[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Notices]
[Page 26648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12025]
[[Page 26648]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-853]
Certain Crystalline Silicon Photovoltaic Products From Taiwan:
Notice of Court Decision Not in Harmony With the Final Results of the
Antidumping Duty Administrative Review, 2014-2016; and Notice of
Amended Final Results of the Antidumping Duty Administrative Review,
2014-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On May 22, 2019, the United States Court of International
Trade (CIT) issued its final judgment sustaining the final results of
redetermination pertaining to the first antidumping duty (AD)
administrative review of certain crystalline silicon photovoltaic
products from Taiwan. The Department of Commerce (Commerce) is
notifying the public that the final judgment in this case is not in
harmony with the final results of the AD administrative review, and
that Commerce is amending the final results with respect to the
weighted-average dumping margins assigned to Sino-American Silicon
Products Inc. (SAS) and Solartech Energy Corp. (Solartech)
(collectively, SAS-Solartech), and the non-selected companies.
DATES: Applicable June 1, 2019.
FOR FURTHER INFORMATION CONTACT: Magd Zalok, AD/CVD Operations, Office
IV, Enforcement and Compliance--International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone (202) 482-4162.
SUPPLEMENTARY INFORMATION:
Background
On July 7, 2017, the Department published the Final Results.\1\
Subsequently, SAS-Solartech, the respondent in the underlying
proceeding, filed suit at the CIT to challenge certain aspects of the
Final Results. On November 13, 2018, the CIT remanded the Final Results
to Commerce, concluding that it was unreasonable for Commerce to have
ignored the record evidence regarding SAS sales shipped through U.S.
Foreign Trade Zones (FTZs) destined for sale in Mexico, and that the
inclusion of such sales as sales to the United States was unreasonable
and not supported by substantial evidence.\2\ On February 15, 2019,
Commerce issued its Remand Results, in which, consistent with the
Remand Order, certain sales by SAS that were admitted to U.S. FTZs in
transit to Mexico were excluded from the margin calculation for SAS-
Solartech.\3\
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\1\ See Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Final Results of Antidumping Duty Administrative Review;
2014-2016, 82 FR 31555 (July 7, 2017) (Final Results).
\2\ See SolarWorld Americas, Inc. v. United States, 353 F. Supp.
3d 1315, 1323 (CIT 2018) (Remand Order).
\3\ See Final Results of Redetermination Pursuant to Court
Order, SolarWorld Americas, Inc. v. United States, Consol. Court No.
17-00208 (February 15, 2019) (Remand Results).
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On May 22, 2019, the CIT sustained Commerce's Remand Results, and
entered final judgment.\4\
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\4\ See SolarWorld Americas, Inc. v. United States, Slip Op. 19-
63, Consol. Court No. 17-00208 (CIT 2019).
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Timken Notice
In its decision in Timken,\5\ as clarified by Diamond Sawblades,\6\
the Court of Appeals for the Federal Circuit held that, pursuant to
section 516A(e) of the Tariff Act of 1930, as amended (the Act),
Commerce must publish a notice of a court decision that is not ``in
harmony'' with a Commerce determination, and must suspend liquidation
of entries pending a ``conclusive'' court decision. The CIT's May 22,
2019, judgment sustaining Commerce's Remand Results constitutes a final
decision of that court that is not in harmony with Commerce's Final
Results. This notice is published in fulfillment of the publication
requirements of Timken. Commerce 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.
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\5\ See Timken Co. v. United States, 893 F. 2d 337 (Fed. Cir.
1990) (Timken).
\6\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F. 3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results
Because there is now a final court decision, Commerce is amending
its Final Results with respect to SAS-Solartech's weighted-average
dumping margin. Additionally, because the rate for the non-selected
companies was based, in part, on SAS-Solartech's weighted-average
dumping margin, Commerce is amending the rate for the non-selected
companies. The revised weighted-average dumping margins for SAS-
Solartech and the non-selected companies for the July 31, 2014, through
January 31, 2016, period of review are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin (%)
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Sino-American Silicon Products Inc./Solartech Energy Corp... 1.52
AU Optronics Corporation.................................... 3.78
EEPV CORP................................................... 3.78
E-TON Solar Tech. Co., Ltd.................................. 3.78
Gintech Energy Corporation.................................. 3.78
Inventec Energy Corporation................................. 3.78
Inventec Solar Energy Corporation........................... 3.78
Kyocera Mexicana S.A. de C.V................................ 3.78
Sunengine Corporation Ltd................................... 3.78
TSEC Corporation............................................ 3.78
Win Win Precision Technology Co., Ltd....................... 3.78
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In the event the CIT's ruling is not appealed or, if appealed, is
upheld by a final and conclusive court decision, Commerce will instruct
U.S. Customs and Border Protection to assess antidumping duties on
unliquidated entries of subject merchandise based on the revised rates
calculated by Commerce in the Remand Results, and listed above.
Cash Deposit Requirements
Because the cash deposit rate for the companies listed above, with
the exception of E-TON Solar Tech. Co., Ltd., Inventec Energy
Corporation, and Sunengine Corporation Ltd., have been superseded by
cash deposit rates calculated in intervening administrative reviews of
the antidumping duty order on solar cells from Taiwan,\7\ we will not
alter the cash deposit rate currently in effect for these respondents
based on these amended final results. Effective June 1, 2019, the cash
deposit rate applicable to entries of subject merchandise exported by
E-TON Solar Tech. Co., Ltd., Inventec Energy Corporation, and Sunengine
Corporation Ltd. is 3.78 percent.
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\7\ See Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Final Results of Antidumping Duty Administrative Review;
2016-2017, 83 FR 30401 (June 28, 2018).
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This notice is issued and published in accordance with sections
516A(e), 751(a)(1) and 777(i)(1) of the Act.
Dated: June 3, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-12025 Filed 6-6-19; 8:45 am]
BILLING CODE 3510-DS-P