[Federal Register Volume 84, Number 148 (Thursday, August 1, 2019)]
[Notices]
[Pages 37674-37676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16363]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. TA-201-75 (Monitoring)]
Crystalline Silicon Photovoltaic Cells, Whether or Not Partially
or Fully Assembled Into Other Products: Monitoring Developments in the
Domestic Industry Institution and Scheduling Notice for the Subject
Investigation
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission has instituted investigation No. TA-201-75
(Monitoring), Crystalline Silicon Photovoltaic Cells, Whether or Not
Partially or Fully Assembled Into Other
[[Page 37675]]
Products: Report on Monitoring of Developments in the Domestic
Industry, for the purpose of preparing the report to the President and
the Congress required by section 204(a)(2) of the Trade Act of 1974 on
its monitoring of developments in the domestic industry following the
President's decision to impose a safeguard measure on imports of
certain crystalline silicon photovoltaic (``CSPV'') cells, whether or
not partially or fully assembled into other products (including, but
not limited to, modules, laminates, panels, and building-integrated
materials)(``CSPV products''), as described in Proclamation 9693 of
January 23, 2018.
DATES: July 25, 2019.
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of
Investigations, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436. Hearing-impaired persons can obtain information
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special
assistance in gaining access to the Commission should contact the
Office of the Secretary at 202-205-2000. General information concerning
the Commission may also be obtained by accessing its internet server
(https://www.usitc.gov). The public record for this investigation may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--On January 23, 2018, the President, pursuant to
section 203 of the Trade Act of 1974 (19 U.S.C. 2253) (Trade Act),
issued Proclamation 9693, imposing a safeguard measure on imports of
CSPV products, in the form of (a) a tariff-rate quota on imports of
solar cells not partially or fully assembled into other products and
(b) an increase in duties on imports of modules. The proclamation was
published in the Federal Register on January 25, 2018 (83 FR 3541). The
measure took effect on February 7, 2018, for a period of four years, or
through February 7, 2022. The President imposed the measure following
receipt of a report from the Commission in November 2017 under section
202 of the Trade Act (19 U.S.C. 2252) that contained an affirmative
determination, remedy recommendations, and certain additional findings
(see Crystalline Silicon Photovoltaic Cells (Whether or not Partially
or Fully Assembled into Other Products), investigation No. TA-201-75,
USITC Publication 4739, November 2017).
Section 204(a)(1) of the Trade Act (19 U.S.C. 2254(a)(1)) requires
the Commission to monitor developments with respect to the domestic
industry, including the progress and specific efforts made by workers
and firms in the domestic industry to make a positive adjustment to
import competition, as long as any action under section 203 of the
Trade Act remains in effect. Whenever the initial period of such an
action exceeds 3 years, section 204(a)(2) requires the Commission to
submit a report on the results of the monitoring to the President and
the Congress no later than the mid-point of the initial period of the
relief--in this case by February 7, 2020. Section 204(a)(3) requires
the Commission to hold a hearing in the course of preparing such
report.
For further information concerning the conduct of this
investigation, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 206, subparts A and F (19
CFR part 206).
Participation in the investigation and service list.--Persons
wishing to participate in the investigation as parties must file an
entry of appearance with the Secretary to the Commission, as provided
in section 201.11 of the Commission's rules, not later than 21 days
after publication of this notice in the Federal Register. The Secretary
will prepare a service list containing the names and addresses of all
persons, or their representatives, who are parties to this
investigation upon the expiration of the period for filing entries of
appearance.
Limited disclosure of confidential business information (CBI).--
Pursuant to section 206.17 of the Commission's rules, the Secretary
will make CBI gathered in this investigation available to authorized
applicants representing interested parties (as defined in 19 CFR
206.17(a)(3)(iii)) under an administrative protective order (APO)
issued in the investigation, provided that the application is made not
later than 21 days after the publication of this notice in the Federal
Register. A separate service list will be maintained by the Secretary
for those parties authorized to receive CBI under the APO.
The Commission may include CBI in the report it sends to the
President and to the U.S. Trade Representative. Additionally, all
information, including CBI, submitted in this investigation may be
disclosed to and used by (i) the Commission, its employees and Offices,
and contract personnel (a) for developing or maintaining the records of
this or a related proceeding, or (b) in internal investigations,
audits, reviews, and evaluations relating to the programs, personnel,
and operations of the Commission including under 5 U.S.C. Appendix 3;
or (ii) by U.S. government employees and contract personnel for
cybersecurity purposes.
The Commission will not release information which the Commission
considers to be confidential business information unless the party
submitting the confidential business information had notice, at the
time of submission, that such information would be released by the
Commission, or such party subsequently consents to the release of the
information. The Commission will not otherwise disclose any CBI in a
manner that would reveal the operations of the firm supplying the
information.
Public hearing.--As required by statute, the Commission has
scheduled a hearing in connection with this investigation. The hearing
will be held beginning at 9:30 a.m. on December 5, 2019, at the U.S.
International Trade Commission Building, 500 E Street SW, Washington,
DC. Requests to appear at the hearing should be filed in writing with
the Secretary to the Commission on or before December 2, 2019. All
persons desiring to appear at the hearing and make an oral presentation
should participate in a prehearing conference to be held on December 4,
2019 at the U.S. International Trade Commission Building, if deemed
necessary. Oral testimony and written materials to be submitted at the
hearing are governed by sections 201.6(b)(2), and 201.13(f) of the
Commission's rules. Parties must submit any request to present a
portion of their hearing testimony in camera no later than 7 days prior
to the date of the hearing.
Written submissions.--Each party is encouraged to submit a
prehearing brief to the Commission. The deadline for filing prehearing
briefs is November 26, 2019. Parties may also file posthearing briefs.
The deadline for filing posthearing briefs is December 12, 2019. In
addition, any person who has not entered an appearance as a party to
the investigation may submit, on or before December 12, 2019, a written
statement concerning the matters to be addressed in the Commission's
report to the President. All written submissions must conform with the
provisions of section 201.8 of the Commission's rules; any submissions
that contain CBI must also conform with the requirements of section
201.6 of the Commission's rules. Any CBI that is provided will be
subject to limited disclosure under the APO (see above) and may be
included in the
[[Page 37676]]
report that the Commission sends to the President and the U.S. Trade
Representative. The Commission's Handbook on E-Filing, available on the
Commission's website at https://edis.usitc.gov, elaborates upon the
Commission's rules with respect to electronic filing.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, will not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with section 201.16(c) of the Commission's rules,
each document filed by a party to the investigation must be served on
all other parties to the investigation (as identified by the service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: This investigation is being conducted under the
authority of section 204(a) of the Trade Act of 1974; this notice is
published pursuant to section 206.3 of the Commission's rules.
Numbering of investigations under section 204.--This investigation
incorporates a new investigation title and numbering system. Under
section 204, the Commission may be required to prepare up to four types
of reports under section 204 after the President proclaims relief--
reports on monitoring of the remedy, modification of the remedy,
extension of the remedy, and evaluation of the effectiveness of the
remedy. To make it easier for the public to identify the related
section 201 proceeding, the Commission will use the original
investigation number, followed by a one-word description of the type of
report (monitoring, modification, extension, or evaluation), and the
title of the investigation. The title and number of this investigation
follow the new format.
By order of the Commission.
Issued: July 26, 2019.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2019-16363 Filed 7-31-19; 8:45 am]
BILLING CODE 7020-02-P