[Federal Register Volume 85, Number 88 (Wednesday, May 6, 2020)]
[Notices]
[Pages 26938-26939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09668]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-010, A-583-853]


Crystalline Silicon Photovoltaic Products From the People's 
Republic of China and Taiwan: Final Results of the Expedited First 
Sunset Reviews of the Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) finds that revocation of 
the antidumping duty (AD) orders on crystalline silicon photovoltaic 
products from the People's Republic of China (China) and Taiwan would 
likely lead to continuation or recurrence of dumping at the level 
indicated in the ``Final Results of Sunset Reviews'' section of this 
notice.

DATES: Applicable May 6, 2020.

FOR FURTHER INFORMATION CONTACT: Abdul Alnoor and Eva Kim, 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) 482-4554 and (202) 482-8283, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    After publication of the notice of initiation of these sunset 
reviews of the AD orders \1\ on crystalline silicon photovoltaic 
products from China and Taiwan,\2\ pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act), SunPower Manufacturing 
Oregon, LLC and Hanwha Q CELLS USA, Inc. (Hanwha) (domestic interested 
parties) filed with Commerce timely and complete notices of intent to 
participate in the sunset reviews,\3\ and timely and adequate 
substantive responses.\4\ Commerce did not receive a substantive 
response from any respondent interested party. As a result, pursuant to 
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 
Commerce conducted an expedited (120-day) sunset review of the 
Orders.\5\
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    \1\ See Antidumping Duty Order: Certain Crystalline Silicon 
Photovoltaic Products from the People's Republic of China, 80 FR 
8592 (February 18, 2015) and Antidumping Duty Order: Certain 
Crystalline Silicon Photovoltaic Products from Taiwan, 80 FR 8596 
(February 18, 2015) (Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 67 
(January 2, 2020).
    \3\ See Domestic Interested Parties' Letter, ``Crystalline 
Silicon Photovoltaic Products from China and Taiwan: Intent to 
Participate in Sunset Reviews,'' dated January 13, 2020; see also 
``Crystalline Silicon Photovoltaic Products from People Republic of 
China and Taiwan: Hanwha Q CELLS USA, Inc.'s Notice of Intent to 
Participate in Sunset Reviews,'' dated January 17, 2020.
    \4\ See Domestic Interested Parties' Letters, ``Crystalline 
Silicon Photovoltaic Products from China and Taiwan Sunset Reviews: 
Substantive Response of SPMOR,'' dated February 3, 2020; and 
``Certain Crystalline Silicon Photovoltaic Products from China and 
Taiwan, Inv. Nos. 701-TA-511 and 731-TA-1246 and 1247 (1st Sunset 
Review); Hanwha Q CELLS USA, Inc.'s Substantive Response,'' dated 
February 3, 2020.
    \5\ For a complete description of the background for these 
sunset reviews, see Commerce Memorandum, ``Issues and Decision 
Memorandum for the Expedited First Sunset Reviews of the Antidumping 
Duty Orders on Crystalline Silicon Photovoltaic Products from the 
People's Republic of China and Taiwan,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Orders

    The merchandise covered by these Orders is crystalline silicon 
photovoltaic products from China and Taiwan. Merchandise covered by the 
Orders is currently classified in the Harmonized Tariff Schedule of the 
United States (``HTSUS'') under subheadings 8501.61.0000, 8507.20.8030, 
8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.60.15, 8541.40.6020, 
8541.40.6030, 8541.40.60.35 and 8501.31.8000. These HTSUS subheadings 
are provided for convenience and customs purposes; the written 
description of the scope of the Orders is dispositive.\6\
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    \6\ The full scope of the Orders is included in the Issues and 
Decision Memorandum.
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Analysis of Comments Received

    A complete discussion of all issues raised in these sunset reviews, 
including the likelihood of continuation or recurrence of dumping in 
the event of revocation of the Orders and the magnitude of the dumping 
margins likely to prevail if the Orders were to be revoked, is provided 
in the accompanying Issues and Decision Memorandum, which is hereby 
adopted by this notice.\7\ A list of the topics discussed in the Issues 
and Decision Memorandum is attached as an Appendix to this notice. 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. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed on the internet 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.
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    \7\ See Issues and Decision Memorandum.
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Final Results of Sunset Reviews

    Pursuant to sections 751(c)(1), 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Orders would be likely to 
lead to continuation or recurrence of dumping, and that the magnitude 
of the dumping margins likely to prevail would be weighted-average 
dumping margins up to 165.04 percent for China and 27.55 percent for 
Taiwan.

Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
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 is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 
19 CFR 351.218 and 19 CFR 351.221(c)(5)(ii).


[[Page 26939]]


    Dated: May 1, 2020.
Joseph A. Laroski Jr.,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margin of Dumping Likely to Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation

[FR Doc. 2020-09668 Filed 5-5-20; 8:45 am]
 BILLING CODE 3510-DS-P