Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Changed Circumstances Reviews, and Revocation of the Antidumping and Countervailing Duty Orders, in Part, 65344-65347 [2018-27533]
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Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Notices
which involves discussion of business
proprietary information, in a separate
memorandum.12
DEPARTMENT OF COMMERCE
Public Comment
[A–570–979, C–570–980]
Pursuant to 19 CFR 351.309(c)(1)(ii),
interested parties may submit case briefs
not later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
five days after the date for filing case
briefs in accordance with 19 CFR
351.309(d)(1). Parties who submit case
briefs or rebuttal briefs in this
proceeding are encouraged to provide:
(1) A statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.13
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request filed electronically via ACCESS.
An electronically filed document must
be received successfully in its entirety
by Commerce’s electronic records
system ACCESS, by 5:00 p.m. Eastern
Standard Time within 30 days after the
date of publication of this notice.
Requests should contain: (1) The party’s
name, address and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case
briefs. Commerce intends to issue the
final results of this administrative
review, including the results of its
analysis of the issues raised in any
written briefs, not later than 120 days
after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Final Results of Changed
Circumstances Reviews, and
Revocation of the Antidumping and
Countervailing Duty Orders, in Part
Dated: December 14, 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.
International Trade Administration
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is revoking, in part, the
antidumping duty (AD) and
countervailing duty (CVD) orders on
crystalline silicon photovoltaic cells,
whether or not assembled into modules,
from the People’s Republic of China
(China) (Orders) with respect to certain
off-grid solar panels based on a lack of
interest in the relief provided by the
Orders with respect to those products.
DATES: Applicable December 20, 2018.
FOR FURTHER INFORMATION CONTACT: Eli
Lovely, 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) 482–1593.
AGENCY:
SUPPLEMENTARY INFORMATION
Background
On December 7, 2012, Commerce
published AD and CVD orders on
certain crystalline silicon photovoltaic
cells, whether or not assembled into
modules, from China.1 On April 17,
2018, Goal Zero, LLC (Goal Zero), an
importer of the subject merchandise,
requested changed circumstances
reviews (CCRs) and revocation, in part,
of the Orders, pursuant to section
751(b)(1) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR
351.216(b), with respect to certain offgrid solar panels.2
On July 20, 2018, Commerce
published the Initiation Notice for the
requested CCRs in the Federal
[FR Doc. 2018–27535 Filed 12–19–18; 8:45 am]
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BILLING CODE 3510–DS–P
12 See Memorandum to 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, from P.
Lee Smith, Deputy Assistant Secretary for Policy
and Negotiations, ‘‘Memorandum with Respect to
Sales Observations reported by Grupo Zucarmex’’
(Zucarmex Memorandum) dated December 14,
2018.
13 See 19 CFR 351.309(c)(2) and (d)(2).
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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) (AD Order) and Crystalline
Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People’s
Republic of China: Countervailing Duty Order, 77
FR 73017 (December 7, 2012) (CVD Order)
(collectively, Orders).
2 See Goal Zero’s Letter, ‘‘Goal Zero LLC’s
Request for a Changed Circumstances Review,’’
(Goal Zero’s Request) dated April 17, 2018.
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Fmt 4703
Sfmt 4703
Register.3 On August 20, 2018,
Commerce published the preliminary
results of these CCRs, in which it found
that producers accounting for
substantially all of the production of the
domestic like product to which the
Orders pertain lack interest in the relief
afforded by the Orders with respect to
certain off-grid solar panels.4
On September 4, 2018, Goal Zero and
the petitioner 5 requested that partial
revocation of the Orders be applied
retroactively starting January 1, 2015 for
purposes of the CVD Order, and
December 1, 2015 for purposes of the
AD Order.6
Final Results of Changed
Circumstances Reviews, and
Revocation of the Orders, In Part
Because no party submitted
comments opposing the preliminary
results of these CCRs, and the record
contains no other information or
evidence that calls into question the
preliminary results, Commerce
determines, pursuant to sections
751(d)(1) and 782(h) of the Act, and 19
CFR 351.222(g), that there are changed
circumstances that warrant revocation
of the Orders, in part. Specifically,
because the producers accounting for
substantially all of the production of the
domestic like product to which the
Orders pertain lack interest in the relief
provided by the Orders with respect to
certain off-grid solar panels as described
below, we are revoking the Orders, in
part, with respect to the following:
(1) Off grid CSPV panels in rigid form with
a glass cover, with the following
characteristics:
(A) A total power output of 100 watts or
less per panel;
(B) a maximum surface area of 8,000 cm2
per panel;
(C) do not include a built-in inverter;
3 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Notice of Initiation of
Changed Circumstances Reviews, and
Consideration of Revocation of the Antidumping
and Countervailing Duty Orders in Part, 83 FR
34542 (July 20, 2018) (Initiation Notice).
4 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the
People’s Republic of China: Preliminary Results of
Changed Circumstances Reviews, and
Consideration of Revocation of the Antidumping
and Countervailing Duty Orders, in Part, 83 FR
42112, dated August 20, 2018.
5 The petitioner is SolarWorld Americas, Inc.
6 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the
People’s Republic of China; Goal Zero LLC’s
Comments on the Preliminary Results of the
Changed Circumstances Review, dated September
4, 2018; see also SolarWorld’s submission:
‘‘Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules, from the People’s
Republic of China: Comments on Preliminary
Results of the Goal Zero LLC Changed
Circumstances Reviews,’’ dated September 4, 2018.
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(D) must include a permanently connected
wire that terminates in either an 8mm male
barrel connector, or a two-port rectangular
connector with two pins in square housings
of different colors;
(E) must include visible parallel grid
collector metallic wire lines every 1–4
millimeters across each solar cell; and
(F) must be in individual retail packaging
(for purposes of this provision, retail
packaging typically includes graphics, the
product name, its description and/or
features, and foam for transport); and
(2) Off grid CSPV panels without a glass
cover, with the following characteristics:
(A) A total power output of 100 watts or
less per panel;
(B) a maximum surface area of 8,000 cm2
per panel;
(C) do not include a built-in inverter;
(D) must include visible parallel grid
collector metallic wire lines every 1–4
millimeters across each solar cell; and
(E) each panel is
1. permanently integrated into a consumer
good;
2. encased in a laminated material without
stitching, or
3. has all of the following characteristics:
(i) The panel is encased in sewn fabric with
visible stitching, (ii) includes a mesh
zippered storage pocket, and (iii) includes a
permanently attached wire that terminates in
a female USB–A connector.7
The scope description below includes
this exclusion language.
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Scope of the Antidumping and
Countervailing Duty Orders on Certain
Crystalline Silicon Photovoltaic Cells
From the People’s Republic of China
The merchandise covered by the
Orders 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.
The Orders cover crystalline silicon
photovoltaic cells of thickness equal to
or greater than 20 micrometers, having
a p/n junction 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.
Merchandise under consideration
may be described at the time of
importation as parts for final finished
products that are assembled after
7 See Goal Zero’s Letter, ‘‘Goal Zero LLC’s
Comments Regarding the Proposed Scope of the
Changed Circumstances Reviews,’’ dated July 9,
2018 at 10–11.
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importation, including, but not limited
to, modules, laminates, panels,
building-integrated modules, buildingintegrated panels, or other finished
goods kits. Such parts that otherwise
meet the definition of merchandise
under consideration are included in the
scope of the Orders.
Excluded from the scope of the Orders
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
Orders 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.
Additionally, excluded from the
scope of the Orders are panels with
surface area from 3,450 mm2 to 33,782
mm2 with one black wire and one red
wire (each of type 22 AWG or 24 AWG
not more than 206 mm in length when
measured from panel extrusion), and
not exceeding 2.9 volts, 1.1 amps, and
3.19 watts. For the purposes of this
exclusion, no panel shall contain an
internal battery or external computer
peripheral ports.
Also excluded from the scope of the
Orders are:
(1) Off grid CSPV panels in rigid form with
a glass cover, with the following
characteristics:
(A) A total power output of 100 watts or
less per panel;
(B) a maximum surface area of 8,000 cm2
per panel;
(C) do not include a built-in inverter;
(D) must include a permanently connected
wire that terminates in either an 8mm male
barrel connector, or a two-port rectangular
connector with two pins in square housings
of different colors;
(E) must include visible parallel grid
collector metallic wire lines every 1–4
millimeters across each solar cell; and
(F) must be in individual retail packaging
(for purposes of this provision, retail
packaging typically includes graphics, the
product name, its description and/or
features, and foam for transport); and
(2) Off grid CSPV panels without a glass
cover, with the following characteristics:
(A) A total power output of 100 watts or
less per panel;
(B) a maximum surface area of 8,000 cm2
per panel;
(C) do not include a built-in inverter;
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Sfmt 4703
65345
(D) must include visible parallel grid
collector metallic wire lines every 1–4
millimeters across each solar cell; and
(E) each panel is
1. permanently integrated into a consumer
good;
2. encased in a laminated material without
stitching, or
3. has all of the following characteristics:
(i) the panel is encased in sewn fabric with
visible stitching, (ii) includes a mesh
zippered storage pocket, and (iii) includes a
permanently attached wire that terminates in
a female USB–A connector.8
Modules, laminates, and panels
produced in a third-country from cells
produced in the PRC are covered by the
Orders; however, modules, laminates,
and panels produced in the PRC from
cells produced in a third-country are not
covered by the Orders.
Merchandise covered by the Orders is
currently classified in the Harmonized
Tariff System of the United States
(HTSUS) under subheadings
8501.61.0000, 8507.20.80, 8541.40.6020,
8541.40.6030, and 8501.31.8000. These
HTSUS subheadings are provided for
convenience and customs purposes; the
written description of the scope of the
Orders is dispositive.9
Application of the Final Results of
These Reviews
Goal Zero and the petitioner have
requested retroactive application of the
final results of these reviews starting
January 1, 2015 for purposes of the CVD
Order, and December 1, 2015 for
purposes of the AD Order.10 Section
751(d)(3) of the Act provides that {a}
determination under this section to
revoke an order . . . shall apply with
respect to unliquidated entries of the
subject merchandise which are entered,
or withdrawn from warehouse, for
consumption on or after the date
determined by the administering
8 See Goal Zero’s Letter, ‘‘Goal Zero LLC’s
Comments Regarding the Proposed Scope of the
Changed Circumstances Reviews,’’ dated July 9,
2018 at 10–11.
9 See AD Order, 77 FR at 73018–73019; CVD
Order, 77 FR at 73017 (footnote omitted);
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled Into Modules, From the People’s
Republic of China: Final Results of Changed
Circumstances Reviews, and Revocation of
Antidumping and Countervailing Duty Orders, in
Part, 83 FR 2618 (excluding certain panels with
surface area from 3,450 mm2 to 33,782 mm2).
10 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the
People’s Republic of China; Goal Zero LLC’s
Comments on the Preliminary Results of the
Changed Circumstances Review, dated September
4, 2018 (Goal Zero Comments); see also
SolarWorld’s submission: ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into
Modules, from the People’s Republic of China:
Comments on Preliminary Results of the Goal Zero
LLC Changed Circumstances Reviews,’’ dated
September 4, 2018.
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authority.’’ Consistently, Commerce’s
general practice is to instruct U.S.
Customs and Border Protection (CBP) to
liquidate without regard to antidumping
and countervailing duties, and to refund
any estimated antidumping and
countervailing duties, on all
unliquidated entries of the merchandise
covered by a revocation that are not
covered by the final results of an
administrative review or automatic
liquidation.11
Commerce has exercised its discretion
and deviated from this general practice
if the particular facts of a case have
implications for the effective date of the
partial revocation selected by
Commerce.12 Specifically, when
selecting the effective date for partial
revocation, Commerce has considered
factors such as the effective date
proposed by the petitioner (and/or the
effective date agreed to by all parties),13
the existence of unliquidated entries
dating back to the requested effective
date,14 whether an interested party
11 See e.g., Certain Pasta From Italy: Final Results
of Countervailing Duty Changed Circumstances
Review and Revocation, In Part, 76 FR 27634 (May
12, 2011); Stainless Steel Bar From the United
Kingdom: Notice of Final Results of Changed
Circumstances Review and Revocation of Order, in
Part, 72 FR 65706 (November 23, 2007); Notice of
Final Results of Antidumping Duty Changed
Circumstances Review and Revocation of Order In
Part: Certain Corrosion-Resistant Carbon Steel Flat
Products from Germany, 71 FR 66163 (November
13, 2006); Notice of Final Results of Antidumping
Duty Changed Circumstances Reviews and
Revocation of Orders in Part: Certain CorrosionResistant Carbon Steel Flat Products From Canada
and Germany, 71 FR 14498 (March 22, 2006);
Notice of Final Results of Antidumping Duty
Changed Circumstances Review, and Determination
to Revoke Order in Part: Certain Cased Pencils from
the People’s Republic of China, 68 FR 62428
(November 4, 2003).
12 See section 751(d)(3) of the Act; Itochu
Building Products v. United States, Court No. 11–
00208, Slip Op. 14–37 (CIT 2014) (Itochu Bldg.
Prod) (CIT April 8, 2014) at 12 (‘‘The statutory
provision, as discussed above, provides Commerce
with discretion in the selection of the effective date
for a partial revocation following a changed
circumstances review, but that discretion may not
be exercised arbitrarily so as to decide the question
presented without considering the relevant and
competing considerations.’’).
13 See, e.g., Carbon and Certain Alloy Steel Wire
Rod from Brazil, Canada, Indonesia, Mexico,
Moldova, Trinidad and Tobago, and Ukraine: Final
Results of Changed Circumstances Review, 68 FR
64079 (November 12, 2003); Stainless Steel Hollow
Products from Sweden; Termination of
Antidumping Duty Administrative Reviews, Final
Results of Changed Circumstances Antidumping
Duty Administrative Review, and Revocation In Part
of Antidumping Duty Order, 60 FR 42529 (August
16, 1995).
14 See Steel Wire Garment Hangers From the
People’s Republic of China: Final Results of
Changed Circumstances Review, and Revocation in
Part of Antidumping Duty Order (Steel Hangers), 74
FR 50956 (October 2, 2009); Notice of Final Results
of Antidumping Duty Changed Circumstances
Review, and Determination To Revoke Order in
Part: Certain Cased Pencils from the People’s
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Jkt 247001
requested the effective date of the
revocation,15 and whether the requested
effective date creates potential
administrability issues (e.g., the
products covered by the partial
revocation are in the sales database used
in the dumping margin calculations for
a completed administrative review with
a period of review (POR) that overlaps
with the date requested).16
On September 4, 2018, Goal Zero
requested retroactive application of the
final results of these reviews starting
January 1, 2015 for purposes of the CVD
Order, and December 1, 2015 for
purposes of the AD Order, and the
petitioner agreed to Goal Zero’s
request.17 Goal Zero claims that there
are unliquidated entries corresponding
to the 2015–2016 reviews.18 Goal Zero
notes that the final results for the
administrative review of the CVD Order
covering the review period January 1
through December 31, 2015, and the
final results for the administrative
review of the AD Order covering the
period December 1, 2015 through
November 30, 2016, are being
challenged by the petitioner before the
Court of International Trade (CIT).19
However, entries of subject merchandise
overlapping with the AD administrative
review covering the period December 1,
2015 through November 30, 2016, and
which were not liquidated pursuant to
automatic liquidation instructions,20 are
either encompassed by Commerce’s
August 21, 2018 liquidation instructions
to CBP or enjoined from liquidation by
statutory injunctions entered by the
CIT.21 Similarly, entries of subject
merchandise overlapping with the CVD
administrative review covering the
period January 1, 2015 through
December 31, 2015, and which were not
liquidated pursuant to automatic
liquidation instructions,22 are enjoined
from liquidation by statutory
injunctions entered by the CIT.23 Entries
of merchandise enjoined from
liquidation by the court may not be
subject to Commerce’s partial revocation
of the order and subsequent instructions
to CBP, and because their liquidation is
enjoined, they are set to be liquidated in
accordance with the final court
decision.24
We find that legal and
administrability issues are presented by
using the effective dates suggested by
the interested parties. Accordingly, we
are exercising our discretion, based on
the particular circumstances in these
CCRs, to make the effective dates
January 1, 2016, for purposes of the CVD
Order and December 1, 2016, for
purposes of the AD Order.
Republic of China (Cased Pencils), 71 FR 13352
(March 15, 2006); Stainless Steel Sheet and Strip in
Coils from Japan: Final Results of Changed
Circumstance Antidumping Duty Review, and
Determination To Revoke Order in Part (Stainless
Sheet and Strip), 65 FR 77578 (December 12, 2000).
15 See Large Newspaper Printing Presses and
Components Thereof, Whether Assembled or
Unassembled, from Japan: Final Results of Changed
Circumstances Antidumping Duty Administrative
Review and Intent To Revoke Antidumping Duty
Order, In Part, 64 FR 72315 (December 27, 1999).
16 See Itochu Bldg. Prod., Slip Op. 14–37 at 3.
17 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the
People’s Republic of China; Goal Zero LLC’s
Comments on the Preliminary Results of the
Changed Circumstances Review, dated September
4, 2018; see also SolarWorld’s submission:
‘‘Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules, from the People’s
Republic of China: Comments on Preliminary
Results of the Goal Zero LLC Changed
Circumstances Reviews’’, dated September 4, 2018.
18 See Goal Zero Comments at 11.
19 Id. at 12.
20 See Message Numbers 7067302 and 7065306.
21 See Message Number 8233301 instructing CBP
to assess an antidumping liability for various
exporters of subject merchandise, including ERA
Solar Co., Ltd., for the period December 1, 2015
through November 30, 2016. See also Message
Notification to Interested Parties
This notice serves as a reminder to
parties subject to an administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
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Instructions to U.S. Customs and
Border Protection
Because we determine that there are
changed circumstances that warrant the
revocation of the Orders, in part, we
will instruct CBP to liquidate without
regard to antidumping and
countervailing duties, and to refund any
estimated antidumping and
countervailing duties on, all
unliquidated entries of the merchandise
covered by this partial revocation on or
after January 1, 2016, for purposes of the
CVD Order, and on or after December 1,
2016, for purposes of the AD Order.
Number 8269301 instructing CBP with regard to the
statutory injunction issued in connection with court
number 18–00189 and Message Numbers 8240315
and 8240316 instructing CBP with regard to the
statutory injunction issued in connection with court
number 18–00176.
22 See Message Number 7058306.
23 See Message Numbers 8269331, 8264303, and
8243306 instructing CBP with regard to the
statutory injunctions issued in connection with
court numbers 18–00184, 18–00185, 18–00186. On
August 15, 2018, Commerce instructed CBP to
liquidate modules produced in third countries from
crystalline silicon photovoltaic cells produced in
China. See Message Number 8227315.
24 See sections 516A(c)(2) and (e) of the Act.
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with the regulations and terms of an
APO is a sanctionable violation.
We are issuing and publishing these
final results and revocation, in part, and
notice in accordance with sections
751(b) and 777(i) of the Act and 19 CFR
351.216, 19 CFR 351.221(c)(3), and 19
CFR 351.222.
Dated: December 13, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2018–27533 Filed 12–19–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–201–846]
Agreement Suspending the
Countervailing Duty Investigation on
Sugar From Mexico (as Amended);
Preliminary Results of 2017
Administrative Review
Enforcement & Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable December 20, 2018.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that the Government of Mexico (GOM)
and selected respondents Ingenio El
Higo S.A. de C.V., Central El Potrero
S.A. de C.V., Ingenio Melchor Ocampo
S.A. de C.V., and Zucarmex S.A. de C.V.
(and their affiliates) are in compliance
with the Agreement Suspending the
Countervailing Duty Investigation of
Sugar from Mexico (CVD Agreement), as
amended on June 30, 2017 (collectively,
amended CVD Agreement), for the
period October 1, 2017, through
December 31, 2017. Commerce also
preliminary determines that the
amended CVD Agreement is meeting the
statutory requirements under sections
704(c) and (d) of the Tariff Act of 1930,
as amended. Interested parties are
invited to comment on these
preliminary results.
FOR FURTHER INFORMATION CONTACT:
Sally C. Gannon or David Cordell,
Enforcement & Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–0162 or
(202) 482–0408, respectively.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
On December 19, 2014, Commerce
signed an agreement under section
704(c) of the Tariff Act of 1930, as
amended (the Act), with the GOM,
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17:21 Dec 19, 2018
Jkt 247001
suspending the CVD investigation on
sugar from Mexico.1 On June 30, 2017,
Commerce and the GOM signed an
amendment to the CVD Agreement.2
On December 29, 2017, the American
Sugar Coalition and its Members 3
(petitioners) filed a request for an
administrative review of the amended
CVD Agreement.4 The review was
initiated on February 13, 2018, covering
the January 1, 2017 through December
31, 2017,5 period of review (POR).
Commerce amended the POR on April
19, 2018, to reflect the period from
October 1, 2017 to December 31, 2017
(including sales prior to October 1, 2017
that resulted in entries during the fourth
quarter of 2017).6 On May 23, 2018,
Commerce selected the four largest
producers/exporters by volume as
mandatory respondents,7 and issued its
questionnaire to the GOM, the signatory
to the CVD Agreement, and asked the
GOM to send full questionnaires at
attachment 1 to the four selected
companies (and their affiliates). These
were: Central El Potrero S.A. de C.V.,
Ingenio El Higo S.A. de C.V., Ingenio
Melchor Ocampo S.A. de C.V, and
Zucarmex S.A. de C.V. Commerce also
asked that the GOM respond to its own
questionnaire.
Scope of Review
Merchandise covered by this
amended CVD Agreement is typically
imported under the following headings
of the HTSUS: 1701.12.1000,
1701.12.5000, 1701.13.1000,
1 See Agreement Suspending the Countervailing
Duty Investigation of Sugar from Mexico, 79 FR
78044 (December 29, 2014) (CVD Agreement).
2 See Sugar from Mexico: Amendment to the
Agreement Suspending the Countervailing Duty
Investigation, 82 FR 31942 (July 11, 2017) (CVD
Amendment).
3 The members of the American Sugar Coalition
are as follows: American Sugar Cane League,
American Sugarbeet Growers Association,
American Sugar Refining, Inc., Florida Sugar Cane
League, Rio Grande Valley Sugar Growers, Inc.,
Sugar Cane Growers Cooperative of Florida, and the
United States Beet Sugar Association.
4 See Letter from petitioners, entitled ‘‘Sugar from
Mexico: Request for Administrative Review’’
(December 29, 2017).
5 The original initiation notice had incorrectly
stated that the POR ended on December 30, 2017,
and this was corrected in the initiation notice
published on March 16, 2018.
6 See Memorandum to P. Lee Smith, entitled
‘‘Administrative Review of the Agreement
Suspending the Countervailing Duty Investigation
on Sugar from Mexico, as Amended: Period of
Review’’ (April 19, 2018).
7 See Memorandum to P. Lee Smith, entitled
‘‘2017 Administrative Review of the Agreement
Suspending the Countervailing Duty Investigation
on Sugar from Mexico As Amended: Respondent
Selection’’ and ‘‘Questionnaire Regarding the
Agreement Suspending the Countervailing Duty
Investigation on Sugar from Mexico for the October
1, 2017 through December 31, 2017 Period of
Review’’, both dated May 23, 2018.
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
65347
1701.13.5000, 1701.14.1000,
1701.14.5000, 1701.91.1000,
1701.91.3000, 1701.99.1010,
1701.99.1025, 1701.99.1050,
1701.99.5010, 1701.99.5025,
1701.99.5050, and 1702.90.4000. The
tariff classification is provided for
convenience and customs purposes;
however, the written description of the
scope of this amended CVD Agreement
is dispositive.8
Methodology and Preliminary Results
Commerce is conducting this review
in accordance with section 751(a)(1)(C)
of the Act. After reviewing the
information received to date from the
respondent companies and the GOM in
their questionnaire and supplemental
questionnaire responses, we
preliminarily find that the information
indicates that the GOM has adhered to
the terms of the amended CVD
Agreement and that the amended CVD
Agreement is functioning as intended.
Further, we preliminarily determine
that the amended CVD Agreement is
meeting the statutory requirements
under sections 704(c) and (d) of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii),
interested parties may submit case briefs
not later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
five days after the date for filing case
briefs in accordance with 19 CFR
351.309(d)(1). Parties who submit case
briefs or rebuttal briefs in this
proceeding are encouraged to provide:
(1) A statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities. See 19 CFR
351.309(c)(2) and (d)(2).
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance filed
electronically via ACCESS. An
8 For a complete description of the Scope of the
Order, see Memorandum to 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, from P.
Lee Smith, Deputy Assistant Secretary for Policy
and Negotiations, ‘‘Decision Memorandum for
Preliminary Results of Administrative Review of the
Agreement Suspending the Antidumping Duty
Investigation on Sugar from Mexico,’’ dated
concurrently with this notice (Preliminary Decision
Memorandum).
E:\FR\FM\20DEN1.SGM
20DEN1
]]>Agencies
[Federal Register Volume 83, Number 244 (Thursday, December 20, 2018)]
[Notices]
[Pages 65344-65347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27533]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-979, C-570-980]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Final Results of
Changed Circumstances Reviews, and Revocation of the Antidumping and
Countervailing Duty Orders, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is revoking, in part,
the antidumping duty (AD) and countervailing duty (CVD) orders on
crystalline silicon photovoltaic cells, whether or not assembled into
modules, from the People's Republic of China (China) (Orders) with
respect to certain off-grid solar panels based on a lack of interest in
the relief provided by the Orders with respect to those products.
DATES: Applicable December 20, 2018.
FOR FURTHER INFORMATION CONTACT: Eli Lovely, 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) 482-1593.
SUPPLEMENTARY INFORMATION
Background
On December 7, 2012, Commerce published AD and CVD orders on
certain crystalline silicon photovoltaic cells, whether or not
assembled into modules, from China.\1\ On April 17, 2018, Goal Zero,
LLC (Goal Zero), an importer of the subject merchandise, requested
changed circumstances reviews (CCRs) and revocation, in part, of the
Orders, pursuant to section 751(b)(1) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR 351.216(b), with respect to certain off-
grid solar panels.\2\
---------------------------------------------------------------------------
\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) (AD Order)
and Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
into Modules, from the People's Republic of China: Countervailing
Duty Order, 77 FR 73017 (December 7, 2012) (CVD Order)
(collectively, Orders).
\2\ See Goal Zero's Letter, ``Goal Zero LLC's Request for a
Changed Circumstances Review,'' (Goal Zero's Request) dated April
17, 2018.
---------------------------------------------------------------------------
On July 20, 2018, Commerce published the Initiation Notice for the
requested CCRs in the Federal Register.\3\ On August 20, 2018, Commerce
published the preliminary results of these CCRs, in which it found that
producers accounting for substantially all of the production of the
domestic like product to which the Orders pertain lack interest in the
relief afforded by the Orders with respect to certain off-grid solar
panels.\4\
---------------------------------------------------------------------------
\3\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China: Notice
of Initiation of Changed Circumstances Reviews, and Consideration of
Revocation of the Antidumping and Countervailing Duty Orders in
Part, 83 FR 34542 (July 20, 2018) (Initiation Notice).
\4\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People's Republic of China:
Preliminary Results of Changed Circumstances Reviews, and
Consideration of Revocation of the Antidumping and Countervailing
Duty Orders, in Part, 83 FR 42112, dated August 20, 2018.
---------------------------------------------------------------------------
On September 4, 2018, Goal Zero and the petitioner \5\ requested
that partial revocation of the Orders be applied retroactively starting
January 1, 2015 for purposes of the CVD Order, and December 1, 2015 for
purposes of the AD Order.\6\
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\5\ The petitioner is SolarWorld Americas, Inc.
\6\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People's Republic of China; Goal
Zero LLC's Comments on the Preliminary Results of the Changed
Circumstances Review, dated September 4, 2018; see also SolarWorld's
submission: ``Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People's Republic of China:
Comments on Preliminary Results of the Goal Zero LLC Changed
Circumstances Reviews,'' dated September 4, 2018.
---------------------------------------------------------------------------
Final Results of Changed Circumstances Reviews, and Revocation of the
Orders, In Part
Because no party submitted comments opposing the preliminary
results of these CCRs, and the record contains no other information or
evidence that calls into question the preliminary results, Commerce
determines, pursuant to sections 751(d)(1) and 782(h) of the Act, and
19 CFR 351.222(g), that there are changed circumstances that warrant
revocation of the Orders, in part. Specifically, because the producers
accounting for substantially all of the production of the domestic like
product to which the Orders pertain lack interest in the relief
provided by the Orders with respect to certain off-grid solar panels as
described below, we are revoking the Orders, in part, with respect to
the following:
(1) Off grid CSPV panels in rigid form with a glass cover, with
the following characteristics:
(A) A total power output of 100 watts or less per panel;
(B) a maximum surface area of 8,000 cm\2\ per panel;
(C) do not include a built-in inverter;
[[Page 65345]]
(D) must include a permanently connected wire that terminates in
either an 8mm male barrel connector, or a two-port rectangular
connector with two pins in square housings of different colors;
(E) must include visible parallel grid collector metallic wire
lines every 1-4 millimeters across each solar cell; and
(F) must be in individual retail packaging (for purposes of this
provision, retail packaging typically includes graphics, the product
name, its description and/or features, and foam for transport); and
(2) Off grid CSPV panels without a glass cover, with the
following characteristics:
(A) A total power output of 100 watts or less per panel;
(B) a maximum surface area of 8,000 cm\2\ per panel;
(C) do not include a built-in inverter;
(D) must include visible parallel grid collector metallic wire
lines every 1-4 millimeters across each solar cell; and
(E) each panel is
1. permanently integrated into a consumer good;
2. encased in a laminated material without stitching, or
3. has all of the following characteristics: (i) The panel is
encased in sewn fabric with visible stitching, (ii) includes a mesh
zippered storage pocket, and (iii) includes a permanently attached
wire that terminates in a female USB-A connector.\7\
---------------------------------------------------------------------------
\7\ See Goal Zero's Letter, ``Goal Zero LLC's Comments Regarding
the Proposed Scope of the Changed Circumstances Reviews,'' dated
July 9, 2018 at 10-11.
The scope description below includes this exclusion language.
Scope of the Antidumping and Countervailing Duty Orders on Certain
Crystalline Silicon Photovoltaic Cells From the People's Republic of
China
The merchandise covered by the Orders 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.
The Orders cover crystalline silicon photovoltaic cells of
thickness equal to or greater than 20 micrometers, having a p/n
junction 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.
Merchandise under consideration may be described at the time of
importation as parts for final finished products that are assembled
after importation, including, but not limited to, modules, laminates,
panels, building-integrated modules, building-integrated panels, or
other finished goods kits. Such parts that otherwise meet the
definition of merchandise under consideration are included in the scope
of the Orders.
Excluded from the scope of the Orders 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 Orders 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.
Additionally, excluded from the scope of the Orders are panels with
surface area from 3,450 mm\2\ to 33,782 mm\2\ with one black wire and
one red wire (each of type 22 AWG or 24 AWG not more than 206 mm in
length when measured from panel extrusion), and not exceeding 2.9
volts, 1.1 amps, and 3.19 watts. For the purposes of this exclusion, no
panel shall contain an internal battery or external computer peripheral
ports.
Also excluded from the scope of the Orders are:
(1) Off grid CSPV panels in rigid form with a glass cover, with
the following characteristics:
(A) A total power output of 100 watts or less per panel;
(B) a maximum surface area of 8,000 cm\2\ per panel;
(C) do not include a built-in inverter;
(D) must include a permanently connected wire that terminates in
either an 8mm male barrel connector, or a two-port rectangular
connector with two pins in square housings of different colors;
(E) must include visible parallel grid collector metallic wire
lines every 1-4 millimeters across each solar cell; and
(F) must be in individual retail packaging (for purposes of this
provision, retail packaging typically includes graphics, the product
name, its description and/or features, and foam for transport); and
(2) Off grid CSPV panels without a glass cover, with the
following characteristics:
(A) A total power output of 100 watts or less per panel;
(B) a maximum surface area of 8,000 cm\2\ per panel;
(C) do not include a built-in inverter;
(D) must include visible parallel grid collector metallic wire
lines every 1-4 millimeters across each solar cell; and
(E) each panel is
1. permanently integrated into a consumer good;
2. encased in a laminated material without stitching, or
3. has all of the following characteristics: (i) the panel is
encased in sewn fabric with visible stitching, (ii) includes a mesh
zippered storage pocket, and (iii) includes a permanently attached
wire that terminates in a female USB-A connector.\8\
---------------------------------------------------------------------------
\8\ See Goal Zero's Letter, ``Goal Zero LLC's Comments Regarding
the Proposed Scope of the Changed Circumstances Reviews,'' dated
July 9, 2018 at 10-11.
Modules, laminates, and panels produced in a third-country from
cells produced in the PRC are covered by the Orders; however, modules,
laminates, and panels produced in the PRC from cells produced in a
third-country are not covered by the Orders.
Merchandise covered by the Orders is currently classified in the
Harmonized Tariff System of the United States (HTSUS) under subheadings
8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000.
These HTSUS subheadings are provided for convenience and customs
purposes; the written description of the scope of the Orders is
dispositive.\9\
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\9\ See AD Order, 77 FR at 73018-73019; CVD Order, 77 FR at
73017 (footnote omitted); Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the People's Republic of
China: Final Results of Changed Circumstances Reviews, and
Revocation of Antidumping and Countervailing Duty Orders, in Part,
83 FR 2618 (excluding certain panels with surface area from 3,450
mm\2\ to 33,782 mm\2\).
---------------------------------------------------------------------------
Application of the Final Results of These Reviews
Goal Zero and the petitioner have requested retroactive application
of the final results of these reviews starting January 1, 2015 for
purposes of the CVD Order, and December 1, 2015 for purposes of the AD
Order.\10\ Section 751(d)(3) of the Act provides that {a{time}
determination under this section to revoke an order . . . shall apply
with respect to unliquidated entries of the subject merchandise which
are entered, or withdrawn from warehouse, for consumption on or after
the date determined by the administering
[[Page 65346]]
authority.'' Consistently, Commerce's general practice is to instruct
U.S. Customs and Border Protection (CBP) to liquidate without regard to
antidumping and countervailing duties, and to refund any estimated
antidumping and countervailing duties, on all unliquidated entries of
the merchandise covered by a revocation that are not covered by the
final results of an administrative review or automatic liquidation.\11\
---------------------------------------------------------------------------
\10\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People's Republic of China; Goal
Zero LLC's Comments on the Preliminary Results of the Changed
Circumstances Review, dated September 4, 2018 (Goal Zero Comments);
see also SolarWorld's submission: ``Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled into Modules, from the People's
Republic of China: Comments on Preliminary Results of the Goal Zero
LLC Changed Circumstances Reviews,'' dated September 4, 2018.
\11\ See e.g., Certain Pasta From Italy: Final Results of
Countervailing Duty Changed Circumstances Review and Revocation, In
Part, 76 FR 27634 (May 12, 2011); Stainless Steel Bar From the
United Kingdom: Notice of Final Results of Changed Circumstances
Review and Revocation of Order, in Part, 72 FR 65706 (November 23,
2007); Notice of Final Results of Antidumping Duty Changed
Circumstances Review and Revocation of Order In Part: Certain
Corrosion-Resistant Carbon Steel Flat Products from Germany, 71 FR
66163 (November 13, 2006); Notice of Final Results of Antidumping
Duty Changed Circumstances Reviews and Revocation of Orders in Part:
Certain Corrosion-Resistant Carbon Steel Flat Products From Canada
and Germany, 71 FR 14498 (March 22, 2006); Notice of Final Results
of Antidumping Duty Changed Circumstances Review, and Determination
to Revoke Order in Part: Certain Cased Pencils from the People's
Republic of China, 68 FR 62428 (November 4, 2003).
---------------------------------------------------------------------------
Commerce has exercised its discretion and deviated from this
general practice if the particular facts of a case have implications
for the effective date of the partial revocation selected by
Commerce.\12\ Specifically, when selecting the effective date for
partial revocation, Commerce has considered factors such as the
effective date proposed by the petitioner (and/or the effective date
agreed to by all parties),\13\ the existence of unliquidated entries
dating back to the requested effective date,\14\ whether an interested
party requested the effective date of the revocation,\15\ and whether
the requested effective date creates potential administrability issues
(e.g., the products covered by the partial revocation are in the sales
database used in the dumping margin calculations for a completed
administrative review with a period of review (POR) that overlaps with
the date requested).\16\
---------------------------------------------------------------------------
\12\ See section 751(d)(3) of the Act; Itochu Building Products
v. United States, Court No. 11-00208, Slip Op. 14-37 (CIT 2014)
(Itochu Bldg. Prod) (CIT April 8, 2014) at 12 (``The statutory
provision, as discussed above, provides Commerce with discretion in
the selection of the effective date for a partial revocation
following a changed circumstances review, but that discretion may
not be exercised arbitrarily so as to decide the question presented
without considering the relevant and competing considerations.'').
\13\ See, e.g., Carbon and Certain Alloy Steel Wire Rod from
Brazil, Canada, Indonesia, Mexico, Moldova, Trinidad and Tobago, and
Ukraine: Final Results of Changed Circumstances Review, 68 FR 64079
(November 12, 2003); Stainless Steel Hollow Products from Sweden;
Termination of Antidumping Duty Administrative Reviews, Final
Results of Changed Circumstances Antidumping Duty Administrative
Review, and Revocation In Part of Antidumping Duty Order, 60 FR
42529 (August 16, 1995).
\14\ See Steel Wire Garment Hangers From the People's Republic
of China: Final Results of Changed Circumstances Review, and
Revocation in Part of Antidumping Duty Order (Steel Hangers), 74 FR
50956 (October 2, 2009); Notice of Final Results of Antidumping Duty
Changed Circumstances Review, and Determination To Revoke Order in
Part: Certain Cased Pencils from the People's Republic of China
(Cased Pencils), 71 FR 13352 (March 15, 2006); Stainless Steel Sheet
and Strip in Coils from Japan: Final Results of Changed Circumstance
Antidumping Duty Review, and Determination To Revoke Order in Part
(Stainless Sheet and Strip), 65 FR 77578 (December 12, 2000).
\15\ See Large Newspaper Printing Presses and Components
Thereof, Whether Assembled or Unassembled, from Japan: Final Results
of Changed Circumstances Antidumping Duty Administrative Review and
Intent To Revoke Antidumping Duty Order, In Part, 64 FR 72315
(December 27, 1999).
\16\ See Itochu Bldg. Prod., Slip Op. 14-37 at 3.
---------------------------------------------------------------------------
On September 4, 2018, Goal Zero requested retroactive application
of the final results of these reviews starting January 1, 2015 for
purposes of the CVD Order, and December 1, 2015 for purposes of the AD
Order, and the petitioner agreed to Goal Zero's request.\17\ Goal Zero
claims that there are unliquidated entries corresponding to the 2015-
2016 reviews.\18\ Goal Zero notes that the final results for the
administrative review of the CVD Order covering the review period
January 1 through December 31, 2015, and the final results for the
administrative review of the AD Order covering the period December 1,
2015 through November 30, 2016, are being challenged by the petitioner
before the Court of International Trade (CIT).\19\ However, entries of
subject merchandise overlapping with the AD administrative review
covering the period December 1, 2015 through November 30, 2016, and
which were not liquidated pursuant to automatic liquidation
instructions,\20\ are either encompassed by Commerce's August 21, 2018
liquidation instructions to CBP or enjoined from liquidation by
statutory injunctions entered by the CIT.\21\ Similarly, entries of
subject merchandise overlapping with the CVD administrative review
covering the period January 1, 2015 through December 31, 2015, and
which were not liquidated pursuant to automatic liquidation
instructions,\22\ are enjoined from liquidation by statutory
injunctions entered by the CIT.\23\ Entries of merchandise enjoined
from liquidation by the court may not be subject to Commerce's partial
revocation of the order and subsequent instructions to CBP, and because
their liquidation is enjoined, they are set to be liquidated in
accordance with the final court decision.\24\
---------------------------------------------------------------------------
\17\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People's Republic of China; Goal
Zero LLC's Comments on the Preliminary Results of the Changed
Circumstances Review, dated September 4, 2018; see also SolarWorld's
submission: ``Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People's Republic of China:
Comments on Preliminary Results of the Goal Zero LLC Changed
Circumstances Reviews'', dated September 4, 2018.
\18\ See Goal Zero Comments at 11.
\19\ Id. at 12.
\20\ See Message Numbers 7067302 and 7065306.
\21\ See Message Number 8233301 instructing CBP to assess an
antidumping liability for various exporters of subject merchandise,
including ERA Solar Co., Ltd., for the period December 1, 2015
through November 30, 2016. See also Message Number 8269301
instructing CBP with regard to the statutory injunction issued in
connection with court number 18-00189 and Message Numbers 8240315
and 8240316 instructing CBP with regard to the statutory injunction
issued in connection with court number 18-00176.
\22\ See Message Number 7058306.
\23\ See Message Numbers 8269331, 8264303, and 8243306
instructing CBP with regard to the statutory injunctions issued in
connection with court numbers 18-00184, 18-00185, 18-00186. On
August 15, 2018, Commerce instructed CBP to liquidate modules
produced in third countries from crystalline silicon photovoltaic
cells produced in China. See Message Number 8227315.
\24\ See sections 516A(c)(2) and (e) of the Act.
---------------------------------------------------------------------------
We find that legal and administrability issues are presented by
using the effective dates suggested by the interested parties.
Accordingly, we are exercising our discretion, based on the particular
circumstances in these CCRs, to make the effective dates January 1,
2016, for purposes of the CVD Order and December 1, 2016, for purposes
of the AD Order.
Instructions to U.S. Customs and Border Protection
Because we determine that there are changed circumstances that
warrant the revocation of the Orders, in part, we will instruct CBP to
liquidate without regard to antidumping and countervailing duties, and
to refund any estimated antidumping and countervailing duties on, all
unliquidated entries of the merchandise covered by this partial
revocation on or after January 1, 2016, for purposes of the CVD Order,
and on or after December 1, 2016, for purposes of the AD Order.
Notification to Interested Parties
This notice serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return/destruction of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
[[Page 65347]]
with the regulations and terms of an APO is a sanctionable violation.
We are issuing and publishing these final results and revocation,
in part, and notice in accordance with sections 751(b) and 777(i) of
the Act and 19 CFR 351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222.
Dated: December 13, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-27533 Filed 12-19-18; 8:45 am]
BILLING CODE 3510-DS-P
