52276 Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Notices 

Pressure Pipe from Japan and Romania, 

Investigation Nos. 731–TA–847 and 849 (Third 

Review). 

6A full description of the scope of the order is 

contained in the Memorandum, ‘‘Issues and 

Decision Memorandum for the Final Results of the 

Expedited Third Sunset Reviews of the 

Antidumping Duty Orders on Certain Large 

Diameter Carbon and Alloy Seamless Standard, 

Line and Pressure Pipe from Japan (A–588–850), 

Certain Small Diameter Carbon and Alloy Seamless 

Standard, Line and Pressure Pipe from Japan (A– 

588–851) and Romania (A–485–805),’’ dated 

December 15, 2016. 7 Id. 

1See Countervailing Duty Investigation of Certain 

Crystalline Silicon Photovoltaic Products from the 

People’s Republic of China: Final Affirmative 

Countervailing Duty Determination, 79 FR 76962 

(December 23, 2014) (Final Determination). 

2See Certain Crystalline Silicon Photovoltaic 

Products from the People’s Republic of China: 

Antidumping Duty Order; and Amended Final 

Affirmative Countervailing Duty Determination and 

Countervailing Duty Order, 80 FR 8592 (February 

18, 2015) (Amended Final Determination). 

3See Final Determination, and accompanying 

Issues and Decision Memorandum at Comment 15. 

4 Id. at Comment 17. 

5See Amended Final Determination, 80 FR at 

8593. 

Scope of the Orders 

Large Diameter Pipe From Japan 

The products covered by this order 

are large diameter seamless carbon and 

alloy (other than stainless) steel 

standard, line, and pressure pipes. The 

seamless pipes subject to this order are 

currently classifiable under the 

subheadings 7304.10.10.30, 

7304.10.10.45, 7304.10.10.60, 

7304.10.50.50, 7304.19.10.30, 

7304.19.10.45, 7304.19.10.60, 

7304.19.50.50, 7304.31.60.10, 

7304.31.60.50, 7304.39.00.04, 

7304.39.00.06, 7304.39.00.08, 

7304.39.00.36, 7304.39.00.40, 

7304.39.00.44, 7304.39.00.48, 

7304.39.00.52, 7304.39.00.56, 

7304.39.00.62, 7304.39.00.68, 

7304.39.00.72, 7304.51.50.15, 

7304.51.50.45, 7304.51.50.60, 

7304.59.20.30, 7304.59.20.55, 

7304.59.20.60, 7304.59.20.70, 

7304.59.60.00, 7304.59.80.30, 

7304.59.80.35, 7304.59.80.40, 

7304.59.80.45, 7304.59.80.50, 

7304.59.80.55, 7304.59.80.60, 

7304.59.80.65, and 7304.59.80.70 of the 

Harmonized Tariff Schedule of the 

United States (HTSUS). The HTSUS 

subheading is provided for convenience 

and customs purposes. The written 

product description remains 

dispositive.6

Small Diameter Pipe From Japan and 

Romania 

The products covered by these orders 

include small diameter seamless carbon 

and alloy (other than stainless) steel 

standard, line, and pressure pipes and 

redraw hollows. The seamless pipes 

subject to these orders are currently 

classifiable under the subheadings 

7304.10.10.20, 7304.10.50.20, 

7304.19.10.20, 7304.19.50.20, 

7304.31.30.00, 7304.31.60.50, 

7304.39.00.16, 7304.39.00.20, 

7304.39.00.24, 7304.39.00.28, 

7304.39.00.32, 7304.51.50.05, 

7304.51.50.60, 7304.59.60.00, 

7304.59.80.10, 7304.59.80.15, 

7304.59.80.20, and 7304.59.80.25 of the 

HTSUS. The HTSUS subheading is 

provided for convenience and customs 

purposes. The written product 

description remains dispositive.7

Continuation of the Orders 

As a result of these determinations by 

the Department and the USITC that 

revocation of the antidumping duty 

orders would be likely to lead to 

continuation or recurrence of dumping 

and material injury to an industry in the 

United States, pursuant to section 

751(d)(2) of the Act, the Department 

hereby orders the continuation of the 

antidumping orders on large diameter 

pipe from Japan and small diameter 

pipe from Japan and Romania. U.S. 

Customs and Border Protection will 

continue to collect antidumping duty 

cash deposits at the rates in effect at the 

time of entry for all imports of subject 

merchandise. The effective date of the 

continuation of these orders will be the 

date of publication in the Federal 

Register of this notice of continuation. 

Pursuant to section 751(c)(2) of the Act, 

the Department intends to initiate the 

next five-year review of the orders not 

later than 30 days prior to the fifth 

anniversary of the effective date of 

continuation. 

These five-year (sunset) reviews and 

this notice are in accordance with 

section 751(c) of the Act and published 

pursuant to section 777(i)(1) of the Act. 

Dated: November 6, 2017. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

Performing the Non-exclusive Functions and 

Duties of the Assistant Secretary for 

Enforcement and Compliance. 

[FR Doc. 2017–24515 Filed 11–9–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–011] 

Certain Crystalline Silicon Photovoltaic 

Products From the People’s Republic 

of China: Notice of Court Decision Not 

in Harmony With Amended Final 

Affirmative Countervailing Duty 

Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On September 8, 2017, the 

United States Court of International 

Trade (CIT) entered final judgment 

sustaining the Department of 

Commerce’s (the Department’s) final 

results of remand redetermination 

pertaining to the countervailing duty 

(CVD) investigation of certain 

crystalline silicon photovoltaic products 

(solar products) from the People’s 

Republic of China (PRC). The 

Department is notifying the public that 

the CIT’s final judgment in this case is 

not in harmony with the Department’s 

final determination, as amended, in the 

CVD investigation of solar products 

from the PRC. 

DATES: Applicable September 18, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Gene H. Calvert, 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) 482–3586. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 23, 2014, the 

Department published its final 

determination in the CVD investigation 

of solar products from the PRC.1 On 

February 18, 2015, the Department 

published an amended final 

determination and CVD order.2 In the 

Final Determination, the Department 

found that certain unreported assistance 

discovered during the investigation was 

countervailable using adverse facts 

available (AFA) pursuant to section 776 

of the Tariff Act of 1930, as amended 

(the Act).3 Additionally, the Department 

determined not to initiate investigations 

into the mandatory respondents’ 

creditworthinesss in certain years, 

finding that SolarWorld Americas, Inc.’s 

(SolarWorld) creditworthiness 

allegation failed to satisfy the threshold 

initiation requirements of 19 CFR 

351.505(a)(6)(i).4 In the Amended Final 

Determination, the Department found 

that it made a ministerial error in 

countervailing one of the unreported 

programs, and removed that program 

from the net countervailable subsidy 

rate calculated for Changzhou Trina 

Solar Energy Co., Ltd. (Trina Solar).5

Trina Solar and SolarWorld appealed 

the Amended Final Determination to the 

CIT, and on December 30, 2016, the CIT 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Notices 52277 

6See Changzhou Trina Solar Energy Co., Ltd. et 

al. v. United States, Consol. Court No. 15–00068; 

Slip Op. 16–121 (CIT December 30, 2016) (Remand 

Opinion and Order). 

7 Id. at 24–25. 

8 Id. at 26–28. 

9See Final Results of Redetermination Pursuant 

to Court Remand, Changzhou Trina Solar Energy 

Co., Ltd. et al. v. United States, Consol. Court No. 

15–00068; Slip Op. 161–121 (April 28, 2017) (Final 

Remand Results). 

10See Final Remand Results at 48. 

11See Changzhou Trina Solar Energy Co., Ltd. et 

al., v. United States, Consol. Court No. 15–00068; 

Slip Op. 17–122 (CIT September 8, 2017). 

12See Timken Co. v. United States, 893 F.2d 337, 

341 (Fed. Cir. 1990) (Timken). 

13See Diamond Sawblades Mfrs. Coalition v. 

United States, 626 F.3d. 1374 (Fed. Cir. 2010) 

Diamond Sawblades. 

14See Certain Crystalline Silicon Photovoltaic 

Products from the People’s Republic of China: Final 

Results of Countervailing Duty Administrative 

Review, and Partial Rescission of Countervailing 

Duty Administrative Review; 2014–2015, 82 FR 

42792 (September 12, 2017). 

sustained, in part, and remanded, in 

part, the Amended Final 

Determination.6 First, the CIT remanded 

the Amended Final Determination for 

the Department to make the necessary 

factual findings to support its 

determinations, based upon AFA, to 

countervail the unreported government 

subsidies discovered during the 

investigation.7 The CIT further held that 

should the Department continue to find 

those government subsidies 

countervailable on remand, the 

Department must then explain how it 

selected the AFA rates for those 

subsidies.8 Second, the CIT granted the 

Department’s request for a voluntary 

remand to reconsider its determination 

not to initiate creditworthiness 

investigations for Trina Solar and the 

other mandatory company respondent, 

Wuxi Suntech Power Co., Ltd. 

(Suntech). 

In accordance with the CIT’s remand 

order, the Department reconsidered 

these issues and submitted its Final 

Remand Results with the CIT on April 

28, 2017.9 In the Final Remand Results, 

the Department continued to 

countervail all but one of the unreported 

programs using AFA. The Department 

also revised its determination regarding 

whether to initiate creditworthiness 

investigations for Trina Solar and 

Suntech, in part, and ultimately found 

Trina Solar and Suntech to be 

uncreditworthy in certain years. As a 

result of these changes, on remand, the 

Department determined revised 

countervailable subsidy rates of 39.50 

percent for Trina Solar, 27.65 percent 

for Suntech, and 33.58 percent for all 

other producers/exporters of solar 

products from the PRC.10 On September 

8, 2017, the CIT sustained the 

Department’s Final Remand Results in 

full.11

Timken Notice 

In its decision in Timken,12 as 

clarified in Diamond Sawblades,13 the 

Court of Appeals for the Federal Circuit 

held that, pursuant to section 516A(e) of 

the Act, the Department must publish a 

notice of a court decision that is not ‘‘in 

harmony’’ with a Department 

determination and must suspend 

liquidation of entries pending a 

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

September 8, 2017, judgment sustaining 

the Final Remand Results constitutes a 

final decision of the CIT that is not in 

harmony with the Department’s 

Amended Final Determination. This 

notice is published in fulfillment of the 

publication requirement of Timken. 

Amended Final Determination 

As there is now a final court decision 

with respect to the Amended Final 

Determination, the Department amends 

its Amended Final Determination. The 

Department finds that the revised net 

countervailable subsidy rates exist: 

Company 

Subsidy 

rate (ad 

valorem) 

(%) 

Changzhou Trina Solar Energy 

Co., Ltd ................................... 33.50 

Wuxi Suntech Power Co., Ltd .... 27.65 

All Others .................................... 33.58 

Cash Deposit Requirements 

Because there has been a subsequent 

administrative review for Trina Solar, 

the cash deposit rate for Trina Solar will 

remain the rate established in the final 

results of the administrative review of 

solar products from the PRC covering 

the period June 10, 2014, through 

December 31, 2015, which is 13.93 

percent.14 As there have been no 

subsequent administrative reviews for 

Suntech, the Department will instruct 

U.S. Customs and Border Protection 

(CBP) to set the cash deposit rate for 

Suntech as listed above. 

Finally, the Department will instruct 

CBP that the all-others cash deposit rate 

is to be amended to reflect the simple 

average of the revised subsidy rates 

calculated for Trina Solar and for 

Suntech, as listed above. 

This notice is issued and published in 

accordance with sections 516(e), 

705(c)(1)(B), and 777(i)(1) of the Act. 

Dated: November 6, 2017. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

Performing the Non-exclusive Functions and 

Duties of the Assistant Secretary for 

Enforcement and Compliance. 

[FR Doc. 2017–24516 Filed 11–9–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

United States Travel and Tourism 

Advisory Board: Meeting of the United 

States Travel and Tourism Advisory 

Board 

AGENCY: International Trade 

Administration, U.S. Department of 

Commerce. 

ACTION: Notice of an open meeting. 

SUMMARY: The United States Travel and 

Tourism Advisory Board (Board or 

TTAB) will hold an open meeting via 

teleconference on Wednesday, 

November 29, 2017. The Board advises 

the Secretary of Commerce on matters 

relating to the U.S. travel and tourism 

industry. The purpose of the meeting is 

for Board members to consider 

recommendations being developed by 

the Hurricane Recovery subcommittee 

on how to accelerate recovery in 

destinations affected by the recent 

hurricanes. The final agenda will be 

posted on the Department of Commerce 

Web site for the Board at http://

trade.gov/ttab at least one week in 

advance of the meeting. 

DATES: Wednesday, November 29, 2017, 

4:00 p.m.–5:00 p.m. EST. The deadline 

for members of the public to register, 

including requests to make comments 

during the meeting and for auxiliary 

aids, or to submit written comments for 

dissemination prior to the meeting, is 

5:00 p.m. EST on Wednesday, 

November 22, 2017. 

ADDRESSES: The meeting will be held 

via conference call. The call-in number 

and passcode will be provided by email 

to registrants. Requests to register 

(including to speak or for auxiliary aids) 

and any written comments should be 

submitted to: National Travel and 

Tourism Office, U.S. Department of 

Commerce, 1401 Constitution Ave. NW., 

Room 10003, Washington, DC 20230 or 

by email to TTAB@trade.gov. Members 

of the public are encouraged to submit 

registration requests and written 

comments via email to ensure timely 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Brian Beall, the United States Travel 


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