[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54279-54280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21261]


=======================================================================
-----------------------------------------------------------------------

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2021-0017]


Request for Comments and Public Hearing About the Extension 
Review of the Safeguard Action on Imports of Certain Crystalline 
Silicon Photovoltaic Cells

AGENCY: Office of the United States Trade Representative.

ACTION: Request for comments and notice of public hearing.

-----------------------------------------------------------------------

SUMMARY: On August 6, 2021, the United States International Trade 
Commission (ITC) instituted a review to determine whether the safeguard 
action currently in place on imports of crystalline silicon 
photovoltaic (CSPV) cells (whether or not partially or fully assembled 
into other products), continues to be necessary to prevent or remedy 
serious injury and whether there is evidence that the domestic industry 
is making a positive adjustment to import competition. The Office of 
the United States Trade Representative (USTR), on behalf of the Trade 
Policy Staff Committee (TPSC), is announcing a process so that, in the 
event of an affirmative determination by the ITC, interested parties 
may submit views and evidence on the appropriateness of extending the 
safeguard measure and the action to be taken should the safeguard 
measure be extended. USTR also invites interested parties to 
participate in a public hearing regarding this matter.

DATES: 
    December 15, 2021 by midnight EST: Deadline for written comments.
    December 15, 2021 by midnight EST: Deadline for requests to testify 
at the public hearing.
    December 22, 2021 by midnight EST: Deadline for any written 
responses to those comments.
    January 4, 2022: TPSC public hearing.

ADDRESSES: USTR strongly prefers electronic submissions made through 
the Federal eRulemaking Portal: http://www.regulations.gov 
(Regulations.gov). The instructions for submitting written submissions 
are in sections III and IV below. The docket number is USTR-2021-0017. 
For alternatives to online submissions, contact Spencer Smith at 
[email protected] or (202) 395-2974 before transmitting a 
submission and in advance of the relevant deadline.

FOR FURTHER INFORMATION CONTACT: Victor Mroczka, Office of WTO and 
Multilateral Affairs, at [email protected] or (202) 395-9450, or 
Michael T. Gagain, Office of the General Counsel, at 
[email protected] or (202) 395-9529.

SUPPLEMENTARY INFORMATION:

I. The Safeguard Measure on CSPV Products and the Extension Review

    On January 23, 2018, the President, pursuant to section 203 of the 
Trade Act of 1974 (19 U.S.C. 2253), issued Proclamation 9693, imposing 
a safeguard measure on imports of CSPV products, in the form of a 
tariff-rate quota on imports of solar cells not partially or fully 
assembled into other products, and an increase in duties on imports of 
modules. 83 FR 3541 (Jan. 25, 2018). The measure took effect on 
February 7, 2018, for a period of four years, a period that ends on 
February 6, 2022. On October 10, 2020, the President issued 
Proclamation 10101, which made certain modifications to the safeguard 
measure announced in Proclamation 9693. 85 FR 65639 (Oct. 16, 2020).
    On August 6, 2021, following the receipt of petitions filed by 
members of the domestic CSPV industry, the ITC instituted an 
investigation to determine, pursuant to section 204(c) of the Trade Act 
(19 U.S.C. 2254(c)), whether the safeguard measure continues to be 
necessary to prevent or remedy serious injury and whether there is 
evidence that the domestic industry is making a positive adjustment to 
import competition. See 86 FR 44403 (Aug. 12, 2021). Section 204(c)(3) 
of the Trade Act provides that, unless the President specifies a 
different date, the ITC must transmit to the President a report on its 
investigation and its determination not later than 60 days before the 
action taken under section 203 of the Trade Act is to terminate, which 
would be December 8, 2021.
    If the ITC makes an affirmative determination pursuant to section 
204(c)(1) and (c)(3) of the Trade Act, the President then, following 
receipt of the ITC's report, may extend the effective period of the 
safeguard measure on CSPV products if the President determines under 
section 203(e)(1)(B) of the Trade Act that the safeguard measure 
continues to be necessary to prevent or remedy the serious injury and 
there is evidence that the domestic industry is making a positive 
adjustment to import competition. Pursuant to section 203(e)(1)(B), the 
effective period of any action taken under section 203, including any 
extensions thereof, may not, in the aggregate, exceed eight years. 
Accordingly, any extension of the safeguard action on CSPV products may 
not exceed four years. If the President does not make this 
determination by February 6, 2022, the safeguard measure will 
terminate.

II. Proposed Measure and Opportunity To Comment

    If the ITC makes an affirmative determination in its extension 
review under section 204(c) of the Trade Act, the TPSC will make a 
recommendation to the President regarding the determination to be made 
under section 203(e)(1)(B) of the Trade Act and the extent to which the 
effective period of the safeguard measure should be

[[Page 54280]]

extended. USTR, on behalf of the TPSC, invites comments from domestic 
producers, importers, exporters, and other interested parties on the 
determination that the President must make under section 203(e)(1)(B) 
of the Trade Act. In providing comments, we request that you address:
    1. Whether the President should extend the action taken under 
section 203 on imports of CSPV products, as described in Proclamation 
9693 and as modified in Proclamation 10101.
    2. For how long the President should extend the action on imports 
of CSPV products.
    3. Any other action that the President should take if the President 
decides to extend the action on imports of CSPV products and the 
statutory or other basis for taking that action.
    If the ITC makes an affirmative determination, the TPSC will hold a 
public hearing on January 4, 2022. Due to COVID-19, details regarding 
the hearing, including the format (i.e., whether it will be held in 
person or virtually) and schedule, will be provided at a later time and 
in advance of the hearing date.

III. Submission Instructions

    If the ITC makes an affirmative determination, USTR seeks public 
comments with respect to the issues described in Section II. To be 
assured of consideration, you must submit written comments by midnight 
EST on December 15, 2021, and any written responses to those comments 
by midnight EST on December 22, 2021. All comments must be in English 
and must identify on the reference line of the first page of the 
submission `Extension Review: CSPV Cells.' You should include a summary 
of no more than two pages that identifies the key points with your 
written comments.
    The deadline to submit requests to testify at the public hearing is 
midnight EST on December 15, 2021. Requests to testify must include the 
following information: (1) Name, address, telephone number, email 
address, and firm or affiliation of the individual wishing to testify, 
and (2) a copy of your written comments. The TPSC will not accept 
written testimony at the hearing. You must include any materials you 
intend to use during your testimony with the written comments you 
submit.
    All submissions must be in English and sent electronically via 
Regulations.gov. To submit comments via Regulations.gov, enter docket 
number USTR-2021-0017. Find a reference to this notice and click on the 
link entitled `comment now!'. For further information on using 
Regulations.gov, please consult the resources provided on the website 
by clicking on `how to use regulations.gov' on the bottom of the 
Regulations.gov home page. USTR will not accept hand-delivered 
submissions.
    Regulations.gov allows users to submit comments by filling in a 
`type comment' field or by attaching a document using an `upload file' 
field. USTR prefers that you submit comments as an attached document. 
If you attach a document, it is sufficient to type `see attached' in 
the `type comment' field. USTR strongly prefers submissions in Adobe 
Acrobat (.pdf). If you use an application other than Adobe Acrobat or 
Word (.doc), please indicate the name of the application in the `type 
comment' field.
    File names should reflect the name of the person or entity 
submitting the comment. Please do not attach separate cover letters to 
electronic submissions; rather, include any information that would be 
in a cover letter in the comment itself. Similarly, to the extent 
possible, please include any exhibits, annexes, or other attachments in 
the same file as the comment itself, rather than submitting them as 
separate files. For any comments submitted electronically that contain 
business confidential information (BCI), the file name of the business 
confidential version should begin with the characters `BCI.' You must 
clearly mark any page containing BCI by including `BUSINESS 
CONFIDENTIAL' on the top of that page and clearly indicating, via 
brackets, highlighting, or other means, the specific information that 
is BCI. If you request business confidential treatment, you must 
certify in writing that disclosure of the information would endanger 
trade secrets or profitability, and that you would not customarily 
release the information to the public.
    Filers of submissions containing BCI also must submit a public 
version of their comments. The file name of the public version should 
begin with the character `P.' Follow the `BCI' and `P' with the name of 
the person or entity submitting the comments. If these procedures are 
not sufficient to protect BCI or otherwise protect business interests, 
please contact Spencer Smith at [email protected] or (202) 
395-2974 to discuss whether alternative arrangements are possible. 
Please do not include BCI in your request to testify.
    USTR will post submissions in the docket for public inspection, 
except properly designated BCI. You can view submissions on 
Regulations.gov by entering docket number USTR-2021-0017 in the search 
field on the home page.

Edward Gresser,
Chair of the Trade Policy Staff Committee, Office of the United States 
Trade Representative.
[FR Doc. 2021-21261 Filed 9-29-21; 8:45 am]
BILLING CODE 3290-F1-P