Notice2021-21261
Request for Comments and Public Hearing About the Extension Review of the Safeguard Action on Imports of Certain Crystalline Silicon Photovoltaic Cells
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Published
September 30, 2021
Issuing agencies
Trade Representative, Office of United States
Abstract
On August 6, 2021, the United States International Trade Commission (ITC) instituted a review to determine whether the safeguard action currently in place on imports of crystalline silicon photovoltaic (CSPV) cells (whether or not partially or fully assembled into other 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. The Office of the United States Trade Representative (USTR), on behalf of the Trade Policy Staff Committee (TPSC), is announcing a process so that, in the event of an affirmative determination by the ITC, interested parties may submit views and evidence on the appropriateness of extending the safeguard measure and the action to be taken should the safeguard measure be extended. USTR also invites interested parties to participate in a public hearing regarding this matter.
Full Text
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<title>Federal Register, Volume 86 Issue 187 (Thursday, September 30, 2021)</title>
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[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54279-54280]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21261]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket Number USTR-2021-0017]
Request for Comments and Public Hearing About the Extension
Review of the Safeguard Action on Imports of Certain Crystalline
Silicon Photovoltaic Cells
AGENCY: Office of the United States Trade Representative.
ACTION: Request for comments and notice of public hearing.
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SUMMARY: On August 6, 2021, the United States International Trade
Commission (ITC) instituted a review to determine whether the safeguard
action currently in place on imports of crystalline silicon
photovoltaic (CSPV) cells (whether or not partially or fully assembled
into other 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. The Office of
the United States Trade Representative (USTR), on behalf of the Trade
Policy Staff Committee (TPSC), is announcing a process so that, in the
event of an affirmative determination by the ITC, interested parties
may submit views and evidence on the appropriateness of extending the
safeguard measure and the action to be taken should the safeguard
measure be extended. USTR also invites interested parties to
participate in a public hearing regarding this matter.
DATES:
December 15, 2021 by midnight EST: Deadline for written comments.
December 15, 2021 by midnight EST: Deadline for requests to testify
at the public hearing.
December 22, 2021 by midnight EST: Deadline for any written
responses to those comments.
January 4, 2022: TPSC public hearing.
ADDRESSES: USTR strongly prefers electronic submissions made through
the Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>
(<a href="http://Regulations.gov">Regulations.gov</a>). The instructions for submitting written submissions
are in sections III and IV below. The docket number is USTR-2021-0017.
For alternatives to online submissions, contact Spencer Smith at
<a href="/cdn-cgi/l/email-protection#c497b4a1aaa7a1b6ea88ea97a9adb0acf684b1b7b0b6eaa1abb4eaa3abb2"><span class="__cf_email__" data-cfemail="abf8dbcec5c8ced985e785f8c6c2dfc399ebded8dfd985cec4db85ccc4dd">[email protected]</span></a> or (202) 395-2974 before transmitting a
submission and in advance of the relevant deadline.
FOR FURTHER INFORMATION CONTACT: Victor Mroczka, Office of WTO and
Multilateral Affairs, at <a href="/cdn-cgi/l/email-protection#285e455a474b524349685d5b5c5a064d4758064f475e"><span class="__cf_email__" data-cfemail="a4d2c9d6cbc7decfc5e4d1d7d0d68ac1cbd48ac3cbd2">[email protected]</span></a> or (202) 395-9450, or
Michael T. Gagain, Office of the General Counsel, at
<a href="/cdn-cgi/l/email-protection#622f0b010a03070e4c364c250305030b0c22171116104c070d124c050d14"><span class="__cf_email__" data-cfemail="531e3a303b32363f7d077d143234323a3d13262027217d363c237d343c25">[email protected]</span></a> or (202) 395-9529.
SUPPLEMENTARY INFORMATION:
I. The Safeguard Measure on CSPV Products and the Extension Review
On January 23, 2018, the President, pursuant to section 203 of the
Trade Act of 1974 (19 U.S.C. 2253), issued Proclamation 9693, imposing
a safeguard measure on imports of CSPV products, in the form of a
tariff-rate quota on imports of solar cells not partially or fully
assembled into other products, and an increase in duties on imports of
modules. 83 FR 3541 (Jan. 25, 2018). The measure took effect on
February 7, 2018, for a period of four years, a period that ends on
February 6, 2022. On October 10, 2020, the President issued
Proclamation 10101, which made certain modifications to the safeguard
measure announced in Proclamation 9693. 85 FR 65639 (Oct. 16, 2020).
On August 6, 2021, following the receipt of petitions filed by
members of the domestic CSPV industry, the ITC instituted an
investigation to determine, pursuant to section 204(c) of the Trade Act
(19 U.S.C. 2254(c)), whether the safeguard measure 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. See 86 FR 44403 (Aug. 12, 2021). Section 204(c)(3)
of the Trade Act provides that, unless the President specifies a
different date, the ITC must transmit to the President a report on its
investigation and its determination not later than 60 days before the
action taken under section 203 of the Trade Act is to terminate, which
would be December 8, 2021.
If the ITC makes an affirmative determination pursuant to section
204(c)(1) and (c)(3) of the Trade Act, the President then, following
receipt of the ITC's report, may extend the effective period of the
safeguard measure on CSPV products if the President determines under
section 203(e)(1)(B) of the Trade Act that the safeguard measure
continues to be necessary to prevent or remedy the serious injury and
there is evidence that the domestic industry is making a positive
adjustment to import competition. Pursuant to section 203(e)(1)(B), the
effective period of any action taken under section 203, including any
extensions thereof, may not, in the aggregate, exceed eight years.
Accordingly, any extension of the safeguard action on CSPV products may
not exceed four years. If the President does not make this
determination by February 6, 2022, the safeguard measure will
terminate.
II. Proposed Measure and Opportunity To Comment
If the ITC makes an affirmative determination in its extension
review under section 204(c) of the Trade Act, the TPSC will make a
recommendation to the President regarding the determination to be made
under section 203(e)(1)(B) of the Trade Act and the extent to which the
effective period of the safeguard measure should be
[[Page 54280]]
extended. USTR, on behalf of the TPSC, invites comments from domestic
producers, importers, exporters, and other interested parties on the
determination that the President must make under section 203(e)(1)(B)
of the Trade Act. In providing comments, we request that you address:
1. Whether the President should extend the action taken under
section 203 on imports of CSPV products, as described in Proclamation
9693 and as modified in Proclamation 10101.
2. For how long the President should extend the action on imports
of CSPV products.
3. Any other action that the President should take if the President
decides to extend the action on imports of CSPV products and the
statutory or other basis for taking that action.
If the ITC makes an affirmative determination, the TPSC will hold a
public hearing on January 4, 2022. Due to COVID-19, details regarding
the hearing, including the format (i.e., whether it will be held in
person or virtually) and schedule, will be provided at a later time and
in advance of the hearing date.
III. Submission Instructions
If the ITC makes an affirmative determination, USTR seeks public
comments with respect to the issues described in Section II. To be
assured of consideration, you must submit written comments by midnight
EST on December 15, 2021, and any written responses to those comments
by midnight EST on December 22, 2021. All comments must be in English
and must identify on the reference line of the first page of the
submission `Extension Review: CSPV Cells.' You should include a summary
of no more than two pages that identifies the key points with your
written comments.
The deadline to submit requests to testify at the public hearing is
midnight EST on December 15, 2021. Requests to testify must include the
following information: (1) Name, address, telephone number, email
address, and firm or affiliation of the individual wishing to testify,
and (2) a copy of your written comments. The TPSC will not accept
written testimony at the hearing. You must include any materials you
intend to use during your testimony with the written comments you
submit.
All submissions must be in English and sent electronically via
<a href="http://Regulations.gov">Regulations.gov</a>. To submit comments via <a href="http://Regulations.gov">Regulations.gov</a>, enter docket
number USTR-2021-0017. Find a reference to this notice and click on the
link entitled `comment now!'. For further information on using
<a href="http://Regulations.gov">Regulations.gov</a>, please consult the resources provided on the website
by clicking on `how to use regulations.gov' on the bottom of the
<a href="http://Regulations.gov">Regulations.gov</a> home page. USTR will not accept hand-delivered
submissions.
<a href="http://Regulations.gov">Regulations.gov</a> allows users to submit comments by filling in a
`type comment' field or by attaching a document using an `upload file'
field. USTR prefers that you submit comments as an attached document.
If you attach a document, it is sufficient to type `see attached' in
the `type comment' field. USTR strongly prefers submissions in Adobe
Acrobat (.pdf). If you use an application other than Adobe Acrobat or
Word (.doc), please indicate the name of the application in the `type
comment' field.
File names should reflect the name of the person or entity
submitting the comment. Please do not attach separate cover letters to
electronic submissions; rather, include any information that would be
in a cover letter in the comment itself. Similarly, to the extent
possible, please include any exhibits, annexes, or other attachments in
the same file as the comment itself, rather than submitting them as
separate files. For any comments submitted electronically that contain
business confidential information (BCI), the file name of the business
confidential version should begin with the characters `BCI.' You must
clearly mark any page containing BCI by including `BUSINESS
CONFIDENTIAL' on the top of that page and clearly indicating, via
brackets, highlighting, or other means, the specific information that
is BCI. If you request business confidential treatment, you must
certify in writing that disclosure of the information would endanger
trade secrets or profitability, and that you would not customarily
release the information to the public.
Filers of submissions containing BCI also must submit a public
version of their comments. The file name of the public version should
begin with the character `P.' Follow the `BCI' and `P' with the name of
the person or entity submitting the comments. If these procedures are
not sufficient to protect BCI or otherwise protect business interests,
please contact Spencer Smith at <a href="/cdn-cgi/l/email-protection#8ad9faefe4e9eff8a4c6a4d9e7e3fee2b8cafff9fef8a4efe5faa4ede5fc"><span class="__cf_email__" data-cfemail="b6e5c6d3d8d5d3c498fa98e5dbdfc2de84f6c3c5c2c498d3d9c698d1d9c0">[email protected]</span></a> or (202)
395-2974 to discuss whether alternative arrangements are possible.
Please do not include BCI in your request to testify.
USTR will post submissions in the docket for public inspection,
except properly designated BCI. You can view submissions on
<a href="http://Regulations.gov">Regulations.gov</a> by entering docket number USTR-2021-0017 in the search
field on the home page.
Edward Gresser,
Chair of the Trade Policy Staff Committee, Office of the United States
Trade Representative.
[FR Doc. 2021-21261 Filed 9-29-21; 8:45 am]
BILLING CODE 3290-F1-P
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