19070 Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Notices 

3See 19 CFR 351.218(d)(1)(iii). 

1See Certain Carbon and Alloy Steel Cut-toLength Plate from the Republic of Korea: 

Countervailing Duty Order, 82 FR 24103 (May 25, 

2017) (Order). 

2See Initiation of Five-Year (Sunset) Reviews, 86 

FR 68220 (December 1, 2021). 

3See SSAB’s Letter, ‘‘Notice of Intent to 

Participate in the First Five-Year Review,’’ dated 

December 15, 2021; see also Cleveland-Cliffs’s 

Letter, ‘‘Notice of Intent to Participate in Sunset 

Review,’’ dated December 16, 2021; Nucor’s Letter, 

‘‘Intent to Participate in Sunset Review,’’ dated 

December 16, 2021. 

4See Domestic Interested Parties’ Letter, 

‘‘Substantive Response to Notice of Initiation of 

Sunset Review,’’ dated January 3, 2022. 

5See Commerce’s Letter, ‘‘Sunset Reviews 

Initiated on December 1, 2021,’’ dated January 20, 

2022. 

6See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Results of the Expedited 

First Sunset Review of the Countervailing Duty 

Order on Certain Carbon and Alloy Steel Cut-toLength Plate from the Republic of Korea,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Issues and Decision Memorandum). 

publication in the Federal Register of 

this notice of initiation by filing a notice 

of intent to participate. The required 

contents of the notice of intent to 

participate are set forth at 19 CFR 

351.218(d)(1)(ii). In accordance with 

Commerce’s regulations, if we do not 

receive a notice of intent to participate 

from at least one domestic interested 

party by the 15-day deadline, Commerce 

will automatically revoke the order 

without further review.3

If we receive an order-specific notice 

of intent to participate from a domestic 

interested party, Commerce’s 

regulations provide that all parties 

wishing to participate in a Sunset 

Review must file complete substantive 

responses not later than 30 days after 

the date of publication in the Federal 

Register of this notice of initiation. The 

required contents of a substantive 

response, on an order-specific basis, are 

set forth at 19 CFR 351.218(d)(3). Note 

that certain information requirements 

differ for respondent and domestic 

parties. Also, note that Commerce’s 

information requirements are distinct 

from the ITC ’s information 

requirements. Consult Commerce’s 

regulations for information regarding 

Commerce’s conduct of Sunset Reviews. 

Consult Commerce’s regulations at 19 

CFR part 351 for definitions of terms 

and for other general information 

concerning antidumping and 

countervailing duty proceedings at 

Commerce. 

This notice of initiation is being 

published in accordance with section 

751(c) of the Act and 19 CFR 351.218(c). 

Dated: March 11, 2022. 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2022–06923 Filed 3–31–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–580–888] 

Certain Carbon and Alloy Steel Cut-toLength Plate From the Republic of 

Korea: Final Results of the Expedited 

First Sunset Review of the 

Countervailing Duty Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) finds that revocation of the 

countervailing duty (CVD) order on 

certain carbon and alloy steel cut-tolength plate (CTL plate) from the 

Republic of Korea (Korea) would be 

likely to lead to the continuation or 

recurrence of a countervailable subsidy 

at the levels indicated in the ‘‘Final 

Results of Sunset Review’’ section of 

this notice. 

DATES: Applicable April 1, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Faris Montgomery, AD/CVD Operations, 

Office VIII, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–1537. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 25, 2017, Commerce 

published in the Federal Register the 

CVD order on CTL plate from Korea.1

On December 1, 2021, Commerce 

published the notice of initiation of the 

first sunset review of the Order, 

pursuant to section 751(c) of the Tariff 

Act of 1930, as amended (the Act).2

Commerce received timely notices of 

intent to participate in this review from 

SSAB Enterprises, LLC (SSAB) on 

December 15, 2021, and from ClevelandCliffs Inc. (Cleveland-Cliffs) and Nucor 

Corporation (Nucor) (collectively, 

domestic interested parties) on 

December 16, 2021, within the deadline 

specified in 19 CFR 351.218(d)(1)(i).3

The domestic interested parties claimed 

interested party status under section 

771(9)(C) of the Act, as domestic 

producers of CTL plate. On January 3, 

2022, Commerce received a complete 

substantive response for the review from 

the domestic interested parties within 

the 30-day deadline specified in 19 CFR 

351.218(d)(3)(i).4

On January 20, 2022, Commerce 

notified the U.S. International Trade 

Commission that it did not receive an 

adequate substantive response from 

respondent interested parties.5 As a 

result, pursuant to 751(c)(3)(B) of the 

Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 

Commerce conducted an expedited 

(120-day) sunset review of the Order. 

Scope of the Order 

The products covered by the Order 

are CTL plate. For a full description of 

the scope, see the Issues and Decision 

Memorandum.6

Analysis of Comments Received 

A complete discussion of all issues 

raised in this sunset review is provided 

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). 

ACCESS is available to registered users 

at https://access.trade.gov. In addition, a 

complete version of the Issues and 

Decision Memorandum can be accessed 

directly at https://access.trade.gov/ 

public/FRNoticesListLayout.aspx. 

Final Results of Sunset Review 

Pursuant to sections 751(c)(1) and 

752(b) of the Act, Commerce determines 

that revocation of the Order would be 

likely to lead to the continuation or 

recurrence of countervailable subsidies 

at the rates listed below: 

Producer/exporter Subsidy rate 

(percent) 

POSCO ................................. 4.35 

All Others .............................. 4.35 

Notification Regarding Administrative 

Protective Order (APO) 

This notice also serves as the only 

reminder to parties subject to an APO of 

their responsibility concerning the 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305. Timely written 

notification of the return or destruction 

of APO materials or conversion to 

judicial protective order is hereby 

requested. Failure to comply with the 

regulations and terms of an APO is a 

sanctionable violation. 

Notification to Interested Parties 

We are issuing and publishing these 

results in accordance with sections 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Notices 19071 

1See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into Modules from the 

People’s Republic of China: Amended Final 

Determination of Sales at Less Than Fair Value, 

and Antidumping Duty Order, 77 FR 73018 

(December 7, 2012) and 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) (Orders). 

2See Auxin’s Letter, ‘‘Auxin Solar’s Request for 

an Anti-Circumvention Ruling Pursuant to Section 

781(b) of the Tariff Act of 1930, As Amended,’’ 

dated February 8, 2022. 

3See Memorandum, ‘‘Extension of Time to 

Determine Whether to Initiate Anti-Circumvention 

Inquiry,’’ dated March 9, 2022. 

4See Memorandum, ‘‘Crystalline Silicon 

Photovoltaic Cells, Whether or Not Assembled Into 

Modules from the People’s Republic of China: 

Initiation of Circumvention Inquiries,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Initiation Memorandum). 

751(c), 752(b), and 777(i)(1) of the Act, 

and 19 CFR 351.218. 

Dated: March 25, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

List of Issues Addressed 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 that 

Are Likely to Prevail 

3. Nature of the Subsidies 

VII. Final Results of Review 

VIII. Recommendation 

[FR Doc. 2022–06926 Filed 3–31–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–979, C–570–980] 

Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into 

Modules, From the People’s Republic 

of China: Initiation of Circumvention 

Inquiry on the Antidumping Duty and 

Countervailing Duty Orders 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In response to a request from 

Auxin Solar Inc. (Auxin), the 

Department of Commerce (Commerce) is 

initiating country-wide circumvention 

inquiries to determine whether imports 

of crystalline silicon photovoltaic cells, 

whether or not assembled into modules 

(solar cells and modules), which are 

completed in Cambodia, Malaysia, 

Thailand, or Vietnam using parts and 

components from the People’s Republic 

of China (China), are circumventing the 

antidumping duty (AD) and 

countervailing duty (CVD) orders on 

solar cells and modules from China. 

DATES: Applicable April 1, 2022. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Pedersen or Paola Aleman Ordaz 

(Thailand and Vietnam), Office IV, or 

Chien-Min Yang (Cambodia and 

Malaysia), Office VII, AD/CVD 

Operations, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–2769, (202) 482–4031, and 

(202) 482–5484, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 8, 2022, pursuant to 

section 781(b) of the Tariff Act of 1930, 

as amended (the Act), and 19 CFR 

351.226(c), Auxin filed a circumvention 

inquiry request alleging that solar cells 

and modules completed in Cambodia, 

Malaysia, Thailand, or Vietnam using 

parts and components manufactured in 

China are circumventing the Orders 1

and, accordingly, should be included 

within the scope of the Orders.2 Parties 

have filed numerous letters with 

Commerce in which they explained 

their views concerning the requested 

circumvention inquiries. On March 9, 

2022, we extended the deadline to 

determine whether to initiate these 

circumvention inquiries by 15 days, in 

accordance with 19 CFR 351.226(d)(1).3

Scope of the Orders 

The merchandise covered by these 

Orders is crystalline silicon 

photovoltaic cells, and modules, 

laminates, and panels, consisting of 

crystalline silicon photovoltaic 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 these Orders is currently 

classified in the Harmonized Tariff 

Schedule 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. Although these HTSUS 

subheadings are provided for 

convenience and customs purposes, the 

written description of the scope of the 

Orders is dispositive. For a complete 

description of the scope of the Orders, 

see the Initiation Memorandum.4

Merchandise Subject to the 

Circumvention Inquiries 

The circumvention inquiries cover 

solar cells and modules that have been 

completed in Cambodia, Malaysia, 

Thailand, or Vietnam, using parts and 

components from China, that are then 

subsequently exported from Cambodia, 

Malaysia, Thailand, or Vietnam to the 

United States. 

Initiation of Circumvention Inquiries 

Section 351.226(d) of Commerce’s 

regulations states that if Commerce 

determines that a request for a 

circumvention inquiry satisfies the 

requirements of 19 CFR 351.226(c), then 

Commerce ‘‘will accept the request and 

initiate a circumvention inquiry.’’ 

Section 351.226(c)(1) of Commerce’s 

regulations, in turn, requires that each 

request for a circumvention inquiry 

allege ‘‘that the elements necessary for 

a circumvention determination under 

section 781 of the Act exist’’ and be 

‘‘accompanied by information 

reasonably available to the interested 

party supporting these allegations.’’ 

Auxin alleged circumvention pursuant 

to section 781(b) of the Act 

(merchandise completed or assembled 

in other foreign countries). 

According to section 781(b)(1) of the 

Act, after taking into account any advice 

provided by the U.S. International Trade 

Commission (ITC) under section 781(e) 

of the Act, Commerce may find 

merchandise imported into the United 

States to be covered by the scope of an 

order if: (A) Merchandise imported into 

the United States is of the same class or 

kind as any merchandise produced in a 

foreign country that is the subject of an 

AD order or finding or a CVD order; (B) 

before importation into the United 

States, such imported merchandise is 

completed or assembled in another 

foreign country from merchandise 

which is subject to the order or finding 

or is produced in the foreign country 

with respect to which such order or 

finding applies; (C) the process of 

assembly or completion in the foreign 

country referred to in subparagraph (B) 

is minor or insignificant; (D) the value 

of the merchandise produced in the 

foreign country to which the AD (or 

CVD) order applies is a significant 

portion of the total value of the 

merchandise exported to the United 


lotter on DSK11XQN23PROD with NOTICES1