[Federal Register Volume 89, Number 218 (Tuesday, November 12, 2024)]
[Notices]
[Pages 88969-88970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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