Certain Crystalline Silicon Photovoltaic Products From Taiwan: Antidumping Duty Order, 8596-8597 [2015-03179]
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8596
Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices
to require cash deposits equal to the
amounts indicated below. These
instructions suspending liquidation will
remain in effect until further notice.
Accordingly, effective on the date of
publication of the ITC’s final affirmative
injury determination, CBP will require,
at the same time as importers would
normally deposit estimated duties on
this subject merchandise, cash deposits
equal to the amounts indicated below: 19
Company
Subsidy rate
(percent) (ad
valorem)
products (‘‘certain solar products’’) from
Taiwan.
DATES: Effective Date: February 18,
2015.
FOR FURTHER INFORMATION CONTACT:
Charles Riggle or Magd Zalok AD/CVD
Operations, Enforcement and
Compliance, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0650 or (202) 482–
4162.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d)
27.64 and 777(i)(1) of the Tariff Act of 1930,
as amended (the ‘‘Act’’) and 19 CFR
49.21 351.210(c), on December 23, 2014, the
38.43
Department published an affirmative
final determination of sales at less than
Notifications to Interested Parties
fair value (‘‘LTFV’’) in the investigation
of certain solar products from Taiwan.1
This notice constitutes the
On February 5, 2015, the ITC notified
antidumping duty and countervailing
duty orders with respect to certain solar the Department of its affirmative
determinations that an industry in the
products from the PRC pursuant to
United States is materially injured
sections 736(a) and 706(a) of the Act.
within the meaning of section
Interested parties can find an updated
list of orders currently in effect by either 735(b)(1)(A)(i) of the Act by reason of
LTFV imports of certain solar products
visiting https://enforcement.trade.gov/
from the People’s Republic of China and
stats/iastats1.html or by contacting the
Taiwan.2
Department’s Central Records Unit,
Room 7046 of the main Commerce
Scope of the Order
Building.
The merchandise covered by this
These orders and the amended CVD
order is crystalline silicon photovoltaic
Final Determination are published in
accordance with sections 705(e), 706(a), cells, and modules, laminates and/or
panels consisting of crystalline silicon
736(a), and 777(i) of the Act, and 19
photovoltaic cells, whether or not
CFR 351.211(b) and 351.224(e).
partially or fully assembled into other
Dated: February 10, 2015.
products, including building integrated
Paul Piquado,
materials.
Assistant Secretary for Enforcement and
Subject merchandise includes
Compliance.
crystalline silicon photovoltaic cells of
[FR Doc. 2015–03183 Filed 2–17–15; 8:45 am]
thickness equal to or greater than 20
micrometers, having a p/n junction
BILLING CODE 3510–DS–P
formed by any means, whether or not
the cell has undergone other processing,
DEPARTMENT OF COMMERCE
including, but not limited to, cleaning,
etching, coating, and/or addition of
International Trade Administration
materials (including, but not limited to,
metallization and conductor patterns) to
[A–583–853]
collect and forward the electricity that
Certain Crystalline Silicon Photovoltaic is generated by the cell.
Modules, laminates, and panels
Products From Taiwan: Antidumping
produced in a third-country from cells
Duty Order
produced in Taiwan are covered by this
AGENCY: Enforcement and Compliance,
investigation. However, modules,
International Trade Administration,
laminates, and panels produced in
Department of Commerce.
Taiwan from cells produced in a thirdSUMMARY: Based on affirmative final
country are not covered by this
determinations by the Department of
investigation.
Commerce (the ‘‘Department’’) and the
International Trade Commission (the
1 See Certain Crystalline Silicon Photovoltaic
Products: Final Determination of Sales at Less Than
‘‘ITC’’), the Department is issuing an
Fair Value, 79 FR 76966 (December 23, 2014).
antidumping duty (‘‘AD’’) order on
2 See ITC Notification letter to the Deputy
certain crystalline silicon photovoltaic
Assistant Secretary for Enforcement and
emcdonald on DSK67QTVN1PROD with NOTICES
Wuxi Suntech Power Co.,
Ltd .....................................
Changzhou Trina Solar Energy Co., Ltd .....................
All Others ..............................
19 See
Compliance referencing ITC Investigation Nos. 701–
TA–511 and 731–TA–1246–1247 (Final).
section 706(a)(3) of the Act.
VerDate Sep<11>2014
19:32 Feb 17, 2015
Jkt 235001
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
Excluded from the scope of this
investigation are thin film photovoltaic
products produced from amorphous
silicon (a-Si), cadmium telluride (CdTe),
or copper indium gallium selenide
(CIGS). Also excluded from the scope of
this investigation are crystalline silicon
photovoltaic cells, not exceeding 10,000
mm2 in surface area, that are
permanently integrated into a consumer
good whose function is other than
power generation and that consumes the
electricity generated by the integrated
crystalline silicon photovoltaic cells.
Where more than one cell is
permanently integrated into a consumer
good, the surface area for purposes of
this exclusion shall be the total
combined surface area of all cells that
are integrated into the consumer good.
Further, also excluded from the scope
of this investigation are any products
covered by the existing antidumping
and countervailing duty orders on
crystalline silicon photovoltaic cells,
whether or not assembled into modules,
from the People’s Republic of China
(‘‘PRC’’).3 Also excluded from the scope
of this investigation are modules,
laminates, and panels produced in the
PRC from crystalline silicon
photovoltaic cells produced in Taiwan
that are covered by an existing
proceeding on such modules, laminates,
and panels from the PRC.
Merchandise covered by this
investigation is currently classified in
the Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) under
subheadings 8501.61.0000,
8507.20.8030, 8507.20.8040,
8507.20.8060, 8507.20.8090,
8541.40.6020, 8541.40.6030 and
8501.31.8000. These HTSUS
subheadings are provided for
convenience and customs purposes; the
written description of the scope of this
investigation is dispositive.
Antidumping Duty Order
As stated above, on February 5, 2015,
in accordance with section 735(d) of the
Act, the ITC notified the Department of
its final determination in its
investigation, in which it found that an
industry in the United States is
materially injured by reason of imports
of certain solar products from Taiwan.
Because the ITC determined that
imports of certain solar products from
3 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 77 FR 73018
(December 7, 2012); Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules,
From the People’s Republic of China:
Countervailing Duty Order, 77 FR 73017 (December
7, 2012).
E:\FR\FM\18FEN1.SGM
18FEN1
Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices
Taiwan are materially injuring a U.S.
industry, unliquidated entries of such
merchandise from Taiwan, entered or
withdrawn from warehouse, for
consumption are subject to the
assessment of antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, the Department will
direct U.S. Customs and Border
Protection (‘‘CBP’’) to assess, upon
further instruction by the Department,
antidumping duties equal to the amount
by which the normal value of the
merchandise exceeds the export price
(or constructed export price) of the
merchandise, for all relevant entries of
certain solar products from Taiwan.
These antidumping duties will be
assessed on unliquidated entries of
certain solar products from Taiwan
entered, or withdrawn from warehouse,
for consumption on or after July 31,
2014, the date of publication of the
preliminary determination,4 and which
are subject to the scope of this Order, as
described above. However, antidumping
duties will not be assessed on entries
occurring after the expiration of the
provisional measures period and before
publication of the ITC’s final injury
determination as further described
below.
emcdonald on DSK67QTVN1PROD with NOTICES
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will instruct
CBP to continue to suspend liquidation
on all entries of certain solar products
from Taiwan. These instructions
suspending liquidation will remain in
effect until further notice.
We will also instruct CBP to require
cash deposits at rates equal to the
estimated weighted-average dumping
margins indicated below. Accordingly,
effective on the date of publication of
the ITC’s final affirmative injury
determinations, CBP will require a cash
deposit at rates equal to the estimated
weighted-average dumping margins
listed below.5 The relevant all-others
rate for Taiwan, applies to all producers
or exporters not specifically listed.
Provisional Measures
Section 733(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months except where exporters
representing a significant proportion of
exports of the subject merchandise
4 See Certain Crystalline Silicon Photovoltaic
Products From Taiwan: Affirmative Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 79 FR 44395
(July 31, 2014) (‘‘Taiwan Prelim Determination’’).
5 See section 736(a)(3) of the Act.
VerDate Sep<11>2014
19:32 Feb 17, 2015
Jkt 235001
request the Department to extend that
four-month period to no more than six
months. At the request of exporters that
account for a significant proportion of
certain solar products from Taiwan, we
extended the four-month period to no
more than six months in this case.6 As
stated above, in the investigation
covering certain solar products from
Taiwan, the Department published the
preliminary determination on July 31,
2014. Therefore, the six-month period
beginning on the date of publication of
the preliminary determination ended on
January 27, 2015. Furthermore, section
737(b) of the Act states that definitive
duties are to begin on the date of
publication of the ITC’s final injury
determination.
Therefore, in accordance with section
733(d) of the Act and our practice, we
will instruct CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
antidumping duties, unliquidated
entries of certain solar products from
Taiwan, entered, or withdrawn from
warehouse, for consumption on or after
January 27, 2015, the date the
provisional measures expired, until and
through the day preceding the date of
publication of the ITC’s final injury
determination in the Federal Register.
Suspension of liquidation resumes on
the date of publication of the ITC’s final
determination in the Federal Register.
Estimated Weighted-Average Dumping
Margins
8597
Dated: February 10, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–03179 Filed 2–17–15; 8:45 am]
BILLING CODE 3510–DS–P
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: Notice of Correction to
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.
AGENCY:
DATES:
Effective Date: February 18,
2015.
FOR FURTHER INFORMATION CONTACT:
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) 482–4261.
SUPPLEMENTARY INFORMATION:
On January 8, 2015, the Department of
Commerce published in the Federal
Register its notice of preliminary results
and partial rescission for the
TAIWAN
countervailing duty administrative
review of crystalline silicon
Estimated
photovoltaic cells, whether or not
weightedassembled into modules, from the
average
Exporter or producer
People’s Republic of China for the
dumping
margin
period of review March 26, 2012,
(percent)
through December 31, 2012.1
Appendices to this notice, which listed
Gintech Energy Corporation
27.55
Motech Industries, Inc. .........
11.45 companies for which the administrative
All Others ..............................
19.50 review was rescinded and companies
for which the administrative review
would continue, inadvertently
Notifications to Interested Parties
contained certain errors and omissions.
This notice constitutes the AD order
Corrected versions of Appendix II,
with respect to certain solar products
listing companies for which the review
from Taiwan pursuant to section 736(a)
has been rescinded, and Appendix III,
of the Act. Interested parties can find a
listing companies for which the review
list of AD orders currently in effect at
will continue, not selected for
https://enforcement.trade.gov/stats/
individual review, are attached to this
iastats1.html.
1 See Crystalline Silicon Photovoltaic Cells,
This order is published in accordance
Whether or Not Assembled Into Modules, from the
with sections 736(a) of the Act and 19
People’s Republic of China: Preliminary Results of
CFR 351.211(b).
The estimated weighted-average
dumping margins are as follows:
6 See Taiwan Prelim Determination, 79 FR at
44396.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Countervailing Duty Administrative Review; 2012;
and Partial Rescission of Countervailing Duty
Administrative Review, 80 FR 1019 (January 8,
2015) (Preliminary Results).
E:\FR\FM\18FEN1.SGM
18FEN1
]]>Agencies
[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8596-8597]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03179]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-853]
Certain Crystalline Silicon Photovoltaic Products From Taiwan:
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the ``Department'') and the International Trade Commission
(the ``ITC''), the Department is issuing an antidumping duty (``AD'')
order on certain crystalline silicon photovoltaic products (``certain
solar products'') from Taiwan.
DATES: Effective Date: February 18, 2015.
FOR FURTHER INFORMATION CONTACT: Charles Riggle or Magd Zalok AD/CVD
Operations, Enforcement and Compliance, U.S. Department of Commerce,
14th Street and Constitution Avenue NW., Washington, DC 20230;
telephone: (202) 482-0650 or (202) 482-4162.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the ``Act'') and 19 CFR 351.210(c), on December
23, 2014, the Department published an affirmative final determination
of sales at less than fair value (``LTFV'') in the investigation of
certain solar products from Taiwan.\1\ On February 5, 2015, the ITC
notified the Department of its affirmative determinations that an
industry in the United States is materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of
certain solar products from the People's Republic of China and
Taiwan.\2\
---------------------------------------------------------------------------
\1\ See Certain Crystalline Silicon Photovoltaic Products: Final
Determination of Sales at Less Than Fair Value, 79 FR 76966
(December 23, 2014).
\2\ See ITC Notification letter to the Deputy Assistant
Secretary for Enforcement and Compliance referencing ITC
Investigation Nos. 701-TA-511 and 731-TA-1246-1247 (Final).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order is crystalline silicon
photovoltaic cells, and modules, laminates and/or panels consisting of
crystalline silicon photovoltaic cells, whether or not partially or
fully assembled into other products, including building integrated
materials.
Subject merchandise includes crystalline silicon photovoltaic cells
of thickness equal to or greater than 20 micrometers, having a p/n
junction formed by any means, whether or not the cell has undergone
other processing, including, but not limited to, cleaning, etching,
coating, and/or addition of materials (including, but not limited to,
metallization and conductor patterns) to collect and forward the
electricity that is generated by the cell.
Modules, laminates, and panels produced in a third-country from
cells produced in Taiwan are covered by this investigation. However,
modules, laminates, and panels produced in Taiwan from cells produced
in a third-country are not covered by this investigation.
Excluded from the scope of this investigation are thin film
photovoltaic products produced from amorphous silicon (a-Si), cadmium
telluride (CdTe), or copper indium gallium selenide (CIGS). Also
excluded from the scope of this investigation are crystalline silicon
photovoltaic cells, not exceeding 10,000 mm\2\ in surface area, that
are permanently integrated into a consumer good whose function is other
than power generation and that consumes the electricity generated by
the integrated crystalline silicon photovoltaic cells. Where more than
one cell is permanently integrated into a consumer good, the surface
area for purposes of this exclusion shall be the total combined surface
area of all cells that are integrated into the consumer good.
Further, also excluded from the scope of this investigation are any
products covered by the existing antidumping and countervailing duty
orders on crystalline silicon photovoltaic cells, whether or not
assembled into modules, from the People's Republic of China
(``PRC'').\3\ Also excluded from the scope of this investigation are
modules, laminates, and panels produced in the PRC from crystalline
silicon photovoltaic cells produced in Taiwan that are covered by an
existing proceeding on such modules, laminates, and panels from the
PRC.
---------------------------------------------------------------------------
\3\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People's Republic of China: Amended
Final Determination of Sales at Less Than Fair Value, and
Antidumping Duty Order, 77 FR 73018 (December 7, 2012); Crystalline
Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules,
From the People's Republic of China: Countervailing Duty Order, 77
FR 73017 (December 7, 2012).
---------------------------------------------------------------------------
Merchandise covered by this investigation is currently classified
in the Harmonized Tariff Schedule of the United States (``HTSUS'')
under subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040,
8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030 and
8501.31.8000. These HTSUS subheadings are provided for convenience and
customs purposes; the written description of the scope of this
investigation is dispositive.
Antidumping Duty Order
As stated above, on February 5, 2015, in accordance with section
735(d) of the Act, the ITC notified the Department of its final
determination in its investigation, in which it found that an industry
in the United States is materially injured by reason of imports of
certain solar products from Taiwan. Because the ITC determined that
imports of certain solar products from
[[Page 8597]]
Taiwan are materially injuring a U.S. industry, unliquidated entries of
such merchandise from Taiwan, entered or withdrawn from warehouse, for
consumption are subject to the assessment of antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act, the
Department will direct U.S. Customs and Border Protection (``CBP'') to
assess, upon further instruction by the Department, antidumping duties
equal to the amount by which the normal value of the merchandise
exceeds the export price (or constructed export price) of the
merchandise, for all relevant entries of certain solar products from
Taiwan. These antidumping duties will be assessed on unliquidated
entries of certain solar products from Taiwan entered, or withdrawn
from warehouse, for consumption on or after July 31, 2014, the date of
publication of the preliminary determination,\4\ and which are subject
to the scope of this Order, as described above. However, antidumping
duties will not be assessed on entries occurring after the expiration
of the provisional measures period and before publication of the ITC's
final injury determination as further described below.
---------------------------------------------------------------------------
\4\ See Certain Crystalline Silicon Photovoltaic Products From
Taiwan: Affirmative Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final Determination, 79 FR 44395
(July 31, 2014) (``Taiwan Prelim Determination'').
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation on all entries of
certain solar products from Taiwan. These instructions suspending
liquidation will remain in effect until further notice.
We will also instruct CBP to require cash deposits at rates equal
to the estimated weighted-average dumping margins indicated below.
Accordingly, effective on the date of publication of the ITC's final
affirmative injury determinations, CBP will require a cash deposit at
rates equal to the estimated weighted-average dumping margins listed
below.\5\ The relevant all-others rate for Taiwan, applies to all
producers or exporters not specifically listed.
---------------------------------------------------------------------------
\5\ See section 736(a)(3) of the Act.
---------------------------------------------------------------------------
Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. At the request of exporters that account for a significant
proportion of certain solar products from Taiwan, we extended the four-
month period to no more than six months in this case.\6\ As stated
above, in the investigation covering certain solar products from
Taiwan, the Department published the preliminary determination on July
31, 2014. Therefore, the six-month period beginning on the date of
publication of the preliminary determination ended on January 27, 2015.
Furthermore, section 737(b) of the Act states that definitive duties
are to begin on the date of publication of the ITC's final injury
determination.
---------------------------------------------------------------------------
\6\ See Taiwan Prelim Determination, 79 FR at 44396.
---------------------------------------------------------------------------
Therefore, in accordance with section 733(d) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of certain solar products from Taiwan, entered, or
withdrawn from warehouse, for consumption on or after January 27, 2015,
the date the provisional measures expired, until and through the day
preceding the date of publication of the ITC's final injury
determination in the Federal Register. Suspension of liquidation
resumes on the date of publication of the ITC's final determination in
the Federal Register.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
Taiwan
------------------------------------------------------------------------
Estimated
weighted-
Exporter or producer average
dumping margin
(percent)
------------------------------------------------------------------------
Gintech Energy Corporation.............................. 27.55
Motech Industries, Inc.................................. 11.45
All Others.............................................. 19.50
------------------------------------------------------------------------
Notifications to Interested Parties
This notice constitutes the AD order with respect to certain solar
products from Taiwan pursuant to section 736(a) of the Act. Interested
parties can find a list of AD orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
This order is published in accordance with sections 736(a) of the
Act and 19 CFR 351.211(b).
Dated: February 10, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-03179 Filed 2-17-15; 8:45 am]
BILLING CODE 3510-DS-P
