Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, 33174-33176 [2014-13510]

Download as PDF 33174 Federal Register / Vol. 79, No. 111 / Tuesday, June 10, 2014 / Notices warranted at this time. The production activity described in the notification is authorized, subject to the FTZ Act and the FTZ Board’s regulations, including Section 400.14, and further subject to a restriction requiring that Firth Rixson Forgings LLC, admit all foreign status titanium products to FTZ 104 in privileged foreign status (19 CFR 146.41). Dated: June 4, 2014. Andrew McGilvray, Executive Secretary. [FR Doc. 2014–13509 Filed 6–9–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–924] Polyethylene Terephthalate Film, Sheet, and Strip From the People’s Republic of China: Rescission of Antidumping Duty New Shipper Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from Now Plastics, Inc. (‘‘Now Plastics’’) and its affiliate Huangshi Yucheng Trade Co., Ltd. (‘‘Huangshi Yucheng’’) (collectively ‘‘Requestor’’), the Department of Commerce (‘‘the Department’’) initiated a new shipper review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip from the People’s Republic of China (‘‘PRC’’) covering the period November 1, 2012 through March 31, 2013.1 On February 4, 2014, Requestor timely withdrew its request for a new shipper review. Accordingly, the Department is rescinding the new shipper review with respect to Requestor.2 DATES: June 10, 2014. FOR FURTHER INFORMATION CONTACT: Howard Smith or Jonathan Hill, AD/ CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–5193 or (202) 482– 3518, respectively. emcdonald on DSK67QTVN1PROD with NOTICES AGENCY: 1 See Polyethylene Terephthalate Film, Sheet, and Strip From the People’s Republic of China: Initiation of Antidumping Duty New Shipper Review, 78 FR 79400 (December 30, 2013). 2 See Letter from Requestor to the Secretary of Commerce ‘‘Polyethylene Terephthalate (PET) Film from the People’s Republic of China; A–570–924; Withdrawal of Request for New Shipper Review of Exports by Huangshi Yucheng Trade Co.,’’ dated February 4, 2014. VerDate Mar<15>2010 18:38 Jun 09, 2014 Jkt 232001 SUPPLEMENTARY INFORMATION: Rescission of New Shipper Review On December 30, 2013, the Department initiated a new shipper review of Requestor, and on February 4, 2014, Requestor withdrew its new shipper review request. 19 CFR 351.214(f)(1) provides that, the Department may rescind a new shipper review if the party that requested the review withdraws its request for review within 60 days of the date of publication of the notice of initiation of the requested review. Given that Requestor timely withdrew its request for a new shipper review, the Department is rescinding the new shipper review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip from the PRC with respect to Requestor. Consequently, Requestor will remain part of the PRC-wide entity. Assessment Requestor remains under review in the ongoing administrative review covering the 2012–2013 period of review (POR) as part of the PRC-wide entity.3 Therefore, the Department will not order liquidation of entries for Requestor. The Department intends to issue liquidation instructions for the PRC-wide entity, which will cover any entries by Requestor, 15 days after publication of the final results of the ongoing administrative review covering the 2012–2013 POR. Cash Deposit The Department will notify U.S. Customs and Border Protection (‘‘CBP’’) that bonding is no longer permitted to fulfill security requirements for subject merchandise produced and exported by Requestor that is entered, or withdrawn from warehouse, for consumption in the United States on or after the publication of this rescission notice in the Federal Register. The Department will notify CBP that a cash deposit of 76.72 percent should be collected for all shipments of subject merchandise by Requestor entered, or withdrawn from warehouse, for consumption in the United States on or after the publication of this rescission notice. Notifications to Interested Parties This notice serves as a reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 78 FR 79392 (December 30, 2013). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing this rescission and notice in accordance with sections 751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214(f)(3). Dated: June 2, 2013. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2014–13512 Filed 6–9–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–011] Certain Crystalline Silicon Photovoltaic Products From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain crystalline silicon photovoltaic products (certain solar products) from the People’s Republic of China (PRC). The period of investigation is January 1, 2012, through December 31, 2012. The final determination will be issued 75 days after the date of this preliminary determination unless otherwise extended. Interested parties are invited to comment on this preliminary determination. DATES: Effective Date: June 10, 2014. FOR FURTHER INFORMATION CONTACT: Gene Calvert or Justin Neuman, Office VII, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; AGENCY: E:\FR\FM\10JNN1.SGM 10JNN1 Federal Register / Vol. 79, No. 111 / Tuesday, June 10, 2014 / Notices telephone: (202) 482–3586 and (202) 482–0486, respectively. SUPPLEMENTARY INFORMATION: Scope of the Investigation emcdonald on DSK67QTVN1PROD with NOTICES The merchandise covered by this investigation is 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 this investigation, 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 this investigation 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 investigation 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.1 Also excluded from the scope of this investigation are crystalline silicon photovoltaic cells, not exceeding 10,000 mm2 in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the 1 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). VerDate Mar<15>2010 16:55 Jun 09, 2014 Jkt 232001 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 this investigation 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 this investigation is dispositive. Methodology The Department is conducting this countervailing duty investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For a full description of the methodology underlying our preliminary conclusions, including our reliance, in part, on adverse facts available, see the Preliminary Decision Memorandum.2 The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at https:// iaaccess.trade.gov, and is available to all parties in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at https:// enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Determination and Suspension of Liquidation In accordance with section 703(d)(1)(A)(i) of the Act, we determine 2 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance regarding ‘‘Decision Memorandum for the Preliminary Determination in the Countervailing Duty Investigation of Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China,’’ dated concurrently with this notice (Preliminary Decision Memorandum). A list of topics discussed in the Preliminary Decision Memorandum can be found as an appendix to this notice. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 33175 separate subsidy rates for the individually-investigated producers/ exporters of the subject merchandise, Wuxi Suntech Power Co., Ltd. and its cross-owned companies and Changzhou Trina Solar Energy Co., Ltd. and its cross-owned company.3 We also calculated an all-others rate. In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for companies not individually investigated, we apply an ‘‘all-others’’ rate, which is normally calculated by weighting the subsidy rates of the individual companies selected as mandatory respondents by those companies’ exports of the subject merchandise to the United States. Under section 705(c)(5)(A)(i) of the Act, the allothers rate should exclude zero and de minimis rates calculated for the exporters and producers individually investigated as well as rates based entirely on facts otherwise available. Where the rates for the investigated companies are all zero or de minimis, or based entirely on facts otherwise available, section 705(c)(5)(A)(ii) of the Act instructs the Department to establish an all-others rate using ‘‘any reasonable method.’’ Notwithstanding the language of section 705(c)(5)(A)(i) of the Act, we have not calculated the ‘‘allothers’’ rate by weight averaging the rates of the two individually investigated respondents, because doing so risks disclosure of proprietary information. Therefore, and consistent with the Department’s practice where such risk exists, for the ‘‘all-others’’ rate, we calculated a simple average of the two responding firms’ rates.4 The overall preliminary subsidy rates are summarized in the table below: Company Wuxi Suntech Power Co., Ltd. ..... Changzhou Trina Solar Energy Co., Ltd. .................................... All Others ...................................... Subsidy rate (%) 35.21 18.56 26.89 In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we are directing U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of certain solar products from the PRC that are entered, or withdrawn from warehouse, for consumption on or after the date of the publication of this notice in the Federal Register, and to require a cash deposit 3 For a full list of the examined cross-owned companies, see the Preliminary Decision Memorandum. 4 See, e.g., Hardwood and Decorative Plywood from the People’s Republic of China: Final Affirmative Countervailing Duty Determination; 2011, 78 FR 58283 (September 23, 2013). E:\FR\FM\10JNN1.SGM 10JNN1 33176 Federal Register / Vol. 79, No. 111 / Tuesday, June 10, 2014 / Notices for such entries of merchandise in the amounts indicated above. Verification As provided in section 782(i)(1) of the Act, we intend to verify the information submitted by the respondents prior to making our final determination. [FR Doc. 2014–13510 Filed 6–9–14; 8:45 am] Disclosure and Public Comment The Department intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of its public announcement.5 Interested parties may submit case and rebuttal briefs, as well as request a hearing.6 For a schedule of the deadlines for filing case briefs, rebuttal briefs, and hearing requests, see the Preliminary Decision Memorandum. International Trade Commission Notification In accordance with section 703(f) of the Act, we will notify the International Trade Commission (ITC) of our determination. In addition, we are making available to the ITC all nonprivileged and non-proprietary information relating to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order, without the written consent of the Assistant Secretary for Enforcement and Compliance. In accordance with section 705(b)(2) of the Act, if our final determination is affirmative, the ITC will make its final determination within 45 days after the Department makes its final determination. This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). Dated: June 2, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. emcdonald on DSK67QTVN1PROD with NOTICES Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope Comments IV. Scope of the Investigation V. Respondent Selection VI. Injury Test VII. Application of the Countervailing Duty Law to Imports From the PRC 5 See 6 See 19 CFR 351.224(b). 19 CFR 351.309(c)–(d), 19 CFR 351.310(c). VerDate Mar<15>2010 16:55 Jun 09, 2014 Jkt 232001 VIII. Subsidies Valuation IX. Benchmarks and Discount Rates X. Use of Facts Otherwise Available and Adverse Inferences XI. Analysis of Programs XII. ITC Notification XIII. Disclosure and Public Comment XIV. Verification XV. Conclusion BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Telecommunications and Information Administration Commerce Spectrum Management Advisory Committee Meeting National Telecommunications and Information Administration, U.S. Department of Commerce. ACTION: Notice of open meeting. AGENCY: This notice announces a public meeting of the Commerce Spectrum Management Advisory Committee (Committee). The Committee provides advice to the Assistant Secretary of Commerce for Communications and Information and the National Telecommunications and Information Administration (NTIA) on spectrum management policy matters. DATES: The meeting will be held on July 10, 2014, from 1 p.m. to 4 p.m., Eastern Daylight Time. ADDRESSES: The meeting will be held at the Wiley Rein Conference Center, 1776 K Street, NW., Washington, DC 20006. Public comments may be mailed to Commerce Spectrum Management Advisory Committee, National Telecommunications and Information Administration, 1401 Constitution Avenue NW., Room 4099, Washington, DC 20230 or emailed to BWashington@ ntia.doc.gov. FOR FURTHER INFORMATION CONTACT: Bruce M. Washington, Designated Federal Officer, at (202) 482–6415 or BWashington@ntia.doc.gov; and/or visit NTIA’s Web site at https:// www.ntia.doc.gov/category/csmac. SUPPLEMENTARY INFORMATION: Background: The Committee provides advice to the Assistant Secretary of Commerce for Communications and Information on needed reforms to domestic spectrum policies and management in order to: license radio frequencies in a way that maximizes their public benefits; keep wireless networks as open to innovation as possible; and make wireless services available to all Americans. See Charter at https://www.ntia.doc.gov/otherpublication/2013/csmac-2013-charter. SUMMARY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 This Committee is subject to the Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2, and is consistent with the National Telecommunications and Information Administration Act, 47 U.S.C. 904(b). The Committee functions solely as an advisory body in compliance with the FACA. For more information about the Committee visit: https://www.ntia.doc.gov/category/ csmac. Matters to Be Considered: The Committee will receive reports on the progress of the following subcommittees established to help NTIA develop new or revised strategies for responding more efficiently and effectively to fundamental technological, operational, and other trends to continue advancement of delivering spectrum products, services, and solutions that will support the ever-increasing demand for spectrum: 1. Enforcement 2. Transitional Sharing 3. General Occupancy Measurements and Quantification of Federal Spectrum Use 4. Spectrum Management via Databases 5. Federal Access to Non-federal Bands 6. Spectrum Sharing Cost Recovery Alternatives NTIA will post a detailed agenda on its Web site, https://www.ntia.doc.gov/ category/csmac, prior to the meeting. To the extent that the meeting time and agenda permit, any member of the public may speak to or otherwise address the Committee regarding the agenda items. See Open Meeting and Public Participation Policy, available at https://www.ntia.doc.gov/category/ csmac. Time and Date: The meeting will be held on July 10, 2014, from 1 p.m. to 4 p.m., Eastern Daylight Time. The times and the agenda topics are subject to change. The meeting will be available via two-way audio link and may be webcast. Please refer to NTIA’s Web site, https://www.ntia.doc.gov/category/ csmac, for the most up-to-date meeting agenda and access information. Place: The meeting will be held at the Wiley Rein Conference Center, 1776 K Street NW., Washington, DC 20006. The meeting will be open to the public and press on a first-come, first-served basis. Space is limited. The public meeting is physically accessible to people with disabilities. Individuals requiring accommodations, such as sign language interpretation or other ancillary aids, are asked to notify Mr. Washington at (202) 482–6415 or BWashington@ntia.doc.gov at least ten (10) business days before the meeting. Status: Interested parties are invited to attend and to submit written E:\FR\FM\10JNN1.SGM 10JNN1

Agencies

[Federal Register Volume 79, Number 111 (Tuesday, June 10, 2014)]
[Notices]
[Pages 33174-33176]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13510]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-011]


Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China: Preliminary Affirmative Countervailing Duty 
Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of certain crystalline silicon photovoltaic 
products (certain solar products) from the People's Republic of China 
(PRC). The period of investigation is January 1, 2012, through December 
31, 2012. The final determination will be issued 75 days after the date 
of this preliminary determination unless otherwise extended. Interested 
parties are invited to comment on this preliminary determination.

DATES:  Effective Date: June 10, 2014.

FOR FURTHER INFORMATION CONTACT: Gene Calvert or Justin Neuman, Office 
VII, AD/CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230;

[[Page 33175]]

telephone: (202) 482-3586 and (202) 482-0486, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Investigation

    The merchandise covered by this investigation is 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 this investigation, 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 this investigation 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 investigation 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.\1\
---------------------------------------------------------------------------

    \1\ 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).
---------------------------------------------------------------------------

    Also excluded from the scope of this investigation 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 this investigation 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 this investigation is dispositive.

Methodology

    The Department is conducting this countervailing duty investigation 
in accordance with section 701 of the Tariff Act of 1930, as amended 
(the Act). For a full description of the methodology underlying our 
preliminary conclusions, including our reliance, in part, on adverse 
facts available, see the Preliminary Decision Memorandum.\2\ The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
IA ACCESS is available to registered users at https://iaaccess.trade.gov, and is available to all parties in the Central 
Records Unit, room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance 
regarding ``Decision Memorandum for the Preliminary Determination in 
the Countervailing Duty Investigation of Certain Crystalline Silicon 
Photovoltaic Products from the People's Republic of China,'' dated 
concurrently with this notice (Preliminary Decision Memorandum). A 
list of topics discussed in the Preliminary Decision Memorandum can 
be found as an appendix to this notice.
---------------------------------------------------------------------------

Preliminary Determination and Suspension of Liquidation

    In accordance with section 703(d)(1)(A)(i) of the Act, we determine 
separate subsidy rates for the individually-investigated producers/
exporters of the subject merchandise, Wuxi Suntech Power Co., Ltd. and 
its cross-owned companies and Changzhou Trina Solar Energy Co., Ltd. 
and its cross-owned company.\3\ We also calculated an all-others rate. 
In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for 
companies not individually investigated, we apply an ``all-others'' 
rate, which is normally calculated by weighting the subsidy rates of 
the individual companies selected as mandatory respondents by those 
companies' exports of the subject merchandise to the United States. 
Under section 705(c)(5)(A)(i) of the Act, the all-others rate should 
exclude zero and de minimis rates calculated for the exporters and 
producers individually investigated as well as rates based entirely on 
facts otherwise available. Where the rates for the investigated 
companies are all zero or de minimis, or based entirely on facts 
otherwise available, section 705(c)(5)(A)(ii) of the Act instructs the 
Department to establish an all-others rate using ``any reasonable 
method.'' Notwithstanding the language of section 705(c)(5)(A)(i) of 
the Act, we have not calculated the ``all-others'' rate by weight 
averaging the rates of the two individually investigated respondents, 
because doing so risks disclosure of proprietary information. 
Therefore, and consistent with the Department's practice where such 
risk exists, for the ``all-others'' rate, we calculated a simple 
average of the two responding firms' rates.\4\ The overall preliminary 
subsidy rates are summarized in the table below:
---------------------------------------------------------------------------

    \3\ For a full list of the examined cross-owned companies, see 
the Preliminary Decision Memorandum.
    \4\ See, e.g., Hardwood and Decorative Plywood from the People's 
Republic of China: Final Affirmative Countervailing Duty 
Determination; 2011, 78 FR 58283 (September 23, 2013).

------------------------------------------------------------------------
                                                                Subsidy
                           Company                             rate  (%)
------------------------------------------------------------------------
Wuxi Suntech Power Co., Ltd..................................      35.21
Changzhou Trina Solar Energy Co., Ltd........................      18.56
All Others...................................................      26.89
------------------------------------------------------------------------

    In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we 
are directing U.S. Customs and Border Protection (CBP) to suspend 
liquidation of all entries of certain solar products from the PRC that 
are entered, or withdrawn from warehouse, for consumption on or after 
the date of the publication of this notice in the Federal Register, and 
to require a cash deposit

[[Page 33176]]

for such entries of merchandise in the amounts indicated above.

Verification

    As provided in section 782(i)(1) of the Act, we intend to verify 
the information submitted by the respondents prior to making our final 
determination.

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with this preliminary 
determination within five days of its public announcement.\5\ 
Interested parties may submit case and rebuttal briefs, as well as 
request a hearing.\6\ For a schedule of the deadlines for filing case 
briefs, rebuttal briefs, and hearing requests, see the Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.224(b).
    \6\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 703(f) of the Act, we will notify the 
International Trade Commission (ITC) of our determination. In addition, 
we are making available to the ITC all non-privileged and non-
proprietary information relating to this investigation. We will allow 
the ITC access to all privileged and business proprietary information 
in our files, provided the ITC confirms that it will not disclose such 
information, either publicly or under an administrative protective 
order, without the written consent of the Assistant Secretary for 
Enforcement and Compliance.
    In accordance with section 705(b)(2) of the Act, if our final 
determination is affirmative, the ITC will make its final determination 
within 45 days after the Department makes its final determination.
    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: June 2, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Respondent Selection
VI. Injury Test
VII. Application of the Countervailing Duty Law to Imports From the 
PRC
VIII. Subsidies Valuation
IX. Benchmarks and Discount Rates
X. Use of Facts Otherwise Available and Adverse Inferences
XI. Analysis of Programs
XII. ITC Notification
XIII. Disclosure and Public Comment
XIV. Verification
XV. Conclusion

[FR Doc. 2014-13510 Filed 6-9-14; 8:45 am]
BILLING CODE 3510-DS-P