This notice announces AMS's certification that the Virginia Department of Agriculture and Consumer Services is meeting the criteria required to perform official services at export port locations in the state of Virginia. It also announces that the Wisconsin Department of Agriculture, Trade and Consumer Protection is meeting the criteria required to perform official services at export port locations in Wisconsin and at export port locations at the Port of Duluth in Minnesota. 1 The USGSA (7 U.S.C. 79(e)) requires the Secretary of Agriculture (Secretary) to certify, every five years, that each state agency with a delegation of authority is meeting the criteria for carrying out export inspections on behalf of the Secretary (7 U.S.C. 79(f)(1)(A)). Under the certification process prescribed by the statute, the Secretary must: (1) publish in the Federal Register a notice of intent to certify a state agency and provide a 30-day period for public comment; (2) evaluate the public comments received and, in accordance with section 79(e)(3) of the Act, conduct an investigation to determine whether the state agency is qualified; (3) make findings based on the public comments received and the investigation conducted; and (4) publish a notice in the Federal Register announcing whether the certification has been granted and describing the basis on which the Secretary made the decision.

For more information about the delegation and certification processes, please see 7 CFR 800.195. Table 1 provides relevant information about the delegations of authority to the Virginia and Wisconsin state agencies to perform official services at export port locations.

AMS published a notice of intent to certify the Virginia Department of Agriculture and Consumer Services in the March 30, 2023, edition of the Federal Register (88 FR 19051). This notice included a request for comments on the quality of services the state agency provided at export port locations in Virginia. Comments were due 30 days after the date of publication.

AMS did not receive any negative comments regarding the state agency's performance. In the absence thereof, AMS reviewed and considered performance feedback and data that it collected on the state agency ( e.g., grading accuracy, equipment testing, equipment monitoring, and adherence to testing protocols for mycotoxins and falling number values) and conducted an onsite compliance review. The compliance review evaluated the state agency's ability to: (1) provide timely, accurate, and non-discriminatory services (issuance of certificates); (2) implement a quality assurance program; (3) conduct routine testing of equipment and scales; (4) designate a qualified manager to oversee the execution of these required duties; and (5) meet other requirements as specified in section 79(f)(1)(A) of the USGSA.

AMS also conducted an investigation to determine whether the Virginia state agency is qualified to perform official services under section 79(e)(3) of the USGSA. Pursuant to this section, AMS consulted with USDA's Office of Inspector General (OIG), the Department of Justice (DOJ), and the Government Accountability Office (GAO). 2 Neither the compliance review nor the consultations produced findings that would negatively impact the Virginia state agency's ability to perform official services at export port locations. Accordingly, AMS certifies that the Virginia Department of Agriculture and Consumer Services is meeting the criteria required to perform official services at export port locations in Virginia.

AMS published a notice of intent to certify the Wisconsin Department of Agriculture, Trade and Consumer Protection in the March 30, 2023, edition of the Federal Register (88 FR 19051). This notice included a request for comments on the quality of services the state agency provided at export port locations. Comments were due 30 days after the date of publication.

AMS did not receive any negative comments regarding the state agency's performance. In the absence thereof, AMS reviewed and considered performance feedback and data that it collected on the state agency ( e.g., grading accuracy, equipment testing, equipment monitoring, and adherence to testing protocols for mycotoxins and falling number values) and conducted an onsite compliance review. The compliance review evaluated the state agency's ability to: (1) provide timely, accurate, and non-discriminatory services (issuance of certificates); (2) implement a quality assurance program; (3) conduct routine testing of equipment and scales; (4) designate a qualified manager to oversee the execution of these required duties; and (5) meet other requirements as specified in section 79(f)(1)(A) of the USGSA.

AMS also conducted an investigation to determine whether the Wisconsin state agency is qualified to perform official services under section 79(e)(3) of the USGSA. Pursuant to this section, AMS consulted with USDA's OIG, DOJ, and GAO. Neither the compliance review nor the consultations produced findings that would negatively impact the Wisconsin state agency's ability to perform official services at export port locations. Accordingly, AMS certifies that the Wisconsin State Department of Agriculture, Trade and Consumer Protection is meeting the criteria required to provide official services at export port locations in Wisconsin and the Port of Duluth in Minnesota.

This notice announces AMS's designation of certain official agencies, or the renewal of their designation, to provide official services at locations other than export port locations (See Table 2). Section 79(f) of the USGSA authorizes the Secretary to designate a qualified applicant to provide official services in a specified area after determining that the applicant is better able than any other applicant to provide such official services. A designated agency may provide official inspection services and/or Class X or Class Y weighing services at locations other than export port locations. Under section 79(g) of the USGSA, designations of official agencies are effective for no longer than five years but may be renewed according to the criteria and procedures prescribed in section 79(f) of the Act. For more information about the designation process, please see 7 CFR 800.196. To view the applications for these areas, please contact FGISQACD@usda.gov .

AMS sought applications from interested private and state entities to provide official inspection and weighing services in the geographic areas listed in Tables 2 and 3. AMS also requested comments on the services provided by the official agencies. The requests were published in the Federal Register , and each offered a 30-day comment period from the publication date. AMS did not receive any negative comments regarding the performance of the official agencies. Table 3, below, identifies the editions of the Federal Register in which AMS provided notice of the designation opportunities for the listed geographic areas and requested comments on the listed official agencies.

AMS reviewed and considered performance feedback and data that it collected on the designated agencies ( e.g., grading accuracy, equipment testing, equipment monitoring, and adherence to testing protocols for mycotoxins and falling number values) and conducted onsite compliance reviews. As part of these reviews, AMS evaluated: (1) the agencies' past compliance and supervision audit results; (2) quality program performance; (3) stability, quality, and consistency of service; (4) cooperation with FGIS; (5) adequacy of resources; (6) timely service and issuance of certificates; and (7) cost of inspection services. If instances of noncompliance were found, agencies were required to correct the issues before their performance review was finalized.

The official agencies listed in Tables 2 and 3 were the only applicants for designation in those geographic areas, with the exception of the Southeast Texas area. In the July 18, 2024 Federal Register (89 FR 58327), AMS requested comments about the need for USGSA inspection and weighing services in the Southeast Texas area as well as applications for designation to provide official services in that area. AMS received designation applications from Midsouth Grain Inspection Service (Midsouth) and Grain Inspection Services of Texas (GIST). In the September 16, 2024, edition of the Federal Register , AMS requested comments on both applicants. Midsouth is currently a designated official agency in good standing with AMS and the industry, with over 45 years of experience as an official agency. GIST is currently a designated official agency in good standing with AMS and the industry with less than one year of experience as an official agency.

In analyzing applications for the Southeast Texas area, AMS evaluated applicants by considering the designation criteria in Section 79(f) of the USGSA (7 U.S.C. 79(f)), the recent audit report for Midsouth detailing the applicant's performance of the designation criteria, customers' experience with the official service provider, public comments received related to the designation opportunity notice (89 FR 75526), current service agreements, and details provided in the application. Applications generally include information on an applicant's business plan to service the area, active licenses and service availability, fees, overall service costs, and proximity to customers and facilities. Midsouth meets the designation criteria established under the USGSA and is operating with comparable costs for most service requests. GIST is a new entity with less than one year of experience as an official agency. After considering all of the available information concerning both agencies, AMS determined that the Southeast Texas area should be awarded to Midsouth at this time.

The Commission on Civil Rights is correcting its notice of the Rhode Island Advisory Committee that published in the Federal Register on April 4, 2025, 90 FR 14776.

In the Federal Register of Friday, April 4, 2025, in FR Doc. 2025-05761, in the third column of page 14776, correct the DATES caption to read:

Committee meetings are available to the public through the videoconference link above. Any interested member of the public may listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. Per the Federal Advisory Committee Act, public minutes of the meeting will include a list of persons who are present at the meeting. If joining via phone, callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Closed captioning will be available for individuals who are deaf, hard of hearing, or who have certain cognitive or learning impairments. To request additional accommodations, please email Angelica Trevino, Support Services Specialist, at atrevino@usccr.gov at least 10 business days prior to the meeting.

Members of the public are entitled to make comments during the open period at the end of the meeting. Members of the public may also submit written comments; the comments must be received in the Regional Programs Unit within 30 days following the meeting. Written comments can be sent via email to Ana Fortes (DFO) at afortes@usccr.gov .

Records generated from this meeting may be inspected and reproduced at the Regional Programs Coordination Unit Office, as they become available, both before and after the meeting. Records of the meetings will be available via www.facadatabase.gov under the Commission on Civil Rights, Arizona Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission's website, http://www.usccr.gov, or may contact the Regional Programs Coordination Unit at atrevino@usccr.gov.

Exceptional Circumstance: Pursuant to 41 CFR 102-3.150, the notice for this meeting is given less than 15 calendar days prior to the meeting due to the availability of staff and the Committee.

This committee meeting is available to the public through the registration link above. Any interested member of the public may listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. Per the Federal Advisory Committee Act, public minutes of the meeting will include a list of persons who are present at the meeting. If joining via phone, callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Closed captioning will be available for individuals who are deaf, hard of hearing, or who have certain cognitive or learning impairments. To request additional accommodations, please email Liliana Schiller, Support Services Specialist, at lschiller@usccr.gov at least 10 business days prior to the meeting.

Members of the public are entitled to submit written comments; the comments must be received in the regional office within 30 days following the meeting. Written comments may be emailed to Ana Victoria Fortes at afortes@usccr.gov. Persons who desire additional information may contact the Regional Programs Coordination Unit at (202) 681-0857.

Records generated from this meeting may be inspected and reproduced at the Regional Programs Coordination Unit, as they become available, both before and after the meeting. Records of the meeting will be available via the file sharing website, www.box.com. Persons interested in the work of this Committee are directed to the Commission's website, http://www.usccr.gov, or may contact the Regional Programs Coordination Unit at the above phone number.

Exceptional Circumstance: Pursuant to 41 CFR 102-3.150, the notice for this meeting is given less than 15 calendar days prior to the meeting due to the availability of staff and the Committee.

Any interested member of the public may attend the meetings via the links above. Before adjourning the meetings, the committee chair will announce that any member of the public may make a brief oral statement, as time allows. Per the Federal Advisory Committee Act, public minutes of meetings will include a list of persons who are present at meetings. If joining via phone, callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Closed captioning is available by selecting “CC” in the meeting platform. To request additional accommodations, please email ebohor@usccr.gov at least 10 business days prior to each meeting.

Members of the public are entitled to submit written comments; the comments must be received in the regional office within 30 days following scheduled meetings. Written comments may be emailed to Evelyn Bohor at ebohor@usccr.gov; please include Colorado Committee in the subject line of the transmitting email. Persons who desire additional information may contact the Regional Programs Coordination Unit at 1-312-353-8311.

Records generated from these meetings may be inspected and reproduced at the Regional Programs Coordination Unit Office, as they become available, both before and after each meeting. Records of the meetings will be available via the file sharing website: https://usccr.box.com/s/aq52obvbs8uhkx2a0198po94elwbf2vl. Persons interested in the work of this Committee are directed to the Commission's website, http://www.usccr.gov, or may contact the Regional Programs Coordination Unit at ebohor@usccr.gov.

Exceptional Circumstance: Pursuant to 41 CFR 102-3.150, the notice for this meeting is given less than 15 calendar days prior to the meeting because of the exceptional circumstance of the committee's limited time left in their term and their desire to hold an additional meeting to advance their project.

Background

On April 22, 2025, the Secretary of Commerce initiated an investigation under Section 232 (19 U.S.C. 1862) to determine the effects on national security of imports of medium-duty trucks, heavy-duty trucks, and medium- and heavy-duty truck parts, and their derivatives.

The term “medium-duty trucks” means trucks with a gross vehicle weight of more than 10,000 and under 26,001 pounds. The term “heavy-duty trucks” means trucks with a gross vehicle weight rating of 26,001 pounds or more. For the purposes of this investigation, trucks are motor vehicles for the transport of goods. The term “medium- and heavy-duty truck parts” refers to the individual components and systems of medium- and heavy-duty trucks, including engines and engine parts, transmissions and powertrain parts, and electrical components. Hereafter, “medium-duty trucks,” heavy-duty trucks,” and “medium- and heavy-duty truck parts” shall be referred to collectively as “trucks and truck parts.”

This investigation is being undertaken in accordance with part 705 of the National Security Industrial Base Regulations (15 CFR parts 700 to 709) (NSIBR). Interested parties are invited to submit written comments, data, analyses, or information pertinent to this investigation to BIS's Office of Strategic Industries and Economic Security no later than May 16, 2025. The Department is particularly interested in comments and information directed at the criteria listed in § 705.4 of the regulations as they affect national security, including the following:

(i) The current and projected demand for trucks and truck parts in the United States;

(ii) The extent to which domestic production of trucks and truck parts can meet domestic demand;

(iii) The role of foreign supply chains, particularly of major exporters, in meeting United States demand for trucks and truck parts;

(iv) The concentration of United States imports of trucks and truck parts from a small number of suppliers and the associated risks;

(v) The impact of foreign government subsidies and predatory trade practices on the competitiveness of the medium- and heavy-duty truck industry in the United States;

(vi) The economic impact of artificially suppressed prices of trucks and truck parts due to foreign unfair trade practices and state-sponsored overproduction;

(vii) The potential for export restrictions by foreign nations, including the ability of foreign nations to weaponize their control over supplies of trucks and truck parts;

(viii) The feasibility of increasing domestic capacity for trucks and truck parts to reduce import reliance;

(ix) The impact of current trade policies on domestic production of trucks and truck parts, and whether additional measures, including tariffs or quotas, are necessary to protect national security; and

(x) Any other relevant factors.

Material submitted by members of the public that is business confidential information will be exempted from public disclosure as provided for by § 705.6 of the regulations (see the ADDRESSES section of this notice). Communications from agencies of the United States Government will not be made available for public inspection. BIS does not maintain a separate public inspection facility. Requesters should first view the Bureau's web page, which can be found at: https://efoia.bis.doc.gov/ (see “Electronic FOIA” heading). If requesters cannot access the website, they may call (202) 482-0795 for assistance. The records related to this assessment are made accessible in accordance with the regulations published at 15 CFR 4.1, et seq.

Background

On April 15, 2025, the President issued Executive Order 14272, Ensuring National Security and Economic Resilience through Section 232 Actions on Processed Critical Minerals and Derivative Products (90 FR 16437), instructing the Secretary of Commerce (“Secretary”) to initiate an investigation under Section 232 (19 U.S.C. 1862) to determine the effects on national security of imports of processed critical minerals and derivative products. On April 22, 2025, the Secretary of Commerce initiated the Section 232 investigation.

Executive Order 14272 defines the following terms as used in this notice. The term “critical minerals” means those minerals included in the “Critical Minerals List” published by the United States Geological Survey (USGS) pursuant to section 7002(c) of the Energy Act of 2020 (30 U.S.C. 1606) at 87 FR 10381, or any subsequent such list. The term “critical minerals” also includes uranium. The term “rare earth elements” means the 17 elements identified as rare earth elements by the Department of Energy (DOE) in the April 2020 publication, “Critical Materials Rare Earths Supply Chain.” Generally, rare earth elements are considered a subset of critical minerals. The term also includes any additional elements that either the USGS or DOE determines in any subsequent official report or publication should be considered rare earth elements. The term “processed critical minerals” refers to critical minerals that have undergone the activities that occur after critical mineral ore is extracted from a mine up through its conversion into a metal, metal powder, or a master alloy. These activities specifically occur beginning from the point at which ores are converted into oxide concentrates; separated into oxides; and converted into metals, metal powders, and master alloys. The term “derivative products” includes all goods that incorporate processed critical minerals as inputs. These goods include semi-finished goods ( e.g., anodes and cathodes) as well as final products ( e.g., motors, batteries, radar systems, wind turbines and their components, and advanced optical devices).

This investigation is being undertaken in accordance with part 705 of the National Security Industrial Base Regulations (15 CFR parts 700 to 709) (NSIBR). Interested parties are invited to submit written comments, data, analyses, or information pertinent to this investigation to BIS's Office of Strategic Industries and Economic Security no later than May 16, 2025. The Department is particularly interested in comments and information directed at the criteria listed in § 705.4 of the regulations as they affect national security, including the following:

(i) Identification of United States imports of all processed critical minerals and derivative products;

(ii) The foreign sources by percentage and volume of all processed critical mineral imports and derivative product imports, the specific types of risks that may be associated with each source by country, and those source countries deemed to be of significant risk;

(iii) An analysis of the distortive effects of the predatory economic, pricing, and market manipulation strategies and practices used by countries that process critical minerals that are exported to the United States, including the distortive effects on domestic investment and the viability of United States production, as well as an assessment of how such strategies and practices permit such countries to maintain their control over the critical minerals processing sector and distort United States market prices for derivative products;

(iv) An analysis of the demand for processed critical minerals by manufacturers of derivative products in the United States and globally, including an assessment of the extent to which such manufacturers' demand for processed critical minerals originates from countries identified under questions (ii) and (iii) of this notice;

(v) A review and risk assessment of global supply chains for processed critical minerals and their derivative products;

(vi) An analysis of the current and potential capabilities of the United States to process critical minerals and their derivative products;

(vii) The dollar value of the current level of imports of all processed critical minerals and derivative products by total value and country of export; and

(viii) Any other relevant factors.

Material submitted by members of the public that is business confidential information will be exempted from public disclosure as provided for by § 705.6 of the regulations (see the ADDRESSES section of this notice). Communications from agencies of the United States Government will not be made available for public inspection. BIS does not maintain a separate public inspection facility. Requesters should first view the Bureau's web page, which can be found at: https://efoia.bis.doc.gov/ (see “Electronic FOIA” heading). If requesters cannot access the website, they may call (202) 482-0795 for assistance. The records related to this assessment are made accessible in accordance with the regulations published at 15 CFR 4.1, et seq.

On October 4, 2024, Commerce published in the Federal Register its preliminary determination in the countervailing duty (CVD) investigation of alkyl phosphate esters from China and invited interested parties to comment. 1 In the Preliminary Determination, and in accordance with section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(b)(4), Commerce aligned the final CVD determination with the final determination in the less-than-fair-value investigation of alkyl phosphate esters. 2 On January 3, 2025, Commerce released its Post-Preliminary Analysis. 3

For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 4 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). ACCESS 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.

The products covered by this investigation are alkyl phosphate esters from China. For a complete description of the scope of the investigation, see Appendix I.

We received no comments from interested parties on the scope of the investigation as it appeared in the Preliminary Determination. Therefore, we made no changes to the scope of the investigation.

As provided in section 782(i) of the Act, Commerce conducted verification of the subsidy information reported by company respondents Anhui RunYue Technology Co., Ltd. (Anhui RunYue) and Zhejiang Wansheng Technology Co., Ltd. (Zhejiang Wansheng), and the Government of China's questionnaire responses pertaining to the Export Buyer's Credit Program. 5

The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs by parties in this investigation, are discussed in the Issues and Decision Memorandum. For a list of the issues raised by parties, and to which we responded in the Issues and Decision Memorandum, see Appendix II.

Commerce conducted this investigation in accordance with section 701 of the Act. For each of the subsidy programs found to be countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an “authority” that gives rise to a benefit to the recipient, and that the subsidy is specific. 6 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. In making this final determination, Commerce relied, in part, on facts otherwise available, including with an adverse inference, pursuant to sections 776(a) and (b) of the Act. For a full discussion of our application of adverse facts available (AFA), see the Preliminary Determination   7 and the Issues and Decision Memorandum at Comments 2, 6, and 8.

Based on our review and analysis of the information received during verification and comments received from parties, for this final determination, we made certain changes to the countervailable subsidy rate calculations for Anhui RunYue, Zhejiang Wansheng, and all other producers/exporters. For a discussion of these changes, see the Issues and Decision Memorandum.

In accordance with section 705(c)(1)(B)(i) of the Act, we calculated an individual estimated countervailable subsidy rate for the two mandatory respondents, Anhui RunYue and Zhejiang Wansheng. Section 705(c)(5)(A)(i) of the Act states that, for companies not individually investigated, Commerce will determine an all-others rate equal to the weighted-average countervailable subsidy rates established for exporters and/or producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 of the Act.

In this investigation, we continue to calculate individual total net countervailable subsidy rates for Anhui RunYue and Zhejiang Wansheng that are not zero, de minimis, or based entirely on facts otherwise available. We, therefore, continue to calculate the all-others rate using a weighted average of the individual estimated subsidy rates calculated for the examined respondents using each company's publicly-ranged sales value for their exports to the United States of subject merchandise, 8 in accordance with section 705(c)(5)(A)(i) of the Act.

Commerce determines that the following estimated net countervailable subsidy rates exist for the period January 1, 2023, through December 31, 2023:

Commerce intends to disclose its calculations performed to interested parties in this final determination within five days of its public announcement or, if there is no public announcement, within five days of the date of the publication of this notice in the Federal Register , in accordance with 19 CFR 351.224(b).

As a result of our Preliminary Determination, and pursuant to sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. Customs and Border Protection (CBP) to collect cash deposits and suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after October 4, 2024, the date of publication of the Preliminary Determination in the Federal Register . 11 In accordance with section 703(d) of the Act, we instructed CBP to discontinue the suspension of liquidation of all entries of subject merchandise entered or withdrawn from warehouse, on or after February 1, 2025, the final day of provisional measures, but to continue the suspension of liquidation of all entries of subject merchandise on or before January 31, 2025.

If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty order, reinstate the suspension of liquidation under section 706(a) of the Act, and require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above. Pursuant to section 705(c)(2) of the Act, if the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled.

In accordance with section 705(d) of the Act, Commerce will notify the ITC of its final affirmative determination that countervailable subsidies are being provided to producers and exporters of alkyl phosphate esters from China. As Commerce's final determination is affirmative, in accordance with section 705(b) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threated with material injury, by reason of import of alkyl phosphate esters from China. In addition, we are making available to the ITC all non-privileged and non-proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance.

If the ITC determines that material injury or threat of material injury does not exist, this proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce will issue a countervailing duty order directing CBP to assess, upon further instruction by Commerce, countervailing duties on all imports of the subject merchandise that are entered, or withdrawn, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the “Continuation of Suspension of Liquidation” section.

This notice will serve as the only reminder to parties subject to the APO of their responsibility concerning the destruction of proprietary information disclosed under APO, in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c).

On December 4, 2024, Commerce published the Preliminary Determination, in which we also postponed the final determination until April 18, 2025. 1 Commerce invited interested parties to comment on the Preliminary Determination. 2 On January 6, 2025, Commerce published the Amended Preliminary Determination. 3

A summary of the events that occurred since Commerce published the Preliminary Determination, may be found in the Issues and Decision Memorandum. 4 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). ACCESS 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.

The products covered by this investigation are solar cells from Malaysia. For a complete description of the scope of this investigation, see Appendix I.

During the course of this investigation, Commerce received scope comments from parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments and set aside a period of time for parties to address scope issues in scope-specific case and rebuttal briefs. 5 We received comments from parties on the Preliminary Scope Decision Memorandum, which we addressed in the Final Scope Decision Memorandum. 6 We made no changes to the scope of the investigation from the scope published in the Preliminary Determination, as provided in Appendix I to this notice.

In accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act), Commerce conducted verification of the information relied upon in making its final determination in this investigation. Specifically, Commerce conducted on-site verifications of the information and data on the sales and cost of production of Hanwha Q Cells Malaysia Sdn. Bhd (Hanwha Q Cells) and Jinko Solar Technology Sdn. Bhd. (Jinko Solar). 7 We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by Hanwha Q Cells and Jinko Solar.

All issues raised in the case and rebuttal briefs submitted by interested parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice as Appendix II.

We have made certain changes to the margin calculations for Hanwha Q Cells and Jinko Solar since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum.

As discussed in the Preliminary Determination, Commerce assigned an estimated weighted-average dumping margin on the basis of adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Act, to four companies ( i.e., Baojia New Energy Manufacturing Sdn. (Baojia New Energy), CRC Solar Cell Joint Stock Company (CRC Solar), Lynter Enterprise, and Mega PP Sdn. Bhd. (Mega PP)) that were non-responsive to the quantity and value questionnaire. 8 There is no new information on the record that would cause us to revisit our decision in the Preliminary Determination. Accordingly, for the reasons explained in the Preliminary Determination, and consistent with Commerce's practice, as AFA, we assigned the highest corroborated dumping margin alleged in the petition to Baojia New Energy, CRC Solar, Lynter Enterprise, and Mega PP. 9

Section 735(c)(5)(A) of the Act provides that the estimated weighted-average dumping margin for all other producers and/or exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act, i.e., facts otherwise available.

In this investigation, Commerce assigned a zero rate to Hanwha Q Cells. Therefore, the only rate that is not zero, de minimis, or based entirely on facts otherwise available is the rate calculated for Jinko Solar. Consequently, the rate calculated for Jinko Solar is also assigned as the rate for all other producers and/or exporters.

The final estimated weighted-average dumping margins for the period April 1, 2023, through March 31, 2024, are as follows:

Commerce intends to disclose its calculations and analysis performed to interested parties in this final determination within five days of any public announcement, or if there is no public announcement, within five days of the date of the publication of this notice in the Federal Register , in accordance with 19 CFR 351.224(b).

In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of entries of subject merchandise, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption, on or after December 4, 2024, the date of publication of the Preliminary Determination in the Federal Register , except for entries of subject merchandise produced and exported by Hanwha Q Cells. These suspension of liquidation instructions will remain in effect until further notice.

Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), upon the publication of this notice, with the exception of entries of subject merchandise produced and exported by Hanwha Q Cells, for which no cash deposit is required, we will instruct CBP to require a cash deposit for estimated antidumping duties for such entries as follows: (1) the cash deposit rate for the respondents listed in the table above will be equal to the company-specific estimated weighted-average dumping margin determined in this final determination; (2) if the exporter is not a respondent listed in the table above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin listed for the producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin listed in the table above.

Commerce normally adjusts cash deposits for estimated antidumping duties by the amount of export subsidies countervailed in a companion countervailing duty (CVD) investigation. Accordingly, because Commerce made an affirmative final determination for countervailable export subsidies, 10 Commerce has offset the estimated weighted-average dumping margin by the appropriate export subsidy rate. Any such adjusted cash deposit rate may be found in the “Final Determination” section above. However, suspension of liquidation of provisional measures in the companion CVD case has been discontinued;  11 therefore, we are not instructing CBP to collect cash deposits based upon the adjusted estimated weighted-average dumping margin for those export subsidies at this time.

Because the estimated weighted-average dumping margin for Hanwha Q Cells is zero percent, entries of shipments of subject merchandise that are produced and exported by Hanwha Q Cells will not be subject to suspension of liquidation or cash deposit requirements. In such situations, Commerce also applies the exclusion to the provisional measures to the producer/exporter combination that was examined in the investigation. Accordingly, Commerce will direct CBP to not suspend merchandise produced and exported by Hanwha Q Cells. However, entries of subject merchandise in any other producer/exporter combination, e.g., merchandise produced by a third party and exported by Hanwha Q Cells, or produced by Hanwha Q Cells and exported by a third party, are subject to suspension of liquidation at the all-others rate.

Further, because the estimated weighted-average dumping margin is zero for subject merchandise produced and exported by Hanwha Q Cells, entries of such merchandise will be excluded from the potential antidumping duty order. Such an exclusion will not be applicable to merchandise exported to the United States by this respondent in any other producer/exporter combinations or by third parties that sourced subject merchandise from the excluded producer/exporter combination.

In accordance with section 735(d) of the Act, Commerce will notify the ITC of its final affirmative determination of sales at LTFV. Because Commerce's final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of solar cells from Malaysia no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, all cash deposits posted will be refunded, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed in the “Continuation of Suspension of Liquidation” section above.

This notice serves as the final reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 terms of an APO is a violation subject to sanction.

This determination is issued and published in accordance with sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c).

Background

On October 4, 2024, Commerce published the Preliminary Determination in the Federal Register , invited interested parties to comment on the Preliminary Determination, and aligned this countervailing duty investigation with the final determination in the less-than-fair value investigation of crystalline silicon photovoltaic cells, whether or not assembled into modules, from Thailand, in accordance with section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(b)(4). 1 On January 7, 2025, Commerce released its Post-Preliminary Analysis. 2 For a complete discussion of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 3 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). ACCESS 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.

The products covered by this investigation are solar cells from Thailand. For a complete description of the scope of this investigation, see Appendix I.

In Commerce's Preliminary Scope Memorandum, we set aside a period of time for parties to raise issues regarding product coverage ( i.e., scope) in scope-specific case briefs or other written comments on scope issues. 4 Between December 27, 2024, and January 3, 2025, Commerce received a scope case brief and a rebuttal brief from JA Solar USA Inc. and JA Solar Vietnam Company Limited (collectively, JA Solar) and the American Alliance for Solar Manufacturing Trade Committee (the petitioner), respectively. 5 For a summary of the product coverage comments and rebuttal responses submitted to the record for this final determination, and accompanying discussion and analysis of all comments timely received, see the Final Scope Memorandum. 6 In the Final Scope Memorandum, Commerce determined that it is modifying the scope language as it appeared in the Initiation Notice. See Appendix I.

As provided in section 782(i) of the Act, in January 2025, Commerce conducted verification of the subsidy information reported by the Royal Thai Government (RTG) and Trina Solar Science & Technology (Thailand) Ltd. (TTL). We also verified information in the quantity and value questionnaire responses submitted by Runergy PV Technology (Thailand) Co. Ltd. (Runergy) and Talesun Technologies (Thailand) Co., Ltd. (Talesun). We used standard verification procedures, including an examination of relevant accounting records and original source documents provided by the RTG, TTL, Runergy, and Talesun.

The subsidy programs under investigation and the issues raised in the case and rebuttal briefs that were submitted by interested parties in this investigation are discussed in the Issues and Decision Memorandum. For a list of the issues raised by interested parties and addressed in the Issues and Decision Memorandum, see Appendix II.

Commerce preliminarily determined, in accordance with section 703(e)(1) of the Act and 19 CFR 351.206(c)(1), that critical circumstances did not exist with respect to imports of solar cells exported by TTL, but that critical circumstances did exist with respect to imports of solar cells produced and/or exported by Sunshine Electrical Energy (Sunshine Electrical), Taihua New Energy (Thailand) Co. Ltd. (Taihua New Energy), and all other producers and/or exporters. 7

For the final determination, pursuant to section 705(a)(2) of the Act and 19 CFR 351.206, we continue to find that critical circumstances exist for Sunshine Electrical and Taihua New Energy. Additionally, we continue to find that critical circumstances exist for all other producers and/or exporters not individually examined, and we determine that critical circumstances exist for TTL. For a full description of the methodology and results of Commerce's critical circumstances analysis, see the Issues and Decision Memorandum.

Commerce conducted this investigation in accordance with section 701 of the Act. For each of the subsidy programs found to be countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an “authority” that gives rise to a benefit to the recipient, and that the subsidy is specific. 8 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum.

In making this final determination, Commerce relied, in part, on facts otherwise available, including with an adverse inference, pursuant to sections 776(a) and (b) of the Act. For a full discussion of our application of adverse facts available (AFA), see the Issues and Decision Memorandum at the section entitled “Uses of Facts Available and Application of Adverse Inferences.”

Based on our review and analysis of the information at verification and comments received from interested parties, we made changes to the subsidy rate calculations for TTL, Sunshine Electrical, Taihua New Energy, and all other producers and/or exporters, including the addition of subsidy programs included in the Post-Preliminary Analysis. For a discussion of these changes, see the Issues and Decision Memorandum.

In accordance with section 705(c)(1)(B)(i) of the Act, we calculated an individual estimated countervailable subsidy rate for the mandatory respondent, TTL. Section 705(c)(5)(A)(i) of the Act states that, for companies not individually investigated, Commerce will determine an all-others rate equal to the weighted-average countervailable subsidy rates established for exporters and/or producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 of the Act. For this final determination, TTL's subsidy rate is not zero, de minimis, or determined entirely under section 776 of the Act. Consequently, we have assigned the subsidy rate calculated for TTL as the rate for all other producers and/or exporters.

Commerce determines that the following estimated countervailable subsidy rates exist for the period January 1, 2023, through December 31, 2023:

Commerce intends to disclose the calculations performed to interested parties in this final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of the publication of the notice in the Federal Register , in accordance with 19 CFR 351.224(b).

Because we preliminarily determined that the countervailing duty (CVD) rate for TTL was de minimis, we did not instruct U.S. Customs and Border Protection (CBP) to suspend entries of subject merchandise, as described in Appendix I to this notice, from TTL. 9 Section 705(c)(4)(C) of the Act provides that in the event of a final affirmative determination of critical circumstances, when the preliminary determination under section 703(b) of the Act was negative, any suspension of liquidation shall apply to unliquidated entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the date on which the suspension of liquidation was first ordered. Therefore, in accordance with section 705(c)(4)(C) of the Act, we will now direct CBP to suspend liquidation of all imports of the subject merchandise from TTL entered, or withdrawn from warehouse, for consumption on or after 90 days prior to the date of publication of this notice in the Federal Register , and to require the posting of a cash deposit for such entries of merchandise.

We preliminarily determined that critical circumstances existed for imports of subject merchandise produced and/or exported by Sunshine Electrical, Taihua New Energy, and all other producers and/or exporters not individually examined. 10 With respect to Sunshine Electrical, Taihua New Energy, and all other producers and/or exporters not individually examined, as a result of our Preliminary Determination and pursuant to sections 703(d)(1)(B) and (d)(2) of the Act, we directed CBP to suspend liquidation of entries of subject merchandise, as described in the scope of the investigation section, that were entered, or withdrawn from warehouse, for consumption on or after July 6, 2024, which was 90 days prior to the date of the publication of the Preliminary Determination in the Federal Register . 11 Pursuant to 19 CFR 351.205(d), we instructed CBP to require a cash deposit equal to the rates indicated in the Preliminary Determination. 12 In accordance with section 703(d) of the Act, on January 31, 2025, we instructed CBP to discontinue the suspension of liquidation of all entries of subject merchandise entered or withdrawn from warehouse on or after February 1, 2025. For this final determination, as explained in the “Final Affirmative Determination of Critical Circumstances” section above, we continue to determine that critical circumstances exist for Sunshine Electrical and Taihua New Energy. Accordingly, we will instruct CBP to continue to suspend liquidation of all entries of subject merchandise from Sunshine Electrical and Taihua New Energy entered, or withdrawn from warehouse, for consumption on or after July 6, 2024, which is 90 days prior to the date of publication of the Preliminary Determination, through January 31, 2025.

If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a CVD order, reinstate the suspension of liquidation under section 706(a) of the Act with respect to Sunshine Electrical, Taihua New Energy, and all other producer and/or exporters not individually examined, and require a cash deposit of estimated countervailing duties for entries of subject merchandise in the amounts indicated in the “Final Determination” section above. Pursuant to section 705(c)(2) of the Act, if the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or cancelled.

In accordance with section 705(d) of the Act, Commerce will notify the ITC of its final affirmative determination that countervailable subsidies are being provided to producers and exporters of solar cells from Thailand. Because Commerce's final determination is affirmative, in accordance with section 705(b) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of solar cells from Thailand no later than 45 days after this final determination. If the ITC determines that material injury or threat of material injury does not exist, this proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce will issue a countervailing duty order directing CBP to assess, upon further instruction by Commerce, countervailing duties on all imports of the subject merchandise that are entered, or withdrawn, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the “Suspension of Liquidation” section.

This notice serves as the final reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 violation subject to sanction.

This determination is issued and published in accordance with sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c).

Background

On October 4, 2024, Commerce published the Preliminary Determination, in which we also postponed the final determination until April 18, 2025. 1 Commerce invited interested parties to comment on the Preliminary Determination. 2 On November 7, 2024, Commerce published the Amended Preliminary Determination. 3 On November 25, 2024, we published the Correction to the Amended Preliminary Determination to correct text in the “Amended Cash Deposits and Suspension of Liquidation” section of the Amended Preliminary Determination. 4

A summary of the events that occurred since the Preliminary Determination may be found in the Issues and Decision Memorandum. 5 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). ACCESS 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.

The product covered by this investigation is solar cells from Malaysia. For a complete description of the scope of this investigation, see Appendix I.

In the Preliminary Scope Memorandum, we set aside a period of time for parties to raise issues regarding product coverage ( i.e., scope) in scope-specific case or other written comments on scope issues. 6 Between December 27, 2024, and January 3, 2025, Commerce received a scope case brief and a rebuttal brief from JA Solar USA Inc. and JA Solar Vietnam Company Limited (collectively, JA Solar) and the American Alliance for Solar Manufacturing Trade Committee (Petitioner), respectively. 7 For a summary of the product coverage comments and rebuttal responses submitted to the record for this final determination, and accompanying discussion and analysis of all comments timely received, see the Final Scope Memorandum. 8 In the Final Scope Memorandum, Commerce determined that it is modifying the scope language as it appeared in the Initiation Notice. See Appendix I.

In accordance with section 782(i) of the Act, Commerce conducted verification of the information of the information relied upon in making its final determination in this investigation. Specifically, Commerce conducted on-site verifications of the information and data on subsidies reported by the Government of Malaysia; Hanwha Q CELLS Malaysia Sdn. Bhd. (Hanwha Q CELLS); and Jinko Solar Technology Sdn. Bhd. (JST) and its cross-owned affiliates, Jinko Solar (Malaysia) Sdn. Bhd. (JSM) and Omega Solar Sdn. Bhd. (Omega) (collectively, Jinko Solar). We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by Hanwha Q Cells and Jinko Solar.

All issues raised in the case and rebuttal briefs submitted by interested parties are discussed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice as Appendix II.

We have made certain changes to the preliminary calculations for Hanwha Q Cells and Jinko Solar since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum.

Commerce conducted this investigation in accordance with section 701 of the Act. For each of the subsidy programs found to be countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an “authority” that gives rise to a benefit to the recipient, and that the subsidy is specific. 9 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. In making this final determination, Commerce relied on facts otherwise available, including with an adverse inference (AFA), pursuant to sections 776(a) and (b) of the Act. For a full discussion of our application of AFA, see the Issues and Decision Memorandum section entitled, “Use of Facts Otherwise Available and Application of Adverse Inferences.”

As discussed in the Preliminary Determination, Commerce assigned a countervailable subsidy rate on the basis of AFA, pursuant to sections 776(a) and (b) of the Act, to four companies ( i.e., Baojia New Energy, Pax Union Resources SDN BHD, and SunMax Energy SDN BHD (collectively, the non-responsive companies) that were non-responsive to the quantity and value questionnaire. 10 There is no new information on the record that would cause us to revisit our decision in the Preliminary Determination. Accordingly, for the reasons explained in the Preliminary Determination, and consistent with Commerce's practice, as AFA, continue to base the CVD subsidy rate for the non-responsive companies on facts otherwise available in our final determination.

In accordance with section 705(c)(1)(B)(i) of the Act, we calculated an individual estimated countervailable subsidy rate for the two mandatory respondents, Hanwha Q Cells and Jinko Solar. Section 705(c)(5)(A)(i) of the Act states that, for companies not individually investigated, Commerce will determine an all-others rate equal to the weighted-average countervailable subsidy rates established for exporters and/or producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 of the Act. For this final determination, we calculated individual estimated countervailable subsidy rates for Hanwha Q Cells and Jinko Solar that are not zero, de minimis, or based entirely on facts otherwise available. Therefore, we calculated the all-others rate using a weighted average of the individual estimated subsidy rates calculated for the examined respondents Hanwha Q Cells and Jinko Solar) using each company's publicly ranged sales value for their exports to the United States of subject merchandise, in accordance with section 705(c)(5)(A)(i) of the Act.

Commerce determines that the following countervailable subsidy rates exist:

Commerce will disclose to the parties in a proceeding the calculations performed in connection with a final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of final determination in the Federal Register , in accordance with 19 CFR 351.224(b).

We will instruct U.S. Customs and Border Protection (CBP) to start or continue to suspend liquidation of all appropriate entries of subject merchandise, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption as described below. As a result of our Preliminary Determination and pursuant to sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed CBP to collect cash deposits and suspend liquidation of entries of solar cells from Malaysia that were entered, or withdrawn from warehouse, for consumption on or after October 4, 2024, the date of the publication of the Preliminary Determination in the Federal Register . 11

In accordance with section 703(d) of the Act, we instructed CBP to discontinue the suspension of liquidation of all entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after February 1, 2025, but to continue the suspension of liquidation of all entries of solar cells on or before January 31, 2025.

If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty order, reinstate the suspension of liquidation under section 706(a) of the Act, and require a cash deposit of estimated countervailing duties for entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited, or securities posted, as a result of the suspension of liquidation will be refunded or canceled.

In accordance with section 705(d) of the Act, we will notify the ITC of our final affirmative determination that countervailable subsidies are being provided to producers and exporters of solar cells from Malaysia. Because the final determination is affirmative, in accordance with section 705(b) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of solar cells from Malaysia no later than 45 days after our final determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance.

If the ITC determines that material injury or threat of material injury does not exist, this proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce will issue a CVD order directing CBP to assess, upon further instruction by Commerce, countervailing duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the “Suspension Liquidation” section.

In the event that ITC issues a final negative injury determination, this notice will serve as the final reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO, in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is violation which is subject to sanction.

This determination is issued and published pursuant to sections 705(d) and 777(i)(1) of the Act and 19 CFR 351.205(c).

On December 4, 2024, Commerce published the Preliminary Determination in the Federal Register and invited interested parties to comment. 1 On January 2, 2025, Commerce published the Amended Preliminary Determination. 2 A summary of the events that occurred since Commerce published the Preliminary Determination, may be found in the Issues and Decision Memorandum. 3

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). ACCESS 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.

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

During the course of this investigation, Commerce received scope comments from parties. Commerce issued Preliminary Scope Decision Memoranda to address these comments and set aside a period of time for parties to address scope issues in scope-specific case and rebuttal briefs. 4 We received comments from interested parties on the Preliminary Scope Decision Memoranda, which we address in the Final Scope Decision Memorandum. 5 We made no changes to the scope of the investigation from the scope published in the Preliminary Determination, as noted in Appendix I to this notice.

As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), Commerce conducted verification of the information relied upon in making its final determination in this investigation. Specifically, between November 12 and 24, 2024, Commerce conducted on-site verifications of the sales and factors of production information submitted by JA Solar Vietnam Co. Ltd (JA Solar) and Jinko Solar (Vietnam) Industries Company Limited (Jinko). 6 We used standard verification procedures, including an examination of relevant accounting records and original source documents provided by JA Solar and Jinko.

All issues raised in the case and rebuttal briefs submitted by interested parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice as Appendix II.

Based on our review and analysis of the information received during verification and comments received from interested parties for this final determination, we made certain changes to the estimated weighted-average dumping margins for JA Solar and Jinko. For a discussion of these changes, see the Issues and Decision Memorandum.

In accordance with section 735(a)(3)(B) of the Act, and 19 CFR 351.206(h), Commerce finds for the final determination that critical circumstances do not exist with respect to imports of solar cells for the mandatory respondents and the non-selected companies eligible for a separate rate. 7 We continue to find that critical circumstances exist with respect to the Vietnam-wide entity pursuant to section 776(b) of the Act. 8 For a full description of the methodology and the results of Commerce's critical circumstances analysis, see the Issues and Decision Memorandum.

As discussed in the Preliminary Determination, Commerce assigned an estimated weighted-average dumping margin on the basis of AFA, pursuant to sections 776(a) and (b) of the Act, to the Vietnam-wide entity (including, but not limited to, eleven companies which did not rebut the presumption of government control). 9 No party commented on our findings with respect to the Vietnam-wide entity and use of the highest corroborated dumping margin alleged in the petition as the appropriate rate assigned to the Vietnam-wide entity. Therefore, Commerce continues to find, pursuant to sections 776(a) and (b) of the Act, that the use of facts otherwise available, with adverse inferences, is warranted in determining the dumping rate for the Vietnam-wide entity, and we continue to assigned the highest dumping margin alleged in the petition, i.e., 271.28 percent, as the applicable AFA rate, which continues to be corroborated by the highest transaction-specific margins calculated for the mandatory respondents. 10

No interested party commented on Commerce's preliminary separate-rate determinations, 11 as such, we have no basis to reconsider those determinations. Accordingly, we continue to find that JA Solar, Jinko, and certain non-individually examined companies that are listed in the “Final Determination” rate table below, are eligible for a separate rate.

Consistent with the Preliminary Determination, and Policy Bulletin 05.1, 12 Commerce calculated combination rates for the respondents that are eligible for a separate rate.

Commerce determines that the following estimated weighted-average dumping margins exist for the period October 1, 2023, through March 31, 2024:

Commerce intends to disclose its calculations and analysis performed to interested parties in this final determination within five days of any public announcement, or if there is no public announcement, within five days of the date of the publication of this notice in the Federal Register , in accordance with 19 CFR 351.224(b).

In accordance with section 735(c)(4) of the Act, because Commerce continues to find that critical circumstances exist for the Vietnam-wide entity, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of entries of subject merchandise, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse for consumption, on or after September 5, 2024, which is 90 days prior to the date of publication of the affirmative Preliminary Determination in the Federal Register .

For the mandatory respondents, JA Solar and Jinko, we will instruct CBP to continue to suspend liquidation of entries of subject merchandise, as described in Appendix I of this notice, which are entered, or withdrawn from warehouse for consumption, on or after December 4, 2024, the date of publication in the Federal Register of the Preliminary Determination.

For the separate rate companies, because Commerce has made a negative final determination with regard to critical circumstances, Commerce will instruct CBP to continue to suspend liquidation of all appropriate entries which were entered, or withdrawn from warehouse, for consumption on or after December 4, 2024, the date of publication in the Federal Register of the Preliminary Determination and, in accordance with section 735(c)(3) of the Act, Commerce will instruct CBP to terminate any retroactive suspension of liquidation required under section 733(e)(2) of the Act, release any bond or other security, and refund any cash deposit required, under section 733(d)(1)(B) of the Act, with respect to entries of subject merchandise the liquidation of which was suspended retroactively under section 733(e)(2) of the Act before December 4, 2024.

Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), upon the publication of this notice, Commerce will instruct CBP to require a cash deposit for estimated antidumping duties for appropriate entries. Specifically, Commerce will instruct CBP to require cash deposits of estimated antidumping duties for all appropriate entries as follows: (1) for the producer/exporter combinations listed in the table above, the applicable cash deposit rate is listed in the table for that combination; (2) for all combinations of Vietnamese producers/exporters of the subject merchandise that have not established eligibility for a separate rate, the cash deposit rate will be equal to the cash deposit rate listed for the Vietnam-wide entity in the table above; and (3) for all third-country exporters of subject merchandise that are not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Vietnamese producer/exporter combination or the Vietnam-wide entity that supplied that third-country exporter. These suspension of liquidation instructions will remain in effect until further notice.

Commerce normally adjusts cash deposits for estimated antidumping duties by the amount of export subsidies countervailed in a companion CVD investigation, when CVD provisional measures are in effect. Accordingly, because Commerce made an affirmative final determination for countervailable export subsidies, Commerce has offset the estimated weighted-average dumping margin by the appropriate export subsidy rate. Commerce has continued to adjust the cash deposit rate for export subsidies in the companion CVD investigation by the appropriate export subsidy rate as indicated in the above chart. However, suspension of liquidation of provisional measures in the companion CVD case has been discontinued;  13 therefore, we are not instructing CBP to collect cash deposits based upon the adjusted estimated weighted-average dumping margin for those export subsidies at this time.

In accordance with section 735(d) of the Act, we will notify the ITC of this final affirmative determination of sales at LTFV. Because the final determination in this investigation is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of solar cells no later than 45 days after this final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded or canceled, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instructions by Commerce, antidumping duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the “Continuation of Suspension of Liquidation” section above.

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(a)(3). 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 terms of an APO is a sanctionable violation.

This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).

On December 4, 2024, Commerce published the Preliminary Determination, in which we also postponed the final determination until April 18, 2025. 1 Commerce invited interested parties to comment on the Preliminary Determination. A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum. 2 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). ACCESS 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.

The products covered by this investigation are solar cells from Cambodia. For a complete description of the scope of this investigation, see Appendix I.

During the course of this investigation, Commerce received scope comments from parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments and set aside a period of time for parties to address scope issues in scope-specific case and rebuttal briefs. 3

We received comments from parties on the Preliminary Scope Decision Memorandum, which we addressed in the Final Scope Decision Memorandum. 4 We made no changes to the scope of the investigation from the scope published in the Preliminary Determination, as provided in Appendix I to this notice.

All issues raised in the case and rebuttal briefs submitted by interested parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice as Appendix II.

As discussed in the Preliminary Determination, Commerce assigned to the mandatory respondents in this investigation, Hounen Solar Inc. Co. Ltd. (Hounen), and Solar Long PV Tech Cambodia Co. (Solar Long) an estimated weighted-average dumping margin based on adverse facts available (AFA), pursuant to sections 776(a) and (b) the Act. 5 As a result, Commerce did not conduct verification of these companies.

We revised the export subsidy offset based on the final determination of the companion CVD investigation. For a discussion of these changes, see the Issues and Decision Memorandum.

Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that Commerce shall determine an estimated weighted-average dumping margin, i.e., all-others rate, for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters or producers individually investigated, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act.

The estimated weighted-average dumping margins in this investigation are determined entirely under section 776 of the Act. When no estimated weighted-average dumping margins other than zero, de minimis, or those determined entirely under section 776 of the Act have been established for individually examined companies, in accordance with section 735(c)(5)(B) of the Act, Commerce typically calculates a simple average of the dumping margins alleged in the petition, and applies the results as the estimated weighted-average dumping margin for all other producers and exporters not individually examined. 6 In the Petition, 7 the American Alliance for Solar Manufacturing Trade Committee (the petitioner) alleged a single dumping margin for Cambodia, 125.37 percent. 8 Therefore, consistent with our practice and the statute, 9 the all-others rate in this investigation is 125.37 percent.

Commerce determines that the following estimated weighted-average dumping margins exist:

Normally, Commerce discloses to interested parties the calculations performed in connection with a final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of preliminary determination in the Federal Register , in accordance with 19 CFR 351.224(b). However, consistent with the Preliminary Determination, because Commerce applied total AFA to determine the estimated weighted-average dumping margin for each of the individually examined companies, Hounen and Solar Long, in this final determination, and the applied AFA rate is based solely on the Petition, there are no calculations to disclose.

In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend the liquidation of all entries of subject merchandise, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption in the United States on or after December 4, 2024, the date of publication of the Preliminary Determination in the Federal Register .

Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), where appropriate, Commerce will instruct CBP to require a cash deposit for estimated antidumping duties. To determine the cash deposit rate, Commerce normally adjusts the estimated weighted-average dumping margin by the amount of export subsidies determined in a companion countervailing duty (CVD) investigation when CVD provisional measures are in effect. Accordingly, where Commerce has made a preliminary affirmative determination for subsidies that are export contingent, Commerce has offset the calculated estimated weighted-average dumping margin by the appropriate export subsidy rate(s). Any such adjusted rates may be found in the “Preliminary Determination” chart above. Should provisional measures in the companion CVD investigation expire prior to the expiration of provisional measures in this LTFV investigation, Commerce will direct CBP to begin collecting estimated antidumping duty cash deposits unadjusted for countervailed export subsidies at the time that the provisional CVD measures expire. Accordingly, Commerce intends to instruct CBP as follows: (1) the cash deposit rate for exporters of subject merchandise listed above will be equal to the company-specific estimated weighted-average dumping margin, appropriately adjusted for export subsidies, determined in this final determination; (2) if the exporter is not a company identified above but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin, appropriate adjusted for export subsidies, established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the estimated weighted-average dumping margin, appropriated adjusted for export subsidies, for all other producers and exporters.

These suspension of liquidation instructions and cash deposit requirements will remain in effect until further notice.

In accordance with section 735(d) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its final affirmative determination of sales at LTFV. Because Commerce's final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of aluminum extrusions no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, all cash deposits posted will be refunded, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed in the “Continuation of Suspension of Liquidation” section above.

This notice serves as the final reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 terms of an APO is a sanctionable violation.

This final determination and notice are issued and published in accordance with sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c).

On December 4, 2024, Commerce published the Preliminary Determination, in which we also postponed the final determination until April 18, 2025. 1 Commerce invited interested parties to comment on the Preliminary Determination. On March 24, 2024, Commerce issued a post-preliminary Particular Market Situation (PMS) Analysis Memorandum  2 in which we found a PMS exists for certain of TTL's solar inputs ( i.e., wafers and solar glass) due to Chinese dominance of the solar cell input market in Thailand, which likely contributes to a input cost distortion or decline in the price below what the market-determined price is for inputs. 3 We invited interested parties to comment on the PMS Analysis Memorandum. 4

A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum. 5 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). ACCESS 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.

The products covered by this investigation are solar cells from Thailand. For a complete description of the scope of this investigation, see Appendix I.

During the course of this investigation, Commerce received scope comments from parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments and set aside a period of time for parties to address scope issues in scope-specific case and rebuttal briefs. 6

We received comments from parties on the Preliminary Scope Decision Memorandum, which we addressed in the Final Scope Decision Memorandum. 7 We made no changes to the scope of the investigation from the scope published in the Preliminary Determination, as provided in Appendix I to this notice.

Commerce conducted verification of the information relied upon in making its final determination in this investigation, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act). Specifically, Commerce conducted on-site verifications of the sales and cost information submitted by TTL. 8 We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by TTL.

Commerce preliminarily determined, in accordance with section 733(e)(1) of the Act, and 19 CFR 351.206, that critical circumstances exist with respect to imports of solar cells from Thailand for the mandatory respondent, Trina Solar Science & Technology (Thailand) Ltd. (TTL). Commerce also preliminarily determined that critical circumstances exist for all other exporters and producers of solar cells as well as for Sunshine Electrical Energy (Sunshine Electrical) and Taihua New Energy (Thailand) Co. Ltd (Taihua New Energy). For the final determination, pursuant to sections 735(a)(3)(A) and (B) of the Act and 19 CFR 351.206, we continue to find that critical circumstances exist for these companies. Based on our analysis of comments received regarding our affirmative preliminary critical circumstances determination, 9 Commerce continues to find that critical circumstances exist with respect to imports of solar cells from Thailand for these companies and all other exporters and producers of solar cells. For a full description of the methodology and results of Commerce's critical circumstances analysis, see the Issues and Decision Memorandum.

All issues raised in the case and rebuttal briefs submitted by interested parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice as Appendix II.

We made certain changes regarding TTL's cost of production and sales data pursuant to our verification findings and post-preliminary finding of a particular market situation. For a discussion of these changes, see the Issues and Decision Memorandum.

As discussed in the Preliminary Determination, Commerce assigned an estimated weighted-average dumping margin on the basis of adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Act, to the two companies ( i.e., Sunshine Electrical Energy and Taihua New Energy (Thailand) Co. Ltd.) that were unresponsive to the quantity and value questionnaire. 10 There is no new information on the record that would cause us to revisit our decision in the Preliminary Determination. Accordingly, for the reasons explained in the Preliminary Determination, and consistent with Commerce's practice, as AFA, we assigned the highest non-aberrational individual transaction-specific margin on the record to Sunshine Electrical Energy and Taihua New Energy (Thailand) Co. Ltd. 11

On October 4, 2024, Commerce published the Preliminary Determination in the Federal Register and aligned this countervailing duty (CVD) final determination with the final determination in the less-than-fair value investigation of solar cells from Vietnam, in accordance with section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(b)(4). 1 A summary of the events that occurred since Commerce published the Preliminary Determination, may be found in the Issues and Decision Memorandum. 2 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). ACCESS 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.

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

In the Preliminary Scope Decision Memoranda, we set aside a period of time for parties to raise issues regarding product coverage ( i.e., scope) in scope-specific case or other written comments on scope issues. 3 Between December 27, 2024, and January 3, 2025, Commerce received a scope case brief and a rebuttal brief from JA Solar USA Inc. and JA Solar Vietnam Company Limited (collectively, JA Solar) and the American Alliance for Solar Manufacturing Trade Committee (Petitioner), respectively. 4 For a summary of the product coverage comments and rebuttal responses submitted to the record for this final determination, and accompanying discussion and analysis of all comments timely received, see the Final Scope Memorandum. 5 In the Final Scope Memorandum, Commerce determined that it is modifying the scope language as it appeared in the Initiation Notice. See appendix I.

As provided in section 782(i) of the Act, Commerce conducted verification relied upon in making its final determination in this investigation. Specifically, we conducted on-site verifications of the information reported by the Government of Vietnam (GOV); Boviet Solar Technology Co., Ltd. (Boviet Solar); and JA Solar Vietnam Company Limited (JAVN), and JAVN's cross-owned affiliates, JA Solar PV Vietnam Company Limited, and JA Solar NE Vietnam Company Limited (collectively, JA Solar), using standard verification procedures, including an examination of relevant accounting records, and original source documents provided by the GOV, Boviet Solar, and JA Solar. 6

The subsidy programs under investigation and the issues raised in the case and rebuttal briefs submitted by interested parties in this investigation are discussed in the Issues and Decision Memorandum. For a list of the issues raised by interested parties and addressed in the Issues and Decision Memorandum, see appendix II.

We have made certain changes to the subsidy calculations for Boviet Solar and JAVN since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum.

Commerce conducted this investigation in accordance with section 701 of the Act. For each of the subsidy programs found to be countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an “authority” that gives rise to a benefit to the recipient, and that the subsidy is specific. 7 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum.

In making this final determination, Commerce relied on facts otherwise available, including with an adverse inference (AFA), pursuant to sections 776(a) and (b) of the Act. For a full discussion of our application of AFA, see the Issues and Decision Memorandum section entitled, “Use of Facts Otherwise Available and Application of Adverse Inferences.”

For this final determination, consistent with section 705(a)(2) of the Act, we find that critical circumstances do not exist for JAVN, and we find that critical circumstances exist for the following companies: (1) Boviet Solar; (2) GEP New Energy Viet Nam Company Limited; (3) Vietnam Green Energy Commercial Services Company Ltd.; (4) Shengtian New Energy Vina Co., Ltd; (5) HT Solar Vietnam Limited Company; and (6) all other producers and exporters. 8

In accordance with section 705(c)(1)(B)(i) of the Act, we calculated an individual estimated countervailable subsidy rate for the two mandatory respondents, Boviet Solar and JAVN. Section 705(c)(5)(A)(i) of the Act states that, for companies not individually investigated, Commerce will determine an all-others rate equal to the weighted-average countervailable subsidy rates established for exporters and/or producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 of the Act.

At the final determination, we calculated individual estimated countervailable subsidy rates for Boviet Solar and JAVN that are not zero, de minimis, or based entirely on facts otherwise available. We, therefore, calculated the all-others rate using a weighted average of the individual estimated subsidy rates calculated for the examined respondents (Boviet Solar and JAVN) using each company's publicly ranged sales value for their exports to the United States of subject merchandise, in accordance with section 705(c)(5)(A)(i) of the Act. 9

Background

On December 4, 2024, Commerce published the Preliminary Determination in the Federal Register and invited interested parties to comment. 1 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 2

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). ACCESS is available to registered users at http://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.

The products covered by this investigation are alkyl phosphate esters from China. For a complete description of the scope of this investigation, see Appendix I.

We received no comments from interested parties on the scope of the investigation as it appeared in the Preliminary Determination. Therefore, we made no changes to the scope of the investigation.

As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), between December 2 and 12, 2024, Commerce conducted verification of the sales and factors of production information submitted by Zhejiang Wansheng Co., Ltd. (Zhejiang Wansheng) and Anhui RunYue Technology Co., Ltd. (Anhui RunYue). 3 We used standard verification procedures, including an examination of relevant accounting records and original source documents provided by Zhejiang Wansheng and Anhui RunYue.

The issues raised in the case and rebuttal briefs by the parties in this investigation are discussed in the Issues and Decision Memorandum. For a list of the issues raised by interested parties and addressed in the Issues and Decision Memorandum, see Appendix II.

Based on our review and analysis of the information received during verification and comments received from interested parties for this final determination, we made certain changes to the estimated weighted-average dumping margins for Zhejiang Wansheng and Anhui RunYue. For a discussion of these changes, see the Issues and Decision Memorandum.

Consistent with the Preliminary Determination, 4 Commerce continues to find, pursuant to sections 776(a) and (b) of the Act, that the use of facts otherwise available, with adverse inferences, is warranted in determining the dumping rate for the China-wide entity. In the Preliminary Determination, Commerce applied Anhui RunYue's highest transaction-specific dumping margin to the China-wide entity as AFA. 5 There is no new information on the record that would cause us to reconsider our decision in the Preliminary Determination. Thus, we made no changes to our analysis for the China-wide entity. We are assigning a rate of 269.02 percent, 6 which is the highest calculated individual dumping margin of any respondent in the investigation for this final determination, to the China-wide entity. 7 For a full description of the methodology underlying Commerce's final determination, see the Issues and Decision Memorandum.

No interested parties commented on Commerce's preliminary separate rate determinations, 8 and we have no basis to reconsider the determinations. Accordingly, we continue to find that Zhejiang Wansheng, Anhui RunYue, and certain non-individually examined companies that are listed in the rate table below, are eligible for a separate rate.

Consistent with the Preliminary Determination, and Policy Bulletin 05.1, 9 Commerce calculated exporter/producer combination rates for the respondents that are eligible for a separate rate.

Commerce determines that the following estimated weighted-average dumping margins exist for the period October 1, 2023, through March 31, 2024:

Commerce intends to disclose the calculations performed in connection with this final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b).

In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of subject merchandise, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after December 4, 2024, the date of publication in the Federal Register of the Preliminary Determination.

Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), upon the publication of this notice, Commerce will instruct CBP to require a cash deposit for estimated antidumping duties for appropriate entries. To determine the antidumping duty cash deposit rate, Commerce normally adjusts the estimated weighted-average dumping margin by the amount of domestic subsidy pass-through and export subsidies determined in a companion countervailing duty (CVD) proceeding. As Commerce made an affirmative determination for domestic subsidy pass-through, we have offset the calculated estimated weighted-average dumping margins in the above table by the appropriate subsidy rates to calculate the applicable cash deposit rates. In the companion CVD final determination, Commerce determined no export subsidy rates exist for Anhui RunYue or Zhejiang Wansheng. 11 Thus, because the mandatory respondents and all-other companies in the companion CVD investigation had no export subsidy rates, Commerce is not offsetting the mandatory respondents' or the all-others estimated weighted-average dumping margins for export subsidies.

Commerce will instruct CBP to require the following cash deposits for estimated antidumping duties for all appropriate entries: (1) for the producer/exporter combinations listed in the table above, the applicable cash deposit rate is listed in the table for that combination; (2) for all combinations of Chinese producers/exporters of the merchandise under consideration that have not established eligibility for a separate rate, the cash deposit rate will be equal to the cash deposit rate listed for the China-wide entity in the table above; and (3) for all third-country exporters of the merchandise under consideration that are not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Chinese producer/exporter combination or the China-wide entity that supplied that third-country exporter. These suspension of liquidation instructions will remain in effect until further notice.

In accordance with section 735(d) of the Act, we will notify the ITC of this final affirmative determination of sales at LTFV. Because the final determination in this investigation is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of alkyl phosphate esters no later than 45 days after this final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded or canceled, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instructions by Commerce, antidumping duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the “Continuation of Suspension of Liquidation” section above.

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(a)(3). 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 terms of an APO is a sanctionable violation.

This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).

On October 4, 2024, Commerce published the Preliminary Determination in the Federal Register . 1 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum. 2 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). ACCESS is available to registered users at http://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.

The products covered by this investigation are solar cells from Cambodia. For a complete description of the scope of this investigation, see Appendix I.

In the Preliminary Scope Memorandum, we set aside a period of time for parties to raise issues regarding product coverage ( i.e., scope) in scope-specific case or other written comments on scope issues. 3 Between December 27, 2024, and January 3, 2025, Commerce received a scope case brief and a rebuttal brief from JA Solar USA Inc. and JA Solar Vietnam Company Limited (collectively, JA Solar) and the American Alliance for Solar Manufacturing Trade Committee (Petitioner), respectively. 4 For a summary of the product coverage comments and rebuttal responses submitted to the record for this final determination, and accompanying discussion and analysis of all comments timely received, see the Final Scope Memorandum. 5 In the Final Scope Memorandum, Commerce determined that it is modifying the scope language as it appeared in the Initiation Notice. See Appendix I.

Commerce conducted verification of the information relied upon in making its final determination in this investigation, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act). Specifically, we conducted on-site verifications of the subsidy information reported by the Government of Cambodia, Solarspace Technology Co., Ltd. (Solarspace Tech), and Solarspace New Energy (Cambodia) Co., Ltd (Solarspace) in January 2025 using standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by the Government of Cambodia, Solarspace Tech, and Solarspace. 6

The subsidy programs under investigation and the issues raised in the case and rebuttal briefs submitted by parties in this investigation are discussed in the Issues and Decision Memorandum. For a list of the issues raised by parties and addressed in the Issues and Decision Memorandum, see Appendix II.

Based on our review and analysis of the information received during verification and comments received from parties, for this final determination, we made certain changes to the countervailable subsidy rate calculations for Solarspace and for all other producers/exporters. For a discussion of these changes, see the Issues and Decision Memorandum.

Commerce conducted this investigation in accordance with section 701 of the Act. For each of the subsidy programs found to be countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an “authority” that gives rise to a benefit to the recipient, and that the subsidy is specific. 7 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum

Commerce notes that, in making these findings, it relied on facts available, and, because it finds that certain respondents, the Government of China and the Government of Cambodia did not act to the best of their ability to respond to Commerce's requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available. 8 For further information, see the “Use of Facts Otherwise Available and Application of Adverse Inferences” section in the Issues and Decision Memorandum.

Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will determine an all-others rate equal to the weighted average countervailable subsidy rates established for those exporters and/or producers individually investigated, excluding any zero and de minimis countervailable subsidy rates and any rates based entirely under section 776 of the Act.

Commerce calculated an individual estimated countervailable subsidy rate for Solarspace, the only individually examined exporter/producer in this investigation. Because the only individually calculated rate is not zero, de minimis, or based entirely under section 776 of the Act, the estimated weighted-average rate calculated for Solarspace is the rate assigned to all other producers and exporters, pursuant to section 705(c)(5)(A)(i) of the Act.

Commerce determines that the following estimated countervailable subsidy rates exist for the period of January 1, 2023 through December 31, 2023:

The MMPA prohibits the “take” of marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq. ) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are proposed or, if the taking is limited to harassment, a notice of a proposed IHA is provided to the public for review.

Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). Further, NMFS must prescribe the permissible methods of taking and other “means of effecting the least practicable adverse impact” on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of the species or stocks for taking for certain subsistence uses (referred to in shorthand as “mitigation”); and requirements pertaining to the monitoring and reporting of the takings. The definitions of all applicable MMPA statutory terms used above are included in the relevant sections below and can be found in section 3 of the MMPA (16 U.S.C. 1362) and NMFS regulations at 50 CFR 216.103.

On May 15, 2023, NMFS received an application from U.S. Army Corps of Engineers on behalf of USAF for an IHA to take marine mammals incidental to construction associated with the EAS Fuel Pier repair in Alcan Harbor on Shemya Island, Alaska. NMFS published a notice of a proposed IHA and request for comments in the Federal Register on October 10, 2023 (88 FR 74451). On March 5, 2024, NMFS issued an IHA that was effective from April 1, 2024 through March 31, 2025 (89 FR 17423, March 11, 2024). In-water work associated with the project was expected to be completed between April and October 2024.

On September 23, 2024, USAF informed NMFS that work on the project had experienced significant delays due to piling production delays and weather and would not be completed during the 2024 IHA time period USAF completed a portion of the construction work that was covered by the 2024 IHA and submitted a monitoring report demonstrating that the required mitigation and monitoring requirements were satisfied, no impacts of a scale or nature not previously analyzed or authorized occurred as a result of the activities conducted, and the IHA holder did not exceed the authorized levels of take under that IHA.

On September 23, 2024, NMFS received a letter from USAF requesting renewal of the 2024 IHA (2024 request) to conduct nearly identical construction activities that were previously analyzed under the 2024 IHA. On May 3, 2024, NMFS published (89 FR 36762) and solicited public comment on its draft updated Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing Underwater and In-Air Criteria for Onset of Auditory Injury and Temporary Threshold Shifts (Version 3.0) (2024 Technical Guidance), which includes updated thresholds and weighting functions to inform auditory injury (AUD INJ) estimates. The public comment period ended on June 17th, 2024, and the 2024 Technical Guidance was finalized on October 24, 2024. While USAF's planned activity would ordinarily qualify for a renewal of the IHA, NMFS determined that a renewal of the 2024 IHA is not appropriate in this case because application of the updated Guidance indicates that substantial modification of the prescribed shutdown zones and updates to authorized take numbers for certain species is appropriate.

On December 16, 2024, USAF revised their request to indicate that all work completed during the 2024 season would need to be redone, due to shifting sediments and improperly functioning piles. As such, the same work analyzed under the 2024 IHA is planned for the current IHA, across the same number of construction days. This includes the (1) installation of 208 42-inch (107 cm) round steel interlocking pipe piles (2) the installation of 60 30-inch (76 cm) steel template piles and, (3) the removal of 64 30-inch steel template piles, which includes the removal of 4 additional piles that were installed under the 2024 IHA.

Additionally, USAF also requested to reduce the size of the shutdown zones established for low-frequency cetaceans due to practicability concerns associated with excessive fog. Under this IHA, USAF plans to conduct pile driving activities between the in water work window dates of April 2025 through October 2025. The activities are nearly identical to those analyzed under the 2024 IHA, but the mitigation zones and number of authorized takes have been adjusted to account for the isopleths calculated using the 2024 Technical Guidance and the request to adjust the shutdown zone for low frequency cetaceans. The USAF request was deemed adequate and complete on January 23, 2024. In evaluating the request, and where applicable, NMFS relies on the information previously presented in notices associated with issuance of the 2024 IHA (88 FR 74451, October 31, 2023; 89 FR 17423, March 11, 2024).

USAF is conducting long-term repairs on the only existing fuel pier at EAS on Shemya Island, Alaska. The activities that have the potential to take marine mammals, by Level A and Level B harassment, include down-the-hole drilling, vibratory and impact installation of temporary and permanent steel interlocking pipe piles, and vibratory removal of temporary steel interlocking pipe piles. The marine construction associated with the activities is planned to occur over 160 days, between April and October 2025. The IHA is effective from Date to Date.

The fuel pier replacement project includes the installation of an interlocking steel pipe combi-wall system, which requires (1) installation of 208 42″ round steel interlocking pipe piles (2) installation of 60 30-inch steel template pipe piles and (3) removal of 64 30″ template pipe piles, which includes the removal of 4 additional piles that were installed under the 2024 IHA, across the same number of construction days (n=160) between April and October 2025.

A detailed description of the construction project is provided in the Federal Register notice for the proposed 2024 IHA (88 FR 74451, October 31, 2023) and the proposed 2025 IHA (90 FR 11952, March 13, 2025). Therefore, a detailed description is not provided here. Please refer to the Federal Register notices for the description of the specific activity.

A notice of NMFS' proposal to issue an IHA to USAF was published in the Federal Register on DATE (90 FR 11952, March 13, 2025). That notice described, in detail, USAF's activity, the marine mammal species that may be affected by the activity, and the anticipated effects on marine mammals. In that notice, we requested public input on the request for authorization described therein, our analyses, the proposed authorization, and any other aspect of the notice of proposed IHA, and requested that persons submit relevant information, suggestions, and comments. During the 30-day public comment period, NMFS did not receive any substantive comments on the proposed IHA.

A detailed description of the species likely to be affected by USAF's Fuel Pier Repair project, including brief introductions to the species and relevant stocks, available information regarding population trends and threats, and information regarding local occurrence, were provided in the Federal Register notice for the proposed IHA (88 FR 74451, October 31, 2023); since that time, we are not aware of any changes in the status of these species and stocks; therefore, detailed descriptions are not provided here. A summary of species is provided in table 1. NMFS reviewed the most recent SARs, including the draft 2024 SARs, (found on NMFS' website at https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments ), up-to-date information on relevant Unusual Mortality Events (UMEs; https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-unusual-mortality-events ), and recent scientific literature and determined that the new information does not change our original analysis of impacts under the 2024 IHA. Please refer to that Federal Register notice for these descriptions. Please also refer to NMFS' website ( https://www.fisheries.noaa.gov/find-species ) for generalized species accounts.

Hearing is the most important sensory modality for marine mammals underwater, and exposure to anthropogenic sound can have deleterious effects. To appropriately assess the potential effects of exposure to sound, it is necessary to understand the frequency ranges marine mammals are able to hear. Not all marine mammal species have equal hearing capabilities ( e.g., Richardson et al., 1995; Wartzok and Ketten, 1999; Au and Hastings, 2008). To reflect this, Southall et al. (2007, 2019) recommended that marine mammals be divided into hearing groups based on directly measured (behavioral or auditory evoked potential techniques) or estimated hearing ranges (behavioral response data, anatomical modeling, etc. ). Subsequently, NMFS (2018, 2024) described generalized hearing ranges for these marine mammal hearing groups. Generalized hearing ranges were chosen based on the approximately 65-decibel (dB) threshold from the normalized composite audiograms, with the exception for lower limits for low-frequency cetaceans where the lower bound was deemed to be biologically implausible and the lower bound from Southall et al. (2007) retained. Note that since the issuance of the 2024 IHA, NMFS' 2024 Technical Guidance was finalized and has been incorporated into this analysis. The re-named marine mammal hearing groups that have been incorporated into this 2025 IHA are presented in table 2. The references, analysis, and methodology used in the development of the thresholds are described in the 2024 Technical Guidance, which may be accessed at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance .

Sections 101(a)(5)(D) of the Marine Mammal Protection Act (MMPA; 16 U.S.C. 1361 et seq. ) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review.

An authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth.

NMFS has defined “negligible impact” in 50 CFR 216.103 as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.

The MMPA states that the term “take” means to harass, hunt, capture, kill or attempt to harass, hunt, capture, or kill any marine mammal.

Except with respect to certain activities not pertinent here, the MMPA defines “harassment” as any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment).

On June 3, 2024, NMFS published final notice of our issuance of two consecutive 1-year IHAs authorizing take of marine mammals incidental to the Navy NW MPR project in Puget Sound, Washington (89 FR 47539). The effective dates of the Year 1 IHA were July 1, 2024 through June 30, 2025. On June 25, 2024, the Navy informed NMFS that the Year 1 project was delayed. None of the work identified in the initial IHA ( e.g., pile driving and removal) would occur due to a combination of funding and design issues and the need for additional consultation under the U.S. Endangered Species Act. On November 14, 2024, the Navy submitted a request that we reissue an identical IHA that would be effective from July 1, 2025 through June 30, 2026, in order to conduct the construction work that was analyzed and authorized through the previously issued IHA. Therefore, re-issuance of the IHA is appropriate.

The planned activities (including mitigation, monitoring, and reporting), authorized incidental take, and anticipated impacts on the affected stocks are the same as those analyzed and authorized through the previously issued IHA.

The purpose of the Navy's construction project is to maintain existing wharfs and piers that are needed to ensure continuance of necessary missions at three naval installations in Puget Sound, Washington. The location, timing, and nature of the activities, including the types of equipment planned for use, are within scope of those described in the initial IHA. The mitigation and monitoring are also as prescribed in the initial IHA.

Species that are expected to be taken by the planned activity include gray whale ( Eschrichtius robustus ), humpback whale ( Megaptera novaeangliae ), minke whale ( Balaenoptera acutorostrata ), killer whale ( Orcinus orca ), Dall's porpoise ( Phocoenoides dalli ), harbor porpoise ( Phocoena phocoena ), California sea lion ( Zalophus califonianus ), Steller sea lion ( Eumetopias jubatus ), harbor seal ( Phoca vitulina ), northern elephant seal ( Mirounga angustrirostris ). A description of the methods and inputs used to estimate take anticipated to occur and, ultimately, the take that was authorized is found in the previous documents referenced above. The data inputs and methods of estimating take are identical to those used in the initial IHA. NMFS has reviewed recent Stock Assessment Reports, information on relevant Unusual Mortality Events, and recent scientific literature, and determined that no new information affects our original analysis of impacts or take estimate under the initial IHA.

We refer to the documents related to the previously issued IHA, which include the Federal Register notice of the issuance of the initial 2024 IHA for the Navy's construction work (89 FR 47539), the Navy's application, the Federal Register notice of the proposed IHA (89 FR 25580), and all associated references and documents.

The Navy will conduct activities as analyzed in the initial 2024 IHA. As described above, the number of authorized takes of the same species and stocks of marine mammals are identical to the numbers that were found to meet the negligible impact and small numbers standards and authorized under the initial IHA and no new information has emerged that would change those findings. The re-issued 2025 IHA includes identical required mitigation, monitoring, and reporting measures as the initial IHA, and there is no new information suggesting that our analysis or findings should change.

Based on the information contained here and in the referenced documents, NMFS has determined the following: (1) the required mitigation measures will effect the least practicable impact on marine mammal species or stocks and their habitat; (2) the authorized takes will have a negligible impact on the affected marine mammal species or stocks; (3) the authorized takes represent small numbers of marine mammals relative to the affected stock abundances; and (4) the Navy's activities will not have an unmitigable adverse impact on taking for subsistence purposes as no relevant subsistence uses of marine mammals are implicated by this action.

To comply with the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq. ) and NOAA Administrative Order (NAO) 216-6A, NMFS must review our proposed action with respect to environmental consequences on the human environment.

Accordingly, NMFS has determined that the issuance of the IHA qualifies to be categorically excluded from further NEPA review. This action is consistent with categories of activities identified in CE B4 of the Companion Manual for NAO 216-6A, which do not individually or cumulatively have the potential for significant impacts on the quality of the human environment and for which we have not identified any extraordinary circumstances that would preclude this categorical exclusion.

Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16 U.S.C. 1531 et seq. ) requires that each Federal agency insure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of designated critical habitat. To ensure ESA compliance for the issuance of IHAs, NMFS consults internally whenever we propose to authorize take for endangered or threatened species, in this case with the West Coast Regional Office (WCRO).

NMFS is authorizing take of southern resident killer whale, as well as two distinct population segments of humpback whale (Central American/Southern Mexico-California-Oregon-Washington and Mainland Mexico-California-Oregon-Washington), which are listed under the ESA.

The NMFS WCRO issued a Biological Opinion under section 7 of the ESA on the issuance of an IHA to the Navy under section 101(a)(5)(D) of the MMPA by NMFS Office of Protected Resources The biological opinion concluded that the action is not likely to jeopardize the continued existence of the listed species. WCRO confirmed that NMFS' current action remains covered by the programmatic Biological Opinion (WCRO-2016-00018) completed for the issuance of regulations preceding the IHA upon which the reissued IHA is based (83 FR 9366, March 5, 2018), and that re-initiation of the consultation is not required.

NMFS has issued an IHA to the Navy for in-water construction activities associated with the specified activity from July 1, 2025 through June 30, 2026. All previously described mitigation, monitoring, and reporting requirements from the initial 2024 IHA are incorporated.

The Gulf, South Atlantic, and Caribbean Fishery Management Councils, in conjunction with NMFS and the Atlantic and Gulf States Marine Fisheries Commissions have implemented the Southeast Data, Assessment and Review (SEDAR) process, a multi-step method for determining the status of fish stocks in the Southeast Region. SEDAR is a multi-step process including: (1) Data Workshop, (2) a series of assessment webinars, and (3) A Review Workshop. The product of the Data Workshop is a report that compiles and evaluates potential datasets and recommends which datasets are appropriate for assessment analyses. The assessment webinars produce a report that describes the fisheries, evaluates the status of the stock, estimates biological benchmarks, projects future population conditions, and recommends research and monitoring needs. The product of the Review Workshop is an Assessment Summary documenting panel opinions regarding the strengths and weaknesses of the stock assessment and input data. Participants for SEDAR Workshops are appointed by the Gulf, South Atlantic, and Caribbean Fishery Management Councils and NMFS Southeast Regional Office, HMS Management Division, and Southeast Fisheries Science Center. Participants include data collectors and database managers; stock assessment scientists, biologists, and researchers; constituency representatives including fishermen, environmentalists, and NGO's; International experts; and staff of Councils, Commissions, and state and federal agencies.

The items of discussion during the Assessment Webinar II are as follows:

Participants will review the data recommendations and the assessment modelling work to date.

Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.

On January 20, 2025, President Trump issued Executive Order 14172 to rename the Gulf of Mexico as the Gulf of America. Any reference to Gulf of America red snapper in SEDAR reports and other documents refers to the same species of red snapper listed in 50 CFR part 622, Appendix A, Table I (Gulf of Mexico Reef Fish).

The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to the Council office (see ADDRESSES ) at least 5 business days prior to each workshop.

Authority: 16 U.S.C. 1801 et seq.

The Gulf, South Atlantic, and Caribbean Fishery Management Councils, in conjunction with NMFS and the Atlantic and Gulf States Marine Fisheries Commissions have implemented the Southeast Data, Assessment and Review (SEDAR) process, a multi-step method for determining the status of fish stocks in the Southeast Region. SEDAR is a multi-step process including: (1) Data/Assessment Workshop, and (2) a series of webinars. The product of the Data/Assessment Workshop is a report which compiles and evaluates potential datasets and recommends which datasets are appropriate for assessment analyses, and describes the fisheries, evaluates the status of the stock, estimates biological benchmarks, projects future population conditions, and recommends research and monitoring needs. Participants for SEDAR Workshops are appointed by the Gulf, South Atlantic, and Caribbean Fishery Management Councils and NMFS Southeast Regional Office, Highly Migratory Species (HMS) Management Division, and Southeast Fisheries Science Center. Participants include data collectors and database managers; stock assessment scientists, biologists, and researchers; constituency representatives including fishermen, environmentalists, and NGO's; International experts; and staff of Councils, Commissions, and state and federal agencies.

The items of discussion in the SEDAR 84 Review Workshop are as follows:

The stock assessment for U.S. Caribbean Yellowtail Snapper and Stoplight Parrotfish will be reviewed by an independent panel consisting of members from the Center for Independent Experts.

Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during these meetings. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.

These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to the Council office (see ADDRESSES ) at least 10 business days prior to the workshop.

Authority : 16 U.S.C. 1801 et seq.

Section 315(f) of the Coastal Zone Management Act (CZMA) requires NOAA to conduct periodic evaluations of federally approved national estuarine research reserves. The evaluation process includes holding one or more public meetings, considering public comments, and consulting with interested federal, state, and local agencies and members of the public. During the evaluation, NOAA will consider the extent to which the Florida Department of Environmental Protection has met the national objectives and has adhered to the management plan approved by the Secretary of Commerce, the requirements of section 315 of the CZMA, and the terms of financial assistance under the CZMA. When the evaluation is complete, NOAA's Office for Coastal Management will place a notice in the Federal Register announcing the availability of the final evaluation findings.

Authority: 16 U.S.C. 1461.

The Tilefish Monitoring Committee will meet via webinar to discuss management measures for both golden and blueline tilefish. The objectives of this meeting are for the Monitoring Committee to: (1) Review recent stock assessment information/data update, fishery performance, and recommendations from the Advisory Panel, Scientific and Statistical Committee, and staff; (2) Recommend commercial and recreational annual catch limits, annual catch targets, and total allowable landing limits/quotas for blueline tilefish for 2026-2028 and review previously set commercial and recreational annual catch limits, annual catch targets, and total allowable landing limits/quotas for golden tilefish for 2026; and (3) set commercial and recreational management measures for blueline tilefish and review commercial and recreational management measures for golden tilefish and recommend changes, if needed.

The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aid should be directed to Shelley Spedden, (302) 526-5251, at least 5 days prior to the meeting date.

Authority: 16 U.S.C. 1801 et seq.

This notice is published pursuant to 41 U.S.C. 8503 (a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions.

In accordance with 41 CFR 51-5.3(b), the Committee intends to add the services listed below to the Procurement List as a mandatory purchase only for contracting activities at the locations listed, with the proposed qualified nonprofit agency as the authorized source of supply. Prior to adding the service to the Procurement List, the Committee will consider other pertinent information, including information from Government personnel and relevant comments from interested parties regarding the Committee's intent to geographically limit this services requirement.

The following product(s) and service(s) are proposed for deletion from the Procurement List:

On March 21, 2025 (90 FR 13352), the Committee for Purchase From People Who Are Blind or Severely Disabled published notice of proposed deletions from the Procurement List. This notice is published pursuant to 41 U.S.C. 8503(a)(2) and 41 CFR 51-2.3.

After consideration of the relevant matter presented, the Committee has determined that the service(s) listed below are no longer suitable for procurement by the Federal Government under 41 U.S.C. 8501-8506 and 41 CFR 51-2.4.

I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were:

1. The action will not result in additional reporting, recordkeeping or other compliance requirements for small entities.

2. The action may result in authorizing small entities to furnish the service(s) to the Government.

3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 8501-8506) in connection with the service(s) deleted from the Procurement List.

Accordingly, the following service(s) are deleted from the Procurement List:

Purpose of the Committee: The Industrial Technology Innovation Advisory Committee (Committee) was established pursuant to the Energy Independence and Security Act (EISA) of 2007 as amended by Public Law 116-260, and in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. 10. The Committee is established to advise the Secretary of Energy (Secretary) on U.S. industry by identifying and evaluating any technologies being developed by the private sector relating to the focus areas described in section 454(c) of the EISA; identifying technology gaps in the private sector or other Federal agencies in those focus areas, and making recommendations on how to address those gaps; surveying and analyzing factors that prevent the adoption of emissions reduction technologies by the private sector; and recommending technology screening criteria for specific industrial technologies to encourage their adoption by the private sector.

Purpose of Meeting: ITIAC will hold this meeting to continue its work towards developing the first Committee report.

Tentative Agenda:

Public Participation: The ITIAC welcomes the attendance of the public at its meetings. Individuals who wish to offer public comments at the ITIAC meeting may do so, but must register in advance by 5 p.m. Eastern time on Thursday, May 8, 2025, by sending a written request identified by “ITIAC May 2025 Meeting,” to Dr. Zachary Pritchard at ITIAC@ee.doe.gov. Approximately 15 minutes will be reserved for public comments. Time allotted per speaker will depend on the number who wish to speak but is not expected to exceed three minutes. Anyone who is not able to attend the meeting, or for whom the allotted public comments time is insufficient to address pertinent issues with the ITIAC, is invited to send a written statement identified by “ITIAC May 2025 Meeting—Written Statement,” to Dr. Zachary Pritchard at ITIAC@ee.doe.gov.

Minutes: Minutes will be posted on the ITIAC website: https://www.energy.gov/eere/iedo/industrial-technology-innovation-advisory-committee. They can also be obtained by contacting ITIAC@ee.doe.gov.

Signing Authority: This document of the Department of Energy was signed on April 27, 2025, by David Borak, Committee Management Officer, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register .

Title: FERC-725K (Mandatory Reliability Standards for the SERC Region).

OMB Control No.: 1902-0260.

Type of Request: Three-year extension of the FERC-725K information collection requirements with no changes to the current reporting requirements.

Abstract: Section 215 of the Federal Power Act (FPA) requires a Commission-certified Electric Reliability Organization (ERO) to develop mandatory and enforceable Reliability Standards, which are subject to Commission review and approval. Once approved, the Reliability Standards may be enforced by NERC, subject to Commission oversight, or by the Commission independently.

Reliability Standards that NERC proposes to the Commission may include Reliability Standards that are proposed by a Regional Entity to be effective in that region. In Order No. 672, the Commission noted that:

When NERC reviews a regional Reliability Standard that would be applicable on an interconnection-wide basis and that has been proposed by a Regional Entity organized on an interconnection-wide basis, NERC must rebuttably presume that the regional Reliability Standard is just, reasonable, not unduly discriminatory or preferential, and in the public interest. In turn, the Commission must give “due weight” to the technical expertise of NERC and of a Regional Entity organized on an interconnection-wide basis.

On April 19, 2007, the Commission accepted delegation agreements between NERC and each of the eight Regional Entities. In the order, the Commission accepted SERC as a Regional Entity organized on less than an interconnection-wide basis. As a Regional Entity, SERC oversees Bulk-Power System reliability within the SERC Region, which covers a geographic area of approximately 560,000 square miles in a sixteen-state area in the southeastern and central United States (all of Missouri, Alabama, Tennessee, North Carolina, South Carolina, Georgia, Mississippi, and portions of Iowa, Illinois, Kentucky, Virginia, Oklahoma, Arkansas, Louisiana, Texas and Florida). The SERC Region is currently geographically divided into five subregions that are identified as Southeastern, Central, VACAR, Delta, and Gateway.

For this renewal, there is only one SERC region Reliability Standard, PRC-006-SERC-3 (Automatic Underfrequency Load Shedding Requirements). PRC-006-SERC-3 is applicable to these SERC entities, 27 planning coordinators (PC), 212 generator owners (GO), and UFLS entities made up 70 transmission owners (TO) and 95 distribution providers.

Type of Respondents: Entities registered with the North American Electric Reliability Corporation (within the SERC region).

Estimate of Annual Burden:   1 The Commission estimates the annual reporting burden and cost for the information collection as:

Comments: Comments are invited on: (1) whether the collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of the burden and cost of the collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information collection; and (4) ways to minimize the burden of the collection of information on those who are to respond, including the use of automated collection techniques or other forms of information technology.

OMB Control Number: 3060-0989.

Title: Sections 63.01, 63.03, 63.04, Procedures for Applicants Requiring Section 214 Authorization for Domestic Interstate Transmission Lines Acquired Through Corporate Control.

Form Number: N/A.

Type of Review: Extension of a currently-approved collection.

Respondents: Business or other for-profit.

Number of Respondents and Responses: 92 respondents; 92 responses.

Estimated Time per Response: 1.5-14 hours.

Frequency of Response: On occasion reporting requirement.

Obligation to Respond: Mandatory. Statutory authority for this collection is contained in 47 U.S.C. 152, 154(i)-(j), 201, 214, and 303(r).

Total Annual Burden: 1,201 hours.

Total Annual Cost: $126,600.

Needs and Uses: A Report and Order, FCC 02-78, adopted and released in March 2002 (Order), set forth the procedures for common carriers requiring authorization under section 214 of the Communications Act of 1934, as amended, to acquire domestic interstate transmission lines through a transfer of control. Under section 214 of the Act, carriers must obtain FCC approval before constructing, acquiring, or operating an interstate transmission line. Acquisitions involving interstate common carriers require affirmative action by the Commission before the acquisition can occur. This information collection contains filing procedures for domestic transfer of control applications under sections 63.03 and 63.04. The FCC filing fee for section 214 applications is currently $1,445 per application, which reflects an increase from the previous fee of $1,230 per application. The filing fee for domestic transfer of control requests for special temporary authority (STA) is currently $755 per application, which reflects an increase from the previous fee is $675 per application.

(a) Sections 63.03 and 63.04 require domestic section 214 applications involving domestic transfers of control, at a minimum, should specify: (1) the name, address and telephone number of each applicant; (2) the government, state, or territory under the laws of which each corporate or partnership applicant is organized; (3) the name, title, post office address, and telephone number of the officer or contact point, such as legal counsel, to whom correspondence concerning the application is to be addressed; (4) the name, address, citizenship, and principal business of any person or entity that directly or indirectly owns at least ten percent of the equity of the applicant, and the percentage of equity owned by each of those entities (to the nearest one percent); (5) certification pursuant to 47 CFR 1.2001 that no party to the application is subject to a denial of Federal benefits pursuant to section 5301 of the Anti-Drug Abuse Act of 1988; (6) a description of the transaction; (7) a description of the geographic areas in which the transferor and transferee (and their affiliates) offer domestic telecommunications services, and what services are provided in each area; (8) a statement as to how the application fits into one or more of the presumptive streamlined categories in section 63.03 or why it is otherwise appropriate for streamlined treatment; (9) identification of all other Commission applications related to the same transaction; (10) a statement of whether the applicants are requesting special consideration because either party to the transaction is facing imminent business failure; (11) identification of any separately filed waiver request being sought in conjunction with the transaction; and (12) a statement showing how grant of the application will serve the public interest, convenience, and necessity, including any additional information that may be necessary to show the effect of the proposed transaction on competition in domestic markets.

In FCC 20-133, adopted September 30, 2020, and released October 1, 2020, the Commission, in order to reduce the need for supplemental requests and to ensure expeditious processing of applications, added the requirements in § 63.04(a)(4) for carrier applicants seeking domestic section 214 authorization to transfer control to specify the voting interests of any person or entity owning 10 percent of the applicants, as well as provide an ownership diagram that illustrates an applicant's vertical ownership structure: (i) The name, address, citizenship, and principal business of any person or entity that directly or indirectly owns ten percent or more of the equity interests and/or voting interests, or a controlling interest, of the applicant, and the percentage of equity and/or voting interest owned by each of those entities (to the nearest one percent). Where no individual or entity directly or indirectly owns ten percent or more of the equity interests and/or voting interests, or a controlling interest, of the applicant, a statement to that effect; and (ii) An ownership diagram that illustrates the applicant's vertical ownership structure, including the direct and indirect ownership (equity and voting) interests held by the individuals and entities named in response to paragraph (a)(4)(i) of this section. Every individual or entity with ownership shall be depicted and all controlling interests must be identified. The ownership diagram shall include both the pre-transaction and post-transaction ownership of the authorization holder.

Where an applicant wishes to file a joint international section 214 transfer of control application and domestic section 214 transfer of control application, the applicant must submit information that satisfies the requirements of 47 CFR 63.18. In the attachment to the international application, the applicant must submit information described in 47 CFR 63.04(a)(6).

When the Commission, acting through the Wireline Competition Bureau, determines that applicants have submitted a complete application qualifying for streamlined treatment, it shall issue a public notice commencing a 30-day review period to consider whether the transaction serves the public interest, convenience and necessity. Parties will have 14 days to file any comments on the proposed transaction, and applicants will be given 7 days to respond. (b) Applicants are not required to file post-consummation notices of pro forma transactions, except that a post transaction notice must be filed with the Commission within 30 days of a pro forma transfer to a bankruptcy trustee or a debtor-in-possession. The notification can be in the form of a letter (in duplicate to the Secretary, Federal Communications Commission). The letter or other form of notification must also contain the information listed in sections (a)(1). A single letter may be filed for more than one such transfer of control. The information will be used by the Commission to ensure that applicants comply with the requirements of 47 U.S.C. 214.

OMB Control Number: 3060-0341.

Title: Section 73.1680, Emergency Antennas.

Form Number: Not applicable.

Type of Review: Extension of a currently approved collection.

Respondents: Business or other for-profit entities; not-for-profit institutions.

Number of Respondents and Responses: 142 respondents; 142 responses.

Estimated Time per Response: 1 hour.

Frequency of Response: On occasion reporting requirement.

Total Annual Burden: 142 hours.

Total Annual Costs: $42,600.

Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection of information is contained in Section 154(i) of the Communications Act of 1934, as amended.

Needs and Uses: The information collection requirements contained in 47 CFR 73.1680 require that licensees of AM, FM or TV stations submit an informal request to the FCC (within 24 hours of commencement of use) to continue operation with an emergency antenna. An emergency antenna is one that is erected for temporary use after the authorized main and auxiliary antennas are damaged and cannot be used. FCC staff uses the data to ensure that interference is not caused to other existing stations.

Proposal to renew the following currently approved collection of information:

1. Title: ID Theft Red Flags.

OMB Number: 3064-0152.

Form Number: None.

Affected Public: Insured State nonmember banks.

Burden Estimate:

General Description of Collection: The regulation containing this information collection requirement is 12 CFR part 334, which implements sections 114 and 315 of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act), Public Law 108-159 (2003). FACT Act Section 114: Section 114 requires the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, and the FDIC (the Agencies) to jointly propose guidelines for financial institutions and creditors identifying patterns, practices, and specific forms of activity that indicate the possible existence of identity theft. In addition, each financial institution and creditor is required to establish reasonable policies and procedures to address the risk of identity theft that incorporate the guidelines. Credit card and debit card issuers must develop policies and procedures to assess the validity of a request for a change of address under certain circumstances. The information collections pursuant to section 114 require each financial institution and creditor to create an Identity Theft Prevention Program and report to the board of directors, a committee thereof, or senior management at least annually on compliance with the proposed regulations. In addition, staff must be trained to carry out the program. Each credit and debit card issuer is required to establish policies and procedures to assess the validity of a change of address request. The card issuer must notify the cardholder or use another means to assess the validity of the change of address. FACT Act Section 315: Section 315 requires the Agencies to issue regulations providing guidance regarding reasonable policies and procedures that a user of consumer reports must employ when such a user receives a notice of address discrepancy from a consumer reporting agency. Part 334 provides such guidance. Each user of consumer reports must develop reasonable policies and procedures that it will follow when it receives a notice of address discrepancy from a consumer reporting agency. A user of consumer reports must furnish an address that the user has reasonably confirmed to be accurate to the consumer reporting agency from which it receives a notice of address discrepancy. There is no change in the methodology or substance of this information collection. The 7,847 decrease in total estimated annual burden from 72,784 hours in 2022 to 64,937 hours currently is due to a decrease in the estimated number of respondents and a reduction in the estimated number of responses per respondent.

2. Title: Loans in Areas Having Special Flood Hazards.

OMB Number: 3064-0207.

Form Number: None.

Affected Public: Private sector.

Burden Estimate: