Crystalline Silicon Photovoltaic Products From the People's Republic of China and Taiwan: Continuation of Antidumping and Countervailing Duty Orders on China and the Antidumping Duty Order on Taiwan, 56215-56216 [2020-20076]

Download as PDF Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices November 1, 2018 through October 31, 2019, based on the timely withdrawal of the request for review. DATES: Applicable September 11, 2020. FOR FURTHER INFORMATION CONTACT: Paola Aleman Ordaz, 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) 482–4031. SUPPLEMENTARY INFORMATION: Background On November 1, 2019, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the Order for the POR.1 In accordance with section 751(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), on November 27, 2019, Mitsubishi Polyester Film, Inc. and SKC, Inc. (collectively, petitioners) timely requested a review of the Order with respect to four companies.2 On January 17, 2020, in accordance with section 751(a) of the Act and 19 CFR 351.221(c)(1)(i), Commerce initiated an administrative review of the Order with respect to the four companies named by the petitioners.3 On February 10, 2020, the petitioners timely withdrew their November 27, 2019 review request for all four companies.4 Rescission of Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party that requested the review withdraws its request within 90 days of the publication date of the notice of initiation of the requested review. The petitioners withdrew their requests for review within the 90-day deadline. Because Commerce received 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 84 FR 58690 (November 1, 2019); and Polyethylene Terephthalate Film, Sheet, and Strip from Brazil, the People’s Republic of China and the United Arab Emirates: Antidumping Duty Orders and Amended Final Determination of Sales at Less Than Fair Value for the United Arab Emirates, 73 FR 66595 (November 10, 2008) (Order). 2 See Petitioners’ Letter, ‘‘Polyethylene Terephthalate Film, Sheet, and Strip from the People’s Republic of China: Request for Antidumping Duty Administrative Review,’’ dated November 27, 2019. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 3014 (January 17, 2020). 4 See Petitioners’ Letter ‘‘Polyethylene Terephthalate Film, Sheet, and Strip from the People’s Republic of China: Withdrawal of Request for Antidumping Duty Administrative Review,’’ dated February 10, 2020. VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 no other requests for review, we are rescinding the administrative review of the Order on PET film from China covering the November 1, 2018 through October 31, 2019 POR, in full, in accordance with 19 CFR 351.213(d)(1). Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess AD duties on all appropriate entries of PET film from China during the period November 1, 2018, through October 31, 2019, at rates equal to the cash deposit rate for estimated AD duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions to CBP 15 days after the date of publication of this notice in the Federal Register. Notification to Importers This notice serves as the only reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of AD duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the presumption that reimbursement of AD duties occurred and the subsequent assessment of doubled AD duties. Notification Regarding Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(d)(4). Dated: August 3, 2020. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2020–20075 Filed 9–10–20; 8:45 am] DEPARTMENT OF COMMERCE International Trade Administration [A–570–010, A–583–853, C–570–011] Crystalline Silicon Photovoltaic Products From the People’s Republic of China and Taiwan: Continuation of Antidumping and Countervailing Duty Orders on China and the Antidumping Duty Order on Taiwan Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on crystalline silicon photovoltaic products from the People’s Republic of China (China) and revocation of the AD order on crystalline silicon photovoltaic products from Taiwan would likely lead to a continuation or recurrence of dumping and countervailable subsidies, as applicable, and material injury to an industry in the United States within a reasonably foreseeable time, Commerce is publishing a notice of continuation of these AD and CVD orders. DATES: Applicable September 11, 2020. FOR FURTHER INFORMATION CONTACT: Abdul Alnoor or Eva Kim, 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) 482–4554 or (202) 482–8283, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On February 18, 2015, Commerce published in the Federal Register the AD and CVD orders on crystalline silicon photovoltaic products from China and the AD order on crystalline silicon photovoltaic products from Taiwan.1 On January 2, 2020, the ITC instituted and Commerce initiated the first sunset reviews of the Orders pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 1 See Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China: Antidumping Duty Order; and Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 80 FR 8592 (February 18, 2015); and Certain Crystalline Silicon Photovoltaic Products from Taiwan: Antidumping Duty Order, 80 FR 8596 (February 18, 2015) (collectively, Orders). 2 See Initiation of Five-Year (Sunset) Reviews, 85 FR 67 (January 2, 2020); see also Certain Crystalline Continued BILLING CODE 3510–DS–P PO 00000 Frm 00004 Fmt 4703 56215 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56216 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices Commerce conducted these sunset reviews on an expedited basis, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2) because it received timely and adequate notices of intent to participate in the sunset reviews and substantive responses from domestic interested parties,3 but no substantive responses from respondent interested parties. As a result of its reviews, Commerce determined, pursuant to sections 751(c)(1) and 752(b) and (c) of the Act, that revocation of the Orders would likely lead to continuation or recurrence of a countervailable subsidy and dumping, as applicable. Commerce also notified the ITC of the magnitude of the subsidy rates and dumping margins likely to prevail should the Orders be revoked.4 On September 4, the ITC published its determination, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the Orders would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.5 Scope of the Orders The merchandise covered by these Orders is crystalline silicon photovoltaic products from China and Taiwan. Merchandise covered by the Orders 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, 8541.40.60.15, 8541.40.6020, 8541.40.6030, 8541.40.60.35 and Silicon Photovoltaic Products from China and Taiwan; Institution of Five-Year Reviews, 85 FR 120 (January 2, 2020). 3 See Domestic Interested Parties’ Letters, ‘‘Crystalline Silicon Photovoltaic Products from China and Taiwan: Intent to Participate in Sunset Reviews,’’ dated January 13, 2020; ‘‘Crystalline Silicon Photovoltaic Products from People Republic of China and Taiwan: Hanwha Q CELLS USA, Inc.’s Notice of Intent to Participate in Sunset Reviews,’’ dated January 17, 2020; ‘‘Crystalline Silicon Photovoltaic Products from China and Taiwan Sunset Reviews: Substantive Response of SPMOR,’’ dated February 3, 2020; and ‘‘Certain Crystalline Silicon Photovoltaic Products from China and Taiwan, Inv. Nos. 701–TA–511 and 731–TA–1246 and 1247 (1st Sunset Review); Hanwha Q CELLS USA, Inc.’s Substantive Response,’’ dated February 3, 2020. 4 See Crystalline Silicon Photovoltaic Products from the People’s Republic of China and Taiwan: Final Results of the Expedited First Sunset Reviews of the Antidumping Duty Orders, 85 FR 26938 (May 6, 2020); and Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China: Final Results of the Expedited Sunset Review of the Countervailing Duty Order, 85 FR 26929 (May 6, 2020) (collectively, Final Results). 5 See Crystalline Silicon Photovoltaic Products from China and Taiwan: Sunset Review, Investigation Nos. 701–TA–511 and 731–TA–1246– 1247, 85 FR 55319 (September 4, 2020). VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of the Orders is dispositive.6 Continuation of the Orders As a result of the determinations by Commerce and the ITC that revocation of the Orders would likely lead to continuation or recurrence of a countervailable subsidy and dumping, as applicable, and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the AD and CVD orders on crystalline silicon photovoltaic products from China and the AD order on crystalline silicon photovoltaic products from Taiwan. U.S. Customs and Border Protection will continue to collect AD and CVD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next sunset review of the Orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. Notification to Interested Parties These five-year sunset reviews and this notice are in accordance with sections 751(c) and 751(d)(2) of the Act and this notice is published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: September 4, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–20076 Filed 9–10–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–128] Mattresses From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: 6 For a complete description of the scope of the Orders, see Final Results. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of mattresses from the People’s Republic of China. The period of investigation is January 1, 2019 through December 31, 2019. Interested parties are invited to comment on this preliminary determination. SUMMARY: DATES: Applicable September 11, 2020. FOR FURTHER INFORMATION CONTACT: Theodore Pearson or Mary Kolberg, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2631 or (202) 482–1785, respectively. SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on April 24, 2020.1 On June 10, 2020, Commerce postponed the preliminary determination of this investigation to August 28, 2020. For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.2 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The products covered by this investigation are mattresses from the People’s Republic of China. For a complete description of the scope of this investigation, see Appendix I. 1 See Mattresses from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 85 FR 22998 (April 24, 2020) (Initiation Notice). 2 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination of the Countervailing Duty Investigation of Mattresses from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\11SEN1.SGM 11SEN1

Agencies

[Federal Register Volume 85, Number 177 (Friday, September 11, 2020)]
[Notices]
[Pages 56215-56216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20076]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-010, A-583-853, C-570-011]


Crystalline Silicon Photovoltaic Products From the People's 
Republic of China and Taiwan: Continuation of Antidumping and 
Countervailing Duty Orders on China and the Antidumping Duty Order on 
Taiwan

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of determinations by the Department of Commerce 
(Commerce) and the International Trade Commission (ITC) that revocation 
of the antidumping duty (AD) and countervailing duty (CVD) orders on 
crystalline silicon photovoltaic products from the People's Republic of 
China (China) and revocation of the AD order on crystalline silicon 
photovoltaic products from Taiwan would likely lead to a continuation 
or recurrence of dumping and countervailable subsidies, as applicable, 
and material injury to an industry in the United States within a 
reasonably foreseeable time, Commerce is publishing a notice of 
continuation of these AD and CVD orders.

DATES: Applicable September 11, 2020.

FOR FURTHER INFORMATION CONTACT: Abdul Alnoor or Eva Kim, 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) 482-4554 or (202) 482-8283, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 18, 2015, Commerce published in the Federal Register 
the AD and CVD orders on crystalline silicon photovoltaic products from 
China and the AD order on crystalline silicon photovoltaic products 
from Taiwan.\1\ On January 2, 2020, the ITC instituted and Commerce 
initiated the first sunset reviews of the Orders pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act).\2\

[[Page 56216]]

Commerce conducted these sunset reviews on an expedited basis, pursuant 
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2) 
because it received timely and adequate notices of intent to 
participate in the sunset reviews and substantive responses from 
domestic interested parties,\3\ but no substantive responses from 
respondent interested parties. As a result of its reviews, Commerce 
determined, pursuant to sections 751(c)(1) and 752(b) and (c) of the 
Act, that revocation of the Orders would likely lead to continuation or 
recurrence of a countervailable subsidy and dumping, as applicable. 
Commerce also notified the ITC of the magnitude of the subsidy rates 
and dumping margins likely to prevail should the Orders be revoked.\4\ 
On September 4, the ITC published its determination, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would be likely to lead to continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time.\5\
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    \1\ See Certain Crystalline Silicon Photovoltaic Products from 
the People's Republic of China: Antidumping Duty Order; and Amended 
Final Affirmative Countervailing Duty Determination and 
Countervailing Duty Order, 80 FR 8592 (February 18, 2015); and 
Certain Crystalline Silicon Photovoltaic Products from Taiwan: 
Antidumping Duty Order, 80 FR 8596 (February 18, 2015) 
(collectively, Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 67 
(January 2, 2020); see also Certain Crystalline Silicon Photovoltaic 
Products from China and Taiwan; Institution of Five-Year Reviews, 85 
FR 120 (January 2, 2020).
    \3\ See Domestic Interested Parties' Letters, ``Crystalline 
Silicon Photovoltaic Products from China and Taiwan: Intent to 
Participate in Sunset Reviews,'' dated January 13, 2020; 
``Crystalline Silicon Photovoltaic Products from People Republic of 
China and Taiwan: Hanwha Q CELLS USA, Inc.'s Notice of Intent to 
Participate in Sunset Reviews,'' dated January 17, 2020; 
``Crystalline Silicon Photovoltaic Products from China and Taiwan 
Sunset Reviews: Substantive Response of SPMOR,'' dated February 3, 
2020; and ``Certain Crystalline Silicon Photovoltaic Products from 
China and Taiwan, Inv. Nos. 701-TA-511 and 731-TA-1246 and 1247 (1st 
Sunset Review); Hanwha Q CELLS USA, Inc.'s Substantive Response,'' 
dated February 3, 2020.
    \4\ See Crystalline Silicon Photovoltaic Products from the 
People's Republic of China and Taiwan: Final Results of the 
Expedited First Sunset Reviews of the Antidumping Duty Orders, 85 FR 
26938 (May 6, 2020); and Certain Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: Final Results of the 
Expedited Sunset Review of the Countervailing Duty Order, 85 FR 
26929 (May 6, 2020) (collectively, Final Results).
    \5\ See Crystalline Silicon Photovoltaic Products from China and 
Taiwan: Sunset Review, Investigation Nos. 701-TA-511 and 731-TA-
1246-1247, 85 FR 55319 (September 4, 2020).
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Scope of the Orders

    The merchandise covered by these Orders is crystalline silicon 
photovoltaic products from China and Taiwan. Merchandise covered by the 
Orders 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, 8541.40.60.15, 8541.40.6020, 
8541.40.6030, 8541.40.60.35 and 8501.31.8000. These HTSUS subheadings 
are provided for convenience and customs purposes; the written 
description of the scope of the Orders is dispositive.\6\
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    \6\ For a complete description of the scope of the Orders, see 
Final Results.
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Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to continuation or 
recurrence of a countervailable subsidy and dumping, as applicable, and 
material injury to an industry in the United States, pursuant to 
section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby 
orders the continuation of the AD and CVD orders on crystalline silicon 
photovoltaic products from China and the AD order on crystalline 
silicon photovoltaic products from Taiwan. U.S. Customs and Border 
Protection will continue to collect AD and CVD cash deposits at the 
rates in effect at the time of entry for all imports of subject 
merchandise. The effective date of the continuation of the Orders will 
be the date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next sunset review of 
the Orders not later than 30 days prior to the fifth anniversary of the 
effective date of continuation.

Notification to Interested Parties

    These five-year sunset reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and this notice is 
published pursuant to section 777(i)(1) of the Act and 19 CFR 
351.218(f)(4).

    Dated: September 4, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-20076 Filed 9-10-20; 8:45 am]
BILLING CODE 3510-DS-P

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