Certain Crystalline Silicon Photovoltaic Products From Taiwan: Notice of Amended Preliminary Determination of Sales at Less Than Fair Value, 49754-49755 [2014-20002]
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Friday, August 22, 2014
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[FR Doc. 2014–19902 Filed 8–21–14; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–853]
Certain Crystalline Silicon Photovoltaic
Products From Taiwan: Notice of
Amended Preliminary Determination of
Sales at Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: August 22, 2014.
SUMMARY: The Department of Commerce
(‘‘Department’’) has determined that it
made certain significant ministerial
errors in the preliminary determination
of sales at less than fair value in the
antidumping duty investigation of
certain crystalline silicon photovoltaic
products from Taiwan, as described
below in the ‘‘Supplementary
Information’’ section of this notice. The
Department corrected these errors and
has recalculated the weighted-average
dumping margin for a mandatory
respondent and the all-others rate, as
described below in the ‘‘Amended
Preliminary Determination’’ section of
this notice.
AGENCY:
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
FOR FURTHER INFORMATION CONTACT:
Magd Zalok or James Martinelli,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: 202–
482–4162 or 202–482–2923,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 31, 2014, the Department
published its affirmative preliminary
determination that certain crystalline
silicon photovoltaic products from
Taiwan are being, or are likely to be,
sold in the United States at less than fair
value, as provided by section 733 of the
Tariff Act of 1930, as amended (the
‘‘Act’’).1
On July 30, 2014, Motech Industries,
Inc. (‘‘Motech’’), a mandatory
respondent in this investigation,
submitted a timely ministerial error
allegation with respect to the
Preliminary Determination. In addition,
on August 4, 2014, SolarWorld
Industries America, Inc. (‘‘Petitioner’’)
and tenKsolar (Shanghai) Co., Ltd.
(‘‘tenKsolar’’), an exporter of Chinese
panels that were made of cells produced
in Taiwan during the period of
investigation, submitted timely
ministerial error allegations. Therefore,
in accordance with 19 CFR 351.224(e),
we have made changes, as discussed
below, to the Preliminary
Determination.
Period of Investigation
The period of investigation (‘‘POI’’) is
October 1, 2012 through September 30,
2013.
Scope of Investigation
The merchandise covered by these
investigations 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 these investigations,
subject merchandise also includes
modules, laminates and/or panels
1 See Certain Crystalline Silicon Photovoltaic
Products From Taiwan: Affirmative Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 79 FR 44,395
(July 31, 2014) (‘‘Preliminary Determination’’).
E:\FR\FM\22AUN1.SGM
22AUN1
49755
Federal Register / Vol. 79, No. 163 / Friday, August 22, 2014 / Notices
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.2
Also excluded from the scope of these
investigations 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
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
tkelley on DSK3SPTVN1PROD with NOTICES
2 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
16:23 Aug 21, 2014
Jkt 232001
subheadings are provided for
convenience and customs purposes; the
written description of the scope of these
investigations is dispositive.
Significant Ministerial Errors
Ministerial errors are defined in 19
CFR 351.224(f) as ‘‘errors in addition,
subtraction, or other arithmetic
function, clerical errors resulting from
inaccurate copying, duplication, or the
like, and any other type of unintentional
error which the {Department} considers
ministerial.’’ 3 Section 351.224(e) of the
Department’s regulations provides that
the Department ‘‘will analyze any
comments received and, if appropriate,
correct any significant ministerial error
by amending the preliminary
determination . . .’’ 4 A significant
ministerial error is defined as a
ministerial error, the correction of
which, either singly or in combination
with other errors, would result in (1) a
change of at least five absolute
percentage points in, but not less than
25 percent of, the weighted-average
dumping margin calculated in the
original (erroneous) preliminary
determination, or (2) a difference
between a weighted-average dumping
margin of zero (or de minimis) and a
weighted-average dumping margin of
greater than de minimis or vice versa.5
In accordance with 19 CFR 351.224(e)
and (g)(1), the Department is amending
the preliminary determination of sales
at less than fair value in the
antidumping duty investigation of
certain crystalline silicon photovoltaic
products from Taiwan to reflect the
corrections of significant ministerial
errors it made in the margin calculation
for Motech, a mandatory respondent in
this investigation.6 As a result of these
corrections, the Department has also
amended the all others rate.7
Ministerial Error Allegations
For a complete analysis of the
ministerial error allegations, see the
Ministerial Error Memo.
3 See
19 CFR 351.224(f).
19 CFR 351.224(e).
5 See 19 CFR 351.224(g).
6 See also Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ‘‘Amended
Preliminary Determination of Certain Crystalline
Silicon Photovoltaic Products from Taiwan:
Ministerial Error Memorandum (‘‘Ministerial Error
Memo’’), which is hereby adopted to this notice.
7 See Memorandum to the File from James
Martinelli, International Trade Compliance Analyst,
AD/CVD Operations, Office IV, Enforcement and
Compliance, regarding ‘‘Antidumping Investigation
of Certain Crystalline Silicon Photovoltaic Products
from Taiwan: Calculation of the All Others Rate’’
(August 15, 2014).
4 See
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
Amended Preliminary Determination
As a result of this amended
preliminary determination, we have
revised the preliminary weightedaverage dumping margin for Motech and
all others as follows:
Producer or exporter
Weightedaverage
dumping
margin
(percent)
Motech Industries, Inc. ...............
Gintech Energy Corporation .......
All Others ....................................
20.86
27.59
24.23
The collection of cash deposits and
suspension of liquidation will be
revised according to the rates calculated
in these amended preliminary results.
Because these amended rates result in
reduced cash deposits, they will be
effective retroactively to July 31, 2014,
the date of publication of the
Preliminary Determination, and parties
will be notified of this determination, in
accordance with section 733(d) and (f)
of the Act. International Trade
Commission
Notification
In accordance with section 733(f) of
the Act, we notified the International
Trade Commission (‘‘ITC’’) of our
amended preliminary determination.
Notification to Interested Parties
The Department intends to disclose
calculations performed in connection
with this amended preliminary
determination within five days of the
date of publication of this notice in
accordance with 19 CFR 351.224(b).
This amended preliminary
determination is issued and published
in accordance with sections 733(f) and
777(i)(1) of the Act and 19 CFR
351.224(e).
Dated: August 15, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2014–20002 Filed 8–21–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
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Proposed Information Collection;
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Death Master File, Derived From the
Social Security Administration’s Death
Master File, Subscriber Certification
Form (Subscriber Certification Form)
National Technical Information
Service, Commerce.
AGENCY:
E:\FR\FM\22AUN1.SGM
22AUN1
]]>Agencies
[Federal Register Volume 79, Number 163 (Friday, August 22, 2014)]
[Notices]
[Pages 49754-49755]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20002]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-853]
Certain Crystalline Silicon Photovoltaic Products From Taiwan:
Notice of Amended Preliminary Determination of Sales at Less Than Fair
Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: August 22, 2014.
SUMMARY: The Department of Commerce (``Department'') has determined
that it made certain significant ministerial errors in the preliminary
determination of sales at less than fair value in the antidumping duty
investigation of certain crystalline silicon photovoltaic products from
Taiwan, as described below in the ``Supplementary Information'' section
of this notice. The Department corrected these errors and has
recalculated the weighted-average dumping margin for a mandatory
respondent and the all-others rate, as described below in the ``Amended
Preliminary Determination'' section of this notice.
FOR FURTHER INFORMATION CONTACT: Magd Zalok or James Martinelli,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: 202-482-4162 or 202-482-2923,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 31, 2014, the Department published its affirmative
preliminary determination that certain crystalline silicon photovoltaic
products from Taiwan are being, or are likely to be, sold in the United
States at less than fair value, as provided by section 733 of the
Tariff Act of 1930, as amended (the ``Act'').\1\
---------------------------------------------------------------------------
\1\ See Certain Crystalline Silicon Photovoltaic Products From
Taiwan: Affirmative Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final Determination, 79 FR 44,395
(July 31, 2014) (``Preliminary Determination'').
---------------------------------------------------------------------------
On July 30, 2014, Motech Industries, Inc. (``Motech''), a mandatory
respondent in this investigation, submitted a timely ministerial error
allegation with respect to the Preliminary Determination. In addition,
on August 4, 2014, SolarWorld Industries America, Inc. (``Petitioner'')
and tenKsolar (Shanghai) Co., Ltd. (``tenKsolar''), an exporter of
Chinese panels that were made of cells produced in Taiwan during the
period of investigation, submitted timely ministerial error
allegations. Therefore, in accordance with 19 CFR 351.224(e), we have
made changes, as discussed below, to the Preliminary Determination.
Period of Investigation
The period of investigation (``POI'') is October 1, 2012 through
September 30, 2013.
Scope of Investigation
The merchandise covered by these investigations 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 these investigations, subject
merchandise also includes modules, laminates and/or panels
[[Page 49755]]
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.\2\ 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.
---------------------------------------------------------------------------
\2\ 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).
---------------------------------------------------------------------------
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.
Significant Ministerial Errors
Ministerial errors are defined in 19 CFR 351.224(f) as ``errors in
addition, subtraction, or other arithmetic function, clerical errors
resulting from inaccurate copying, duplication, or the like, and any
other type of unintentional error which the {Department{time}
considers ministerial.'' \3\ Section 351.224(e) of the Department's
regulations provides that the Department ``will analyze any comments
received and, if appropriate, correct any significant ministerial error
by amending the preliminary determination . . .'' \4\ A significant
ministerial error is defined as a ministerial error, the correction of
which, either singly or in combination with other errors, would result
in (1) a change of at least five absolute percentage points in, but not
less than 25 percent of, the weighted-average dumping margin calculated
in the original (erroneous) preliminary determination, or (2) a
difference between a weighted-average dumping margin of zero (or de
minimis) and a weighted-average dumping margin of greater than de
minimis or vice versa.\5\
---------------------------------------------------------------------------
\3\ See 19 CFR 351.224(f).
\4\ See 19 CFR 351.224(e).
\5\ See 19 CFR 351.224(g).
---------------------------------------------------------------------------
In accordance with 19 CFR 351.224(e) and (g)(1), the Department is
amending the preliminary determination of sales at less than fair value
in the antidumping duty investigation of certain crystalline silicon
photovoltaic products from Taiwan to reflect the corrections of
significant ministerial errors it made in the margin calculation for
Motech, a mandatory respondent in this investigation.\6\ As a result of
these corrections, the Department has also amended the all others
rate.\7\
---------------------------------------------------------------------------
\6\ See also Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, ``Amended Preliminary Determination of Certain
Crystalline Silicon Photovoltaic Products from Taiwan: Ministerial
Error Memorandum (``Ministerial Error Memo''), which is hereby
adopted to this notice.
\7\ See Memorandum to the File from James Martinelli,
International Trade Compliance Analyst, AD/CVD Operations, Office
IV, Enforcement and Compliance, regarding ``Antidumping
Investigation of Certain Crystalline Silicon Photovoltaic Products
from Taiwan: Calculation of the All Others Rate'' (August 15, 2014).
---------------------------------------------------------------------------
Ministerial Error Allegations
For a complete analysis of the ministerial error allegations, see
the Ministerial Error Memo.
Amended Preliminary Determination
As a result of this amended preliminary determination, we have
revised the preliminary weighted-average dumping margin for Motech and
all others as follows:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Motech Industries, Inc...................................... 20.86
Gintech Energy Corporation.................................. 27.59
All Others.................................................. 24.23
------------------------------------------------------------------------
The collection of cash deposits and suspension of liquidation will
be revised according to the rates calculated in these amended
preliminary results. Because these amended rates result in reduced cash
deposits, they will be effective retroactively to July 31, 2014, the
date of publication of the Preliminary Determination, and parties will
be notified of this determination, in accordance with section 733(d)
and (f) of the Act. International Trade Commission
Notification
In accordance with section 733(f) of the Act, we notified the
International Trade Commission (``ITC'') of our amended preliminary
determination.
Notification to Interested Parties
The Department intends to disclose calculations performed in
connection with this amended preliminary determination within five days
of the date of publication of this notice in accordance with 19 CFR
351.224(b).
This amended preliminary determination is issued and published in
accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR
351.224(e).
Dated: August 15, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-20002 Filed 8-21-14; 8:45 am]
BILLING CODE 3510-DS-P
