[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