Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2012; and Partial Rescission of Countervailing Duty Administrative Review, 1019-1021 [2015-00110]
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1019
Federal Register / Vol. 80, No. 5 / Thursday, January 8, 2015 / Notices
published its affirmative Preliminary
Determination 5 in the Federal Register,
and before November 5, 2014, the date
on which the Department instructed
CBP to discontinue the suspension of
liquidation in accordance with section
703(d) of the Act. Section 703(d) of the
Act states that the suspension of
liquidation pursuant to a preliminary
determination may not remain in effect
for more than four months. Entries of
steel wire rod made on or after
November 5, 2014, and prior to the date
of publication of the ITC’s final
determination in the Federal Register
are not liable for assessment of CVDs,
due to the Department’s
discontinuation, effective November 5,
2014, of the suspension of liquidation.
With regard to the ITC’s negative
critical circumstances determination,
the Department will instruct CBP to lift
suspension and refund any cash
deposits of estimated CVDs for entries
on or after April 9, 2014 (i.e., 90 days
prior to the date of the Preliminary
Determination), but before July 8, 2014.
Correction to the Final Determination
In the Final Determination we
inadvertently omitted Benxi Iron & Steel
(Group) Co., Ltd. from the list of
companies comprising Benxi Beiying
Iron & Steel Import & Export Corp./
Benxi Beiying Iron & Steel (Group) Co.,
Ltd.4 Benxi Iron & Steel (Group) Co.,
Ltd. is properly included in the list of
affiliates in the ‘‘Suspension of
Liquidation’’ section of this notice.
tkelley on DSK3SPTVN1PROD with NOTICES
(i.e., products that contain by weight
one or more of the following elements:
0.1 percent or more of lead, 0.05 percent
or more of bismuth, 0.08 percent or
more of sulfur, more than 0.04 percent
of phosphorus, more than 0.05 percent
of selenium, or more than 0.01 percent
of tellurium). All products meeting the
physical description of subject
merchandise that are not specifically
excluded are included in this scope.
The products under order are
currently classifiable under subheadings
7213.91.3011, 7213.91.3015,
7213.91.3020, 7213.91.3093,
7213.91.4500, 7213.91.6000,
7213.99.0030, 7227.20.0030,
7227.20.0080, 7227.90.6010,
7227.90.6020, 7227.90.6030, and
7227.90.6035 of the HTSUS. Products
entered under subheadings
7213.99.0090 and 7227.90.6090 of the
HTSUS also may be included in this
scope if they meet the physical
description of subject merchandise
above. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive.
In accordance with section 706 of the
Act, the Department will direct CBP to
reinstitute the suspension of liquidation
of steel wire rod from the PRC, effective
the date of publication of the ITC’s
notice of final determination in the
Federal Register, and to assess, upon
further instruction by the Department
pursuant to section 706(a)(1) of the Act,
CVDs for each entry of the subject
merchandise in an amount based on the
net countervailable subsidy rates for the
subject merchandise. CBP must require,
at the same time as importers would
normally deposit estimated duties on
this merchandise, a cash deposit equal
to the rates listed below:
Countervailing Duty Order
In accordance with sections
705(b)(1)(A)(i) and 705(d) of the Act, the
ITC notified the Department of its final
determination that the industry in the
United States producing steel wire rod
is materially injured by reason of
subsidized imports of steel wire rod
from the PRC. Therefore, in accordance
with section 705(c)(2) of the Act, we are
publishing this CVD order.
Pursuant to section 706(a) of the Act,
the Department will direct U.S. Customs
and Border Protection (CBP) to assess,
upon further instruction by the
Department, CVDs on unliquidated
entries of steel wire rod entered, or
withdrawn from warehouse, for
consumption on or after July 8, 2014,
the date on which the Department
4 See Final Determination at 68859, and the
accompanying Issues and Decision Memorandum
for the Final Determination in the Countervailing
Duty Investigation of Carbon and Certain Alloy
Steel Wire Rod From the People’s Republic of China
at 1–2.
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Suspension of Liquidation
Frm 00006
Fmt 4703
Sfmt 4703
Subsidy rate
(percent)
Benxi Steel 6 .........................
Hebei Iron & Steel Co Ltd
Tangshan Branch ..............
All Others ..............................
193.31
178.46
185.89
Notification to Interested Parties
This notice constitutes the CVD order
with respect to steel wire rod from the
PRC pursuant to section 706(a) of the
Act. Interested parties may contact the
Department’s Central Records Unit,
Room 7046 of the main Commerce
Building, for copies of an updated list
of countervailing duty orders currently
in effect.
This order is issued and published in
accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
Dated: January 2, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2015–00095 Filed 1–7–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
5 See Carbon and Certain Alloy Steel Wire Rod
From the People’s Republic of China: Preliminary
Affirmative Countervailing Duty Determination,
Preliminary Affirmative Critical Circumstances
Determination, and Alignment of Final
Countervailing Duty Determination With Final
Antidumping Duty Determination, 79 FR 38490
(July 8, 2014) (Preliminary Determination).
6 Benxi Steel is comprised of: Benxi Beiying Iron
& Steel Group Import & Export Corp.; Benxi Beiying
Iron & Steel (Group) Co., Ltd.; Benxi Steel Group
Corporation; Beitai Iron & Steel (Group) Co., Ltd.;
Benxi Northern Steel Rolling Co., Ltd.; Benxi
Beifang Gaosu Steel Wire Rod Co., Ltd.; Benxi
Beitai Gaosu Steel Wire Rod Co., Ltd.; Benxi
Northern Steel Co., Ltd.; Benxi Beifang Second
Rolling Co., Ltd.; Benxi Beitai Ductile Iron Pipes
Co., Ltd.; Benxi Iron and Steel (Group) Metallurgy
Co., Ltd.; Benxi Iron and Steel (Group) Real Estate
Development Co., Ltd.; Benxi Iron & Steel (Group)
Co., Ltd.; Bei Tai Iron and Steel Group Imp. and
Exp. (Dalian) Co., Ltd.; and Bengang Steel Plate Co.,
Ltd.
PO 00000
Company
International Trade Administration
[C–570–980]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Preliminary Results of
Countervailing Duty Administrative
Review; 2012; and Partial Rescission
of Countervailing Duty Administrative
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
countervailing duty (CVD) order on
crystalline silicon photovoltaic cells,
whether or not assembled into modules
(Solar Cells), from the People’s Republic
of China (PRC). The period of review
(POR) is March 26, 2012, through
December 31, 2012. This review covers
multiple exporters/producers, two of
which are being individually reviewed
as mandatory respondents. We
preliminarily determine that Lightway
Green New Energy Co., Ltd. (Lightway),
Shanghai BYD Co. Ltd. (Shanghai BYD)
and its cross-owned affiliates received
countervailable subsidies during the
POR. Interested parties are invited to
comment on these preliminary results.
DATES: Effective Date: January 8, 2015.
AGENCY:
E:\FR\FM\08JAN1.SGM
08JAN1
1020
Federal Register / Vol. 80, No. 5 / Thursday, January 8, 2015 / Notices
Elfi
Blum-Page, Lingjun Wang, or Andrew
Huston, Office VII, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0197, (202) 482–2316, and (202)
482–4261, respectively.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Scope of the Investigation
The merchandise covered by this
investigation 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
tkelley on DSK3SPTVN1PROD with NOTICES
Methodology
The Department is conducting this
countervailing duty review in
accordance with section 751(a)(1)(A) of
the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs
found countervailable, we determine
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
confers a benefit to the recipient, and
that the subsidy is specific.2 For a full
description of the methodology
underlying our preliminary conclusions,
including our reliance, in part, on
adverse facts available pursuant to
sections 776(a) and (b) of the Act, see
the Preliminary Decision
Memorandum.3 The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS).4 ACCESS is available to
1 For a full description of the scope of the order,
see ‘‘Decision Memorandum for the Preliminary
Results of the Countervailing 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 Duty Operations
to Paul Piquado, Assistant Secretary for
Enforcement and Compliance (Preliminary Decision
Memorandum), dated concurrently with these
results and herby adopted by this notice.
2 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and, section 771(5A)
of the Act regarding specificity.
3 See Preliminary Decision Memorandum. A list
of topics discussed in the Preliminary Decision
Memorandum can be found as an appendix to this
notice.
4 On November 24, 2014, Enforcement and
Compliance changed the name of Enforcement and
Compliance’s AD and CVD Centralized Electonic
Service System (‘‘IA ACCESS’’) to AD and CVD
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17:07 Jan 07, 2015
Jkt 235001
registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Partial Rescission of the 2012
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. SolarWorld
Industries America, Inc. (Petitioner)
submitted the withdrawal of its review
request within the deadline set forth
under 19 CFR 351.213(d)(1). Therefore,
in accordance with 19 CFR
351.213(d)(1), the Department is
rescinding this review of the
countervailing duty order on solar cells
from the PRC with respect to the
companies listed in Appendix II. No
other party requested a review of any of
the companies listed in Appendix II.
The review will continue with respect
to the other companies for which a
review was requested: The mandatory
respondents Lightway and Shanghai
BYD, and the remaning companies not
selected for individual review, listed in
Appendix III.
Companies Not Selected for Individual
Review
For the companies not selected for
individual review (see Appendix III),
because the rates calculated for
Lightway and Shanghai BYD were above
de minimis and not based entirely on
facts available, we applied a subsidy
rate based on a weighted average of the
subsidy rates calculated for Lightway
and Shanghai BYD using publicly
ranged sales data submitted by
respondents.
Preliminary Results of Review
As a result of this review, we
preliminarily determine the
countervailable subsidy rates to be:
Centralized Electronic Service System (ACCESS).
The Web site location was changed from https://
iaaccess.trade.gov to https://access.trade.gov. The
Final Rule changing the references to the
Regulations can be found at 79 FR 69046
(November 20, 2014).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Company
Lightway Green New Energy
Co., Ltd .............................
Shanghai BYD Co. Ltd. and
its cross-owned affiliates 5
Remaining Companies Subject to Review 6 .................
Subsidy rate
(percent)
22.73
8.63
15.68
Disclosure and Public Comment
The Department intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of its public announcement.7
Interested parties may submit case and
rebuttal briefs, as well as request a
hearing.8 Interested parties may submit
written comments (case briefs) within
30 days of publication of the
preliminary results and rebuttal
comments (rebuttal briefs) within five
days after the time limit for filing case
briefs.9 Rebuttal briefs must be limited
to issues raised in the case briefs.10
Parties who submit case or rebuttal
briefs are requested to submit with the
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.11
Interested parties who wish to request
a hearing, or to participate if one is
requested, must do so within 30 days of
publication of these preliminary results
by submitting a written request to the
Assistant Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, using Enforcement and
Compliance’s ACCESS system.12
Requests should contain the party’s
name, address, and telephone number,
the number of participants, and a list of
the issues to be discussed. If a request
for a hearing is made, we will inform
parties of the scheduled date for the
hearing which will be held at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a time and
location to be determined.13 Parties
should confirm by telephone the date,
time, and location of the hearing. Issues
addressed at the hearing will be limited
to those raised in the briefs.14 All briefs
5 Cross owned affiliates are Shangluo BYD
Industrial Co., Ltd and BYD Company Limited, see
Letter to the Department from Shanghai BYD,
‘‘Crystalline Silicon Photovoltaic Products:
Reporting Companies and Affiliation Data,’’ (April
11, 2014).
6 See Appendix III.
7 See 19 CFR 351.224(b).
8 See 19 CFR 351.309(c)–(d), 19 CFR 351.310(c).
9 See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
10 See 19 CFR 351.309(d)(2).
11 See 19 CFR 351.309(c)(2) and (d)(2).
12 See 19 CFR 351.310(c).
13 See 19 CFR 351.310.
14 See 19 CFR 351.310(c).
E:\FR\FM\08JAN1.SGM
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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.
tkelley on DSK3SPTVN1PROD with NOTICES
Appendix I
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PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
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:
E:\FR\FM\08JAN1.SGM
08JAN1
]]>Agencies
[Federal Register Volume 80, Number 5 (Thursday, January 8, 2015)]
[Notices]
[Pages 1019-1021]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00110]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-980]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Preliminary Results
of Countervailing Duty Administrative Review; 2012; and Partial
Rescission of Countervailing Duty Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the countervailing duty (CVD) order on
crystalline silicon photovoltaic cells, whether or not assembled into
modules (Solar Cells), from the People's Republic of China (PRC). The
period of review (POR) is March 26, 2012, through December 31, 2012.
This review covers multiple exporters/producers, two of which are being
individually reviewed as mandatory respondents. We preliminarily
determine that Lightway Green New Energy Co., Ltd. (Lightway), Shanghai
BYD Co. Ltd. (Shanghai BYD) and its cross-owned affiliates received
countervailable subsidies during the POR. Interested parties are
invited to comment on these preliminary results.
DATES: Effective Date: January 8, 2015.
[[Page 1020]]
FOR FURTHER INFORMATION CONTACT: Elfi Blum-Page, Lingjun Wang, or
Andrew Huston, Office VII, AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-0197, (202) 482-2316, and (202) 482-4261,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The merchandise covered by this investigation 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\
---------------------------------------------------------------------------
\1\ For a full description of the scope of the order, see
``Decision Memorandum for the Preliminary Results of the
Countervailing 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 Duty
Operations to Paul Piquado, Assistant Secretary for Enforcement and
Compliance (Preliminary Decision Memorandum), dated concurrently
with these results and herby adopted by this notice.
---------------------------------------------------------------------------
Methodology
The Department is conducting this countervailing duty review in
accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as
amended (the Act). For each of the subsidy programs found
countervailable, we determine that there is a subsidy, i.e., a
financial contribution by an ``authority'' that confers a benefit to
the recipient, and that the subsidy is specific.\2\ For a full
description of the methodology underlying our preliminary conclusions,
including our reliance, in part, on adverse facts available pursuant to
sections 776(a) and (b) of the Act, see the Preliminary Decision
Memorandum.\3\ The Preliminary Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS).\4\ ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Central
Records Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\2\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and, section 771(5A) of the Act regarding specificity.
\3\ See Preliminary Decision Memorandum. A list of topics
discussed in the Preliminary Decision Memorandum can be found as an
appendix to this notice.
\4\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electonic 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.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------
Partial Rescission of the 2012 Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. SolarWorld Industries America,
Inc. (Petitioner) submitted the withdrawal of its review request within
the deadline set forth under 19 CFR 351.213(d)(1). Therefore, in
accordance with 19 CFR 351.213(d)(1), the Department is rescinding this
review of the countervailing duty order on solar cells from the PRC
with respect to the companies listed in Appendix II. No other party
requested a review of any of the companies listed in Appendix II. The
review will continue with respect to the other companies for which a
review was requested: The mandatory respondents Lightway and Shanghai
BYD, and the remaning companies not selected for individual review,
listed in Appendix III.
Companies Not Selected for Individual Review
For the companies not selected for individual review (see Appendix
III), because the rates calculated for Lightway and Shanghai BYD were
above de minimis and not based entirely on facts available, we applied
a subsidy rate based on a weighted average of the subsidy rates
calculated for Lightway and Shanghai BYD using publicly ranged sales
data submitted by respondents.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
countervailable subsidy rates to be:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Lightway Green New Energy Co., Ltd...................... 22.73
Shanghai BYD Co. Ltd. and its cross-owned affiliates \5\ 8.63
Remaining Companies Subject to Review \6\............... 15.68
------------------------------------------------------------------------
Disclosure and Public Comment
---------------------------------------------------------------------------
\5\ Cross owned affiliates are Shangluo BYD Industrial Co., Ltd
and BYD Company Limited, see Letter to the Department from Shanghai
BYD, ``Crystalline Silicon Photovoltaic Products: Reporting
Companies and Affiliation Data,'' (April 11, 2014).
\6\ See Appendix III.
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The Department intends to disclose to interested parties the
calculations performed in connection with this preliminary
determination within five days of its public announcement.\7\
Interested parties may submit case and rebuttal briefs, as well as
request a hearing.\8\ Interested parties may submit written comments
(case briefs) within 30 days of publication of the preliminary results
and rebuttal comments (rebuttal briefs) within five days after the time
limit for filing case briefs.\9\ Rebuttal briefs must be limited to
issues raised in the case briefs.\10\ Parties who submit case or
rebuttal briefs are requested to submit with the argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\11\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
\9\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
\10\ See 19 CFR 351.309(d)(2).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing, or to participate
if one is requested, must do so within 30 days of publication of these
preliminary results by submitting a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
using Enforcement and Compliance's ACCESS system.\12\ Requests should
contain the party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. If a request
for a hearing is made, we will inform parties of the scheduled date for
the hearing which will be held at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230, at a time and
location to be determined.\13\ Parties should confirm by telephone the
date, time, and location of the hearing. Issues addressed at the
hearing will be limited to those raised in the briefs.\14\ All briefs
[[Page 1021]]
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.
---------------------------------------------------------------------------
\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310.
\14\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
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.
Appendix I
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
Appendix II
1. Aiko Solar
2. Amplesun Solar
3. Boading Tianwei Yingli New Energy 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 III
1. Baoding Jiansheng Photovoltaic Technology Co., Ltd.
2. Boading Tianwei Yingli New Energy 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
