Notice2024-12531
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 7, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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 continuation or recurrence of countervailable subsidies at the levels indicated in the "Final Results of the Sunset Review" section of this notice.
Full Text
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<title>Federal Register, Volume 89 Issue 111 (Friday, June 7, 2024)</title>
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[Federal Register Volume 89, Number 111 (Friday, June 7, 2024)]
[Notices]
[Pages 48559-48561]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <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) 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
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