[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Notices]
[Pages 50696-50698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20069]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-511 and 731-TA-1246-1247 (Final)]
Certain Crystalline Silicon Photovoltaic Products From China and
Taiwan; Scheduling of the Final Phase of Countervailing Duty and
Antidumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-511 and 731-TA-1246-1247 (Final) under sections 705(b) and
731(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)) (the
Act) to determine whether an industry in the United States is
materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of certain crystalline silicon
photovoltaic products from China and Taiwan that are being sold at less
than fair value and subsidized by the Government of China.\1\
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\1\ For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as ``crystalline
silicon photovoltaic cells, and modules, laminates and/or panels
consisting of crystalline silicon photovoltaic cells, whether or not
partially or fully assembled into other products, including building
integrated materials.
For purposes of these investigations, subject merchandise also
includes modules, laminates and/or panels assembled in the subject
country consisting of crystalline silicon photovoltaic cells that
are completed or partially manufactured within a customs territory
other than that subject country, using ingots that are manufactured
in the subject country, wafers that are manufactured in the subject
country, or cells where the manufacturing process begins in the
subject country and is completed in a non-subject country.
Subject merchandise includes 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.
Excluded from the scope of these investigations 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 these investigations are any
products covered by the existing antidumping and countervailing duty
orders on crystalline silicon photovoltaic cells, whether or not
assembled into modules, from the People's Republic of China.
Also excluded from the scope of these investigations are
crystalline silicon photovoltaic cells, not exceeding 10,000 mm\2\
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.
Merchandise covered by these investigations is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040,
8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030 and
8501.31.8000. These HTSUS subheadings are provided for convenience
and customs purposes; the written description of the scope of these
investigations is dispositive.''
See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People's Republic of China: Amended
Final Determination of Sales at Less Than Fair Value, and
Antidumping Duty Order, 77 FR 73018 (December 7, 2012); Crystalline
Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules,
From the People's Republic of China: Countervailing Duty Order, 77
FR 73017 (December 7, 2012).
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[[Page 50697]]
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A through E (19 CFR part 201), and part 207, subparts A and C
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(19 CFR part 207).
DATES: Effective Date: July 31, 2014.
FOR FURTHER INFORMATION CONTACT: Christopher J. Cassise (202-708-5408),
Office of Investigations, U.S. International Trade Commission, 500 E
Street SW., Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (http://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--The final phase of these investigations is being
scheduled as a result of affirmative preliminary determinations by the
Department of Commerce that certain benefits which constitute subsidies
within the meaning of section 703 of the Act (19 U.S.C. 1671b) are
being provided to manufacturers, producers, or exporters in China of
certain crystalline silicon photovoltaic products, and that such
products from China and Taiwan are being sold in the United States at
less than fair value within the meaning of section 733 of the Act (19
U.S.C. 1673b). The investigations were requested in a petition filed on
December 31, 2013, by SolarWorld America Industries, Inc., Hillsboro,
OR.
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
Sec. 1677(9), who are parties to the investigations. A party granted
access to BPI in the preliminary phase of the investigations need not
reapply for such access. A separate service list will be maintained by
the Secretary for those parties authorized to receive BPI under the
APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on November
20, 2014, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on December
8, 2014, at the U.S. International Trade Commission Building. Requests
to appear at the hearing should be filed in writing with the Secretary
to the Commission on or before December 1, 2014. A nonparty who has
testimony that may aid the Commission's deliberations may request
permission to present a short statement at the hearing. All parties and
nonparties desiring to appear at the hearing and make oral
presentations should attend a prehearing conference, if deemed
necessary, to be held at 9:30 a.m. on December 3, 2014, at the U.S.
International Trade Commission Building. Oral testimony and written
materials to be submitted at the public hearing are governed by
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules.
Parties must submit any request to present a portion of their hearing
testimony in camera no later than 7 business days prior to the date of
the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is December 1, 2014. Parties may also
file written testimony in connection with their presentation at the
hearing, as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is December 15, 2014. In addition, any person who has not
entered an appearance as a party to the investigations may submit a
written statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before December 15, 2014. On January 12, 2015, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before January 14, 2015, but such
final comments must not contain new factual information and must
otherwise comply with section 207.30 of the Commission's rules. All
written submissions must conform with the provisions of section 201.8
of the Commission's rules; any submissions that contain BPI must also
conform with the requirements of sections 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on E-Filing,
available on the Commission's Web site at http://edis.usitc.gov,
elaborates upon the Commission's rules with respect to electronic
filing.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules,
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each document filed by a party to the investigations must be served on
all other parties to the investigations (as identified by either the
public or BPI service list), and a certificate of service must be
timely filed. The Secretary will not accept a document for filing
without a certificate of service.
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.21 of the Commission's rules.
By order of the Commission.
Issued: August 19, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-20069 Filed 8-22-14; 8:45 am]
BILLING CODE 7020-02-P