[Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Notices]
[Pages 38892-38894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12685]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. TA-201-075 (Second Monitoring)]


Crystalline Silicon Photovoltaic Cells, Whether or Not Partially 
or Fully Assembled Into Other Products: Monitoring Developments in the 
Domestic Industry

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission has instituted investigation No. TA-201-075 
(Second Monitoring), Crystalline Silicon Photovoltaic Cells, Whether or 
Not Partially or Fully Assembled Into Other Products: Monitoring 
Developments in the Domestic Industry, for the purpose of preparing the 
report to the President and the Congress required by section 204(a)(2) 
of the Trade Act of 1974 on its monitoring of developments in the 
domestic industry following the President's decision to impose a 
safeguard measure on imports of certain crystalline silicon 
photovoltaic (``CSPV'') cells, whether or not partially or fully 
assembled into other products (including, but not limited to, modules, 
laminates, panels, and building-integrated materials) (``CSPV 
products''), as described in Proclamation 10339 of February 4, 2022.

DATES: June 8, 2023.

FOR FURTHER INFORMATION CONTACT: Keysha Martinez (202-205-2136) or 
Andres Andrade (202-205-2078), Office of Investigations, U.S. 
International Trade Commission, 500 E Street SW, Washington, DC 20436. 
Hearing-impaired persons can obtain information on this matter by 
contacting the Commission's TDD terminal on 202-205-1810. Persons with 
mobility impairments who will need special assistance in gaining access 
to the Commission should contact the Office of the Secretary at 202-
205-2000. General information concerning the Commission may also be 
obtained by accessing its internet server (https://www.usitc.gov). The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--On January 23, 2018, the President, pursuant to 
section 203 of the Trade Act of 1974 (19 U.S.C. 2253) (Trade Act), 
issued Proclamation 9693, imposing a safeguard measure on imports of 
CSPV products, in the form of (a) a tariff-rate quota on imports of 
solar cells not partially or fully

[[Page 38893]]

assembled into other products and (b) an increase in duties on imports 
of modules. The proclamation was published in the Federal Register on 
January 25, 2018 (83 FR 3541). The measure took effect on February 7, 
2018, for a period of four years, or through February 7, 2022. The 
President imposed the measure following receipt of a report from the 
Commission in November 2017 under section 202 of the Trade Act (19 
U.S.C. 2252) that contained an affirmative determination, remedy 
recommendations, and certain additional findings (see Crystalline 
Silicon Photovoltaic Cells (Whether or not Partially or Fully Assembled 
into Other Products), Investigation No. TA-201-75, USITC Publication 
4739, November 2017).
    On February 7, 2020, the Commission issued its report, pursuant to 
section 204(a)(2) of the Trade Act (19 U.S.C. 2254(a)(2)), on the 
results of its monitoring of developments with respect to the domestic 
solar industry (see Crystalline Silicon Photovoltaic Cells, Whether or 
Not Partially or Fully Assembled Into Other Products: Monitoring 
Developments in the Domestic Industry, Investigation No. TA-201-075 
(Monitoring), USITC Publication 5021, February 2020). On March 6, 2020, 
the Commission issued an additional report pursuant to a request from 
the United States Trade Representative under section 204(a)(4) of the 
Trade Act (19 U.S.C. 2254(a)(4)), regarding the probable economic 
effect on the domestic CSPV cell and module manufacturing industry of 
modifying the safeguard measure (see Crystalline Silicon Photovoltaic 
Cells, Whether or Not Partially or Fully Assembled Into Other Products: 
Advice on the Probable Economic Effect of Certain Modifications to the 
Safeguard Measure, No. TA-201-075 (Modification), USITC Publication 
5032, March 2020). Subsequently, the President issued Proclamation 
10101, determining that the domestic industry had begun to make a 
positive adjustment to import competition and modifying in part the 
action applicable to imports covered by the safeguard measure (85 FR 
65639, October 16, 2020).
    On December 8, 2021, in response to a petition seeking extension of 
the safeguard measure filed on behalf of Auxin Solar Inc. and Suniva 
and a petition filed on behalf of Hanwha Q CELLS USA, Inc., LG 
Electronics USA, Inc., and Mission Solar Energy LLC, the Commission 
issued its determination and report pursuant to section 204(c) of the 
Act (19 U.S.C. 2254(c)), finding that the safeguard measure continued 
to be necessary to prevent or remedy the serious injury to the domestic 
industry, and that there was evidence that the domestic industry was 
making a positive adjustment to import competition (see Crystalline 
Silicon Photovoltaic Cells (Whether or not Partially or Fully Assembled 
into Other Products): Extension of Action, Investigation No. TA-201-075 
(Extension), USITC Publication 5266, December 2021). On February 4, 
2022, the President issued Proclamation 10339 (87 FR 7357, February 9, 
2022), pursuant to section 203(e)(1)(B) of the Act (19 U.S.C. 
2253(e)(1)(B)), extending the safeguard measure on CSPV and parts 
thereof for an additional period of four years, or through February 6, 
2026.
    Section 204(a)(1) of the Trade Act (19 U.S.C. 2254(a)(1)) requires 
the Commission to monitor developments with respect to the domestic 
industry, including the progress and specific efforts made by workers 
and firms in the domestic industry to make a positive adjustment to 
import competition, as long as any action under section 203 of the 
Trade Act remains in effect. Whenever the initial period of such an 
action exceeds 3 years, or if an extension of such action exceeds 3 
years, section 204(a)(2) requires the Commission to submit a report on 
the results of the monitoring to the President and the Congress no 
later than the mid-point of the initial period of the relief, and of 
each such extension, during which the action is in effect--in this case 
by February 6, 2024. Section 204(a)(3) requires the Commission to hold 
a hearing in the course of preparing such a report.
    For further information concerning the conduct of this 
investigation, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 206, subparts A and F (19 
CFR part 206).
    Participation in the investigation and service list.--Persons 
wishing to participate in the investigation as parties must file an 
entry of appearance with the Secretary to the Commission, as provided 
in section 201.11 of the Commission's rules, not later than 21 days 
after publication of this notice in the Federal Register. The Secretary 
will prepare a service list containing the names and addresses of all 
persons, or their representatives, who are parties to this 
investigation upon the expiration of the period for filing entries of 
appearance.
    Limited disclosure of confidential business information (CBI) under 
an administrative protective order (APO) and CBI service list.--
Pursuant to section 206.17 of the Commission's rules, the Secretary 
will make CBI gathered in this investigation available to authorized 
applicants representing interested parties (as defined in 19 CFR 
206.17(a)(3)(iii)) under the APO issued in the investigation, provided 
that the application is made not later than 21 days after the 
publication of this notice in the Federal Register. The Secretary will 
maintain a separate service list for those parties authorized to 
receive CBI under the APO.
    The Commission may include CBI in the report it sends to the 
President and to the United States Trade Representative. Additionally, 
all information, including CBI, submitted in this investigation may be 
disclosed to and used by (i) 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 for 
cybersecurity purposes.
    The Commission will not release information which the Commission 
considers to be CBI unless the party submitting the CBI had notice, at 
the time of submission, that such information would be released by the 
Commission, or such party subsequently consents to the release of the 
information. The Commission will not otherwise disclose any CBI in a 
manner that would reveal the operations of the firm supplying the 
information.
    Hearing.--As required by statute, the Commission has scheduled a 
hearing in connection with this investigation. The hearing will be held 
beginning at 9:30 a.m. on November 14, 2023. Requests to appear at the 
hearing should be filed in writing with the Secretary to the Commission 
on or before November 7, 2023. Any requests to appear as a witness via 
videoconference must be included with your request to appear. Requests 
to appear via videoconference must include a statement explaining why 
the witness cannot appear in person; the Chairman, or other person 
designated to conduct the review, may in their discretion for good 
cause shown, grant such a request. Requests to appear as remote witness 
due to illness or a positive COVID-19 test result may be submitted by 3 
p.m. the business day prior to the hearing. Further information about 
participation in the hearing will be posted on the Commission's website 
at https://www.usitc.gov/calendarpad/calendar.html.

[[Page 38894]]

    All persons desiring to appear at the hearing and make an oral 
presentation should participate in a prehearing conference, if deemed 
necessary, to be held at 9:30 a.m. on November 9, 2023. Parties shall 
file and serve written testimony and presentation slides in connection 
with their presentation at the hearing by no later than 4:00 p.m. on 
November 13, 2023. Oral testimony and written materials to be submitted 
at the public hearing are governed by sections 201.6(b)(2), and 
201.13(f) of the Commission's rules. Parties must submit any request to 
present a portion of their hearing testimony in camera no later than 7 
days prior to the date of the hearing.
    Written submissions.--Each party is encouraged to submit a 
prehearing brief to the Commission. The deadline for filing prehearing 
briefs is November 6, 2023. Parties may also file posthearing briefs. 
The deadline for filing posthearing briefs is November 21, 2023. In 
addition, any person who has not entered an appearance as a party to 
the investigation may submit, on or before November 21, 2023, a written 
statement concerning the matters to be addressed in the Commission's 
report to the President. All written submissions must conform with the 
provisions of section 201.8 of the Commission's rules; any submissions 
that contain CBI must also conform with the requirements of section 
201.6 of the Commission's rules. Any CBI that is provided will be 
subject to limited disclosure under the APO (see above) and may be 
included in the report that the Commission sends to the President and 
the U.S. Trade Representative. The Commission's Handbook on Filing 
Procedures, available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates 
upon the Commission's rules with respect to electronic filings.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, will not 
be accepted unless good cause is shown for accepting such submissions, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with section 201.16(c) of the Commission's rules, 
each document filed by a party to the investigation must be served on 
all other parties to the investigation (as identified by the service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.
    Authority: This investigation is being conducted under the 
authority of section 204(a) of the Trade Act of 1974; this notice is 
published pursuant to section 206.3 of the Commission's rules.

    By order of the Commission.

    Issued: June 8, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-12685 Filed 6-13-23; 8:45 am]
BILLING CODE 7020-02-P