[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Notices]
[Page 10478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4119]


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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: Postponement of 
Preliminary Determination in the Countervailing Duty Investigation

AGENCY: Import Administration, International Trade Administration, 
Commerce.

FOR FURTHER INFORMATION CONTACT: Gene Calvert, Jun Jack Zhao, or Emily 
Halle, AD/CVD Operations, Office 6, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-3586, (202) 482-1396 or (202) 482-0176, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 21, 2011, based on a timely request from the 
petitioner, SolarWorld Industries America, Inc. (Petitioner), the 
Department of Commerce (the Department) extended the due date for the 
preliminary determination in the countervailing duty investigation of 
crystalline silicon photovoltaic cells, whether or not assembled into 
modules, from the People's Republic of China, to no later than February 
13, 2012.\1\ Petitioner made a second timely request on January 19, 
2012, to further postpone the preliminary countervailing duty 
determination by 18 days, to March 2, 2012, which the Department 
granted.\2\
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    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, From the People's Republic of China: 
Postponement of Preliminary Determination in the Countervailing Duty 
Investigation, 76 FR 81914 (December 29, 2011).
    \2\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, From the People's Republic of China: Second 
Postponement of Preliminary Determination in the Countervailing Duty 
Investigation, 77 FR 4764 (January 31, 2012).
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Postponement of Due Date for the Preliminary Determination

    Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), 
requires the Department to issue the preliminary determination in a 
countervailing duty investigation within 65 days after the date on 
which the Department initiated the investigation. However, if the 
Department concludes that the parties concerned in the investigation 
are cooperating and determines that the investigation is 
extraordinarily complicated, section 703(c)(1)(B) of the Act allows the 
Department to postpone making the preliminary determination until no 
later than 130 days after the date on which the administering authority 
initiated the investigation.
    The Department has determined that the parties involved in this 
proceeding are cooperating, and that the investigation is 
extraordinarily complicated.\3\ The mandatory respondents recently 
filed extensive questionnaire responses and also identified and 
included responses to the questionnaire for multiple cross-owned 
affiliated companies, which now are included in the investigation.\4\ 
Specifically, the Department is investigating 27 alleged subsidy 
programs including, but not limited to, loans, grants, income tax 
incentives, and the provision of goods and services for less than 
adequate remuneration. Due to the number of companies and the 
complexity of the alleged countervailable subsidy practices being 
investigated, we determine that this investigation is extraordinarily 
complicated. Therefore, in accordance with section 703(c)(1)(B) of the 
Act, we are fully extending the due date for the preliminary 
determination to no later than 130 days after the day on which the 
investigation was initiated. However, as that date falls on a Saturday 
(i.e., March 17, 2012), the deadline for completion of the preliminary 
determination is now Monday, March 19, 2012, the next business day.\5\
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    \3\ See section 703(c)(1)(B) of the Act.
    \4\ See letter from Changzhou Trina Solar Energy Co., Ltd., 
regarding, ``Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from the People's Republic of China; CVD 
Questionnaire Response of Changzhou Trina Solar Energy Co., Ltd.,'' 
dated January 31, 2012. See also letter from Wuxi Suntech Power Co. 
Ltd., regarding, ``Crystalline Silicon Photovoltaic (``CSPV'') Cells 
from the People's Republic of China: Countervailing Duty 
Questionnaire Response of Wuxi Suntech Power Co., Ltd.,'' dated 
January 31, 2012.
    \5\ See Notice of Clarification: Application of ``Next Business 
Day'' Rule for Administrative Determination Deadlines Pursuant to 
the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
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    This notice is issued and published pursuant to section 703(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

     Dated: February 15, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-4119 Filed 2-21-12; 8:45 am]
BILLING CODE 3510-DS-P