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), 11285-11286 [2019-05752]
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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
PO 00000
11285
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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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11286
Federal Register / Vol. 84, No. 58 / Tuesday, March 26, 2019 / Notices
jbell on DSK30RV082PROD with NOTICES
Washington, DC 20230 (or via the
internet at PRAcomments@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Laurie Mease, Office of
Textiles and Apparel, Telephone: 202–
482–2043, Email: Laurie.Mease@
trade.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
The United States and Peru negotiated
the U.S.-Peru Trade Promotion
Agreement (the ‘‘Agreement’’), which
entered into force on February 1, 2009.
Subject to the rules of origin in Annex
4.1 of the Agreement, and pursuant to
the textile provisions of the Agreement,
fabric, yarn, and fiber produced in Peru
or the United States and traded between
the two countries are entitled to dutyfree tariff treatment. Annex 3–B of the
Agreement also lists specific fabrics,
yarns, and fibers that the two countries
agreed are not available in commercial
quantities in a timely manner from
producers in Peru or the United States.
The items listed 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 Peru 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 3.3, Paragraphs 5–7 of the
Agreement. Under this provision,
interested entities from Peru 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–B.
Chapter 3, Article 3.3, paragraph 7 of
the Agreement requires that the
President publish procedures for parties
to exercise the right to make these
requests. 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. 8341, 74 FR 4105, January 22, 2009).
Interim procedures to implement these
responsibilities were published in the
Federal Register on August 14, 2009.
(See Interim Procedures for Considering
Requests Under the Commercial
Availability Provision of the United
VerDate Sep<11>2014
17:54 Mar 25, 2019
Jkt 247001
States—Peru Trade Promotion
Agreement Implementation Act and
Estimate of Burden for Collection of
Information, 74 FR 41111, August 11,
2009).
The intent of the U.S.-Peru 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
specifications and the production
capabilities of Peruvian 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 Peru,
subject to Section 203(o) of the
Agreement.
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: 0625–0265.
Form Number(s): N/A.
Type of Review: Regular submission.
Affected Public: Business or for-profit
organizations.
Estimated Number of Respondents: 16
(10 for Requests; 3 for Responses; 3 for
Rebuttals).
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.
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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. 2019–05752 Filed 3–25–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG892
Endangered and Threatened Species;
Announcement of a Recovery Planning
Workshop and Request for Information
To Inform Recovery Planning for the
Oceanic Whitetip Shark
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for information.
AGENCY:
SUMMARY: We, NMFS, are convening a
workshop to solicit facts and
information from experts to inform
recovery planning for the oceanic
whitetip shark (Carcharhinus
longimanus). We will not be asking for
a consensus recommendation on how to
recover the oceanic whitetip shark. This
workshop will be open to the public.
We also request information that might
inform the development of the recovery
plan.
DATES: Workshop dates and
information: The two-day recovery
planning workshop for the oceanic
whitetip shark will be held Tuesday,
April 23 through Wednesday April 24,
2019 at the Ohana Waikiki East Hotel,
E:\FR\FM\26MRN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 58 (Tuesday, March 26, 2019)]
[Notices]
[Pages 11285-11286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05752]
-----------------------------------------------------------------------
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)
AGENCY: International Trade Administration.
ACTION: Notice.
-----------------------------------------------------------------------
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,
[[Page 11286]]
Washington, DC 20230 (or via the internet at PRAcomments@doc.gov).
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection instrument and instructions should
be directed to Laurie Mease, Office of Textiles and Apparel, Telephone:
202-482-2043, Email: Laurie.Mease@trade.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
The United States and Peru negotiated the U.S.-Peru Trade Promotion
Agreement (the ``Agreement''), which entered into force on February 1,
2009. Subject to the rules of origin in Annex 4.1 of the Agreement, and
pursuant to the textile provisions of the Agreement, fabric, yarn, and
fiber produced in Peru or the United States and traded between the two
countries are entitled to duty-free tariff treatment. Annex 3-B of the
Agreement also lists specific fabrics, yarns, and fibers that the two
countries agreed are not available in commercial quantities in a timely
manner from producers in Peru or the United States. The items listed
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 Peru 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 3.3, Paragraphs 5-7 of the Agreement. Under this provision,
interested entities from Peru 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-B.
Chapter 3, Article 3.3, paragraph 7 of the Agreement requires that
the President publish procedures for parties to exercise the right to
make these requests. 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. 8341, 74 FR 4105, January 22, 2009). Interim
procedures to implement these responsibilities were published in the
Federal Register on August 14, 2009. (See Interim Procedures for
Considering Requests Under the Commercial Availability Provision of the
United States--Peru Trade Promotion Agreement Implementation Act and
Estimate of Burden for Collection of Information, 74 FR 41111, August
11, 2009).
The intent of the U.S.-Peru 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 specifications and the production capabilities of Peruvian
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 Peru, subject to Section 203(o) of the Agreement.
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: 0625-0265.
Form Number(s): N/A.
Type of Review: Regular submission.
Affected Public: Business or for-profit organizations.
Estimated Number of Respondents: 16 (10 for Requests; 3 for
Responses; 3 for Rebuttals).
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. 2019-05752 Filed 3-25-19; 8:45 am]
BILLING CODE 3510-DS-P
