[Federal Register Volume 89, Number 111 (Friday, June 7, 2024)]
[Notices]
[Pages 48559-48561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12531]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-980]


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 Countervailing Duty Order

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

SUMMARY: The U.S. Department of Commerce (Commerce) finds that 
revocation of the countervailing duty (CVD) order on crystalline 
silicon photovoltaic cells, whether or not assembled into modules 
(solar cells), from the People's Republic of China (China) would likely 
to lead to the

[[Page 48560]]

continuation or recurrence of countervailable subsidies at the levels 
indicated in the ``Final Results of the Sunset Review'' section of this 
notice.

DATES: Applicable June 7, 2024.

FOR FURTHER INFORMATION CONTACT: Jose Rivera, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-0842.

SUPPLEMENTARY INFORMATION:

Background

    On December 7, 2012, Commerce published the CVD order on solar 
cells from China.\1\ On February 1, 2024, Commerce published the 
Initiation Notice of the second five-year sunset review of the Order, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act).\2\ In accordance with 19 CFR 351.218(d)(1)(i) and (ii), on 
February 16, 2024, we received a timely notice of intent to participate 
in this sunset review from the American Alliance for Solar 
Manufacturing (the Alliance).\3\ The Alliance claimed interested party 
status under section 771(9)(C) of the Act as a coalition of producers 
of domestic like product in the United States.
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    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from the People's Republic of China: 
Countervailing Duty Order, 77 FR 73017 (December 7, 2012) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 6499 
(February 1, 2024) (Initiation Notice).
    \3\ See The Alliance's Letter, ``Notice of Intent to Participate 
in Sunset Review,'' dated February 16, 2024.
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    On March 4, 2024, Commerce received an adequate substantive 
response to the Initiation Notice from the Alliance within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i).\4\ Commerce received no 
substantive responses from any other interested party, including the 
Government of China, with respect to the order covered by this sunset 
review.
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    \4\ See The Alliance's Letter, ``Substantive Response to Notice 
of Initiation,'' dated March 4, 2024.
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    On March 22, 2024, Commerce notified the U.S. International Trade 
Commission that it did not receive an adequate substantive response 
from other interested parties.\5\ As a result, Commerce conducted an 
expedited (120-day) sunset review of the Order, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)(2) and (C)(2).
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    \5\ See Commerce's Letter, ``Sunset Reviews for February 2024,'' 
dated March 22, 2024.
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Scope of the Order

    The merchandise covered by this Order are solar 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 the 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.\6\
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    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited Second Sunset Review of the 
Countervailing Duty Order on Crystalline Silicon Photovoltaic Cells, 
Whether or Not Assembled Into Modules, from the People's Republic of 
China,'' dated concurrently with and 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 the topics discussed in the Issues 
and Decision Memorandum is attached as an appendix to this notice. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS), 
which 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) and 752(b) of the Act, we determine 
that revocation of the Order would be likely to lead to continuation or 
recurrence of a countervailable subsidies at the following net 
countervailable subsidy rates:
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    \7\ Wuxi Suntech Power Co., Ltd. is cross-owned with: Suntech 
Power Co., Ltd.; Luoyang Suntech Power Co., Ltd.; Yangzhou Rietech 
Renewal Energy Co., Ltd.; Zhenjiang Huantai Silicon Science & 
Technology Co., Ltd.; Kuttler Automation Systems Co., Ltd.; Shenzhen 
Suntech Power Co., Ltd.; Wuxi Sunshine Power Co., Ltd.; Wuxi 
University Science Park International Incubator Co., Ltd.; Yangzhou 
Suntech Power Co., Ltd.; and Zhenjiang Rietech New Energy Science & 
Technology Co., Ltd.
    \8\ Changzhou Trina Solar Energy Co., Ltd. is cross-owned with 
Trina Solar (Changzhou) Science and Technology Co., Ltd.

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                                                           Subsidy rate
                    Producer/exporter                       (percent ad
                                                             valorem)
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Wuxi Suntech Power Co., Ltd.\7\.........................           25.56
Changzhou Trina Solar Energy Co., Ltd.\8\...............           26.75
All Others..............................................           26.15
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Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in these final results within five days 
of any public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b).

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders 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

    Commerce is issuing and publishing these final results and this 
notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the 
Act and 19 CFR 351.218.

    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 a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Rates Likely to Prevail
    3. Nature of the Subsidies
VII. Final Results of Sunset Review

[[Page 48561]]

VIII. Recommendation

[FR Doc. 2024-12531 Filed 6-6-24; 8:45 am]
BILLING CODE 3510-DS-P