Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Notice of Amended Final Results of Countervailing Duty Administrative Review; 2019, 50069-50071 [2022-17470]
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Federal Register / Vol. 87, No. 156 / Monday, August 15, 2022 / Notices
contact the Regional Programs
Coordination Unit at the above phone
number.
Agenda
I. Welcoming Remarks
II. Panelist Presentations and Committee
Q&A
III. Public Comment
IV. Closing Remarks
V. Adjournment
Dated: August 9, 2022.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
notice in the Federal Register inviting
public comment (87 FR 23165, April 19,
2022). On August 10, 2022, the
applicant was notified of the FTZ
Board’s decision that no further review
of the activity is warranted at this time.
The production activity described in the
notification was authorized, subject to
the FTZ Act and the FTZ Board’s
regulations, including Section 400.14.
Dated: August 10, 2022.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2022–17413 Filed 8–12–22; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
DEPARTMENT OF COMMERCE
COMMISSION ON CIVIL RIGHTS
International Trade Administration
Notice of Public Meeting of the Florida
Advisory Committee; Cancellation
Commission on Civil Rights.
Notice; cancellation of web
briefing.
AGENCY:
ACTION:
Dated: August 9, 2022.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2022–17439 Filed 8–12–22; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–15–2022]
Foreign-Trade Zone (FTZ) 148—
Knoxville, Tennessee, Authorization of
Production Activity CoLinx, LLC
(Spherical Roller Bearing Kits),
Crossville, Tennessee
On April 12, 2022, CoLinx, LLC
submitted a notification of proposed
production activity to the FTZ Board for
its facility within FTZ 148, in
Crossville, Tennessee.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
17:24 Aug 12, 2022
Jkt 256001
North American Free Trade Agreement
(NAFTA), Article 1904; Binational Panel
Review: Notice of Completion of Panel
Review
[C–570–980]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Notice of Amended Final
Results of Countervailing Duty
Administrative Review; 2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is amending the
final results of the administrative review
of the countervailing duty (CVD) order
SUMMARY: In accordance with Rules 78
on crystalline silicon photovoltaic cells,
and 80 of the NAFTA Rules of
whether or not assembled into modules
Procedure for Article 1904 Binational
(solar cells), from the People’s Republic
Panel Reviews, the Panel Review of
of China (China), covering the period of
Light-Walled Rectangular Pipe and Tube review (POR) January 1, 2019, through
from Mexico: Final Results of
December 31, 2019, to correct
Antidumping Duty Administrative
ministerial errors.
Review; 2016–2017 (Secretariat File
DATES: Applicable August 15, 2022.
Number: USA–MEX–2019–1904–01)
FOR FURTHER INFORMATION CONTACT:
was completed and the panelists were
Robert Copyak, AD/CVD Operations,
discharged from their duties effective
Office VII, Enforcement and
August 9, 2022.
Compliance, International Trade
FOR FURTHER INFORMATION CONTACT:
Administration, U.S. Department of
Vidya Desai, United States Secretary,
Commerce, 1401 Constitution Avenue
NAFTA Secretariat, Room 2061, 1401
NW, Washington, DC 20230; telephone:
Constitution Avenue NW, Washington,
(202) 482–3642.
DC 20230, 202–482–5438.
SUPPLEMENTARY
INFORMATION:
SUPPLEMENTARY INFORMATION: Article
1904 of NAFTA provides a dispute
Background
settlement mechanism for binational
Commerce issued the Final Results of
panel reviews of trade remedy
this review on June 29, 2022.1 On July
determinations issued by the
6, 2022, we received ministerial error
Government of the United States, the
comments from the American Alliance
Government of Canada, and the
for Solar Manufacturing (the Alliance),2
Government of Mexico. On June 27,
a domestic interested party, and JA
2022, the Binational Panel issued a
Solar Technology Yangzhou Co., Ltd.
Final Decision and Order affirming the
(JA Solar), one of the two mandatory
U.S. Department of Commerce’s
determination. The Notice of Final
1 See Crystalline Silicon Photovoltaic Cells,
Panel Action was then issued the
Whether or Not Assembled into Modules, from the
eleventh day thereafter on July 8, 2022.
People’s Republic of China: Final Results and
Partial Rescission of Countervailing Duty
Accordingly, the Notice of Completion
Administrative Review; 2019, 87 FR 40491 (July 7,
of Panel Review is being issued
2022) (Final Results), and accompanying Issues and
pursuant to Rule 80 of the NAFTA Rules Decision Memorandum (IDM).
of Procedure for Article 1904 Binational
2 See the Alliance’s Letter, ‘‘Ministerial Error
Allegations,’’ dated July 6, 2022.
Panel Reviews. For the complete
United States Section, NAFTA
Secretariat, International Trade
Administration, Department of
Commerce.
ACTION: Notice of completion of panel
review.
AGENCY:
The Commission on Civil
Rights published a notice in the Federal
Register concerning a briefing of the
Florida Advisory Committee. The
briefing scheduled for Wednesday,
August 24, 2022, at 3:00 p.m. ET is
cancelled. The notice is in the Federal
Register of Monday, August 1, 2022, in
FR Doc. 2022–16357, in the third
column of page 46937 and the first
column of page 46938.
FOR FURTHER INFORMATION CONTACT:
Melissa Wojnaroski, DFO, at
mwojnaroski@usccr.gov or (202) 618–
4158.
SUMMARY:
khammond on DSKJM1Z7X2PROD with NOTICES
Dated: August 9, 2022.
Vidya Desai,
U.S. Secretary, NAFTA Secretariat.
BILLING CODE 3510–DS–P
BILLING CODE P
VerDate Sep<11>2014
NAFTA Rules of Procedure for Article
1904 Binational Panel Reviews, please
see https://can-mex-usa-sec.org/
secretariat/agreement-accord-acuerdo/
nafta-alena-tlcan/rules-regles-reglas/
index.aspx?lang=eng.
BILLING CODE 3510–GT–P
[FR Doc. 2022–17505 Filed 8–12–22; 8:45 am]
[FR Doc. 2022–17438 Filed 8–12–22; 8:45 am]
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AGENCY:
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50070
Federal Register / Vol. 87, No. 156 / Monday, August 15, 2022 / Notices
respondents in this administrative
review.3 On July 11, 2022, we received
rebuttal comments from JA Solar.4 We
are amending the Final Results to
correct three ministerial errors raised by
the Alliance and JA Solar.
Legal Framework
A ministerial error, as defined in
section 751(h) of the Tariff Act of 1930,
as amended (the Act), includes ‘‘errors
in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
administering authority considers
ministerial.’’ 5 With respect to final
results of administrative reviews, 19
CFR 351.224(e) provides that Commerce
‘‘will analyze any comments received
and if appropriate, correct any
ministerial error by amending . . . the
final results of review . . . .’’
khammond on DSKJM1Z7X2PROD with NOTICES
Ministerial Errors
Commerce determines that, in
accordance with section 751(h) of the
Act and 19 CFR 351.224(f), it made the
following ministerial errors in the Final
Results: (1) used an incorrect formula to
calculate the benefit from Risen’s use of
the Provision of Solar Glass for Less
Than Adequate Remuneration program;
(2) used an incorrect allocated benefit
amount to calculate the program rate for
Risen’s use of the Special Reward Fund
program; and (3) did not revise the
calculations of the sales denominators
for certain JA Solar companies to
exclude inter-company sales to crossowned producers. Pursuant to 19 CFR
351.224(e), Commerce is amending the
Final Results to reflect the corrections of
these ministerial errors in the
calculation of the countervailable
subsidy rates, which change from 18.58
percent ad valorem to 18.55 percent ad
valorem for JA Solar,6 and from 12.92
percent ad valorem to 13.18 percent ad
valorem for Risen.7 For a detailed
discussion of Commerce’s analysis, see
the Ministerial Error Allegations
Memorandum.8 As a result of these
3 See JA Solar’s Letter, ‘‘Ministerial Error
Comments,’’ dated July 6, 2022. The second
mandatory respondent in this administrative review
is Risen Energy Co. Ltd. (Risen).
4 See JA Solar’s Letter, ‘‘Rebuttal Ministerial Error
Comments,’’ dated July 6, 2022.
5 See 19 CFR 351.224(f).
6 See Memorandum, ‘‘Allegations of Ministerial
Errors the Final Results,’’ dated concurrently with,
and hereby adopted by, this notice (Ministerial
Error Allegations Memorandum); see also
Memorandum, ‘‘JA Solar’s Amended Final
Calculations,’’ dated concurrently with this notice.
7 See Ministerial Error Allegations Memorandum;
see also Memorandum, ‘‘Risen’s Amended Final
Calculations,’’ dated concurrently with this notice.
8 See Ministerial Error Allegations Memorandum.
VerDate Sep<11>2014
17:24 Aug 12, 2022
Jkt 256001
changes, the rate for the 12 companies
not selected for individual examination
in this review, which is the simple
average of JA Solar and Risen’s
amended final ad valorem rates,
changes from 15.75 percent ad valorem
to 15.87 percent ad valorem.9
Disclosure
Amended Final Results of Review
As a result of correcting the
ministerial errors described above,
Commerce determines the following net
countervailable subsidy rates for the
POR, January 1, 2019, through
December 31, 2019:
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
Commerce shall determine and U.S.
Customs and Border Protections (CBP)
shall assess, CVDs on all appropriate
entries of subject merchandise in
accordance with the amended final
results of this review.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of these amended final
results of this review in the Federal
Register. However, JA Solar and Risen
each have filed a summons at the U.S.
Court of International Trade challenging
the original Final Results. Therefore, our
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication of this
notice).
Subsidy rate
(percent ad
valorem)
Producer/exporter
JA Solar Technology Yangzhou
Co., Ltd. (JA Solar) 10 ..................
Risen Energy Co., Ltd 11 .................
Non-Selected Companies 12 ............
9 Id.
18.55
13.18
15.87
at 6.
Solar is cross-owned with the following 34
companies: (1) Shanghai JA Solar Technology Co.,
Ltd.; (2) JA (Hefei) Renewable Energy Co., Ltd.; (3)
Hefei JA Solar Technology Co., Ltd.; (4) JA Solar
Investment China Co., Ltd.; (5) Jing Hai Yang
Semiconductor Material (Donghai) Co., Ltd.; (6)
Donghai JingAo Solar Energy Science and
Technology Co., Ltd. (JA Donghai); (7) Solar Silicon
Valley Electronic Science and Technology Co., Ltd.;
(8) Beijing Jinfeng Investment Co., Ltd.; (9) JingAo
Solar Co., Ltd.; (10) Ningjin Songgong Electronic
Materials Co., Ltd.; (11) Jinglong Industry and
Commerce Group Co., Ltd.; (12) Ningjin County
Jingyuan New Energy Investment Co., Ltd.; (13)
Hebei Jinglong New Materials Technology Group
Co., Ltd.; (14) Hebei Jinglong Sun Equipment Co.
Ltd.; (15) Hebei Jingle Optoelectronic Technology
Co., Ltd.; (16) Ningjin Jingxing Electronic Material
Co., Ltd.; (17) Ningjin Saimei Ganglong Electronic
Materials Co., Ltd.; (18) Hebei Ningtong Electronic
Materials Co., Ltd.; (19) JA Solar (Xingtai) Co., Ltd.;
(20) Xingtai Jinglong Electronic Material Co., Ltd.;
(21) Xingtai Jinglong PV Materials Co., Ltd.; (22) JA
PV Technology Co., Ltd.; (23) Ningjin Jinglong PV
Industry Investment Co., Ltd.; (24) Baotou JA Solar
Technology Co., Ltd.; (25) Xingtai Jinglong New
Energy Co., Ltd.; (26) Ningjin County Jing Tai Fu
Technology Co., Ltd.; (27) JA Solar Technology Co.,
Ltd.; (28) Jinglong Technology Holdings Co., Ltd.;
(29) Ningjin Guiguang Electronics Investment Co.,
Ltd.; (30) Ningjin Longxin Investment Co., Ltd.; (31)
Beijing JA Solar PV Technology Co., Ltd.; (32) Solar
Silicon Peak Electronic Science and Technology
Co., Ltd.; (33) Jingwei Electronic Materials Co., Ltd.;
and (34) Taicang Juren PV Material Co., Ltd. See the
Final Results IDM at 9–10.
11 Risen is cross-owned with the following 12
companies: (1) Risen (Luoyang) New Energy Co.,
Ltd.; (2) Risen (Wuhai) New Energy Co., Ltd.; (3)
Risen Energy (Changzhou) Co., Ltd.; (4) Risen
Energy (Yiwu) Co., Ltd.; (5) Zhejiang Boxin
Investment Co., Ltd.; (6) Zhejiang Twinsel
Electronic Technology Co., Ltd. (7) JiuJiang
Shengchao Xinye Technology Co., Ltd. (including
JiuJang Shengshao Xinye Technology Co., Ltd.
Ruichang Branch); (8) Jiangsu Sveck New Material
Co., Ltd.; (9) Changzhou Sveck Photovoltaic New
Material Co., Ltd.; (including Changzhou Sveck
Photovoltaic New Material Co., Ltd. Jintan Danfeng
Road Branch); (10) Changzhou Sveck New Material
Technology Co., Ltd. (including Changzhou Sveck
Photovoltaic New Material Co., Ltd. Jintan Danfeng
Road Branch); (11) Ninghai Risen Energy Power
Development Co., Ltd.; and (12) Risen (Ningbo)
Electric Power Development Co., Ltd. See the Final
Results IDM at 10–11.
10 JA
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We intend to disclose the calculations
performed for these amended final
results in accordance with 19 CFR
351.224(b).
Assessment Rates
Cash Deposit Requirements
In accordance with section
751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash
deposits of estimated countervailing
duties in the amounts shown for the
companies subject to this review. For all
non-reviewed companies, we will
instruct CBP to continue to collect cash
deposits of estimated countervailing
duties at the most recent companyspecific or all-others rate applicable to
the company, as appropriate. These cash
deposits, effective upon publication of
these amended final results, shall
remain in effect until further notice.
Administrative Protective Order
This notice serves as a final reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of 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.
12 See the appendix of this notice for a list of all
companies that remain under review but were not
selected for individual examination and to which
Commerce has assigned the non-selected
companies’ rate.
E:\FR\FM\15AUN1.SGM
15AUN1
Federal Register / Vol. 87, No. 156 / Monday, August 15, 2022 / Notices
Notification to Interested Parties
We are issuing and publishing these
amended final results of review in
accordance with sections 751(h) and
777(i) of the Act and 19 CFR 351.224(e).
Dated: August 8, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Non-Selected Companies Under Review
1. Canadian Solar International Limited
2. Canadian Solar Manufacturing (Changshu)
Inc.
3. Canadian Solar Manufacturing (Luoyang)
Inc.
4. Chint Solar (Zhejiang) Co., Ltd.
5. CSI Cells Co., Ltd.
6. CSI–GCL Solar Manufacturing (Yancheng)
Co., Ltd.
7. Hengdian Group DMEGC Magnetics Co.,
Ltd.
8. Jinko Solar Co., Ltd.
9. Jinko Solar Import and Export Co., Ltd.
10. LONGi Solar Technology Co., Ltd.
11. Suntech Power Co., Ltd.
12. Yingli Energy (China) Co., Ltd
[FR Doc. 2022–17470 Filed 8–12–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC192]
Magnuson-Stevens Act Provisions;
General Provisions for Domestic
Fisheries; Application for Exempted
Fishing Permits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
The Assistant Regional
Administrator for Sustainable Fisheries,
Greater Atlantic Region, NMFS, has
made a preliminary determination that
an Exempted Fishing Permit application
submitted by the Gulf of Maine
Research Institute contains all of the
required information and warrants
further consideration. Regulations under
the Magnuson-Stevens Fishery
Conservation and Management Act
require publication of this notification
to provide interested parties the
opportunity to comment on applications
for proposed Exempted Fishing Permits.
DATES: Comments must be received on
or before August 30, 2022.
ADDRESSES: You may submit written
comments by the following method:
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:24 Aug 12, 2022
Jkt 256001
• Email: nmfs.gar.efp@noaa.gov.
Include in the subject line ‘‘GMRI
Third-Party DSM Pilot EFP.’’
FOR FURTHER INFORMATION CONTACT:
Claire Fitz-Gerald, Fishery Policy
Analyst, claire.fitz-gerald@noaa.gov,
(978) 281–9255.
SUPPLEMENTARY INFORMATION: The Gulf
of Maine Research Institute (GMRI)
submitted a complete application for an
Exempted Fishing Permit (EFP) to pilot
a third-party dockside monitoring
(DSM) program in support of maximized
retention electronic monitoring (MREM)
for the Northeast multispecies fishery.
The groundfish sector MREM program
currently operates under an EFP and
NMFS administers an accompanying
DSM program to collect catch
information. MREM will be
implemented in regulation as part of
Amendment 23 to the Northeast
Multispecies Fishery Management Plan
during fishing year 2022. Measures
implementing Amendment 23 were
published in a proposed rule on
February 28, 2022 (87 FR 11014).
Amendment 23 was approved on behalf
of the Secretary of Commerce on April
12, 2022; it will be implemented
through a final rule in 2022, although
the timing is uncertain. Amendment 23
aims to improve the reliability and
accountability of catch reporting in the
commercial groundfish fishery.
NMFS will continue to administer the
DSM program while we finalize
program standards and requirements,
after which we will transition the
program in an industry-funded model
and sectors will contract directly with
third-party providers for DSM services.
GMRI intends to support this transition
by administering a DSM pilot program
with contracted third-party providers to
achieve two main objectives: To provide
increased DSM capacity; and explore
innovative alternatives to the existing
DSM program. If approved, this EFP
would exempt participants from the
MREM DSM regulation included in the
Amendment 23 proposed rule at 50 CFR
648.11(l)(10)(i)(D). The EFP would
exempt vessels in the MREM program
from the requirement to participate in
either an independent third-party DSM
program approved by NMFS or the DSM
program operated by NMFS. We intend
to align issuance of this EFP, if
approved, with the implementation of
Amendment 23. Given this, we are
notifying the public of our intent to
issue the EFP and soliciting comments
now even though we have yet to publish
the final rule with implementing
regulations for Amendment 23.
Under the EFP, GMRI and its
contracted third-party providers would
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50071
provide additional DSM capacity for
fishing year 2022 by overseeing some
offloads for MREM vessels. GMRI and
its contracted third-party providers
would coordinate with the Northeast
Fisheries Science Center (NEFSC) to
deploy DSM services as needed, and
would collect data required under the
MREM program. In particular, the DSM
program is responsible for: Verifying
that the fish hold is empty after offload;
independently recording dealerreported weights; and collecting
biosamples with an emphasis on sublegal groundfish. GMRI and its
contracted third-party providers would
give the information collected to NEFSC
for data entry and quality assurance and
control.
The DSM pilot program would also
explore innovative alternatives to
existing protocols to collect catch
information, and provide support to
sectors, fishermen, and dealers. For
example, innovations may include, but
are not limited to, alternative program
designs (e.g., subsampling) and
technological solutions to data
collection. GMRI would work with
NMFS to identify innovations suitable
for exploration and testing. The ultimate
objective of the EFP would be to
develop cost-effective and efficient DSM
protocols to meet program standards
and requirements that work across a
variety of fishing and offload strategies.
The third-party DSM EFP would start
when Amendment 23 is implemented
and would operate through the
remainder of fishing year 2022 (i.e.,
until April 30, 2023). NMFS expects
approximately 12 vessels to enroll in
MREM during fishing year 2022.
Participating vessels would land at the
following ports, although this list may
change if new vessels join the program:
Portland ME, Gloucester MA, Boston
MA, and New Bedford MA.
Cumulatively, MREM vessels are
expected to take 250–300 trips. GMRI
would work closely with NMFS to
deploy DSM staff to vessels and ensure
full DSM coverage in accordance with
program requirements. All other
regulations and conditions would still
apply, including adherence to vessels’
approved sector operations plans, EM
plans, and vessel monitoring plans.
If approved, the applicant may
request minor modifications and
extensions to the EFP throughout the
year as well as modifications resulting
from changes to the regulations for the
DSM program included in the
Amendment 23 final rule. EFP
modifications and extensions may be
granted without further notice if they
are deemed essential to facilitate
completion of the proposed research
E:\FR\FM\15AUN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 156 (Monday, August 15, 2022)]
[Notices]
[Pages 50069-50071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17470]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-980]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Notice of Amended
Final Results of Countervailing Duty Administrative Review; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending the
final results of the administrative review of the countervailing duty
(CVD) order on crystalline silicon photovoltaic cells, whether or not
assembled into modules (solar cells), from the People's Republic of
China (China), covering the period of review (POR) January 1, 2019,
through December 31, 2019, to correct ministerial errors.
DATES: Applicable August 15, 2022.
FOR FURTHER INFORMATION CONTACT: Robert Copyak, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3642.
SUPPLEMENTARY INFORMATION:
Background
Commerce issued the Final Results of this review on June 29,
2022.\1\ On July 6, 2022, we received ministerial error comments from
the American Alliance for Solar Manufacturing (the Alliance),\2\ a
domestic interested party, and JA Solar Technology Yangzhou Co., Ltd.
(JA Solar), one of the two mandatory
[[Page 50070]]
respondents in this administrative review.\3\ On July 11, 2022, we
received rebuttal comments from JA Solar.\4\ We are amending the Final
Results to correct three ministerial errors raised by the Alliance and
JA Solar.
---------------------------------------------------------------------------
\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People's Republic of China: Final
Results and Partial Rescission of Countervailing Duty Administrative
Review; 2019, 87 FR 40491 (July 7, 2022) (Final Results), and
accompanying Issues and Decision Memorandum (IDM).
\2\ See the Alliance's Letter, ``Ministerial Error
Allegations,'' dated July 6, 2022.
\3\ See JA Solar's Letter, ``Ministerial Error Comments,'' dated
July 6, 2022. The second mandatory respondent in this administrative
review is Risen Energy Co. Ltd. (Risen).
\4\ See JA Solar's Letter, ``Rebuttal Ministerial Error
Comments,'' dated July 6, 2022.
---------------------------------------------------------------------------
Legal Framework
A ministerial error, as defined in section 751(h) of the Tariff Act
of 1930, as amended (the Act), includes ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which the administering authority considers
ministerial.'' \5\ With respect to final results of administrative
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and if appropriate, correct any ministerial error by
amending . . . the final results of review . . . .''
---------------------------------------------------------------------------
\5\ See 19 CFR 351.224(f).
---------------------------------------------------------------------------
Ministerial Errors
Commerce determines that, in accordance with section 751(h) of the
Act and 19 CFR 351.224(f), it made the following ministerial errors in
the Final Results: (1) used an incorrect formula to calculate the
benefit from Risen's use of the Provision of Solar Glass for Less Than
Adequate Remuneration program; (2) used an incorrect allocated benefit
amount to calculate the program rate for Risen's use of the Special
Reward Fund program; and (3) did not revise the calculations of the
sales denominators for certain JA Solar companies to exclude inter-
company sales to cross-owned producers. Pursuant to 19 CFR 351.224(e),
Commerce is amending the Final Results to reflect the corrections of
these ministerial errors in the calculation of the countervailable
subsidy rates, which change from 18.58 percent ad valorem to 18.55
percent ad valorem for JA Solar,\6\ and from 12.92 percent ad valorem
to 13.18 percent ad valorem for Risen.\7\ For a detailed discussion of
Commerce's analysis, see the Ministerial Error Allegations
Memorandum.\8\ As a result of these changes, the rate for the 12
companies not selected for individual examination in this review, which
is the simple average of JA Solar and Risen's amended final ad valorem
rates, changes from 15.75 percent ad valorem to 15.87 percent ad
valorem.\9\
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\6\ See Memorandum, ``Allegations of Ministerial Errors the
Final Results,'' dated concurrently with, and hereby adopted by,
this notice (Ministerial Error Allegations Memorandum); see also
Memorandum, ``JA Solar's Amended Final Calculations,'' dated
concurrently with this notice.
\7\ See Ministerial Error Allegations Memorandum; see also
Memorandum, ``Risen's Amended Final Calculations,'' dated
concurrently with this notice.
\8\ See Ministerial Error Allegations Memorandum.
\9\ Id. at 6.
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Amended Final Results of Review
As a result of correcting the ministerial errors described above,
Commerce determines the following net countervailable subsidy rates for
the POR, January 1, 2019, through December 31, 2019:
---------------------------------------------------------------------------
\10\ JA Solar is cross-owned with the following 34 companies:
(1) Shanghai JA Solar Technology Co., Ltd.; (2) JA (Hefei) Renewable
Energy Co., Ltd.; (3) Hefei JA Solar Technology Co., Ltd.; (4) JA
Solar Investment China Co., Ltd.; (5) Jing Hai Yang Semiconductor
Material (Donghai) Co., Ltd.; (6) Donghai JingAo Solar Energy
Science and Technology Co., Ltd. (JA Donghai); (7) Solar Silicon
Valley Electronic Science and Technology Co., Ltd.; (8) Beijing
Jinfeng Investment Co., Ltd.; (9) JingAo Solar Co., Ltd.; (10)
Ningjin Songgong Electronic Materials Co., Ltd.; (11) Jinglong
Industry and Commerce Group Co., Ltd.; (12) Ningjin County Jingyuan
New Energy Investment Co., Ltd.; (13) Hebei Jinglong New Materials
Technology Group Co., Ltd.; (14) Hebei Jinglong Sun Equipment Co.
Ltd.; (15) Hebei Jingle Optoelectronic Technology Co., Ltd.; (16)
Ningjin Jingxing Electronic Material Co., Ltd.; (17) Ningjin Saimei
Ganglong Electronic Materials Co., Ltd.; (18) Hebei Ningtong
Electronic Materials Co., Ltd.; (19) JA Solar (Xingtai) Co., Ltd.;
(20) Xingtai Jinglong Electronic Material Co., Ltd.; (21) Xingtai
Jinglong PV Materials Co., Ltd.; (22) JA PV Technology Co., Ltd.;
(23) Ningjin Jinglong PV Industry Investment Co., Ltd.; (24) Baotou
JA Solar Technology Co., Ltd.; (25) Xingtai Jinglong New Energy Co.,
Ltd.; (26) Ningjin County Jing Tai Fu Technology Co., Ltd.; (27) JA
Solar Technology Co., Ltd.; (28) Jinglong Technology Holdings Co.,
Ltd.; (29) Ningjin Guiguang Electronics Investment Co., Ltd.; (30)
Ningjin Longxin Investment Co., Ltd.; (31) Beijing JA Solar PV
Technology Co., Ltd.; (32) Solar Silicon Peak Electronic Science and
Technology Co., Ltd.; (33) Jingwei Electronic Materials Co., Ltd.;
and (34) Taicang Juren PV Material Co., Ltd. See the Final Results
IDM at 9-10.
\11\ Risen is cross-owned with the following 12 companies: (1)
Risen (Luoyang) New Energy Co., Ltd.; (2) Risen (Wuhai) New Energy
Co., Ltd.; (3) Risen Energy (Changzhou) Co., Ltd.; (4) Risen Energy
(Yiwu) Co., Ltd.; (5) Zhejiang Boxin Investment Co., Ltd.; (6)
Zhejiang Twinsel Electronic Technology Co., Ltd. (7) JiuJiang
Shengchao Xinye Technology Co., Ltd. (including JiuJang Shengshao
Xinye Technology Co., Ltd. Ruichang Branch); (8) Jiangsu Sveck New
Material Co., Ltd.; (9) Changzhou Sveck Photovoltaic New Material
Co., Ltd.; (including Changzhou Sveck Photovoltaic New Material Co.,
Ltd. Jintan Danfeng Road Branch); (10) Changzhou Sveck New Material
Technology Co., Ltd. (including Changzhou Sveck Photovoltaic New
Material Co., Ltd. Jintan Danfeng Road Branch); (11) Ninghai Risen
Energy Power Development Co., Ltd.; and (12) Risen (Ningbo) Electric
Power Development Co., Ltd. See the Final Results IDM at 10-11.
------------------------------------------------------------------------
Subsidy rate
Producer/exporter (percent ad
valorem)
------------------------------------------------------------------------
JA Solar Technology Yangzhou Co., Ltd. (JA Solar) \10\.. 18.55
Risen Energy Co., Ltd \11\.............................. 13.18
Non-Selected Companies \12\............................. 15.87
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\12\ See the appendix of this notice for a list of all companies
that remain under review but were not selected for individual
examination and to which Commerce has assigned the non-selected
companies' rate.
---------------------------------------------------------------------------
We intend to disclose the calculations performed for these amended
final results in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce shall determine and U.S. Customs and Border
Protections (CBP) shall assess, CVDs on all appropriate entries of
subject merchandise in accordance with the amended final results of
this review.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of these amended final
results of this review in the Federal Register. However, JA Solar and
Risen each have filed a summons at the U.S. Court of International
Trade challenging the original Final Results. Therefore, our assessment
instructions will direct CBP not to liquidate relevant entries until
the time for parties to file a request for a statutory injunction has
expired (i.e., within 90 days of publication of this notice).
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for the companies subject to
this review. For all non-reviewed companies, we will instruct CBP to
continue to collect cash deposits of estimated countervailing duties at
the most recent company-specific or all-others rate applicable to the
company, as appropriate. These cash deposits, effective upon
publication of these amended final results, shall remain in effect
until further notice.
Administrative Protective Order
This notice serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of 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.
[[Page 50071]]
Notification to Interested Parties
We are issuing and publishing these amended final results of review
in accordance with sections 751(h) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: August 8, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Non-Selected Companies Under Review
1. Canadian Solar International Limited
2. Canadian Solar Manufacturing (Changshu) Inc.
3. Canadian Solar Manufacturing (Luoyang) Inc.
4. Chint Solar (Zhejiang) Co., Ltd.
5. CSI Cells Co., Ltd.
6. CSI-GCL Solar Manufacturing (Yancheng) Co., Ltd.
7. Hengdian Group DMEGC Magnetics Co., Ltd.
8. Jinko Solar Co., Ltd.
9. Jinko Solar Import and Export Co., Ltd.
10. LONGi Solar Technology Co., Ltd.
11. Suntech Power Co., Ltd.
12. Yingli Energy (China) Co., Ltd
[FR Doc. 2022-17470 Filed 8-12-22; 8:45 am]
BILLING CODE 3510-DS-P
