Certain Crystalline Silicon Photovoltaic Products From Taiwan: Notice of Court Decision Not in Harmony With the Final Results in the Antidumping Duty Administrative Review; Notice of Amended Final Results, 17520-17521 [2023-06093]

Download as PDF 17520 Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Notices the comments must be received within 30 days following the meeting. Written comments may be emailed to David Barreras at dbarreras@usccr.gov. Persons who desire additional information may contact the Regional Programs Coordination Unit at (202) 656–8937. Records generated from this meeting may be inspected and reproduced at the Regional Programs Coordination Unit Office, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Nevada Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission’s website, https://www.usccr.gov, or may contact the Regional Programs Coordination Unit at the above phone number. Agenda I. Welcome & Roll Call II. Panelists Remarks III. Committee Q&A IV. Public Comment V. Adjournment Dated: March 19, 2023. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2023–05942 Filed 3–22–23; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–583–853] Certain Crystalline Silicon Photovoltaic Products From Taiwan: Notice of Court Decision Not in Harmony With the Final Results in the Antidumping Duty Administrative Review; Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 10, 2023, the U.S. Court of International Trade (CIT) ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: issued its final judgment in JA Solar International Limited and JA Solar USA Inc. v. United States, Court No. 21– 00514, sustaining the U.S. Department of Commerce’s (Commerce) remand results pertaining to the fifth administrative review of the antidumping duty order on crystalline silicon photovoltaic products (solar products) from Taiwan covering the period of review (POR), February 1, 2019, through January 31, 2020. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s final results in the administrative review and that Commerce is amending the final results. with respect to dumping margins assigned to Inventec Solar Energy Corporation (ISEC) and E–TON Solar Tech Co., Ltd. (E–TON). DATES: Applicable March 20, 2023. FOR FURTHER INFORMATION CONTACT: Thomas Martin, 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) 482–3936. SUPPLEMENTARY INFORMATION: Background On September 3, 2021, Commerce published the final results of the antidumping administrative review on solar products from Taiwan, covering the period February 1, 2019, through January 31, 2020.1 JA Solar International Limited and JA Solar USA Inc., (together, JA Solar) appealed Commerce’s Final Results to the CIT. On December 19, 2022, the CIT remanded the Final Results to Commerce to reconsider: (1) its determination that ISEC lacked actual knowledge of the U.S. destination of certain sales, based on the parties’ change to the final contract language in light of record evidence suggesting that before the adoption of the final contract, sales were made with an express understanding that the final destination was the United States; (2) the reasonableness of its inference that ISEC lacked actual knowledge of the U.S. destination at the adoption of the final contract because the contract price did not change; and (3) whether ISEC had reason to know of the U.S. destination (i.e., ‘‘constructive knowledge’’) should Commerce continue to find lack of actual knowledge for any of the sales at issue. In its final remand redetermination, issued on March 2, 2023, Commerce determined: (1) to include ISEC’s sales to JA Solar in our analysis of ISEC’s U.S. sales; (2) to recalculate ISEC’s weightedaverage dumping margin for the 2019– 2020 review period; and (3) to calculate an assessment rate applicable to solar products imports by JA Solar into the United States produced by ISEC.2 As a result, Commerce calculated a revised weighted-average dumping margin for ISEC and E–TON of 7.42 percent and assigned an importer-specific assessment rate to JA Solar. On March 10, 2023, the CIT sustained Commerce’s remand redetermination.3 Timken Notice In its decision in Timken,4 as clarified by Diamond Sawblades,5 the U.S. 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 a court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s March 10, 2023, judgment in this case constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Results. This notice is published in fulfillment of the publication requirements of Timken. Amended Final Results Because there is now a final court judgment, Commerce is amending its Final Results with respect to ISEC and E–TON as follows: Exporter/producer Weighted-average dumping margin (percent) Inventec Solar Energy Corporation and E–TON Solar Tech Co., Ltd ...................................................................................... 7.42 1 See Certain Crystalline Silicon Photovoltaic Products from Taiwan: Final Results of Antidumping Duty Administrative Review; Partial Rescission of Antidumping Duty Administrative Review; Final Determination of No Shipments; 2019–2020, 86 FR 49509 (September 3, 2021) (Final Results), and accompanying Issues and Decision Memorandum (IDM). VerDate Sep<11>2014 19:23 Mar 22, 2023 Jkt 259001 2 See Final Results of Redetermination Pursuant to Court Remand, JA Solar International Limited and JA Solar USA Inc. v. United States, Court No. 21–00514 (CIT 2022), dated March 2, 2023. 3 See JA Solar International Limited and JA Solar USA Inc. v. United States, Slip Op. 23–30, Court No. 21–00514 (CIT 2023). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 4 See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). 5 See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). E:\FR\FM\23MRN1.SGM 23MRN1 17521 Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Notices Cash Deposit Requirements DEPARTMENT OF COMMERCE Commerce will issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP) for ISEC. In the Final Results, Commerce determined to treat ISEC and E–TON as a single entity for the purposes of this administrative review, in accordance with 19 CFR 351.401(f).6 However, the cash deposit will remain specific to ISEC, given the fact that E–TON ceased to exist during the POR.7 International Trade Administration Liquidation of Suspended Entries At this time, Commerce remains enjoined by the CIT order from liquidating entries that were produced and/or exported by ISEC and E–TON, and imported by JA Solar, that were entered, or withdrawn from warehouse, for consumption during the period February 1, 2019, through January 31, 2020. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. In the event that the CIT’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 produced and/or exported by ISEC and E–TON, and imported by JA Solar, 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 importer-specific ad valorem assessment rate is zero or de minimis,8 we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. [A–823–815] Oil Country Tubular Goods From Ukraine: Final Results of Antidumping Duty Administrative Review; 2020– 2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that oil country tubular goods (OCTG) from Ukraine were sold at prices below normal value during the period of review (POR) July 1, 2020, through June 30, 2021. DATES: Applicable March 23, 2023. FOR FURTHER INFORMATION CONTACT: Toni Page, 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) 482–1398. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 19, 2022, Commerce published the Preliminary Results of this administrative review.1 Interpipe,2 the sole mandatory respondent, was the only interested party to comment on the Preliminary Results. For a description of the events since the Preliminary Results, as well as a full discussion of the issues raised by parties for these final results, see the Issues and Decision Memorandum.3 Commerce conducted this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Order 4 Scope of the The products covered by the Order are OCTG from Ukraine. For a full 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: March 17, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. ddrumheller on DSK120RN23PROD with NOTICES1 [FR Doc. 2023–06093 Filed 3–21–23; 4:15 pm] BILLING CODE 3510–DS–P 6 See Final Results IDM at Comment 3. 7 Id. 8 See 19 CFR 351.106(c)(2). VerDate Sep<11>2014 19:23 Mar 22, 2023 Jkt 259001 1 See Oil Country Tubular Goods from Ukraine: Preliminary Results of Antidumping Duty Administrative Review; 2020–2021, 87 FR 57176 (September 19, 2022) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 Commerce has previously determined that Interpipe Europe S.A.; Interpipe Ukraine LLC; PJSC Interpipe Niznedneprovsky Tube Rolling Plant; and LLC Interpipe Niko Tube are affiliated and treated as a single entity (i.e., Interpipe). See Preliminary Results PDM at ‘‘Summary.’’ 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review: Oil Country Tubular Goods from Ukraine, 2019–2020,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Termination of the Suspension Agreement on Certain Oil Country Tubular Goods from Ukraine, Rescission of Administrative Review, and Issuance of Antidumping Duty Order, 84 FR 33918 (July 16, 2019) (Order). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 description of the scope, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in Interpipe’s case brief are addressed in the Issues and Decision Memorandum. A list of these issues is attached as an appendix to this notice. The Issues and 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. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Changes Since the Preliminary Results Based on our analysis of the comments received from Interpipe regarding our Preliminary Results, we made certain changes to the calculation of the weighted-average dumping margin for Interpipe in these final results.5 Final Results of Review We have calculated the following weighted-average dumping margin for Interpipe for the period July 1, 2020, through June 30, 2021: Exporter or producer Interpipe Europe S.A./Interpipe Ukraine LLC/PJSC Interpipe Niznedneprovsky Tube Rolling Plant/LLC Interpipe Niko Tube Weightedaverage dumping margin (percent) 1.55 Disclosure We intend to disclose the calculations performed for these final results within five days of the date of publication of this notice in the Federal Register, 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 has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review.6 For 5 See Issues and Decision Memorandum. Antidumping Proceeding: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012). 6 See E:\FR\FM\23MRN1.SGM 23MRN1

Agencies

[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Notices]
[Pages 17520-17521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06093]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-853]


Certain Crystalline Silicon Photovoltaic Products From Taiwan: 
Notice of Court Decision Not in Harmony With the Final Results in the 
Antidumping Duty Administrative Review; Notice of Amended Final Results

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 10, 2023, the U.S. Court of International Trade (CIT) 
issued its final judgment in JA Solar International Limited and JA 
Solar USA Inc. v. United States, Court No. 21-00514, sustaining the 
U.S. Department of Commerce's (Commerce) remand results pertaining to 
the fifth administrative review of the antidumping duty order on 
crystalline silicon photovoltaic products (solar products) from Taiwan 
covering the period of review (POR), February 1, 2019, through January 
31, 2020. Commerce is notifying the public that the CIT's final 
judgment is not in harmony with Commerce's final results in the 
administrative review and that Commerce is amending the final results. 
with respect to dumping margins assigned to Inventec Solar Energy 
Corporation (ISEC) and E-TON Solar Tech Co., Ltd. (E-TON).

DATES: Applicable March 20, 2023.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, 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) 482-3936.

SUPPLEMENTARY INFORMATION:

Background

    On September 3, 2021, Commerce published the final results of the 
antidumping administrative review on solar products from Taiwan, 
covering the period February 1, 2019, through January 31, 2020.\1\
---------------------------------------------------------------------------

    \1\ See Certain Crystalline Silicon Photovoltaic Products from 
Taiwan: Final Results of Antidumping Duty Administrative Review; 
Partial Rescission of Antidumping Duty Administrative Review; Final 
Determination of No Shipments; 2019-2020, 86 FR 49509 (September 3, 
2021) (Final Results), and accompanying Issues and Decision 
Memorandum (IDM).
---------------------------------------------------------------------------

    JA Solar International Limited and JA Solar USA Inc., (together, JA 
Solar) appealed Commerce's Final Results to the CIT. On December 19, 
2022, the CIT remanded the Final Results to Commerce to reconsider: (1) 
its determination that ISEC lacked actual knowledge of the U.S. 
destination of certain sales, based on the parties' change to the final 
contract language in light of record evidence suggesting that before 
the adoption of the final contract, sales were made with an express 
understanding that the final destination was the United States; (2) the 
reasonableness of its inference that ISEC lacked actual knowledge of 
the U.S. destination at the adoption of the final contract because the 
contract price did not change; and (3) whether ISEC had reason to know 
of the U.S. destination (i.e., ``constructive knowledge'') should 
Commerce continue to find lack of actual knowledge for any of the sales 
at issue.
    In its final remand redetermination, issued on March 2, 2023, 
Commerce determined: (1) to include ISEC's sales to JA Solar in our 
analysis of ISEC's U.S. sales; (2) to recalculate ISEC's weighted-
average dumping margin for the 2019-2020 review period; and (3) to 
calculate an assessment rate applicable to solar products imports by JA 
Solar into the United States produced by ISEC.\2\ As a result, Commerce 
calculated a revised weighted-average dumping margin for ISEC and E-TON 
of 7.42 percent and assigned an importer-specific assessment rate to JA 
Solar. On March 10, 2023, the CIT sustained Commerce's remand 
redetermination.\3\
---------------------------------------------------------------------------

    \2\ See Final Results of Redetermination Pursuant to Court 
Remand, JA Solar International Limited and JA Solar USA Inc. v. 
United States, Court No. 21-00514 (CIT 2022), dated March 2, 2023.
    \3\ See JA Solar International Limited and JA Solar USA Inc. v. 
United States, Slip Op. 23-30, Court No. 21-00514 (CIT 2023).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\4\ as clarified by Diamond Sawblades,\5\ 
the U.S. 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 a court decision that is not 
``in harmony'' with a Commerce determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision. The 
CIT's March 10, 2023, judgment in this case constitutes a final 
decision of the CIT that is not in harmony with Commerce's Final 
Results. This notice is published in fulfillment of the publication 
requirements of Timken.
---------------------------------------------------------------------------

    \4\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \5\ See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d 
1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Results

    Because there is now a final court judgment, Commerce is amending 
its Final Results with respect to ISEC and E-TON as follows:

------------------------------------------------------------------------
                                                      Weighted-average
                 Exporter/producer                     dumping margin
                                                          (percent)
------------------------------------------------------------------------
Inventec Solar Energy Corporation and E-TON Solar                  7.42
 Tech Co., Ltd....................................
------------------------------------------------------------------------


[[Page 17521]]

Cash Deposit Requirements

    Commerce will issue revised cash deposit instructions to U.S. 
Customs and Border Protection (CBP) for ISEC. In the Final Results, 
Commerce determined to treat ISEC and E-TON as a single entity for the 
purposes of this administrative review, in accordance with 19 CFR 
351.401(f).\6\ However, the cash deposit will remain specific to ISEC, 
given the fact that E-TON ceased to exist during the POR.\7\
---------------------------------------------------------------------------

    \6\ See Final Results IDM at Comment 3.
    \7\ Id.
---------------------------------------------------------------------------

Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by the CIT order from 
liquidating entries that were produced and/or exported by ISEC and E-
TON, and imported by JA Solar, that were entered, or withdrawn from 
warehouse, for consumption during the period February 1, 2019, through 
January 31, 2020. These entries will remain enjoined pursuant to the 
terms of the injunction during the pendency of any appeals process.
    In the event that the CIT'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 produced and/or exported by ISEC and E-TON, and 
imported by JA Solar, 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 importer-specific ad valorem 
assessment rate is zero or de minimis,\8\ we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

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: March 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-06093 Filed 3-21-23; 4:15 pm]
BILLING CODE 3510-DS-P

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