[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Notices]
[Pages 17520-17521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06093]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-853]


Certain Crystalline Silicon Photovoltaic Products From Taiwan: 
Notice of Court Decision Not in Harmony With the Final Results in the 
Antidumping Duty Administrative Review; Notice of Amended Final Results

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 10, 2023, the U.S. Court of International Trade (CIT) 
issued its final judgment in JA Solar International Limited and JA 
Solar USA Inc. v. United States, Court No. 21-00514, sustaining the 
U.S. Department of Commerce's (Commerce) remand results pertaining to 
the fifth administrative review of the antidumping duty order on 
crystalline silicon photovoltaic products (solar products) from Taiwan 
covering the period of review (POR), February 1, 2019, through January 
31, 2020. Commerce is notifying the public that the CIT's final 
judgment is not in harmony with Commerce's final results in the 
administrative review and that Commerce is amending the final results. 
with respect to dumping margins assigned to Inventec Solar Energy 
Corporation (ISEC) and E-TON Solar Tech Co., Ltd. (E-TON).

DATES: Applicable March 20, 2023.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, 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) 482-3936.

SUPPLEMENTARY INFORMATION:

Background

    On September 3, 2021, Commerce published the final results of the 
antidumping administrative review on solar products from Taiwan, 
covering the period February 1, 2019, through January 31, 2020.\1\
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    \1\ See Certain Crystalline Silicon Photovoltaic Products from 
Taiwan: Final Results of Antidumping Duty Administrative Review; 
Partial Rescission of Antidumping Duty Administrative Review; Final 
Determination of No Shipments; 2019-2020, 86 FR 49509 (September 3, 
2021) (Final Results), and accompanying Issues and Decision 
Memorandum (IDM).
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    JA Solar International Limited and JA Solar USA Inc., (together, JA 
Solar) appealed Commerce's Final Results to the CIT. On December 19, 
2022, the CIT remanded the Final Results to Commerce to reconsider: (1) 
its determination that ISEC lacked actual knowledge of the U.S. 
destination of certain sales, based on the parties' change to the final 
contract language in light of record evidence suggesting that before 
the adoption of the final contract, sales were made with an express 
understanding that the final destination was the United States; (2) the 
reasonableness of its inference that ISEC lacked actual knowledge of 
the U.S. destination at the adoption of the final contract because the 
contract price did not change; and (3) whether ISEC had reason to know 
of the U.S. destination (i.e., ``constructive knowledge'') should 
Commerce continue to find lack of actual knowledge for any of the sales 
at issue.
    In its final remand redetermination, issued on March 2, 2023, 
Commerce determined: (1) to include ISEC's sales to JA Solar in our 
analysis of ISEC's U.S. sales; (2) to recalculate ISEC's weighted-
average dumping margin for the 2019-2020 review period; and (3) to 
calculate an assessment rate applicable to solar products imports by JA 
Solar into the United States produced by ISEC.\2\ As a result, Commerce 
calculated a revised weighted-average dumping margin for ISEC and E-TON 
of 7.42 percent and assigned an importer-specific assessment rate to JA 
Solar. On March 10, 2023, the CIT sustained Commerce's remand 
redetermination.\3\
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    \2\ See Final Results of Redetermination Pursuant to Court 
Remand, JA Solar International Limited and JA Solar USA Inc. v. 
United States, Court No. 21-00514 (CIT 2022), dated March 2, 2023.
    \3\ See JA Solar International Limited and JA Solar USA Inc. v. 
United States, Slip Op. 23-30, Court No. 21-00514 (CIT 2023).
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Timken Notice

    In its decision in Timken,\4\ as clarified by Diamond Sawblades,\5\ 
the U.S. Court of Appeals for the Federal Circuit held that, pursuant 
to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the 
Act), Commerce must publish a notice of a court decision that is not 
``in harmony'' with a Commerce determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision. The 
CIT's March 10, 2023, judgment in this case constitutes a final 
decision of the CIT that is not in harmony with Commerce's Final 
Results. This notice is published in fulfillment of the publication 
requirements of Timken.
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    \4\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \5\ See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d 
1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court judgment, Commerce is amending 
its Final Results with respect to ISEC and E-TON as follows:

------------------------------------------------------------------------
                                                      Weighted-average
                 Exporter/producer                     dumping margin
                                                          (percent)
------------------------------------------------------------------------
Inventec Solar Energy Corporation and E-TON Solar                  7.42
 Tech Co., Ltd....................................
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[[Page 17521]]

Cash Deposit Requirements

    Commerce will issue revised cash deposit instructions to U.S. 
Customs and Border Protection (CBP) for ISEC. In the Final Results, 
Commerce determined to treat ISEC and E-TON as a single entity for the 
purposes of this administrative review, in accordance with 19 CFR 
351.401(f).\6\ However, the cash deposit will remain specific to ISEC, 
given the fact that E-TON ceased to exist during the POR.\7\
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    \6\ See Final Results IDM at Comment 3.
    \7\ Id.
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Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by the CIT order from 
liquidating entries that were produced and/or exported by ISEC and E-
TON, and imported by JA Solar, that were entered, or withdrawn from 
warehouse, for consumption during the period February 1, 2019, through 
January 31, 2020. These entries will remain enjoined pursuant to the 
terms of the injunction during the pendency of any appeals process.
    In the event that the CIT's ruling is not appealed or, if appealed, 
upheld by a final and conclusive court decision, Commerce intends to 
instruct CBP to assess antidumping duties on unliquidated entries of 
subject merchandise produced and/or exported by ISEC and E-TON, and 
imported by JA Solar, in accordance with 19 CFR 351.212(b). We will 
instruct CBP to assess antidumping duties on all appropriate entries 
covered by this review when the importer-specific ad valorem assessment 
rate is not zero or de minimis. Where an importer-specific ad valorem 
assessment rate is zero or de minimis,\8\ we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
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    \8\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: March 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-06093 Filed 3-21-23; 4:15 pm]
BILLING CODE 3510-DS-P