Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Countervailing Duty Order, 73017-73018 [2012-29669]

Download as PDF Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Notices Dated: December 3, 2012. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3586, (202) 482–1396, or (202) 482– 0176, respectively. SUPPLEMENTARY INFORMATION: Appendix List of Topics Discussed in the Preliminary Decision Memorandum Targeted Dumping Allegations Application of the Average-to-Transaction Methodology Results of the Targeted Dumping Analysis Comparisons to Normal Value Product Comparisons Date of Sale Level of Trade/Constructed Export Price Offset Constructed Export Price Normal Value A. Selection of Comparison Market B. Affiliated Party Transactions and Arm’s Length Test C. Cost of Production 1. Calculation of Cost of Production 2. Test of Comparison Market Sales Prices 3. Results of the COP Test D. Constructed Value E. Calculation of Normal Value Based on Comparison Market Prices Currency Conversion [FR Doc. 2012–29635 Filed 12–6–12; 8:45 am] BILLING CODE 3510–DS–P 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 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 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 tkelley on DSK3SPTVN1PROD with AGENCY: 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). VerDate Mar<15>2010 18:05 Dec 06, 2012 Jkt 229001 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 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, buildingintegrated 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 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). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 73017 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. 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 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.’’ E:\FR\FM\07DEN1.SGM 07DEN1 73018 Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Notices 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: Company Subsidy rate Changzhou Trina Solar Energy Co., Ltd.; Trina Solar (Changzhou) Science and Technology Co., Ltd. (collectively, Trina Solar) Wuxi Suntech Power Co., Ltd.; Luoyang Suntech Power Co., 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 ............................................................................................................................................................... [FR Doc. 2012–29669 Filed 12–6–12; 8:45 am] antidumping duty order on crystalline silicon photovoltaic cells, whether or not assembled into modules (‘‘solar cells’’), from the People’s Republic of China (‘‘PRC’’). In addition, the Department is amending its final determination to correct certain ministerial errors. FOR FURTHER INFORMATION CONTACT: Jeffrey Pedersen, Krisha Hill, or Drew Jackson, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2769, (202) 482–4037, or (202) 482–4406, respectively. BILLING CODE 3510–DS–P SUPPLEMENTARY INFORMATION: 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. Background DEPARTMENT OF COMMERCE International Trade Administration [A–570–979] 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 Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: December 7, 2012. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the ‘‘Department’’) and the International Trade Commission (‘‘ITC’’), the Department is issuing an tkelley on DSK3SPTVN1PROD with AGENCY: VerDate Mar<15>2010 18:05 Dec 06, 2012 Jkt 229001 In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (‘‘Act’’), on October 17, 2012, the Department published the final determination of sales at less than fair value, and affirmative final determination of critical circumstances, in part, in the antidumping duty investigation of solar cells from the PRC.1 On November 30, 2012, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry.2 In addition, 1 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, and Affirmative Final Determination of Critical Circumstances, in Part, 77 FR 63791 (October 17, 2012) (‘‘Final Determination’’). 2 See Crystalline Silicon Photovoltaic Cells and Modules from China (Investigation Nos. 701–TA– PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 15.97 percent ad valorem. 14.78 percent ad valorem. 15.24 percent ad valorem. the ITC notified the Department of its final determination that critical circumstances do not exist with respect to imports of solar cells from the PRC that are subject to the Department’s affirmative critical circumstances finding.3 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, buildingintegrated panels, or other finished goods kits. Such parts that otherwise meet the definition of merchandise 481 and 731–TA–1190 (Final), USITC Publication 4360, November 2012). 3 See id. E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

[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\
---------------------------------------------------------------------------

    \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).

---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.''
---------------------------------------------------------------------------

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:

----------------------------------------------------------------------------------------------------------------
                          Company                                                Subsidy rate
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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

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