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 Results of Countervailing Duty Administrative Review; Notice of Amended Final Results, 106429-106430 [2024-31190]

Download as PDF Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 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 The following deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies listed above will be equal to the weighted-average dumping margin that is established in the ‘‘Final Results of Review’’; (2) for previously investigated or reviewed companies not subject to this review, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the company participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-than-fair-value (LTFV) investigation, but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of the proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers and exporters will continue to be 9.10 percent ad valorem, the allothers rate established in the LTFV investigation.9 These cash deposit requirements, when imposed, shall remain in effect until further notice. ddrumheller on DSK120RN23PROD with NOTICES1 Notification to Importers Regarding the Reimbursement of Duties This notice also 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 duties prior to liquidation of the relevant entries during the POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. 9 See Order. VerDate Sep<11>2014 23:58 Dec 27, 2024 Jkt 265001 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 the terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(1). Dated: December 19, 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. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: The Appropriate Source for Construction Value Profit and Indirect Selling Expenses Comment 2: Whether to Revise Amatei’s Profit and Indirect Selling Expense Ratios Comment 3: Whether to Deduct All Section 232 Duties VI. Recommendation [FR Doc. 2024–31080 Filed 12–27–24; 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 Results of Countervailing Duty Administrative Review; Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 18, 2024, the U.S. Court of International Trade (CIT) AGENCY: PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 106429 issued its final judgment in Risen Energy Co., Ltd., v. United States, Court No. 23–00153, sustaining the U.S. Department of Commerce’s (Commerce) 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, 2020 through December 31, 2020. 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 rate assigned to producer and/ or exporter Risen Energy Co., Ltd. (Risen). DATES: Applicable December 28, 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) 482–2316. SUPPLEMENTARY INFORMATION: Background On July 11, 2023, Commerce published its Final Results in the 2020 CVD administrative review of solar cells from China. Commerce found that the Government of China failed to cooperate to the best of its ability and, as adverse facts available, found that Risen used and benefited from the Export Buyer’s Credit Program (EBCP).1 After correcting ministerial errors contained in the Final Results, on August 11, 2023, Commerce published the Amended Final Results, where we corrected the calculation of the countervailable subsidy rate for Risen from 14.27 percent to 18.95 percent.2 Risen appealed Commerce’s Final Results/Amended Final Results to the CIT. On August 16, 2024, the CIT remanded the Final Results/Amended Final Results to Commerce. The CIT directed Commerce on remand to either attempt verification of the non-use certifications to determine more accurately what proportion of the sales 1 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China: Final Results of Countervailing Duty Administrative Review; 2020, 88 FR 44108 (July 11, 2023) (Final Results), and accompanying Issues and Decision Memorandum (IDM). 2 See Notice of Correction to the Final Results, and Amended Final Results of Countervailing Duty Administrative Review; 2020 (August 11, 2023) (Amended Final Results). E:\FR\FM\30DEN1.SGM 30DEN1 106430 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices Risen is able to account for, or to remove at least the portion of the EBCP rate attributable to the customers demonstrating non-use from the calculation of Risen’s overall subsidy rate.3 In its final Remand Redetermination,4 issued in November 2024, Commerce found that pro-rating Risen’s subsidy rate to account for the number of nonuse certifications provided by its U.S. customers is inconsistent with Commerce’s practice and the AFA hierarchy. Commerce removed the 5.46 percent EBCP AFA rate from Risen’s total countervailable subsidy rate.5 The CIT sustained Commerce’s Remand Redetermination.6 Timken Notice In its decision in Timken,7 as clarified by Diamond Sawblades,8 the 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 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 December 18, 2024, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Results/Amended Final Results. Thus, this notice is published in fulfillment of the publication requirements of Timken. ddrumheller on DSK120RN23PROD with NOTICES1 Amended Final Results Because there is now a final court judgment, Commerce is amending its Final Results and Amended Final Results with respect to producer and/or exporter Risen’s countervailable subsidy rate for the period of January 1, 2020, through December 31, 2020, as follows: 3 See Risen Energy, Co., Ltd., v. United States, 724 F.Supp.3d 1356 (CIT 2024). 4 See Final Results of Redetermination Pursuant to Court Remand, Risen Energy Co., Ltd., v. United States Court No. 23–00153, Slip Op. 2–94 (CIT August 16, 2024), dated November 13, 2024 (Remand Redetermination), available at https:// access.trade.gov/public/ FinalRemandRedetermination.aspx. 5 Id. 6 See Risen Energy Co., Ltd., v. United States, Slip Op. 24–144 (CIT 2024). 7 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 8 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 9 This rate applies Risen Energy Co., Ltd. and its cross-owned companies: Risen Energy (Luoyang) Co., Ltd.; Risen Energy (Wuhai) Co., Ltd.; Risen Energy (Changzhou) Co., Ltd.; Risen Energy (Ningbo) Co., Ltd.; Risen Energy (Yiwu) Co., Ltd.; Zhejiang Boxin Investment Co., Ltd.; Zhejiang Twinsel Electronic Technology Co., Ltd.; Jiangsu Sveck New Material Co., Ltd.; Changzhou Sveck VerDate Sep<11>2014 23:58 Dec 27, 2024 Jkt 265001 Subsidy rate (percent ad valorem) Producer/ exporter DEPARTMENT OF COMMERCE International Trade Administration [A–533–823] Risen Energy Co., Ltd.9 ........... 13.49 Cash Deposit Requirements Because Risen does not have a superseding cash deposit rate, Commerce will issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP). 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 were entered, or withdrawn from warehouse, for consumption during the period January 1, 2020 through December 31, 2020. 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 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,10 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: December 20, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–31190 Filed 12–27–24; 8:45 am] Silicomanganese From India: Final Results and Partial Rescission of Antidumping Duty Administrative Review; 2022–2023 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) finds that Maithan Alloys Limited (MAL) made sales of subject merchandise at less than normal value during the period of review (POR) May 1, 2022, through April 30, 2023. Additionally, we are rescinding the review with respect to Rajadhiraj Tirupani Vinayak Natraj Pvt. Ltd. (RTVN), because we find that it had no shipments of subject merchandise during the POR. DATES: Applicable December 30, 2024. FOR FURTHER INFORMATION CONTACT: Sarah Keith, 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) 482–0264. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 11, 2024, Commerce published the preliminary results of the 2022–2023 administrative review of the antidumping duty order on silicomanganese from India.1 We invited interested parties to comment on the Preliminary Results.2 No interested parties submitted comments; thus, no decision memoranda accompany this notice. The Preliminary Results are hereby adopted as the final results of this review. Commerce conducted this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). On October 16, 2024, in accordance with section 751(a)(3)(A) of the Act, Commerce extended the deadline for the final results of this review by 60 days, until December 16, 2024.3 On December 9, BILLING CODE 3510–DS–P Photovoltaic New Material Co., Ltd. (including Changzhou Sveck Photovoltaic New Material Co., Ltd. Jintan Danfeng Road Branch); Changzhou Sveck New Material Technology Co., Ltd.; Ninghai Risen Energy Power Development Co., Ltd.; Risen (Ningbo) Electric Power Development Co., Ltd.; Changzhou Jintan Ningsheng Electricity Power Co., Ltd.; and Risen (Changzhou) Import and Export Co., Ltd. 10 See 19 CFR 351.106(c)(2). PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 1 See Silicomanganese from India: Preliminary Results, Preliminary Results of Antidumping Duty Administrative Review and Intent to Rescind, in Part; 2022–2023, 89 FR 49152 (June 11, 2024) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Preliminary Results, 89 FR at 49153. 3 See Memorandum, ‘‘Extension of Deadline for Final Results of Countervailing [sic] Duty Administrative Review,’’ dated October 16, 2024. The memorandum title should read, ‘‘Extension of Deadline for Final Results of Antidumping Duty Administrative Review.’’ E:\FR\FM\30DEN1.SGM 30DEN1

Agencies

[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106429-106430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31190]


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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 Results of Countervailing Duty 
Administrative Review; Notice of Amended Final Results

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 18, 2024, the U.S. Court of International Trade 
(CIT) issued its final judgment in Risen Energy Co., Ltd., v. United 
States, Court No. 23-00153, sustaining the U.S. Department of 
Commerce's (Commerce) 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, 2020 through December 31, 2020. 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 
rate assigned to producer and/or exporter Risen Energy Co., Ltd. 
(Risen).

DATES: Applicable December 28, 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) 482-2316.

SUPPLEMENTARY INFORMATION: 

Background

    On July 11, 2023, Commerce published its Final Results in the 2020 
CVD administrative review of solar cells from China. Commerce found 
that the Government of China failed to cooperate to the best of its 
ability and, as adverse facts available, found that Risen used and 
benefited from the Export Buyer's Credit Program (EBCP).\1\
---------------------------------------------------------------------------

    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from the People's Republic of China: Final 
Results of Countervailing Duty Administrative Review; 2020, 88 FR 
44108 (July 11, 2023) (Final Results), and accompanying Issues and 
Decision Memorandum (IDM).
---------------------------------------------------------------------------

    After correcting ministerial errors contained in the Final Results, 
on August 11, 2023, Commerce published the Amended Final Results, where 
we corrected the calculation of the countervailable subsidy rate for 
Risen from 14.27 percent to 18.95 percent.\2\
---------------------------------------------------------------------------

    \2\ See Notice of Correction to the Final Results, and Amended 
Final Results of Countervailing Duty Administrative Review; 2020 
(August 11, 2023) (Amended Final Results).
---------------------------------------------------------------------------

    Risen appealed Commerce's Final Results/Amended Final Results to 
the CIT. On August 16, 2024, the CIT remanded the Final Results/Amended 
Final Results to Commerce. The CIT directed Commerce on remand to 
either attempt verification of the non-use certifications to determine 
more accurately what proportion of the sales

[[Page 106430]]

Risen is able to account for, or to remove at least the portion of the 
EBCP rate attributable to the customers demonstrating non-use from the 
calculation of Risen's overall subsidy rate.\3\
---------------------------------------------------------------------------

    \3\ See Risen Energy, Co., Ltd., v. United States, 724 F.Supp.3d 
1356 (CIT 2024).
---------------------------------------------------------------------------

    In its final Remand Redetermination,\4\ issued in November 2024, 
Commerce found that pro-rating Risen's subsidy rate to account for the 
number of non-use certifications provided by its U.S. customers is 
inconsistent with Commerce's practice and the AFA hierarchy. Commerce 
removed the 5.46 percent EBCP AFA rate from Risen's total 
countervailable subsidy rate.\5\ The CIT sustained Commerce's Remand 
Redetermination.\6\
---------------------------------------------------------------------------

    \4\ See Final Results of Redetermination Pursuant to Court 
Remand, Risen Energy Co., Ltd., v. United States Court No. 23-00153, 
Slip Op. 2-94 (CIT August 16, 2024), dated November 13, 2024 (Remand 
Redetermination), available at https://access.trade.gov/public/FinalRemandRedetermination.aspx.
    \5\ Id.
    \6\ See Risen Energy Co., Ltd., v. United States, Slip Op. 24-
144 (CIT 2024).
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Timken Notice

    In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\ 
the 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 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 December 18, 
2024, judgment constitutes a final decision of the CIT that is not in 
harmony with Commerce's Final Results/Amended Final Results. Thus, this 
notice is published in fulfillment of the publication requirements of 
Timken.
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    \7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \8\ See Diamond Sawblades Manufacturers Coalition 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 and Amended Final Results with respect to producer 
and/or exporter Risen's countervailable subsidy rate for the period of 
January 1, 2020, through December 31, 2020, as follows:
---------------------------------------------------------------------------

    \9\ This rate applies Risen Energy Co., Ltd. and its cross-owned 
companies: Risen Energy (Luoyang) Co., Ltd.; Risen Energy (Wuhai) 
Co., Ltd.; Risen Energy (Changzhou) Co., Ltd.; Risen Energy (Ningbo) 
Co., Ltd.; Risen Energy (Yiwu) Co., Ltd.; Zhejiang Boxin Investment 
Co., Ltd.; Zhejiang Twinsel Electronic Technology Co., Ltd.; Jiangsu 
Sveck New Material Co., Ltd.; Changzhou Sveck Photovoltaic New 
Material Co., Ltd. (including Changzhou Sveck Photovoltaic New 
Material Co., Ltd. Jintan Danfeng Road Branch); Changzhou Sveck New 
Material Technology Co., Ltd.; Ninghai Risen Energy Power 
Development Co., Ltd.; Risen (Ningbo) Electric Power Development 
Co., Ltd.; Changzhou Jintan Ningsheng Electricity Power Co., Ltd.; 
and Risen (Changzhou) Import and Export Co., Ltd.

------------------------------------------------------------------------
                                                               Subsidy
                                                                 rate
                     Producer/ exporter                      (percent ad
                                                               valorem)
------------------------------------------------------------------------
Risen Energy Co., Ltd.\9\..................................        13.49
------------------------------------------------------------------------

Cash Deposit Requirements

    Because Risen does not have a superseding cash deposit rate, 
Commerce will issue revised cash deposit instructions to U.S. Customs 
and Border Protection (CBP).

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 
were entered, or withdrawn from warehouse, for consumption during the 
period January 1, 2020 through December 31, 2020. 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 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,\10\ we will instruct CBP to liquidate the 
appropriate entries without regard to countervailing duties.
---------------------------------------------------------------------------

    \10\ 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: December 20, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-31190 Filed 12-27-24; 8:45 am]
BILLING CODE 3510-DS-P
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