Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of the Countervailing Duty Administrative Review; Notice of Amended Final Results, 53042-53043 [2024-13841]

Download as PDF 53042 Federal Register / Vol. 89, No. 122 / Tuesday, June 25, 2024 / Notices khammond on DSKJM1Z7X2PROD with NOTICES second year following the date the loan note guarantee was issued. As set forth in 7 CFR 5001.454(d), each fiscal year, the Agency shall establish a limit on the maximum portion of B&I guarantee authority available for that fiscal year that may be used to guarantee loans with a reduced guarantee fee. The Agency has established that not more than 12 percent of the Agency’s B&I guarantee authority will be reserved for loan guarantee requests with a reduced fee. Once this limit is reached, all additional loans will be at the standard fee. Unless precluded by a subsequent FY 2025 appropriation, these rates will apply to all guaranteed loans obligated in FY 2025. 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The letter must contain the complainant’s name, address, telephone number, and a written description of the VerDate Sep<11>2014 17:03 Jun 24, 2024 Jkt 262001 alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD– 3027 form or letter must be submitted to USDA by: (1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250–9410; or (2) Fax: (833) 256–1665 or (202)690– 7442; or (3) Email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender. Basil I. Gooden, Under Secretary, Rural Development. [FR Doc. 2024–13895 Filed 6–24–24; 8:45 am] BILLING CODE 3410–15–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–011] Certain Crystalline Silicon Photovoltaic Products From the People’s Republic of China: Notice of Court Decision Not in Harmony With the Final Results of the Countervailing Duty Administrative Review; Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 21, 2024, the U.S. Court of International Trade (the Court) issued its final judgment in Trina Solar (Changzhou) Science & Technology Co., Ltd., et al. v. United States, Court No. 23–00219 (CIT March 21, 2024), sustaining the U.S. Department of Commerce’s (Commerce) final remand results pertaining to the countervailing duty administrative review on certain crystalline silicon photovoltaic products (solar products) from the People’s Republic of China (China), covering the period of review (POR) January 1, 2021, through December 31, 2021. Commerce is notifying the public that the Court’s final judgment is not in harmony with the final results of the administrative review, and that Commerce is amending its final results. DATES: Applicable March 31, 2024. FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, 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) 482–3586. AGENCY: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: Background On September 13, 2023, Commerce published its final results of the 2021 administrative review of solar products from China.1 Commerce reached an affirmative determination for Trina Solar (Changzhou) Science & Technology Co., Ltd. and its crossowned affiliates (collectively, Trina Solar). In the Final Results, Commerce exclusively relied on freight rates published by The Descartes Systems Group Inc. (Descartes) when determining ocean freight rates for calculating the subsidy rates for several programs pursuant to which the Government of China provided goods for less than adequate remuneration (LTAR).2 Trina Solar filed a complaint concerning this issue. Subsequently, and considering the Court’s holding in Risen Energy I and Risen Energy II,3 Commerce requested that the issue be remanded for further consideration. On December 12, 2023, the Court granted Commerce’s motion for voluntary remand with additional guidance.4 Specifically, the Court instructed Commerce to consider its rulings in Risen Energy I and Risen Energy II and to use a multiple route database in keeping with the statutory preference for relying on a broadly based ocean freight rate, in the absence of ‘‘the ability to concretely explain a strong reason for a single rate source.’’ 5 Upon reconsideration of this issue, Commerce determined not to rely on the Descartes database for the base rates for ocean freight in constructing world market benchmarks for LTAR programs under 19 CFR 351.511(a)(2)(ii). Instead, Commerce relied on ocean freight rates published by Xeneta AS (Xeneta) exclusively for the base ocean freight rates and then made certain adjustments to the Xeneta data to account for any missing ocean freight surcharges, relying on the Descartes data.6 On 1 See Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China: Final Results of Countervailing Duty Administrative Review; 2021, 88 FR 62770 (Final Results), and accompanying Issues and Decision Memorandum (IDM). 2 Id. at Comment 5. 3 See Risen Energy Co., v. United States, 570 F. Supp. 3d 1369, 1372 (CIT 2022) (Risen Energy I); see also Risen Energy Co. v. United States, Slip Op. 23–48 (CIT April 11, 2023) (Risen Energy II). 4 See Trina Solar (Changzhou) Science & Technology Co., Ltd. v. United States, Court No. 23– 00219, Slip Op. No. 23–174 (CIT December 12, 2023). 5 Id. 6 See Trina Solar (Changzhou) Science & Technology Co., Ltd. v. United States, Court No. 23– 00219, ‘‘Final Results of Redetermination Pursuant E:\FR\FM\25JNN1.SGM 25JNN1 Federal Register / Vol. 89, No. 122 / Tuesday, June 25, 2024 / Notices February 22, 2024, Commerce issued its final results of redetermination calculating an estimated countervailable subsidy rate of 9.02 percent ad valorem for Trina Solar,7 and on March 21, 2024, the Court sustained Commerce’s Final Redetermination.8 Timken Notice In its decision in Timken,9 as clarified by Diamond Sawblades,10 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 Court’s March 21, 2024, judgment constitutes a final decision of the Court 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 Trina Solar’s countervailable subsidy rate for the period January 1, 2021, through December 31, 2021, as follows: Producer/exporter Subsidy rate (percent ad valorem) Trina Solar (Changzhou) Science & Technology Co., Ltd.11 ......................... 9.02 khammond on DSKJM1Z7X2PROD with NOTICES to Court Order,’’ dated February 22, 2024 (Final Redetermination). 7 Id. 8 See Trina Solar (Changzhou) Science & Technology Co., Ltd., et al., v. United States, Court No. 23–00219 (CIT March 21, 2024). 9 See Timken Co., v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 10 See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 11 Commerce found Trina Solar (Changzhou) Science & Technology Co., Ltd. to be cross-owned, within the meaning of 19 CFR 351.525(b)(6)(vi), among and across the following companies: Yancheng Trina Solar Guoneng Science & Technology Co., Ltd.; Trina Solar (Su Qian) Technology Co., Ltd.; Trina Solar Yiwu Technology Co., Ltd.; Trina Solar Co., Ltd.; Trina Solar (Yancheng Dafeng) Co., Ltd.; Trina Solar Science & Technology (Yancheng) Co., Ltd.; Trina Solar (Suqian) Optoelectronics Co., Ltd.; Trina Solar (Changzhou) Optoelectronic Device Co., Ltd.; Changzhou Trina Solar Yabang Energy Co., Ltd.; Hubei Trina Solar Energy Co., Ltd.; Turpan Trina Solar Energy Co., Ltd.; Trina Solar (Hefei) Science and Technology Co., Ltd.; Changzhou Hesai PV 17:03 Jun 24, 2024 Jkt 262001 Liquidation of Suspended Entries Commerce intends to instruct CBP to assess countervailing duties on unliquidated entries of subject merchandise produced and/or exported by Trina Solar in accordance with 19 CFR 351.212(b). We will instruct CBP to assess countervailing duties on all appropriate entries covered by this administrative review where the ad valorem rate is not zero or de minimis. Where an ad valorem subsidy rate is zero or de minimis,12 we will instruct CBP to liquidate the appropriate entries without regard to countervailing duties. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e), and 777(i)(1) of the Act. Dated: June 18, 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. 2024–13841 Filed 6–24–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–801] Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of Antidumping Duty New Shipper Review; 2022–2023 Cash Deposit Requirements Commerce intends to issue revised cash deposit instructions to U.S. VerDate Sep<11>2014 Customs and Border Protection (CBP) for the entries indicated above. The revised cash deposit rate, indicated above, will be effective March 31, 2024. Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) has conducted a new shipper review of Co May ImportExport Company Limited (Co May) regarding the antidumping duty order on certain frozen fish fillets (fish fillets) from the Socialist Republic of Vietnam (Vietnam). The period of review (POR) is August 1, 2022, through January 31, 2023. Based on our analysis, Commerce finds that Co May did not make sales of subject merchandise at prices below normal value during the POR. DATES: Applicable June 25, 2024. AGENCY: Ribbon Materials Co., Ltd.; Changzhou Hewei New Material Technology Co., Ltd.; Changzhou Trina Hezhong PV Co., Ltd.; and Changzhou Trina PV Ribbon Materials Co., Ltd. See Final Results. 12 See 19 CFR 351.106(c)(2). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 53043 FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2243. SUPPLEMENTARY INFORMATION: Background On January 30, 2024, Commerce published the Preliminary Results of this new shipper review and invited interested parties to comment.1 On April 5, 2024, Commerce extended the deadline for issuance of these final results to June 14, 2024.2 On May 17, 2024, the petitioners 3 submitted a case brief.4 On May 22, 2024, Co May submitted a rebuttal brief.5 On May 30, 2024, Commerce held a public hearing.6 For a complete description of the events that occurred subsequent to the Preliminary Results, see the Issues and Decision Memorandum.7 Scope of the Order 8 The products covered by the Order are fish fillets from Vietnam. For a complete description of the scope of this order, see the Issues and Decision Memorandum. Analysis of Comments Received We addressed all issues raised in the case and rebuttal briefs filed by interested parties in the Issues and Decision Memorandum. A list of the 1 See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Preliminary Results of New Shipper Review; 2022–2023, 89 FR 5862 (January 30, 2024) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Extension of Deadline for Final Results of Antidumping Duty New Shipper Review,’’ dated April 5, 2024. 3 The petitioners are the Catfish Farmers of America and individual U.S. catfish processors America’s Catch, Inc., Alabama Catfish, LLC d/b/a Harvest Select Catfish, Inc., Consolidated Catfish Companies, LLC d/b/a Country Select Catfish, Delta Pride Catfish, Inc., Guidry’s Catfish, Inc., Heartland Catfish Company, Magnolia Processing, Inc. d/b/a Pride of the Pond, and Simmons Farm Raised Catfish, Inc. 4 See Petitioners’ Letter, ‘‘Case Brief,’’ dated May 17, 2024. 5 See Co May’s Letter, ‘‘Rebuttal Brief of Co May Import Export Company Limited,’’ dated May 22, 2024. 6 See Hearing Transcript, ‘‘Public Hearing in the Matter of: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, New Shipper Review,’’ dated May 30, 2024. 7 See Memorandum, ‘‘Decision Memorandum for the Final Results of the New Shipper Review of the Antidumping Duty Order on Certain Frozen Fish Fillets from the Socialist Republic of Vietnam; 2022–2023,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 8 See Notice of Antidumping Duty Order: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 68 FR 47909 (August 12, 2003) (Order). E:\FR\FM\25JNN1.SGM 25JNN1

Agencies

[Federal Register Volume 89, Number 122 (Tuesday, June 25, 2024)]
[Notices]
[Pages 53042-53043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13841]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-011]


Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China: Notice of Court Decision Not in Harmony 
With the Final Results of the Countervailing Duty Administrative 
Review; Notice of Amended Final Results

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

SUMMARY: On March 21, 2024, the U.S. Court of International Trade (the 
Court) issued its final judgment in Trina Solar (Changzhou) Science & 
Technology Co., Ltd., et al. v. United States, Court No. 23-00219 (CIT 
March 21, 2024), sustaining the U.S. Department of Commerce's 
(Commerce) final remand results pertaining to the countervailing duty 
administrative review on certain crystalline silicon photovoltaic 
products (solar products) from the People's Republic of China (China), 
covering the period of review (POR) January 1, 2021, through December 
31, 2021. Commerce is notifying the public that the Court's final 
judgment is not in harmony with the final results of the administrative 
review, and that Commerce is amending its final results.

DATES: Applicable March 31, 2024.

FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, 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) 482-3586.

SUPPLEMENTARY INFORMATION:

Background

    On September 13, 2023, Commerce published its final results of the 
2021 administrative review of solar products from China.\1\ Commerce 
reached an affirmative determination for Trina Solar (Changzhou) 
Science & Technology Co., Ltd. and its cross-owned affiliates 
(collectively, Trina Solar). In the Final Results, Commerce exclusively 
relied on freight rates published by The Descartes Systems Group Inc. 
(Descartes) when determining ocean freight rates for calculating the 
subsidy rates for several programs pursuant to which the Government of 
China provided goods for less than adequate remuneration (LTAR).\2\ 
Trina Solar filed a complaint concerning this issue.
---------------------------------------------------------------------------

    \1\ See Certain Crystalline Silicon Photovoltaic Products from 
the People's Republic of China: Final Results of Countervailing Duty 
Administrative Review; 2021, 88 FR 62770 (Final Results), and 
accompanying Issues and Decision Memorandum (IDM).
    \2\ Id. at Comment 5.
---------------------------------------------------------------------------

    Subsequently, and considering the Court's holding in Risen Energy I 
and Risen Energy II,\3\ Commerce requested that the issue be remanded 
for further consideration. On December 12, 2023, the Court granted 
Commerce's motion for voluntary remand with additional guidance.\4\ 
Specifically, the Court instructed Commerce to consider its rulings in 
Risen Energy I and Risen Energy II and to use a multiple route database 
in keeping with the statutory preference for relying on a broadly based 
ocean freight rate, in the absence of ``the ability to concretely 
explain a strong reason for a single rate source.'' \5\ Upon 
reconsideration of this issue, Commerce determined not to rely on the 
Descartes database for the base rates for ocean freight in constructing 
world market benchmarks for LTAR programs under 19 CFR 
351.511(a)(2)(ii). Instead, Commerce relied on ocean freight rates 
published by Xeneta AS (Xeneta) exclusively for the base ocean freight 
rates and then made certain adjustments to the Xeneta data to account 
for any missing ocean freight surcharges, relying on the Descartes 
data.\6\ On

[[Page 53043]]

February 22, 2024, Commerce issued its final results of redetermination 
calculating an estimated countervailable subsidy rate of 9.02 percent 
ad valorem for Trina Solar,\7\ and on March 21, 2024, the Court 
sustained Commerce's Final Redetermination.\8\
---------------------------------------------------------------------------

    \3\ See Risen Energy Co., v. United States, 570 F. Supp. 3d 
1369, 1372 (CIT 2022) (Risen Energy I); see also Risen Energy Co. v. 
United States, Slip Op. 23-48 (CIT April 11, 2023) (Risen Energy 
II).
    \4\ See Trina Solar (Changzhou) Science & Technology Co., Ltd. 
v. United States, Court No. 23-00219, Slip Op. No. 23-174 (CIT 
December 12, 2023).
    \5\ Id.
    \6\ See Trina Solar (Changzhou) Science & Technology Co., Ltd. 
v. United States, Court No. 23-00219, ``Final Results of 
Redetermination Pursuant to Court Order,'' dated February 22, 2024 
(Final Redetermination).
    \7\ Id.
    \8\ See Trina Solar (Changzhou) Science & Technology Co., Ltd., 
et al., v. United States, Court No. 23-00219 (CIT March 21, 2024).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,9 as clarified by Diamond 
Sawblades,10 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 Court's March 21, 2024, judgment constitutes a final 
decision of the Court that is not in harmony with Commerce's Final 
Results. This notice is published in fulfillment of the publication 
requirements of Timken.
---------------------------------------------------------------------------

    \9\ See Timken Co., v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \10\ 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 Trina Solar's countervailable subsidy 
rate for the period January 1, 2021, through December 31, 2021, as 
follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                       (percent ad
                                                             valorem)
------------------------------------------------------------------------
Trina Solar (Changzhou) Science & Technology Co.,                   9.02
 Ltd.\11\...............................................
------------------------------------------------------------------------

Cash Deposit Requirements
---------------------------------------------------------------------------

    \11\ Commerce found Trina Solar (Changzhou) Science & Technology 
Co., Ltd. to be cross-owned, within the meaning of 19 CFR 
351.525(b)(6)(vi), among and across the following companies: 
Yancheng Trina Solar Guoneng Science & Technology Co., Ltd.; Trina 
Solar (Su Qian) Technology Co., Ltd.; Trina Solar Yiwu Technology 
Co., Ltd.; Trina Solar Co., Ltd.; Trina Solar (Yancheng Dafeng) Co., 
Ltd.; Trina Solar Science & Technology (Yancheng) Co., Ltd.; Trina 
Solar (Suqian) Optoelectronics Co., Ltd.; Trina Solar (Changzhou) 
Optoelectronic Device Co., Ltd.; Changzhou Trina Solar Yabang Energy 
Co., Ltd.; Hubei Trina Solar Energy Co., Ltd.; Turpan Trina Solar 
Energy Co., Ltd.; Trina Solar (Hefei) Science and Technology Co., 
Ltd.; Changzhou Hesai PV Ribbon Materials Co., Ltd.; Changzhou Hewei 
New Material Technology Co., Ltd.; Changzhou Trina Hezhong PV Co., 
Ltd.; and Changzhou Trina PV Ribbon Materials Co., Ltd. See Final 
Results.
---------------------------------------------------------------------------

    Commerce intends to issue revised cash deposit instructions to U.S. 
Customs and Border Protection (CBP) for the entries indicated above. 
The revised cash deposit rate, indicated above, will be effective March 
31, 2024.

Liquidation of Suspended Entries

    Commerce intends to instruct CBP to assess countervailing duties on 
unliquidated entries of subject merchandise produced and/or exported by 
Trina Solar in accordance with 19 CFR 351.212(b). We will instruct CBP 
to assess countervailing duties on all appropriate entries covered by 
this administrative review where the ad valorem rate is not zero or de 
minimis. Where an ad valorem subsidy rate is zero or de minimis,\12\ we 
will instruct CBP to liquidate the appropriate entries without regard 
to countervailing duties.
---------------------------------------------------------------------------

    \12\ 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: June 18, 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. 2024-13841 Filed 6-24-24; 8:45 am]
BILLING CODE 3510-DS-P
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