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 Results of Antidumping Duty Administrative Review; Notice of Amended Final Results, 26902-26903 [2021-10439]

Download as PDF 26902 Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Notices on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in a letter or memorandum of the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimelyfiled requests for the extension of time limits. Parties should review Commerce’s regulations pertaining to the extension of time limits prior to submitting factual information in these investigations.46 Certification Requirements Any party submitting factual information in an AD or countervailing duty proceeding must certify to the accuracy and completeness of that information.47 Parties must use the certification formats provided in 19 CFR 351.303(g).48 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. Parties wishing to participate in these investigations should ensure that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing the required letter of appearance). Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.49 jbell on DSKJLSW7X2PROD with NOTICES 46 See Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http:// www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/201322853.htm. 47 See section 782(b) of the Act. 48 See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to frequently asked questions regarding the Final Rule are available at http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 49 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). VerDate Sep<11>2014 16:40 May 17, 2021 Jkt 253001 This notice is issued and published pursuant to sections 732(c)(2) and 777(i) of the Act, and 19 CFR 351.203(c). Dated: May 11, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Investigations The merchandise covered by these investigations is raw honey. Raw honey is honey as it exists in the beehive or as obtained by extraction, settling and skimming, or coarse straining. Raw honey has not been filtered to a level that results in the removal of most or all of the pollen, e.g., a level that removes pollen to below 25 microns. The subject products include all grades, floral sources and colors of raw honey and also include organic raw honey. Excluded from the scope is any honey that is packaged for retail sale (e.g., in bottles or other retail containers of five (5) lbs. or less). The merchandise subject to these investigations is currently classifiable under statistical subheading 0409.00.0005, 0409.00.0035, 0409.00.0045, 0409.00.0056, and 0409.00.0065 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these investigations is dispositive. [FR Doc. 2021–10440 Filed 5–17–21; 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 Not in Harmony With Final Results of Antidumping Duty Administrative Review; Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 5, 2021, the United States Court of International Trade (the Court) issued its final judgment in Risen Energy Co., Ltd. et al. v. United States, Consol. Court No. 19–00153, sustaining the Department of Commerce (Commerce)’s first remand redetermination pertaining to the 2016– AGENCY: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 2017 antidumping duty (AD) administrative review of crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the People’s Republic of China (China). Commerce is notifying the public that the Court’s final judgment in this litigation is not in harmony with Commerce’s final results in the 2016–2017 AD administrative review of solar cells from China, and that Commerce is amending the final results with respect to the mandatory respondent Risen Energy Co., Ltd. (Risen) and three non-individually examined companies. DATES: Applicable May 15, 2021. Jeff Pedersen, 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) 482–2769. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background On July 30, 2019, Commerce published its Final Results of the 2016– 2017 AD administrative review of solar cells from China.1 Risen appealed Commerce’s Final Results. On October 30, 2020, the Court remanded Commerce’s Final Results for Commerce to reconsider or further explain its application of partial adverse facts available (AFA) in valuing unreported factors of production (FOPs) for merchandise sourced from Risen’s unaffiliated suppliers, which were necessary for calculating Risen’s 2 dumping margin.3 1 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2016–2017, 84 FR 36886 (July 30, 2019) (AR5 Final Results), and accompanying Issues and Decision Memorandum. 2 Commerce has treated the following seven companies as a single entity: Risen Energy Co., Ltd.; Risen (Wuhai) New Energy Co., Ltd.; Zhejiang Twinsel Electronic Technology Co., Ltd.; Risen (Luoyang) New Energy Co., Ltd.; Jiujiang Shengchao Xinye Technology Co., Ltd.; Jiujiang Shengzhao Xinye Trade Co., Ltd. Ruichang Branch; and Risen Energy (Hong Kong) Co., Ltd. (collectively, Risen). See AR5 Final Results. 3 See Risen Energy Co., Ltd., et al. v. United States, 477 F. Supp. 3d 1331 (CIT 2020) (Risen I). E:\FR\FM\18MYN1.SGM 18MYN1 26903 Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Notices In its Remand Redetermination, pursuant to the Court’s holding in Risen I, Commerce determined, under respectful protest, to base Risen’s unreported FOP consumption on partial facts available rather than partial AFA.4 Specifically, Commerce based the unreported FOP consumption on the average of the consumption that was reported for certain of Risen’s FOPs.5 Commerce assigned the margin calculated for Risen to those respondents eligible for a separate rate and which participated in the litigation.6 On May 5, 2021, the Court sustained Commerce’s Remand Redetermination.7 Timken Notice In its decision in Timken,8 as clarified by Diamond Sawblades,9 the Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The Court’s May 5, 2021, judgment constitutes a final decision of the Court that is not in harmony with Commerce’s Final Results. Thus, this notice is published in fulfillment of the publication requirements of Timken. Amended Final Results Because there is now a final court decision, Commerce is amending its Final Results. The amended weightedaverage dumping margin for the respondents which participated in this litigation is as follows: Weightedaverage dumping margin (percent) Exporter Risen Energy Co., Ltd./Risen (Wuhai) New Energy Co., Ltd./Zhejiang Twinsel Electronic Technology Co., Ltd./Risen (Luoyang) New Energy Co., Ltd./Jiujiang Shengchao Xinye Technology Co., Ltd./Jiujiang Shengzhao Xinye Trade Co., Ltd. Ruichang Branch/ Risen Energy (Hong Kong) Co., Ltd ...................................................................................................................................................... Canadian Solar International Limited/Canadian Solar Manufacturing (Changshu), Inc./Canadian Solar Manufacturing (Luoyang), Inc./CSI Cells Co., Ltd./CSI–GCL Solar Manufacturing (YanCheng) Co., Ltd./CSI Solar Power (China) Inc ...................................... Shanghai BYD Co., Ltd ............................................................................................................................................................................. Yingli Energy (China) Company Limited/Baoding Tianwei Yingli New Energy Resources Co., Ltd./Tianjin Yingli New Energy Resources Co., Ltd./Hengshui Yingli New Energy Resources Co., Ltd./Lixian Yingli New Energy Resources Co., Ltd./Baoding Jiasheng Photovoltaic Technology Co., Ltd./Beijing Tianneng Yingli New Energy Resources Co., Ltd./Hainan Yingli New Energy Resources Co., Ltd./Shenzhen Yingli New Energy Resources Co., Ltd ............................................................................................... Because the cash deposit rates for all of the respondents listed above have a superseding cash deposit rate, i.e., there have been final results published in a subsequent administrative review, this notice does not affect the current cash deposit rates of these respondents and we will not issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP). jbell on DSKJLSW7X2PROD with NOTICES Liquidation of Suspended Entries At this time, Commerce remains enjoined by CIT order from liquidating entries that: Were exported by all of the respondents listed above and were entered, or withdrawn from warehouse, for consumption during the period December 1, 2016, through November 30, 2017. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. In the event the Court’s ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct CBP to assess antidumping duties on unliquidated entries of subject merchandise exported by all of the 4 See Final Results of Redetermination Pursuant to Court Order, Risen Energy Co., Ltd. et al. v. United States, Consol. Court No. 19–00153, Slip Op. 20–152 (February 10, 2021) at 4. 5 Id. at 6. 6 Id. at 7–8. VerDate Sep<11>2014 16:40 May 17, 2021 Jkt 253001 respondents listed above in accordance with 19 CFR 351.212(b). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importerspecific ad valorem assessment rate is not zero or de minimis. Where an import-specific ad valorem assessment rate is zero or de minimis,10 we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. Dated: May 12, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–10439 Filed 5–17–21; 8:45 am] BILLING CODE 3510–DS–P 7 See Risen Energy Co., Ltd., et al. v. United States, et al., Consol. Court No. 19–00153, Slip Op. 21–55 (Ct. Int’l Trade May 5, 2021). 8 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 3.63 3.30 3.30 3.30 DEPARTMENT OF COMMERCE International Trade Administration [C–533–876] Fine Denier Polyester Staple Fiber From India: Preliminary Results of Countervailing Duty Administrative Review; 2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that Reliance Industries Limited (Reliance), a producer/exporter of fine denier polyester staple fiber (fine denier PSF) from India, received countervailable subsidies that are above de minimis during the period of review, January 1, 2019, through December 31, 2019. DATES: Applicable May 18, 2021. FOR FURTHER INFORMATION CONTACT: Ariela Garvett, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 AGENCY: 9 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 10 See 19 CFR 351.106(c)(2). E:\FR\FM\18MYN1.SGM 18MYN1

Agencies

[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Notices]
[Pages 26902-26903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10439]


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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 Not in Harmony With Final Results of Antidumping Duty 
Administrative Review; Notice of Amended Final Results

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

SUMMARY: On May 5, 2021, the United States Court of International Trade 
(the Court) issued its final judgment in Risen Energy Co., Ltd. et al. 
v. United States, Consol. Court No. 19-00153, sustaining the Department 
of Commerce (Commerce)'s first remand redetermination pertaining to the 
2016-2017 antidumping duty (AD) administrative review of crystalline 
silicon photovoltaic cells, whether or not assembled into modules 
(solar cells), from the People's Republic of China (China). Commerce is 
notifying the public that the Court's final judgment in this litigation 
is not in harmony with Commerce's final results in the 2016-2017 AD 
administrative review of solar cells from China, and that Commerce is 
amending the final results with respect to the mandatory respondent 
Risen Energy Co., Ltd. (Risen) and three non-individually examined 
companies.

DATES: Applicable May 15, 2021.

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, 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) 482-2769.

SUPPLEMENTARY INFORMATION:

Background

    On July 30, 2019, Commerce published its Final Results of the 2016-
2017 AD administrative review of solar cells from China.\1\ Risen 
appealed Commerce's Final Results. On October 30, 2020, the Court 
remanded Commerce's Final Results for Commerce to reconsider or further 
explain its application of partial adverse facts available (AFA) in 
valuing unreported factors of production (FOPs) for merchandise sourced 
from Risen's unaffiliated suppliers, which were necessary for 
calculating Risen's \2\ dumping margin.\3\
---------------------------------------------------------------------------

    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2016-2017, 84 FR 36886 (July 30, 
2019) (AR5 Final Results), and accompanying Issues and Decision 
Memorandum.
    \2\ Commerce has treated the following seven companies as a 
single entity: Risen Energy Co., Ltd.; Risen (Wuhai) New Energy Co., 
Ltd.; Zhejiang Twinsel Electronic Technology Co., Ltd.; Risen 
(Luoyang) New Energy Co., Ltd.; Jiujiang Shengchao Xinye Technology 
Co., Ltd.; Jiujiang Shengzhao Xinye Trade Co., Ltd. Ruichang Branch; 
and Risen Energy (Hong Kong) Co., Ltd. (collectively, Risen). See 
AR5 Final Results.
    \3\ See Risen Energy Co., Ltd., et al. v. United States, 477 F. 
Supp. 3d 1331 (CIT 2020) (Risen I).

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[[Page 26903]]

    In its Remand Redetermination, pursuant to the Court's holding in 
Risen I, Commerce determined, under respectful protest, to base Risen's 
unreported FOP consumption on partial facts available rather than 
partial AFA.\4\ Specifically, Commerce based the unreported FOP 
consumption on the average of the consumption that was reported for 
certain of Risen's FOPs.\5\ Commerce assigned the margin calculated for 
Risen to those respondents eligible for a separate rate and which 
participated in the litigation.\6\ On May 5, 2021, the Court sustained 
Commerce's Remand Redetermination.\7\
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    \4\ See Final Results of Redetermination Pursuant to Court 
Order, Risen Energy Co., Ltd. et al. v. United States, Consol. Court 
No. 19-00153, Slip Op. 20-152 (February 10, 2021) at 4.
    \5\ Id. at 6.
    \6\ Id. at 7-8.
    \7\ See Risen Energy Co., Ltd., et al. v. United States, et al., 
Consol. Court No. 19-00153, Slip Op. 21-55 (Ct. Int'l Trade May 5, 
2021).
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Timken Notice

    In its decision in Timken,\8\ as clarified by Diamond Sawblades,\9\ 
the Court of Appeals for the Federal Circuit held that, pursuant to 
section 516A(c) and (e) of the Tariff Act of 1930, as amended (the 
Act), Commerce must publish a notice of court decision that is not ``in 
harmony'' with a Commerce determination and must suspend liquidation of 
entries pending a ``conclusive'' court decision. The Court's May 5, 
2021, judgment constitutes a final decision of the Court that is not in 
harmony with Commerce's Final Results. Thus, this notice is published 
in fulfillment of the publication requirements of Timken.
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    \8\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \9\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court decision, Commerce is amending 
its Final Results. The amended weighted-average dumping margin for the 
respondents which participated in this litigation is as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Risen Energy Co., Ltd./Risen (Wuhai) New Energy Co., Ltd./          3.63
 Zhejiang Twinsel Electronic Technology Co., Ltd./Risen
 (Luoyang) New Energy Co., Ltd./Jiujiang Shengchao Xinye
 Technology Co., Ltd./Jiujiang Shengzhao Xinye Trade Co.,
 Ltd. Ruichang Branch/Risen Energy (Hong Kong) Co., Ltd.....
Canadian Solar International Limited/Canadian Solar                 3.30
 Manufacturing (Changshu), Inc./Canadian Solar Manufacturing
 (Luoyang), Inc./CSI Cells Co., Ltd./CSI-GCL Solar
 Manufacturing (YanCheng) Co., Ltd./CSI Solar Power (China)
 Inc........................................................
Shanghai BYD Co., Ltd.......................................        3.30
Yingli Energy (China) Company Limited/Baoding Tianwei Yingli        3.30
 New Energy Resources Co., Ltd./Tianjin Yingli New Energy
 Resources Co., Ltd./Hengshui Yingli New Energy Resources
 Co., Ltd./Lixian Yingli New Energy Resources Co., Ltd./
 Baoding Jiasheng Photovoltaic Technology Co., Ltd./Beijing
 Tianneng Yingli New Energy Resources Co., Ltd./Hainan
 Yingli New Energy Resources Co., Ltd./Shenzhen Yingli New
 Energy Resources Co., Ltd..................................
------------------------------------------------------------------------

    Because the cash deposit rates for all of the respondents listed 
above have a superseding cash deposit rate, i.e., there have been final 
results published in a subsequent administrative review, this notice 
does not affect the current cash deposit rates of these respondents and 
we will not issue revised cash deposit instructions to U.S. Customs and 
Border Protection (CBP).

Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that: Were exported by all of the respondents 
listed above and were entered, or withdrawn from warehouse, for 
consumption during the period December 1, 2016, through November 30, 
2017. These entries will remain enjoined pursuant to the terms of the 
injunction during the pendency of any appeals process.
    In the event the Court's ruling is not appealed, or, if appealed, 
upheld by a final and conclusive court decision, Commerce intends to 
instruct CBP to assess antidumping duties on unliquidated entries of 
subject merchandise exported by all of the respondents listed above in 
accordance with 19 CFR 351.212(b). We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific ad valorem assessment rate is not zero or de 
minimis. Where an import-specific ad valorem assessment rate is zero or 
de minimis,\10\ we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties.
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    \10\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: May 12, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-10439 Filed 5-17-21; 8:45 am]
BILLING CODE 3510-DS-P