[Federal Register Volume 82, Number 217 (Monday, November 13, 2017)]
[Notices]
[Pages 52276-52277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24516]


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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\
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    \1\ See 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).
    \2\ See 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).
    \3\ See Final Determination, and accompanying Issues and 
Decision Memorandum at Comment 15.
    \4\ Id. at Comment 17.
    \5\ See Amended Final Determination, 80 FR at 8593.
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    Trina Solar and SolarWorld appealed the Amended Final Determination 
to the CIT, and on December 30, 2016, the CIT

[[Page 52277]]

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).
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    \6\ See 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.
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    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\
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    \9\ See 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).
    \10\ See Final Remand Results at 48.
    \11\ See Changzhou Trina Solar Energy Co., Ltd. et al., v. 
United States, Consol. Court No. 15-00068; Slip Op. 17-122 (CIT 
September 8, 2017).
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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.
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    \12\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \13\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d. 1374 (Fed. Cir. 2010) Diamond Sawblades.
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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:

------------------------------------------------------------------------
                                                                Subsidy
                                                               rate (ad
                           Company                             valorem)
                                                                  (%)
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Changzhou Trina Solar Energy Co., Ltd.......................       33.50
Wuxi Suntech Power Co., Ltd.................................       27.65
All Others..................................................       33.58
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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.
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    \14\ See 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).
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    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