Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the Socialist Republic of Vietnam: Amended Preliminary Determination of Less-Than-Fair-Value Investigation, 85-86 [2024-31449]

Download as PDF 85 Federal Register / Vol. 90, No. 1 / Thursday, January 2, 2025 / Notices Dated: December 26, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–31485 Filed 12–31–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–841] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the Socialist Republic of Vietnam: Amended Preliminary Determination of Less-Than-Fair-Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) is amending its preliminary affirmative determination in the less-than-fair-value (LTFV) investigation of crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells) from the Socialist Republic of Vietnam (Vietnam) to correct for a significant ministerial error. The period of investigation (POI) is October 1, 2023, through March 31, 2024. DATES: Applicable January 2, 2025. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Deborah Cohen, AD/ CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: NW, Washington, DC 20230; telephone: (202) 482–4243 or (202) 482–4521, respectively. SUPPLEMENTARY INFORMATION: Background On December 4, 2024, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of solar cells from Vietnam.1 On December 9, 2024, the American Alliance for Solar Manufacturing Trade Committee, a coalition of domestic producers of solar cells and modules (collectively, the petitioner), timely alleged that Commerce made a significant ministerial error in calculating Jinko Solar (Vietnam) Industries Co., Ltd.’s (Jinko) estimated weighted-average dumping margin.2 Scope of the Investigation The products covered by this investigation are solar cells from Vietnam. For a complete description of the scope of this investigation, see the Preliminary Determination. Legal Framework A ministerial error is defined as including ‘‘errors in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which {Commerce} considers ministerial.’’ 3 A ministerial error is considered to be ‘‘significant’’ if its correction, either singly or in combination with other errors, would result in: (1) a change of at least five absolute percentage points in, but not less than 25 percent of, the weightedaverage dumping margin calculated in the preliminary determination; or (2) a difference between a weighted-average dumping margin of zero (or de minimis) and a weighted-average dumping margin of greater than de minimis or vice versa.4 Pursuant to 19 CFR 351.224(e), Commerce ‘‘will analyze any comments received and, if appropriate, correct any significant ministerial error by amending the preliminary determination.’’ Analysis of Significant Ministerial Error In the Preliminary Determination, Commerce made a significant ministerial error within the meaning of section 735(e) of the Act and 19 CFR 351.224(f) and (g)(1) in calculating the estimated weighted-average dumping margin for Jinko. Accordingly, pursuant to 19 CFR 351.224(e), Commerce is amending its Preliminary Determination to correct for this significant ministerial error by revising the weighted-average dumping margins for Jinko and the nonindividually examined separate rate companies. For a detailed discussion of the alleged ministerial error, as well as Commerce’s analysis, see the Ministerial Error Memorandum.5 Amended Preliminary Determination As a result of correcting the significant ministerial error, Commerce determines the following estimated weighted-average dumping margins exist: Estimated weighted-average dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) (percent) Producer Exporter Jinko Solar (Vietnam) Industries Company Limited. Blue Moon Vina Co ............................................. Boviet Solar Technology Co., Ltd ....................... Elite Solar Technology (Vietnam) Company Limited. Letsolar Vietnam Company Limited .................... Mecen Solar Vina Co., Ltd .................................. Nexuns Vietnam Company Limited ..................... Trina Solar Energy Development Company Ltd Vietnergy Co., Ltd. and Tainergy Tech Co., Ltd. (collectively, Vietnergy). Jinko Solar (Vietnam) Industries Company Limited. Blue Moon Vina Co ............................................. Boviet Solar Technology Co., Ltd ....................... Elite SNG ............................................................. 71.85 71.74 60.02 60.02 60.02 6 60.02 Letsolar Vietnam Company Limited .................... Mecen Solar Vina Co., Ltd .................................. Nexuns Vietnam Company Limited ..................... Trina Solar Energy Development Company Ltd Vietnergy Co., Ltd. and Tainergy Tech Co., Ltd. (collectively, Vietnergy). 60.02 60.02 60.02 60.02 60.02 59.91 59.91 59.91 59.91 59.91 1 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules from the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, and Postponement of Final Determination and Extension of Provisional Measures, 89 FR 96219 (December 4, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. VerDate Sep<11>2014 17:23 Dec 31, 2024 Jkt 265001 2 See Petitioner’s Letter, ‘‘Ministerial Error Allegation,’’ dated December 9, 2024. 3 See section 735(e) of the Tariff Act of 1930, as amended (the Act); see also 19 CFR 351.224(f). 4 See 19 CFR 351.224(g). 5 See Memorandum, ‘‘Less-Than-Fair-Value Investigation of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the Socialist Republic of Vietnam: Ministerial Error Allegation Regarding the Preliminary PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 59.91 59.91 Determination,’’ dated concurrently with this notice (Ministerial Error Memorandum), at 2–3. 6 Commerce assigned Boviet Solar Technology Co., Ltd. a de minimis rate in the parallel countervailing duty investigation, and therefore, no subsidy offset was provided to Boviet in the LTFV investigation. E:\FR\FM\02JAN1.SGM 02JAN1 86 Federal Register / Vol. 90, No. 1 / Thursday, January 2, 2025 / Notices Producer Vietnam Sunergy Joint Stock Company (f.k.a. Vietnam Sunergy Company Limited). Disclosure We intend to disclose the calculations performed for this amended preliminary determination to parties within five days after public announcement or, if there is no public announcement, within five days of the date of publication of this notice, in accordance with 19 CFR 351.224(b). Amended Cash Deposits and Suspension of Liquidation The collection of cash deposits and suspension of liquidation will be revised according to the rates calculated in this amended preliminary determination, in accordance with section 733(d) of the Act. Because this amended preliminary determination results in an increased cash deposit rate, this rate will be effective on the date of publication of this notice in the Federal Register. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission (ITC) Notification In accordance with section 733(f) of the Act, Commerce will notify the ITC of our amended preliminary determination. Notification to Interested Parties This amended preliminary determination is issued and published in accordance with sections 733(d) and 777(i) of the Act, and 19 CFR 351.224(e). Dated: December 23, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–31449 Filed 12–31–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF EDUCATION ddrumheller on DSK120RN23PROD with NOTICES1 [Docket ID ED–2024–FSA–0103] Privacy Act of 1974; System of Records Federal Student Aid, U.S. Department of Education. ACTION: Notice of a modified system of records. AGENCY: In accordance with the Privacy Act of 1974, as amended SUMMARY: VerDate Sep<11>2014 17:23 Dec 31, 2024 Estimated weighted-average dumping margin (percent) Exporter Jkt 265001 Vietnam Sunergy Joint Stock Company (f.k.a. Vietnam Sunergy Company Limited). (Privacy Act), the U.S. Department of Education (Department) publishes this notice of a modified system of records titled ‘‘Enterprise Data Management and Analytics Platform Services (EDMAPS)’’ (18–11–22). The EDMAPS system is a data analytics platform that ingests data from multiple Federal Student Aid (FSA) systems of records to perform bigdata analytics on FSA data in one common location, produce reports and statistical models, and serve as a centralized repository of information about FSA customers across the full student aid life cycle. DATES: Submit your comments on this modified system of records notice on or before February 3, 2025. This modified system of records notice will become applicable upon publication in the Federal Register on January 2, 2025, except for new routine use (1)(e) that is outlined in the section entitled ‘‘ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES,’’ which will become applicable on February 3, 2025, unless it needs to be changed as a result of public comment. The Department will publish any changes to the modified system of records notice resulting from public comment. ADDRESSES: Comments must be submitted via the Federal eRulemaking Portal at regulations.gov. However, if you require an accommodation or cannot otherwise submit your comments via regulations.gov, please contact the program contact person listed under FOR FURTHER INFORMATION CONTACT. The Department will not accept comments submitted by fax or by email or those submitted after the comment period. To ensure that we do not receive duplicate copies, please submit your comments only once. In addition, please include the Docket ID at the top of your comments. • Federal eRulemaking Portal: Go to www.regulations.gov to submit your comments electronically. Information on using Regulations.gov, including instructions for accessing agency documents, submitting comments, and viewing the docket, is available on the site under ‘‘FAQ.’’ Privacy Note: The Department’s policy is to make comments received PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 60.02 Cash deposit rate (adjusted for subsidy offsets) (percent) 59.91 from members of the public available for public viewing in their entirety on the Federal eRulemaking Portal at www.regulations.gov. Therefore, commenters should be careful to include in their comments only information that they wish to make publicly available. Assistance to Individuals with Disabilities in Reviewing the Rulemaking Record: On request, we will provide an appropriate accommodation or auxiliary aid to an individual with a disability who needs assistance to review the comments or other documents in the public rulemaking record for this notice. If you want to schedule an appointment for this type of accommodation or auxiliary aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: Barry Goldstein, Chief Data Officer, Federal Student Aid, U.S. Department of Education, UCP, Room 64E1, 830 First Street NE, Washington, DC 20202–5454. Telephone: (202) 377–4563. Email: Barry.Goldstein@ed.gov. If you are deaf, hard of hearing, or have a speech disability and wish to access telecommunications relay services, please dial 7–1–1. SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act, the Department proposes to modify the system of records notice entitled, ‘‘Enterprise Data Management and Analytics Platform Services (EDMAPS)’’ (18–11–22), which was last published in full in the Federal Register on July 28, 2023 (88 FR 48824). The Department is modifying, in its entirety, subparagraph (7) of the second paragraph of the section entitled ‘‘AUTHORITY FOR MAINTENANCE OF THE SYSTEM’’ to read as follows: ‘‘Person Authentication Service (PAS) (18–11–12). The collection of personally identifiable information (PII) for the creation and management of a FSA ID (which includes a user ID and a password) in the PAS system of records is authorized programmatically by title IV of the HEA (20 U.S.C. 1070, et seq.) and the FAFSA Simplification Act (title VII, division FF of Pub. L. 116–260, the Consolidated Appropriations Act, 2021) (including, but not limited to, section 702(m) that amends section 483 of the HEA and section 703 that amends E:\FR\FM\02JAN1.SGM 02JAN1

Agencies

[Federal Register Volume 90, Number 1 (Thursday, January 2, 2025)]
[Notices]
[Pages 85-86]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31449]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-841]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the Socialist Republic of Vietnam: Amended 
Preliminary Determination of Less-Than-Fair-Value Investigation

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

SUMMARY: The U.S. Department of Commerce (Commerce) is amending its 
preliminary affirmative determination in the less-than-fair-value 
(LTFV) investigation of crystalline silicon photovoltaic cells, whether 
or not assembled into modules (solar cells) from the Socialist Republic 
of Vietnam (Vietnam) to correct for a significant ministerial error. 
The period of investigation (POI) is October 1, 2023, through March 31, 
2024.

DATES: Applicable January 2, 2025.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Deborah Cohen, AD/
CVD Operations, Office III, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4243 or (202) 
482-4521, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 4, 2024, Commerce published in the Federal Register its 
preliminary affirmative determination in the LTFV investigation of 
solar cells from Vietnam.\1\ On December 9, 2024, the American Alliance 
for Solar Manufacturing Trade Committee, a coalition of domestic 
producers of solar cells and modules (collectively, the petitioner), 
timely alleged that Commerce made a significant ministerial error in 
calculating Jinko Solar (Vietnam) Industries Co., Ltd.'s (Jinko) 
estimated weighted-average dumping margin.\2\
---------------------------------------------------------------------------

    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules from the Socialist Republic of Vietnam: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Preliminary Affirmative Determination of Critical 
Circumstances, in Part, and Postponement of Final Determination and 
Extension of Provisional Measures, 89 FR 96219 (December 4, 2024) 
(Preliminary Determination), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Petitioner's Letter, ``Ministerial Error Allegation,'' 
dated December 9, 2024.
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are solar cells from 
Vietnam. For a complete description of the scope of this investigation, 
see the Preliminary Determination.

Legal Framework

    A ministerial error is defined as including ``errors in addition, 
subtraction, or other arithmetic function, clerical error resulting 
from inaccurate copying, duplication, or the like, and any other 
similar type of unintentional error which {Commerce{time}  considers 
ministerial.'' \3\ A ministerial error is considered to be 
``significant'' if its correction, either singly or in combination with 
other errors, would result in: (1) a change of at least five absolute 
percentage points in, but not less than 25 percent of, the weighted-
average dumping margin calculated in the preliminary determination; or 
(2) a difference between a weighted-average dumping margin of zero (or 
de minimis) and a weighted-average dumping margin of greater than de 
minimis or vice versa.\4\ Pursuant to 19 CFR 351.224(e), Commerce 
``will analyze any comments received and, if appropriate, correct any 
significant ministerial error by amending the preliminary 
determination.''
---------------------------------------------------------------------------

    \3\ See section 735(e) of the Tariff Act of 1930, as amended 
(the Act); see also 19 CFR 351.224(f).
    \4\ See 19 CFR 351.224(g).
---------------------------------------------------------------------------

Analysis of Significant Ministerial Error

    In the Preliminary Determination, Commerce made a significant 
ministerial error within the meaning of section 735(e) of the Act and 
19 CFR 351.224(f) and (g)(1) in calculating the estimated weighted-
average dumping margin for Jinko. Accordingly, pursuant to 19 CFR 
351.224(e), Commerce is amending its Preliminary Determination to 
correct for this significant ministerial error by revising the 
weighted-average dumping margins for Jinko and the non-individually 
examined separate rate companies. For a detailed discussion of the 
alleged ministerial error, as well as Commerce's analysis, see the 
Ministerial Error Memorandum.\5\
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Less-Than-Fair-Value Investigation of 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules, from the Socialist Republic of Vietnam: Ministerial 
Error Allegation Regarding the Preliminary Determination,'' dated 
concurrently with this notice (Ministerial Error Memorandum), at 2-
3.
---------------------------------------------------------------------------

Amended Preliminary Determination

    As a result of correcting the significant ministerial error, 
Commerce determines the following estimated weighted-average dumping 
margins exist:
---------------------------------------------------------------------------

    \6\ Commerce assigned Boviet Solar Technology Co., Ltd. a de 
minimis rate in the parallel countervailing duty investigation, and 
therefore, no subsidy offset was provided to Boviet in the LTFV 
investigation.

----------------------------------------------------------------------------------------------------------------
                                                                                              Cash deposit rate
                                                                         Estimated weighted-    (adjusted for
                 Producer                            Exporter              average dumping     subsidy offsets)
                                                                          margin (percent)        (percent)
----------------------------------------------------------------------------------------------------------------
Jinko Solar (Vietnam) Industries Company   Jinko Solar (Vietnam)                      71.85                71.74
 Limited.                                   Industries Company Limited.
Blue Moon Vina Co........................  Blue Moon Vina Co...........               60.02                59.91
Boviet Solar Technology Co., Ltd.........  Boviet Solar Technology Co.,               60.02            \6\ 60.02
                                            Ltd.
Elite Solar Technology (Vietnam) Company   Elite SNG...................               60.02                59.91
 Limited.
Letsolar Vietnam Company Limited.........  Letsolar Vietnam Company                   60.02                59.91
                                            Limited.
Mecen Solar Vina Co., Ltd................  Mecen Solar Vina Co., Ltd...               60.02                59.91
Nexuns Vietnam Company Limited...........  Nexuns Vietnam Company                     60.02                59.91
                                            Limited.
Trina Solar Energy Development Company     Trina Solar Energy                         60.02                59.91
 Ltd.                                       Development Company Ltd.
Vietnergy Co., Ltd. and Tainergy Tech      Vietnergy Co., Ltd. and                    60.02                59.91
 Co., Ltd. (collectively, Vietnergy).       Tainergy Tech Co., Ltd.
                                            (collectively, Vietnergy).

[[Page 86]]

 
Vietnam Sunergy Joint Stock Company        Vietnam Sunergy Joint Stock                60.02                59.91
 (f.k.a. Vietnam Sunergy Company Limited).  Company (f.k.a. Vietnam
                                            Sunergy Company Limited).
----------------------------------------------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed for this amended 
preliminary determination to parties within five days after public 
announcement or, if there is no public announcement, within five days 
of the date of publication of this notice, in accordance with 19 CFR 
351.224(b).

Amended Cash Deposits and Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates calculated in this amended 
preliminary determination, in accordance with section 733(d) of the 
Act. Because this amended preliminary determination results in an 
increased cash deposit rate, this rate will be effective on the date of 
publication of this notice in the Federal Register. These suspension of 
liquidation instructions will remain in effect until further notice.

U.S. International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the ITC of our amended preliminary determination.

Notification to Interested Parties

    This amended preliminary determination is issued and published in 
accordance with sections 733(d) and 777(i) of the Act, and 19 CFR 
351.224(e).

    Dated: December 23, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-31449 Filed 12-31-24; 8:45 am]
BILLING CODE 3510-DS-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.