Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2012-2013, 40998-41003 [2015-17238]
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Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Notices
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[FR Doc. 2015–17235 Filed 7–13–15; 8:45 am]
BILLING CODE 3510–JT–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: Final Results of Antidumping
Duty Administrative Review and Final
Determination of No Shipments; 2012–
2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 8, 2015, the
Department of Commerce (the
‘‘Department’’) published its
Preliminary Results in the 2012–2013
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
China (‘‘PRC’’).1 The period of review
(‘‘POR’’) is May 25, 2012, through
November 30, 2013. This administrative
review covers two mandatory
respondents, Yingli Energy (China)
Company Limited and Wuxi Suntech
Power Co., Ltd. (‘‘Wuxi Suntech’’),
which was found to be ineligible for a
separate rate in the Preliminary Results.
Based on our analysis of the comments
received, we made certain changes to
our margin calculations for Yingli
Energy (China) Company Limited.
Additionally, we now find that Wuxi
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AGENCY:
1 See 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, 80 FR 1021 (January 8, 2015) (‘‘Preliminary
Results’’), and Memorandum to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, from Gary Taverman, Associate
Deputy Assistant Secretary for Antidumping and
Countervailing Operations, ‘‘Decision
Memorandum for the Preliminary Results of the
2012–2013 Antidumping Duty Administrative
Review of Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from the
People’s Republic of China’’ (‘‘Preliminary Decision
Memorandum’’), dated December 31, 2014.
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Suntech is eligible for a separate rate,
and have calculated a dumping margin
for Wuxi Suntech. The final dumping
margins for this review are listed in the
‘‘Final Results’’ section below.
DATES: Effective date: July 14, 2015.
FOR FURTHER INFORMATION CONTACT:
Brandon Farlander or Drew Jackson 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) 482–0182 or (202) 482–
4406, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 8, 2015, the Department
published its Preliminary Results in this
review. On January 22, 2015, Petitioner 2
submitted comments regarding the
preliminary margin calculation of the
companies that are considered as the
Yingli Single Entity in this final
determination including Yingli Energy
(China) Company Limited.3
On January 9, 2015, Wuxi Suntech
submitted a hearing request.4 On
February 9, 2015 Shanghai JA Solar
Technology Co., Ltd., JA Solar
Technology Yangzhou Co., Ltd. and
JingAo Solar Co., Ltd. submitted a
request to participate in any hearing
held by the Department in this review.5
2 Petitioner in this proceeding is SolarWorld
America, Inc.
3 See Letter to the Department from Petitioner,
‘‘Certain Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from the
People’s Republic of China: Comments on
Ministerial Errors in the Preliminary Results,’’
dated January 22, 2015. The Department
determined, pursuant to 19 CFR 351.401(f), that the
following affiliated companies should be treated as
a single entity: Yingli Energy (China) Company
Limited ; Baoding Tianwei Yingli New Energy
Resources Co., Ltd. (‘‘Tianwei Yingli’’); Tianjin
Yingli New Energy Resources Co., Ltd. (‘‘Tianjin
Yingli’’); Hengshui Yingli New Energy Resources
Co., Ltd. (‘‘Hengshui Yingli’’); Lixian Yingli New
Energy Resources Co., Ltd. (‘‘Lixian Yingli’’);
Baoding Jiasheng Photovoltaic Technology Co., Ltd.
(‘‘Jiasheng’’); Beijing Tianneng Yingli New Energy
Resources Co., Ltd. (‘‘Beijing Tianneng’’); Hainan
Yingli New Energy Resources Co., Ltd. (‘‘Hainan
Yingli’’) (collectively, the ‘‘Yingli Single Entity’’).
See Memorandum to Abdelali Elouaradia, Director,
AD/CVD Operations, Office IV, through Howard
Smith, AD/CVD Operations, Office IV, ‘‘Crystalline
Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People’s
Republic of China: Affiliation and Single Entity
Status,’’ dated December 31, 2014.
4 See Letter to the Department from Wuxi
Suntech, ‘‘Crystalline Silicon Photovoltaic Cells
from the People’s Republic of China: Request for
Hearing- Wuxi Suntech Power Co., Ltd.,’’ dated
January 9, 2015.
5 See Letter to the Department from Shanghai JA
Solar Technology Co., Ltd., JA Solar Technology
Yangzhou Co., Ltd. and JingAo Solar Co., Ltd.,
‘‘Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules, from the People’s
Republic of China: Hearing,’’ dated January 9, 2015.
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Petitioner submitted an untimely
hearing request on February 9, 2015,
which was rejected by the Department
in accordance with 19 CFR 351.302(d).6
On February 25, 2015, Petitioner
submitted an untimely request for
additional time to submit a hearing
request.7 The Department did not grant
Petitioner’s request.8 On May 18, 2015,
Wuxi Suntech withdrew its request for
a hearing.9 On June 1, 2015, the
Department notified interested parties
that it would not hold a hearing in this
administrative review.10
Between January 2015 and March
2015, the Department issued
supplemental questionnaires regarding
separate rates to, and received timely
responses from, the Wuxi Suntech
Single Entity.11 In March 2015, the
Department conducted verification of
the Wuxi Suntech Single Entity’s
separate rates information.
On March 23, 2015, the following
interested parties submitted case briefs:
(1) Petitioner; (2) Yingli Energy (China)
Company Limited;12 (3) Goal Zero, LLC;
6 See Letter to the File through Howard Smith,
Program Manager, AD/CVD Operations, Office IV
‘‘Rejection and Removal from the Record of
Untimely Filed Hearing Request,’’ dated March 3,
2015.
7 See Letter to the Department from Petitioner,
‘‘Crystalline Silicon Photovoltaic Cells, Whether Or
Not Assembled Into Modules, from the People’s
Republic of China: Request for Opportunity to
Submit Hearing Requests,’’ dated February 9, 2015.
8 See Letter to the Petitioner from the Department,
‘‘Antidumping Duty Administrative Review of
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules, from the People’s
Republic of China: Rejection and Removal from the
Record of Untimely Filed Hearing Request,’’ dated
March 3, 2015.
9 See Letter to the Department from Wuxi
Suntech, ‘‘Crystalline Silicon Photovoltaic Cells,
Whether Or Not Assembled into Modules, from the
People’s Republic of China: Withdraw of Request
for Hearing—Wuxi Suntech Power Co., Ltd.,’’ dated
May 18, 2015.
10 See Memorandum to All Interested Parties,
through Howard Smith, AD/CVD Operations, Office
IV, Administrative Review of the Antidumping
Duty Order on Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules,
from the People’s Republic of China; Withdrawal of
Hearing Request, dated June 1, 2015.
11 In the Preliminary Results, the Department
preliminarily found that the Wuxi Suntech Single
Entity included the following companies: Wuxi
Suntech; Luoyang Suntech Power Co., Ltd.
(‘‘Luoyang Suntech’’); Suntech Power Co., Ltd.
(‘‘Shanghai Suntech’’); and Wuxi Sunshine Power
Co. Ltd (‘‘Wuxi Sunshine’’). See Memorandum to
Abdelali Elouaradia, Director, AD/CVD Operations,
Office IV, through Howard Smith, Program
Manager, AD/CVD Operations. Office IV,
‘‘Affiliation and Single Entity Status of Wuxi
Suntech Power Co., Ltd.; Luoyang Suntech Power
Co., Ltd.; Suntech Power Co., Ltd.; and Wuxi
Sunshine Power Co., Ltd.,’’ dated December 31,
2014.
12 Yingli Energy (China) Company Limited’s case
and rebuttal briefs were submitted on behalf of
Yingli Green Energy Holding Company Limited and
Yingli Green Energy Americas, Inc., and their
affiliates, including Yingli Energy (China) Co., Ltd.
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(4) LDK Solar Hi-Tech (Nanchang) Co.
Ltd.; (5) Jiangsu Sunlink PV Technology
Co., Ltd.; (6) Years Solar Co. Ltd.; (7)
CSG PVTech Co., Ltd.; and (8) Shanghai
JA Solar Technology Co. Ltd, JA Solar
Technology Yangzhou Co., Ltd. and
JingAo Solar Co., Ltd. On March 25,
2015, Yingli Energy (China) Company
Limited alleged that Petitioner’s March
23, 2015 case brief contained untimely
filed new factual information,13 and on
March 27, 2015, Petitioner rebutted
these allegations.14 After considering
Yingli Energy (China) Company
Limited’s allegation, the Department did
not require Petitioner to redact its case
brief. On March 30, 2015, the
Department notified Yingli Energy
(China) Company Limited that its March
23, 2015 case brief contained untimely
filed new factual information. The
Department subsequently rejected the
case brief in accordance with 19 CFR
351.302(d)(1)(i) and 19 CFR
351.104(a)(2)(ii)(A) because it contained
untimely filed new factual information
but provided Yingli Energy (China)
Company Limited the opportunity to
resubmit its case brief with the new
factual information redacted.15 On
March 31, 2015, Yingli Energy (China)
Company Limited submitted comments
on the new factual information
allegation, and resubmitted its rejected
case brief.16 On March 30, 2015, the
following interested parties submitted
rebuttal briefs: (1) Petitioner; (2) Yingli
Energy (China) Company Limited; and,
(3) Wuxi Suntech. These case briefs and
rebuttal briefs did not include
comments regarding the separate-rate
status of the Wuxi Suntech Single
Entity, which was preliminarily found
to include the following companies: (1)
Wuxi Suntech, (2) Luoyang Suntech; (3)
Shanghai Suntech; and (4) Wuxi
and Baoding Tianwei Yingli New Energy Resources
Co., Ltd.
13 See Letter to the Department from Yingli
Energy (China) Company Limited, ‘‘Crystalline
Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules from the People’s
Republic of China: Request that the Department
Reject SolarWorld’s Case Brief,’’ dated May, 2015.
14 See Letter to the Department from Petitioner,
‘‘Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules, from the People’s
Republic of China: Response to Yingli’s Request to
Reject SolarWorld’s Case Brief,’’ dated May 27,
2015.
15 See Memorandum to The File through Howard
Smith, Program Manager, AD/CVD Operations,
Office IV, ‘‘Rejection from the Record of Untimely
Filed New Factual Information,’’ dated April 2,
2015.
16 See Letter from Yingli Energy (China) Company
Limited to the Department, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules from the People’s Republic of China:
Resubmission of Yingli’s Case Brief,’’ dated March
31, 2015.
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Sunshine.17 Subsequently, on May 8,
2015, and May 11, 2015, Wuxi Suntech
and Petitioner, respectively, submitted
case briefs regarding the separate-rate
status of the Wuxi Suntech Single
Entity. On May 13, 2015, the following
parties submitted rebuttal comments
related to the separate-rate status of the
Wuxi Suntech Single Entity: (1)
Petitioner; (2) Wuxi Suntech; (3)
Shanghai BYD Co., Ltd. and Shangluo
BYD Industrial Co., Ltd.; and (4)
Changzhou Trina Solar Energy Co., Ltd.
On April 28, 2015, the Department
extended the deadline for issuing these
final results of review by 60 days, until
July 7, 2015.18
Scope of the Order
The merchandise covered by the order
is crystalline silicon photovoltaic cells,
and modules, laminates, and panels,
consisting of crystalline silicon
photovoltaic cells, whether or not
partially or fully assembled into other
products, including, but not limited to,
modules, laminates, panels and building
integrated materials.19 Merchandise
covered by this review is classifiable
under subheading 8501.61.0000,
8507.20.80, 8541.40.6020, 8541.40.6030,
and 8501.31.8000 of the Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS
subheadings are provided for
convenience and customs purposes, our
written description of the scope of the
order is dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
17 See Memorandum to The File through Jeffrey
Pedersen, Acting Program Manager, AD/CVD
Operations, Office IV, ‘‘Administrative Review of
the Antidumping Duty Order on Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China;
Briefing Schedule,’’ dated February 27, 2015
(establishing a deadline for case briefs and rebuttal
briefs concerning all issues except the separate-rate
status of the Wuxi Suntech Single Entity).
18 See Memorandum to Edward Yang, Senior
Director, AD/CVD Operations, Office VII, through
Howard Smith, Acting Director, AD/CVD
Operations, Office IV, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into
Modules, from the People’s Republic of China:
Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,’’ dated
April 28, 2015.
19 For a complete description of the scope of the
order, see Memorandum from Edward Yang, Senior
Director, AD/CVD Operations, Office VII, to Paul
Piquado, Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for the Final
Results of the 2012–2013 Antidumping Duty
Administrative Review of Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into
Modules, from the People’s Republic of China,’’
(‘‘Issues and Decision Memorandum’’), dated
concurrently with this notice.
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40999
Decision Memorandum,20 which is
hereby adopted by this notice. A list of
the issues that parties raised, and to
which we responded in the Issues and
Decision Memorandum, follows as an
appendix to this notice. The Issues and
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’’). ACCESS is available to
registered users at https://
access.trade.gov and in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the Internet at
https://enforcement.trade.gov/frn/. The
paper copy and electronic version of the
Issues and Decision Memorandum are
identical in content.
Changes Since the Preliminary Results
Changes Specific to Wuxi Suntech
• Found that Wuxi Suntech and
Luoyang Suntech should be treated as a
single entity (the ‘‘Wuxi Luoyang Single
Entity.’’
• Found that the Wuxi Luoyang
Single Entity has established its
eligibility for a separate rate.
• Calculated a dumping margin for
the Wuxi Luoyang Single Entity.
Changes Specific to Yingli Energy
(China) Company Limited
• Revised surrogate value
calculations for certain direct materials,
labor, financial ratios, and movement
expenses.
• Revised certain material offsets.
• Revised the indirect selling expense
ratio.
• Corrected ministerial errors.
• Revised the partial AFA
calculation.
Other Changes
• Corrections to list of separate rate
companies and no shipment companies.
Final Determination of No Shipments
In the Preliminary Results, we found
that 23 companies subject to this
administrative review did not have
reviewable transactions during the
POR.21 We did not receive any
comments concerning our finding of no
shipments by these 23 companies. For
these final results, the Department
20 See
Issues and Decision Memorandum.
Preliminary Results and accompanying
Preliminary Decision Memorandum at 5–6. We also
preliminarily treated two companies which
reported making no shipments during the POR,
Luoyang Suntech and Shanghai Suntech, as part of
the Wuxi Suntech Single Entity.
21 See
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continues to find that 23 companies that
claimed no shipments during the POR
did not have any reviewable
transactions of subject merchandise
during the POR.22
In the Preliminary Results, we found
that two companies, CSG PVTech Co.,
Ltd. and Jiangsu Sunlink PV Technology
Co., Ltd., that claimed no exports, sales
or entries of subject merchandise during
the POR did, in fact, sell subject
merchandise to the United States during
the POR.23 Interested parties
commented on the Department’s
preliminary finding with respect to
these two companies.24 After
considering these comments, the
Department continues to find that these
companies sold or made entries of
subject merchandise to the United
States during the POR. Neither of these
companies filed a separate rate
application or certification and thus
they have not established their
entitlement to a separate rate in this
review.
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Affiliation and Single Entity
Determination
For these final results of review, the
Department finds, pursuant to 19 CFR
351.401(f), that Wuxi Suntech and
Luoyang Suntech comprise a single
entity (i.e., the Wuxi Luoyang Single
Entity), which does not include
Shanghai Suntech or Wuxi Sunshine.25
22 Those 23 companies with no shipments during
the POR are: (1) DelSolar Co., Ltd.; (2) Dongfang
Electric (Yixing) MAGI Solar Power Technology
Co., Ltd.; (3) ET Solar Energy Limited; (4) Hengdian
Group DMEGC Magnetics Co., Ltd.; (5) Himin Clean
Energy Holdings Co., Ltd.; (6) Jiangsu Green Power
PV Co., Ltd.; (7) Jiangsu Jiasheng Photovoltaic
Technology Co., Ltd.; (8) JinkoSolar International
Limited; (9) Konca Solar Cell Co., Ltd.; (10) Kuttler
Automation Systems (Suzhou) Co., Ltd.; (11)
Motech (Suzhou) Renewable Energy Co., Ltd.; (12)
Ningbo Ulica Solar Science & Technology Co., Ltd.;
(13) Perlight Solar Co., Ltd.; (14) Shenzhen Suntech
Power Co., Ltd.; (15) ShunFeng PV; (16) Sumec
Hardware & Tools Co., Ltd.; (17) Tianwei New
Energy (Chengdu) PV Module Co., Ltd.; (18)
Upsolar Group Co., Ltd.; (19) Wanxiang Import &
Export Co., Ltd.; (20) Yangzhou Rietech Renewal
Energy Co., Ltd.; (21) Yangzhou Suntech Power Co.,
Ltd.; (22) Zhejiang Jiutai New Energy Co., Ltd.; (23)
Zhenjiang Rietech New Energy Science &
Technology Co., Ltd. As noted above, the
Department has treated Luoyang Suntech, which
reported making no shipments during the POR, as
part of the Wuxi Luoyang Single Entity.
23 See Preliminary Results and accompanying
Preliminary Decision Memorandum at 5–6.
24 See Issues and Decision Memorandum at
comment entitled, ‘‘Treatment of Jiangsu Sunlink
PV Technology Co., Ltd.’’ and comment entitled,
‘‘Treatment of CSG PVTech Co., Ltd.’’
25 See Issues and Decision Memorandum at the
comment entitled, ‘‘The Department’s Separate
Rates Practice,’’ and the comment entitled,
‘‘Separate Rate Status of the Wuxi Suntech
Collapsed Entity.’’ See also Memorandum to Robert
Bolling, Acting Director, AD/CVD Operations,
Office IV, through Howard Smith, Program
Manager, AD/CVD Operations, IV, ‘‘Affiliation and
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Additionally, the Department
continues to find, pursuant to 19 CFR
351.401(f), that the following affiliated
companies should be treated as a single
entity: (1) Yingli Energy (China)
Company Limited; (2) Baoding Tianwei
Yingli; (3) Tianjin Yingli; (4) Hengshui
Yingli; (5) Lixian Yingli; (6) Jiasheng; (7)
Beijing Tianneng; and (8) Hainan
Yingli.26
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the
‘‘Act’’), the Department verified separate
rate information provided by the Wuxi
Suntech Single Entity.27 The
Department conducted the verification
using standard verification procedures
including the examination of relevant
records and the selection and review of
original documentation containing
relevant information. The results of the
verification are outlined in the public
version of the verification reports. The
verification reports are on file
electronically via ACCESS.
Use of Partial Facts Available and
Adverse Facts Available
Section 776(a) of the Act provides that
the Department shall apply facts
available (‘‘FA’’) if (1) necessary
information is not on the record, or (2)
an interested party or any other person
(A) withholds information that has been
requested, (B) fails to provide
information within the deadlines
established, or in the form and manner
requested by the Department, subject to
subsections (c)(1) and (e) of section 782
of the Act, (C) significantly impedes a
proceeding, or (D) provides information
that cannot be verified as provided by
section 782(i) of the Act.
Section 776(b) of the Act further
provides that the Department may use
Single Entity Status of Wuxi Suntech Power Co.,
Ltd. and Luoyang Suntech Power Co., Ltd., Final
Results of Review,’’ dated concurrently with this
notice.
26 See Memorandum to Abdelali Elouaradia,
Director, AD/CVD Operations, Office IV, through
Howard Smith, Program Manager, AD/CVD
Operations, Office IV, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China:
Affiliation and Single Entity Status,’’ dated
December 31, 2014.
27 See Memorandum to the File through Howard
Smith, Program Manager, AD/CVD Operations,
Office IV, Verification of the Separate Rates
Questionnaire Responses of Wuxi Suntech Power
Co., Ltd., dated April 28, 2015; Memorandum to the
File through Howard Smith, Program Manager, AD/
CVD Operations, Office IV, Verification of the
Separate Rates Questionnaire Responses of Suntech
Power Co., Ltd., dated April 28, 2015; and
Memorandum to the File through Howard Smith,
Program Manager, AD/CVD Operations, Office IV,
Verification of the Separate Rates Questionnaire
Responses of Wuxi Sunshine Power Co., Ltd., dated
April 28, 2015.
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adverse facts available (‘‘AFA’’) when a
party has failed to cooperate by not
acting to the best of its ability to comply
with a request for information.
Pursuant to sections 776(a) and (b) of
the Act, in the Preliminary
Determination, the Department applied
partial adverse facts available (‘‘AFA’’)
to a portion of Yingli Energy (China)
Company Limited’s sales. After
considering comments submitted by
interested parties, the Department
continues to find that the application of
partial AFA is warranted, however, the
Department has revised the
methodology used to apply partial AFA
to a portion of Yingli Energy (China)
Company Limited’s sales for these final
results of review.28 Further, the
Department continues to find that the
application of FA to account for Yingli
(China) Company Limited’s unreported
factors of production (‘‘FOP’’) data is
warranted.29
Wuxi Suntech did not report certain
FOP data from certain suppliers or
tollers. Based on the specific facts on
the record of this review and in
accordance with section 776(a)(1) of the
Act, the Department is applying FA
with respect to these unreported FOP
data.30 Due to the proprietary nature of
the factual information concerning these
FOP data, we explain the decision to
use FA with respect to these FOP data
in a separate business proprietary
memorandum.31 As FA, we used FOP
data that Wuxi Suntech was able to
obtain from certain tollers or its own
FOP information.
Separate Rates
In the Preliminary Results, the
Department listed 20 companies not
selected as mandatory respondents as
having demonstrated their eligibility for
separate rates.32 Since the Preliminary
Results, the Department has not
received any comments that would
warrant a review of our preliminary
results regarding 19 of these companies.
Therefore we continue to find that these
companies are eligible for a separate
rate.33 Regarding LDK Solar Hi-tech
28 See Issues and Decision Memorandum at
Comment 9.
29 See Preliminary Determination.
30 See Issues and Decision Memorandum at
Comment 9.
31 See Memorandum through Howard Smith,
Program Manager, AD/CVD Operations, Office IV,
to Robert Bolling, Acting Director, AD/CVD
Operations, Office IV, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China:
Unreported Factors of Production,’’ dated
concurrently with this notice.
32 See Preliminary Decision Memorandum at 13.
33 The Department finds that the following 19
non-selected companies demonstrated their
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(Nanchang) Co., Ltd., in the Preliminary
Results, the Department inadvertently
listed this company as a company that
was granted a separate rate. Because the
review of LDK Solar Hi-tech (Nanchang)
Co., Ltd. was rescinded in July 2014,
that company is not subject to this
review and thus no determination was
made in this review with respect to its
separate rate status.34
PRC-Wide Entity
In the Preliminary Results, the
Department preliminarily determined to
treat 21 companies subject to this
review as part of the PRC-wide entity
because they did not establish their
eligibility to receive a separate rate.35
Interested parties commented on the
Department’s preliminary decision to
treat the Wuxi Suntech Single Entity,
ERA Solar Co., Ltd., Jiangsu Sunlink PV
Technology Co., Ltd., CSG PVTech Co.,
Ltd., and Leye Photovoltaic Co., Ltd. as
part of the PRC-wide entity.36 In the
Preliminary Results, the Department
collapsed Wuxi Suntech, Luoyang
Suntech, Shanghai Suntech, and Wuxi
Sunshine into a single entity, the Wuxi
Suntech Single Entity, and did not grant
this single entity a separate rate. In these
final results we are only collapsing
Wuxi Suntech and Luoyang Suntech.
Based on record information, we find
the collapsed entity comprising Wuxi
Suntech and Luoyang Suntech has
established its entitlement to a separate
rate because it is wholly foreign
owned.37 With respect to the other two
companies that we preliminarily
collapsed, but are no longer collapsing,
with Wuxi Suntech, Shanghai Suntech
reported that it made no shipments
during the POR,38 and the Department,
based on its examination of record
evidence, finds that this company did
not have any reviewable transactions of
subject merchandise during the POR.39
Because Shanghai Suntech did not have
any reviewable transactions during the
POR, it does not qualify to be granted
separate rates status.40 Additionally, all
parties withdrew their requests to
review Wuxi Sunshine and thus it is not
subject to this administrative review.41
The Department continues to find that
the remaining companies preliminarily
found not to have established their
eligibility for a separate rate to be part
of the PRC-wide entity.42 In addition,
the Department finds that LDK Hi-Tech
(Nanchang Co., Ltd., which did not
provide the Department with
information regarding its eligibility for
separate rate status, is also a part of the
PRC-wide entity.43 Further, the
Department finds that Leye Photovoltaic
Co., Ltd. is not subject to this
administrative review, and, therefore,
retains its combination rate, i.e.,
separate rate for merchandise produced
and exported by Leye Photovoltaic Co.,
Ltd., which it received in the underlying
investigation.44
Rate for Separate-Rate Companies Not
Selected as Mandatory Respondents
The statute and the Department’s
regulations do not address the
establishment of a rate to be applied to
individual respondents not selected for
examination when the Department
limits its examination in an
administrative review pursuant to
section 777A(c)(2)(B) of the Act.
Generally, the Department looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in an investigation, for
guidance when calculating the rate for
respondents which we did not
individually examine in an
administrative review. Section
735(c)(5)(A) of the Act instructs the
Department to avoid calculating an allothers rate using rates which are zero,
de minimis or based entirely on facts
available. Accordingly, the
Department’s usual practice has been to
average the weighted-average dumping
margins for the selected companies,
excluding rates that are zero, de
minimis, or based entirely on facts
available.45 Accordingly, the
Department assigned to the companies
that it did not individually examine, but
which demonstrated their eligibility for
a separate rate, the weighted-average
dumping margins calculated for the two
mandatory respondents.46
Final Results
We determine that the following
weighted-average dumping margins
exist for the POR:
Weighted-average
dumping margin
(percent)
Exporter
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Yingli Single Entity: Yingli Energy (China) Company Limited/Baoding Tianwei Yingli New Energy Resources Co., Ltd./Tianjin
Yingli New Energy Resources Co., Ltd./Hengshui Yingli New Energy Resources Co., Ltd./Lixian Yingli New Energy Resources Co., Ltd./Baoding Jiasheng Photovoltaic Technology Co., Ltd./Beijing Tianneng Yingli New Energy Resources
Co., Ltd./Hainan Yingli New Energy Resources Co., Ltd.47 ......................................................................................................
Wuxi Suntech Power Co., Ltd./Luoyang Suntech Power Co., Ltd ................................................................................................
eligibility for separate rates: (1) Canadian Solar
International Limited; (2) Canadian Solar
Manufacturing (Changshu) Inc.; (3) Canadian Solar
Manufacturing (Luoyang) Inc.; (4) Changzhou Trina
Solar Energy Co., Ltd./Trina Solar (Changzhou)
Science and Technology Co., Ltd.; (5) Chint Solar
(Zhejiang) Co., Ltd.; (6) De-Tech Trading Limited
HK; (7) Eoplly New Energy Technology Co., Ltd.;
(8) Hangzhou Zhejiang University Sunny Energy
Science and Technology Co., Ltd.; (9) Jinko Solar
Import and Export Co., Ltd.; (10) Ningbo Qixin
Solar Electrical Appliance Co., Ltd.; (11) Renesola
Jiangsu Ltd.; (12) Shanghai BYD Co., Ltd.; (13)
Shenzhen Topray Solar Co. Ltd.; (14) Sopray Energy
Co., Ltd.; (15) Star Power International Limited; (16)
Sun Earth Solar Power Co., Ltd.; (17) Yingli Green
Energy Holding Company Limited; (18) Yingli
Green Energy International Trading Company
Limited; and (19) Zhejiang Sunflower Light Energy
Science & Technology Limited Liability Company.
34 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules From the
People’s Republic of China: Amended Partial
VerDate Sep<11>2014
19:09 Jul 13, 2015
Jkt 235001
Rescission of Antidumping Duty Administrative
Review, 79 FR 43713, 43714 (July 28, 2014). For
additional discussion, see Issues and Decision
Memorandum at Comment 8.
35 See Preliminary Decision Memorandum at 15.
36 See Issues and Decision Memorandum.
37 Id.
38 See Shanghai Suntech’s February 26, 2014
submission to the Department.
39 See Shanghai Suntech’s October 21, 2014
submission to the Department.
40 Shanghai Suntech received its separate rate as
a company that belonged to the Wuxi Suntech
Single Entity. Because we find that Shanghai
Suntech is no longer part of the Wuxi Suntech
Single Entity and is subject to review, we have
considered whether it qualifies to be granted a
separate-rate in this review.
41 In the investigation, Wuxi Sunshine received
its separate rate as a company that belonged to the
Wuxi Suntech Single Entity. Because we find that
Wuxi Sunshine is no longer part of the Wuxi
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0.79
33.08
Suntech Single Entity, Wuxi Sunshine is not
entitled to the separate-rate rate status previously
granted to that Single Entity. Accordingly, it is part
of the PRC-Wide Entity for cash deposit purposes.
42 See infra n. 49 for a list of companies that the
Department has determined should be treated as
part of the PRC-wide entity.
43 See Issues and Decision Memorandum at
Comment 8.
44 Id. at Comment 7.
45 See Ball Bearings and Parts Thereof From
France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews and Rescission of Reviews
in Part, 73 FR 52823, 52824 (September 11, 2008),
and accompanying Issues and Decision
Memorandum at Comment 16.
46 See Memorandum to the File, through Howard
Smith, Program Manager, AD/CVD Operations,
Office IV, ‘‘Calculation of the Final Margin for
Separate Rate Recipients,’’ dated concurrently with
this notice.
E:\FR\FM\14JYN1.SGM
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Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Notices
Weighted-average
dumping margin
(percent)
Exporter
Canadian Solar International Limited ............................................................................................................................................
Canadian Solar Manufacturing (Changshu) Inc ............................................................................................................................
Canadian Solar Manufacturing (Luoyang) Inc ...............................................................................................................................
Changzhou Trina Solar Energy Co., Ltd./Trina Solar (Changzhou) Science and Technology Co., Ltd.48 ..................................
Chint Solar (Zhejiang) Co., Ltd ......................................................................................................................................................
De-Tech Trading Limited HK .........................................................................................................................................................
Eoplly New Energy Technology Co., Ltd ......................................................................................................................................
Hangzhou Zhejiang University Sunny Energy Science and Technology Co., Ltd ........................................................................
Jinko Solar Import and Export Co., Ltd .........................................................................................................................................
Ningbo Qixin Solar Electrical Appliance Co., Ltd ..........................................................................................................................
Renesola Jiangsu Ltd ....................................................................................................................................................................
Shanghai BYD Co., Ltd .................................................................................................................................................................
Shenzhen Topray Solar Co. Ltd ....................................................................................................................................................
Sopray Energy Co., Ltd .................................................................................................................................................................
Star Power International Limited ...................................................................................................................................................
Sun Earth Solar Power Co., Ltd ....................................................................................................................................................
Yingli Green Energy Holding Company Limited ............................................................................................................................
Yingli Green Energy International Trading Company Limited .......................................................................................................
Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company ..................................................................
PRC-Wide Entity 49 ........................................................................................................................................................................
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Assessment Rates
The Department will determine, and
U.S. Customs and Border Protection
(‘‘CBP’’) shall assess, antidumping
duties on all appropriate entries covered
by this review. The Department intends
to issue assessment instructions to CBP
15 days after the publication date of
47 As noted above these companies comprise the
Yingli Single Entity.
48 In the investigation in this proceeding, the
Department treated Changzhou Trina Solar Energy
Co., Ltd. and Trina Solar (Changzhou) Science &
Technology Co., Ltd. as a single entity. See
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules, from the People’s
Republic of China: Final Determination of Sales at
Less Than Fair Value, and Affirmative Final
Determination of Critical Circumstances, in Part, 77
FR 63791 (October 17, 2012). Because no party has
provided information on the record of the review
contradicting this determination, the Department
has continued to treat these companies as a single
entity for purposes of this review.
49 The PRC-wide entity includes the following
companies: (1) Shanghai Suntech; (2) Wuxi
Sunshine; (3) Changzhou NESL Solartech Co., Ltd.;
(4) CSG PVTech Co., Ltd.; (5) Era Solar Co., Ltd.;
(6) Innovosolar; (7) Jiangsu Sunlink PV Technology
Co., Ltd.; (8) Jiawei Solarchina Co., Ltd.; (9) Jinko
Solar Co., Ltd.; (10) LDK Solar Hi-tech (Suzhou)
Co., Ltd.; (11) Leye Photovoltaic Science Tech.; (12)
Magi Solar Technology; (13) Ningbo ETDZ
Holdings, Ltd.; (14) ReneSola; (15) Shanghai
Machinery Complete Equipment (Group) Corp.,
Ltd.; (16) Shenglong PV-Tech; (17) Solarbest
Energy-Tech (Zhejiang) Co., Ltd.; (18) Suzhou
Shenglong PV–TECH Co., Ltd.; (19) Zhejiang
Shuqimeng Photovoltaic Technology Co., Ltd.; (20)
Zhejiang Xinshun Guangfu Science and Technology
Co., Ltd.; (21) Zhejiang ZG-Cells Co., Ltd.; (22)
Zhiheng Solar Inc.; and (23) LDK Hi-Tech
(Nanchang Co., Ltd. In addition, the PRC-wide
entity includes the companies listed in Appendix
II of the notice Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules
From the People’s Republic of China: Amended
Partial Rescission of Antidumping Duty
Administrative Review, 79 FR 43713 (July 28, 2014).
50 This PRC-wide entity rate equals the PRC-wide
entity rate of 249.96% adjusted for export subsidies
and estimated domestic subsidy pass-through.
VerDate Sep<11>2014
19:09 Jul 13, 2015
Jkt 235001
these final results of this review. In
accordance with 19 CFR 351.212(b)(1),
we are calculating importer- (or
customer-) specific assessment rates for
the merchandise subject to this review.
For any individually examined
respondent whose weighted-average
dumping margin is above de minimis
(i.e., 0.50 percent), the Department will
calculate importer- (or customer)specific assessment rates for
merchandise subject to this review.
Where the respondent reported reliable
entered values, the Department
calculated importer- (or customer)specific ad valorem rates by aggregating
the dumping margins calculated for all
U.S. sales to the importer- (or customer)
and dividing this amount by the total
entered value of the sales to the
importer- (or customer).51 Where the
Department calculated an importer- (or
customer)-specific weighted-average
dumping margin by dividing the total
amount of dumping for reviewed sales
to the importer- (or customer) by the
total sales quantity associated with
those transactions, the Department will
direct CBP to assess importer- (or
customer)-specific assessment rates
based on the resulting per-unit rates.52
Where an importer- (or customer)specific ad valorem or per-unit rate is
greater than de minimis, the Department
will instruct CBP to collect the
appropriate duties at the time of
liquidation. Where either the
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer (or customer-) specific ad
valorem or per-unit rate is zero or de
PO 00000
51 See
19 CFR 351.212(b)(1).
52 Id.
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9.67
9.67
9.67
9.67
9.67
9.67
9.67
9.67
9.67
50 238.95
minimis, the Department will instruct
CBP to liquidate appropriate entries
without regard to antidumping duties.53
On October 24, 2011, the Department
announced a refinement to its
assessment practice in NME
antidumping duty cases.54 Pursuant to
this refinement in practice, for
merchandise that was not reported in
the U.S. sales databases submitted by an
exporter individually examined during
this review, but that entered under the
case number of that exporter (i.e., at the
individually-examined exporter’s cash
deposit rate), the Department will
instruct CBP to liquidate such entries at
the PRC-wide rate, as adjusted for
export subsidies and estimated domestic
subsidy pass-through. Additionally,
pursuant to this refinement, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number will be
liquidated at the PRC-wide rate, as
adjusted for export subsidies and
estimated domestic subsidy passthrough.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from the PRC
53 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012).
54 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
E:\FR\FM\14JYN1.SGM
14JYN1
Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Notices
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of this notice in the
Federal Register, as provided by section
751(a)(2)(C) of the Act: (1) For the
exporters listed above, the cash deposit
rate will be the rate listed for each
exporter in the table in the ‘‘Final
Results’’ section of this notice; (2) for
previously investigated PRC and nonPRC exporters that received a separate
rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific rate; (3) for all PRC exporters of
subject merchandise that have not been
found to be entitled to a separate rate,
the cash deposit rate will be the rate
previously established for the PRC-wide
entity; and (4) for all non-PRC exporters
of subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
PRC exporter that supplied that nonPRC exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure
We intend to disclose the calculations
performed for these final results of
review within five days of the date of
publication of this notice in the Federal
Register in accordance with 19 CFR
351.224(b).
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties has occurred and the subsequent
assessment of double antidumping
duties.
Administrative Protective Order
(‘‘APO’’)
This notice also serves as a reminder
to parties subject to APO of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return or destruction of APO
materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
VerDate Sep<11>2014
19:09 Jul 13, 2015
Jkt 235001
We are issuing these results of
administrative review and publishing
notice in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: July 7, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—Issues and Decision
Memorandum
Summary
Background
Scope of the Order
Treatment of Wuxi Suntech, Luoyang
Suntech, Shanghai Suntech, and Wuxi
Sunshine
Adjustment Under Section 777A(f) of the Act
for Wuxi Suntech
Discussion of the Issues
Comment 1. Rescission of the Reviews of
JingAo Solar Co., Ltd. and Shanghai JA
Solar PV Technology Co., Ltd.
Comment 2. Treatment of ERA Solar Co.,
Ltd.
Comment 3. PRC-Wide Entity Rate
Comment 4. Assessment of Entries Made
Prior to the International Trade
Commission’s Final Determination
Comment 5. Treatment of Jiangsu Sunlink
PV Technology Co., Ltd.
Comment 6. Treatment of CSG PVTech Co.,
Ltd.
Comment 7. Treatment of Leye
Photovoltaic Science & Technology Co.
Ltd.
Comment 8. Rescission of Review of LDK
Solar Hi-Tech (Nanchang) Co., Ltd.
Comment 9. Whether to Apply Adverse
Facts Available (‘‘AFA’’) to Two
Unreported Yingli Sales
Comment 10. Unreported FOPs by
Suppliers and Tollers
Comment 11. Surrogate Value for Cutting
Wire
Comment 12. Surrogate Value for
Aluminum-Silver Paste
Comment 13. Surrogate Value for Silver
Paste
Comment 14. Surrogate Value for
Unclassified Stores
Comment 15. Ocean Freight
Comment 16. Brokerage and Handling
Comment 17. Labor Calculation
Comment 18. Surrogate Value for Natural
Gas
Comment 19. Surrogate Value for Nitric
Acid
Comment 20. Surrogate Value for
Hydrofluoric Acid
Comment 21. Application of Surrogate
Marine Insurance Rate
Comment 22. Conversion Factor for
Natural Gas
Comment 23. Movement Expenses for
Yingli’s EP Sale
Comment 24. Surrogate Value for
Backsheet
Comment 25. Calculation of Surrogate
Financial Profit Ratio
Comment 26. Gross Unit Price Adjustments
Comment 27. Surrogate Value for Wafers
Comment 28. Export Subsidy Adjustment
Comment 29. By-Product Offset for Broken
Wafers
PO 00000
Frm 00013
Fmt 4703
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41003
Comment 30. Surrogate Value for Quartz
Crucibles
Comment 31. Surrogate Value for Junction
Boxes
Comment 32. Differential Pricing
Comment 33. Surrogate Value for the
Polysilicon Feedstock and Solar Cell
Offsets
Comment 34. Surrogate Value for Semifinished Polysilicon Ingots and Blocks
Comment 35. Surrogate Value for
Aluminum Angle Keys
Comment 36. Surrogate Value for
Aluminum Frames
Comment 37. Indirect Selling Expenses
Comment 38. Application of a By-Product
Recovery Cap on Recycled Paste
Comment 39. Whether the Department
Improperly Calculated the Partial AFA
Rate Applied to Yingli
Comment 40. Whether to Exclude Certain
Reported CEP Sales
Comment 41. Wuxi Suntech Separate Rate
Status
Comment 42. The Department’s Separate
Rates Practice in AD Proceedings
Involving the PRC
[FR Doc. 2015–17238 Filed 7–13–15; 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: Final Results of
Countervailing Duty Administrative
Review; 2012
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has completed its
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 (the PRC) for the period of
review (POR) covering March 26, 2012,
through December 31, 2012. On January
8, 2015, we published the preliminary
results of this review and the postpreliminary results were completed on
April 21, 2015.1
AGENCY:
1 See 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, 80 FR 1019 (January 8,
2015) (Preliminary Results); see also Department
Memorandum, ‘‘Post-Preliminary Analysis in the
Countervailing Duty Administrative Review:
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled Into Modules, From the People’s
E:\FR\FM\14JYN1.SGM
Continued
14JYN1
]]>Agencies
[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Notices]
[Pages 40998-41003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17238]
-----------------------------------------------------------------------
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: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On January 8, 2015, the Department of Commerce (the
``Department'') published its Preliminary Results in the 2012-2013
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 China (``PRC'').\1\ The
period of review (``POR'') is May 25, 2012, through November 30, 2013.
This administrative review covers two mandatory respondents, Yingli
Energy (China) Company Limited and Wuxi Suntech Power Co., Ltd. (``Wuxi
Suntech''), which was found to be ineligible for a separate rate in the
Preliminary Results. Based on our analysis of the comments received, we
made certain changes to our margin calculations for Yingli Energy
(China) Company Limited. Additionally, we now find that Wuxi Suntech is
eligible for a separate rate, and have calculated a dumping margin for
Wuxi Suntech. The final dumping margins for this review are listed in
the ``Final Results'' section below.
---------------------------------------------------------------------------
\1\ See 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, 80 FR 1021
(January 8, 2015) (``Preliminary Results''), and Memorandum to Paul
Piquado, Assistant Secretary for Enforcement and Compliance, from
Gary Taverman, Associate Deputy Assistant Secretary for Antidumping
and Countervailing Operations, ``Decision Memorandum for the
Preliminary Results of the 2012-2013 Antidumping Duty Administrative
Review of Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People's Republic of China''
(``Preliminary Decision Memorandum''), dated December 31, 2014.
---------------------------------------------------------------------------
DATES: Effective date: July 14, 2015.
FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Drew Jackson 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-
0182 or (202) 482-4406, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 8, 2015, the Department published its Preliminary
Results in this review. On January 22, 2015, Petitioner \2\ submitted
comments regarding the preliminary margin calculation of the companies
that are considered as the Yingli Single Entity in this final
determination including Yingli Energy (China) Company Limited.\3\
---------------------------------------------------------------------------
\2\ Petitioner in this proceeding is SolarWorld America, Inc.
\3\ See Letter to the Department from Petitioner, ``Certain
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
into Modules, from the People's Republic of China: Comments on
Ministerial Errors in the Preliminary Results,'' dated January 22,
2015. The Department determined, pursuant to 19 CFR 351.401(f), that
the following affiliated companies should be treated as a single
entity: Yingli Energy (China) Company Limited ; Baoding Tianwei
Yingli New Energy Resources Co., Ltd. (``Tianwei Yingli''); Tianjin
Yingli New Energy Resources Co., Ltd. (``Tianjin Yingli''); Hengshui
Yingli New Energy Resources Co., Ltd. (``Hengshui Yingli''); Lixian
Yingli New Energy Resources Co., Ltd. (``Lixian Yingli''); Baoding
Jiasheng Photovoltaic Technology Co., Ltd. (``Jiasheng''); Beijing
Tianneng Yingli New Energy Resources Co., Ltd. (``Beijing
Tianneng''); Hainan Yingli New Energy Resources Co., Ltd. (``Hainan
Yingli'') (collectively, the ``Yingli Single Entity''). See
Memorandum to Abdelali Elouaradia, Director, AD/CVD Operations,
Office IV, through Howard Smith, AD/CVD Operations, Office IV,
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, from the People's Republic of China: Affiliation and
Single Entity Status,'' dated December 31, 2014.
---------------------------------------------------------------------------
On January 9, 2015, Wuxi Suntech submitted a hearing request.\4\ On
February 9, 2015 Shanghai JA Solar Technology Co., Ltd., JA Solar
Technology Yangzhou Co., Ltd. and JingAo Solar Co., Ltd. submitted a
request to participate in any hearing held by the Department in this
review.\5\ Petitioner submitted an untimely hearing request on February
9, 2015, which was rejected by the Department in accordance with 19 CFR
351.302(d).\6\ On February 25, 2015, Petitioner submitted an untimely
request for additional time to submit a hearing request.\7\ The
Department did not grant Petitioner's request.\8\ On May 18, 2015, Wuxi
Suntech withdrew its request for a hearing.\9\ On June 1, 2015, the
Department notified interested parties that it would not hold a hearing
in this administrative review.\10\
---------------------------------------------------------------------------
\4\ See Letter to the Department from Wuxi Suntech,
``Crystalline Silicon Photovoltaic Cells from the People's Republic
of China: Request for Hearing- Wuxi Suntech Power Co., Ltd.,'' dated
January 9, 2015.
\5\ See Letter to the Department from Shanghai JA Solar
Technology Co., Ltd., JA Solar Technology Yangzhou Co., Ltd. and
JingAo Solar Co., Ltd., ``Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from the People's Republic of
China: Hearing,'' dated January 9, 2015.
\6\ See Letter to the File through Howard Smith, Program
Manager, AD/CVD Operations, Office IV ``Rejection and Removal from
the Record of Untimely Filed Hearing Request,'' dated March 3, 2015.
\7\ See Letter to the Department from Petitioner, ``Crystalline
Silicon Photovoltaic Cells, Whether Or Not Assembled Into Modules,
from the People's Republic of China: Request for Opportunity to
Submit Hearing Requests,'' dated February 9, 2015.
\8\ See Letter to the Petitioner from the Department,
``Antidumping Duty Administrative Review of Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules, from the
People's Republic of China: Rejection and Removal from the Record of
Untimely Filed Hearing Request,'' dated March 3, 2015.
\9\ See Letter to the Department from Wuxi Suntech,
``Crystalline Silicon Photovoltaic Cells, Whether Or Not Assembled
into Modules, from the People's Republic of China: Withdraw of
Request for Hearing--Wuxi Suntech Power Co., Ltd.,'' dated May 18,
2015.
\10\ See Memorandum to All Interested Parties, through Howard
Smith, AD/CVD Operations, Office IV, Administrative Review of the
Antidumping Duty Order on Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the People's Republic of
China; Withdrawal of Hearing Request, dated June 1, 2015.
---------------------------------------------------------------------------
Between January 2015 and March 2015, the Department issued
supplemental questionnaires regarding separate rates to, and received
timely responses from, the Wuxi Suntech Single Entity.\11\ In March
2015, the Department conducted verification of the Wuxi Suntech Single
Entity's separate rates information.
---------------------------------------------------------------------------
\11\ In the Preliminary Results, the Department preliminarily
found that the Wuxi Suntech Single Entity included the following
companies: Wuxi Suntech; Luoyang Suntech Power Co., Ltd. (``Luoyang
Suntech''); Suntech Power Co., Ltd. (``Shanghai Suntech''); and Wuxi
Sunshine Power Co. Ltd (``Wuxi Sunshine''). See Memorandum to
Abdelali Elouaradia, Director, AD/CVD Operations, Office IV, through
Howard Smith, Program Manager, AD/CVD Operations. Office IV,
``Affiliation and Single Entity Status of Wuxi Suntech Power Co.,
Ltd.; Luoyang Suntech Power Co., Ltd.; Suntech Power Co., Ltd.; and
Wuxi Sunshine Power Co., Ltd.,'' dated December 31, 2014.
---------------------------------------------------------------------------
On March 23, 2015, the following interested parties submitted case
briefs: (1) Petitioner; (2) Yingli Energy (China) Company Limited;\12\
(3) Goal Zero, LLC;
[[Page 40999]]
(4) LDK Solar Hi-Tech (Nanchang) Co. Ltd.; (5) Jiangsu Sunlink PV
Technology Co., Ltd.; (6) Years Solar Co. Ltd.; (7) CSG PVTech Co.,
Ltd.; and (8) Shanghai JA Solar Technology Co. Ltd, JA Solar Technology
Yangzhou Co., Ltd. and JingAo Solar Co., Ltd. On March 25, 2015, Yingli
Energy (China) Company Limited alleged that Petitioner's March 23, 2015
case brief contained untimely filed new factual information,\13\ and on
March 27, 2015, Petitioner rebutted these allegations.\14\ After
considering Yingli Energy (China) Company Limited's allegation, the
Department did not require Petitioner to redact its case brief. On
March 30, 2015, the Department notified Yingli Energy (China) Company
Limited that its March 23, 2015 case brief contained untimely filed new
factual information. The Department subsequently rejected the case
brief in accordance with 19 CFR 351.302(d)(1)(i) and 19 CFR
351.104(a)(2)(ii)(A) because it contained untimely filed new factual
information but provided Yingli Energy (China) Company Limited the
opportunity to resubmit its case brief with the new factual information
redacted.\15\ On March 31, 2015, Yingli Energy (China) Company Limited
submitted comments on the new factual information allegation, and
resubmitted its rejected case brief.\16\ On March 30, 2015, the
following interested parties submitted rebuttal briefs: (1) Petitioner;
(2) Yingli Energy (China) Company Limited; and, (3) Wuxi Suntech. These
case briefs and rebuttal briefs did not include comments regarding the
separate-rate status of the Wuxi Suntech Single Entity, which was
preliminarily found to include the following companies: (1) Wuxi
Suntech, (2) Luoyang Suntech; (3) Shanghai Suntech; and (4) Wuxi
Sunshine.\17\ Subsequently, on May 8, 2015, and May 11, 2015, Wuxi
Suntech and Petitioner, respectively, submitted case briefs regarding
the separate-rate status of the Wuxi Suntech Single Entity. On May 13,
2015, the following parties submitted rebuttal comments related to the
separate-rate status of the Wuxi Suntech Single Entity: (1) Petitioner;
(2) Wuxi Suntech; (3) Shanghai BYD Co., Ltd. and Shangluo BYD
Industrial Co., Ltd.; and (4) Changzhou Trina Solar Energy Co., Ltd.
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\12\ Yingli Energy (China) Company Limited's case and rebuttal
briefs were submitted on behalf of Yingli Green Energy Holding
Company Limited and Yingli Green Energy Americas, Inc., and their
affiliates, including Yingli Energy (China) Co., Ltd. and Baoding
Tianwei Yingli New Energy Resources Co., Ltd.
\13\ See Letter to the Department from Yingli Energy (China)
Company Limited, ``Crystalline Silicon Photovoltaic Cells, Whether
or Not Assembled into Modules from the People's Republic of China:
Request that the Department Reject SolarWorld's Case Brief,'' dated
May, 2015.
\14\ See Letter to the Department from Petitioner, ``Crystalline
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules,
from the People's Republic of China: Response to Yingli's Request to
Reject SolarWorld's Case Brief,'' dated May 27, 2015.
\15\ See Memorandum to The File through Howard Smith, Program
Manager, AD/CVD Operations, Office IV, ``Rejection from the Record
of Untimely Filed New Factual Information,'' dated April 2, 2015.
\16\ See Letter from Yingli Energy (China) Company Limited to
the Department, ``Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled Into Modules from the People's Republic of China:
Resubmission of Yingli's Case Brief,'' dated March 31, 2015.
\17\ See Memorandum to The File through Jeffrey Pedersen, Acting
Program Manager, AD/CVD Operations, Office IV, ``Administrative
Review of the Antidumping Duty Order on Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into Modules, from the
People's Republic of China; Briefing Schedule,'' dated February 27,
2015 (establishing a deadline for case briefs and rebuttal briefs
concerning all issues except the separate-rate status of the Wuxi
Suntech Single Entity).
---------------------------------------------------------------------------
On April 28, 2015, the Department extended the deadline for issuing
these final results of review by 60 days, until July 7, 2015.\18\
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\18\ See Memorandum to Edward Yang, Senior Director, AD/CVD
Operations, Office VII, through Howard Smith, Acting Director, AD/
CVD Operations, Office IV, ``Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from the People's Republic of
China: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' dated April 28, 2015.
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Scope of the Order
The merchandise covered by the order is crystalline silicon
photovoltaic cells, and modules, laminates, and panels, consisting of
crystalline silicon photovoltaic cells, whether or not partially or
fully assembled into other products, including, but not limited to,
modules, laminates, panels and building integrated materials.\19\
Merchandise covered by this review is classifiable under subheading
8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000
of the Harmonized Tariff Schedule of the United States (``HTSUS'').
Although the HTSUS subheadings are provided for convenience and customs
purposes, our written description of the scope of the order is
dispositive.
---------------------------------------------------------------------------
\19\ For a complete description of the scope of the order, see
Memorandum from Edward Yang, Senior Director, AD/CVD Operations,
Office VII, to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, ``Decision Memorandum for the Final Results of the 2012-
2013 Antidumping Duty Administrative Review of Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules, from the
People's Republic of China,'' (``Issues and Decision Memorandum''),
dated concurrently with this notice.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum,\20\
which is hereby adopted by this notice. A list of the issues that
parties raised, and to which we responded in the Issues and Decision
Memorandum, follows as an appendix to this notice. The Issues and
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''). ACCESS is available
to registered users at https://access.trade.gov and in the Central
Records Unit, Room B8024 of the main Department of Commerce building.
In addition, a complete version of the Issues and Decision Memorandum
can be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The paper copy and electronic version of
the Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\20\ See Issues and Decision Memorandum.
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Changes Since the Preliminary Results
Changes Specific to Wuxi Suntech
Found that Wuxi Suntech and Luoyang Suntech should be
treated as a single entity (the ``Wuxi Luoyang Single Entity.''
Found that the Wuxi Luoyang Single Entity has established
its eligibility for a separate rate.
Calculated a dumping margin for the Wuxi Luoyang Single
Entity.
Changes Specific to Yingli Energy (China) Company Limited
Revised surrogate value calculations for certain direct
materials, labor, financial ratios, and movement expenses.
Revised certain material offsets.
Revised the indirect selling expense ratio.
Corrected ministerial errors.
Revised the partial AFA calculation.
Other Changes
Corrections to list of separate rate companies and no
shipment companies.
Final Determination of No Shipments
In the Preliminary Results, we found that 23 companies subject to
this administrative review did not have reviewable transactions during
the POR.\21\ We did not receive any comments concerning our finding of
no shipments by these 23 companies. For these final results, the
Department
[[Page 41000]]
continues to find that 23 companies that claimed no shipments during
the POR did not have any reviewable transactions of subject merchandise
during the POR.\22\
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\21\ See Preliminary Results and accompanying Preliminary
Decision Memorandum at 5-6. We also preliminarily treated two
companies which reported making no shipments during the POR, Luoyang
Suntech and Shanghai Suntech, as part of the Wuxi Suntech Single
Entity.
\22\ Those 23 companies with no shipments during the POR are:
(1) DelSolar Co., Ltd.; (2) Dongfang Electric (Yixing) MAGI Solar
Power Technology Co., Ltd.; (3) ET Solar Energy Limited; (4)
Hengdian Group DMEGC Magnetics Co., Ltd.; (5) Himin Clean Energy
Holdings Co., Ltd.; (6) Jiangsu Green Power PV Co., Ltd.; (7)
Jiangsu Jiasheng Photovoltaic Technology Co., Ltd.; (8) JinkoSolar
International Limited; (9) Konca Solar Cell Co., Ltd.; (10) Kuttler
Automation Systems (Suzhou) Co., Ltd.; (11) Motech (Suzhou)
Renewable Energy Co., Ltd.; (12) Ningbo Ulica Solar Science &
Technology Co., Ltd.; (13) Perlight Solar Co., Ltd.; (14) Shenzhen
Suntech Power Co., Ltd.; (15) ShunFeng PV; (16) Sumec Hardware &
Tools Co., Ltd.; (17) Tianwei New Energy (Chengdu) PV Module Co.,
Ltd.; (18) Upsolar Group Co., Ltd.; (19) Wanxiang Import & Export
Co., Ltd.; (20) Yangzhou Rietech Renewal Energy Co., Ltd.; (21)
Yangzhou Suntech Power Co., Ltd.; (22) Zhejiang Jiutai New Energy
Co., Ltd.; (23) Zhenjiang Rietech New Energy Science & Technology
Co., Ltd. As noted above, the Department has treated Luoyang
Suntech, which reported making no shipments during the POR, as part
of the Wuxi Luoyang Single Entity.
---------------------------------------------------------------------------
In the Preliminary Results, we found that two companies, CSG PVTech
Co., Ltd. and Jiangsu Sunlink PV Technology Co., Ltd., that claimed no
exports, sales or entries of subject merchandise during the POR did, in
fact, sell subject merchandise to the United States during the POR.\23\
Interested parties commented on the Department's preliminary finding
with respect to these two companies.\24\ After considering these
comments, the Department continues to find that these companies sold or
made entries of subject merchandise to the United States during the
POR. Neither of these companies filed a separate rate application or
certification and thus they have not established their entitlement to a
separate rate in this review.
---------------------------------------------------------------------------
\23\ See Preliminary Results and accompanying Preliminary
Decision Memorandum at 5-6.
\24\ See Issues and Decision Memorandum at comment entitled,
``Treatment of Jiangsu Sunlink PV Technology Co., Ltd.'' and comment
entitled, ``Treatment of CSG PVTech Co., Ltd.''
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Affiliation and Single Entity Determination
For these final results of review, the Department finds, pursuant
to 19 CFR 351.401(f), that Wuxi Suntech and Luoyang Suntech comprise a
single entity (i.e., the Wuxi Luoyang Single Entity), which does not
include Shanghai Suntech or Wuxi Sunshine.\25\
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\25\ See Issues and Decision Memorandum at the comment entitled,
``The Department's Separate Rates Practice,'' and the comment
entitled, ``Separate Rate Status of the Wuxi Suntech Collapsed
Entity.'' See also Memorandum to Robert Bolling, Acting Director,
AD/CVD Operations, Office IV, through Howard Smith, Program Manager,
AD/CVD Operations, IV, ``Affiliation and Single Entity Status of
Wuxi Suntech Power Co., Ltd. and Luoyang Suntech Power Co., Ltd.,
Final Results of Review,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Additionally, the Department continues to find, pursuant to 19 CFR
351.401(f), that the following affiliated companies should be treated
as a single entity: (1) Yingli Energy (China) Company Limited; (2)
Baoding Tianwei Yingli; (3) Tianjin Yingli; (4) Hengshui Yingli; (5)
Lixian Yingli; (6) Jiasheng; (7) Beijing Tianneng; and (8) Hainan
Yingli.\26\
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\26\ See Memorandum to Abdelali Elouaradia, Director, AD/CVD
Operations, Office IV, through Howard Smith, Program Manager, AD/CVD
Operations, Office IV, ``Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the People's Republic of
China: Affiliation and Single Entity Status,'' dated December 31,
2014.
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the ``Act''), the Department verified separate rate information
provided by the Wuxi Suntech Single Entity.\27\ The Department
conducted the verification using standard verification procedures
including the examination of relevant records and the selection and
review of original documentation containing relevant information. The
results of the verification are outlined in the public version of the
verification reports. The verification reports are on file
electronically via ACCESS.
---------------------------------------------------------------------------
\27\ See Memorandum to the File through Howard Smith, Program
Manager, AD/CVD Operations, Office IV, Verification of the Separate
Rates Questionnaire Responses of Wuxi Suntech Power Co., Ltd., dated
April 28, 2015; Memorandum to the File through Howard Smith, Program
Manager, AD/CVD Operations, Office IV, Verification of the Separate
Rates Questionnaire Responses of Suntech Power Co., Ltd., dated
April 28, 2015; and Memorandum to the File through Howard Smith,
Program Manager, AD/CVD Operations, Office IV, Verification of the
Separate Rates Questionnaire Responses of Wuxi Sunshine Power Co.,
Ltd., dated April 28, 2015.
---------------------------------------------------------------------------
Use of Partial Facts Available and Adverse Facts Available
Section 776(a) of the Act provides that the Department shall apply
facts available (``FA'') if (1) necessary information is not on the
record, or (2) an interested party or any other person (A) withholds
information that has been requested, (B) fails to provide information
within the deadlines established, or in the form and manner requested
by the Department, subject to subsections (c)(1) and (e) of section 782
of the Act, (C) significantly impedes a proceeding, or (D) provides
information that cannot be verified as provided by section 782(i) of
the Act.
Section 776(b) of the Act further provides that the Department may
use adverse facts available (``AFA'') when a party has failed to
cooperate by not acting to the best of its ability to comply with a
request for information.
Pursuant to sections 776(a) and (b) of the Act, in the Preliminary
Determination, the Department applied partial adverse facts available
(``AFA'') to a portion of Yingli Energy (China) Company Limited's
sales. After considering comments submitted by interested parties, the
Department continues to find that the application of partial AFA is
warranted, however, the Department has revised the methodology used to
apply partial AFA to a portion of Yingli Energy (China) Company
Limited's sales for these final results of review.\28\ Further, the
Department continues to find that the application of FA to account for
Yingli (China) Company Limited's unreported factors of production
(``FOP'') data is warranted.\29\
---------------------------------------------------------------------------
\28\ See Issues and Decision Memorandum at Comment 9.
\29\ See Preliminary Determination.
---------------------------------------------------------------------------
Wuxi Suntech did not report certain FOP data from certain suppliers
or tollers. Based on the specific facts on the record of this review
and in accordance with section 776(a)(1) of the Act, the Department is
applying FA with respect to these unreported FOP data.\30\ Due to the
proprietary nature of the factual information concerning these FOP
data, we explain the decision to use FA with respect to these FOP data
in a separate business proprietary memorandum.\31\ As FA, we used FOP
data that Wuxi Suntech was able to obtain from certain tollers or its
own FOP information.
---------------------------------------------------------------------------
\30\ See Issues and Decision Memorandum at Comment 9.
\31\ See Memorandum through Howard Smith, Program Manager, AD/
CVD Operations, Office IV, to Robert Bolling, Acting Director, AD/
CVD Operations, Office IV, ``Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the People's Republic of
China: Unreported Factors of Production,'' dated concurrently with
this notice.
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Separate Rates
In the Preliminary Results, the Department listed 20 companies not
selected as mandatory respondents as having demonstrated their
eligibility for separate rates.\32\ Since the Preliminary Results, the
Department has not received any comments that would warrant a review of
our preliminary results regarding 19 of these companies. Therefore we
continue to find that these companies are eligible for a separate
rate.\33\ Regarding LDK Solar Hi-tech
[[Page 41001]]
(Nanchang) Co., Ltd., in the Preliminary Results, the Department
inadvertently listed this company as a company that was granted a
separate rate. Because the review of LDK Solar Hi-tech (Nanchang) Co.,
Ltd. was rescinded in July 2014, that company is not subject to this
review and thus no determination was made in this review with respect
to its separate rate status.\34\
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\32\ See Preliminary Decision Memorandum at 13.
\33\ The Department finds that the following 19 non-selected
companies demonstrated their eligibility for separate rates: (1)
Canadian Solar International Limited; (2) Canadian Solar
Manufacturing (Changshu) Inc.; (3) Canadian Solar Manufacturing
(Luoyang) Inc.; (4) Changzhou Trina Solar Energy Co., Ltd./Trina
Solar (Changzhou) Science and Technology Co., Ltd.; (5) Chint Solar
(Zhejiang) Co., Ltd.; (6) De-Tech Trading Limited HK; (7) Eoplly New
Energy Technology Co., Ltd.; (8) Hangzhou Zhejiang University Sunny
Energy Science and Technology Co., Ltd.; (9) Jinko Solar Import and
Export Co., Ltd.; (10) Ningbo Qixin Solar Electrical Appliance Co.,
Ltd.; (11) Renesola Jiangsu Ltd.; (12) Shanghai BYD Co., Ltd.; (13)
Shenzhen Topray Solar Co. Ltd.; (14) Sopray Energy Co., Ltd.; (15)
Star Power International Limited; (16) Sun Earth Solar Power Co.,
Ltd.; (17) Yingli Green Energy Holding Company Limited; (18) Yingli
Green Energy International Trading Company Limited; and (19)
Zhejiang Sunflower Light Energy Science & Technology Limited
Liability Company.
\34\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules From the People's Republic of China: Amended
Partial Rescission of Antidumping Duty Administrative Review, 79 FR
43713, 43714 (July 28, 2014). For additional discussion, see Issues
and Decision Memorandum at Comment 8.
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PRC-Wide Entity
In the Preliminary Results, the Department preliminarily determined
to treat 21 companies subject to this review as part of the PRC-wide
entity because they did not establish their eligibility to receive a
separate rate.\35\ Interested parties commented on the Department's
preliminary decision to treat the Wuxi Suntech Single Entity, ERA Solar
Co., Ltd., Jiangsu Sunlink PV Technology Co., Ltd., CSG PVTech Co.,
Ltd., and Leye Photovoltaic Co., Ltd. as part of the PRC-wide
entity.\36\ In the Preliminary Results, the Department collapsed Wuxi
Suntech, Luoyang Suntech, Shanghai Suntech, and Wuxi Sunshine into a
single entity, the Wuxi Suntech Single Entity, and did not grant this
single entity a separate rate. In these final results we are only
collapsing Wuxi Suntech and Luoyang Suntech. Based on record
information, we find the collapsed entity comprising Wuxi Suntech and
Luoyang Suntech has established its entitlement to a separate rate
because it is wholly foreign owned.\37\ With respect to the other two
companies that we preliminarily collapsed, but are no longer
collapsing, with Wuxi Suntech, Shanghai Suntech reported that it made
no shipments during the POR,\38\ and the Department, based on its
examination of record evidence, finds that this company did not have
any reviewable transactions of subject merchandise during the POR.\39\
Because Shanghai Suntech did not have any reviewable transactions
during the POR, it does not qualify to be granted separate rates
status.\40\ Additionally, all parties withdrew their requests to review
Wuxi Sunshine and thus it is not subject to this administrative
review.\41\ The Department continues to find that the remaining
companies preliminarily found not to have established their eligibility
for a separate rate to be part of the PRC-wide entity.\42\ In addition,
the Department finds that LDK Hi-Tech (Nanchang Co., Ltd., which did
not provide the Department with information regarding its eligibility
for separate rate status, is also a part of the PRC-wide entity.\43\
Further, the Department finds that Leye Photovoltaic Co., Ltd. is not
subject to this administrative review, and, therefore, retains its
combination rate, i.e., separate rate for merchandise produced and
exported by Leye Photovoltaic Co., Ltd., which it received in the
underlying investigation.\44\
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\35\ See Preliminary Decision Memorandum at 15.
\36\ See Issues and Decision Memorandum.
\37\ Id.
\38\ See Shanghai Suntech's February 26, 2014 submission to the
Department.
\39\ See Shanghai Suntech's October 21, 2014 submission to the
Department.
\40\ Shanghai Suntech received its separate rate as a company
that belonged to the Wuxi Suntech Single Entity. Because we find
that Shanghai Suntech is no longer part of the Wuxi Suntech Single
Entity and is subject to review, we have considered whether it
qualifies to be granted a separate-rate in this review.
\41\ In the investigation, Wuxi Sunshine received its separate
rate as a company that belonged to the Wuxi Suntech Single Entity.
Because we find that Wuxi Sunshine is no longer part of the Wuxi
Suntech Single Entity, Wuxi Sunshine is not entitled to the
separate-rate rate status previously granted to that Single Entity.
Accordingly, it is part of the PRC-Wide Entity for cash deposit
purposes.
\42\ See infra n. 49 for a list of companies that the Department
has determined should be treated as part of the PRC-wide entity.
\43\ See Issues and Decision Memorandum at Comment 8.
\44\ Id. at Comment 7.
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Rate for Separate-Rate Companies Not Selected as Mandatory Respondents
The statute and the Department's regulations do not address the
establishment of a rate to be applied to individual respondents not
selected for examination when the Department limits its examination in
an administrative review pursuant to section 777A(c)(2)(B) of the Act.
Generally, the Department looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
investigation, for guidance when calculating the rate for respondents
which we did not individually examine in an administrative review.
Section 735(c)(5)(A) of the Act instructs the Department to avoid
calculating an all-others rate using rates which are zero, de minimis
or based entirely on facts available. Accordingly, the Department's
usual practice has been to average the weighted-average dumping margins
for the selected companies, excluding rates that are zero, de minimis,
or based entirely on facts available.\45\ Accordingly, the Department
assigned to the companies that it did not individually examine, but
which demonstrated their eligibility for a separate rate, the weighted-
average dumping margins calculated for the two mandatory
respondents.\46\
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\45\ See Ball Bearings and Parts Thereof From France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR
52823, 52824 (September 11, 2008), and accompanying Issues and
Decision Memorandum at Comment 16.
\46\ See Memorandum to the File, through Howard Smith, Program
Manager, AD/CVD Operations, Office IV, ``Calculation of the Final
Margin for Separate Rate Recipients,'' dated concurrently with this
notice.
---------------------------------------------------------------------------
Final Results
We determine that the following weighted-average dumping margins
exist for the POR:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Yingli Single Entity: Yingli Energy (China) Company 0.79
Limited/Baoding Tianwei Yingli New Energy Resources
Co., Ltd./Tianjin Yingli New Energy Resources Co.,
Ltd./Hengshui Yingli New Energy Resources Co., Ltd./
Lixian Yingli New Energy Resources Co., Ltd./Baoding
Jiasheng Photovoltaic Technology Co., Ltd./Beijing
Tianneng Yingli New Energy Resources Co., Ltd./
Hainan Yingli New Energy Resources Co., Ltd.\47\....
Wuxi Suntech Power Co., Ltd./Luoyang Suntech Power 33.08
Co., Ltd............................................
[[Page 41002]]
Canadian Solar International Limited................. 9.67
Canadian Solar Manufacturing (Changshu) Inc.......... 9.67
Canadian Solar Manufacturing (Luoyang) Inc........... 9.67
Changzhou Trina Solar Energy Co., Ltd./Trina Solar 9.67
(Changzhou) Science and Technology Co., Ltd.\48\....
Chint Solar (Zhejiang) Co., Ltd...................... 9.67
De-Tech Trading Limited HK........................... 9.67
Eoplly New Energy Technology Co., Ltd................ 9.67
Hangzhou Zhejiang University Sunny Energy Science and 9.67
Technology Co., Ltd.................................
Jinko Solar Import and Export Co., Ltd............... 9.67
Ningbo Qixin Solar Electrical Appliance Co., Ltd..... 9.67
Renesola Jiangsu Ltd................................. 9.67
Shanghai BYD Co., Ltd................................ 9.67
Shenzhen Topray Solar Co. Ltd........................ 9.67
Sopray Energy Co., Ltd............................... 9.67
Star Power International Limited..................... 9.67
Sun Earth Solar Power Co., Ltd....................... 9.67
Yingli Green Energy Holding Company Limited.......... 9.67
Yingli Green Energy International Trading Company 9.67
Limited.............................................
Zhejiang Sunflower Light Energy Science & Technology 9.67
Limited Liability Company...........................
PRC-Wide Entity \49\................................. \50\ 238.95
------------------------------------------------------------------------
Assessment Rates
---------------------------------------------------------------------------
\47\ As noted above these companies comprise the Yingli Single
Entity.
\48\ In the investigation in this proceeding, the Department
treated Changzhou Trina Solar Energy Co., Ltd. and Trina Solar
(Changzhou) Science & Technology Co., Ltd. as a single entity. See
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
into Modules, from the People's Republic of China: Final
Determination of Sales at Less Than Fair Value, and Affirmative
Final Determination of Critical Circumstances, in Part, 77 FR 63791
(October 17, 2012). Because no party has provided information on the
record of the review contradicting this determination, the
Department has continued to treat these companies as a single entity
for purposes of this review.
\49\ The PRC-wide entity includes the following companies: (1)
Shanghai Suntech; (2) Wuxi Sunshine; (3) Changzhou NESL Solartech
Co., Ltd.; (4) CSG PVTech Co., Ltd.; (5) Era Solar Co., Ltd.; (6)
Innovosolar; (7) Jiangsu Sunlink PV Technology Co., Ltd.; (8) Jiawei
Solarchina Co., Ltd.; (9) Jinko Solar Co., Ltd.; (10) LDK Solar Hi-
tech (Suzhou) Co., Ltd.; (11) Leye Photovoltaic Science Tech.; (12)
Magi Solar Technology; (13) Ningbo ETDZ Holdings, Ltd.; (14)
ReneSola; (15) Shanghai Machinery Complete Equipment (Group) Corp.,
Ltd.; (16) Shenglong PV-Tech; (17) Solarbest Energy-Tech (Zhejiang)
Co., Ltd.; (18) Suzhou Shenglong PV-TECH Co., Ltd.; (19) Zhejiang
Shuqimeng Photovoltaic Technology Co., Ltd.; (20) Zhejiang Xinshun
Guangfu Science and Technology Co., Ltd.; (21) Zhejiang ZG-Cells
Co., Ltd.; (22) Zhiheng Solar Inc.; and (23) LDK Hi-Tech (Nanchang
Co., Ltd. In addition, the PRC-wide entity includes the companies
listed in Appendix II of the notice Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules From the People's
Republic of China: Amended Partial Rescission of Antidumping Duty
Administrative Review, 79 FR 43713 (July 28, 2014).
\50\ This PRC-wide entity rate equals the PRC-wide entity rate
of 249.96% adjusted for export subsidies and estimated domestic
subsidy pass-through.
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The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries covered by this review. The Department intends to
issue assessment instructions to CBP 15 days after the publication date
of these final results of this review. In accordance with 19 CFR
351.212(b)(1), we are calculating importer- (or customer-) specific
assessment rates for the merchandise subject to this review. For any
individually examined respondent whose weighted-average dumping margin
is above de minimis (i.e., 0.50 percent), the Department will calculate
importer- (or customer)-specific assessment rates for merchandise
subject to this review. Where the respondent reported reliable entered
values, the Department calculated importer- (or customer)-specific ad
valorem rates by aggregating the dumping margins calculated for all
U.S. sales to the importer- (or customer) and dividing this amount by
the total entered value of the sales to the importer- (or
customer).\51\ Where the Department calculated an importer- (or
customer)-specific weighted-average dumping margin by dividing the
total amount of dumping for reviewed sales to the importer- (or
customer) by the total sales quantity associated with those
transactions, the Department will direct CBP to assess importer- (or
customer)-specific assessment rates based on the resulting per-unit
rates.\52\ Where an importer- (or customer)- specific ad valorem or
per-unit rate is greater than de minimis, the Department will instruct
CBP to collect the appropriate duties at the time of liquidation. Where
either the respondent's weighted average dumping margin is zero or de
minimis, or an importer (or customer-) specific ad valorem or per-unit
rate is zero or de minimis, the Department will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\53\
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\51\ See 19 CFR 351.212(b)(1).
\52\ Id.
\53\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012).
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On October 24, 2011, the Department announced a refinement to its
assessment practice in NME antidumping duty cases.\54\ Pursuant to this
refinement in practice, for merchandise that was not reported in the
U.S. sales databases submitted by an exporter individually examined
during this review, but that entered under the case number of that
exporter (i.e., at the individually-examined exporter's cash deposit
rate), the Department will instruct CBP to liquidate such entries at
the PRC-wide rate, as adjusted for export subsidies and estimated
domestic subsidy pass-through. Additionally, pursuant to this
refinement, if the Department determines that an exporter under review
had no shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number will be liquidated at the
PRC-wide rate, as adjusted for export subsidies and estimated domestic
subsidy pass-through.
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\54\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC
[[Page 41003]]
entered, or withdrawn from warehouse, for consumption on or after the
publication date of this notice in the Federal Register, as provided by
section 751(a)(2)(C) of the Act: (1) For the exporters listed above,
the cash deposit rate will be the rate listed for each exporter in the
table in the ``Final Results'' section of this notice; (2) for
previously investigated PRC and non-PRC exporters that received a
separate rate in a prior segment of this proceeding, the cash deposit
rate will continue to be the existing exporter-specific rate; (3) for
all PRC exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be the rate
previously established for the PRC-wide entity; and (4) for all non-PRC
exporters of subject merchandise which have not received their own
rate, the cash deposit rate will be the rate applicable to the PRC
exporter that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Disclosure
We intend to disclose the calculations performed for these final
results of review within five days of the date of publication of this
notice in the Federal Register in accordance with 19 CFR 351.224(b).
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order (``APO'')
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305, which continues to govern business proprietary information in
this segment of the proceeding. Timely written notification of the
return or destruction of APO materials, or conversion to judicial
protective order, is hereby requested. Failure to comply with the
regulations and terms of an APO is a violation which is subject to
sanction.
We are issuing these results of administrative review and
publishing notice in accordance with sections 751(a)(1) and 777(i) of
the Act.
Dated: July 7, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
Summary
Background
Scope of the Order
Treatment of Wuxi Suntech, Luoyang Suntech, Shanghai Suntech, and
Wuxi Sunshine
Adjustment Under Section 777A(f) of the Act for Wuxi Suntech
Discussion of the Issues
Comment 1. Rescission of the Reviews of JingAo Solar Co., Ltd.
and Shanghai JA Solar PV Technology Co., Ltd.
Comment 2. Treatment of ERA Solar Co., Ltd.
Comment 3. PRC-Wide Entity Rate
Comment 4. Assessment of Entries Made Prior to the International
Trade Commission's Final Determination
Comment 5. Treatment of Jiangsu Sunlink PV Technology Co., Ltd.
Comment 6. Treatment of CSG PVTech Co., Ltd.
Comment 7. Treatment of Leye Photovoltaic Science & Technology
Co. Ltd.
Comment 8. Rescission of Review of LDK Solar Hi-Tech (Nanchang)
Co., Ltd.
Comment 9. Whether to Apply Adverse Facts Available (``AFA'') to
Two Unreported Yingli Sales
Comment 10. Unreported FOPs by Suppliers and Tollers
Comment 11. Surrogate Value for Cutting Wire
Comment 12. Surrogate Value for Aluminum-Silver Paste
Comment 13. Surrogate Value for Silver Paste
Comment 14. Surrogate Value for Unclassified Stores
Comment 15. Ocean Freight
Comment 16. Brokerage and Handling
Comment 17. Labor Calculation
Comment 18. Surrogate Value for Natural Gas
Comment 19. Surrogate Value for Nitric Acid
Comment 20. Surrogate Value for Hydrofluoric Acid
Comment 21. Application of Surrogate Marine Insurance Rate
Comment 22. Conversion Factor for Natural Gas
Comment 23. Movement Expenses for Yingli's EP Sale
Comment 24. Surrogate Value for Backsheet
Comment 25. Calculation of Surrogate Financial Profit Ratio
Comment 26. Gross Unit Price Adjustments
Comment 27. Surrogate Value for Wafers
Comment 28. Export Subsidy Adjustment
Comment 29. By-Product Offset for Broken Wafers
Comment 30. Surrogate Value for Quartz Crucibles
Comment 31. Surrogate Value for Junction Boxes
Comment 32. Differential Pricing
Comment 33. Surrogate Value for the Polysilicon Feedstock and
Solar Cell Offsets
Comment 34. Surrogate Value for Semi-finished Polysilicon Ingots
and Blocks
Comment 35. Surrogate Value for Aluminum Angle Keys
Comment 36. Surrogate Value for Aluminum Frames
Comment 37. Indirect Selling Expenses
Comment 38. Application of a By-Product Recovery Cap on Recycled
Paste
Comment 39. Whether the Department Improperly Calculated the
Partial AFA Rate Applied to Yingli
Comment 40. Whether to Exclude Certain Reported CEP Sales
Comment 41. Wuxi Suntech Separate Rate Status
Comment 42. The Department's Separate Rates Practice in AD
Proceedings Involving the PRC
[FR Doc. 2015-17238 Filed 7-13-15; 8:45 am]
BILLING CODE 3510-DS-P
