Withdrawal of Bifacial Solar Panels Exclusion to the Solar Products Safeguard Measure, 54244-54245 [2019-22074]

Download as PDF 54244 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Notices between milepost 219.0 at L’Anse (southwest of the intersection of U.S. 41 and Menge Creek Rd.) and milepost 223.9 at Baraga (the Line). The Line traverses U.S. Postal Service Zip Codes 49946 and 49908. WCL has certified that: (1) No local traffic has moved over the Line for at least two years; (2) overhead traffic (to the extent any exists) can be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the Line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the Line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the two-year period; and (4) the requirements at 49 CFR 1105.12 (newspaper publication) and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the discontinuance of service shall be protected under Oregon Short Line Railroad—Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) 1 to subsidize continued rail service has been received, this exemption will be effective on November 8, 2019, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues must be filed by October 18, 2019, and formal expressions of intent to file an OFA to subsidize continued rail service under 49 CFR 1152.27(c)(2) 2 must be filed by October 21, 2019.3 Petitions for reconsideration must be filed by October 29, 2019, with the Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to WCL’s khammond on DSKJM1Z7X2PROD with NOTICES 1 Persons interested in submitting an OFA to subsidize continued rail service must first file a formal expression of intent to file an offer, indicating the intent to file an OFA for subsidy and demonstrating that they are preliminarily financially responsible. See 49 CFR 1152.27(c)(2)(i). 2 The filing fee for OFAs can be found at 49 CFR 1002.2(f)(25). 3 Because this is a discontinuance proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate. Because there will be an environmental review during abandonment, this discontinuance does not require environmental review. VerDate Sep<11>2014 17:13 Oct 08, 2019 Jkt 250001 representative, Bradon J. Smith, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606. If the verified notice contains false or misleading information, the exemption is void ab initio. Board decision and notices are available at www.stb.gov. Decided: October 2, 2019. By the Board, Allison C. Davis, Director, Office of Proceedings. Eden Besera, Clearance Clerk. [FR Doc. 2019–21842 Filed 10–8–19; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD Release of Waybill Data The Surface Transportation Board (Board) has received a request from the Southern California Association of Governments (WB19–49—10/1/19) for permission to use select data from the Board’s 2011–2015 Unmasked Carload Waybill Sample. A copy of this request may be obtained from the Board’s website under docket no. WB19–49. The waybill sample contains confidential railroad and shipper data; therefore, if any parties object to these requests, they should file their objections with the Director of the Board’s Office of Economics within 14 calendar days of the date of this notice. The rules for release of waybill data are codified at 49 CFR 1244.9. Contact: Alexander Dusenberry, (202) 245–0319. Aretha Laws-Byrum, Clearance Clerk. [FR Doc. 2019–22060 Filed 10–8–19; 8:45 am] BILLING CODE 4915–01–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. USTR–2018–0001] Withdrawal of Bifacial Solar Panels Exclusion to the Solar Products Safeguard Measure Office of the United States Trade Representative. ACTION: Notice. AGENCY: On January 23, 2018, the President imposed a safeguard measure on imports of certain solar products pursuant to a section 201 investigation. On February 14, 2018, the U.S. Trade Representative established procedures for interested persons to request product-specific exclusions from application of the safeguard measure. SUMMARY: PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 On June 13, 2019, the U.S. Trade Representative published a notice granting certain requests for exclusions and excluding the products at issue from the safeguard measure’s application. In particular, the U.S. Trade Representative excluded bifacial solar panels consisting only of bifacial solar cells. Since publication of that notice, the U.S. Trade Representative has evaluated this exclusion further and, after consultation with the Secretaries of Commerce and Energy, determined it will undermine the objectives of the safeguard measure. Accordingly, the U.S. Trade Representative has modified the Harmonized Tariff Schedule of the United States (HTSUS) to withdraw the exclusion of bifacial solar panels from application of the safeguard measure. The U.S. Trade Representative also has modified the HTSUS to make certain technical changes in connection with the safeguard measure. DATES: The withdrawal of the exclusion for bifacial solar panels from application of the safeguard measure and technical changes will apply as of October 28, 2019. FOR FURTHER INFORMATION CONTACT: Victor Mroczka, Office of WTO and Multilateral Affairs, at vmroczka@ ustr.eop.gov or (202) 395–9450, or Dax Terrill, Office of General Counsel, at Dax.Terrill@ustr.eop.gov or (202) 395– 4739. SUPPLEMENTARY INFORMATION: A. Background On January 23, 2018, the President issued Proclamation 9693 (83 FR 3541) to impose a safeguard measure under section 201 of the Trade Act of 1974 (19 U.S.C. 2251) with respect to certain crystalline silicon photovoltaic (CSPV) cells and other products (CSPV products) containing these cells. The Proclamation directed the U.S. Trade Representative to establish procedures for interested persons to request the exclusion of particular products from the safeguard measure. It also authorized the U.S. Trade Representative, after consultation with the Secretaries of Commerce and Energy, to exclude products by modifying the HTSUS with publication of a determination in the Federal Register regarding the exclusion of such products. On February 14, 2018, the U.S. Trade Representative issued a notice setting out the procedures to request a product exclusion and opened a public docket. See 83 FR 6670 (the February 2018 notice). Under the February 2018 notice, requests for exclusion were to identify the particular product in terms of its E:\FR\FM\09OCN1.SGM 09OCN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Notices physical characteristics, such as dimensions, wattage, material composition, or other distinguishing characteristics, that differentiate it from other products that are subject to the safeguard measure. The notice said that the U.S. Trade Representative would not consider requests identifying the product at issue in terms of the identity of the producer, importer, or ultimate consumer, the country of origin, or trademarks or tradenames. The notice also provided that the U.S. Trade Representative would evaluate each request on a case-by-case basis and would grant only those exclusions that did not undermine the objectives of the safeguard measure. The February 2018 notice indicated that the U.S. Trade Representative would consider exclusion requests filed no later than March 16, 2018. The Office of the U.S. Trade Representative (USTR) received 48 product exclusion requests and 213 comments responding to the various requests. The exclusion requests generally fell into seven categories, one of which concerned bifacial solar panels. Proponents asserted that the volume of bifacial solar panel production available for export to the United States was highly limited, that the products would not compete directly with CSPV products produced in the United States, and that the exclusion would not undermine the objectives of the safeguard measure. On September 19, 2018, and June 13, 2019 (the June 2019 notice), the U.S. Trade Representative granted certain product exclusion requests in notices published in the Federal Register (83 FR 47393 and 84 FR 27684) and modified the HTSUS accordingly. In particular, based on the above assertions, the June 2019 notice specifically excluded from application of the safeguard measure ‘‘bifacial solar panels that absorb light and generate electricity on each side of the panel and that consist of only bifacial solar cells that absorb light and generate electricity on each side of the cells.’’ After evaluating newly available information from these and other sources demonstrating that global production of bifacial solar panels is increasing, that the exclusion will likely result in significant increases in imports of bifacial solar panels, and that such panels likely will compete with domestically produced monofacial and bifacial CSPV products in the U.S. market, the U.S. Trade Representative has determined, after consultation with the Secretaries of Commerce and Energy, that maintaining the exclusion will undermine the objectives of the safeguard measure. B. Further Evaluation of the Bifacial Solar Panel Exclusion USTR has received multiple inquiries, requests, and other comments from members of the public. Some have asserted that the bifacial solar panels exclusion granted in the June 2019 notice is broader than the category of products described in the exclusion requests submitted as of March 16, 2018. Others have stated that the exclusion will cause a significant increase in imports of bifacial solar panels, with projections that such a surge is imminent. Annex Effective with respect to articles entered for consumption, or withdrawn from a warehouse for consumption, on or after 12:01 a.m. eastern daylight time on October 28, 2019, U.S. note 18 to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) is modified by removing the following from subdivision (c)(iii): ‘‘(15) bifacial solar panels that absorb light and generate electricity on each side of the panel and that consist of only bifacial solar cells that absorb light and VerDate Sep<11>2014 17:13 Oct 08, 2019 Jkt 250001 C. Withdrawal of the Bifacial Solar Panel Exclusion Based on an evaluation of the factors set out in the February 2018 notice, and further consideration of the exclusion granted for bifacial solar panels in the June 2019 notice, the U.S. Trade Representative has determined after consultation with the Secretaries of Commerce and Energy to withdraw that exclusion. Accordingly, as set out in the Annex to this notice, USTR is modifying subdivision (c)(iii) of U.S. note 18 to subchapter III of chapter 99 of the HTSUS to remove subdivision (c)(iii)(15), which implements the exclusion of bifacial solar panels. D. Technical Changes to the HTSUS It has come to the attention of USTR that certain technical clarifications to the Annex will facilitate administration of the safeguard measure. Presidential Proclamation 6969 of January 27, 1997 (62 FR 4415) authorizes the U.S. Trade Representative to exercise the authority provided to the President under section 604 of the Trade Act of 1974 (19 U.S.C. 2483) to embody rectifications, technical or conforming changes, or similar modifications in the HTSUS. Pursuant to this delegated authority, the U.S. Trade Representative modifies the HTSUS to make the technical changes set out in the Annex to this notice. PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 54245 generate electricity on each side of the cells;’’ U.S. note 18 to subchapter III of chapter 99 of the HTSUS is further modified by redesignating current subdivisions (c)(iii)(16) and (c)(iii)(17) as subdivisions (c)(iii)(15) and (c)(iii)(16), respectively. U.S. note 18 to subchapter III of chapter 99 of the HTSUS is further modified by striking from subdivision (c)(i) the HTSUS number ‘‘8541.40.6030’’ and by inserting in lieu thereof ‘‘8541.40.6025’’. U.S. note 18 to subchapter III of chapter 99 of the HTSUS is further modified by striking from subdivision (g) of such note the HTSUS number ‘‘8541.40.6020’’ and by inserting in lieu thereof ‘‘8541.40.6015’’. Jeffrey Gerrish, Deputy United States Trade Representative, Office of the U.S. Trade Representative. [FR Doc. 2019–22074 Filed 10–8–19; 8:45 am] BILLING CODE 3290–F0–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. USTR–2019–0003] Notice of Determination and Action Pursuant to Section 301: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute Office of the United States Trade Representative. ACTION: Notice of determinations and action. AGENCY: The U.S. Trade Representative has determined that the European Union (EU) and certain member States have denied U.S. rights under the World Trade Organization (WTO) Agreement and have failed to implement WTO Dispute Settlement Body recommendations concerning certain subsidies to the EU large civil aircraft industry. The U.S. Trade Representative has determined to take action in the form of additional duties on products of certain member States of the EU, as specified in Annex A to this notice. DATES: The additional duties set out in Annex A are applicable with respect to products that are entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on October 18, 2019. FOR FURTHER INFORMATION CONTACT: For questions about the determinations in this investigation, contact Assistant General Counsel Megan Grimball, (202) 395–5725, or Director for Europe SUMMARY: E:\FR\FM\09OCN1.SGM 09OCN1

Agencies

Office of the United States Trade Representative

[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Notices]
[Pages 54244-54245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22074]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. USTR-2018-0001]


Withdrawal of Bifacial Solar Panels Exclusion to the Solar 
Products Safeguard Measure

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: On January 23, 2018, the President imposed a safeguard measure 
on imports of certain solar products pursuant to a section 201 
investigation. On February 14, 2018, the U.S. Trade Representative 
established procedures for interested persons to request product-
specific exclusions from application of the safeguard measure. On June 
13, 2019, the U.S. Trade Representative published a notice granting 
certain requests for exclusions and excluding the products at issue 
from the safeguard measure's application. In particular, the U.S. Trade 
Representative excluded bifacial solar panels consisting only of 
bifacial solar cells. Since publication of that notice, the U.S. Trade 
Representative has evaluated this exclusion further and, after 
consultation with the Secretaries of Commerce and Energy, determined it 
will undermine the objectives of the safeguard measure. Accordingly, 
the U.S. Trade Representative has modified the Harmonized Tariff 
Schedule of the United States (HTSUS) to withdraw the exclusion of 
bifacial solar panels from application of the safeguard measure. The 
U.S. Trade Representative also has modified the HTSUS to make certain 
technical changes in connection with the safeguard measure.

DATES: The withdrawal of the exclusion for bifacial solar panels from 
application of the safeguard measure and technical changes will apply 
as of October 28, 2019.

FOR FURTHER INFORMATION CONTACT: Victor Mroczka, Office of WTO and 
Multilateral Affairs, at [email protected] or (202) 395-9450, or 
Dax Terrill, Office of General Counsel, at [email protected] or 
(202) 395-4739.

SUPPLEMENTARY INFORMATION:

A. Background

    On January 23, 2018, the President issued Proclamation 9693 (83 FR 
3541) to impose a safeguard measure under section 201 of the Trade Act 
of 1974 (19 U.S.C. 2251) with respect to certain crystalline silicon 
photovoltaic (CSPV) cells and other products (CSPV products) containing 
these cells. The Proclamation directed the U.S. Trade Representative to 
establish procedures for interested persons to request the exclusion of 
particular products from the safeguard measure. It also authorized the 
U.S. Trade Representative, after consultation with the Secretaries of 
Commerce and Energy, to exclude products by modifying the HTSUS with 
publication of a determination in the Federal Register regarding the 
exclusion of such products.
    On February 14, 2018, the U.S. Trade Representative issued a notice 
setting out the procedures to request a product exclusion and opened a 
public docket. See 83 FR 6670 (the February 2018 notice). Under the 
February 2018 notice, requests for exclusion were to identify the 
particular product in terms of its

[[Page 54245]]

physical characteristics, such as dimensions, wattage, material 
composition, or other distinguishing characteristics, that 
differentiate it from other products that are subject to the safeguard 
measure. The notice said that the U.S. Trade Representative would not 
consider requests identifying the product at issue in terms of the 
identity of the producer, importer, or ultimate consumer, the country 
of origin, or trademarks or tradenames. The notice also provided that 
the U.S. Trade Representative would evaluate each request on a case-by-
case basis and would grant only those exclusions that did not undermine 
the objectives of the safeguard measure.
    The February 2018 notice indicated that the U.S. Trade 
Representative would consider exclusion requests filed no later than 
March 16, 2018. The Office of the U.S. Trade Representative (USTR) 
received 48 product exclusion requests and 213 comments responding to 
the various requests. The exclusion requests generally fell into seven 
categories, one of which concerned bifacial solar panels. Proponents 
asserted that the volume of bifacial solar panel production available 
for export to the United States was highly limited, that the products 
would not compete directly with CSPV products produced in the United 
States, and that the exclusion would not undermine the objectives of 
the safeguard measure.
    On September 19, 2018, and June 13, 2019 (the June 2019 notice), 
the U.S. Trade Representative granted certain product exclusion 
requests in notices published in the Federal Register (83 FR 47393 and 
84 FR 27684) and modified the HTSUS accordingly. In particular, based 
on the above assertions, the June 2019 notice specifically excluded 
from application of the safeguard measure ``bifacial solar panels that 
absorb light and generate electricity on each side of the panel and 
that consist of only bifacial solar cells that absorb light and 
generate electricity on each side of the cells.''

B. Further Evaluation of the Bifacial Solar Panel Exclusion

    USTR has received multiple inquiries, requests, and other comments 
from members of the public. Some have asserted that the bifacial solar 
panels exclusion granted in the June 2019 notice is broader than the 
category of products described in the exclusion requests submitted as 
of March 16, 2018. Others have stated that the exclusion will cause a 
significant increase in imports of bifacial solar panels, with 
projections that such a surge is imminent.
    After evaluating newly available information from these and other 
sources demonstrating that global production of bifacial solar panels 
is increasing, that the exclusion will likely result in significant 
increases in imports of bifacial solar panels, and that such panels 
likely will compete with domestically produced monofacial and bifacial 
CSPV products in the U.S. market, the U.S. Trade Representative has 
determined, after consultation with the Secretaries of Commerce and 
Energy, that maintaining the exclusion will undermine the objectives of 
the safeguard measure.

C. Withdrawal of the Bifacial Solar Panel Exclusion

    Based on an evaluation of the factors set out in the February 2018 
notice, and further consideration of the exclusion granted for bifacial 
solar panels in the June 2019 notice, the U.S. Trade Representative has 
determined after consultation with the Secretaries of Commerce and 
Energy to withdraw that exclusion.
    Accordingly, as set out in the Annex to this notice, USTR is 
modifying subdivision (c)(iii) of U.S. note 18 to subchapter III of 
chapter 99 of the HTSUS to remove subdivision (c)(iii)(15), which 
implements the exclusion of bifacial solar panels.

D. Technical Changes to the HTSUS

    It has come to the attention of USTR that certain technical 
clarifications to the Annex will facilitate administration of the 
safeguard measure. Presidential Proclamation 6969 of January 27, 1997 
(62 FR 4415) authorizes the U.S. Trade Representative to exercise the 
authority provided to the President under section 604 of the Trade Act 
of 1974 (19 U.S.C. 2483) to embody rectifications, technical or 
conforming changes, or similar modifications in the HTSUS. Pursuant to 
this delegated authority, the U.S. Trade Representative modifies the 
HTSUS to make the technical changes set out in the Annex to this 
notice.

Annex

    Effective with respect to articles entered for consumption, or 
withdrawn from a warehouse for consumption, on or after 12:01 a.m. 
eastern daylight time on October 28, 2019, U.S. note 18 to subchapter 
III of chapter 99 of the Harmonized Tariff Schedule of the United 
States (HTSUS) is modified by removing the following from subdivision 
(c)(iii):
    ``(15) bifacial solar panels that absorb light and generate 
electricity on each side of the panel and that consist of only bifacial 
solar cells that absorb light and generate electricity on each side of 
the cells;''
    U.S. note 18 to subchapter III of chapter 99 of the HTSUS is 
further modified by redesignating current subdivisions (c)(iii)(16) and 
(c)(iii)(17) as subdivisions (c)(iii)(15) and (c)(iii)(16), 
respectively.
    U.S. note 18 to subchapter III of chapter 99 of the HTSUS is 
further modified by striking from subdivision (c)(i) the HTSUS number 
``8541.40.6030'' and by inserting in lieu thereof ``8541.40.6025''.
    U.S. note 18 to subchapter III of chapter 99 of the HTSUS is 
further modified by striking from subdivision (g) of such note the 
HTSUS number ``8541.40.6020'' and by inserting in lieu thereof 
``8541.40.6015''.

Jeffrey Gerrish,
Deputy United States Trade Representative, Office of the U.S. Trade 
Representative.
[FR Doc. 2019-22074 Filed 10-8-19; 8:45 am]
BILLING CODE 3290-F0-P

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