Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices 48393 

4See section 751(a)(2)(C) of the Act. 

5For a full discussion of this practice, see 

Antidumping and Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 FR 23954 

(May 6, 2003). 

6See Low Melt Polyester Staple Fiber from the 

Republic of Korea and Taiwan: Antidumping Duty 

Orders, 83 FR 40752, 40753 (August 16, 2018). 7 Id. 

1See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into Modules, from the 

Continued 

TAK for the period August 1, 2019, 

through July 31, 2020: 

Exporter/producer 

Weightedaverage 

dumping 

margin 

(percent) 

Toray Advanced Materials 

Korea, Inc ................................ 3.00 

Assessment Rates 

Commerce has determined, and U.S. 

Customs and Border Protection (CBP) 

shall assess, antidumping duties on all 

appropriate entries in accordance with 

section 751(a)(2)(C) of the Act and 19 

CFR 351.212(b). 

Pursuant to 19 CFR 351.212(b)(1), 

where the respondent reported the 

entered value of their U.S. sales, we 

calculated importer-specific ad valorem 

duty assessment rates based on the ratio 

of the total amount of dumping 

calculated for the examined sales to the 

total entered value of the sales for which 

entered value was reported. Where the 

respondent did not report entered value, 

we calculated the entered value in order 

to calculate the assessment rate. Where 

either the respondent’s weightedaverage dumping margin is zero or de 

minimis within the meaning of 19 CFR 

351.106(c)(1), or an importer-specific 

rate is zero or de minimis, we will 

instruct CBP to liquidate the appropriate 

entries without regard to antidumping 

duties. 

The final results of this review shall 

be the basis for the assessment of 

antidumping duties on entries of 

merchandise covered by the final results 

of this review and for future deposits of 

estimated duties, where applicable.4

Commerce’s ‘‘automatic assessment’’ 

will apply to entries of subject 

merchandise during the POR produced 

by TAK for which it did not know that 

the merchandise it sold to an 

intermediary (e.g., a reseller, trading 

company, or exporter) was destined for 

the United States. In such instances, we 

will instruct CBP to liquidate 

unreviewed entries at the all-others rate 

if there is no rate for the intermediate 

company(ies) involved in the 

transaction.5 The all-others rate is 16.27 

percent.6

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 cash deposit 

requirements will be effective for all 

shipments of 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 TAK will be 

the rate shown above; (2) for previously 

reviewed or investigated companies not 

participating in this review, the cash 

deposit rate will continue to be the 

company-specific rate published for the 

most recently-completed segment; (3) if 

the exporter is not a firm covered in this 

review, a previous review, or the 

original less-than-fair value (LTFV) 

investigation, but the manufacturer is, 

the cash deposit rate will be the rate 

established for the most recent segment 

for the manufacturer of the 

merchandise; and (4) the cash deposit 

rate for all other manufacturers or 

exporters will continue to be 16.27 

percent, the all-others rate made 

effective by the LTFV investigation.7

These deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

Notification to Importers 

This notice 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 this review period. 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 serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

disposition 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 return/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 

This notice is issued and published in 

accordance with sections 751(a)(1) and 

777(i) of the Act. 

Dated: August 24, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2021–18595 Filed 8–27–21; 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: Final Results and Partial 

Rescission of Countervailing Duty 

Administrative Review; 2018 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that 

countervailable subsidies are being 

provided to producers/exporters of 

crystalline silicon photovoltaic cells, 

whether or not assembled into modules 

(solar cells), from the People’s Republic 

of China (China) during the period of 

review (POR) January 1, 2018, through 

December 31, 2018. Commerce is also 

rescinding this review with respect to 

forty companies that had no reviewable 

entries during the POR. 

DATES: Applicable August 30, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Robert Copyak or 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) 482–3642, or 

(202) 482–2316, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 23, 2021, Commerce 

published the Preliminary Results of 

this administrative review and invited 

comments from interested parties.1 On 


khammond on DSKJM1Z7X2PROD with NOTICES
48394 Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices 

People’s Republic of China: Preliminary Results of 

Countervailing Duty Administrative Review and 

Rescission of Review, in Part; 2018, 86 FR 21691 

(April 23, 2021) (Preliminary Results), and 

accompanying Preliminary Decision Memorandum 

(PDM). 

2See GDLSK’s Letter, ‘‘GDLSK Respondents 

Letter Brief: 2018 Administrative Review of the 

Countervailing Duty Order on Crystalline Silicon 

Photovoltaic Cells, Whether or Not Assembled Into 

Modules, from the People’s Republic of China (C– 

570–980),’’ dated May 24, 2021. 

3See GOC’s Letter, ‘‘Crystalline Silicon 

Photovoltaic Cells, Whether or Not Assembled into 

Modules from the People’s Republic of China—Case 

Brief,’’ dated May 24, 2021. 

4See Tianran’s Letter, ‘‘Countervailing Duty 

Administrative Review of Crystalline Silicon 

Photovoltaic Cells, Whether or Not Assembled into 

Modules, from the People’s Republic of China: Case 

Brief Wuxi Tianran Photovoltaic Co., Ltd.,’’ dated 

May 24, 2021. 

5See BYD’s Letter, ‘‘Crystalline Silicon 

Photovoltaic Cells, Whether Or Not Assembled Into 

Modules, from the People’s Republic of China (2018 

Review): See also BYD Letter in Lieu of Case Brief,’’ 

dated May 24, 2021. 

6See JA Solar’s Letter, ‘‘Crystalline Silicon 

Photovoltaic Cells, Whether or Not Assembled into 

Modules from the People’s Republic of China: 

Letter in Lieu of Case Brief,’’ dated May 24, 2021. 

7See Alliance’s Letter, ‘‘Crystalline Silicon 

Photovoltaic Cells, Whether or Not Assembled into 

Modules from the People’s Republic of China: 

Rebuttal Brief,’’ dated June 1, 2021. 

8See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Results and Partial 

Recission of the Administrative Review of the 

Countervailing Duty Order on Crystalline Silicon 

Photovoltaic Cells, Whether or Not Assembled into 

Modules, from the People’s Republic of China; 

2018,’’ dated concurrently with, and hereby 

adopted by, this notice (Issues and Decision 

Memorandum). 

9See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

10See, e.g., Lightweight Thermal Paper from the 

People’s Republic of China: Notice of Rescission of 

Countervailing Duty Administrative Review; 2015, 

82 FR 14349 (March 20, 2017); and Circular Welded 

Carbon Quality Steel Pipe from the People’s 

Republic of China: Rescission of Countervailing 

Duty Administrative Review; 2017, 84 FR 14650 

(April 11, 2019). 

11See 19 CFR 351.212(b)(2). 

12See 19 CFR 351.213(d)(3). 

May 24, 2021, we received timely case 

briefs and letters in lieu of case briefs 

from the following interested parties: (1) 

Jinko Solar Co., Ltd., Jinko Solar Import 

and Export Co., Ltd., Jinko Solar 

International Limited, Zhejiang Jinko 

Solar Co., Ltd., and Longi Solar 

Technology Co. Ltd. (f/k/a LERRI Solar 

Technology Co., Ltd.); 2 (2) the 

Government of China (GOC); 3 (4) Wuxi 

Tianran Photovoltaic Co., Ltd. 

(Tianran); 4 (5) Shanghai BYD Co., Ltd. 

and BYD (Shangluo) Industrial Co., Ltd. 

(collectively, BYD); 5 and (6) Shanghai 

JA Solar Technology Co., Ltd., JA Solar 

Technology Yangzhou Co., Ltd., and 

JingAo Solar Co., Ltd. (collectively, JA 

Solar).6 On June 1, 2021, we received a 

timely rebuttal brief from a domestic 

interested party, the American Alliance 

for Solar Manufacturing.7

Scope of the Order 

The products covered by the order are 

solar cells from China. A full 

description of the scope of the order is 

contained in the Issues and Decision 

Memorandum.8

Analysis of Comments Received 

All issues raised in the interested 

parties’ briefs are addressed in the 

Issues and Decision Memorandum. A 

list of the issues raised by interested 

parties and to which Commerce 

responded in the Issues and Decision 

Memorandum is provided in Appendix 

I 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 http://enforcement.trade.gov/ 

frn/. 

Changes Since the Preliminary Results 

Based on comments in the case and 

rebuttal briefs and record evidence, 

Commerce made certain changes from 

the Preliminary Results with regard to 

the calculation of Tianran’s program 

rates for the Provision of Electricity for 

Less than Adequate Remuneration 

(LTAR) program and the Provision of 

Solar Glass for LTAR program. As a 

result of these changes to Tianran’s 

program rates, the final AFA rate also 

changed. These changes are explained 

in the Issues and Decision 

Memorandum. 

Methodology 

Commerce conducted this 

administrative review in accordance 

with section 751(a)(1)(A) of the Tariff 

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

each subsidy program found to be 

countervailable, Commerce finds that 

there is a subsidy, i.e., a financial 

contribution from a government or 

public entity that gives rise to a benefit 

to the recipient, and that the subsidy is 

specific.9 For a full description of the 

methodology underlying all of 

Commerce’s conclusions, including any 

determination that relied upon the use 

of adverse facts available pursuant to 

section 776(a) and (b) of the Act, see the 

Issues and Decision Memorandum. 

Partial Rescission of Administrative 

Review 

It is Commerce’s practice to rescind 

an administrative review of a 

countervailing duty order, pursuant to 

19 CFR 351.213(d)(3), when there are no 

reviewable entries of subject 

merchandise during the POR for which 

liquidation is suspended.10 Normally, 

upon completion of an administrative 

review, the suspended entries are 

liquidated at the countervailing duty 

assessment rate calculated for the 

review period.11 Therefore, for an 

administrative review of a company to 

be conducted, there must be a 

reviewable, suspended entry that 

Commerce can instruct U.S. Customs 

and Border Protection (CBP) to liquidate 

at the calculated countervailing duty 

assessment rate calculated for the 

review period.12

We continue to find that fifteen 

companies had no shipments of the 

subject merchandise, and that twentyfive companies subject to this review 

did not have reviewable entries of 

subject merchandise for which 

liquidation is suspended. Because there 

is no evidence on the record to indicate 

that these companies had entries, 

exports, or sales of subject merchandise 

during the POR, we are rescinding this 

review with respect to these companies 

consistent with 19 CFR 351.213(d)(3). 

See Appendix III for a complete list of 

these companies. 

Companies Not Selected for Individual 

Review 

The statute and Commerce’s 

regulations do not address the 

establishment of a rate to be applied to 

companies not selected for examination 

when Commerce limits its examination 

in an administrative review pursuant to 

section 777A(c)(2) of the Act. Generally, 

Commerce looks to section 705(c)(5) of 

the Act, which provides instructions for 

determining the all-others rate in an 

investigation, for guidance when 

calculating the rate for companies 

which were not selected for individual 

examination in an administrative 

review. Under section 705(c)(5)(A) of 

the Act, the all-others rate is normally 

‘‘an amount equal to the weighted 

average of the countervailable subsidy 

rates established for exporters and 

producers individually investigated, 

excluding any zero or de minimis 

countervailable subsidy rates, and any 

rates determined entirely {on the basis 

of facts available}.’’ 

In these final results, the only rate 

that is not zero, de minimis, or based 

entirely on facts otherwise available is 

the rate calculated for Tianran. 

Consequently, as discussed above, the 

rate calculated for Tianran is also 

assigned as the rate for all other 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices 48395 

13For a more detailed discussion, see Preliminary 

Results PDM. 

14This rate applies to subject merchandise 

exported by Tianran and produced by companies 

other than Taichang. 

15Commerce preliminarily finds the following 

companies to be cross-owned with Taichang: China 

Machinery Engineering Wuxi Co., Ltd (CMEW); and 

China Machinery Engineering Corporation (CMEC). 

16See Appendix II of this notice for a list of all 

companies that remain under review but were not 

selected for individual examination, and to whom 

Commerce has assigned the non-selected company 

rate. 

17See 19 CFR 351.224(b). 

producers and exporters subject to this 

review but not selected for individual 

examination (i.e., non-selected 

companies). See Appendix II for a 

complete list of these companies. 

Final Results of Administrative Review 

In accordance with 19 CFR 

351.221(b)(5), Commerce calculated a 

countervailable subsidy rate for the 

mandatory company respondent 

Tianran. Further, pursuant to 19 CFR 

351.525(c), we cumulated the benefits 

from subsidies received by Tianran and 

DaSol Solar Energy Science & 

Technology Co., Ltd. (DaSol), an 

unaffiliated producer of subject 

merchandise exported by Tianran to the 

United States.13 We continue to (1) 

determine the countervailable subsidy 

rate for Solarchina based entirely on 

adverse facts available according to 

section 776 of the Act; (2) assign an 

individual estimated subsidy rate based 

on adverse facts available to Taichang, 

Tianran’s other unaffiliated supplier of 

subject merchandise, according to 

section 776 of the Act; (3) assign the rate 

calculated for Tianran to the nonselected companies. 

Commerce determines the net 

countervailable subsidy rates for the 

period January 1, 2018, through 

December 31, 2018, are as follows: 

Company 

Subsidy 

rate 

(percent 

ad 

valorem) 

Jiawei Solarchina Co., Ltd .......... 525.58 

Wuxi Tianran Photovoltaic Co., 

Ltd ........................................... 14 19.28 

Wuxi Taichang Electronics Co., 

Ltd 15 ....................................... 525.58 

Non-Selected Companies 16 ....... 19.28 

Disclosure 

Commerce will disclose to the parties 

in this proceeding the calculations 

performed for these final results within 

five days of the date of publication of 

this notice in the Federal Register.17

Assessment Rates 

Pursuant to section 751(a)(2)(C) of the 

Act and 19 CFR 351.212(b), Commerce 

shall determine, and CBP shall assess, 

countervailing duties on all appropriate 

entries of subject merchandise in 

accordance with the final results of this 

review. 

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 Instructions 

In accordance with section 751(a)(1) 

of the Act, Commerce intends to instruct 

CBP to collect cash deposits of 

estimated countervailing duties in the 

amounts shown for each of the 

respective companies listed above. For 

all non-reviewed firms, CBP will 

continue to collect cash deposits of 

estimated countervailing duties at the 

all-others rate or the most recent 

company-specific rate applicable to the 

company, as appropriate. These cash 

deposits, when imposed, shall remain in 

effect until further notice. 

Administrative Protective Order 

This notice also serves as a reminder 

to parties subject to administrative 

protective order (APO) of their 

responsibility concerning the 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). 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 

Commerce is issuing and publishing 

these results in accordance with 

sections 751(a)(1) and 777(i)(1) of the 

Act. 

Dated: August 23, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix I 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. List of Comments from Interested Parties 

IV. Scope of the Order 

V. Rescission of the Administrative Review, 

in Part 

VI. Rate for Non-Selected Companies Under 

Review 

VII. Use of Facts Available and Application 

of Adverse Inferences 

VIII. Changes Since the Preliminary Results 

IX. Subsidies Valuation Information 

X. Analysis of Programs 

XI. Analysis of Comments 

Comment 1: Whether Commerce Should 

Apply AFA to the Export Buyer’s Credit 

Program 

Comment 2: Whether Input Producers of 

Solar Glass and Aluminum Extrusions 

are Authorities 

Comment 3: Whether the Provision of 

Electricity for LTAR Program is 

Countervailable 

Comment 4: Whether ‘‘Other Subsidies’’ 

are Countervailable 

Comment 5: Whether Certain Benchmarks 

for Electricity Should Be Corrected 

Comment 6: Whether the Per-Kilogram 

Quantities Should be Used for DaSol’s 

Solar Glass for LTAR Calculations 

XII. Recommendation 

Appendix II 

Non-Selected Companies Under Review 

1. Anji DaSol Solar Energy Science & 

Technology Co., Ltd. 

2. Canadian Solar International Limited 

3. JA Solar Technology Yangzhou Co., Ltd. 

4. Jiawei Solarchina (Shenzhen) Co., Ltd. 

5. JingAo Solar Co., Ltd. 

6. Jinko Solar Co., Ltd. 

7. Jinko Solar Import and Export Co., Ltd. 

8. Ningbo Qixin Solar Electrical Appliance 

Co., Ltd. 

9. Risen Energy Co., Ltd. 

10. Shanghai BYD Co., Ltd. 

11. Shanghai JA Solar Technology Co., Ltd. 

12. Shenzhen Sungold Solar Co., Ltd. 

13. Shenzhen Topray Solar Co., Ltd. 

14. Taizhou BD Trade Co., Ltd. 

15. Wuxi Suntech Power Co., Ltd. 

16. Yingli Energy (China) Co., Ltd. 

Appendix III 

Rescind the Review, In Part 

No-Shipments: 

1. Chint Solar (Zhejiang) Co., Ltd. 

2. Changzhou Trina Solar Yabang Energy Co., 

Ltd. 

3. Hubei Trina Solar Energy Co., Ltd. 

4. Trina Solar Energy Co., Ltd., (formerly, 

Changzhou Trina Solar Energy Co., Ltd.) 

5. Trina Solar (Changzhou) Science and 

Technology Co., Ltd. 

6. Turpan Trina Solar Energy Co., Ltd. 

7. Yancheng Trina Solar Energy Technology 

Co., Ltd. 

8. Baoding Jiasheng Photovoltaic Technology 

Co., Ltd. 

9. Baoding Tianwei Yingli New Energy 

Resources Co., Ltd. 

10. Hainan Yingli New Energy Resources Co., 

Ltd. 

11. Hengshui Yingli New Energy Resources 

Co., Ltd. 

12. Lixian Yingli New Energy Resources Co., 

Ltd. 

13. Shenzhen Yingli New Energy Resources 


khammond on DSKJM1Z7X2PROD with NOTICES
48396 Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices 

1See Certain Softwood Lumber Products from 

Canada: Amended Final Affirmative Countervailing 

Duty Determination and Countervailing Duty Order, 

83 FR 347 (January 3, 2018) (CVD Order). 

2See Certain Softwood Lumber Products from 

Canada: Final Results of Countervailing Duty 

Expedited Review, 84 FR 32121 (July 5, 2019) (Final 

Results of Expedited Review), and accompanying 

Issues and Decision Memorandum (IDM). 

3See Final Results of Expedited Review IDM at 19 

(citing URAA, Pub. L. 103–465, 108 Stat. 4809 

(1994)). 

4 Id. at 18 (citing SAA H.R. Doc. 103–316, Vol. I 

at 870 (1994), reprinted at 1994 U.S.C.C.A.N. 4040, 

4199, at 941. Section 102(d) of the URAA states that 

the SAA ‘‘shall be regarded as an authoritative 

expression by the United States concerning the 

interpretation and application of the Uruguay 

Round Agreements and this Act in any judicial 

proceeding in which a question arises concerning 

such interpretation or application’’). 

5See Final Results of Expedited Review IDM at 19 

(citing section 103(a) of the URAA). 

Co., Ltd. 

14. Tianjin Yingli New Energy Resources Co., 

Ltd. 

15. Yingli Green Energy International 

Trading Company Limited 

No-Reviewable Entries: 

16. BYD (Shangluo) Industrial Co., Ltd. 

17. Canadian Solar Manufacturing 

(Changshu) Inc. 

18. Canadian Solar Manufacturing (Luoyang) 

Inc. 

19. De-Tech Trading Limited HK 

20. Dongguan Sunworth Solar Energy Co., 

Ltd. 

21. Eoplly New Energy Technology Co., Ltd. 

22. ERA Solar Co., Ltd. 

23. ET Solar Energy Limited 

24. Hangzhou Sunny Energy Science and 

Technology Co., Ltd. 

25. Hengdian Group DMEGC Magnetics Co., 

Ltd. 

26. Jiangsu High Hope Int’l Group 

27. Jinko Solar International Limited 

28. LERRI Solar Technology Co., Ltd. 

29. Light Way Green New Energy Co., Ltd. 

30. Luoyang Suntech Power Co., Ltd. 

31. Ningbo ETDZ Holdings, Ltd. 

32. Sumec Hardware & Tools Co., Ltd. 

33. Sunpreme Solar Technology (Jiaxing) Co., 

Ltd. 

34. Systemes Versilis, Inc. 

35. tenKsolar (Shanghai) Co., Ltd. 

36. Tianneng Yingli New Energy Resources 

Co., Ltd. 

37. Toenergy Technology Hangzhou Co., Ltd. 

38. Zhejiang ERA Solar Technology Co., Ltd. 

39. Zhejiang Jinko Solar Co., Ltd. 

40. Zhejiang Sunflower Light Energy Science 

& Technology Limited Liability 

Company 

[FR Doc. 2021–18598 Filed 8–27–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–122–858] 

Certain Softwood Lumber Products 

From Canada: Notice of Court Decision 

Not in Harmony With the Final Results 

of Countervailing Duty Expedited 

Review; Notice of Rescission of Final 

Results of Expedited Review; Notice of 

Amended Cash Deposit Rates 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On August 18, 2021, the U.S. 

Court of International Trade (CIT) 

issued its final judgment in Committee 

Overseeing Action for Lumber 

International Trade Investigations or 

Negotiations, et al. v. United States, et 

al., Consol. Court No. 19–00122, 

sustaining the Department of 

Commerce’s (Commerce) remand results 

pertaining to the expedited review of 

the countervailing duty (CVD) order on 

certain softwood lumber products 

(softwood lumber) from Canada 

covering the period January 1, 2015, 

through December 31, 2015. Commerce 

is notifying the public that the CIT’s 

final judgment is not in harmony with 

Commerce’s final results of the 

expedited review, and that Commerce is 

rescinding the final results; reinstating 

the CVD order for Les Produits 

Forestiers D&G Lte ́e (D&G), Marcel 

Lauzon Inc. (MLI), North American 

Forest Products Ltd. (NAFB) (located in 

New Brunswick), Roland Boulanger & 

Cie Lte ́e (Roland), and Scierie 

Alexandre Lemay & Fils Inc. (Lemay) 

(including their cross-owned affiliates); 

and reassigning the cash deposit rate for 

the companies covered by the Final 

Results of Expedited Review. 

DATES: Applicable August 28, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Kristen Johnson, 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) 482–4793. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 3, 2018, Commerce 

published the CVD order on softwood 

lumber from Canada.1 On July 5, 2019, 

Commerce published its Final Results of 

Expedited Review for the CVD Order.2

In the Final Results of Expedited 

Review, Commerce stated that it 

promulgated 19 CFR 351.214(k), its 

regulations for conducting CVD 

expedited reviews, pursuant to section 

103(a) of the Uruguay Round of 

Agreements Act (URAA), which made 

several amendments to the antidumping 

and CVD provisions of the Tariff Act of 

1930, as amended (the Act).3

Specifically, Commerce explained that 

Article 19.3 of the World Trade 

Organization Agreement on Subsidies 

and Countervailing Measures (SCM 

Agreement) expressly provides for 

expedited reviews of non-investigated 

exporters or producers in CVD 

proceedings and that the Statement of 

Administrative Action (SAA) states that 

‘‘Article 19.3 of the Subsidies 

Agreement provides that any exporter 

whose exports are subject to a CVD 

order, but which was not actually 

investigated for reasons other than a 

refusal to cooperate, shall be entitled to 

an expedited review to establish an 

individual CVD rate for that exporter.’’ 4

Although the URAA did not implement 

a specific provision for the conduct of 

CVD expedited reviews in the Act, 

Commerce concluded that it had the 

authority to promulgate the CVD 

expedited review regulations at 19 CFR 

351.214(k) pursuant to section 103(a) of 

the URAA, which provides that 

‘‘appropriate officers of the United 

States Government may issue such 

regulations, as may be necessary to 

ensure that any provision of this Act, or 

amendment made by this Act, . . . is 

appropriately implemented . . . .’’ 5


khammond on DSKJM1Z7X2PROD with NOTICES