Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order, 10663-10664 [2018-04897]

Download as PDF Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–570–979] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this first sunset review, the Department of Commerce (Commerce) finds that revocation of the antidumping duty order on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of dumping, at the level indicated in the ‘‘Final Results of Sunset Review’’ section of this notice, infra. DATES: Applicable March 12, 2018. FOR FURTHER INFORMATION CONTACT: Magd Zalok or Howard Smith, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4162 or (202) 482–5193, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background amozie on DSK30RV082PROD with NOTICES On December 7, 2012, Commerce published in the Federal Register the antidumping duty order on crystalline silicon photovoltaic cells, whether or not assembled into modules (CSPV cells) from China.1 On November 1, 2017, Commerce published the notice of initiation of this sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On November 13, 2017, pursuant to 19 CFR 351.218(d)(1), Commerce received a timely and complete notice of intent to participate in the sunset review from SolarWorld Americas, Inc. (SolarWorld), in which SolarWorld claimed interested party status, as a domestic producer of CSPV cells, under 1 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 77 FR 73018 (December 7, 2012) (Order). 2 See Initiation of Five-Year (Sunset) Review, 82 FR 50612 (November 1, 2017). VerDate Sep<11>2014 18:12 Mar 09, 2018 Jkt 244001 section 771(9)(C) of the Act.3 This notice was filed within the time period specified in 19 CFR 351.218(d)(1)(i).4 On December 1, 2017, pursuant to 19 CFR 351.218(d)(3)(i), SolarWorld filed a timely and adequate substantive response.5 Commerce did not receive a substantive response from any respondent interested party. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) first sunset review of the Order. Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. The revised deadline for the final results is now March 5, 2018.6 Scope of the Order The merchandise covered by the order is crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials. Merchandise covered by this order is classifiable under subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000 of the Harmonized Tariff Schedule of the United States (HTSUS).7 3 See Letter from SolarWorld to Commerce re, ‘‘Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China: Notice of Intent to Participate in Sunset Review,’’ dated November 13, 2017. 4 See Id. 5 See Letter from SolarWorld to Commerce re, ‘‘Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China: Substantive Response to Notice of Initiation of Sunset Review,’’ dated December 1, 2017 (SolarWorld Substantive Response). 6 See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. 7 For a complete description of the scope of the Order, see Commerce’s Issues and Decision Memorandum for the Expedited First Sunset Review of the Antidumping Duty Order on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China (Issues and Decision Memorandum), dated concurrently with this notice. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 10663 Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the order is dispositive. Analysis of Comments Received A complete discussion of all issues raised in this sunset review, specifically the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the Order were to be revoked, is provided in the accompanying Issues and Decision Memorandum, which is hereby adopted by this notice.8 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Final Results of Sunset Review Pursuant to sections 751(c)(1), 752(c)(1) and (3) of the Act, Commerce determines that revocation of the Order would likely lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail would be weightedaverage dumping margins up to 249.96 percent. Notification Regarding Administrative Protective Orders This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing the results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218. 8 Id. E:\FR\FM\12MRN1.SGM 12MRN1 10664 Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices Dated: March 5, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018–04897 Filed 3–9–18; 8:45 am] Scope of the Order BILLING CODE 3510–DS–P The products covered by the scope of the order are certain light-walled rectangular pipe and tube from Mexico. For a complete description of the scope, see the Issues and Decision Memorandum. DEPARTMENT OF COMMERCE International Trade Administration [A–201–836] Light-Walled Rectangular Pipe and Tube From Mexico: Final Results of Antidumping Duty Administrative Review; 2015–2016 Analysis of Comments Received Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that sales of light-walled rectangular pipe and tube (LWRPT) from Mexico by Productos Laminados de Monterrey S.A. de C.V (Productos Laminados) and affiliated reseller, Aceros Cuatro Caminos S.A. de C.V. (A4C) (collectively, Prolamsa) were not made at prices below normal value during the period of review of August 1, 2015, through July 31, 2016. DATES: Applicable March 12, 2018. FOR FURTHER INFORMATION CONTACT: Madeline Heeren, 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. SUPPLEMENTARY INFORMATION: AGENCY: Background amozie on DSK30RV082PROD with NOTICES On September 6, 2017, Commerce published the Preliminary Results.1 Commerce has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from January 20 through 22, 2018. If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. The revised deadline for the final results of this review is now March 8, 2018.2 A summary of the 1 See Light-Walled Rectangular Pipe and Tube from Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2015–2016, 82 FR 42076 (September 6, 2017) (Preliminary Results). 2 See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (Tolling Memorandum), VerDate Sep<11>2014 20:11 Mar 09, 2018 events that occurred since Commerce published these results, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum, which is hereby adopted by this notice.3 Jkt 244001 All issues raised in the case and rebuttal briefs by parties to this administrative review are addressed in the Issues and Decision Memorandum. A list of the issues raised by parties is attached to this notice as Appendix. 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 https://access.trade.gov and it is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https:// enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results No changes were made as a result of our review of the record and comments received from interested parties. For a discussion, see the ‘‘Discussion of the Issues’’ section of the Issues and Decision Memorandum. Final Results of the Review The final weighted-average dumping margin is as follows: dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order on Light-Walled Rectangular Pipe and Tube from Mexico; 2015–2016,’’ dated concurrently with this notice (Issues and Decision Memorandum). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Producer/exporter Productos Laminados de Monterrey S.A. de C.V./Aceros Cuatro Caminos S.A. de C.V. Weightedaverage margin (percent) 0.00. Disclosure We will disclose the calculations performed to parties in this proceeding within five days of the date of publication of this notice, in accordance with 19 CFR 351.224(b). Duty Assessment Commerce shall determine and U.S. Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries.4 Because the weighted-average dumping margin of the sole respondent covered by this administrative review is zero, we will instruct CBP to liquidate entries covered by this review period without regarding to antidumping duties. We intend to issue assessment instructions directly to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of this notice for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of these final results, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for respondents noted above will be the rate established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this administrative 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; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 3.76 percent, the all-others rate established 4 In these final results, Commerce applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). E:\FR\FM\12MRN1.SGM 12MRN1

Agencies

[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Notices]
[Pages 10663-10664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04897]



[[Page 10663]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-979]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Final Results of the 
Expedited First Sunset Review of the Antidumping Duty Order

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

SUMMARY: As a result of this first sunset review, the Department of 
Commerce (Commerce) finds that revocation of the antidumping duty order 
on crystalline silicon photovoltaic cells, whether or not assembled 
into modules, from the People's Republic of China (China) would be 
likely to lead to continuation or recurrence of dumping, at the level 
indicated in the ``Final Results of Sunset Review'' section of this 
notice, infra.

DATES: Applicable March 12, 2018.

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

SUPPLEMENTARY INFORMATION: 

Background

    On December 7, 2012, Commerce published in the Federal Register the 
antidumping duty order on crystalline silicon photovoltaic cells, 
whether or not assembled into modules (CSPV cells) from China.\1\ On 
November 1, 2017, Commerce published the notice of initiation of this 
sunset review of the Order, pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act).\2\ On November 13, 2017, pursuant to 
19 CFR 351.218(d)(1), Commerce received a timely and complete notice of 
intent to participate in the sunset review from SolarWorld Americas, 
Inc. (SolarWorld), in which SolarWorld claimed interested party status, 
as a domestic producer of CSPV cells, under section 771(9)(C) of the 
Act.\3\ This notice was filed within the time period specified in 19 
CFR 351.218(d)(1)(i).\4\ On December 1, 2017, pursuant to 19 CFR 
351.218(d)(3)(i), SolarWorld filed a timely and adequate substantive 
response.\5\ Commerce did not receive a substantive response from any 
respondent interested party. As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted an expedited (120-day) first sunset review of the Order. 
Commerce exercised its discretion to toll all deadlines affected by the 
closure of the Federal Government from January 20 through 22, 2018. If 
the new deadline falls on a non-business day, in accordance with 
Commerce's practice, the deadline will become the next business day. 
The revised deadline for the final results is now March 5, 2018.\6\
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    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China: Amended 
Final Determination of Sales at Less Than Fair Value, and 
Antidumping Duty Order, 77 FR 73018 (December 7, 2012) (Order).
    \2\ See Initiation of Five-Year (Sunset) Review, 82 FR 50612 
(November 1, 2017).
    \3\ See Letter from SolarWorld to Commerce re, ``Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, 
from the People's Republic of China: Notice of Intent to Participate 
in Sunset Review,'' dated November 13, 2017.
    \4\ See Id.
    \5\ See Letter from SolarWorld to Commerce re, ``Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, 
from the People's Republic of China: Substantive Response to Notice 
of Initiation of Sunset Review,'' dated December 1, 2017 (SolarWorld 
Substantive Response).
    \6\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days.
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Scope of the Order

    The merchandise covered by the order is crystalline silicon 
photovoltaic cells, and modules, laminates, and panels, consisting of 
crystalline silicon photovoltaic cells, whether or not partially or 
fully assembled into other products, including, but not limited to, 
modules, laminates, panels and building integrated materials. 
Merchandise covered by this order is classifiable under subheadings 
8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000 
of the Harmonized Tariff Schedule of the United States (HTSUS).\7\
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    \7\ For a complete description of the scope of the Order, see 
Commerce's Issues and Decision Memorandum for the Expedited First 
Sunset Review of the Antidumping Duty Order on Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules, from the 
People's Republic of China (Issues and Decision Memorandum), dated 
concurrently with this notice.
---------------------------------------------------------------------------

    Although the HTSUS subheadings are provided for convenience and 
customs purposes, our written description of the scope of the order is 
dispositive.

Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review, 
specifically the likelihood of continuation or recurrence of dumping 
and the magnitude of the margins likely to prevail if the Order were to 
be revoked, is provided in the accompanying Issues and Decision 
Memorandum, which is hereby adopted by this notice.\8\ The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov and to all parties in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed at https://enforcement.trade.gov/frn/. The 
signed Issues and Decision Memorandum and the electronic version of the 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \8\ Id.
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Final Results of Sunset Review

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

Notification Regarding Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 
351.218.


[[Page 10664]]


    Dated: March 5, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-04897 Filed 3-9-18; 8:45 am]
BILLING CODE 3510-DS-P

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