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 the Final Results of Countervailing Duty Administrative Review; Notice of Amended Final Results, 17411-17413 [2024-05066]
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Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Notices
intermediate company(ies) involved in
the transaction.5
For the companies which were not
selected for individual examination, we
will also instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
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).
Cash Deposit Requirements
ddrumheller on DSK120RN23PROD with NOTICES1
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
for by section 751(a)(2) of the Act: (1)
the cash deposit rate for the companies
listed above will be equal to the
weighted-average dumping margin
established in the final results of this
review, except if the rate is de minimis
(i.e., less than 0.50 percent), in which
case the cash deposit rate will be zero;
(2) for previously reviewed or
investigated companies not covered by
this review, the cash deposit rate will
continue to be the company-specific rate
published for the most recentlycompleted segment of this proceeding in
which they were examined; (3) if the
exporter is not a firm covered in this
review, a prior review, or the less-thanfair value investigation, but the
producer is, the cash deposit rate will be
the rate established for the most
recently-completed segment of this
proceeding for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 7.00 percent, the allothers rate established in the Amended
Final Determination.6 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of the countervailing duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the return or
destruction 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 terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
Dated: March 4, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Discussion of the Issues
Comment 1: Whether to Apply Adverse
Facts Available (AFA) to Chandan
Comment 2: Whether to Include KDT’s
Outside Tolling Costs
IV. Recommendation
Appendix II
5 For
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
6 See Stainless Steel Flanges from India: Notice of
Court Decision Not in Harmony with the Final
Determination of Antidumping Investigation; Notice
of Amended Final Determination, 86 FR 50325
(September 8, 2021) (Amended Final
Determination).
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Jkt 262001
List of Companies Not Selected for
Individual Examination
1. Balkrishna Steel Forge Pvt. Ltd.
2. BFN Forgings Private Limited; Bebitz
Flanges Works Private Limited;
Fanschen werk Bebitz GmbH; Viraj
Alloys, Ltd.; Viraj Forgings, Ltd.; Viraj
Impoexpo, Ltd.; and Viraj Profiles
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
17411
Limited 7
3. Echjay Forgings Private Limited
4. Fivebros Forgings Pvt. Ltd.8
5. Goodluck India Limited
6. Hilton Metal Forging Limited
7. Jai Auto Pvt. Ltd.
8. Jay Jagdamba Forgings Pvt Ltd.
9. Jay Jagdamba Ltd.
10. Jay Jagdamba Profile Pvt Ltd.
11. Pradeep Metals Limited
12. Shree Jay Jagdamba Flanges Pvt. Ltd.
[FR Doc. 2024–05065 Filed 3–8–24; 8:45 am]
BILLING CODE 3510–DS–P
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 Court Decision Not
in Harmony With the Final Results of
Countervailing Duty Administrative
Review; Notice of Amended Final
Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 29, 2024, the
U.S. Court of International Trade (CIT)
issued its final judgment in Risen
Energy Co. v. United States, Consol.
Court no. 22–00231, sustaining the U.S.
Department of Commerce’s (Commerce)
first remand results pertaining to 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
January 1, 2019 through, December 31,
2019. Commerce is notifying the public
that the CIT’s final judgment is not in
harmony with Commerce’s final results
of the administrative review, and that
Commerce is amending the final results
with respect to the countervailable
subsidy rates assigned to JA Solar
Technology Yangzhou Co., Ltd. (JA
AGENCY:
7 Commerce has previously found BFN Forgings
Private Limited to be part of a collapsed entity. See,
e.g., Stainless Steel Flanges from India: Final
Affirmative Determination of Sales at Less Than
Fair Value and Final Affirmative Critical
Circumstance Determination, 83 FR 40745 (August
16, 2018). The companies which are part of this
collapsed entity are listed above.
8 We incorrectly listed this company as ‘‘Fivebros
Pvt Ltd.’’ in the Initiation Notice and as ‘‘Fivebros
Forging Pvt Ltd.’’ in the Preliminary Results. See
Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 74404 (December 5,
2022); and Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
7060 (February 2, 2023) (collectively, Initiation
Notice); and Preliminary Results, 88 FR at 76178.
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17412
Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Notices
Solar) and Risen Energy Co., Ltd.
(Risen).
DATES:
Applicable March 10, 2024.
FOR FURTHER INFORMATION CONTACT:
Lingjun Wang, 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
ddrumheller on DSK120RN23PROD with NOTICES1
On July 7, 2022, Commerce published
its final results in the 2019 CVD
administrative review of solar cells from
China,1 in which Commerce: (1) found
that JA Solar and Risen used the Export
Buyer’s Credit program (EBCP); 2 (2)
determined that the Tax Exemptions
Under the Article 26(2) of the Enterprise
Income Tax Law Program (Article 26(2)
Tax Program) is de jure specific; 3 (3)
relied on an average of Thai and
Malaysian data as a tier three
benchmark for the provision of land for
less than adequate remuneration
(LTAR); 4 and (4) relied on an average of
Xeneta and Descartes datasets as a tier
two benchmark for ocean freight for
several LTAR subsidy calculations.5
On August 15 and September 12,
2022, Commerce published the
Amended Final Results 6 and
Corrections,7 respectively, correcting
certain ministerial errors and
inadvertent errors in the Final Results.
Risen and JA Solar appealed
Commerce’s Final Results/Amended
Final Results. On October 11, 2023, the
CIT remanded the Final Results/
Amended Final Results to Commerce.8
The CIT ordered Commerce to: (1)
consider Risen’s untimely non-use
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 Id. at Comment 1.
3 Id. at Comment 20.
4 Id. at Comment 17.
5 Id. at Comment 7.
6 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from the
People’s Republic of China: Notice of Amended
Final Results Countervailing Duty Administrative
Review; 2019, 87 FR 50069 (August 15, 2022)
(Amended Final Results).
7 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 and Notice of
Amended Final Results of Countervailing Duty
Review, 2019; Corrections, 87 FR 55782 (September
12, 2022) (Corrections).
8 See Remand Order, 658 F. Supp. 3d at 1371–79.
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18:24 Mar 08, 2024
Jkt 262001
certification, and to attempt to verify the
Risen’s and JA Solar’s non-use
certifications to the extent that
verification does not overly burden
voluntary participants; 9 (2) remove the
Article 26(2) Tax Program from its
subsidy rate for Risen; 10 (3) reconsider
Commerce’s land for LTAR calculation
consistent with the CIT’s holdings in
Risen II, in which the CIT found that the
use of the Thai data is insufficiently
explained to meet the substantial
evidence standard; 11 and (4) reconsider
whether it remains appropriate to use
Descartes data for purposes of this
review.12
On remand, Commerce requested that
Risen submit on the record the non-use
certification which was found to be
untimely in the underlying review.13
Risen complied with Commerce’s
request.14 On December 12, 2023,
Commerce issued its Draft Remand
Results; 15 only JA Solar submitted
comments.16
In its remand redetermination, issued
in January 2024,17 for both companies,
Commerce: (1) removed the EBCP from
its overall subsidy rate calculations; (2)
removed Article 26(2) Tax program from
its overall subsidy rate calculations; (3)
used the Malaysian data as the tier three
benchmark for the provision of land for
LTAR given it is more contemporaneous
to the acquisition years of the land-use
rights; and in so doing, did not disturb
the benefit streams calculated in the
2017 administrative review and carried
forward to this review (i.e., 2019
administrative review); and (4) excluded
Descartes data and relied solely on
Xeneta data as a tier two benchmark for
ocean freight. Consequently, Commerce
has revised the subsidy benefit
calculations for Risen and JA Solar. The
9 Id.,
658 F. Supp. 3d at 1372.
10 See Remand Order, 658 F. Supp. 3d at 1373.
11 Id. at 1375 (citing Risen Energy Co. v. United
States, Consol. Court No. 20–03912, Slip Op. 23–
48 (CIT April 11, 2023) (Risen II)).
12 See Remand Order, 658 F. Supp. 3d at 1378.
13 See Commerce’s Letter, ‘‘Supplemental
Questionnaire,’’ dated November 27, 2023.
14 See Risen’s Letter, ‘‘Supplemental
Questionnaire Response,’’ dated November 29,
2023.
15 See Draft Results of Remand Redetermination
Pursuant to Court Remand, Risen Energy Co., Ltd.,
et al. v. United States, Consol. Court No. 22–00231,
Slip Op. 23–148 (CIT October 11, 2023), dated
December 12, 2023 (Draft Remand Results).
16 See JA Solar’s Letter, ‘‘Comments on Draft
Remand Redetermination,’’ dated December 21,
2023 (JA Solar Comments).
17 See Final Results of Redetermination Pursuant
to Court Remand, Risen Energy Co., Ltd., et al. v.
United States, Consolidated Court No. 22–00231,
Slip Op. 23–148 (CIT October 11, 2023), dated
January 9, 2024 (Final Remand), available at https://
access.trade.gov/resources/remands/23-148.pdf.
PO 00000
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Fmt 4703
Sfmt 4703
CIT sustained Commerce’s final
redetermination.18
Timken Notice
In its decision in Timken,19 as
clarified by Diamond Sawblades,20 the
U.S. Court of Appeals for the Federal
Circuit held that, pursuant to section
516A(c) 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 CIT’s
February 29, 2024 judgment constitutes
a final decision of the Court that is not
in harmony with Commerce’s Final
Results and Amended Final Results.
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 and Amended Final
Results with respect to Risen and JA
Solar as follows:
Producer/exporter
Risen Energy Co., Ltd.21 ......
JA Solar Technology
Yangzhou Co., Ltd.22 ........
Subsidy rate
(percent ad
valorem)
7.22
10.04
Cash Deposit Requirements
Because Risen and JA Solar have a
superseding cash deposit rate, i.e., there
have been final results published in a
subsequent administrative review,
Commerce will not issue revised cash
deposit instructions to U.S. Customs
and Border Protection (CBP). This
notice will not affect the current cash
deposit rates.
18 See Risen Energy Co., Ltd., et al. v. United
States, Slip Op. 24–25 (CIT 2024).
19 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
20 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
21 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 Final
Results IDM at 10–11.
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Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Notices
Liquidation of Suspended Entries
At this time, Commerce remains
enjoined by the CIT order from
liquidating entries that were produced
and/or exported by Risen and JA Solar,
and were entered, or withdrawn from
warehouse, for consumption during the
period January 1, 2019, through
December 31, 2019. These entries will
remain enjoined pursuant to the terms
of the injunction during the pendency of
any appeals process.
In the event 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 countervailing duties on
unliquidated entries of subject
merchandise produced and/or exported
by Risen and JA Solar in accordance
with 19 CFR 351.212(b). We will
instruct CBP to assess countervailing
duties on all appropriate entries covered
by this review when the ad valorem rate
is not zero or de minimis. Where an ad
valorem subsidy rate is zero or de
minimis,23 we will instruct CBP to
liquidate the appropriate entries
without regard to countervailing duties.
Notification to Interested Parties
ddrumheller on DSK120RN23PROD with NOTICES1
This notice is issued and published in
accordance with sections 516A(c) and
(e), and 777(i)(1) of the Act.
22 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
Final Results IDM at 9–10.
23 See 19 CFR 351.106(c)(2).
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18:24 Mar 08, 2024
Jkt 262001
17413
Dated: March 5, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
petitioner filed responses to the
supplemental questionnaires between
February 22 and 29, 2024.4
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioner alleges that imports
of melamine from Germany, India,
[FR Doc. 2024–05066 Filed 3–8–24; 8:45 am]
Japan, the Netherlands, Qatar, and
BILLING CODE 3510–DS–P
Trinidad and Tobago are being, or are
likely to be, sold in the United States at
less than fair value (LTFV) within the
DEPARTMENT OF COMMERCE
meaning of section 731 of the Act, and
International Trade Administration
that imports of such products are
[A–428–852, A–533–924, A–588–882, A–518– materially injuring, or threatening
material injury to, the melamine
001, A–421–817, A–274–810]
industry in the United States. Consistent
Melamine From Germany, India, Japan, with section 732(b)(1) of the Act, the
Petitions were accompanied by
the Netherlands, Qatar, and Trinidad
information reasonably available to the
and Tobago: Initiation of Less-Thanpetitioner supporting its allegations.
Fair-Value Investigations
Commerce finds that the petitioner
AGENCY: Enforcement and Compliance,
filed the Petitions on behalf of the
International Trade Administration,
domestic industry, because the
Department of Commerce.
petitioner is an interested party, as
DATES: Applicable March 5, 2024.
defined in section 771(9)(C) of the Act.
FOR FURTHER INFORMATION CONTACT: Kate Commerce also finds that the petitioner
demonstrated sufficient industry
Johnson (Germany) at (202) 482–4929;
support for the initiation of the
Charles DeFilippo (India) at (202) 482–
3797; Carolyn Adie (Japan) at (202) 482– requested LTFV investigations.5
6250; Fred Baker (the Netherlands) at
Periods of Investigation
(202) 482–2924; Gorden Struck (Qatar)
Because the Petitions were filed on
at (202) 482–8151; and Brittany Bauer
February
14, 2024, pursuant to 19 CFR
(Trinidad and Tobago) at (202) 482–
3860, AD/CVD Operations, Enforcement 351.204(b)(1), the period of
investigation (POI) for each of these
and Compliance, International Trade
LTFV investigations is January 1, 2023,
Administration, U.S. Department of
through December 31, 2023.
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
Scope of the Investigations
SUPPLEMENTARY INFORMATION:
The product covered by these
investigations is melamine from
The Petitions
Germany, India, Japan, the Netherlands,
On February 14, 2024, the U.S.
Qatar, and Trinidad and Tobago. For a
Department of Commerce (Commerce)
full description of the scope of these
received antidumping duty (AD)
investigations, see the appendix to this
petitions concerning imports of
notice.
melamine from Germany, India, Japan,
Comments on the Scope of the
the Netherlands, Qatar, and Trinidad
Investigations
and Tobago filed in proper form on
behalf of Cornerstone Chemical
On February 16, 2024, Commerce
Company (the petitioner).1 These AD
requested information and clarification
Petitions were accompanied by
from the petitioner regarding the
countervailing duty (CVD) petitions
proposed scope to ensure that the scope
concerning imports of melamine from
language in the Petitions is an accurate
Germany, India, Qatar, and Trinidad
reflection of the products for which the
and Tobago.2
Between February 16 and 28, 2024,
Supplemental, the Netherlands Supplemental,
Commerce requested supplemental
Qatar Supplemental, and Trinidad and Tobago
information pertaining to certain aspects Supplemental, dated February 16, 2024; and
Memoranda, ‘‘Phone Call,’’ dated February 23,
of the Petitions in separate
2024, and February 28, 2024, respectively.
supplemental questionnaires.3 The
4 See Petitioner’s Letters, ‘‘Petitioner’s Response
1 See
Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties,’’ dated February 14, 2024 (the Petitions).
2 Id.
3 See Commerce’s Letter, ‘‘Supplemental
Questions,’’ dated February 16, 2024 (General
Issues Questionnaire); see also Country-Specific AD
Supplemental Questionnaires: Germany
Supplemental, India Supplemental, Japan
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
to Volume I General Issues Supplemental
Questionnaire,’’ dated February 22, 2024 (General
Issues Supplement); see also Country-Specific AD
Supplemental Responses, dated February 22, 2024;
Country-Specific Second AD Supplemental
Responses, dated February 27, 2024; and Trinidad
and Tobago Third AD Supplemental Response,
dated February 29, 2024.
5 See section on ‘‘Determination of Industry
Support for the Petitions,’’ infra.
E:\FR\FM\11MRN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Notices]
[Pages 17411-17413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05066]
-----------------------------------------------------------------------
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 Court
Decision Not in Harmony With the Final Results of Countervailing Duty
Administrative Review; Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On February 29, 2024, the U.S. Court of International Trade
(CIT) issued its final judgment in Risen Energy Co. v. United States,
Consol. Court no. 22-00231, sustaining the U.S. Department of
Commerce's (Commerce) first remand results pertaining to 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 January 1, 2019 through, December 31, 2019.
Commerce is notifying the public that the CIT's final judgment is not
in harmony with Commerce's final results of the administrative review,
and that Commerce is amending the final results with respect to the
countervailable subsidy rates assigned to JA Solar Technology Yangzhou
Co., Ltd. (JA
[[Page 17412]]
Solar) and Risen Energy Co., Ltd. (Risen).
DATES: Applicable March 10, 2024.
FOR FURTHER INFORMATION CONTACT: Lingjun Wang, 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
On July 7, 2022, Commerce published its final results in the 2019
CVD administrative review of solar cells from China,\1\ in which
Commerce: (1) found that JA Solar and Risen used the Export Buyer's
Credit program (EBCP); \2\ (2) determined that the Tax Exemptions Under
the Article 26(2) of the Enterprise Income Tax Law Program (Article
26(2) Tax Program) is de jure specific; \3\ (3) relied on an average of
Thai and Malaysian data as a tier three benchmark for the provision of
land for less than adequate remuneration (LTAR); \4\ and (4) relied on
an average of Xeneta and Descartes datasets as a tier two benchmark for
ocean freight for several LTAR subsidy calculations.\5\
---------------------------------------------------------------------------
\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\ Id. at Comment 1.
\3\ Id. at Comment 20.
\4\ Id. at Comment 17.
\5\ Id. at Comment 7.
---------------------------------------------------------------------------
On August 15 and September 12, 2022, Commerce published the Amended
Final Results \6\ and Corrections,\7\ respectively, correcting certain
ministerial errors and inadvertent errors in the Final Results.
---------------------------------------------------------------------------
\6\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People's Republic of China: Notice
of Amended Final Results Countervailing Duty Administrative Review;
2019, 87 FR 50069 (August 15, 2022) (Amended Final Results).
\7\ 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 and Notice of Amended Final Results of Countervailing
Duty Review, 2019; Corrections, 87 FR 55782 (September 12, 2022)
(Corrections).
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Risen and JA Solar appealed Commerce's Final Results/Amended Final
Results. On October 11, 2023, the CIT remanded the Final Results/
Amended Final Results to Commerce.\8\ The CIT ordered Commerce to: (1)
consider Risen's untimely non-use certification, and to attempt to
verify the Risen's and JA Solar's non-use certifications to the extent
that verification does not overly burden voluntary participants; \9\
(2) remove the Article 26(2) Tax Program from its subsidy rate for
Risen; \10\ (3) reconsider Commerce's land for LTAR calculation
consistent with the CIT's holdings in Risen II, in which the CIT found
that the use of the Thai data is insufficiently explained to meet the
substantial evidence standard; \11\ and (4) reconsider whether it
remains appropriate to use Descartes data for purposes of this
review.\12\
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\8\ See Remand Order, 658 F. Supp. 3d at 1371-79.
\9\ Id., 658 F. Supp. 3d at 1372.
\10\ See Remand Order, 658 F. Supp. 3d at 1373.
\11\ Id. at 1375 (citing Risen Energy Co. v. United States,
Consol. Court No. 20-03912, Slip Op. 23-48 (CIT April 11, 2023)
(Risen II)).
\12\ See Remand Order, 658 F. Supp. 3d at 1378.
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On remand, Commerce requested that Risen submit on the record the
non-use certification which was found to be untimely in the underlying
review.\13\ Risen complied with Commerce's request.\14\ On December 12,
2023, Commerce issued its Draft Remand Results; \15\ only JA Solar
submitted comments.\16\
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\13\ See Commerce's Letter, ``Supplemental Questionnaire,''
dated November 27, 2023.
\14\ See Risen's Letter, ``Supplemental Questionnaire
Response,'' dated November 29, 2023.
\15\ See Draft Results of Remand Redetermination Pursuant to
Court Remand, Risen Energy Co., Ltd., et al. v. United States,
Consol. Court No. 22-00231, Slip Op. 23-148 (CIT October 11, 2023),
dated December 12, 2023 (Draft Remand Results).
\16\ See JA Solar's Letter, ``Comments on Draft Remand
Redetermination,'' dated December 21, 2023 (JA Solar Comments).
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In its remand redetermination, issued in January 2024,\17\ for both
companies, Commerce: (1) removed the EBCP from its overall subsidy rate
calculations; (2) removed Article 26(2) Tax program from its overall
subsidy rate calculations; (3) used the Malaysian data as the tier
three benchmark for the provision of land for LTAR given it is more
contemporaneous to the acquisition years of the land-use rights; and in
so doing, did not disturb the benefit streams calculated in the 2017
administrative review and carried forward to this review (i.e., 2019
administrative review); and (4) excluded Descartes data and relied
solely on Xeneta data as a tier two benchmark for ocean freight.
Consequently, Commerce has revised the subsidy benefit calculations for
Risen and JA Solar. The CIT sustained Commerce's final
redetermination.\18\
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\17\ See Final Results of Redetermination Pursuant to Court
Remand, Risen Energy Co., Ltd., et al. v. United States,
Consolidated Court No. 22-00231, Slip Op. 23-148 (CIT October 11,
2023), dated January 9, 2024 (Final Remand), available at https://access.trade.gov/resources/remands/23-148.pdf.
\18\ See Risen Energy Co., Ltd., et al. v. United States, Slip
Op. 24-25 (CIT 2024).
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Timken Notice
In its decision in Timken,\19\ as clarified by Diamond
Sawblades,\20\ the U.S. Court of Appeals for the Federal Circuit held
that, pursuant to section 516A(c) 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
CIT's February 29, 2024 judgment constitutes a final decision of the
Court that is not in harmony with Commerce's Final Results and Amended
Final Results. This notice is published in fulfillment of the
publication requirements of Timken.
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\19\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\20\ See Diamond Sawblades Mfrs. 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 and Amended Final Results with respect to Risen and
JA Solar as follows:
------------------------------------------------------------------------
Subsidy rate
Producer/exporter (percent ad
valorem)
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Risen Energy Co., Ltd.\21\.............................. 7.22
JA Solar Technology Yangzhou Co., Ltd.\22\.............. 10.04
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Cash Deposit Requirements
Because Risen and JA Solar have a superseding cash deposit rate,
i.e., there have been final results published in a subsequent
administrative review, Commerce will not issue revised cash deposit
instructions to U.S. Customs and Border Protection (CBP). This notice
will not affect the current cash deposit rates.
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\21\ 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 Final Results IDM at 10-11.
\22\ 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 Final Results IDM
at 9-10.
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[[Page 17413]]
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by the CIT order from
liquidating entries that were produced and/or exported by Risen and JA
Solar, and were entered, or withdrawn from warehouse, for consumption
during the period January 1, 2019, through December 31, 2019. These
entries will remain enjoined pursuant to the terms of the injunction
during the pendency of any appeals process.
In the event 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 countervailing duties on unliquidated entries of
subject merchandise produced and/or exported by Risen and JA Solar in
accordance with 19 CFR 351.212(b). We will instruct CBP to assess
countervailing duties on all appropriate entries covered by this review
when the ad valorem rate is not zero or de minimis. Where an ad valorem
subsidy rate is zero or de minimis,\23\ we will instruct CBP to
liquidate the appropriate entries without regard to countervailing
duties.
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\23\ 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: March 5, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-05066 Filed 3-8-24; 8:45 am]
BILLING CODE 3510-DS-P
