7020-02
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1271]
Certain Silicon Photovoltaic Cells and Modules with Nanostructures, and Products
Containing the Same; Notice of Request for Submissions on the Public Interest
AGENCY: International Trade Commission.
ACTION: Notice.
SUMMARY: Notice is hereby given that on September 1, 2022, the presiding administrative
law judge (“ALJ”) issued an Initial Determination on Violation of the Tariff Act of 1930. The
ALJ also issued a Recommended Determination on remedy and bonding should a violation be
found in the above-captioned investigation. The Commission is soliciting submissions on public
interest issues raised by the recommended relief should the Commission find a violation. This
notice is soliciting comments from the public only.
FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C.
20436, telephone (202) 205-3427. Copies of non-confidential documents filed in connection
with this investigation may be viewed on the Commission’s electronic docket (EDIS) at
https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General
information concerning the Commission may also be obtained by accessing its Internet server at
https://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can
be obtained by contacting the Commission’s TDD terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930 provides that, if
the Commission finds a violation, it shall exclude the articles concerned from the United States:
unless, after considering the effect of such exclusion upon the
public health and welfare, competitive conditions in the United
States economy, the production of like or directly competitive

articles in the United States, and United States consumers, it finds
that such articles should not be excluded from entry.
19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist orders. 19 U.S.C.
1337(f)(1).
The Commission is soliciting submissions on public interest issues raised by the
recommended relief should the Commission find a violation, specifically, a limited exclusion
order and cease and desist orders. The recommended limited exclusion order is directed to
certain silicon photovoltaic cells and modules with nanostructures, and products containing the
same imported, sold for importation, and/or sold after importation by respondents 1) Canadian
Solar International Limited of Hong Kong, People’s Republic of China; 2) Canadian Solar
Manufacturing (Thailand) Co. Ltd. of Chon Buri, Kingdom of Thailand; 3) Canadian Solar
Manufacturing Vietnam Co. Ltd. of Hai Phong City, Socialist Republic of Vietnam; 4) Canadian
Solar (USA) Inc. of Walnut Creek, California; 5) Recurrent Energy SH Proco LLC of Walnut
Creek, California; 6) Hanwha Q Cells Malaysia Sdn. Bhd. of Selangor, Malaysia; 7) Hanwha
Solutions Corporation of Seoul, Republic of Korea; 8) Hanwha Q Cell EPC USA LLC of Irvine,
California; 9) Hanwha Q Cells America Inc. of Irvine, California; 10) Hanwha Q Cells USA Inc.
of Dalton, Georgia; 11) Boviet Solar Technology Co., Ltd., of Bac Giang Province, Socialist
Republic of Vietnam; 12) Ningbo Boway Alloy Material Co., Ltd., of Zhejiang Province,
People’s Republic of China; 13) Boviet Renewable Power LLC of San Jose, California; and
14) Boviet Solar USA Ltd. of San Jose, California. The recommended cease and desist orders
are directed to respondents 1) Canadian Solar International Limited; 2) Canadian Solar
Manufacturing (Thailand) Co. Ltd.; 3) Canadian Solar Manufacturing Vietnam Co. Ltd.;
4) Canadian Solar (USA) Inc.; and 5) Recurrent Energy SH Proco LLC. Parties are to file public
interest submissions pursuant to 19 CFR 210.50(a)(4).
The Commission is interested in further development of the record on the public interest
in this investigation. Accordingly, members of the public are invited to file submissions of no

more than five (5) pages, inclusive of attachments, concerning the public interest in light of the
ALJ’s Recommended Determination on Remedy and Bonding issued in this investigation on
September 1, 2022. Comments should address whether issuance of the recommended remedial
orders in this investigation, should the Commission find a violation, would affect the public
health and welfare in the United States, competitive conditions in the United States economy, the
production of like or directly competitive articles in the United States, or United States
consumers.
In particular, the Commission is interested in comments that:
(i)

explain how the articles potentially subject to the recommended remedial orders
are used in the United States;

(ii)

identify any public health, safety, or welfare concerns in the United States relating
to the recommended orders;

(iii)

identify like or directly competitive articles that complainant, its licensees, or
third parties make in the United States which could replace the subject articles if
they were to be excluded;

(iv)

indicate whether complainant, complainant's licensees, and/or third-party
suppliers have the capacity to replace the volume of articles potentially subject to
the recommended orders within a commercially reasonable time; and

(v)

explain how the recommended orders would impact consumers in the United
States.

Written submissions must be filed no later than by close of business on October 3, 2022.
Persons filing written submissions must file the original document electronically on or
before the deadlines stated above. The Commission’s paper filing requirements in 19 CFR
210.4(f) are currently waived. 85 FR 15798 (Mar. 19, 2020). Submissions should refer to the
investigation number (“Inv. No. 337-TA-1271”) in a prominent place on the cover page and/or
the first page. (See Handbook for Electronic Filing Procedures,

https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.). Persons with questions
regarding filing should contact the Secretary (202-205-2000).
Any person desiring to submit a document to the Commission in confidence must request
confidential treatment by marking each document with a header indicating that the document
contains confidential information. This marking will be deemed to satisfy the request procedure
set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) & 210.5(e)(2)). Documents for
which confidential treatment by the Commission is properly sought will be treated accordingly.
Any non-party wishing to submit comments containing confidential information must serve
those comments on the parties to the investigation pursuant to the applicable Administrative
Protective Order. A redacted non-confidential version of the document must also be filed
simultaneously with any confidential filing and must be served in accordance with Commission
Rule 210.4(f)(7)(ii)(A) (19 CFR 210.4(f)(7)(ii)(A)). All information, including confidential
business information and documents for which confidential treatment is properly sought,
submitted to the Commission for purposes of this investigation may be disclosed to and
used: (i) by the Commission, its employees and Offices, and contract personnel (a) for
developing or maintaining the records of this or a related proceeding, or (b) in internal
investigations, audits, reviews, and evaluations relating to the programs, personnel, and
operations of the Commission including under 5 U.S.C. appendix 3; or (ii) by U.S. government
employees and contract personnel, solely for cybersecurity purposes. All contract personnel will
sign appropriate nondisclosure agreements. All nonconfidential written submissions will be
available for public inspection on EDIS.
This action is taken under the authority of section 337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in Part 210 of the Commission’s Rules of Practice and Procedure
(19 CFR part 210).
By order of the Commission.
Issued: September 6, 2022.

Katherine Hiner,
Acting Secretary to the Commission.

[FR Doc. 2022-19547 Filed: 9/9/2022 8:45 am; Publication Date: 9/12/2022]