[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Pages 48391-48392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12417]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-579]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Final Results of the 
Expedited Second Sunset Review of the Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of this expedited second sunset review, the U.S. 
Department of Commerce (Commerce) finds that revocation of the 
antidumping duty order on crystalline silicon photovoltaic cells, 
whether or not assembled into modules, from the People's Republic of 
China (China) would likely lead to continuation or recurrence of 
dumping at the level indicated in the ``Final Results of Sunset 
Review'' section of this notice.

DATES: Applicable June 6, 2024.

FOR FURTHER INFORMATION CONTACT: Howard Smith, 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) 482-5193.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2024, Commerce published the initiation of this 
sunset review \1\ of the Order,\2\ pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act). After initiation, a domestic 
interested party \3\ timely submitted a notice of intent to participate 
in,\4\ and an adequate substantive response regarding, the review.\5\ 
The Alliance claimed domestic interested party status under section 
771(9)(C) of the Act as producers of the domestic like product in the 
United

[[Page 48392]]

States.\6\ Commerce did not receive a substantive response from any 
respondent interested party, nor was a hearing requested. Consequently, 
on March 22, 2024, Commerce notified the International Trade Commission 
that it did not receive an adequate substantive response from any 
respondent interested parties.\7\ As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted an expedited (120-day) sunset review of the Order.
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    \1\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 6499 
(February 1, 2024).
    \2\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China: Amended 
Final Determination of Sales at Less Than Fair Value, and 
Antidumping Duty Order, 77 FR 73018 (December 7, 2012) (Order).
    \3\ The domestic interested party is the American Alliance for 
Solar Manufacturing (the Alliance), whose individual members are 
First Solar, Inc., Hanwha Q CELLS USA, Inc., Heliene USA, Inc., 
Suniva, Inc., and Mission Solar Energy LLC.
    \4\ See Alliance's Letter, ``Notice of Intent to Participate in 
Sunset Review,'' dated February 16, 2024.
    \5\ See Alliance's Letter, ``Substantive Response to Notice of 
Initiation of Sunset Review,'' dated March 4, 2024.
    \6\ Id.
    \7\ See Commerce's Letter, ``Sunset Reviews for February 1, 
2024,'' dated March 22, 2024; see also 19 CFR 
351.218(e)(1)(ii)(C)(1).
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Scope of the Order

    The merchandise covered by the Order is crystalline silicon 
photovoltaic cells, and modules, laminates, and panels, consisting of 
crystalline silicon photovoltaic cells, whether or not partially or 
fully assembled into other products, including, but not limited to, 
modules, laminates, panels and building integrated materials.
    Merchandise covered by this Order is currently classified in the 
Harmonized Tariff System of the United States (HTSUS) under subheadings 
8501.71.0000, 8501.72.1000, 8501.72.2000, 8501.72.3000, 8501.72.9000, 
8501.80.1000, 8501.80.2000, 8501.80.3000, 8501.80.9000, 8507.20.8010, 
8507.20.8031, 8507.20.8041, 8507.20.8061, 8507.20.8091, 8541.42.0010, 
and 8541.43.0010. These HTSUS subheadings are provided for convenience 
and customs purposes; the written description of the scope of the Order 
is dispositive. For a complete description of the scope of the Order, 
see the Issues and Decision Memorandum.\8\
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    \8\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited Second Sunset Review of the 
Antidumping Duty Order on Crystalline Silicon Photovoltaic Cells, 
Whether or Not Assembled Into Modules, from the People's Republic of 
China,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum. A list of topics discussed in the Issues and 
Decision Memorandum is included in the appendix to this notice. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via the Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1), 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Order would likely lead to 
continuation or recurrence of dumping, and that the magnitude of the 
dumping margin likely to prevail are weighted-average dumping margins 
up to 249.96 percent.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a). Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing the final results and this notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 
19 CFR 351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii).

    Dated: May 31, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins of Dumping Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2024-12417 Filed 6-5-24; 8:45 am]
BILLING CODE 3510-DS-P