[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Notices]
[Pages 73017-73018]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29669]


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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: Countervailing Duty 
Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on an affirmative final determination by the U.S. 
International Trade Commission (ITC), the Department of Commerce (the 
Department) is issuing a countervailing duty order on crystalline 
silicon photovoltaic cells, whether or not assembled into modules 
(solar cells), from the People's Republic of China (PRC). On November 
30, 2012, the ITC notified the Department of its affirmative 
determination of material injury to a U.S. industry.\1\
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    \1\ See Crystalline Silicon Photovoltaic Cells and Modules from 
China, Investigation Nos. 701-TA-481 and 731-TA-1190 (Final), USITC 
Publication 4360 (November 2012).

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DATES: Effective Date: December 7, 2012.

FOR FURTHER INFORMATION CONTACT: Gene Calvert, Jun Jack Zhao, or Emily 
Halle, AD/CVD Operations, Office 6, Import Administration, U.S. 
Department of Commerce, Room 7866, 14th Street and Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-3586, (202) 482-1396, 
or (202) 482-0176, respectively.

SUPPLEMENTARY INFORMATION: 

Case History

    In accordance with section 705(d) of the Tariff Act of 1930, as 
amended (the Act), on October 17, 2012, the Department published its 
final determination in the countervailing duty investigation of solar 
cells from the PRC.\2\
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    \2\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, From the People's Republic of China: Final 
Affirmative Countervailing Duty Determination and Final Affirmative 
Critical Circumstances Determination, 77 FR 63788 (October 17, 
2012).
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Scope of the Order

    The merchandise covered by this order is crystalline silicon 
photovoltaic cells, and modules, laminates, and panels, consisting of 
crystalline silicon photovoltaic cells, whether or not partially or 
fully assembled into other products, including, but not limited to, 
modules, laminates, panels and building integrated materials.
    This order covers crystalline silicon photovoltaic cells of 
thickness equal to or greater than 20 micrometers, having a p/n 
junction formed by any means, whether or not the cell has undergone 
other processing, including, but not limited to, cleaning, etching, 
coating, and/or addition of materials (including, but not limited to, 
metallization and conductor patterns) to collect and forward the 
electricity that is generated by the cell.
    Merchandise under consideration may be described at the time of 
importation as parts for final finished products that are assembled 
after importation, including, but not limited to, modules, laminates, 
panels, building-integrated modules, building-integrated panels, or 
other finished goods kits. Such parts that otherwise meet the 
definition of merchandise under consideration are included in the scope 
of this order.
    Excluded from the scope of this order are thin film photovoltaic 
products produced from amorphous silicon (a-Si), cadmium telluride 
(CdTe), or copper indium gallium selenide (CIGS).
    Also excluded from the scope of this order are crystalline silicon 
photovoltaic cells, not exceeding 10,000mm2 in surface area, 
that are permanently integrated into a consumer good whose function is 
other than power generation and that consumes the electricity generated 
by the integrated crystalline silicon photovoltaic cell. Where more 
than one cell is permanently integrated into a consumer good, the 
surface area for purposes of this exclusion shall be the total combined 
surface area of all cells that are integrated into the consumer good.
    Modules, laminates, and panels produced in a third-country from 
cells produced in the PRC are covered by this order; however, modules, 
laminates, and panels produced in the PRC from cells produced in a 
third-country are not covered by this order.
    Merchandise covered by this order is currently classified in the 
Harmonized Tariff System of the United States (``HTSUS'') under 
subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 
8501.31.8000.\3\ These HTSUS subheadings are provided for convenience 
and customs purposes; the written description of the scope of this 
order is dispositive.
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    \3\ U.S. Customs and Border Protection (CBP) provided 
notification that HTSUS number 8501.31.8000 should be added to the 
scope of the order, as certain articles under this number might fall 
within the scope. See the May 16, 2012 Memorandum to The File, ``ACE 
Case Reference File Update.''
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Countervailing Duty Order

    On November 30, 2012, the ITC notified the Department of its final 
determination, pursuant to section 705(b)(1)(A)(i) of the Act, that an 
industry in the United States is materially injured as a result of 
subsidized imports from the PRC. The ITC also determined that critical 
circumstances do not exist with respect to subject imports from the 
PRC.
    As a result of the ITC's final determination, in accordance with 
section 706(a) of the Act, the Department will direct CBP to assess, 
upon further instruction by the Department, countervailing duties on 
unliquidated entries of solar cells from the PRC entered, or withdrawn 
from warehouse, for consumption on or after March 26, 2012, the date on 
which the Department published its preliminary countervailing duty 
determination in the Federal Register, and before July 24, 2012, the 
date on which the Department instructed CBP to discontinue the 
suspension of liquidation in accordance with section 703(d) of the Act. 
Section 703(d) of the Act states that the suspension of liquidation 
pursuant to a preliminary determination may not remain in effect for 
more than four months. Entries of solar cells from the PRC made on or 
after July 24, 2012, and prior to the date of publication of the ITC's 
final determination in the Federal Register are not liable for the 
assessment of countervailing duties, due

[[Page 73018]]

to the Department's discontinuation, effective July 24, 2012, of the 
suspension of liquidation.
    The ITC determined that critical circumstances do not exist with 
respect to subject imports from the PRC. Because of the ITC's negative 
determination of critical circumstances, the Department will direct CBP 
to refund all cash deposits collected on entries of solar cells from 
the PRC which were entered, or withdrawn from warehouse, for 
consumption on or after December 27, 2011, and before March 26, 2012. 
The interest provisions of section 778 of the Act do not apply.
    In accordance with section 706 of the Act, the Department will 
direct CBP to reinstitute the suspension of liquidation of solar cells 
from the PRC, effective the date of publication of the ITC's notice of 
final determination in the Federal Register, and to assess, upon 
further advice from the Department pursuant to section 706(a)(1) of the 
Act, countervailing duties for each entry of the subject merchandise in 
an amount based on the net countervailable subsidy rates for the 
subject merchandise. On or after the date of publication of the ITC's 
final injury determination in the Federal Register, CBP must require, 
at the same time as importers would normally deposit estimated duties 
on this merchandise, a cash deposit equal to the rates noted below:

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                          Company                                                Subsidy rate
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Changzhou Trina Solar Energy Co., Ltd.; Trina Solar          15.97 percent ad valorem.
 (Changzhou) Science and Technology Co., Ltd.
 (collectively, Trina Solar)
Wuxi Suntech Power Co., Ltd.; Luoyang Suntech Power Co.,     14.78 percent ad valorem.
 Ltd.; Suntech Power Co., Ltd.; Yangzhou Rietech Renewal
 Energy Co., Ltd.; Zhenjiang Huantai Silicon Science &
 Technology Co., Ltd.; Kuttler Automation Systems (Suzhou)
 Co., Ltd.; Shenzhen Suntech Power Co., Ltd.; Wuxi Sunshine
 Power Co., Ltd.; Wuxi University Science Park
 International Incubator Co., Ltd.; Yangzhou Suntech Power
 Co., Ltd.; and Zhenjiang Rietech New Energy Science &
 Technology Co., Ltd; (collectively, Wuxi Suntech)
All Others Rate............................................  15.24 percent ad valorem.
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    This notice constitutes the countervailing duty order with respect 
to solar cells from the PRC pursuant to section 706(a) of the Act. 
Interested parties may contact the Department's Central Records Unit, 
Room 7046 of the main Commerce building, for copies of an updated list 
of countervailing duty orders currently in effect.
    This countervailing duty order is issued and published in 
accordance with sections 705(c)(2) and 706 of the Act, and 19 CFR 
351.211.

    Dated: December 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-29669 Filed 12-6-12; 8:45 am]
BILLING CODE 3510-DS-P