Certain Crystalline Silicon Photovoltaic Products From Taiwan: Notice of Amended Preliminary Determination of Sales at Less Than Fair Value, 49754-49755 [2014-20002]

Download as PDF 49754 Notices Federal Register Vol. 79, No. 163 Friday, August 22, 2014 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. DEPARTMENT OF COMMERCE tkelley on DSK3SPTVN1PROD with NOTICES Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: National Institute of Standards and Technology (NIST). Title: NIST Summer Institute for Middle School Science Teachers (NIST Summer Institute) and the NIST Research Experience for Teachers (NIST RET) Programs Application Requirements. OMB Control Number: 0693–0059. Form Number(s): NIST–1103. Type of Request: Regular submission (revision of a currently approved information collection). Number of Respondents: 100. Average Hours per Response: 1. Burden Hours: 100. Needs and Uses: The NIST Summer Institute and the NIST RET are two competitive financial assistance (cooperative agreement) programs that offer middle school (Grades 6–8) science teachers an opportunity to participate in hands-on activities, lectures, tours, visits, or in scientific research with scientists and engineers in NIST laboratories. The aim is to encourage them to inspire students to pursue careers in science, technology, engineering, and mathematics (STEM) fields. This request is for the information collection for form NIST– 1103 that must be completed by nominated teachers. The information is used in making cooperative agreement decisions. Revision: The NIST 1103–A, previously used by DC Public School Teachers applicants due to a separate allowance for a late application period, has been removed from this information VerDate Mar<15>2010 16:23 Aug 21, 2014 Jkt 232001 collection request. DC teachers have applied during the regular application process using NIST 1103. Affected Public: U.S. public school districts, U.S. accredited private educational institutions, and U.S. middle school (Grades 6–8) science teachers. Frequency: Annually. Respondent’s Obligation: Required to obtain benefits. This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@ omb.eop.gov or fax to (202) 395–5806. Dated: August 18, 2014. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [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 National Technical Information Service Proposed Information Collection; Comment Request; Limited Access 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

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[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]


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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