Certain Crystalline Silicon Photovoltaic Products From Taiwan: Initiation of Antidumping Duty Changed Circumstances Review, 11284-11285 [2019-05426]
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11284
Federal Register / Vol. 84, No. 58 / Tuesday, March 26, 2019 / Notices
listed in Annex 3.25 are commercially
unavailable fabrics, yarns, and fibers.
Articles containing these items are
entitled to duty-free or preferential
treatment despite containing inputs not
produced in Panama or the United
States.
The list of commercially unavailable
fabrics, yarns, and fibers may be
changed pursuant to the commercial
availability provision in Chapter 3,
Article 3.25, Paragraphs 4–6 of the
Agreement. Under this provision,
interested entities from Panama or the
United States have the right to request
that a specific fabric, yarn, or fiber be
added to, or removed from, the list of
commercially unavailable fabrics, yarns,
and fibers in Annex 3.25 of the
Agreement.
Pursuant to Chapter 3, Article 3.25,
paragraph 6 of the Agreement, which
requires that the President publish
procedures for parties to exercise the
right to make these requests, Section
203(o)(4) of the Act authorizes the
President to establish procedures to
modify the list of fabrics, yarns, or fibers
not available in commercial quantities
in a timely manner in either the United
States or Panama as set out in Annex
3.25 of the Agreement. The President
delegated the responsibility for
publishing the procedures and
administering commercial availability
requests to the Committee for the
Implementation of Textile Agreements
(‘‘CITA’’), which issues procedures and
acts on requests through the U.S.
Department of Commerce, Office of
Textiles and Apparel (‘‘OTEXA’’) (See
Proclamation No. 8894, 77 FR 66507,
November 5, 2012).
The intent of the U.S.-Panama TPA
Commercial Availability Procedures is
to foster the use of U.S. and regional
products by implementing procedures
that allow products to be placed on or
removed from a product list, on a timely
basis, and in a manner that is consistent
with normal business practice. The
procedures are intended to facilitate the
transmission of requests; allow the
market to indicate the availability of the
supply of products that are the subject
of requests; make available promptly, to
interested entities and the public,
information regarding the requests for
products and offers received for those
products; ensure wide participation by
interested entities and parties; allow for
careful review and consideration of
information provided to substantiate
requests and responses; and provide
timely public dissemination of
information used by CITA in making
commercial availability determinations.
CITA must collect certain information
about fabric, yarn, or fiber technical
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17:54 Mar 25, 2019
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specifications and the production
capabilities of Panamanian and U.S.
textile producers to determine whether
certain fabrics, yarns, or fibers are
available in commercial quantities in a
timely manner in the United States or
Panama, subject to Section 203(o) of the
Act.
II. Method of Collection
Participants in a commercial
availability proceeding must submit
public versions of their Requests,
Responses or Rebuttals electronically
(via email) for posting on OTEXA’s
website. Confidential versions of those
submissions which contain business
confidential information must be
delivered in hard copy to the Office of
Textiles and Apparel (OTEXA) at the
U.S. Department of Commerce.
III. Data
OMB Control Number: 0625–0273.
Form Number(s): N/A.
Type of Review: Regular submission.
Affected Public: Business or for-profit
organizations.
Estimated Number of Respondents:
16.
Estimated Time per Response: 8 hours
per Request, 2 hours per Response, and
1 hour per Rebuttal.
Estimated Total Annual Burden
Hours: 89.
Estimated Total Annual Cost to
Public: $5,340.
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 Lead PRA Officer, Office of the
Chief Information Officer, Commerce
Department.
[FR Doc. 2019–05749 Filed 3–25–19; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–853]
Certain Crystalline Silicon Photovoltaic
Products From Taiwan: Initiation of
Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is initiating a changed
circumstances review to determine if
United Renewable Energy Co., Ltd.
(URE) is the successor-in-interest to Neo
Solar Power Corporation (NSP), Gintech
Energy Corporation (Gintech), and
Solartech Energy Corporation
(Solartech) in the context of the
antidumping duty order on certain
crystalline silicon photovoltaic products
(solar products) from Taiwan.
DATES: Applicable March 26, 2019.
FOR FURTHER INFORMATION CONTACT:
Robert Galantucci, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: 202–482–2923.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 18, 2015, Commerce
published in the Federal Register an
antidumping duty order on solar
products from Taiwan.1 On February 1,
2019, URE requested that, pursuant to
section 751(b)(1) of the Tariff Act of
1930, as amended (the Act) and 19 CFR
351.216(b), Commerce conduct an
expedited changed circumstances
review of the Order to determine that
URE is the successor-in-interest to NSP,
Gintech and Solartech, and accordingly,
to assign URE the cash deposit rate
assigned to the three predecessor
companies in the second administrative
review.2
Scope of the Order
The merchandise covered by this
Order is crystalline silicon photovoltaic
cells, and modules, laminates and/or
1 See Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Antidumping Duty Order,
80 FR 8596 (February 18, 2015) (Order).
2 See Letter, ‘‘Certain Crystalline Silicon
Photovoltaic Products from Taiwan: Request for
Changed Circumstances Review and Successor-inInterest Determination,’’ dated February 1, 2019
(CCR Request) at 2; see also Certain Crystalline
Silicon Photovoltaic Products from Taiwan: Final
Results of Antidumping Duty Administrative
Review; 2016–2017, 83 FR 30401 (June 28, 2018)
(AR2 Final Results).
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26MRN1
Federal Register / Vol. 84, No. 58 / Tuesday, March 26, 2019 / Notices
panels consisting of crystalline silicon
photovoltaic cells, whether or not
partially or fully assembled into other
products, including building integrated
materials. For a complete description of
the scope of the Order, see the appendix
to this notice.
Initiation of Changed Circumstances
Review
Pursuant to section 751(b)(1) of the
Act, Commerce will conduct a changed
circumstances review upon receipt of
information concerning, or a request
from, an interested party for a review of
an antidumping duty order which
shows changed circumstances sufficient
to warrant a review of the order. In its
request for a changed circumstances
review, URE provided information
indicating that URE was formed through
a merger between NSP, Gintech and
Solartech.3 This corporate restructuring
constitutes changed circumstances
warranting a review of the Order.4
Therefore, in accordance with section
751(b)(1) of the Act and 19 CFR
351.216(d), we are initiating a changed
circumstances review based upon the
information contained in URE’s
submission.
In making a successor-in-interest
determination, Commerce examines
several factors, including, but not
limited to, changes in the following: (1)
Management; (2) production facilities;
(3) supplier relationships; and (4)
customer base.5 While no single factor
or combination of factors will
necessarily be dispositive in the
successor-in-interest determination,
generally, Commerce will consider the
new company to be the successor to the
previous company if the new company’s
resulting operation is not materially
dissimilar to that of its predecessor.6
Thus, if the record evidence
demonstrates that, with respect to the
production and sale of the subject
merchandise, the new company
operates as the same business entity as
the predecessor company, Commerce
may assign the new company the cash
deposit rate of its predecessor.7
3 See
CCR Request.
19 CFR 351.216(d).
5 See, e.g., Certain Frozen Warmwater Shrimp
from India: Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review,
81 FR 75376 (October 31, 2016) (Shrimp from India
Preliminary Results), unchanged in Certain Frozen
Warmwater Shrimp from India: Notice of Final
Results of Antidumping Duty Changed
Circumstances Review, 81 FR 90774 (December 15,
2016) (Shrimp from India Final Results).
6 See, e.g., Shrimp from India Preliminary Results,
81 FR at 75377, unchanged in Shrimp from India
Final Results, 81 FR at 90774.
7 See, e.g., Certain Circular Welded Carbon Steel
Pipes and Tubes from Taiwan: Initiation of
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4 See
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URE has provided sufficient evidence
to warrant a review to determine
whether URE is the successor-in-interest
to NSP, Gintech and Solartech for the
purposes of the Order. Commerce
intends to publish in the Federal
Register a notice of preliminary results
of the antidumping duty changed
circumstances review, in accordance
with 19 CFR 351.221(b)(4) and
351.221(c)(3)(i), which will set forth
Commerce’s preliminary factual and
legal conclusions. Commerce will issue
its final results of the review in
accordance with the time limits set forth
in 19 CFR 351.216(e).
We are issuing this notice in
accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR 351.216
and 351.221(b)(l).
Dated: March 18, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
Antidumping Duty Changed Circumstances Review,
70 FR 17063, 17064 (April 4, 2005); Fresh and
Chilled Atlantic Salmon from Norway; Final Results
of Changed Circumstances Antidumping Duty
Administrative Review, 64 FR 9979, 9980 (March 1,
1999).
Frm 00007
exclusion shall be the total combined surface
area of all cells that are integrated into the
consumer good.
Further, also excluded from the scope of
this order are any products covered by the
existing antidumping and countervailing
duty orders on crystalline silicon
photovoltaic cells, whether or not assembled
into modules, from the People’s Republic of
China (China).8 Also excluded from the
scope of this order are modules, laminates,
and panels produced in China from
crystalline silicon photovoltaic cells
produced in Taiwan that are covered by an
existing proceeding on such modules,
laminates, and panels from China.
Merchandise covered by the order is
currently classified in the Harmonized Tariff
Schedule of the United States (HTSUS) under
subheadings 8501.61.0000, 8507.20.8030,
8507.20.8040, 8507.20.8060, 8507.20.8090,
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 order is dispositive.
[FR Doc. 2019–05426 Filed 3–25–19; 8:45 am]
BILLING CODE 3510–DS–P
Scope of the Order
The merchandise covered by this order is
crystalline silicon photovoltaic cells, and
modules, laminates and/or panels consisting
of crystalline silicon photovoltaic cells,
whether or not partially or fully assembled
into other products, including building
integrated materials.
Subject merchandise includes 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.
Modules, laminates, and panels produced
in a third-country from cells produced in
Taiwan are covered by this order. However,
modules, laminates, and panels produced in
Taiwan from cells produced in a thirdcountry are not covered by this order.
Excluded from the scope of this order 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 this order are crystalline silicon
photovoltaic cells, not exceeding 10,000 mm2
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
cells. Where more than one cell is
permanently integrated into a consumer
good, the surface area for purposes of this
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DEPARTMENT OF COMMERCE
International Trade Administration
Proposed Information Collection;
Comment Request; Interim Procedures
for Considering Requests Under the
Commercial Availability Provision of
the United States—Peru Trade
Promotion Agreement (US–PERU TPA)
International Trade
Administration.
ACTION: Notice.
AGENCY:
SUMMARY: On behalf of the Committee
for the Implementation of Textile
Agreements (CITA), the Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before May 28, 2019.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW,
8 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); 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).
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]]>Agencies
[Federal Register Volume 84, Number 58 (Tuesday, March 26, 2019)]
[Notices]
[Pages 11284-11285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05426]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-853]
Certain Crystalline Silicon Photovoltaic Products From Taiwan:
Initiation of Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is initiating a changed
circumstances review to determine if United Renewable Energy Co., Ltd.
(URE) is the successor-in-interest to Neo Solar Power Corporation
(NSP), Gintech Energy Corporation (Gintech), and Solartech Energy
Corporation (Solartech) in the context of the antidumping duty order on
certain crystalline silicon photovoltaic products (solar products) from
Taiwan.
DATES: Applicable March 26, 2019.
FOR FURTHER INFORMATION CONTACT: Robert Galantucci, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: 202-482-2923.
SUPPLEMENTARY INFORMATION:
Background
On February 18, 2015, Commerce published in the Federal Register an
antidumping duty order on solar products from Taiwan.\1\ On February 1,
2019, URE requested that, pursuant to section 751(b)(1) of the Tariff
Act of 1930, as amended (the Act) and 19 CFR 351.216(b), Commerce
conduct an expedited changed circumstances review of the Order to
determine that URE is the successor-in-interest to NSP, Gintech and
Solartech, and accordingly, to assign URE the cash deposit rate
assigned to the three predecessor companies in the second
administrative review.\2\
---------------------------------------------------------------------------
\1\ See Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Antidumping Duty Order, 80 FR 8596 (February 18, 2015)
(Order).
\2\ See Letter, ``Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Request for Changed Circumstances Review and
Successor-in-Interest Determination,'' dated February 1, 2019 (CCR
Request) at 2; see also Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Final Results of Antidumping Duty
Administrative Review; 2016-2017, 83 FR 30401 (June 28, 2018) (AR2
Final Results).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this Order is crystalline silicon
photovoltaic cells, and modules, laminates and/or
[[Page 11285]]
panels consisting of crystalline silicon photovoltaic cells, whether or
not partially or fully assembled into other products, including
building integrated materials. For a complete description of the scope
of the Order, see the appendix to this notice.
Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Act, Commerce will conduct a
changed circumstances review upon receipt of information concerning, or
a request from, an interested party for a review of an antidumping duty
order which shows changed circumstances sufficient to warrant a review
of the order. In its request for a changed circumstances review, URE
provided information indicating that URE was formed through a merger
between NSP, Gintech and Solartech.\3\ This corporate restructuring
constitutes changed circumstances warranting a review of the Order.\4\
Therefore, in accordance with section 751(b)(1) of the Act and 19 CFR
351.216(d), we are initiating a changed circumstances review based upon
the information contained in URE's submission.
---------------------------------------------------------------------------
\3\ See CCR Request.
\4\ See 19 CFR 351.216(d).
---------------------------------------------------------------------------
In making a successor-in-interest determination, Commerce examines
several factors, including, but not limited to, changes in the
following: (1) Management; (2) production facilities; (3) supplier
relationships; and (4) customer base.\5\ While no single factor or
combination of factors will necessarily be dispositive in the
successor-in-interest determination, generally, Commerce will consider
the new company to be the successor to the previous company if the new
company's resulting operation is not materially dissimilar to that of
its predecessor.\6\ Thus, if the record evidence demonstrates that,
with respect to the production and sale of the subject merchandise, the
new company operates as the same business entity as the predecessor
company, Commerce may assign the new company the cash deposit rate of
its predecessor.\7\
---------------------------------------------------------------------------
\5\ See, e.g., Certain Frozen Warmwater Shrimp from India:
Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review, 81 FR 75376 (October 31, 2016) (Shrimp from
India Preliminary Results), unchanged in Certain Frozen Warmwater
Shrimp from India: Notice of Final Results of Antidumping Duty
Changed Circumstances Review, 81 FR 90774 (December 15, 2016)
(Shrimp from India Final Results).
\6\ See, e.g., Shrimp from India Preliminary Results, 81 FR at
75377, unchanged in Shrimp from India Final Results, 81 FR at 90774.
\7\ See, e.g., Certain Circular Welded Carbon Steel Pipes and
Tubes from Taiwan: Initiation of Antidumping Duty Changed
Circumstances Review, 70 FR 17063, 17064 (April 4, 2005); Fresh and
Chilled Atlantic Salmon from Norway; Final Results of Changed
Circumstances Antidumping Duty Administrative Review, 64 FR 9979,
9980 (March 1, 1999).
---------------------------------------------------------------------------
URE has provided sufficient evidence to warrant a review to
determine whether URE is the successor-in-interest to NSP, Gintech and
Solartech for the purposes of the Order. Commerce intends to publish in
the Federal Register a notice of preliminary results of the antidumping
duty changed circumstances review, in accordance with 19 CFR
351.221(b)(4) and 351.221(c)(3)(i), which will set forth Commerce's
preliminary factual and legal conclusions. Commerce will issue its
final results of the review in accordance with the time limits set
forth in 19 CFR 351.216(e).
We are issuing this notice in accordance with sections 751(b)(1)
and 777(i)(1) of the Act and 19 CFR 351.216 and 351.221(b)(l).
Dated: March 18, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The merchandise covered by this order is crystalline silicon
photovoltaic cells, and modules, laminates and/or panels consisting
of crystalline silicon photovoltaic cells, whether or not partially
or fully assembled into other products, including building
integrated materials.
Subject merchandise includes 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.
Modules, laminates, and panels produced in a third-country from
cells produced in Taiwan are covered by this order. However,
modules, laminates, and panels produced in Taiwan from cells
produced in a third-country are not covered by this order.
Excluded from the scope of this order 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 this order are crystalline silicon photovoltaic cells,
not exceeding 10,000 mm\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 cells. 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.
Further, also excluded from the scope of this order are any
products covered by the existing antidumping and countervailing duty
orders on crystalline silicon photovoltaic cells, whether or not
assembled into modules, from the People's Republic of China
(China).\8\ Also excluded from the scope of this order are modules,
laminates, and panels produced in China from crystalline silicon
photovoltaic cells produced in Taiwan that are covered by an
existing proceeding on such modules, laminates, and panels from
China.
---------------------------------------------------------------------------
\8\ 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); 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).
---------------------------------------------------------------------------
Merchandise covered by the order is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060,
8507.20.8090, 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 order is dispositive.
[FR Doc. 2019-05426 Filed 3-25-19; 8:45 am]
BILLING CODE 3510-DS-P
