[Federal Register Volume 85, Number 177 (Friday, September 11, 2020)]
[Notices]
[Pages 56215-56216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20076]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-010, A-583-853, C-570-011]
Crystalline Silicon Photovoltaic Products From the People's
Republic of China and Taiwan: Continuation of Antidumping and
Countervailing Duty Orders on China and the Antidumping Duty Order on
Taiwan
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of determinations by the Department of Commerce
(Commerce) and the International Trade Commission (ITC) that revocation
of the antidumping duty (AD) and countervailing duty (CVD) orders on
crystalline silicon photovoltaic products from the People's Republic of
China (China) and revocation of the AD order on crystalline silicon
photovoltaic products from Taiwan would likely lead to a continuation
or recurrence of dumping and countervailable subsidies, as applicable,
and material injury to an industry in the United States within a
reasonably foreseeable time, Commerce is publishing a notice of
continuation of these AD and CVD orders.
DATES: Applicable September 11, 2020.
FOR FURTHER INFORMATION CONTACT: Abdul Alnoor or 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 or (202) 482-8283,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 18, 2015, Commerce published in the Federal Register
the AD and CVD orders on crystalline silicon photovoltaic products from
China and the AD order on crystalline silicon photovoltaic products
from Taiwan.\1\ On January 2, 2020, the ITC instituted and Commerce
initiated the first sunset reviews of the Orders pursuant to section
751(c) of the Tariff Act of 1930, as amended (the Act).\2\
[[Page 56216]]
Commerce conducted these sunset reviews on an expedited basis, pursuant
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2)
because it received timely and adequate notices of intent to
participate in the sunset reviews and substantive responses from
domestic interested parties,\3\ but no substantive responses from
respondent interested parties. As a result of its reviews, Commerce
determined, pursuant to sections 751(c)(1) and 752(b) and (c) of the
Act, that revocation of the Orders would likely lead to continuation or
recurrence of a countervailable subsidy and dumping, as applicable.
Commerce also notified the ITC of the magnitude of the subsidy rates
and dumping margins likely to prevail should the Orders be revoked.\4\
On September 4, the ITC published its determination, pursuant to
sections 751(c) and 752(a) of the Act, that revocation of the Orders
would be likely to lead to continuation or recurrence of material
injury to an industry in the United States within a reasonably
foreseeable time.\5\
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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); and
Certain Crystalline Silicon Photovoltaic Products from Taiwan:
Antidumping Duty Order, 80 FR 8596 (February 18, 2015)
(collectively, Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 67
(January 2, 2020); see also Certain Crystalline Silicon Photovoltaic
Products from China and Taiwan; Institution of Five-Year Reviews, 85
FR 120 (January 2, 2020).
\3\ See Domestic Interested Parties' Letters, ``Crystalline
Silicon Photovoltaic Products from China and Taiwan: Intent to
Participate in Sunset Reviews,'' dated January 13, 2020;
``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;
``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.
\4\ See 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, 85 FR
26938 (May 6, 2020); and Certain Crystalline Silicon Photovoltaic
Products from the People's Republic of China: Final Results of the
Expedited Sunset Review of the Countervailing Duty Order, 85 FR
26929 (May 6, 2020) (collectively, Final Results).
\5\ See Crystalline Silicon Photovoltaic Products from China and
Taiwan: Sunset Review, Investigation Nos. 701-TA-511 and 731-TA-
1246-1247, 85 FR 55319 (September 4, 2020).
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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\ For a complete description of the scope of the Orders, see
Final Results.
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Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of a countervailable subsidy and dumping, as applicable, and
material injury to an industry in the United States, pursuant to
section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby
orders the continuation of the AD and CVD orders on crystalline silicon
photovoltaic products from China and the AD order on crystalline
silicon photovoltaic products from Taiwan. U.S. Customs and Border
Protection will continue to collect AD and CVD cash deposits at the
rates in effect at the time of entry for all imports of subject
merchandise. The effective date of the continuation of the Orders will
be the date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next sunset review of
the Orders not later than 30 days prior to the fifth anniversary of the
effective date of continuation.
Notification to Interested Parties
These five-year sunset reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and this notice is
published pursuant to section 777(i)(1) of the Act and 19 CFR
351.218(f)(4).
Dated: September 4, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-20076 Filed 9-10-20; 8:45 am]
BILLING CODE 3510-DS-P