Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Notice of Court Decision, 71897-71898 [2019-28032]

Download as PDF Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Notices is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.12 Unless otherwise extended, Commerce intends to issue the final results of this administrative review, which will include the results of our analysis of all issues raised in the case briefs, within 120 days of publication of these preliminary results in the Federal Register, pursuant to section 751(a)(3)(A) of the Act. khammond on DSKJM1Z7X2PROD with NOTICES Assessment Rates Upon issuance of the final results of this review, Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise covered by this review.13 We intend to instruct CBP to liquidate entries containing subject merchandise exported by the companies under review that we determine in the final results to be part of the China-wide entity at the China-wide entity rate of 90.83 percent. Commerce intends to issue assessment instructions to CBP 15 days after the date of publication of this notice in the Federal Register.14 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this review for shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(2)(C) of the Act: (1) For companies that have a separate rate, the cash deposit rate will be that established in the final results of this review (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed Chinese and non-Chinese exporters that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the Chinawide entity (i.e., 90.83 percent); and (4) for all non-Chinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that non-Chinese 12 See 19 CFR 310(d). 19 CFR 351.212(b)(1). 14 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 13 See VerDate Sep<11>2014 20:00 Dec 27, 2019 Jkt 250001 exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a reminder to importers of their responsibility under 19 CFR 315.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213. Dated: December 19, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Recommendation [FR Doc. 2019–28033 Filed 12–27–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–979] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Notice of Court Decision Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On September 6, 2019, the Court of International Trade (CIT) entered its final judgment in Sumecht NA, Inc. v. United States, Court No. 17– 00244, finding that the United States Department of Commerce (Commerce) erred in setting the effective date of its Notice of Court Decision Not in Harmony with a Final Determination and Notice of Amendment Final Determination of Investigation Pursuant to Court Decision (Timken Notice) pertaining to the antidumping duty (AD) investigation of certain crystalline silicon photovoltaic cells, whether or not assembled into modules (certain AGENCY: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 71897 solar cells), from the People’s Republic of China (China). Pursuant to the CIT’s final judgment, the effective date of Commerce’s Timken Notice relative to certain entries of subject merchandise exported by Sumec Hardware Tools Co., Ltd.’s (Sumec Hardware) is November 23, 2015, which is the date of publication of the Timken Notice in the Federal Register. Accordingly, Commerce intends to instruct U.S. Customs and Border Protection (CBP) to liquidate entries of subject merchandise exported by Sumec Hardware and produced by Phono Solar Technology Co., Ltd., and imported by Sumecht NA, doing business as Sumec North America (Sumecht), which were entered, or withdrawn from warehouse, for consumption on or after October 15, 2015, which is ten days after the CIT’s decision, through November 22, 2015, which is the day before the date of publication of Commerce’s Timken Notice in the Federal Register, at the separate rate of 13.18 percent. DATES: Applicable December 30, 2019. FOR FURTHER INFORMATION CONTACT: Krisha Hill, 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) 482–4037. SUPPLEMENTARY INFORMATION: Background Commerce initiated an AD investigation of certain solar cells from China on November 16, 2011.1 In the investigation, Commerce assigned a separate AD rate of 24.48 percent to Sumec Hardware,2 and determined a China-wide rate of 249.96 percent for exporters that did not demonstrate eligibility for separate-rate status. Commerce amended the Final Determination on December 7, 2012, which it published along with the AD order. The U.S. domestic producers challenged the Final Determination before the CIT, including Sumec Hardware’s separate-rate status. The CIT 1 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Initiation of Antidumping Duty Investigation, 76 FR 70960 (November 16, 2011). 2 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, and Affirmative Final Determination of Critical Circumstances, in Part, 77 FR 63791 (October 17, 2012); see also 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 7,018 (December 7, 2012). E:\FR\FM\30DEN1.SGM 30DEN1 71898 Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Notices khammond on DSKJM1Z7X2PROD with NOTICES remanded the Final Determination, at Commerce’s request, to re-examine the separate rates assigned to four respondents, including Sumec Hardware.3 On remand, Commerce determined that Sumec Hardware did not meet the criteria for a separate rate and found it to be part of the Chinawide entity.4 While that litigation was pending before the CIT, in response to World Trade Organization (WTO) dispute settlement findings, and at the direction of the United States Trade Representative, Commerce implemented final determinations under Section 129 of the Uruguay Round Agreements Act (URAA) in several investigations, including the AD investigation of certain solar cells from China.5 Pursuant to the Section 129 Implementation, Commerce revised Sumec Hardware’s cash deposit rate to 13.18 percent for entries made on or after August 2, 2015, the effective date of the Section 129 Implementation. Commerce issued corresponding cash deposit instructions to CBP in October 2015. On October 5, 2015, the CIT issued a confidential opinion sustaining Commerce’s Remand Results in the Jiangsu Jiasheng litigation, including Commerce’s determination assigning Sumec Hardware the China-wide rate.6 Commerce published the Timken Notice following the final CIT judgment in Jiangsu Jiasheng III on November 23, 2015.7 In the amended final determination, Commerce set the cash deposit rate for Sumec Hardware, now part of the China-wide entity, at 238.95 percent.8 Commerce set the effective date for the Timken Notice as October 15, 2015, which was the tenth day after the CIT’s decision.9 3 Jiangsu Jiasheng Photovoltaic Tech. Co. v. United States, 28 F. Supp. 3d 1317, 1338–43 (Ct. Int’l Trade 2014) (Jiangsu Jiasheng). 4 See Final Results of Redetermination Pursuant to Court Order, Jiangsu Jiasheng Photovoltaic Technology Co., Ltd. v. United States, Consol. Court No. 13–00012 (April 20, 2015) (Remand Results). 5 See Implementation of Determinations Under Section 129 of the URAA, 80 FR 48812 (August 14, 2015) (Section 129 Implementation). 6 Jiangsu Jiasheng Photovoltaic Tech. Co. v. United States, 121 F. Supp. 3d 1263 (Ct. Int’l Trade 2015) (Jiangsu Jiasheng III). The CIT issued the public version of its decision on December 22, 2015. See the CIT’s website, ‘‘Slip Opinions—2015’’ (https://www.cit.uscourts.gov/SlipOpinions/ SlipOps-2015.html). 7 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Determination of Investigation and Notice of Amended Final Determination of Investigation Pursuant to Court Decision, 80 FR 72950 (November 23, 2015) (Timken Notice). 8 Id.; see also Section 129 Implementation, 80 FR at 48818. 9 Id.; see also section 516A(e) of the Tariff Act of 1930, as amended (the Act). VerDate Sep<11>2014 20:00 Dec 27, 2019 Jkt 250001 On December 30, 2015, in accordance with Jiangsu Jiasheng III and the associated Timken Notice, Commerce issued amended cash deposit instructions to CBP, notifying CBP that Sumec Hardware was no longer eligible for a separate rate. Commerce instructed CBP to collect cash deposits at the China-wide entity rate, 238.95 percent, for shipments of subject merchandise produced by Phono Solar Technology Co., Ltd. and exported by Sumec Hardware that entered, or were withdrawn from warehouse, for consumption on or after ‘‘10/15/2015,’’ the tenth day after the Court’s October 5, 2015 decision in Jiangsu Jiasheng III. On March 14, 2016, because no party requested a review of the China-wide entity or of Sumec Hardware for the period December 1, 2014 through November 30, 2015, Commerce issued automatic liquidation instructions to CBP. Commerce instructed CBP to liquidate entries during the specified period at the cash deposit in effect on the date of entry. For Sumec Hardware, this rate was 238.95 percent (i.e., the rate that resulted from this Court’s decision in Jiangsu Jiasheng III). On September 6, 2019, in a separate challenge—Sumecht NA, Inc. v. United States—the CIT held that Commerce erred in setting the effective date of the Timken Notice, amended cash deposit instructions, and automatic instructions to thirty-nine days before publication of the Timken Notice.10 The CIT directed Commerce to ‘‘reliquidate’’ Sumec Hardware’s entries in a manner consistent with its opinion.11 Implementation of Court Decision Consistent with the CIT’s final judgment in Sumecht, Commerce intends to instruct CBP to liquidate shipments of crystalline silicon photovoltaic cells, whether or not assembled into modules, from the China produced by Phono Solar Technology Co., Ltd., exported by Sumec Hardware Tools Co., Ltd., and imported by Sumecht NA, doing business as Sumec North America, which were entered, or withdrawn from warehouse, for consumption on or after October 15, 2015 through November 22, 2015, at the separate rate implemented with respect to the AD investigation, as revised by 10 Sumecht NA, Inc. v. United States, 399 F. Supp. 3d 1370, 1379 (Ct. Int’l Trade 2019) (Sumecht). 11 Id. CBP has not yet liquidated the affected entries. The liquidation of the entries has been enjoined as a result of an injunction that is in place with respect to litigation before the CIT involving a corresponding countervailing duty proceeding. See Sumec Hardware & Tools Co., Ltd. v. United States, Court No. 18–00186. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 the Section 129 Implementation, i.e., 13.18 percent. Dated: December 17, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–28032 Filed 12–27–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [Application No. 11–1A001] Export Trade Certificate of Review Notice of issuance of an amended Export Trade Certificate of Review to Latin American Multichannel Advertising Council, Inc. (‘‘LAMAC’’), Application No. 11–1A001. ACTION: The Secretary of Commerce, through the Office of Trade and Economic Analysis (‘‘OTEA’’), issued an amended Export Trade Certificate of Review Certificate to LAMAC on December 20, 2019. FOR FURTHER INFORMATION CONTACT: Joseph Flynn, Director, OTEA, International Trade Administration, by telephone at (202) 482–5131 (this is not a toll-free number) or email at etca@ trade.gov. SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. Sections 4001–21) (‘‘the Act’’) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from State and Federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. The regulations implementing Title III are found at 15 CFR part 325. OTEA is issuing this notice pursuant to 15 CFR 325.6(b), which requires the Secretary of Commerce to publish a summary of the certification in the Federal Register. Under Section 305(a) of the Act and 15 CFR 325.11(a), any person aggrieved by the Secretary’s determination may, within 30 days of the date of this notice, bring an action in any appropriate district court of the United States to set aside the determination on the ground that the determination is erroneous. SUMMARY: Description of Certified Conduct LAMAC’s Export Trade Certificate of Review was amended as follows: E:\FR\FM\30DEN1.SGM 30DEN1

Agencies

[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Notices]
[Pages 71897-71898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28032]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-979]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Notice of Court 
Decision

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 6, 2019, the Court of International Trade (CIT) 
entered its final judgment in Sumecht NA, Inc. v. United States, Court 
No. 17-00244, finding that the United States Department of Commerce 
(Commerce) erred in setting the effective date of its Notice of Court 
Decision Not in Harmony with a Final Determination and Notice of 
Amendment Final Determination of Investigation Pursuant to Court 
Decision (Timken Notice) pertaining to the antidumping duty (AD) 
investigation of certain crystalline silicon photovoltaic cells, 
whether or not assembled into modules (certain solar cells), from the 
People's Republic of China (China). Pursuant to the CIT's final 
judgment, the effective date of Commerce's Timken Notice relative to 
certain entries of subject merchandise exported by Sumec Hardware Tools 
Co., Ltd.'s (Sumec Hardware) is November 23, 2015, which is the date of 
publication of the Timken Notice in the Federal Register. Accordingly, 
Commerce intends to instruct U.S. Customs and Border Protection (CBP) 
to liquidate entries of subject merchandise exported by Sumec Hardware 
and produced by Phono Solar Technology Co., Ltd., and imported by 
Sumecht NA, doing business as Sumec North America (Sumecht), which were 
entered, or withdrawn from warehouse, for consumption on or after 
October 15, 2015, which is ten days after the CIT's decision, through 
November 22, 2015, which is the day before the date of publication of 
Commerce's Timken Notice in the Federal Register, at the separate rate 
of 13.18 percent.

DATES: Applicable December 30, 2019.

FOR FURTHER INFORMATION CONTACT: Krisha Hill, 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) 482-4037.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce initiated an AD investigation of certain solar cells from 
China on November 16, 2011.\1\ In the investigation, Commerce assigned 
a separate AD rate of 24.48 percent to Sumec Hardware,\2\ and 
determined a China-wide rate of 249.96 percent for exporters that did 
not demonstrate eligibility for separate-rate status. Commerce amended 
the Final Determination on December 7, 2012, which it published along 
with the AD order.
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    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, From the People's Republic of China: 
Initiation of Antidumping Duty Investigation, 76 FR 70960 (November 
16, 2011).
    \2\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value, and Affirmative 
Final Determination of Critical Circumstances, in Part, 77 FR 63791 
(October 17, 2012); see also 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 7,018 (December 7, 2012).
---------------------------------------------------------------------------

    The U.S. domestic producers challenged the Final Determination 
before the CIT, including Sumec Hardware's separate-rate status. The 
CIT

[[Page 71898]]

remanded the Final Determination, at Commerce's request, to re-examine 
the separate rates assigned to four respondents, including Sumec 
Hardware.\3\ On remand, Commerce determined that Sumec Hardware did not 
meet the criteria for a separate rate and found it to be part of the 
China-wide entity.\4\
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    \3\ Jiangsu Jiasheng Photovoltaic Tech. Co. v. United States, 28 
F. Supp. 3d 1317, 1338-43 (Ct. Int'l Trade 2014) (Jiangsu Jiasheng).
    \4\ See Final Results of Redetermination Pursuant to Court 
Order, Jiangsu Jiasheng Photovoltaic Technology Co., Ltd. v. United 
States, Consol. Court No. 13-00012 (April 20, 2015) (Remand 
Results).
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    While that litigation was pending before the CIT, in response to 
World Trade Organization (WTO) dispute settlement findings, and at the 
direction of the United States Trade Representative, Commerce 
implemented final determinations under Section 129 of the Uruguay Round 
Agreements Act (URAA) in several investigations, including the AD 
investigation of certain solar cells from China.\5\ Pursuant to the 
Section 129 Implementation, Commerce revised Sumec Hardware's cash 
deposit rate to 13.18 percent for entries made on or after August 2, 
2015, the effective date of the Section 129 Implementation. Commerce 
issued corresponding cash deposit instructions to CBP in October 2015.
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    \5\ See Implementation of Determinations Under Section 129 of 
the URAA, 80 FR 48812 (August 14, 2015) (Section 129 
Implementation).
---------------------------------------------------------------------------

    On October 5, 2015, the CIT issued a confidential opinion 
sustaining Commerce's Remand Results in the Jiangsu Jiasheng 
litigation, including Commerce's determination assigning Sumec Hardware 
the China-wide rate.\6\ Commerce published the Timken Notice following 
the final CIT judgment in Jiangsu Jiasheng III on November 23, 2015.\7\ 
In the amended final determination, Commerce set the cash deposit rate 
for Sumec Hardware, now part of the China-wide entity, at 238.95 
percent.\8\ Commerce set the effective date for the Timken Notice as 
October 15, 2015, which was the tenth day after the CIT's decision.\9\
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    \6\ Jiangsu Jiasheng Photovoltaic Tech. Co. v. United States, 
121 F. Supp. 3d 1263 (Ct. Int'l Trade 2015) (Jiangsu Jiasheng III). 
The CIT issued the public version of its decision on December 22, 
2015. See the CIT's website, ``Slip Opinions--2015'' (https://www.cit.uscourts.gov/SlipOpinions/SlipOps-2015.html).
    \7\ Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, From the People's Republic of China: Notice 
of Court Decision Not in Harmony With Final Determination of 
Investigation and Notice of Amended Final Determination of 
Investigation Pursuant to Court Decision, 80 FR 72950 (November 23, 
2015) (Timken Notice).
    \8\ Id.; see also Section 129 Implementation, 80 FR at 48818.
    \9\ Id.; see also section 516A(e) of the Tariff Act of 1930, as 
amended (the Act).
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    On December 30, 2015, in accordance with Jiangsu Jiasheng III and 
the associated Timken Notice, Commerce issued amended cash deposit 
instructions to CBP, notifying CBP that Sumec Hardware was no longer 
eligible for a separate rate. Commerce instructed CBP to collect cash 
deposits at the China-wide entity rate, 238.95 percent, for shipments 
of subject merchandise produced by Phono Solar Technology Co., Ltd. and 
exported by Sumec Hardware that entered, or were withdrawn from 
warehouse, for consumption on or after ``10/15/2015,'' the tenth day 
after the Court's October 5, 2015 decision in Jiangsu Jiasheng III.
    On March 14, 2016, because no party requested a review of the 
China-wide entity or of Sumec Hardware for the period December 1, 2014 
through November 30, 2015, Commerce issued automatic liquidation 
instructions to CBP. Commerce instructed CBP to liquidate entries 
during the specified period at the cash deposit in effect on the date 
of entry. For Sumec Hardware, this rate was 238.95 percent (i.e., the 
rate that resulted from this Court's decision in Jiangsu Jiasheng III).
    On September 6, 2019, in a separate challenge--Sumecht NA, Inc. v. 
United States--the CIT held that Commerce erred in setting the 
effective date of the Timken Notice, amended cash deposit instructions, 
and automatic instructions to thirty-nine days before publication of 
the Timken Notice.\10\ The CIT directed Commerce to ``reliquidate'' 
Sumec Hardware's entries in a manner consistent with its opinion.\11\
---------------------------------------------------------------------------

    \10\ Sumecht NA, Inc. v. United States, 399 F. Supp. 3d 1370, 
1379 (Ct. Int'l Trade 2019) (Sumecht).
    \11\ Id. CBP has not yet liquidated the affected entries. The 
liquidation of the entries has been enjoined as a result of an 
injunction that is in place with respect to litigation before the 
CIT involving a corresponding countervailing duty proceeding. See 
Sumec Hardware & Tools Co., Ltd. v. United States, Court No. 18-
00186.
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Implementation of Court Decision

    Consistent with the CIT's final judgment in Sumecht, Commerce 
intends to instruct CBP to liquidate shipments of crystalline silicon 
photovoltaic cells, whether or not assembled into modules, from the 
China produced by Phono Solar Technology Co., Ltd., exported by Sumec 
Hardware Tools Co., Ltd., and imported by Sumecht NA, doing business as 
Sumec North America, which were entered, or withdrawn from warehouse, 
for consumption on or after October 15, 2015 through November 22, 2015, 
at the separate rate implemented with respect to the AD investigation, 
as revised by the Section 129 Implementation, i.e., 13.18 percent.

    Dated: December 17, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-28032 Filed 12-27-19; 8:45 am]
BILLING CODE 3510-DS-P