[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Notices]
[Pages 55852-55853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19547]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1271]


Certain Silicon Photovoltaic Cells and Modules with 
Nanostructures, and Products Containing the Same; Notice of Request for 
Submissions on the Public Interest

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that on September 1, 2022, the 
presiding administrative law judge (``ALJ'') issued an Initial 
Determination on Violation of the Tariff Act of 1930. The ALJ also 
issued a Recommended Determination on remedy and bonding should a 
violation be found in the above-captioned investigation. The Commission 
is soliciting submissions on public interest issues raised by the 
recommended relief should the Commission find a violation. This notice 
is soliciting comments from the public only.

FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3427. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised

[[Page 55853]]

that information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930 
provides that, if the Commission finds a violation, it shall exclude 
the articles concerned from the United States:

unless, after considering the effect of such exclusion upon the 
public health and welfare, competitive conditions in the United 
States economy, the production of like or directly competitive 
articles in the United States, and United States consumers, it finds 
that such articles should not be excluded from entry.

19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist 
orders. 19 U.S.C. 1337(f)(1).

    The Commission is soliciting submissions on public interest issues 
raised by the recommended relief should the Commission find a 
violation, specifically, a limited exclusion order and cease and desist 
orders. The recommended limited exclusion order is directed to certain 
silicon photovoltaic cells and modules with nanostructures, and 
products containing the same imported, sold for importation, and/or 
sold after importation by respondents (1) Canadian Solar International 
Limited of Hong Kong, People's Republic of China; (2) Canadian Solar 
Manufacturing (Thailand) Co. Ltd. of Chon Buri, Kingdom of Thailand; 
(3) Canadian Solar Manufacturing Vietnam Co. Ltd. of Hai Phong City, 
Socialist Republic of Vietnam; (4) Canadian Solar (USA) Inc. of Walnut 
Creek, California; (5) Recurrent Energy SH Proco LLC of Walnut Creek, 
California; (6) Hanwha Q Cells Malaysia Sdn. Bhd. of Selangor, 
Malaysia; (7) Hanwha Solutions Corporation of Seoul, Republic of Korea; 
(8) Hanwha Q Cell EPC USA LLC of Irvine, California; (9) Hanwha Q Cells 
America Inc. of Irvine, California; (10) Hanwha Q Cells USA Inc. of 
Dalton, Georgia; (11) Boviet Solar Technology Co., Ltd., of Bac Giang 
Province, Socialist Republic of Vietnam; (12) Ningbo Boway Alloy 
Material Co., Ltd., of Zhejiang Province, People's Republic of China; 
(13) Boviet Renewable Power LLC of San Jose, California; and (14) 
Boviet Solar USA Ltd. of San Jose, California. The recommended cease 
and desist orders are directed to respondents (1) Canadian Solar 
International Limited; (2) Canadian Solar Manufacturing (Thailand) Co. 
Ltd.; (3) Canadian Solar Manufacturing Vietnam Co. Ltd.; (4) Canadian 
Solar (USA) Inc.; and (5) Recurrent Energy SH Proco LLC. Parties are to 
file public interest submissions pursuant to 19 CFR 210.50(a)(4).
    The Commission is interested in further development of the record 
on the public interest in this investigation. Accordingly, members of 
the public are invited to file submissions of no more than five (5) 
pages, inclusive of attachments, concerning the public interest in 
light of the ALJ's Recommended Determination on Remedy and Bonding 
issued in this investigation on September 1, 2022. Comments should 
address whether issuance of the recommended remedial orders in this 
investigation, should the Commission find a violation, would affect the 
public health and welfare in the United States, competitive conditions 
in the United States economy, the production of like or directly 
competitive articles in the United States, or United States consumers.
    In particular, the Commission is interested in comments that:

    (i) explain how the articles potentially subject to the 
recommended remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in 
the United States relating to the recommended orders;
    (iii) identify like or directly competitive articles that 
complainant, its licensees, or third parties make in the United 
States which could replace the subject articles if they were to be 
excluded;
    (iv) indicate whether complainant, complainant's licensees, and/
or third-party suppliers have the capacity to replace the volume of 
articles potentially subject to the recommended orders within a 
commercially reasonable time; and
    (v) explain how the recommended orders would impact consumers in 
the United States.

    Written submissions must be filed no later than by close of 
business on October 3, 2022.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above. The 
Commission's paper filing requirements in 19 CFR 210.4(f) are currently 
waived. 85 FR 15798 (Mar. 19, 2020). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-1271'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.). Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment by marking each document 
with a header indicating that the document contains confidential 
information. This marking will be deemed to satisfy the request 
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) 
& 210.5(e)(2)). Documents for which confidential treatment by the 
Commission is properly sought will be treated accordingly. Any non-
party wishing to submit comments containing confidential information 
must serve those comments on the parties to the investigation pursuant 
to the applicable Administrative Protective Order. A redacted non-
confidential version of the document must also be filed simultaneously 
with any confidential filing and must be served in accordance with 
Commission Rule 210.4(f)(7)(ii)(A) (19 CFR 210.4(f)(7)(ii)(A)). All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this investigation may be disclosed to and 
used: (i) by the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. appendix 3; or (ii) by U.S. 
government employees and contract personnel, solely for cybersecurity 
purposes. All contract personnel will sign appropriate nondisclosure 
agreements. All nonconfidential written submissions will be available 
for public inspection on EDIS.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the 
Commission's Rules of Practice and Procedure (19 CFR part 210).

    By order of the Commission.

    Issued: September 6, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-19547 Filed 9-9-22; 8:45 am]
BILLING CODE 7020-02-P