Notice2024-26141
Antidumping and Countervailing Duty Orders on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Notice of Amended Final Affirmative Determination of Circumvention Pursuant to Settlement Agreement
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
November 12, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Pursuant to a settlement agreement with Red Sun Energy Long An Company Limited (Red Sun), the U.S. Department of Commerce (Commerce) is amending its final affirmative determination that Vietnamese Cells and Modules are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells and modules), from the People's Republic of China (China).
Full Text
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<title>Federal Register, Volume 89 Issue 218 (Tuesday, November 12, 2024)</title>
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[Federal Register Volume 89, Number 218 (Tuesday, November 12, 2024)]
[Notices]
[Pages 88969-88970]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26141]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-979, C-570-980]
Antidumping and Countervailing Duty Orders on Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into Modules, From the
People's Republic of China: Notice of Amended Final Affirmative
Determination of Circumvention Pursuant to Settlement Agreement
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Pursuant to a settlement agreement with Red Sun Energy Long An
Company Limited (Red Sun), the U.S. Department of Commerce (Commerce)
is amending its final affirmative determination that Vietnamese Cells
and Modules are circumventing the antidumping duty (AD) and
countervailing duty (CVD) orders on crystalline silicon photovoltaic
cells, whether or not assembled into modules (solar cells and modules),
from the People's Republic of China (China).
DATES: Applicable November 12, 2024.
[[Page 88970]]
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 August 23, 2023, Commerce published its final affirmative
determinations of circumvention of the AD and CVD orders on solar cells
and modules from China.\1\ In the Final Circumvention Determinations,
Commerce based its decision regarding Red Sun \2\ on adverse facts
available (AFA) and, with the exception of the ``Applicable Entries''
certification, precluded importers and exporters from using the
certifications that Commerce developed in the circumvention inquiry
with respect to Red Sun's solar cells and modules.\3\
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\1\ See Antidumping and Countervailing Duty Orders on
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, from the People's Republic of China: Final Scope
Determination and Final Affirmative Determinations of Circumvention
With Respect to Cambodia, Malaysia, Thailand, and Vietnam, 88 FR
57419 (August 23, 2023) (Final Circumvention Determinations).
\2\ In the circumvention inquiry, Commerce referred to the
company as Red Sun Energy Co., Ltd. See Red Sun's Letter ``Request
for a Public Hearing'' dated January 6, 2023, at 1 (``. . . Red Sun
Energy Long An Co., Ltd. (also known as, Red Sun Energy Co., Ltd.) .
. .'').
\3\ See Final Circumvention Determinations, 88 FR 57420-21 and
Appendix II.
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Following publication of the Final Circumvention Determinations,
Red Sun filed a lawsuit with the U.S. Court of International Trade
(CIT) challenging Commerce's determination to apply AFA to Red Sun and
preclude certain certifications from being used with respect to entries
of Red Sun's solar cells and modules. On October 29, 2024, the United
States and Red Sun entered into an agreement to settle and resolve all
claims raised in Red Sun's complaint. Pursuant to the terms of the
settlement and the stipulation for entry of judgment, Commerce is
removing Red Sun from the list of companies in Appendix II of the Final
Circumvention Determinations for which parties may not file the
certifications that are in Appendix VI of the Final Circumvention
Determinations. The CIT issued its order of judgment by stipulation on
November 1, 2024.\4\
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\4\ See Order of Judgment by Stipulation, ECF No. 47, CIT No.
23-00229 (November 1, 2024).
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Consistent with the settlement agreement and the November 1, 2024,
order of judgment by stipulation, Commerce will notify U.S. Customs and
Border Protection (CBP) that it has removed Red Sun from the list of
companies for which parties may not file the certifications that are in
Appendix VI of the Final Circumvention Determinations. Specifically,
Commerce will instruct CBP that importers and exporters are permitted
to use the certifications that are in Appendix VI of the Final
Circumvention Determinations with respect to Red Sun's inquiry
merchandise that is entered into the United States, or withdrawn from
warehouse, for consumption, on or after April 1, 2022, the date of
initiation of the circumvention inquiry.
Specifically, for Red Sun's inquiry merchandise that was entered
into the United States, or withdrawn from warehouse, for consumption
during the period April 1, 2022, through the date that is two weeks
after publication of this notice of amended final determinations in the
Federal Register, where the entry has not been liquidated (and entries
for which liquidation has not become final), importers should complete,
sign, and date the Appendix VI importer certification, if applicable,
and exporters should complete, sign, and date the Appendix VI exporter
certification, if applicable, and provide a copy of the exporter
certification to the importer, no later than 45 days after the date of
publication of this notice of amended final determinations in the
Federal Register. Importers and exporters each have the option to
complete an Appendix VI certification covering multiple entries,
individual Appendix VI certifications for each entry, or a combination
thereof.
The importer, or the importer's agent, must submit both the
importer's certification and the exporter's certification to CBP as
part of the entry process by uploading them into the document imaging
system (DIS) in ACE. Where the importer uses a broker to facilitate the
entry process, it should obtain the entry summary number from the
broker. Agents of the importer, such as brokers, however, are not
permitted to certify on behalf of the importer.
For Red Sun's inquiry merchandise that was entered into the United
States, or withdrawn from warehouse, for consumption, after the date
that is two weeks after publication of this notice of amended final
determinations in the Federal Register, the importer should complete,
sign, and date the Appendix VI importer certification, if applicable,
on, or prior to, the date of the entry summary, and the exporter should
complete, sign, and date the Appendix VI exporter certification, if
applicable, and provide a copy of the exporter certification to the
importer, on, or prior to, the date of shipment.
Notification to Interested Parties
We are issuing, and publishing notice of, this amended
determination in accordance with section 516a(e) of the Tariff Act of
1930, as amended.
Dated: November 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-26141 Filed 11-8-24; 8:45 am]
BILLING CODE 3510-DS-P
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