Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2012-2013, 1021-1025 [2015-00098]
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Federal Register / Vol. 80, No. 5 / Thursday, January 8, 2015 / Notices
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Subsidies Valuation
IV. Use of Facts Otherwise Available and
Adverse Inferences
V. Analysis of Programs
VI. Disclosure and Public Comment
VII. Conclusion
Resources Co., Ltd.
4. Beijing Hope Industry
5. Best Solar Hi-tech
6. CEEG (Shanghai) Solar Science
Technology Co., Ltd.
7. CEEG Nanjing Renewable Energy Co., Ltd.
8. China Sunergy (Nanjing) Co., Ltd.
9. China Sunergy
10. Chinalight Solar
11. CNPV Dongying Solar Power Co., Ltd.
12. Dai Hwa Industrial
13. EGing
14. ENN Solar Energy
15. General Solar Power
16. Golden Partner development
17. Goldpoly (Quanzhou)
18. Hairun Photovoltaics Technology Co., Ltd
19. Hareon Solar Technology
20. HC Solar Power Co., Ltd.
21. JA Solar Technology Yangzhou Co., Ltd.
22. Jetion Solar (China) Co., Ltd.
23. Jia Yi Energy Technology
24. Jiasheng Photovoltaic Tech.
25. Jiangxi Green Power Co. Ltd.
26. Jiawei Solar Holding
27. Jiawei Solarchina Co. (Shenzhen), Ltd
28. JingAo Solar Co., Ltd.
29. Jiutai Energy
30. Linuo Photovoltaic
31. Ningbo Komaes Solar Technology Co.,
Ltd.
32. Perfectenergy
33. Polar Photovoltaics
34. Qiangsheng (QS Solar)
35. QXPV (Ningbo Qixin Solar Electrical
Appliance Co., Ltd)
36. Refine Solar
37. Risen Energy Co, Ltd.
38. Risun Solar (JiangXi Ruijing Solar Power
Co., Ltd.)
39. Sanjing Silicon
40. Shanghai Chaori Solar Energy
41. Shanghai JA Solar Technology Co., Ltd.
42. Shanghai Solar Energy Science &
Technology Co., Ltd.
43. Shangpin Solar
44. Shanshan Ulica
45. Shenzen Topray Solar Co., Ltd.
46. Shenzhen Global Solar Energy Tech.
47. Shuqimeng Energy Tech
48. Skybasesolar
49. Solargiga Energy Holdings Ltd.
50. Sunflower
51. Sunlink PV
52. Sunvim Solar Technology
53. Tainergy Tech
54. tenKsolar (Shanghai) Co., Ltd.
55. Tianjin Jinneng Solar Cell
56. Topsolar
57. Trony
58. Weihai China Glass Solar
59. Wuxi Sun-shine Power Co., Ltd.
60. Wuxi University Science Park
International Incubator Co., Ltd.
61. Yuhan Sinosola Science & Technology
Co., Ltd.
62. Yuhuan Solar Energy Source Co., Ltd.
63. Yunnan Tianda
64. Yunnan Zhuoye Energy
65. Zhejiang Top Point Photovoltaic Co., Ltd.
66. Zhejiang Wanxiang Solar Co, Ltd.
Appendix II
1. Aiko Solar
2. Amplesun Solar
3. Boading Tianwei Yingli New Energy
Appendix III
1. Baoding Jiansheng Photovoltaic
Technology Co., Ltd.
2. Boading Tianwei Yingli New Energy
and hearing requests must be filed
electronically and received successfully
in their entirety through ACCESS by
5:00 p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, we intend to issue the final results
of this administrative review, including
the results of our analysis of the issues
raised by the parties in their comments,
within 120 days after issuance of these
preliminary results.
Assessment Rates and Cash Deposit
Requirement
In accordance with 19 CFR
351.221(b)(4)(i), we assigned a subsidy
rate for each producer/exporter subject
to this administrative review. Upon
issuance of the final results, the
Department shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries covered by this
review. We intend to issue instructions
to CBP 15 days after publication of the
final results of review.
Pursuant to section 751(a)(2)(C) of the
Act, the Department also intends to
instruct CBP to collect cash deposits of
estimated countervailing duties, in the
amounts shown above for each of the
respective companies shown above, on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits at the most-recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
Dated: December 31, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
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Appendix I
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1021
Resources Co., Ltd.
3. Beijing Tianneng Yingli New Energy
Resources Co. Ltd.
4. Canadian Solar International Limited.
5. Canadian Solar Manufacturing (Changshu)
Inc.
6. Canadian Solar Manufacturing (Luoyang)
Inc.
7. Changzhou NESL Solartech Co., Ltd.
8. Changzhou Trina Solar Energy Co., Ltd.
9. Chint Solar (Zhejiang) Co., Ltd.
10. CSG PVTech Co., Ltd.
11. DelSolar Co., Ltd.
12. De-Tech Trading Limited HK.
13. Dongfang Electric (Yixing) MAGI Solar
Power Technology Co. Ltd.
14. Eoplly New Energy Technology Co., Ltd.
15. Era Solar Co., Ltd.
16. ET Solar Energy Limited
17. Hainan Yingli New Energy Resources Co.,
Ltd.
18. Hangzhou Zhejiang University Sunny
Energy Science and Technology Co. Ltd.
19. Hendigan Group Dmegc Magnetics.
20. Hengshui Yingli New Energy Resources
Co., Ltd.
21. Himin Clean Energy Holdings Co., Ltd.
22. Innovosolar.
23. Jiangsu Green Power PV Co., Ltd.
24. Jiangsu Jiasheng Photovoltaic Technology
Co., Ltd.
25. Jiangsu Sunlink PV Technology Co., Ltd.
26. Jiawei Solar Holding.
27. Jinko Solar Co., Ltd.
28. Jinko Solar Import and Export Co., Ltd.
29. Jinko Solar International Limited.
30. Konca Solar Cell Co., Ltd.
31. Kuttler Automation Systems (Suzhou) Co.
Ltd.
32. LDK Solar Hi-tech (Suzhou) Co., Ltd.
33. LDK Solar Hi-tech (Nanchang)
34. Leye Photovoltaic Science & Technology
Co., Ltd.
35. Wuxi Suntech
36. Lixian Yingli New Energy Resources Co.,
Ltd.
[FR Doc. 2015–00110 Filed 1–7–15; 8:45 am]
BILLING CODE 3510–DS–P
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: Preliminary Results of
Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting an
administrative review of the
antidumping duty order on crystalline
silicon photovoltaic cells, whether or
not assembled into modules (‘‘solar
cells’’), from the People’s Republic of
AGENCY:
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China (‘‘PRC’’). The period of review
(‘‘POR’’) is May 25, 2012, through
November 30, 2013. The administrative
review covers two mandatory
respondents, Yingli Energy (China)
Company Limited and Wuxi Suntech
Power Co., Ltd. The Department
preliminarily finds that the mandatory
respondent Yingli Energy (China)
Company Limited sold subject
merchandise in the United States at
prices below normal value (‘‘NV’’)
during the POR and that Wuxi Suntech
Power Co., Ltd., is not eligible for a
separate rate. Interested parties are
invited to comment on these
preliminary results.
DATES: Effective Date: January 8, 2015.
FOR FURTHER INFORMATION CONTACT:
Brandon Farlander or Drew Jackson,
AD/CVD Operations, Office IV,
Enforcement & Compliance,
International Trade Administration,
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0182 or (202) 482–4406,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by the 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.1 Merchandise
covered by this review is classifiable
under subheading 8501.61.0000,
8507.20.80, 8541.40.6020, 8541.40.6030,
and 8501.31.8000 of the Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS
subheadings are provided for
convenience and customs purposes, our
written description of the scope of the
order is dispositive.
Preliminary Determination of No
Shipments
Based on an analysis of U.S. Customs
and Border Protection (‘‘CBP’’)
information, and comments provided by
a number of companies, the Department
Preliminary Affiliation and Single
Entity Determination
Based on record evidence, the
Department preliminarily finds that the
mandatory respondent Yingli Energy
(China) Company Limited is affiliated
with the following seven companies
pursuant to section 771(33)(F) of the
Tariff Act of 1930, as amended (‘‘the
Act’’): (1) Baoding Tianwei Yingli New
Energy Resources Co., Ltd.; (2) Tianjin
Yingli New Energy Resources Co., Ltd.;
(3) Hengshui Yingli New Energy
Resources Co., Ltd.; (4) Lixian Yingli
New Energy Resources Co., Ltd.; (5)
Baoding Jiasheng Photovoltaic
Technology Co., Ltd.; (6) Beijing
Tianneng Yingli New Energy Resources
Co., Ltd.; and (7) Hainan Yingli New
Energy Resources Co., Ltd. (collectively
‘‘Yingli’’). Furthermore, the Department
preliminarily finds that the mandatory
respondent Wuxi Suntech Power Co.,
Ltd. is affiliated with the following three
companies pursuant to section
771(33)(F) of the Act: (1) Luoyang
Suntech Power Co., Ltd.; (2) Suntech
Power Co., Ltd.; and (3) Wuxi Sunshine
Power Co., Ltd. (collectively, ‘‘Wuxi
Suntech Single Entity’’). In addition,
based on the information presented in
1 For
tkelley on DSK3SPTVN1PROD with NOTICES
a complete description of the scope of the
order, see ‘‘Decision Memorandum for the
Preliminary Results of the 2012–2013 Antidumping
Duty Administrative Review of Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into
Modules, from the People’s Republic of China’’
from Gary Taverman, Associate Deputy Assistant
Secretary for Antidumping and Countervailing
Operations, to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, issued concurrently
with and hereby adopted by this notice
(‘‘Preliminary Decision Memorandum’’).
preliminarily determines that 23 of the
companies that claimed no shipments
during this POR did not have any
reviewable transactions during the
POR.2 We found that two companies
which claimed no exports, sales or
entries of subject merchandise during
the POR did, in fact, sell subject
merchandise to the United States during
the POR. Neither of these companies
filed a separate rate application or
certification and thus they have not
established their entitlement to a
separate rate in this review. For
additional information regarding this
determination, see the Preliminary
Decision Memorandum.
Consistent with an announced
refinement to its assessment practice in
non-market economy (‘‘NME’’) cases,
the Department is not rescinding this
review, in part, but intends to complete
the review with respect to the
companies for which it has
preliminarily found no shipments and
issue appropriate instructions to CBP
based on the final results of the review.3
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2 We treated two companies which reported
making no shipments during the POR, Luoyang
Suntech Power Co., Ltd. and Suntech Power Co.,
Ltd., as part of a single entity together with the
mandatory respondent, Wuxi Suntech Power Co.,
Ltd. See the ‘‘Preliminary Affiliation and Single
Entity Determination’’ section of this notice.
3 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011) and the
‘‘Assessment Rates’’ section, below.
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this review, we preliminarily find that
each of the mandatory respondents and
the respective companies listed above
should be treated as a single company
for the purposes of this review pursuant
to 19 CFR 351.401(f). For additional
information, see the Preliminary
Decision Memorandum.
PRC-Wide Entity
Several companies for which the
Department initiated this review failed
to respond to the Department’s request
for quantity and value information.
Therefore, these companies are not
eligible for separate rate status.4
Accordingly, the Department
preliminarily finds that the PRC-wide
entity includes these companies.
Furthermore, because necessary
information is not available on the
record and the PRC-wide entity
withheld requested information, failed
to provide information in a timely
manner and in the form requested, and
significantly impeded this proceeding,
the Department relied on facts otherwise
available (‘‘FA’’) to determine the PRCwide rate.5
Additionally, the Department finds
that the PRC-wide entity failed to
cooperate by not acting to the best of its
ability to comply with a request for
information. Therefore, pursuant to
section 776(b) of the Act, the
Department is using an adverse
inference when selecting from among
the facts otherwise available. Thus, the
Department is relying on adverse facts
available (‘‘AFA’’) in order to determine
a margin for the PRC-wide entity,
pursuant to sections 776(a)(1),
776(a)(2)(A), (B), (C) and 776(b) of the
Act. For additional information, see the
Preliminary Decision Memorandum.
Verification
As provided in section 782(i) of the
Act, the Department verified
information provided by Yingli. The
Department conducted the verification
using standard verification procedures
including the examination of relevant
sales and financial records and the
selection and review of original
documentation containing relevant
information. The results of the
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 79 FR 6147
(February 3, 2014) (‘‘Furthermore, firms to which
the Department issues a Quantity and Value
(‘‘Q&V’’) questionnaire in the antidumping duty
administrative review of solar cells and modules
from the PRC must submit a timely and complete
response to the Q&V questionnaire, in addition to
a timely and complete Separate Rate Application or
Certification in order to receive consideration for
separate-rate status.’’).
5 See Section 776(a) of the Act.
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verification are outlined in the public
version of the verification reports. The
verification reports will be on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).6
ACCESS is available to registered users
at https://access.trade.gov, and is
available to all parties in the
Department’s Central Records Unit,
located in room 7046 of the main
Department of Commerce building.
Use of Partial Facts Available and
Adverse Facts Available
Section 776(a) of the Act provides that
the Department shall apply FA if (1)
necessary information is not on the
record, or (2) an interested party or any
other person (A) withholds information
that has been requested, (B) fails to
provide information within the
deadlines established, or in the form
and manner requested by the
Department, subject to subsections (c)(1)
and (e) of section 782 of the Act, (C)
significantly impedes a proceeding, or
(D) provides information that cannot be
verified as provided by section 782(i) of
the Act.
Section 776(b) of the Act further
provides that the Department may use
an adverse inference in applying FA
when a party has failed to cooperate by
not acting to the best of its ability to
comply with a request for information.
Such an adverse inference may include
reliance on information derived from
the petition, the final determination, a
previous administrative review, or other
information placed on the record.
Based on findings at verification,
pursuant to sections 776(a) and (b) of
the Act, we are applying partial AFA to
a portion of Yingli’s U.S. sales.
Moreover, Yingli did not report FOP
data from certain suppliers or tollers
based on the specific facts on the record
of this review. Thus, because necessary
information is not available on the
record, and in accordance with section
776(a)(1) of the Act, the Department is
applying FA with respect to these
unreported FOP data. For details
regarding these determinations, see the
Preliminary Decision Memorandum.
The Wuxi Suntech Single Entity’s
Separate Rate Status
Wuxi Sunshine, an exporter and
member of the Wuxi Suntech Single
Entity, reported that certain
shareholders are state-owned
companies.7 Because of the level of
government ownership in Wuxi
Sunshine, and the control or potential to
exercise control that such ownership
establishes, we preliminarily conclude
that Wuxi Sunshine, and thus the Wuxi
Suntech Single Entity, does not satisfy
the criteria demonstrating an absence of
de facto government control over export
activities.8 Consequently, we
preliminarily determine that the Wuxi
Suntech Single Entity is ineligible for a
separate rate.
Rate for Separate-Rate Companies Not
Individually Examined
The statute and the Department’s
regulations do not address the
establishment of a rate to be applied to
individual respondents not selected for
examination when the Department
limits its examination in an
administrative review pursuant to
section 777A(c)(2)(B) of the Act.
Generally, the Department looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in an investigation, for
guidance when calculating the rate for
respondents which we did not examine
in an administrative review. Section
735(c)(5)(A) of the Act articulates a
preference that we are not to calculate
an all-others rate using rates which are
zero, de minimis or based entirely on
facts available. Accordingly, the
Department’s usual practice has been to
average the weighted-average dumping
margins for the selected companies,
excluding rates that are zero, de
minimis, or based entirely on facts
available.9 Because we preliminarily
determine that the Wuxi Suntech Single
Entity is ineligible for a separate rate,
the Department assigned to the
companies that it did not individually
examine, but which demonstrated their
eligibility for a separate rate, a margin
calculated for mandatory respondent
Yingli.
Methodology
The Department conducted this
review in accordance with section
751(a)(1)(B) of the Act. The Department
calculated export prices and constructed
export prices in accordance with section
772 of the Act. Given that the PRC is a
NME country, within the meaning of
section 771(18) of the Act, the
Department calculated NV in
accordance with section 773(c) of the
Act.
For a full description of the
methodology underlying the
preliminary results of this review, see
the Preliminary Decision Memorandum.
The Preliminary Decision Memorandum
is a public document and is made
available to the public via ACCESS. In
addition, a complete version of the
Preliminary Decision Memorandum can
be found at https://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist for the
POR:
Weighted-average
dumping margin
(Percent)
Exporter
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Yingli Energy (China) Company Limited/Baoding Tianwei Yingli New Energy Resources Co., Ltd./Tianjin Yingli New Energy
Resources Co., Ltd./Hengshui Yingli New Energy Resources Co., Ltd./Lixian Yingli New Energy Resources Co., Ltd./
Baoding Jiasheng Photovoltaic Technology Co., Ltd./Beijing Tianneng Yingli New Energy Resources Co., Ltd./Hainan
Yingli New Energy Resources Co., Ltd. ....................................................................................................................................
Canadian Solar International Limited ............................................................................................................................................
6 On November 20, 2014, Enforcement and
Compliance changed the name of the Import
Administration AD and CVD Centralized Electronic
Service System (‘‘IA ACCESS’’) to AD and CVD
Centralized Electronic Service System (‘‘ACCESS’’).
The Web site location was changed from https://
iaaccess.trade.gov to https://access.trade.gov. See
Enforcement and Compliance; Change of Electronic
Filing System Name, 79 FR 69046 (November 20,
2014).
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7 See Wuxi Sunshine’s April 4, 2014 SeparateRate Application at 11. The details regarding Wuxi
Sunshine’s ownership by the PRC government is
business proprietary information and may not be
publically disclosed. For further information
regarding the Department’s separate rate analysis,
see Memorandum to Abdelali Elouaradia, Director,
Office IV, AD/CVD Operations from Drew Jackson,
International Trade Analyst, Office IV, AD/CVD
Operations, regarding, ‘‘Antidumping Duty Review
of Crystalline Silicon Photovoltaic Cells, Whether
or Not Assembled into Modules, from the People’s
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1.82
1.82
Republic of China: Wuxi Suntech Single Entity
Separate Rate Analysis,’’ dated December 31, 2014
(‘‘Wuxi Suntech Separate Rate Memorandum’’).
8 Id.
9 See Ball Bearings and Parts Thereof From
France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews and Rescission of Reviews
in Part, 73 FR 52823, 52824 (September 11. 2008),
and accompanying Issues and Decision
Memorandum at Comment 16.
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Weighted-average
dumping margin
(Percent)
Exporter
Canadian Solar Manufacturing (Changshu) Inc. ...........................................................................................................................
Canadian Solar Manufacturing (Luoyang) Inc. ..............................................................................................................................
Changzhou Trina Solar Energy Co., Ltd./Trina Solar (Changzhou) Science and Technology Co., Ltd.10 ..................................
Chint Solar (Zhejiang) Co., Ltd. .....................................................................................................................................................
De-Tech Trading Limited HK .........................................................................................................................................................
Eoplly New Energy Technology Co., Ltd. .....................................................................................................................................
Hangzhou Zhejiang University Sunny Energy Science and Technology Co., Ltd. .......................................................................
Jinko Solar Import and Export Co., Ltd. ........................................................................................................................................
LDK Solar Hi-tech (Nanchang) Co., Ltd. .......................................................................................................................................
Ningbo Qixin Solar Electrical Appliance Co., Ltd. .........................................................................................................................
Renesola Jiangsu Ltd. ...................................................................................................................................................................
Shanghai BYD Co., Ltd. ................................................................................................................................................................
Shenzhen Topray Solar Co. Ltd. ...................................................................................................................................................
Sopray Energy Co., Ltd. ................................................................................................................................................................
Star Power International Limited ...................................................................................................................................................
Sun Earth Solar Power Co., Ltd. ...................................................................................................................................................
Yingli Green Energy Holding Company Limited ............................................................................................................................
Yingli Green Energy International Trading Company Limited .......................................................................................................
Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company ..................................................................
PRC-Wide Entity 11 ........................................................................................................................................................................
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Disclosure and Public Comment
The Department intends to disclose to
parties the calculations performed for
these preliminary results of review
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b). Interested
parties may submit case briefs no later
than 30 days after the date of
10 In the investigation in this proceeding, the
Department treated Changzhou Trina Solar Energy
Co., Ltd. and Trina Solar (Changzhou) Science &
Technology Co., Ltd. as a single entity. 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). Absent information to
the contrary, the Department has continued to treat
these companies as a single entity for purposes of
this review.
11 The PRC-wide entity includes the following
companies: (1) Changzhou NESL Solartech Co.,
Ltd.; (2) CSG PVTech Co., Ltd. (3) Era Solar Co.,
Ltd.; (4) Innovosolar; (5) Jiangsu Sunlink PV
Technology Co., Ltd.; (6) Jiawei Solarchina Co.,
Ltd.; (7) Jinko Solar Co., Ltd.; (8) LDK Solar Hi-tech
(Suzhou) Co., Ltd.; (9) Leye Photovoltaic Co., Ltd.;
(10) Magi Solar Technology; (11) Ningbo ETDZ
Holdings, Ltd.; (12) ReneSola; (13) Shanghai
Machinery Complete Equipment (Group) Corp.,
Ltd.; (14) Shenglong PV-Tech; (15) Solarbest
Energy-Tech (Zhejiang) Co., Ltd.; (16) Suzhou
Shenglong PV–TECH Co., Ltd.; (17) Zhejiang
Shuqimeng Photovoltaic Technology Co., Ltd.; (18)
Zhejiang Xinshun Guangfu Science and Technology
Co., Ltd.; (19) Zhejiang ZG-Cells Co., Ltd.; (20)
Zhiheng Solar Inc.; (21) Wuxi Suntech Power Co.,
Ltd./Luoyang Suntech Power Co., Ltd./Suntech
Power Co., Ltd./Wuxi Sunshine Power Co. Ltd. In
addition, the PRC-wide entity includes the
companies listed in Appendix II of the notice
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled Into Modules From the People’s
Republic of China: Amended Partial Rescission of
Antidumping Duty Administrative Review, 79 FR
43713 (July 28, 2014).
12 This PRC-wide entity rate equals the PRC-wide
entity rate of 249.96% adjusted for export subsidies
and estimated domestic subsidy pass-through.
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publication of these preliminary results
of review.13 Rebuttal briefs may be filed
no later than five days after case briefs
are due and may respond only to
arguments raised in the case briefs.14 A
table of contents, list of authorities used,
and an executive summary of issues
should accompany any briefs submitted
to the Department. The summary should
be limited to five pages total, including
footnotes.
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, within 30
days after the date of publication of this
notice.15 Requests should contain the
party’s name, address, and telephone
number, the number of participants, and
a list of the issues to be discussed. Oral
argument presentations will be limited
to issues raised in the briefs. If a request
for a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a date and
time to be determined.16 Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
All submissions, with limited
exceptions, must be filed electronically
using ACCESS.17 An electronically filed
document must be received successfully
in its entirety by the Department’s
electronic records system, ACCESS, by
5 p.m. Eastern Time (‘‘ET’’) on the due
13 See
19 CFR 351.309(c)(ii).
19 CFR 351.309(d).
15 See 19 CFR 351.310(c).
16 See 19 CFR 351.310(d).
17 See generally 19 CFR 351.303.
14 See
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1.82
1.82
1.82
1.82
1.82
1.82
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1.82
1.82
1.82
1.82
1.82
1.82
1.82
1.82
1.82
1.82
1.82
12 238.56
date. Documents excepted from the
electronic submission requirements
must be filed manually (i.e., in paper
form) with the APO/Dockets Unit in
Room 1870 and stamped with the date
and time of receipt by 5 p.m. ET on the
due date.18
Unless otherwise extended, the
Department intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of
this review, the Department will
determine, and CBP shall assess,
antidumping duties on all appropriate
entries covered by this review.19 The
Department intends to issue assessment
instructions to CBP 15 days after the
publication date of the final results of
this review. For each individually
examined respondent in this review
whose weighted-average dumping
margin in the final results of review is
above de minimis (i.e., greater than or
equal to 0.5 percent), the Department
intends to calculate importer- (or
customer)-specific assessment rates, in
accordance with 19 CFR 351.212(b)(1).20
Where the respondent reported reliable
18 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
19 See 19 CFR 351.212(b)(1).
20 See Antidumping Proceedings: Calculation of
the Weighted Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (‘‘Final Modification’’).
E:\FR\FM\08JAN1.SGM
08JAN1
Federal Register / Vol. 80, No. 5 / Thursday, January 8, 2015 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
entered values, the Department intends
to calculate importer- (or customer)specific ad valorem rates by aggregating
the dumping margins calculated for all
U.S. sales to the importer- (or customer)
and dividing this amount by the total
entered value of the sales to the
importer- (or customer).21 Where the
Department calculates an importer- (or
customer)-specific weighted-average
dumping margin by dividing the total
amount of dumping for reviewed sales
to the importer- (or customer) by the
total sales quantity associated with
those transactions, the Department will
direct CBP to assess importer- (or
customer)-specific assessment rates
based on the resulting per-unit rates.22
Where an importer- (or customer)specific ad valorem or per-unit rate is
greater than de minimis, the Department
will instruct CBP to collect the
appropriate duties at the time of
liquidation. Where either the
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer (or customer-) specific ad
valorem or per-unit rate is zero or de
minimis, the Department will instruct
CBP to liquidate appropriate entries
without regard to antidumping duties.23
On October 24, 2011, the Department
announced a refinement to its
assessment practice in NME
antidumping duty cases.24 Pursuant to
this refinement in practice, for entries
that were not reported in the U.S. sales
database submitted by an exporter
individually examined during this
review, the Department will instruct
CBP to liquidate such entries at the
PRC-wide rate. Additionally, pursuant
to this refinement, if the Department
determines that an exporter under
review had no shipments of the subject
merchandise, any suspended entries
that entered under that exporter’s case
number will be liquidated at the PRCwide rate.
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.
Cash Deposit Requirements
The Department will instruct CBP to
require a cash deposit equal to the
weighted-average amount by which the
21 See
19 CFR 351.212(b)(1).
22 Id.
23 See
Final Modification at 8103.
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
24 See
VerDate Sep<11>2014
17:07 Jan 07, 2015
Jkt 235001
normal value exceeds U.S. price. The
following cash deposit requirements
will be effective upon publication of the
final results of this administrative
review for shipments of the subject
merchandise from the PRC entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of this notice, as provided by
section 751(a)(2)(C) of the Act: (1) For
the exporters listed above, the cash
deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
review (except, if the rate is zero or de
minimis, then the cash deposit rate will
be zero for that exporter); (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that have separate rates, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recently completed segment of this
proceeding; (3) for all PRC exporters of
subject merchandise which have not
been found to be entitled to a separate
rate, the cash deposit rate will be the
rate for the PRC-wide entity and (4) for
all non-PRC exporters of subject
merchandise that have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter that supplied that non-PRC
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a
preliminary 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 POR.
Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: December 31, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No
Shipments
5. Selection of Respondents
6. Single Entity Treatment
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7. Discussion of the Methodology
a. NME Country
b. Separate Rates
c. The PRC-wide Entity
d. Use of Facts Available and AFA
e. Surrogate Country
f. Date of Sale
g. Fair Value Comparisons
h. U.S. Price
i. Normal Value
j. Section 777A(f) of the Act
k. Currency Conversion
8. Conclusion
[FR Doc. 2015–00098 Filed 1–7–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–875]
Non-Malleable Cast Iron Pipe Fittings
From the People’s Republic of China:
Preliminary Results of Antidumping
Administrative Review; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting an
administrative review of the
antidumping duty order on nonmalleable cast iron pipe fittings
(‘‘NMPF’’) from the People’s Republic of
China (‘‘PRC’’) for the period of review
(‘‘POR’’) April 1, 2013, through March
31, 2014. This review covers one PRC
company, Overseas Industrial
Corporation (‘‘OIC’’).1 The Department
preliminarily finds that OIC is part of
the PRC-wide entity. Interested parties
are invited to comment on these
preliminary results.
DATES: Effective Date: January 8, 2015.
FOR FURTHER INFORMATION CONTACT:
Karine Gziryan, AD/CVD Operations,
Office IV, Enforcement & Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4081.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The products covered by the order are
finished and unfinished non-malleable
cast iron pipe fittings with an inside
diameter ranging from 1/4 inch to 6
inches, whether threaded or
unthreaded, regardless of industry or
proprietary specifications. For a full
description of the scope of the order, see
Preliminary Results Decision
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 79 FR
30809 (May 29, 2014).
E:\FR\FM\08JAN1.SGM
08JAN1
]]>Agencies
[Federal Register Volume 80, Number 5 (Thursday, January 8, 2015)]
[Notices]
[Pages 1021-1025]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00098]
-----------------------------------------------------------------------
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: Preliminary Results
of Antidumping Duty Administrative Review and Preliminary Determination
of No Shipments; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
an administrative review of the antidumping duty order on crystalline
silicon photovoltaic cells, whether or not assembled into modules
(``solar cells''), from the People's Republic of
[[Page 1022]]
China (``PRC''). The period of review (``POR'') is May 25, 2012,
through November 30, 2013. The administrative review covers two
mandatory respondents, Yingli Energy (China) Company Limited and Wuxi
Suntech Power Co., Ltd. The Department preliminarily finds that the
mandatory respondent Yingli Energy (China) Company Limited sold subject
merchandise in the United States at prices below normal value (``NV'')
during the POR and that Wuxi Suntech Power Co., Ltd., is not eligible
for a separate rate. Interested parties are invited to comment on these
preliminary results.
DATES: Effective Date: January 8, 2015.
FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Drew Jackson, 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-
0182 or (202) 482-4406, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by the 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.\1\
Merchandise covered by this review is classifiable under subheading
8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000
of the Harmonized Tariff Schedule of the United States (``HTSUS'').
Although the HTSUS subheadings are provided for convenience and customs
purposes, our written description of the scope of the order is
dispositive.
---------------------------------------------------------------------------
\1\ For a complete description of the scope of the order, see
``Decision Memorandum for the Preliminary Results of the 2012-2013
Antidumping Duty Administrative Review of Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules, from the
People's Republic of China'' from Gary Taverman, Associate Deputy
Assistant Secretary for Antidumping and Countervailing Operations,
to Paul Piquado, Assistant Secretary for Enforcement and Compliance,
issued concurrently with and hereby adopted by this notice
(``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
Based on an analysis of U.S. Customs and Border Protection
(``CBP'') information, and comments provided by a number of companies,
the Department preliminarily determines that 23 of the companies that
claimed no shipments during this POR did not have any reviewable
transactions during the POR.\2\ We found that two companies which
claimed no exports, sales or entries of subject merchandise during the
POR did, in fact, sell subject merchandise to the United States during
the POR. Neither of these companies filed a separate rate application
or certification and thus they have not established their entitlement
to a separate rate in this review. For additional information regarding
this determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\2\ We treated two companies which reported making no shipments
during the POR, Luoyang Suntech Power Co., Ltd. and Suntech Power
Co., Ltd., as part of a single entity together with the mandatory
respondent, Wuxi Suntech Power Co., Ltd. See the ``Preliminary
Affiliation and Single Entity Determination'' section of this
notice.
---------------------------------------------------------------------------
Consistent with an announced refinement to its assessment practice
in non-market economy (``NME'') cases, the Department is not rescinding
this review, in part, but intends to complete the review with respect
to the companies for which it has preliminarily found no shipments and
issue appropriate instructions to CBP based on the final results of the
review.\3\
---------------------------------------------------------------------------
\3\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and
the ``Assessment Rates'' section, below.
---------------------------------------------------------------------------
Preliminary Affiliation and Single Entity Determination
Based on record evidence, the Department preliminarily finds that
the mandatory respondent Yingli Energy (China) Company Limited is
affiliated with the following seven companies pursuant to section
771(33)(F) of the Tariff Act of 1930, as amended (``the Act''): (1)
Baoding Tianwei Yingli New Energy Resources Co., Ltd.; (2) Tianjin
Yingli New Energy Resources Co., Ltd.; (3) Hengshui Yingli New Energy
Resources Co., Ltd.; (4) Lixian Yingli New Energy Resources Co., Ltd.;
(5) Baoding Jiasheng Photovoltaic Technology Co., Ltd.; (6) Beijing
Tianneng Yingli New Energy Resources Co., Ltd.; and (7) Hainan Yingli
New Energy Resources Co., Ltd. (collectively ``Yingli''). Furthermore,
the Department preliminarily finds that the mandatory respondent Wuxi
Suntech Power Co., Ltd. is affiliated with the following three
companies pursuant to section 771(33)(F) of the Act: (1) Luoyang
Suntech Power Co., Ltd.; (2) Suntech Power Co., Ltd.; and (3) Wuxi
Sunshine Power Co., Ltd. (collectively, ``Wuxi Suntech Single
Entity''). In addition, based on the information presented in this
review, we preliminarily find that each of the mandatory respondents
and the respective companies listed above should be treated as a single
company for the purposes of this review pursuant to 19 CFR 351.401(f).
For additional information, see the Preliminary Decision Memorandum.
PRC-Wide Entity
Several companies for which the Department initiated this review
failed to respond to the Department's request for quantity and value
information. Therefore, these companies are not eligible for separate
rate status.\4\ Accordingly, the Department preliminarily finds that
the PRC-wide entity includes these companies. Furthermore, because
necessary information is not available on the record and the PRC-wide
entity withheld requested information, failed to provide information in
a timely manner and in the form requested, and significantly impeded
this proceeding, the Department relied on facts otherwise available
(``FA'') to determine the PRC-wide rate.\5\
---------------------------------------------------------------------------
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 79 FR
6147 (February 3, 2014) (``Furthermore, firms to which the
Department issues a Quantity and Value (``Q&V'') questionnaire in
the antidumping duty administrative review of solar cells and
modules from the PRC must submit a timely and complete response to
the Q&V questionnaire, in addition to a timely and complete Separate
Rate Application or Certification in order to receive consideration
for separate-rate status.'').
\5\ See Section 776(a) of the Act.
---------------------------------------------------------------------------
Additionally, the Department finds that the PRC-wide entity failed
to cooperate by not acting to the best of its ability to comply with a
request for information. Therefore, pursuant to section 776(b) of the
Act, the Department is using an adverse inference when selecting from
among the facts otherwise available. Thus, the Department is relying on
adverse facts available (``AFA'') in order to determine a margin for
the PRC-wide entity, pursuant to sections 776(a)(1), 776(a)(2)(A), (B),
(C) and 776(b) of the Act. For additional information, see the
Preliminary Decision Memorandum.
Verification
As provided in section 782(i) of the Act, the Department verified
information provided by Yingli. The Department conducted the
verification using standard verification procedures including the
examination of relevant sales and financial records and the selection
and review of original documentation containing relevant information.
The results of the
[[Page 1023]]
verification are outlined in the public version of the verification
reports. The verification reports will be on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (``ACCESS'').\6\ ACCESS is
available to registered users at https://access.trade.gov, and is
available to all parties in the Department's Central Records Unit,
located in room 7046 of the main Department of Commerce building.
---------------------------------------------------------------------------
\6\ On November 20, 2014, Enforcement and Compliance changed the
name of the Import Administration AD and CVD Centralized Electronic
Service System (``IA ACCESS'') to AD and CVD Centralized Electronic
Service System (``ACCESS''). The Web site location was changed from
https://iaaccess.trade.gov to https://access.trade.gov. See
Enforcement and Compliance; Change of Electronic Filing System Name,
79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------
Use of Partial Facts Available and Adverse Facts Available
Section 776(a) of the Act provides that the Department shall apply
FA if (1) necessary information is not on the record, or (2) an
interested party or any other person (A) withholds information that has
been requested, (B) fails to provide information within the deadlines
established, or in the form and manner requested by the Department,
subject to subsections (c)(1) and (e) of section 782 of the Act, (C)
significantly impedes a proceeding, or (D) provides information that
cannot be verified as provided by section 782(i) of the Act.
Section 776(b) of the Act further provides that the Department may
use an adverse inference in applying FA when a party has failed to
cooperate by not acting to the best of its ability to comply with a
request for information. Such an adverse inference may include reliance
on information derived from the petition, the final determination, a
previous administrative review, or other information placed on the
record.
Based on findings at verification, pursuant to sections 776(a) and
(b) of the Act, we are applying partial AFA to a portion of Yingli's
U.S. sales. Moreover, Yingli did not report FOP data from certain
suppliers or tollers based on the specific facts on the record of this
review. Thus, because necessary information is not available on the
record, and in accordance with section 776(a)(1) of the Act, the
Department is applying FA with respect to these unreported FOP data.
For details regarding these determinations, see the Preliminary
Decision Memorandum.
The Wuxi Suntech Single Entity's Separate Rate Status
Wuxi Sunshine, an exporter and member of the Wuxi Suntech Single
Entity, reported that certain shareholders are state-owned
companies.\7\ Because of the level of government ownership in Wuxi
Sunshine, and the control or potential to exercise control that such
ownership establishes, we preliminarily conclude that Wuxi Sunshine,
and thus the Wuxi Suntech Single Entity, does not satisfy the criteria
demonstrating an absence of de facto government control over export
activities.\8\ Consequently, we preliminarily determine that the Wuxi
Suntech Single Entity is ineligible for a separate rate.
---------------------------------------------------------------------------
\7\ See Wuxi Sunshine's April 4, 2014 Separate-Rate Application
at 11. The details regarding Wuxi Sunshine's ownership by the PRC
government is business proprietary information and may not be
publically disclosed. For further information regarding the
Department's separate rate analysis, see Memorandum to Abdelali
Elouaradia, Director, Office IV, AD/CVD Operations from Drew
Jackson, International Trade Analyst, Office IV, AD/CVD Operations,
regarding, ``Antidumping Duty Review of Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules, from the
People's Republic of China: Wuxi Suntech Single Entity Separate Rate
Analysis,'' dated December 31, 2014 (``Wuxi Suntech Separate Rate
Memorandum'').
\8\ Id.
---------------------------------------------------------------------------
Rate for Separate-Rate Companies Not Individually Examined
The statute and the Department's regulations do not address the
establishment of a rate to be applied to individual respondents not
selected for examination when the Department limits its examination in
an administrative review pursuant to section 777A(c)(2)(B) of the Act.
Generally, the Department looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
investigation, for guidance when calculating the rate for respondents
which we did not examine in an administrative review. Section
735(c)(5)(A) of the Act articulates a preference that we are not to
calculate an all-others rate using rates which are zero, de minimis or
based entirely on facts available. Accordingly, the Department's usual
practice has been to average the weighted-average dumping margins for
the selected companies, excluding rates that are zero, de minimis, or
based entirely on facts available.\9\ Because we preliminarily
determine that the Wuxi Suntech Single Entity is ineligible for a
separate rate, the Department assigned to the companies that it did not
individually examine, but which demonstrated their eligibility for a
separate rate, a margin calculated for mandatory respondent Yingli.
---------------------------------------------------------------------------
\9\ See Ball Bearings and Parts Thereof From France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR
52823, 52824 (September 11. 2008), and accompanying Issues and
Decision Memorandum at Comment 16.
---------------------------------------------------------------------------
Methodology
The Department conducted this review in accordance with section
751(a)(1)(B) of the Act. The Department calculated export prices and
constructed export prices in accordance with section 772 of the Act.
Given that the PRC is a NME country, within the meaning of section
771(18) of the Act, the Department calculated NV in accordance with
section 773(c) of the Act.
For a full description of the methodology underlying the
preliminary results of this review, see the Preliminary Decision
Memorandum. The Preliminary Decision Memorandum is a public document
and is made available to the public via ACCESS. In addition, a complete
version of the Preliminary Decision Memorandum can be found at https://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margin
(Percent)
------------------------------------------------------------------------
Yingli Energy (China) Company Limited/Baoding Tianwei 1.82
Yingli New Energy Resources Co., Ltd./Tianjin Yingli
New Energy Resources Co., Ltd./Hengshui Yingli New
Energy Resources Co., Ltd./Lixian Yingli New Energy
Resources Co., Ltd./Baoding Jiasheng Photovoltaic
Technology Co., Ltd./Beijing Tianneng Yingli New
Energy Resources Co., Ltd./Hainan Yingli New Energy
Resources Co., Ltd..................................
Canadian Solar International Limited................. 1.82
[[Page 1024]]
Canadian Solar Manufacturing (Changshu) Inc.......... 1.82
Canadian Solar Manufacturing (Luoyang) Inc........... 1.82
Changzhou Trina Solar Energy Co., Ltd./Trina Solar 1.82
(Changzhou) Science and Technology Co., Ltd.\10\....
Chint Solar (Zhejiang) Co., Ltd...................... 1.82
De-Tech Trading Limited HK........................... 1.82
Eoplly New Energy Technology Co., Ltd................ 1.82
Hangzhou Zhejiang University Sunny Energy Science and 1.82
Technology Co., Ltd.................................
Jinko Solar Import and Export Co., Ltd............... 1.82
LDK Solar Hi-tech (Nanchang) Co., Ltd................ 1.82
Ningbo Qixin Solar Electrical Appliance Co., Ltd..... 1.82
Renesola Jiangsu Ltd................................. 1.82
Shanghai BYD Co., Ltd................................ 1.82
Shenzhen Topray Solar Co. Ltd........................ 1.82
Sopray Energy Co., Ltd............................... 1.82
Star Power International Limited..................... 1.82
Sun Earth Solar Power Co., Ltd....................... 1.82
Yingli Green Energy Holding Company Limited.......... 1.82
Yingli Green Energy International Trading Company 1.82
Limited.............................................
Zhejiang Sunflower Light Energy Science & Technology 1.82
Limited Liability Company...........................
PRC-Wide Entity \11\................................. \12\ 238.56
------------------------------------------------------------------------
Disclosure and Public Comment
---------------------------------------------------------------------------
\10\ In the investigation in this proceeding, the Department
treated Changzhou Trina Solar Energy Co., Ltd. and Trina Solar
(Changzhou) Science & Technology Co., Ltd. as a single entity. 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). Absent information to the contrary, the
Department has continued to treat these companies as a single entity
for purposes of this review.
\11\ The PRC-wide entity includes the following companies: (1)
Changzhou NESL Solartech Co., Ltd.; (2) CSG PVTech Co., Ltd. (3) Era
Solar Co., Ltd.; (4) Innovosolar; (5) Jiangsu Sunlink PV Technology
Co., Ltd.; (6) Jiawei Solarchina Co., Ltd.; (7) Jinko Solar Co.,
Ltd.; (8) LDK Solar Hi-tech (Suzhou) Co., Ltd.; (9) Leye
Photovoltaic Co., Ltd.; (10) Magi Solar Technology; (11) Ningbo ETDZ
Holdings, Ltd.; (12) ReneSola; (13) Shanghai Machinery Complete
Equipment (Group) Corp., Ltd.; (14) Shenglong PV-Tech; (15)
Solarbest Energy-Tech (Zhejiang) Co., Ltd.; (16) Suzhou Shenglong
PV-TECH Co., Ltd.; (17) Zhejiang Shuqimeng Photovoltaic Technology
Co., Ltd.; (18) Zhejiang Xinshun Guangfu Science and Technology Co.,
Ltd.; (19) Zhejiang ZG-Cells Co., Ltd.; (20) Zhiheng Solar Inc.;
(21) Wuxi Suntech Power Co., Ltd./Luoyang Suntech Power Co., Ltd./
Suntech Power Co., Ltd./Wuxi Sunshine Power Co. Ltd. In addition,
the PRC-wide entity includes the companies listed in Appendix II of
the notice Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules From the People's Republic of China: Amended
Partial Rescission of Antidumping Duty Administrative Review, 79 FR
43713 (July 28, 2014).
\12\ This PRC-wide entity rate equals the PRC-wide entity rate
of 249.96% adjusted for export subsidies and estimated domestic
subsidy pass-through.
---------------------------------------------------------------------------
The Department intends to disclose to parties the calculations
performed for these preliminary results of review within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). Interested parties may submit case briefs no later than 30
days after the date of publication of these preliminary results of
review.\13\ Rebuttal briefs may be filed no later than five days after
case briefs are due and may respond only to arguments raised in the
case briefs.\14\ A table of contents, list of authorities used, and an
executive summary of issues should accompany any briefs submitted to
the Department. The summary should be limited to five pages total,
including footnotes.
---------------------------------------------------------------------------
\13\ See 19 CFR 351.309(c)(ii).
\14\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, within 30 days after the date
of publication of this notice.\15\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. Oral argument presentations will be
limited to issues raised in the briefs. If a request for a hearing is
made, the Department intends to hold the hearing at the U.S. Department
of Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230, at a date and time to be determined.\16\ Parties should confirm
by telephone the date, time, and location of the hearing two days
before the scheduled date.
---------------------------------------------------------------------------
\15\ See 19 CFR 351.310(c).
\16\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
All submissions, with limited exceptions, must be filed
electronically using ACCESS.\17\ An electronically filed document must
be received successfully in its entirety by the Department's electronic
records system, ACCESS, by 5 p.m. Eastern Time (``ET'') on the due
date. Documents excepted from the electronic submission requirements
must be filed manually (i.e., in paper form) with the APO/Dockets Unit
in Room 1870 and stamped with the date and time of receipt by 5 p.m. ET
on the due date.\18\
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\17\ See generally 19 CFR 351.303.
\18\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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Unless otherwise extended, the Department intends to issue the
final results of this administrative review, which will include the
results of its analysis of issues raised in any briefs, within 120 days
of publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of this review, the Department
will determine, and CBP shall assess, antidumping duties on all
appropriate entries covered by this review.\19\ The Department intends
to issue assessment instructions to CBP 15 days after the publication
date of the final results of this review. For each individually
examined respondent in this review whose weighted-average dumping
margin in the final results of review is above de minimis (i.e.,
greater than or equal to 0.5 percent), the Department intends to
calculate importer- (or customer)-specific assessment rates, in
accordance with 19 CFR 351.212(b)(1).\20\ Where the respondent reported
reliable
[[Page 1025]]
entered values, the Department intends to calculate importer- (or
customer)-specific ad valorem rates by aggregating the dumping margins
calculated for all U.S. sales to the importer- (or customer) and
dividing this amount by the total entered value of the sales to the
importer- (or customer).\21\ Where the Department calculates an
importer- (or customer)-specific weighted-average dumping margin by
dividing the total amount of dumping for reviewed sales to the
importer- (or customer) by the total sales quantity associated with
those transactions, the Department will direct CBP to assess importer-
(or customer)-specific assessment rates based on the resulting per-unit
rates.\22\ Where an importer- (or customer)- specific ad valorem or
per-unit rate is greater than de minimis, the Department will instruct
CBP to collect the appropriate duties at the time of liquidation. Where
either the respondent's weighted average dumping margin is zero or de
minimis, or an importer (or customer-) specific ad valorem or per-unit
rate is zero or de minimis, the Department will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\23\
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\19\ See 19 CFR 351.212(b)(1).
\20\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(``Final Modification'').
\21\ See 19 CFR 351.212(b)(1).
\22\ Id.
\23\ See Final Modification at 8103.
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On October 24, 2011, the Department announced a refinement to its
assessment practice in NME antidumping duty cases.\24\ Pursuant to this
refinement in practice, for entries that were not reported in the U.S.
sales database submitted by an exporter individually examined during
this review, the Department will instruct CBP to liquidate such entries
at the PRC-wide rate. Additionally, pursuant to this refinement, if the
Department determines that an exporter under review had no shipments of
the subject merchandise, any suspended entries that entered under that
exporter's case number will be liquidated at the PRC-wide rate.
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\24\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.
Cash Deposit Requirements
The Department will instruct CBP to require a cash deposit equal to
the weighted-average amount by which the normal value exceeds U.S.
price. The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date of
this notice, as provided by section 751(a)(2)(C) of the Act: (1) For
the exporters listed above, the cash deposit rate will be equal to the
weighted-average dumping margin established in the final results of
this review (except, if the rate is zero or de minimis, then the cash
deposit rate will be zero for that exporter); (2) for previously
investigated or reviewed PRC and non-PRC exporters not listed above
that have separate rates, the cash deposit rate will continue to be the
exporter-specific rate published for the most recently completed
segment of this proceeding; (3) for all PRC exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be the rate for the PRC-wide entity
and (4) for all non-PRC exporters of subject merchandise that have not
received their own rate, the cash deposit rate will be the rate
applicable to the PRC exporter that supplied that non-PRC exporter.
These deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a preliminary 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 POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: December 31, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No Shipments
5. Selection of Respondents
6. Single Entity Treatment
7. Discussion of the Methodology
a. NME Country
b. Separate Rates
c. The PRC-wide Entity
d. Use of Facts Available and AFA
e. Surrogate Country
f. Date of Sale
g. Fair Value Comparisons
h. U.S. Price
i. Normal Value
j. Section 777A(f) of the Act
k. Currency Conversion
8. Conclusion
[FR Doc. 2015-00098 Filed 1-7-15; 8:45 am]
BILLING CODE 3510-DS-P
