Notice2024-12417
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
Primary source
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Published
June 6, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 110 (Thursday, June 6, 2024)</title>
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[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Pages 48391-48392]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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
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