd., and Inventec
Energy Corporation had no shipments).
\6\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306,
51307 (August 28, 2014).
---------------------------------------------------------------------------
Rate for Companies Not Individually Examined
Of the 23 companies at issue, the remaining nine are non-selected
respondents. Consistent with our preliminary results and Commerce's
practice, we preliminarily assign to these nine companies the Motech
Industries Inc.\7\ preliminary rate of 1.07 percent. See table below.
---------------------------------------------------------------------------
\7\ See Preliminary Results, 82 FR at 60371.
------------------------------------------------------------------------
Weighted-
average
Manufacturer/ exporter margin
(percent)
------------------------------------------------------------------------
Canadian Solar Inc.......................................... 1.07
Canadian Solar International, Ltd........................... 1.07
Canadian Solar Manufacturing (Changshu), Inc................ 1.07
Canadian Solar Manufacturing (Luoyang), Inc................. 1.07
Canadian Solar Solution Inc................................. 1.07
Sunrise Global Solar Energy................................. 1.07
Trina Solar (Schweiz) AG.................................... 1.07
[[Page 3675]]
Trina Solar (Singapore) Science and Technology Pte Ltd...... 1.07
Win Win Precision Technology Co., Ltd....................... 1.07
------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review, in accordance with 19 CFR 351.212(b). Commerce intends
to issue assessment instructions to CBP 15 days after the publication
date of the final results of review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of solar products from Taiwan entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies
under review will be the rate established in the final results of this
review (except, if the rate is zero or de minimis, no cash deposit will
be required); (2) for merchandise exported by manufacturers or
exporters not covered in this review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding in which the manufacturer or exporter participated; (3) if
the exporter is not a firm covered in this review, a prior review, or
the less-than-fair-value investigation, but the manufacturer is, the
cash deposit rate will be the rate established for the most recently
completed segment of the proceeding for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 19.50 percent ad valorem, the all-
others rate established in the less-than-fair-value investigation.\8\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
---------------------------------------------------------------------------
\8\ See Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Final Determination of Sales at Less Than Fair Value, 79 FR
76966 (December 23, 2014).
---------------------------------------------------------------------------
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: January 18, 2018.
Gary Taverman,
Deputy Assistance Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-01446 Filed 1-25-18; 8:45 am]
BILLING CODE 3510-DS-P