73018 Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Notices to the Department’s discontinuation, December 27, 2011, and before March the subject merchandise in an amount effective July 24, 2012, of the 26, 2012. The interest provisions of based on the net countervailable suspension of liquidation. section 778 of the Act do not apply. subsidy rates for the subject The ITC determined that critical In accordance with section 706 of the merchandise. On or after the date of circumstances do not exist with respect Act, the Department will direct CBP to publication of the ITC’s final injury to subject imports from the PRC. reinstitute the suspension of liquidation determination in the Federal Register, Because of the ITC’s negative of solar cells from the PRC, effective the CBP must require, at the same time as determination of critical circumstances, date of publication of the ITC’s notice of importers would normally deposit the Department will direct CBP to final determination in the Federal estimated duties on this merchandise, a refund all cash deposits collected on Register, and to assess, upon further cash deposit equal to the rates noted entries of solar cells from the PRC advice from the Department pursuant to below: which were entered, or withdrawn from section 706(a)(1) of the Act, warehouse, for consumption on or after countervailing duties for each entry of Company Subsidy rate Changzhou Trina Solar Energy Co., Ltd.; Trina Solar (Changzhou) Science and Technology Co., Ltd. (collectively, 15.97 percent ad valorem. Trina Solar) Wuxi Suntech Power Co., Ltd.; Luoyang Suntech Power Co., Ltd.; Suntech Power Co., Ltd.; Yangzhou Rietech 14.78 percent ad valorem. Renewal Energy Co., Ltd.; Zhenjiang Huantai Silicon Science & Technology Co., Ltd.; Kuttler Automation Sys- tems (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. This notice constitutes the antidumping duty order on crystalline the ITC notified the Department of its countervailing duty order with respect silicon photovoltaic cells, whether or final determination that critical to solar cells from the PRC pursuant to not assembled into modules (‘‘solar circumstances do not exist with respect section 706(a) of the Act. Interested cells’’), from the People’s Republic of to imports of solar cells from the PRC parties may contact the Department’s China (‘‘PRC’’). In addition, the that are subject to the Department’s Central Records Unit, Room 7046 of the Department is amending its final affirmative critical circumstances main Commerce building, for copies of determination to correct certain finding.3 an updated list of countervailing duty ministerial errors. Scope of the Order orders currently in effect. FOR FURTHER INFORMATION CONTACT: The merchandise covered by this This countervailing duty order is Jeffrey Pedersen, Krisha Hill, or Drew order is crystalline silicon photovoltaic issued and published in accordance Jackson, AD/CVD Operations, Office 4, cells, and modules, laminates, and with sections 705(c)(2) and 706 of the Import Administration, International Act, and 19 CFR 351.211. panels, consisting of crystalline silicon Trade Administration, U.S. Department photovoltaic cells, whether or not Dated: December 3, 2012. of Commerce, 14th Street and partially or fully assembled into other Ronald K. Lorentzen, Constitution Avenue NW., Washington, products, including, but not limited to, Acting Assistant Secretary for Import DC 20230; telephone: (202) 482–2769, modules, laminates, panels and building Administration. (202) 482–4037, or (202) 482–4406, integrated materials. [FR Doc. 2012–29669 Filed 12–6–12; 8:45 am] respectively. This order covers crystalline silicon BILLING CODE 3510–DS–P SUPPLEMENTARY INFORMATION: photovoltaic cells of thickness equal to or greater than 20 micrometers, having Background a p/n junction formed by any means, DEPARTMENT OF COMMERCE In accordance with sections 735(d) whether or not the cell has undergone other processing, including, but not International Trade Administration and 777(i)(1) of the Tariff Act of 1930, as amended (‘‘Act’’), on October 17, limited to, cleaning, etching, coating, [A–570–979] 2012, the Department published the and/or addition of materials (including, final determination of sales at less than but not limited to, metallization and Crystalline Silicon Photovoltaic Cells, fair value, and affirmative final conductor patterns) to collect and Whether or Not Assembled Into determination of critical circumstances, forward the electricity that is generated Modules, From the People’s Republic in part, in the antidumping duty by the cell. of China: Amended Final investigation of solar cells from the Merchandise under consideration Determination of Sales at Less Than PRC.1 On November 30, 2012, the ITC may be described at the time of Fair Value, and Antidumping Duty notified the Department of its importation as parts for final finished Order affirmative determination of material products that are assembled after 2 importation, including, but not limited AGENCY: Import Administration, injury to a U.S. industry. In addition, International Trade Administration, to, modules, laminates, panels, Department of Commerce. 1 See Crystalline Silicon Photovoltaic Cells, building-integrated modules, building- Whether or Not Assembled into Modules, from the integrated panels, or other finished DATES: Effective Date: December 7, 2012. People’s Republic of China: Final Determination of goods kits. Such parts that otherwise SUMMARY: Based on affirmative final Sales at Less Than Fair Value, and Affirmative meet the definition of merchandise determinations by the Department of Final Determination of Critical Circumstances, in Part, 77 FR 63791 (October 17, 2012) (‘‘Final Commerce (the ‘‘Department’’) and the Determination’’). 481 and 731–TA–1190 (Final), USITC Publication International Trade Commission 2 See Crystalline Silicon Photovoltaic Cells and 4360, November 2012). (‘‘ITC’’), the Department is issuing an Modules from China (Investigation Nos. 701–TA– 3 See id. VerDate Mar<15>2010 18:05 Dec 06, 2012 Jkt 229001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\07DEN1.SGM 07DEN1 tkelley on DSK3SPTVN1PROD with Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Notices 73019 under consideration are included in the 735(e) of the Act and 19 CFR 351.224(e), merchandise, for all relevant entries of scope of this order. that we made the following ministerial solar cells from the PRC. These Excluded from the scope of this order errors in our calculations for the Final antidumping duties will be assessed on are thin film photovoltaic products Determination with respect to Wuxi unliquidated entries from the PRC produced from amorphous silicon (a-Si), Suntech: entered, or withdrawn from warehouse, cadmium telluride (CdTe), or copper • In calculating net U.S. price, we for consumption on or after May 25, indium gallium selenide (CIGS). incorrectly overstated the amount of 2012, the date on which the Department Also excluded from the scope of this certain advertising expenses that we published its Preliminary order are crystalline silicon photovoltaic deducted from gross price. Determination,9 but will not include cells, not exceeding 10,000mm 2 in • In calculating the weighted average entries occurring after the expiration of surface area, that are permanently unit value of reported silicon wafers, we the provisional measures period and integrated into a consumer good whose incorrectly overstated the quantity of before publication of the ITC’s final function is other than power generation silicon wafers purchased from non- injury determination as further and that consumes the electricity market economy suppliers. described below. generated by the integrated crystalline In addition to correcting the ministerial errors described above, we Continuation of Suspension of silicon photovoltaic cell. Where more Liquidation than one cell is permanently integrated corrected an error regarding the into a consumer good, the surface area valuation of Wuxi Suntech’s installation In accordance with section 6 for purposes of this exclusion shall be manuals. 735(c)(1)(B) of the Act, we will instruct the total combined surface area of all In the Final Determination, we CBP to continue to suspend liquidation cells that are integrated into the determined that a number of companies, on entries of subject merchandise from consumer good. in addition to the mandatory the PRC. We will also instruct CBP to respondents, qualified for a separate require cash deposits equal to the Modules, laminates, and panels 7 produced in a third-country from cells rate. Since the cash deposit rate for the estimated amount by which the normal produced in the PRC are covered by this separate rate respondents is based on value exceeds the U.S. price as order; however, modules, laminates, the average of the margins for the indicated in the chart below. These cash and panels produced in the PRC from mandatory respondents, and the margin deposit rates will be adjusted, where for Wuxi Suntech changed as a result of cells produced in a third-country