Notice2023-12685
Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled Into Other Products: Monitoring Developments in the Domestic Industry
Primary source
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Published
June 14, 2023
Issuing agencies
International Trade Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 114 (Wednesday, June 14, 2023)</title>
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[Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Notices]
[Pages 38892-38894]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 (<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
[[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 <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
[[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 <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, 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
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</html>Indexed from Federal Register on June 14, 2023.
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