Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Initiation of Changed Circumstances Review, 15568-15569 [2015-06750]

Download as PDF 15568 Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Notices accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), those issues may not be the subject of formal action during this meeting. Actions will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council’s intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies, Executive Director, at (978) 465–0492, at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. Dated: March 19, 2015. William D. Chappell, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. FOR FURTHER INFORMATION CONTACT: Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465–0492. SUPPLEMENTARY INFORMATION: The items of discussion on the agenda are: The group will continue development of the white paper, Toward Implementation of Electronic Monitoring in groundfish fishery sectors. The group will also discuss recommendations. Other business will be discussed as necessary. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during these meetings. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the MagnusonStevens Act, provided the public has been notified of the Council’s intent to take final action to address the emergency. [FR Doc. 2015–06659 Filed 3–23–15; 8:45 am] Special Accommodations BILLING CODE 3510–22–P This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies, Executive Director, at (978) 465–0492, at least 5 days prior to the meeting date. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XD854 Authority: 16 U.S.C. 1801 et seq. New England Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public meeting. AGENCY: The New England Fishery Management Council (Council) is scheduling a public meeting of its Electronic Monitoring Working Group to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate. DATES: This meeting will be held on Wednesday, April 8, 2015 at 9:30 a.m. ADDRESSES: Meeting address: The meeting will be held at the NOAA Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930; telephone: (978) 281–9300; fax: (978) 281–9333. Council address: New England Fishery Management Council, 50 Water Street Mill 2, Newburyport, MA 01950. mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 01:09 Mar 24, 2015 Jkt 235001 Dated: March 19, 2015. William D. Chappell, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015–06660 Filed 3–23–15; 8:45 am] BILLING CODE 3510–22–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: Initiation of Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the ‘‘Department’’) received information sufficient to warrant initiation of a changed circumstances 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 China (‘‘PRC’’). Based on a AGENCY: PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 request from Neo Solar Power Corporation (‘‘Neo Solar’’), DelSolar Co., Ltd. (‘‘DelSolar Taiwan’’), and DelSolar (Wujiang) Ltd. (‘‘DelSolar Wujiang’’), the Department intends to determine, for purposes of the antidumping duty order on solar cells from the PRC, whether Neo Solar is the successor-ininterest to DelSolar Taiwan, an exporter assigned an exporter-producer rate in the investigation in this proceeding. DATES: Effective March 24, 2015. FOR FURTHER INFORMATION CONTACT: Erin Kearney or Howard Smith, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0167 or (202) 482– 5193, respectively. SUPPLEMENTARY INFORMATION: Background On December 7, 2012, the Department published a notice of the Order in the solar cells proceeding in the Federal Register.1 On February 4, 2015, NeoSolar, DelSolar Taiwan, and DelSolar Wujiang requested that the Department conduct an expedited changed circumstances review pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (‘‘the Act’’), and section 351.216(b) of the Department’s regulations, to determine that Neo Solar is the successor-in-interest to DelSolar Taiwan for purposes of the Order. In their request, Neo Solar, DelSolar Taiwan, and DelSolar Wujiang provided lists of shareholders, managers, and boards of directors of Neo Solar and DelSolar Taiwan, business licenses of DelSolar Taiwan and DelSolar Wujiang, and a merger agreement and press release describing the merger of Neo Solar and DelSolar Taiwan. On March 6, 2015, SolarWorld Americas, Inc. (‘‘SolarWorld’’), the petitioner in the underlying investigation, submitted comments on the changed circumstances review request. SolarWorld stated that the Department should reject the request for a changed circumstances review because Neo Solar failed to establish that it is eligible for a separate rate and that it operates as the same business entity as DelSolar Taiwan. SolarWorld stated that if the Department initiates a changed circumstances review with respect to Neo Solar, the Department 1 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) (‘‘Order’’) E:\FR\FM\24MRN1.SGM 24MRN1 Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES should require Neo Solar to provide additional information about its company operations before making a preliminary successor-in-interest determination. Scope of the Order The merchandise covered by this order is crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials. This order covers 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. Merchandise under consideration may be described at the time of importation as parts for final finished products that are assembled after importation, including, but not limited to, modules, laminates, panels, building-integrated modules, buildingintegrated panels, or other finished goods kits. Such parts that otherwise meet the definition of merchandise under consideration are included in the scope of this order. Excluded from the scope of this order 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 order are crystalline silicon photovoltaic cells, not exceeding 10,000 mm2 in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cell. Where more than one cell is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all cells that are integrated into the consumer good. Modules, laminates, and panels produced in a third-country from cells produced in the PRC are covered by this order; however, modules, laminates, and panels produced in the PRC from cells produced in a third-country are not covered by this order. Merchandise covered by this order is currently classified in the Harmonized VerDate Sep<11>2014 01:09 Mar 24, 2015 Jkt 235001 Tariff System of the United States (‘‘HTSUS’’) under subheadings 8501.61.0000, 8507.20.80, 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 order is dispositive. Initiation of Changed Circumstances Review Pursuant to section 751(b) of the Act, the Department will conduct a changed circumstances review upon receipt of a request from an interested party which shows changed circumstances sufficient to warrant a review of an order. In accordance with section 751(b) of the Act and 19 CFR 351.216(d), the Department determines that the information submitted by Neo Solar, DelSolar Taiwan, and DelSolar Wujiang constitutes sufficient evidence to conduct a changed circumstances review of the Order.2 In a changed circumstances review involving a successor-in-interest determination, the Department typically examines several factors including, but not limited to, changes in: (1) Management; (2) production facilities; (3) supplier relationships; and (4) customer base.3 While no single factor or combination of factors will necessarily be dispositive, the Department generally will consider the new company to be the successor to the predecessor if the resulting operations are essentially the same as those of the predecessor company.4 Thus, if the record demonstrates that, with respect to the production and sale of the subject merchandise, the new company operates as the same business entity as the predecessor company, the Department may assign the new company the cash deposit rate of its predecessor.5 After reviewing the information provided in the request for a changed circumstances review, we determined that Neo Solar, DelSolar Taiwan, and DelSolar Wujiang provided sufficient evidence to warrant a review to determine if Neo Solar is the successorin-interest to DelSolar Taiwan. Therefore, pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), we are initiating a changed circumstances 2 See also 19 CFR 351.221. e.g., Diamond Sawblades and Parts Thereof From the People’s Republic of China: Final Results and Termination, in Part, of the Antidumping Duty Changed Circumstances Review, 76 FR 64898 (October 19, 2011); Certain Pasta from Turkey: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 74 FR 26373 (June 2, 2009). 4 Id. 5 Id. 3 See, PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 15569 review. However, we also determined that there is a need to issue a questionnaire to gather additional information, as provided for by 19 CFR 351.221(b)(2), before issuing a preliminary determination in this review. Therefore, the Department is not conducting this review on an expedited basis by publishing the preliminary results in conjunction with this notice of initiation. The Department will issue the preliminary results of this changed circumstances review, in accordance with 19 CFR 351.221(b)(4) and 19 CFR 351.221(c)(3), which will set forth the factual and legal conclusions upon which the preliminary results are based, and a description of any action proposed because of those results. Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity to comment on the preliminary results of the review. In accordance with 19 CFR 351.216(e), the Department will issue the final results of its AD changed circumstance review within 270 days after the date on which the review is initiated. During the course of this changed circumstances review, we will not change the cash deposit requirements for the merchandise subject to review. The cash deposit will only be altered, if warranted, pursuant to the final results of this review. This initiation notice is published in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216(b) and 351.221(b)(1). Dated: March 18, 2015. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015–06750 Filed 3–23–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Economic Survey of Gulf of Mexico (GOM) Dealers Associated With the Gulf of Mexico (GOM) Grouper-Tilefish Individual Fishing Quota (GT–IFQ) Program National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. AGENCY: The Department of Commerce, as part of its continuing effort to reduce paperwork and SUMMARY: E:\FR\FM\24MRN1.SGM 24MRN1

Agencies

[Federal Register Volume 80, Number 56 (Tuesday, March 24, 2015)]
[Notices]
[Pages 15568-15569]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06750]


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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: Initiation of 
Changed Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') received 
information sufficient to warrant initiation of a changed circumstances 
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 China (``PRC''). Based on a 
request from Neo Solar Power Corporation (``Neo Solar''), DelSolar Co., 
Ltd. (``DelSolar Taiwan''), and DelSolar (Wujiang) Ltd. (``DelSolar 
Wujiang''), the Department intends to determine, for purposes of the 
antidumping duty order on solar cells from the PRC, whether Neo Solar 
is the successor-in-interest to DelSolar Taiwan, an exporter assigned 
an exporter-producer rate in the investigation in this proceeding.

DATES: Effective March 24, 2015.

FOR FURTHER INFORMATION CONTACT: Erin Kearney or Howard Smith, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0167 or (202) 482-5193, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 7, 2012, the Department published a notice of the Order 
in the solar cells proceeding in the Federal Register.\1\ On February 
4, 2015, NeoSolar, DelSolar Taiwan, and DelSolar Wujiang requested that 
the Department conduct an expedited changed circumstances review 
pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(``the Act''), and section 351.216(b) of the Department's regulations, 
to determine that Neo Solar is the successor-in-interest to DelSolar 
Taiwan for purposes of the Order. In their request, Neo Solar, DelSolar 
Taiwan, and DelSolar Wujiang provided lists of shareholders, managers, 
and boards of directors of Neo Solar and DelSolar Taiwan, business 
licenses of DelSolar Taiwan and DelSolar Wujiang, and a merger 
agreement and press release describing the merger of Neo Solar and 
DelSolar Taiwan.
---------------------------------------------------------------------------

    \1\ 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) (``Order'')
---------------------------------------------------------------------------

    On March 6, 2015, SolarWorld Americas, Inc. (``SolarWorld''), the 
petitioner in the underlying investigation, submitted comments on the 
changed circumstances review request. SolarWorld stated that the 
Department should reject the request for a changed circumstances review 
because Neo Solar failed to establish that it is eligible for a 
separate rate and that it operates as the same business entity as 
DelSolar Taiwan. SolarWorld stated that if the Department initiates a 
changed circumstances review with respect to Neo Solar, the Department

[[Page 15569]]

should require Neo Solar to provide additional information about its 
company operations before making a preliminary successor-in-interest 
determination.

Scope of the Order

    The merchandise covered by this order is crystalline silicon 
photovoltaic cells, and modules, laminates, and panels, consisting of 
crystalline silicon photovoltaic cells, whether or not partially or 
fully assembled into other products, including, but not limited to, 
modules, laminates, panels and building integrated materials.
    This order covers 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.
    Merchandise under consideration may be described at the time of 
importation as parts for final finished products that are assembled 
after importation, including, but not limited to, modules, laminates, 
panels, building-integrated modules, building-integrated panels, or 
other finished goods kits. Such parts that otherwise meet the 
definition of merchandise under consideration are included in the scope 
of this order.
    Excluded from the scope of this order 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 order are crystalline silicon 
photovoltaic cells, not exceeding 10,000 mm\2\ in surface area, that 
are permanently integrated into a consumer good whose function is other 
than power generation and that consumes the electricity generated by 
the integrated crystalline silicon photovoltaic cell. Where more than 
one cell is permanently integrated into a consumer good, the surface 
area for purposes of this exclusion shall be the total combined surface 
area of all cells that are integrated into the consumer good.
    Modules, laminates, and panels produced in a third-country from 
cells produced in the PRC are covered by this order; however, modules, 
laminates, and panels produced in the PRC from cells produced in a 
third-country are not covered by this order.
    Merchandise covered by this order is currently classified in the 
Harmonized Tariff System of the United States (``HTSUS'') under 
subheadings 8501.61.0000, 8507.20.80, 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 order is 
dispositive.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b) of the Act, the Department will conduct 
a changed circumstances review upon receipt of a request from an 
interested party which shows changed circumstances sufficient to 
warrant a review of an order. In accordance with section 751(b) of the 
Act and 19 CFR 351.216(d), the Department determines that the 
information submitted by Neo Solar, DelSolar Taiwan, and DelSolar 
Wujiang constitutes sufficient evidence to conduct a changed 
circumstances review of the Order.\2\
---------------------------------------------------------------------------

    \2\ See also 19 CFR 351.221.
---------------------------------------------------------------------------

    In a changed circumstances review involving a successor-in-interest 
determination, the Department typically examines several factors 
including, but not limited to, changes in: (1) Management; (2) 
production facilities; (3) supplier relationships; and (4) customer 
base.\3\ While no single factor or combination of factors will 
necessarily be dispositive, the Department generally will consider the 
new company to be the successor to the predecessor if the resulting 
operations are essentially the same as those of the predecessor 
company.\4\ Thus, if the record demonstrates that, with respect to the 
production and sale of the subject merchandise, the new company 
operates as the same business entity as the predecessor company, the 
Department may assign the new company the cash deposit rate of its 
predecessor.\5\
---------------------------------------------------------------------------

    \3\ See, e.g., Diamond Sawblades and Parts Thereof From the 
People's Republic of China: Final Results and Termination, in Part, 
of the Antidumping Duty Changed Circumstances Review, 76 FR 64898 
(October 19, 2011); Certain Pasta from Turkey: Notice of Final 
Results of Antidumping Duty Changed Circumstances Review, 74 FR 
26373 (June 2, 2009).
    \4\ Id.
    \5\ Id.
---------------------------------------------------------------------------

    After reviewing the information provided in the request for a 
changed circumstances review, we determined that Neo Solar, DelSolar 
Taiwan, and DelSolar Wujiang provided sufficient evidence to warrant a 
review to determine if Neo Solar is the successor-in-interest to 
DelSolar Taiwan. Therefore, pursuant to section 751(b)(1) of the Act 
and 19 CFR 351.216(d), we are initiating a changed circumstances 
review. However, we also determined that there is a need to issue a 
questionnaire to gather additional information, as provided for by 19 
CFR 351.221(b)(2), before issuing a preliminary determination in this 
review. Therefore, the Department is not conducting this review on an 
expedited basis by publishing the preliminary results in conjunction 
with this notice of initiation.
    The Department will issue the preliminary results of this changed 
circumstances review, in accordance with 19 CFR 351.221(b)(4) and 19 
CFR 351.221(c)(3), which will set forth the factual and legal 
conclusions upon which the preliminary results are based, and a 
description of any action proposed because of those results. Pursuant 
to 19 CFR 351.221(b)(4)(ii), interested parties will have an 
opportunity to comment on the preliminary results of the review. In 
accordance with 19 CFR 351.216(e), the Department will issue the final 
results of its AD changed circumstance review within 270 days after the 
date on which the review is initiated.
    During the course of this changed circumstances review, we will not 
change the cash deposit requirements for the merchandise subject to 
review. The cash deposit will only be altered, if warranted, pursuant 
to the final results of this review.
    This initiation notice is published in accordance with sections 
751(b)(1) and 777(i) of the Act and 19 CFR 351.216(b) and 
351.221(b)(1).

    Dated: March 18, 2015.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2015-06750 Filed 3-23-15; 8:45 am]
BILLING CODE 3510-DS-P
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