Antidumping and Countervailing Duty Orders on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Notice of Amended Final Affirmative Determination of Circumvention Pursuant to Settlement Agreement, 88969-88970 [2024-26141]

Download as PDF 88969 Federal Register / Vol. 89, No. 218 / Tuesday, November 12, 2024 / Notices scope of the Order, see the Issues and Decision Memorandum.6 Analysis of Comments Received A complete discussion of all issues raised in this sunset review, including the likelihood of continuation or recurrence of subsidization in the event of revocation of the Order and the countervailable subsidy rates likely to prevail if the Order were to be revoked, is provided in the Issues and Decision Memorandum. A list of the topics discussed in the Issues and Decision Memorandum 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), which 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) and 752(b) of the Act, we determine that revocation of the Order would be likely to lead to continuation or recurrence of countervailable subsidies at the following net countervailable subsidy rates: Net countervailable subsidy rate (percent ad valorem) Producers/exporters Guangzhou Lion Cylinders Co. Ltd ................................................................................................................................................. Hubei Daly LPG Cylinder Manufacturer Co. Ltd ............................................................................................................................. Shandong Huanri Group Co. Ltd ..................................................................................................................................................... Taishan Machinery Factory Ltd ....................................................................................................................................................... TPA Metals and Machinery (SZ) Co. Ltd ........................................................................................................................................ Wuyi Xilinde Machinery Manufacture Co., Ltd ................................................................................................................................ Zhejiang Jucheng Steel Cylinder Co., Ltd ....................................................................................................................................... All Others ......................................................................................................................................................................................... Administrative Protective Order (APO) This notice serves as the only reminder to parties subject to an APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. 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 the terms of an APO is a sanctionable violation. [FR Doc. 2024–26121 Filed 11–8–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Notification to Interested Parties International Trade Administration Commerce is issuing and publishing these final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act, and 19 CFR 351.218. [A–570–979, C–570–980] Dated: November 5, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix khammond on DSKJM1Z7X2PROD with NOTICES 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 a Countervailable Subsidy 2. Net Countervailable Subsidy Rates Likely to Prevail 3. Nature of the Subsidies VII. Final Results of Sunset Review VIII. Recommendation 6 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited First Sunset Review of the Countervailing Duty Jkt 265001 DATES: Applicable November 12, 2024. Antidumping and Countervailing Duty Orders on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Notice of Amended Final Affirmative Determination of Circumvention Pursuant to Settlement Agreement Enforcement and Compliance, International Trade Administration, Department of Commerce. I. Summary 16:35 Nov 08, 2024 Pursuant to a settlement agreement with Red Sun Energy Long An Company Limited (Red Sun), the U.S. Department of Commerce (Commerce) is amending its final affirmative determination that Vietnamese Cells and Modules are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells and modules), from the People’s Republic of China (China). SUMMARY: AGENCY: List of Topics Discussed in the Issues and Decision Memorandum VerDate Sep<11>2014 142.37 142.37 37.91 142.37 142.37 142.37 142.37 37.91 Order on Steel Propane Cylinders from the People’s Republic of China,’’ dated concurrently with, and PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\12NON1.SGM 12NON1 88970 Federal Register / Vol. 89, No. 218 / Tuesday, November 12, 2024 / Notices 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: khammond on DSKJM1Z7X2PROD with NOTICES Background On August 23, 2023, Commerce published its final affirmative determinations of circumvention of the AD and CVD orders on solar cells and modules from China.1 In the Final Circumvention Determinations, Commerce based its decision regarding Red Sun 2 on adverse facts available (AFA) and, with the exception of the ‘‘Applicable Entries’’ certification, precluded importers and exporters from using the certifications that Commerce developed in the circumvention inquiry with respect to Red Sun’s solar cells and modules.3 Following publication of the Final Circumvention Determinations, Red Sun filed a lawsuit with the U.S. Court of International Trade (CIT) challenging Commerce’s determination to apply AFA to Red Sun and preclude certain certifications from being used with respect to entries of Red Sun’s solar cells and modules. On October 29, 2024, the United States and Red Sun entered into an agreement to settle and resolve all claims raised in Red Sun’s complaint. Pursuant to the terms of the settlement and the stipulation for entry of judgment, Commerce is removing Red Sun from the list of companies in Appendix II of the Final Circumvention Determinations for which parties may not file the certifications that are in Appendix VI of the Final Circumvention Determinations. The CIT issued its order of judgment by stipulation on November 1, 2024.4 Consistent with the settlement agreement and the November 1, 2024, order of judgment by stipulation, Commerce will notify U.S. Customs and 1 See Antidumping and Countervailing Duty Orders on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Final Scope Determination and Final Affirmative Determinations of Circumvention With Respect to Cambodia, Malaysia, Thailand, and Vietnam, 88 FR 57419 (August 23, 2023) (Final Circumvention Determinations). 2 In the circumvention inquiry, Commerce referred to the company as Red Sun Energy Co., Ltd. See Red Sun’s Letter ‘‘Request for a Public Hearing’’ dated January 6, 2023, at 1 (‘‘. . . Red Sun Energy Long An Co., Ltd. (also known as, Red Sun Energy Co., Ltd.) . . .’’). 3 See Final Circumvention Determinations, 88 FR 57420–21 and Appendix II. 4 See Order of Judgment by Stipulation, ECF No. 47, CIT No. 23–00229 (November 1, 2024). VerDate Sep<11>2014 16:35 Nov 08, 2024 Jkt 265001 Border Protection (CBP) that it has removed Red Sun from the list of companies for which parties may not file the certifications that are in Appendix VI of the Final Circumvention Determinations. Specifically, Commerce will instruct CBP that importers and exporters are permitted to use the certifications that are in Appendix VI of the Final Circumvention Determinations with respect to Red Sun’s inquiry merchandise that is entered into the United States, or withdrawn from warehouse, for consumption, on or after April 1, 2022, the date of initiation of the circumvention inquiry. Specifically, for Red Sun’s inquiry merchandise that was entered into the United States, or withdrawn from warehouse, for consumption during the period April 1, 2022, through the date that is two weeks after publication of this notice of amended final determinations in the Federal Register, where the entry has not been liquidated (and entries for which liquidation has not become final), importers should complete, sign, and date the Appendix VI importer certification, if applicable, and exporters should complete, sign, and date the Appendix VI exporter certification, if applicable, and provide a copy of the exporter certification to the importer, no later than 45 days after the date of publication of this notice of amended final determinations in the Federal Register. Importers and exporters each have the option to complete an Appendix VI certification covering multiple entries, individual Appendix VI certifications for each entry, or a combination thereof. The importer, or the importer’s agent, must submit both the importer’s certification and the exporter’s certification to CBP as part of the entry process by uploading them into the document imaging system (DIS) in ACE. Where the importer uses a broker to facilitate the entry process, it should obtain the entry summary number from the broker. Agents of the importer, such as brokers, however, are not permitted to certify on behalf of the importer. For Red Sun’s inquiry merchandise that was entered into the United States, or withdrawn from warehouse, for consumption, after the date that is two weeks after publication of this notice of amended final determinations in the Federal Register, the importer should complete, sign, and date the Appendix VI importer certification, if applicable, on, or prior to, the date of the entry summary, and the exporter should complete, sign, and date the Appendix VI exporter certification, if applicable, and provide a copy of the exporter PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 certification to the importer, on, or prior to, the date of shipment. Notification to Interested Parties We are issuing, and publishing notice of, this amended determination in accordance with section 516a(e) of the Tariff Act of 1930, as amended. Dated: November 5, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–26141 Filed 11–8–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–028] Antidumping Duty Order on Hydrofluorocarbon Blends From the People’s Republic of China: Final Negative Determination of Circumvention With Respect to R– 410B From Mexico Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that imports of R–410B from Mexico, which are completed in Mexico using components originating in the People’s Republic of China (China), and further processed in the United States, as specified below, are not circumventing the antidumping duty (AD) order on hydrofluorocarbon (HFC) blends from China. AGENCY: DATES: Applicable November 12, 2024. FOR FURTHER INFORMATION CONTACT: Ashley Cossaart, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0462. SUPPLEMENTARY INFORMATION: Background On July 2, 2024, Commerce published in the Federal Register its Preliminary Determination that imports of R–410B completed in Mexico using Chineseorigin HFC components and subsequently exported from Mexico to the United States are not circumventing the Order and invited interested parties to comment.1 On July 22, 2024, 1 See Antidumping Duty Order on Hydrofluorocarbon Blends from the People’s Republic of China: Preliminary Negative Determination of Circumvention With Respect to R– 410B from Mexico, 89 FR 54768 (July 2, 2024), E:\FR\FM\12NON1.SGM 12NON1

Agencies

[Federal Register Volume 89, Number 218 (Tuesday, November 12, 2024)]
[Notices]
[Pages 88969-88970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26141]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-979, C-570-980]


Antidumping and Countervailing Duty Orders on Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled Into Modules, From the 
People's Republic of China: Notice of Amended Final Affirmative 
Determination of Circumvention Pursuant to Settlement Agreement

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

SUMMARY: Pursuant to a settlement agreement with Red Sun Energy Long An 
Company Limited (Red Sun), the U.S. Department of Commerce (Commerce) 
is amending its final affirmative determination that Vietnamese Cells 
and Modules are circumventing the antidumping duty (AD) and 
countervailing duty (CVD) orders on crystalline silicon photovoltaic 
cells, whether or not assembled into modules (solar cells and modules), 
from the People's Republic of China (China).

DATES: Applicable November 12, 2024.

[[Page 88970]]


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 August 23, 2023, Commerce published its final affirmative 
determinations of circumvention of the AD and CVD orders on solar cells 
and modules from China.\1\ In the Final Circumvention Determinations, 
Commerce based its decision regarding Red Sun \2\ on adverse facts 
available (AFA) and, with the exception of the ``Applicable Entries'' 
certification, precluded importers and exporters from using the 
certifications that Commerce developed in the circumvention inquiry 
with respect to Red Sun's solar cells and modules.\3\
---------------------------------------------------------------------------

    \1\ See Antidumping and Countervailing Duty Orders on 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, from the People's Republic of China: Final Scope 
Determination and Final Affirmative Determinations of Circumvention 
With Respect to Cambodia, Malaysia, Thailand, and Vietnam, 88 FR 
57419 (August 23, 2023) (Final Circumvention Determinations).
    \2\ In the circumvention inquiry, Commerce referred to the 
company as Red Sun Energy Co., Ltd. See Red Sun's Letter ``Request 
for a Public Hearing'' dated January 6, 2023, at 1 (``. . . Red Sun 
Energy Long An Co., Ltd. (also known as, Red Sun Energy Co., Ltd.) . 
. .'').
    \3\ See Final Circumvention Determinations, 88 FR 57420-21 and 
Appendix II.
---------------------------------------------------------------------------

    Following publication of the Final Circumvention Determinations, 
Red Sun filed a lawsuit with the U.S. Court of International Trade 
(CIT) challenging Commerce's determination to apply AFA to Red Sun and 
preclude certain certifications from being used with respect to entries 
of Red Sun's solar cells and modules. On October 29, 2024, the United 
States and Red Sun entered into an agreement to settle and resolve all 
claims raised in Red Sun's complaint. Pursuant to the terms of the 
settlement and the stipulation for entry of judgment, Commerce is 
removing Red Sun from the list of companies in Appendix II of the Final 
Circumvention Determinations for which parties may not file the 
certifications that are in Appendix VI of the Final Circumvention 
Determinations. The CIT issued its order of judgment by stipulation on 
November 1, 2024.\4\
---------------------------------------------------------------------------

    \4\ See Order of Judgment by Stipulation, ECF No. 47, CIT No. 
23-00229 (November 1, 2024).
---------------------------------------------------------------------------

    Consistent with the settlement agreement and the November 1, 2024, 
order of judgment by stipulation, Commerce will notify U.S. Customs and 
Border Protection (CBP) that it has removed Red Sun from the list of 
companies for which parties may not file the certifications that are in 
Appendix VI of the Final Circumvention Determinations. Specifically, 
Commerce will instruct CBP that importers and exporters are permitted 
to use the certifications that are in Appendix VI of the Final 
Circumvention Determinations with respect to Red Sun's inquiry 
merchandise that is entered into the United States, or withdrawn from 
warehouse, for consumption, on or after April 1, 2022, the date of 
initiation of the circumvention inquiry.
    Specifically, for Red Sun's inquiry merchandise that was entered 
into the United States, or withdrawn from warehouse, for consumption 
during the period April 1, 2022, through the date that is two weeks 
after publication of this notice of amended final determinations in the 
Federal Register, where the entry has not been liquidated (and entries 
for which liquidation has not become final), importers should complete, 
sign, and date the Appendix VI importer certification, if applicable, 
and exporters should complete, sign, and date the Appendix VI exporter 
certification, if applicable, and provide a copy of the exporter 
certification to the importer, no later than 45 days after the date of 
publication of this notice of amended final determinations in the 
Federal Register. Importers and exporters each have the option to 
complete an Appendix VI certification covering multiple entries, 
individual Appendix VI certifications for each entry, or a combination 
thereof.
    The importer, or the importer's agent, must submit both the 
importer's certification and the exporter's certification to CBP as 
part of the entry process by uploading them into the document imaging 
system (DIS) in ACE. Where the importer uses a broker to facilitate the 
entry process, it should obtain the entry summary number from the 
broker. Agents of the importer, such as brokers, however, are not 
permitted to certify on behalf of the importer.
    For Red Sun's inquiry merchandise that was entered into the United 
States, or withdrawn from warehouse, for consumption, after the date 
that is two weeks after publication of this notice of amended final 
determinations in the Federal Register, the importer should complete, 
sign, and date the Appendix VI importer certification, if applicable, 
on, or prior to, the date of the entry summary, and the exporter should 
complete, sign, and date the Appendix VI exporter certification, if 
applicable, and provide a copy of the exporter certification to the 
importer, on, or prior to, the date of shipment.

Notification to Interested Parties

    We are issuing, and publishing notice of, this amended 
determination in accordance with section 516a(e) of the Tariff Act of 
1930, as amended.

    Dated: November 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-26141 Filed 11-8-24; 8:45 am]
BILLING CODE 3510-DS-P

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