[Federal Register Volume 84, Number 246 (Monday, December 23, 2019)]
[Notices]
[Pages 70565-70567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27627]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. TA-201-75 (Modification)]
Crystalline Silicon Photovoltaic Cells, Whether or Not Partially
or Fully Assembled into Other Products: Advice on the Probable Economic
Effect of Certain Modifications to the Safeguard Measure
AGENCY: United States International Trade Commission.
ACTION: Notice of investigation.
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SUMMARY: Following receipt on December 6, 2019, of a request from the
United States Trade Representative (USTR), the Commission instituted
Investigation No. TA-201-75 (Modification), Crystalline Silicon
Photovoltaic Cells, Whether or Not Partially or Fully Assembled Into
Other Products: Advice on the Probable Economic Effect of Certain
Modifications to the Safeguard Measure under section 204(a)(4) of the
Trade Act of 1974 (Trade Act) to advise the President of the probable
economic effect on the domestic crystalline silicon photovoltaic (CSPV)
cell and module manufacturing industry of modifying the safeguard
measure on imports of CSPV products, as described in Proclamation 9693
of January 23, 2018.
DATES:
January 6, 2020: Deadline for filing written submissions.
January 13, 2020: Deadline for filing responses to written
submissions.
FOR FURTHER INFORMATION CONTACT: Project Leader Dylan Carlson of the
Office of Industries (202-205-3457 or [email protected]) or
Deputy Project Leader Lauren Gamache of the Office of Economics (202-
205-3489 or [email protected]) for information specific to this
investigation. For information on the
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legal aspects of this investigation, contact William Gearhart of the
Commission's Office of the General Counsel (202-205-3091 or
[email protected]). The media should contact Margaret
O'Laughlin, Office of External Relations (202-205-1819 or
[email protected]). 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 website
(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 (19 U.S.C. 2253), issued Proclamation
9693, imposing a safeguard measure on imports of CSPV products, in the
form of (a) a tariff-rate quota (TRQ) on certain imports of solar cells
not partially or fully assembled into other products and (b) an
increase in duties on certain 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 6, 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)(4) of the Trade Act (19 U.S.C. 2254(a)(4)) requires
the Commission, upon request of the President, to advise the President
of its judgment as to the probable economic effect on the industry
concerned of any reduction, modification, or termination of the action
taken under section 203 of the Trade Act which is under consideration.
In his letter of December 6, 2019, the USTR, under authority delegated
by the President and pursuant to section 204(a)(4) of the Trade Act,
requested that the Commission provide its advice regarding the probable
economic effect on the domestic CSPV cell and module manufacturing
industry of modifying the safeguard measure. Specifically, the USTR
requested that the Commission analyze the effect of increasing the
level of the tariff-rate quota applicable to imports of CSPV cells from
the current 2.5 gigawatts (GW) to 4, 5, or 6 GW, without other changes
to the remedy. As requested, the Commission will provide its report to
the USTR by no later than 30 days from the date of the report currently
being prepared by the Commission under section 204(a)(2) of the Trade
Act (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).
For further information concerning the conduct of this
investigation 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).
Limited disclosure of confidential business information (CBI).--The
Commission may include CBI in the report it sends to the President and
to the USTR. 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.
The Commission will not release CBI obtained in this investigation
to representatives of other interested parties under an administrative
protective order (APO). Interested parties who may have obtained CBI
under the APO issued in the ongoing Investigation No. TA-201-75
(Monitoring), Crystalline Silicon Photovoltaic Cells, Whether or Not
Partially or Fully Assembled Into Other Products: Report on Monitoring
of Developments in the Domestic Industry, should be aware that they may
not use CBI obtained under the APO in that monitoring investigation in
this modification proceeding. Such use in this modification proceeding
will likely constitute a breach of the APO that they signed in the
monitoring investigation. Any person with questions should contact the
Office of the Secretary at 202-205-2000.
Written submissions.--Interested parties are invited to file
written submissions concerning this investigation with the Commission.
The Commission requests, in particular, that domestic producers of CSPV
cells and/or modules provide in their written submissions estimates and
projections for their production, capacity, number of production
workers, and exports of cells and modules separately in 2019, 2020, and
2021, as well as any information, estimates, or projections on the
price or production cost per watt of U.S. manufactured cells. In
addition, the Commission requests that domestic producers describe how
modifications to the TRQ, as described in USTR's request letter, would
affect current and future investments in U.S. cell and module
manufacturing. Written submissions must not exceed twenty (20) pages of
textual material, double-spaced and singled-sided, when printed on
pages measuring 8.5 x 11 inches. All written submissions must be
addressed to the Secretary, and should be received not later than 5:15
p.m., January 6, 2020.
Persons wishing to have a summary of their written submission
included in the report should include a summary along with their
written submission and should specifically identify the summary as
being for this purpose. Summaries should not include CBI. The summaries
will be published in an appendix to the report. The summary may not
exceed 500 words and should be in MS Word format or a format that can
be easily converted to MS Word. The summary will be published as
provided if it meets these requirements and is germane to the subject
matter of the investigation. The Commission will list the name of the
organization furnishing the summary and will include a link to the
Commission's Electronic Document Information System (EDIS) where the
full written submission can be found. The summary and additional
exhibits with relevant factual information will not count toward the
20-page limit of the full written submission.
Interested parties are also invited to file a response to written
submissions
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made by other interested parties. Such responses must not contain any
new factual information, and must only address information and
arguments in written submissions filed by other interested parties.
Responses to written submissions must not exceed five (5) pages of
textual material, double-spaced and singled-sided, when printed on
pages measuring 8.5 x 11 inches. All responses to written submissions
should be addressed to the Secretary, and must be received no later
than 5:15 p.m., January 13, 2020.
All written submissions and subsequent responses 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 may
be included in the 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. Persons with questions regarding electronic filing
should contact the Office of the Secretary, Docket Services Division
(202-205-1802).
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.
Authority: This investigation is being conducted under the
authority of section 204(a)(4) of the Trade Act of 1974; this notice is
published pursuant to section 206.3 of the Commission's rules.
By order of the Commission.
Issued: December 18, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-27627 Filed 12-20-19; 8:45 am]
BILLING CODE 7020-02-P