Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order, 48391-48392 [2024-12417]

Download as PDF Federal Register / Vol. 89, No. 110 / Thursday, June 6, 2024 / Notices lotter on DSK11XQN23PROD with NOTICES1 whether the per-unit assessment rate is de minimis. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific ad valorem assessment rate calculated in the final results of this review is not zero or de minimis. Where either the respondent’s ad valorem weightedaverage dumping margin is zero or de minimis, or an importer-specific ad valorem assessment rate is zero or de minimis,12 we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For entries of subject merchandise during the POR produced by the POSCO single entity for which the POSCO single entity did not know that the merchandise it sold to the intermediary (e.g., a reseller, trading company, or exporter) was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.13 The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future cash deposits of estimated antidumping duties, where applicable.14 Cash Deposit Requirements The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the POSCO single entity will be equal to the weightedaverage dumping margin established in the final results of this review, except if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1) (i.e., less than 0.50 percent), in which case the cash deposit rate will be zero; (2) for merchandise exported by a company not covered in this review but covered in a prior completed segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recentlycompleted segment; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value investigation, but the producer is, the cash deposit rate will be the rate 19 CFR 351.106(c)(2). a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 14 See section 751(a)(2)(C) of the Act. established for the most recentlycompleted segment for the producer of the merchandise; and (4) the cash deposit rate for all other producers and exporters will continue to be 7.10 percent, the all-others rate established in the less-than-fair-value investigation.15 These cash deposit requirements, when imposed, shall remain in effect until further notice. This notice also serves as a preliminary 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 review period. Failure to comply with this requirement could result in the Secretary’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 the antidumping duties by the amount of the countervailing duties. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: May 30, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Currency Conversion VI. Recommendation [FR Doc. 2024–12348 Filed 6–5–24; 8:45 am] 12 See 13 For VerDate Sep<11>2014 17:12 Jun 05, 2024 Jkt 262001 15 See PO 00000 Order. Frm 00031 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–570–579] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this expedited second sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty order on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People’s Republic of China (China) would likely lead to continuation or recurrence of dumping at the level indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable June 6, 2024. FOR FURTHER INFORMATION CONTACT: Howard Smith, 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) 482–5193. SUPPLEMENTARY INFORMATION: AGENCY: Notification to Importers BILLING CODE 3510–DS–P 48391 Background On February 1, 2024, Commerce published the initiation of this sunset review 1 of the Order,2 pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). After initiation, a domestic interested party 3 timely submitted a notice of intent to participate in,4 and an adequate substantive response regarding, the review.5 The Alliance claimed domestic interested party status under section 771(9)(C) of the Act as producers of the domestic like product in the United 1 See Initiation of Five-Year (Sunset) Reviews, 89 FR 6499 (February 1, 2024). 2 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 77 FR 73018 (December 7, 2012) (Order). 3 The domestic interested party is the American Alliance for Solar Manufacturing (the Alliance), whose individual members are First Solar, Inc., Hanwha Q CELLS USA, Inc., Heliene USA, Inc., Suniva, Inc., and Mission Solar Energy LLC. 4 See Alliance’s Letter, ‘‘Notice of Intent to Participate in Sunset Review,’’ dated February 16, 2024. 5 See Alliance’s Letter, ‘‘Substantive Response to Notice of Initiation of Sunset Review,’’ dated March 4, 2024. E:\FR\FM\06JNN1.SGM 06JNN1 48392 Federal Register / Vol. 89, No. 110 / Thursday, June 6, 2024 / Notices States.6 Commerce did not receive a substantive response from any respondent interested party, nor was a hearing requested. Consequently, on March 22, 2024, Commerce notified the International Trade Commission that it did not receive an adequate substantive response from any respondent interested parties.7 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the Order. Scope of the Order The merchandise covered by the Order is crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials. Merchandise covered by this Order is currently classified in the Harmonized Tariff System of the United States (HTSUS) under subheadings 8501.71.0000, 8501.72.1000, 8501.72.2000, 8501.72.3000, 8501.72.9000, 8501.80.1000, 8501.80.2000, 8501.80.3000, 8501.80.9000, 8507.20.8010, 8507.20.8031, 8507.20.8041, 8507.20.8061, 8507.20.8091, 8541.42.0010, and 8541.43.0010. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of the Order is dispositive. For a complete description of the scope of the Order, see the Issues and Decision Memorandum.8 Analysis of Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum. A list of topics discussed in the Issues and Decision Memorandum is included in the appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via the Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access. lotter on DSK11XQN23PROD with NOTICES1 6 Id. 7 See Commerce’s Letter, ‘‘Sunset Reviews for February 1, 2024,’’ dated March 22, 2024; see also 19 CFR 351.218(e)(1)(ii)(C)(1). 8 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 17:12 Jun 05, 2024 Jkt 262001 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. Final Results of Sunset Review Pursuant to sections 751(c)(1), 752(c)(1) and (3) of the Act, Commerce determines that revocation of the Order would likely lead to continuation or recurrence of dumping, and that the magnitude of the dumping margin likely to prevail are weighted-average dumping margins up to 249.96 percent. Administrative Protective Order This notice serves as the only reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely 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 the final results and this notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii). Dated: May 31, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margins of Dumping Likely to Prevail VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2024–12417 Filed 6–5–24; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–423–812] Certain Carbon and Alloy Steel Cut-ToLength Plate From Belgium: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2022–2023 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds that certain carbon and alloy steel cut-to-length plate (CTL plate) from Belgium was sold at less than normal value (NV) during the period of review (POR) May 1, 2022, through April 30, 2023. Additionally, Commerce is rescinding this review in part, with respect to certain companies. We invite interested parties to comment on these preliminary results of review. DATES: Applicable June 6, 2024. FOR FURTHER INFORMATION CONTACT: Steven Seifert, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3350. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 25, 2017, Commerce published in the Federal Register the antidumping duty (AD) order on CTL plate from Belgium.1 On May 2, 2023, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the Order.2 On July 12, 2023, based on timely requests for review in accordance with 19 CFR 351.221(c)(1)(i), we initiated an AD administrative review.3 This review covers 20 producers and/or exporters of the subject merchandise.4 1 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Austria, Belgium, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative Antidumping Determinations for France, the Federal Republic of Germany, the Republic of Korea, and Taiwan, and Antidumping Duty Orders, 82 FR 24096 (May 25, 2017) (Order). 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review and Join Annual Inquiry Service List, 88 FR 27445 (May 2, 2023) (Initiation Notice). 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 44262 (July 12, 2023). 4 We note that the Initiation Notice listed 24 companies, including five companies that Commerce previously collapsed. Commerce collapsed the following companies in the less-thanfair-value investigation: NLMK Clabecq S.A., NLMK E:\FR\FM\06JNN1.SGM 06JNN1

Agencies

[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Pages 48391-48392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12417]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-579]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Final Results of the 
Expedited Second Sunset Review of the Antidumping Duty Order

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

SUMMARY: As a result of this expedited second sunset review, the U.S. 
Department of Commerce (Commerce) finds that revocation of the 
antidumping duty order on crystalline silicon photovoltaic cells, 
whether or not assembled into modules, from the People's Republic of 
China (China) would likely lead to continuation or recurrence of 
dumping at the level indicated in the ``Final Results of Sunset 
Review'' section of this notice.

DATES: Applicable June 6, 2024.

FOR FURTHER INFORMATION CONTACT: Howard Smith, 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) 482-5193.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2024, Commerce published the initiation of this 
sunset review \1\ of the Order,\2\ pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act). After initiation, a domestic 
interested party \3\ timely submitted a notice of intent to participate 
in,\4\ and an adequate substantive response regarding, the review.\5\ 
The Alliance claimed domestic interested party status under section 
771(9)(C) of the Act as producers of the domestic like product in the 
United

[[Page 48392]]

States.\6\ Commerce did not receive a substantive response from any 
respondent interested party, nor was a hearing requested. Consequently, 
on March 22, 2024, Commerce notified the International Trade Commission 
that it did not receive an adequate substantive response from any 
respondent interested parties.\7\ As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted an expedited (120-day) sunset review of the Order.
---------------------------------------------------------------------------

    \1\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 6499 
(February 1, 2024).
    \2\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China: Amended 
Final Determination of Sales at Less Than Fair Value, and 
Antidumping Duty Order, 77 FR 73018 (December 7, 2012) (Order).
    \3\ The domestic interested party is the American Alliance for 
Solar Manufacturing (the Alliance), whose individual members are 
First Solar, Inc., Hanwha Q CELLS USA, Inc., Heliene USA, Inc., 
Suniva, Inc., and Mission Solar Energy LLC.
    \4\ See Alliance's Letter, ``Notice of Intent to Participate in 
Sunset Review,'' dated February 16, 2024.
    \5\ See Alliance's Letter, ``Substantive Response to Notice of 
Initiation of Sunset Review,'' dated March 4, 2024.
    \6\ Id.
    \7\ See Commerce's Letter, ``Sunset Reviews for February 1, 
2024,'' dated March 22, 2024; see also 19 CFR 
351.218(e)(1)(ii)(C)(1).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the Order is crystalline silicon 
photovoltaic cells, and modules, laminates, and panels, consisting of 
crystalline silicon photovoltaic cells, whether or not partially or 
fully assembled into other products, including, but not limited to, 
modules, laminates, panels and building integrated materials.
    Merchandise covered by this Order is currently classified in the 
Harmonized Tariff System of the United States (HTSUS) under subheadings 
8501.71.0000, 8501.72.1000, 8501.72.2000, 8501.72.3000, 8501.72.9000, 
8501.80.1000, 8501.80.2000, 8501.80.3000, 8501.80.9000, 8507.20.8010, 
8507.20.8031, 8507.20.8041, 8507.20.8061, 8507.20.8091, 8541.42.0010, 
and 8541.43.0010. These HTSUS subheadings are provided for convenience 
and customs purposes; the written description of the scope of the Order 
is dispositive. For a complete description of the scope of the Order, 
see the Issues and Decision Memorandum.\8\
---------------------------------------------------------------------------

    \8\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited Second Sunset Review of the 
Antidumping Duty Order on Crystalline Silicon Photovoltaic Cells, 
Whether or Not Assembled Into Modules, from the People's Republic of 
China,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum. A list of topics discussed in the Issues and 
Decision Memorandum is included in the appendix to this notice. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via the 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.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1), 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Order would likely lead to 
continuation or recurrence of dumping, and that the magnitude of the 
dumping margin likely to prevail are weighted-average dumping margins 
up to 249.96 percent.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a). Timely 
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 the final results and this notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 
19 CFR 351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii).

    Dated: May 31, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins of Dumping Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2024-12417 Filed 6-5-24; 8:45 am]
BILLING CODE 3510-DS-P

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