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]
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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withdrawn from warehouse, for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.
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23:58 Dec 27, 2024
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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
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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).
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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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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