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 Department of Commerce International Trade Administration [A-552-841]
 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce.
 SUMMARY: The U.S. Department of Commerce (Commerce) is amending its preliminary affirmative determination in the less-than-fair-value (LTFV) investigation of crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells) from the Socialist Republic of Vietnam (Vietnam) to correct for a significant ministerial error. The period of investigation (POI) is October 1, 2023, through March 31, 2024.
 DATES: Applicable January 2, 2025.
 FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Deborah Cohen, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4243 or (202) 482-4521, respectively.


SUPPLEMENTARY INFORMATION: Background On December 4, 2024, Commerce published in the 
                    **Federal Register**
                     its preliminary affirmative determination in the LTFV investigation of solar cells from Vietnam.[1]
                    
                     On December 9, 2024, the American Alliance for Solar Manufacturing Trade Committee, a coalition of domestic producers of solar cells and modules (collectively, the petitioner), timely alleged that Commerce made a significant ministerial error in calculating Jinko Solar (Vietnam) Industries Co., Ltd.'s (Jinko) estimated weighted-average dumping margin.[2] Scope of the Investigation The products covered by this investigation are solar cells from Vietnam. For a complete description of the scope of this investigation, 
                    *see*
                     the 
                    *Preliminary Determination.* Legal Framework A ministerial error is defined as including “errors in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which {Commerce} considers ministerial.” [3]
                    
                     A ministerial error is considered to be “significant” if its correction, either singly or in combination with other errors, would result in: (1) a change of at least five absolute percentage points in, but not less than 25 percent of, the weighted-average dumping margin calculated in the preliminary determination; or (2) a difference between a weighted-average dumping margin of zero (or 
                    *de minimis*) and a weighted-average dumping margin of greater than 
                    *de minimis*
                     or vice versa.[4]
                    
                     Pursuant to 19 CFR 351.224(e), Commerce “will analyze any comments received and, if appropriate, correct any significant ministerial error by amending the preliminary determination.” Analysis of Significant Ministerial Error In the 
                    *Preliminary Determination,*
                     Commerce made a significant ministerial error within the meaning of section 735(e) of the Act and 19 CFR 351.224(f) and (g)(1) in calculating the estimated weighted-average dumping margin for Jinko. Accordingly, pursuant to 19 CFR 351.224(e), Commerce is amending its 
                    *Preliminary Determination*
                     to correct for this significant ministerial error by revising the weighted-average dumping margins for Jinko and the non-individually examined separate rate companies. For a detailed discussion of the alleged ministerial error, as well as Commerce's analysis, 
                    *see*
                     the Ministerial Error Memorandum.[5] Amended Preliminary Determination As a result of correcting the significant ministerial error, Commerce determines the following estimated weighted-average dumping margins exist: Producer
Exporter
Estimated
                             weighted-average 
                             dumping margin 
                             (percent)
Cash deposit rate
                             (adjusted for 
                             subsidy offsets) 
                             (percent)Jinko Solar (Vietnam) Industries Company Limited
Jinko Solar (Vietnam) Industries Company Limited
71.85
71.74Blue Moon Vina Co
Blue Moon Vina Co
60.02
59.91Boviet Solar Technology Co., Ltd
Boviet Solar Technology Co., Ltd
60.02
6
                             60.02Elite Solar Technology (Vietnam) Company Limited
Elite SNG
60.02
59.91Letsolar Vietnam Company Limited
Letsolar Vietnam Company Limited
60.02
59.91Mecen Solar Vina Co., Ltd
Mecen Solar Vina Co., Ltd
60.02
59.91Nexuns Vietnam Company Limited
Nexuns Vietnam Company Limited
60.02
59.91Trina Solar Energy Development Company Ltd
Trina Solar Energy Development Company Ltd
60.02
59.91Vietnergy Co., Ltd. and Tainergy Tech Co., Ltd. (collectively, Vietnergy)
Vietnergy Co., Ltd. and Tainergy Tech Co., Ltd. (collectively, Vietnergy)
60.02
59.91( print page 86)Vietnam Sunergy Joint Stock Company (f.k.a. Vietnam Sunergy Company Limited)
Vietnam Sunergy Joint Stock Company (f.k.a. Vietnam Sunergy Company Limited)
60.02
59.91
 Disclosure We intend to disclose the calculations performed for this amended preliminary determination to parties within five days after public announcement or, if there is no public announcement, within five days of the date of publication of this notice, in accordance with 19 CFR 351.224(b). Amended Cash Deposits and Suspension of Liquidation The collection of cash deposits and suspension of liquidation will be revised according to the rates calculated in this amended preliminary determination, in accordance with section 733(d) of the Act. Because this amended preliminary determination results in an increased cash deposit rate, this rate will be effective on the date of publication of this notice in the 
                    **Federal Register**
                    . These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission (ITC) Notification In accordance with section 733(f) of the Act, Commerce will notify the ITC of our amended preliminary determination. Notification to Interested Parties This amended preliminary determination is issued and published in accordance with sections 733(d) and 777(i) of the Act, and 19 CFR 351.224(e). Dated: December 23, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance.


# Footnotes

1.
    
                         
                        *See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules from the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, and Postponement of Final Determination and Extension of Provisional Measures,*89 FR 96219 (December 4, 2024) (
                        *Preliminary Determination*), and accompanying Preliminary Decision Memorandum. Back to Citation
 2.
    
                         
                        *See*
                         Petitioner's Letter, “Ministerial Error Allegation,” dated December 9, 2024. Back to Citation
 3.
    
                         
                        *See*
                         section 735(e) of the Tariff Act of 1930, as amended (the Act); 
                        *see also*19 CFR 351.224(f). Back to Citation
 4.
    
                         
                        *See*19 CFR 351.224(g). Back to Citation
 5.
    
                         
                        *See*
                         Memorandum, “Less-Than-Fair-Value Investigation of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the Socialist Republic of Vietnam: Ministerial Error Allegation Regarding the Preliminary Determination,” dated concurrently with this notice (Ministerial Error Memorandum), at 2-3. Back to Citation
 6.
    
                         Commerce assigned Boviet Solar Technology Co., Ltd. a 
                        *de minimis*
                         rate in the parallel countervailing duty investigation, and therefore, no subsidy offset was provided to Boviet in the LTFV investigation. Back to Citation


[FR Doc. 2024-31449 Filed 12-31-24; 8:45 am] BILLING CODE 3510-DS-P