Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 106429 

9See Order. 

1See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled into Modules, from the 

People’s Republic of China: Final Results of 

Countervailing Duty Administrative Review; 2020, 

88 FR 44108 (July 11, 2023) (Final Results), and 

accompanying Issues and Decision Memorandum 

(IDM). 

2See Notice of Correction to the Final Results, 

and Amended Final Results of Countervailing Duty 

Administrative Review; 2020 (August 11, 2023) 

(Amended Final Results). 

Commerce intends to issue 

assessment instructions to CBP no 

earlier than 35 days after the date of 

publication of the final results of this 

review in the Federal Register. If a 

timely summons is filed at the U.S. 

Court of International Trade, the 

assessment instructions will direct CBP 

not to liquidate relevant entries until the 

time for parties to file a request for a 

statutory injunction has expired (i.e., 

within 90 days of publication). 

Cash Deposit Requirements 

The following deposit requirements 

will be effective for all shipments of the 

subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date of the final results of this 

administrative review, as provided by 

section 751(a)(2)(C) of the Act: (1) the 

cash deposit rate for the companies 

listed above will be equal to the 

weighted-average dumping margin that 

is established in the ‘‘Final Results of 

Review’’; (2) for previously investigated 

or reviewed companies not subject to 

this review, the cash deposit rate will 

continue to be the company-specific rate 

published for the most recently 

completed segment of this proceeding in 

which the company participated; (3) if 

the exporter is not a firm covered in this 

review, a prior review, or the original 

less-than-fair-value (LTFV) 

investigation, but the producer is, the 

cash deposit rate will be the rate 

established for the most recently 

completed segment of the proceeding 

for the producer of the merchandise; 

and (4) the cash deposit rate for all other 

producers and exporters will continue 

to be 9.10 percent ad valorem, the allothers rate established in the LTFV 

investigation.9 These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers Regarding the 

Reimbursement of Duties 

This notice also serves as a final 

reminder to importers of their 

responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during the POR. 

Failure to comply with this requirement 

could result in Commerce’s 

presumption that reimbursement of 

antidumping duties occurred and the 

subsequent assessment of double 

antidumping duties. 

Administrative Protective Order 

This notice also serves as a reminder 

to parties subject to an administrative 

protective order (APO) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3), which 

continues to govern business 

proprietary information in this segment 

of the proceeding. 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 the terms of an APO is 

a sanctionable violation. 

Notification to Interested Parties 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(1) and 777(i)(1) of the Act, and 19 

CFR 351.221(b)(5) and 19 CFR 

351.213(h)(1). 

Dated: December 19, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Changes Since the Preliminary Results 

V. Discussion of the Issues 

Comment 1: The Appropriate Source for 

Construction Value Profit and Indirect 

Selling Expenses 

Comment 2: Whether to Revise Amatei’s 

Profit and Indirect Selling Expense 

Ratios 

Comment 3: Whether to Deduct All Section 

232 Duties 

VI. Recommendation 

[FR Doc. 2024–31080 Filed 12–27–24; 8:45 am] 

BILLING CODE 3510–DS–P 

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: Notice of Court Decision Not 

in Harmony with the Results of 

Countervailing Duty Administrative 

Review; Notice of Amended Final 

Results 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On December 18, 2024, the 

U.S. Court of International Trade (CIT) 

issued its final judgment in Risen 

Energy Co., Ltd., v. United States, Court 

No. 23–00153, sustaining the U.S. 

Department of Commerce’s (Commerce) 

remand results pertaining to the 

administrative review of the 

countervailing duty (CVD) order on 

crystalline silicon photovoltaic cells, 

whether or not assembled into modules 

(solar cells), from the People’s Republic 

of China (China) covering the period 

January 1, 2020 through December 31, 

2020. Commerce is notifying the public 

that the CIT’s final judgment is not in 

harmony with Commerce’s final results 

of the administrative review, and that 

Commerce is amending the final results 

with respect to the countervailable 

subsidy rate assigned to producer and/ 

or exporter Risen Energy Co., Ltd. 

(Risen). 

DATES: Applicable December 28, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Lingjun Wang, AD/CVD Operations, 

Office VII, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue, 

NW, Washington, DC 20230; telephone: 

(202) 482–2316. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 11, 2023, Commerce 

published its Final Results in the 2020 

CVD administrative review of solar cells 

from China. Commerce found that the 

Government of China failed to cooperate 

to the best of its ability and, as adverse 

facts available, found that Risen used 

and benefited from the Export Buyer’s 

Credit Program (EBCP).1

After correcting ministerial errors 

contained in the Final Results, on 

August 11, 2023, Commerce published 

the Amended Final Results, where we 

corrected the calculation of the 

countervailable subsidy rate for Risen 

from 14.27 percent to 18.95 percent.2

Risen appealed Commerce’s Final 

Results/Amended Final Results to the 

CIT. On August 16, 2024, the CIT 

remanded the Final Results/Amended 

Final Results to Commerce. The CIT 

directed Commerce on remand to either 

attempt verification of the non-use 

certifications to determine more 

accurately what proportion of the sales 


ddrumheller on DSK120RN23PROD with NOTICES1
106430 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 

3See Risen Energy, Co., Ltd., v. United States, 724 

F.Supp.3d 1356 (CIT 2024). 

4See Final Results of Redetermination Pursuant 

to Court Remand, Risen Energy Co., Ltd., v. United 

States Court No. 23–00153, Slip Op. 2–94 (CIT 

August 16, 2024), dated November 13, 2024 

(Remand Redetermination), available at https:// 

access.trade.gov/public/ 

FinalRemandRedetermination.aspx. 

5 Id. 

6See Risen Energy Co., Ltd., v. United States, Slip 

Op. 24–144 (CIT 2024). 

7See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

8See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 

9This rate applies Risen Energy Co., Ltd. and its 

cross-owned companies: Risen Energy (Luoyang) 

Co., Ltd.; Risen Energy (Wuhai) Co., Ltd.; Risen 

Energy (Changzhou) Co., Ltd.; Risen Energy 

(Ningbo) Co., Ltd.; Risen Energy (Yiwu) Co., Ltd.; 

Zhejiang Boxin Investment Co., Ltd.; Zhejiang 

Twinsel Electronic Technology Co., Ltd.; Jiangsu 

Sveck New Material Co., Ltd.; Changzhou Sveck 

Photovoltaic New Material Co., Ltd. (including 

Changzhou Sveck Photovoltaic New Material Co., 

Ltd. Jintan Danfeng Road Branch); Changzhou 

Sveck New Material Technology Co., Ltd.; Ninghai 

Risen Energy Power Development Co., Ltd.; Risen 

(Ningbo) Electric Power Development Co., Ltd.; 

Changzhou Jintan Ningsheng Electricity Power Co., 

Ltd.; and Risen (Changzhou) Import and Export Co., 

Ltd. 

10See 19 CFR 351.106(c)(2). 

1See Silicomanganese from India: Preliminary 

Results, Preliminary Results of Antidumping Duty 

Administrative Review and Intent to Rescind, in 

Part; 2022–2023, 89 FR 49152 (June 11, 2024) 

(Preliminary Results), and accompanying 

Preliminary Decision Memorandum (PDM). 

2See Preliminary Results, 89 FR at 49153. 

3See Memorandum, ‘‘Extension of Deadline for 

Final Results of Countervailing [sic] Duty 

Administrative Review,’’ dated October 16, 2024. 

The memorandum title should read, ‘‘Extension of 

Deadline for Final Results of Antidumping Duty 

Administrative Review.’’ 

Risen is able to account for, or to 

remove at least the portion of the EBCP 

rate attributable to the customers 

demonstrating non-use from the 

calculation of Risen’s overall subsidy 

rate.3

In its final Remand Redetermination,4

issued in November 2024, Commerce 

found that pro-rating Risen’s subsidy 

rate to account for the number of nonuse certifications provided by its U.S. 

customers is inconsistent with 

Commerce’s practice and the AFA 

hierarchy. Commerce removed the 5.46 

percent EBCP AFA rate from Risen’s 

total countervailable subsidy rate.5 The 

CIT sustained Commerce’s Remand 

Redetermination.6

Timken Notice 

In its decision in Timken,7 as clarified 

by Diamond Sawblades,8 the Court of 

Appeals for the Federal Circuit held 

that, pursuant to section 516A(c) and (e) 

of the Tariff Act of 1930, as amended 

(the Act), Commerce must publish a 

notice of court decision that is not ‘‘in 

harmony’’ with a Commerce 

determination and must suspend 

liquidation of entries pending a 

‘‘conclusive’’ court decision. The CIT’s 

December 18, 2024, judgment 

constitutes a final decision of the CIT 

that is not in harmony with Commerce’s 

Final Results/Amended Final Results. 

Thus, this notice is published in 

fulfillment of the publication 

requirements of Timken. 

Amended Final Results 

Because there is now a final court 

judgment, Commerce is amending its 

Final Results and Amended Final 

Results with respect to producer and/or 

exporter Risen’s countervailable subsidy 

rate for the period of January 1, 2020, 

through December 31, 2020, as follows: 

Producer/ 

exporter 

Subsidy 

rate 

(percent 

ad valorem) 

Risen Energy Co., Ltd.9 ........... 13.49 

Cash Deposit Requirements 

Because Risen does not have a 

superseding cash deposit rate, 

Commerce will issue revised cash 

deposit instructions to U.S. Customs 

and Border Protection (CBP). 

Liquidation of Suspended Entries 

At this time, Commerce remains 

enjoined by the CIT order from 

liquidating entries that: were produced 

and/or exported by Risen, and were 

entered, or withdrawn from warehouse, 

for consumption during the period 

January 1, 2020 through December 31, 

2020. These entries will remain 

enjoined pursuant to the terms of the 

injunction during the pendency of any 

appeals process. 

In the event the CIT’s ruling is not 

appealed, or, if appealed, upheld by a 

final and conclusive court decision, 

Commerce intends to instruct CBP to 

assess countervailing duties on 

unliquidated entries of subject 

merchandise produced and/or exported 

by Risen in accordance with 19 CFR 

351.212(b). We will instruct CBP to 

assess countervailing duties on all 

appropriate entries covered by this 

review when the ad valorem rate is not 

zero or de minimis. Where an ad 

valorem subsidy rate is zero or de 

minimis,10 we will instruct CBP to 

liquidate the appropriate entries 

without regard to countervailing duties. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(c) and 

(e) and 777(i)(1) of the Act. 

Dated: December 20, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2024–31190 Filed 12–27–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–533–823] 

Silicomanganese From India: Final 

Results and Partial Rescission of 

Antidumping Duty Administrative 

Review; 2022–2023 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) finds that 

Maithan Alloys Limited (MAL) made 

sales of subject merchandise at less than 

normal value during the period of 

review (POR) May 1, 2022, through 

April 30, 2023. Additionally, we are 

rescinding the review with respect to 

Rajadhiraj Tirupani Vinayak Natraj Pvt. 

Ltd. (RTVN), because we find that it had 

no shipments of subject merchandise 

during the POR. 

DATES: Applicable December 30, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Keith, AD/CVD Operations, Office 

VII, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–0264. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 11, 2024, Commerce 

published the preliminary results of the 

2022–2023 administrative review of the 

antidumping duty order on 

silicomanganese from India.1 We 

invited interested parties to comment on 

the Preliminary Results.2 No interested 

parties submitted comments; thus, no 

decision memoranda accompany this 

notice. The Preliminary Results are 

hereby adopted as the final results of 

this review. Commerce conducted this 

review in accordance with section 

751(a) of the Tariff Act of 1930, as 

amended (the Act). On October 16, 

2024, in accordance with section 

751(a)(3)(A) of the Act, Commerce 

extended the deadline for the final 

results of this review by 60 days, until 

December 16, 2024.3 On December 9, 


ddrumheller on DSK120RN23PROD with NOTICES1