Notice2021-17190
Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled Into Other Products: Extension of Action
Primary source
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Published
August 12, 2021
Issuing agencies
International Trade Commission
Abstract
Following receipt of petitions on August 2, 2021 and August 4, 2021, requesting extension of the relief action currently in place on imports of crystalline silicon photovoltaic ("CSPV") cells (whether or not partially or fully assembled into other products), the Commission instituted investigation No. TA-201-075 (Extension) under the Trade Act of 1974 ("the Act"). The purpose of this investigation is to determine whether the action taken by the President under section 203 of the Act with respect to certain 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"), described in Proclamation 9693 of January 23, 2018, as modified by Proclamation 10101 of October 10, 2020, continues to be necessary to prevent or remedy serious injury and whether there is evidence that the domestic industry is making a positive adjustment to import competition.
Full Text
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<title>Federal Register, Volume 86 Issue 153 (Thursday, August 12, 2021)</title>
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[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Notices]
[Pages 44403-44404]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17190]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. TA-201-75 (Extension)]
Crystalline Silicon Photovoltaic Cells, Whether or Not Partially
or Fully Assembled Into Other Products: Extension of Action
AGENCY: United States International Trade Commission.
ACTION: Institution and Scheduling of an Investigation Under Section
204(c) of the Trade Act of 1974 (19 U.S.C. 2254(c)).
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SUMMARY: Following receipt of petitions on August 2, 2021 and August
4, 2021, requesting extension of the relief action currently in place
on imports of crystalline silicon photovoltaic (``CSPV'') cells
(whether or not partially or fully assembled into other products), the
Commission instituted investigation No. TA-201-075 (Extension) under
the Trade Act of 1974 (``the Act''). The purpose of this investigation
is to determine whether the action taken by the President under section
203 of the Act with respect to certain 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''), described in Proclamation 9693 of
January 23, 2018, as modified by Proclamation 10101 of October 10,
2020, continues to be necessary to prevent or remedy serious injury and
whether there is evidence that the domestic industry is making a
positive adjustment to import competition.
DATES: August 6, 2021.
FOR FURTHER INFORMATION CONTACT: Jordan Harriman (202-205-2610),
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 (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for this
investigation may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
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 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 6, 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
[[Page 44404]]
Assembled Into Other Products: Monitoring Developments in the Domestic
Industry, No. TA-201-075 (Monitoring)). 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)). Subsequently, the
President issued Proclamation 10101, modifying in part the action
applicable to imports covered by the safeguard measure (85 FR 65639
(Oct. 16, 2020)).
Following receipt of a petition filed on behalf of Auxin Solar Inc.
and Suniva, Inc., on August 2, 2021, including an amendment thereto
filed on August 5, 2021, and a petition filed on August 4, 2021, on
behalf of Hanwha Q CELLS USA, Inc., LG Electronics USA, Inc., and
Mission Solar Energy, the Commission is instituting this investigation,
pursuant to section 204(c) of the Act.\1\ The purpose of this
investigation is to determine whether the action taken by the President
under section 203 of the Act with respect to CSPV products continues to
be necessary to prevent or remedy serious injury and whether there is
evidence that the domestic industry is making a positive adjustment to
import competition. For further information concerning the conduct of
this investigation 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).
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\1\ The Commission is exercising its authority under section
603(a) of the Act (19 U.S.C. 2482(a)) to consolidate these
proceedings.
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Participation in the investigation and public 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 Sec. 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 public 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, and each party submitting a document for the
consideration of the Commission in the course of this investigation
must serve a copy of that document on all other parties in the manner
provided by Sec. 206.8 of the Commission's rules.
Please note that the Secretary's Office will accept only electronic
filings at this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.)
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of confidential business information (CBI) under
an administrative protective order (APO) and CBI service list.--
Pursuant to Sec. 206.54(e) of the Commission's rules, the Secretary
will make CBI gathered in this investigation available to authorized
applicants under the APO issued in the investigation in accordance with
the procedures set forth in section 206.17 of the rules, 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 also include some or all CBI submitted in this
investigation in the report it sends to the President and the U.S.
Trade Representative in this or a related investigation. The Commission
will not otherwise disclose information which it considers to be CBI
unless the party submitting the information 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.
See 19 U.S.C. 2252(a)(8) and 19 U.S.C. 1332(g).
Hearing.--The Commission will hold a hearing in connection with
this investigation beginning at 9:30 a.m. on November 3, 2021.
Information about the place and form of the hearing, including about
how to participate in and/or view the hearing, will be posted on the
Commission's website at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>. Participating parties should check the Commission's
website periodically for updates.
Requests to appear at the hearing should be filed in writing with
the Secretary to the Commission on or before October 28, 2021. All
persons desiring to appear at the hearing and make oral presentations
should participate in a prehearing conference to be held on October 29,
2021, if deemed necessary. 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 business days prior to the date of the hearing.
Written submissions.--Each participating party is encouraged to
submit a prehearing brief to the Commission. The deadline for filing
prehearing briefs is October 27, 2021. Parties may also file written
testimony in connection with their presentation at the hearing and
posthearing briefs. The deadline for filing posthearing briefs is
November 10, 2021. In addition, any person who has not entered an
appearance as a party to the investigation may submit a written
statement of information on or before November 10, 2021. All written
submissions must conform with the provisions of sections 201.8, 206.7,
and 206.8 of the Commission's rules; any submissions that contain CBI
must also conform with the requirements of sections 201.6 of the
Commission's rules.
The Commission's Handbook on Filing Procedures, available on the
Commission's website at <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, further explains the Commission's
procedures with respect to 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 sections 201.16(c) and 206.8 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
either the public or CBI 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 authority of
section 204(c) of the Act (19 U.S.C. 2254(c)); this notice is published
pursuant to section 206.3 of the Commission's rules.
By order of the Commission.
Issued: August 6, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-17190 Filed 8-11-21; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on August 12, 2021.
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