[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Notices]
[Pages 10431-10432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04753]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-980]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Final Results of the 
Expedited First Sunset Review of the Countervailing Duty Order

AGENCY: International Trade Administration, Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) finds that revocation of 
the countervailing duty (CVD) order on crystalline silicone 
photovoltaic (CSPV) cells, whether or not assembled into modules, from 
the People's Republic of China (China) would be likely to lead to 
continuation or recurrence of a countervailable subsidy at the levels 
indicated in the ``Final Results of Sunset Review'' section of this 
notice.

DATES: Applicable March 9, 2018.

FOR FURTHER INFORMATION CONTACT: Caitlin Monks, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone (202) 482-2670.

SUPPLEMENTARY INFORMATION:

Background

    On December 7, 2012, Commerce published the CVD order on CSPV cells 
from China.\1\ On November 1, 2017, Commerce published a notice of 
initiation of the first sunset review of the Order, pursuant to section 
751(c)(2) of the Tariff Act of 1930, as amended (the Act).\2\ On 
November 13, 2017, SolarWorld Americas, Inc. (SolarWorld or the 
petitioner) filed a notice of intent to participate in the review 
within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ SolarWorld 
claimed interested party status pursuant to section 771(9)(C) of the 
Act, as a manufacturer of CSPV cells and modules in the United States.
---------------------------------------------------------------------------

    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from the People's Republic of China: 
Countervailing Duty Order, 77 FR 73017 (December 7, 2012) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 82 FR 50612 
(November 1, 2017).
    \3\ See Petitioner's Letter, ``Notice of Intent to Participate 
in Sunset Review,'' dated November 13, 2017, (Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules, from the 
People's Republic of China: Notice of Intent to Participate in 
Sunset Review).
---------------------------------------------------------------------------

    Commerce received an adequate substantive response from the 
domestic industry within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). Commerce did not receive a response from the 
Government of China (GOC), nor any other respondent interested party to 
the proceeding. As a result, pursuant to section 751(c)(3)(B) of the 
Act and 19 CFR 351.218(e)(l)(ii)(B)(2) and (C)(2), Commerce conducted 
an expedited review of the Order. The deadline for this sunset review 
was extended to March 5, 2018, as a result of the tolling of deadlines 
for the January 20-22, 2018, closure of the Federal Government.\4\
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the Order is crystalline silicon 
photovoltaic cells, whether or not assembled into modules, from China. 
Certain CSVP cells that are the subject of the Order are currently 
classifiable under subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 
8541.40.6030, and 8501.31.8000 of the Harmonized Tariff Schedule of the 
United States (HTSUS). While HTSUS subheadings are provided for 
convenience and customs purposes, the written description is 
dispositive. The Issues and Decision Memorandum, which is hereby 
adopted by this notice, provides a full description of the scope of the 
Order.\5\
---------------------------------------------------------------------------

    \5\ See Issues and Decision Memorandum dated concurrently with 
this Federal Register notice.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in this review are addressed in the accompanying 
Issues and Decision Memorandum. The issues include the likelihood of 
continuation or recurrence of a countervailable subsidy, the net 
countervailable subsidy rate likely to prevail if the Order were 
revoked, and the nature of the subsidies. 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, and to all parties in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed at http://enforcement.trade.gov/frn/. The 
signed Issues and Decision Memorandum and the electronic version of the 
Issues and Decision Memorandum are identical in content.

Final Results of Sunset Review

    Pursuant to sections 752(b)(1) and (3) of the Act, we determine 
that revocation of the CVD order on CSPV from China would be likely to 
lead to continuation or recurrence of a net countervailable subsidy at 
the rates listed below:

------------------------------------------------------------------------
                                                              Net
                                                        countervailable
          Manufacturers/exporters/producers               subsidy rate
                                                           (percent)
------------------------------------------------------------------------
Suntech..............................................               18.2
Trina................................................              19.41
All Others...........................................              18.82
------------------------------------------------------------------------

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders

[[Page 10432]]

is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.
    Commerce is issuing and publishing these final results and this 
notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the 
Act and 19 CFR 351.218.

    Dated: March 5, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-04753 Filed 3-8-18; 8:45 am]
 BILLING CODE 3510-DS-P