[Federal Register Volume 85, Number 88 (Wednesday, May 6, 2020)]
[Notices]
[Pages 26929-26930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09669]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-011]
Certain Crystalline Silicon Photovoltaic Products From the
People's Republic of China: Final Results of the Expedited Sunset
Review of the Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited sunset review, the Department of
Commerce (Commerce) finds that revocation of the countervailing duty
order on Certain Crystalline Silicon Photovoltaic Products (certain
solar products) from the People's Republic of China (China) would be
likely to lead to continuation or recurrence of countervailable
subsidies as indicated in the ``Final Results of Sunset Review''
section of this notice.
DATES: Applicable May 6, 2020.
FOR FURTHER INFORMATION CONTACT: Kathryn Turlo, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3870.
SUPPLEMENTARY INFORMATION:
Background
On February 18, 2015, Commerce published its CVD order on certain
solar products from China in the Federal Register.\1\ On January 2,
2020, Commerce initiated the first sunset review of the countervailing
duty order covering certain solar products from China, pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\
Commerce received notices of intent to participate in this sunset
review from SunPower Manufacturing Oregon, LLC (SunPower) and Hanwha Q
CELLS USA, Inc. (Q Cells) (collectively, the domestic interested
parties), within the 15-day period specified in 19 CFR
351.218(d)(1)(i).\3\ The domestic interested parties claimed interested
party status under section 771(9)(C) of the Act, as producers of
certain solar products.
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\1\ See Certain Crystalline Silicon Photovoltaic Products from
the People's Republic of China: Antidumping Duty Order; and Amended
Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 80 FR 8592 (February 18, 2015) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 67
(January 2, 2020) (Notice of Initiation).
\3\ See SunPower's Letter, ``Crystalline Silicon Photovoltaic
Products from China and Taiwan: Intent to Participate in Sunset
Reviews,'' dated January 13, 2020; see also Q Cells' Letter,
``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.
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Commerce received adequate substantive responses to the Notice of
Initiation from the domestic interested parties within the 30-day
period specified in 19 CFR 351.218(d)(3)(i).\4\ On February 25, 2020,
Commerce notified the U.S. International Trade Commission (ITC) that it
did not receive a substantive response from respondent interested
parties.\5\ In accordance with 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 Order on certain solar products from China.
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\4\ See SunPower's Letter, ``Crystalline Silicon Photovoltaic
Products from China and Taiwan Sunset Reviews: Substantive Response
of SPMOR,'' dated February 3, 2020; see also Q Cells' Letter,
``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,'' dated February 3,
2020.
\5\ See Commerce's Letter, ``Sunset Review Initiated on January
2, 2020,'' dated February 25, 2020.
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Scope of the Order
The products covered by the Order is certain solar products, which
are currently classifiable in the Harmonized Tariff Schedule of the
United States (HTSUS) under item numbers 8501.61.0000, 8507.20.8030,
8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030
and 8501.31.8000. A full description of the scope of the Order is
contained in the accompanying Issues and Decision Memorandum.\6\
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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the First Expedited Sunset Review of the
Antidumping Duty Orders on Certain Crystalline Silicon Photovoltaic
Products from the People's Republic of China,'' dated concurrently
with this notice (Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in this review are addressed in the Issues and
Decision Memorandum, including the likelihood of continuation or
recurrence of countervailable subsidies and the net countervailable
subsidy likely to prevail if the Order were revoked. Parties can find a
complete discussion of all issues raised in this review and the
corresponding recommendations in this public memorandum, which is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Services 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 directly at https://enforcement.trade.gov/frn/index.html. A
list of the issues discussed in the decision memorandum is attached at
the Appendix to this notice. The signed and electronic versions of the
Issues and Decision Memorandum are identical in content.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce
determines that revocation of the countervailing duty Order on certain
solar products from China would be likely to lead to continuation or
recurrence of countervailable subsidies at the following rates: 27.65
percent for Wuxi Suntech Power Co., Ltd. (Wuxi Suntech); 33.50 percent
for Changzhou Trina Solar Energy Co., Ltd. (Trina Solar); and 33.58
percent for all others.
Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely written notification of
the destruction of APO materials or conversion to judicial protective
order 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
Commerce is issuing and publishing the final results and notice in
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and
19 CFR 351.218.
Dated: May 1, 2020.
Joseph A. Laroski Jr.,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix
List of Topics Discussed in the Final Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
VII. Final Results of Sunset Review
[[Page 26930]]
VIII. Recommendation
[FR Doc. 2020-09669 Filed 5-5-20; 8:45 am]
BILLING CODE 3510-DS-P