[Federal Register Volume 80, Number 225 (Monday, November 23, 2015)]
[Notices]
[Page 72950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29804]



[[Page 72950]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-979]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Notice of Court 
Decision Not in Harmony With Final Determination of Investigation and 
Notice of Amended Final Determination of Investigation Pursuant to 
Court Decision

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 5, 2015, the United States Court of International 
Trade (``CIT'') issued its final judgment in Jiangsu Jiasheng 
Photovoltaic Technology Co., Ltd. v. United States Consol. Court No. 
13-00012\1\ sustaining the Department of Commerce's (``the 
Department'') final results of remand redetermination.\2\ Consistent 
with the decision of the United States Court of Appeals for the Federal 
Circuit (``CAFC'') in Timken Co. v. United States, 893 F.2d 337 (Fed. 
Cir. 1990) (``Timken''), as clarified by Diamond Sawblades Mfrs. 
Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond 
Sawblades''), the Department is notifying the public that the final 
judgment in this case is not in harmony with the Department's Final 
Determination and Amended Final Determination in the antidumping duty 
investigation of crystalline silicon photovoltaic cells, whether or not 
assembled into modules (``solar cells''), from the People's Republic of 
China (``PRC''),\3\ and is amending its determination with respect to 
granting separate rates to three specific respondents: Tianwei New 
Energy (Chengdu) PV Module Co., Ltd. (``Tianwei New Energy''), Dongfang 
Electric (Yixing) MAGI Solar Power Technology Co., Ltd. (``Dongfang 
Electric''), and Sumec Hardware & Tools Co., Ltd. (``Sumec Hardware'').
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    \1\ See Jiangsu Jiasheng Photovoltaic Technology Co., Ltd. v. 
United States, Consol. Court No. 13-00012, Slip Op. 15-113 (CIT 
October 5, 2015) (``Jiangsu II'').
    \2\ See Final Results of Redetermination Pursuant to Court 
Order, Jiangsu Jiasheng Photovoltaic Technology Co., Ltd. v. United 
States, Consol. Court No. 13-00012 (April 20, 2015) (``Remand 
Results'').
    \3\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value, and Affirmative 
Final Determination of Critical Circumstances, in Part, 77 FR 63791 
(October 17, 2012) (``Final Determination''); Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled Into Modules, From the 
People's Republic of China: Amended Final Determination of Sales at 
Less Than Fair Value, and Antidumping Duty Order, 77 FR 73018 
(December 7, 2012) (``Amended Final Determination'') (collectively, 
``Investigation Final Determination'').

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DATES: Effective Date: October 15, 2015.

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, AD/CVD Operations, 
Office IV, Enforcement and Compliance--International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC, 20230; telephone (202) 482-
2769.

SUPPLEMENTARY INFORMATION:

Background

    Subsequent to the publication of the Amended Final Determination, 
SolarWorld Americas, Inc. filed a complaint with the CIT challenging, 
in part, the Department's determination that certain separate-rate 
applicants were eligible for a separate rate.
    On June 6, 2014, the United States requested a voluntary remand to 
reconsider and reevaluate its determination to grant a separate rate to 
four specific respondents: Tianwei New Energy, Dongfang Electric, Sumec 
Hardware, and Ningbo ETDZ Holdings Ltd. (``Ningbo ETDZ''). On November 
20, 2014, the CIT granted the Department's request for a voluntary 
remand.
    On April 20, 2015, the Department issued its Remand Results, in 
which the Department determined that Tianwei New Energy, Dongfang 
Electric, and Sumec Hardware did not meet the criteria for a separate 
rate, but that Ningbo ETDZ did meet the criteria for a separate rate.
    On October 5, 2015, the Court issued its decision in Jiangsu II 
sustaining the Department's Remand Results.\4\
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    \4\ See Jiangsu II.
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Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the CAFC held that, pursuant to section 516A(e) of the 
Tariff Act of 1930, as amended (``the Act''), the Department must 
publish a notice of a court decision that is not ``in harmony'' with a 
Department determination and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The CIT's October 5, 2015, 
judgment sustaining the Department's Remand Results to not grant 
separate rates to Tianwei New Energy, Dongfang Electric, and Sumec 
Hardware, constitutes a final decision of that court that is not in 
harmony with the Department's Investigation Final Determination. This 
notice is published in fulfillment of the publication requirements of 
Timken. Accordingly, the Department will continue the suspension of 
liquidation of the subject merchandise pending the expiration of the 
period of appeal, or if appealed, pending a final and conclusive court 
decision.

Amended Final Determination

    Because there is now a final court decision with respect to this 
case, the Department is amending its Investigation Final Determination 
with respect to granting separate rates to Tianwei New Energy, Dongfang 
Electric, and Sumec Hardware. We have found that Tianwei New Energy, 
Dongfang Electric, and Sumec Hardware do not meet the criteria for a 
separate rate. Accordingly, these companies are part of the PRC-wide 
entity. Additionally, the Department will instruct U.S. Customs and 
Border Protection to collect cash deposits from Tianwei New Energy, 
Dongfang Electric, and Sumec Hardware at the cash deposit rate 
applicable to the PRC-wide entity, effective October 15, 2015. The 
current cash deposit rate applicable to the PRC-wide entity is 238.95 
percent.\5\
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    \5\ Although the Department noted in the Remand Results that the 
cash deposit rate applicable to the PRC-wide entity is 249.96 
percent, the current cash deposit rate, after adjusting for 
subsidies, is 238.95 percent. See Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled Into Modules, From the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review and Final Determination of No Shipments; 2012-2013, 80 FR 
40998, 41002 n.50 (July 14, 2015).
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    This notice is issued and published in accordance with sections 
516A(e)(1), 735(d), and 777(i)(1) of the Act.

    Dated: November 17, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-29804 Filed 11-20-15; 8:45 am]
 BILLING CODE 3510-DS-P