26654 Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Notices 

1See Certain Crystalline Silicon Photovoltaic 

Products from the People’s Republic of China: Final 

Determination of Sales at Less than Fair Value, 79 

FR 76970 (December 23, 2014) (Final 

Determination). 

2See Certain Crystalline Silicon Photovoltaic 

Products from the People’s Republic of China: 

Antidumping Duty Order; and Amended Final 

Affirmative Countervailing Duty Determination and 

Countervailing Duty Order, 80 FR 8592 (February 

18, 2015). 

3See SolarWorld’s Complaint, No. 15–00086, ECF 

No. 10 (CIT April 17, 2015). 

4See Jinko Solar Co., Ltd. v. United States, 229 

F. Supp. 3d 1333, 1353–1355 (CIT 2017) (Jinko 

Solar I). 

5 Id. at 1355. 

6See Final Results of Redetermination Pursuant 

to Court Remand, Jinko Solar Co., Ltd. v. United 

States, Court No. 15–00080, Slip Op. 17–62 (Court 

of International Trade May 18, 2017) (August 2, 

2017) (First Remand Results). 

7See Jinko Solar Co., Ltd. v. United States, 279 

F. Supp. 3d 1253, 1261–1264 (CIT 2017) (Jinko 

Solar II). 

this analysis, concluding that the value 

of information produced by the ABS 

outweighs the costs. The Census Bureau 

submitted a request to OMB on January 

5, 2018, formally requesting approval of 

the ABS under the Paperwork 

Reduction Act (PRA). The request 

included information about the cost to 

administer the ABS and the cost 

imposed on respondents in terms of 

their time to respond. The request also 

documented the many uses of the data. 

The request demonstrated that the ABS 

has practical utility, i.e., that the value 

of information produced outweighs the 

cost. As noted in the Paperwork 

Reduction Act section below, OMB 

approved the ABS on March 7, 2018 

(OMB control number 0607–1004). 

Furthermore, the ABS will provide 

data required by Executive Order 11458 

(March 5, 1969), ‘‘Prescribing 

Arrangements for Developing and 

Coordinating a National Program For 

Minority Business Enterprise’’ (http://

www.presidency.ucsb.edu/ws/?pid=

60475). Executive Order 11458 

prompted the Census Bureau to create 

the Survey of Minority Business 

Enterprises (SMOBE) and the Survey of 

Women Business Enterprises (SWOBE). 

The data previously collected in these 

two surveys was later collected in the 

SBO and the ASE, surveys that the ABS 

will now replace. Without the ABS, 

there will be no survey that complies 

with the executive order. The Minority 

Business Development Agency and 

Small Business Administration also rely 

on the Census Bureau to annually 

produce these data, including data on 

business ownership by gender, 

ethnicity, race, and veteran status as 

well as economic characteristics of 

businesses. 

The Census Bureau has designed the 

ABS survey to collect the required data 

while balancing the burden on 

businesses. The ABS is designed to 

combine Census Bureau firm-level 

collections to reduce respondent 

burden, increase data quality, reduce 

operational costs, and operate more 

efficiently. 

Paperwork Reduction Act 

Notwithstanding any other provision 

of law, no person is required to respond 

to, nor shall a person be subject to a 

penalty for failure to comply with a 

collection of information subject to the 

requirements of the Paperwork 

Reduction Act (PRA) (44 U.S.C., Chapter 

45) unless that collection of information 

displays a currently valid OMB control 

number. In accordance with the PRA, 

OMB approved the ABS under OMB 

control number 0607–1004 on March 7, 

2018. 

Based upon the foregoing, I have 

directed that the current mandatory 

business surveys be conducted for the 

purpose of collecting these data. 

Dated: May 31, 2018. 

Ron S. Jarmin, 

Associate Director for Economic Programs, 

Performing the Non-Exclusive Functions and 

Duties of the Director, Bureau of the Census. 

[FR Doc. 2018–12356 Filed 6–7–18; 8:45 am] 

BILLING CODE 3510–07–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–010] 

Crystalline Silicon Photovoltaic 

Products From the People’s Republic 

of China: Notice of Court Decision Not 

in Harmony With Final Determination 

of the Less Than Fair Value 

Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On May 25, 2018, the United 

States Court of International Trade (the 

Court) entered final judgment sustaining 

the final results of the second remand 

redetermination by the Department of 

Commerce (Commerce) pertaining to the 

antidumping duty (AD) investigation of 

certain crystalline silicon photovoltaic 

products from the People’s Republic of 

China (China). Commerce is notifying 

the public that the final judgment in this 

case is not in harmony with Commerce’s 

final determination in the AD 

investigation of certain crystalline 

silicon photovoltaic products from 

China. 

DATES: Applicable June 4, 2018. 

FOR FURTHER INFORMATION CONTACT: Eli 

Lovely, 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) 482–1593. 

SUPPLEMENTARY INFORMATION: 

Background 

Subsequent to the December 23, 2014, 

publication of the Final Determination 

in the AD investigation of certain 

crystalline silicon photovoltaic products 

from China,1 and the February 18, 2015 

publication of the AD order,2

SolarWorld Americas, Inc. (SolarWorld), 

the petitioner, filed a complaint with 

the Court challenging, among other 

things, Commerce’s determination that 

South African import data under 

subheading 8548.10, of the United 

States Harmonized Tariff Schedule 

(HTS), constituted the best available 

information for valuing Changzhou 

Trina Solar Energy Co., Ltd.’s (Trina) 

byproduct offset for scrapped solar 

modules.3

In Jinko Solar I, the Court remanded 

Commerce’s use of South African 

import data under HTS subheading 

8548.10, to value Trina’s byproduct 

offset for scrapped solar modules when 

calculating normal value. The Court 

found that Commerce did not 

adequately explain how its decision was 

reasonable in light of the record as a 

whole.4 Further, the Court found that 

two arguments made before the Court 

constituted post hoc rationalizations 

and directed Commerce to make those 

rationalizations explicit and identify 

supporting evidence for them, if either 

of the rationalizations informed 

Commerce’s decision to rely on HTS 

subheading 8548.10 to value Trina’s 

byproduct offset for scrapped solar 

modules.5

On August 2, 2017, Commerce issued 

its First Remand Results, in which it 

determined that it would continue to 

value Trina’s byproduct offset for 

scrapped solar modules with South 

African import data under HTS 8548.10 

and explained its decision to do so.6

The Court, in Jinko Solar II, held that 

Commerce’s determination remained 

unsupported by substantial evidence 

and that Commerce did not explain how 

its selected surrogate value was a 

representative surrogate value for the 

scrapped modules.7 The Court directed 

Commerce to reconsider or further 

explain its decision to use South 

African import data under HTS 

subheading 8548.10 to value the 

byproduct offset for scrapped solar 


amozie on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Notices 26655 

8 Id. at 1264. 

9See Final Results of Second Redetermination 

Pursuant to Court Order, Jinko Solar Co., Ltd., et al. 

v. United States, Court No. 15–00080, Slip Op. 17– 

165 (Court of International Trade December 13, 

2017) (March 12, 2018) (Second Remand Results). 

10See Jinko Solar Co., Ltd. v. United States, No. 

15–00080, Slip Op. 18–61 (CIT May 25, 2018) (Jinko 

Solar III). 

11See Timken Co. v. United States, 893 F.2d 337, 

341 (Fed. Cir. 1990). 

12See Diamond Sawblades Mfrs. Coalition v. 

United States, 626 F.3d 1374 (Fed. Cir. 2010). 

modules when calculating normal 

value.8

On March 12, 2018, Commerce issued 

its Second Remand Results, wherein, 

considering the Court’s order, and under 

respectful protest, Commerce selected 

Thai import data under HTS category 

2804.69 to value Trina’s byproduct 

offset for scrapped solar modules for 

purposes of its normal value 

calculations.9

On May 25, 2018, the Court issued its 

decision in Jinko Solar III sustaining 

Commerce’s Second Remand Results.10

Timken Notice 

In its decision in Timken,11 as 

clarified by Diamond Sawblades,12 the 

United States Court of Appeals for the 

Federal Circuit held that, pursuant to 

section 516A(e) of the Tariff Act of 

1930, as amended (the Act), Commerce 

must publish a notice of a court 

decision that is not ‘‘in harmony’’ with 

a Commerce determination and must 

suspend liquidation of entries pending 

a ‘‘conclusive’’ court decision. The 

Court’s May 25, 2018, final judgment 

sustaining Commerce’s Second Remand 

Redetermination constitutes a final 

decision of the Court that is not in 

harmony with Commerce’s Final 

Determination. This notice is published 

in fulfillment of the publication 

requirements of Timken. Accordingly, 

Commerce will continue the suspension 

of liquidation of the subject 

merchandise pending the expiration of 

the period of appeal, or if appealed, 

pending a final and conclusive court 

decision. We have not amended the 

Final Determination because valuing 

Trina’s scrapped solar modules using 

Thai import data under HTS category 

2804.69 rather than South African 

import data under HTS subheading 

8548.10 did not result in a change to the 

weighted average dumping margin 

calculated for Trina in the Final 

Determination. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with section 516A(e)(1) of 

the Act. 

Dated: June 4, 2018. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

[FR Doc. 2018–12481 Filed 6–7–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XG280 

Mid-Atlantic Fishery Management 

Council (MAFMC); Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: The Mid-Atlantic Fishery 

Management Council’s (Council) 

Mackerel-Squid-Butterfish (MSB) 

Monitoring Committee will meet via 

webinar to develop recommendations 

for future MSB specifications. 

DATES: The meeting will be held 

Monday, June 25, 2018 at 9 a.m. and 

end by noon. 

ADDRESSES: The meeting will be held 

via webinar with a telephone-only 

connection option: http://

mafmc.adobeconnect.com/moncom20

18plusfmat/. 

Council address: Mid-Atlantic Fishery 

Management Council, 800 N. State St. 

Suite 201, Dover, DE 19901; telephone: 

(302) 674–2331. 

FOR FURTHER INFORMATION CONTACT: 

Christopher M. Moore, Ph.D. Executive 

Director, Mid-Atlantic Fishery 

Management Council; telephone: (302) 

526–5255. The Council’s website, 

www.mafmc.org will also have details 

on webinar access and any background 

materials. 

SUPPLEMENTARY INFORMATION: The 

Council’s MSB Monitoring Committee 

will develop recommendations for 

future MSB specifications. The MSB 

Monitoring Committee will meet jointly 

with the Fishery Management Action 

Team (FMAT), which is developing 

analyses for the Council’s Atlantic 

mackerel rebuilding framework to set 

2019–2021 Atlantic mackerel 

specifications. The Council will review 

previously-set 2019 longfin squid, Illex 

squid, and butterfish specifications and 

take final action on the Atlantic 

mackerel rebuilding framework at its 

August 2018 Council Meeting (http://

www.mafmc.org/meetings/). 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aid should be directed to M. 

Jan Saunders, (302) 526–5251, at least 5 

days prior to the meeting date. 

Dated: June 4, 2018. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–12305 Filed 6–7–18; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Submission for OMB Review; 

Comment Request 

The Department of Commerce will 

submit to the Office of Management and 

Budget (OMB) for clearance the 

following proposal for collection of 

information under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). 

Agency: National Oceanic and 

Atmospheric Administration (NOAA). 

Title: Atlantic Highly Migratory 

Species Vessel and Gear Marking. 

OMB Control Number: 0648–0373. 

Form Number(s): None. 

Type of Request: Regular (extension of 

a currently approved information 

collection). 

Number of Respondents: 3,282. 

Average Hours per Response: Vessels, 

45 minutes; gear, 15 minutes per piece. 

Burden Hours: 3,894. 

Needs and Uses: This request is for an 

extension of a current information 

collection. These requirements apply to 

vessel owners in the Atlantic highly 

migratory species (HMS) Fishery. 

Under current regulations at 50 CFR 

635.6, fishing vessels permitted for 

Atlantic HMS fisheries must display 

their official vessel numbers on their 

vessels. Flotation devices and highflyers attached to certain fishing gears 

must also be marked with the vessel’s 

number to identify the vessel to which 

the gear belongs. These requirements are 

necessary for identification, law 

enforcement, and monitoring purposes. 

Specifically, all vessel owners that 

hold a valid Atlantic HMS permit under 

50 CFR 635.4, other than an Atlantic 

HMS Angling permit, are required to 

display their vessel identification 

number. Numbers must be permanently 

affixed to, or painted on, the port and 

starboard sides of the deckhouse or hull 

and on an appropriate weather deck, so 

as to be clearly visible from an 


amozie on DSK3GDR082PROD with NOTICES1