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]

Download as PDF 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. VerDate Sep<11>2014 17:07 Jan 07, 2015 Jkt 235001 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 VerDate Sep<11>2014 17:07 Jan 07, 2015 Jkt 235001 registered users at http:// 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 http:// enforcement.trade.gov/frn/index.html. 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 http:// iaaccess.trade.gov to http://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 08JAN1 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 VerDate Sep<11>2014 17:07 Jan 07, 2015 Jkt 235001 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]


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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 http://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 http://enforcement.trade.gov/frn/index.html. 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 http://iaaccess.trade.gov to http://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.
---------------------------------------------------------------------------

    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\
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    \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).
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    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.
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    \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