Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Rescission of Antidumping Duty New Shipper Review; 2013-2014, 55090-55091 [2015-23049]
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55090
Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices
rate assigned to the company in the
most recently completed review of that
company, except for entries for which
the importer claims to be excluded from
the order under the re-export provision
of the scope, which will require a cash
deposit rate of zero percent; (2) for
previously reviewed or investigated
companies not listed above, the cash
deposit rate will continue to be the
company-specific rate published for the
most recent period with a completed
segment of this proceeding; (3) if the
exporter is not a firm covered in this
review, a prior review, or the less-thanfair-value investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period with a completed segment
of this proceeding for the manufacturer
of the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 19.95
percent, the all-others rate established
in the investigation.6 Entries
accompanied by certifications from the
exporter, the importer, and the end user,
indicating that the LEU will be reexported within 18 months will be
subject to a cash deposit requirement of
zero percent ad valorem. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification Regarding Administrative
Protective Orders
This notice is the only reminder to
parties subject to the administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under the APO in accordance
with 19 CFR 351.305(a)(3), 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 the terms of an APO is
a sanctionable violation.
tkelley on DSK3SPTVN1PROD with NOTICES
Notification to Importers
This notice serves as a final reminder
to the importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
6 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Low Enriched Uranium From France,
67 FR 6680 (February 13, 2002).
VerDate Sep<11>2014
18:15 Sep 11, 2015
Jkt 235001
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification to Interested Parties
These final results of administrative
review are issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: September 4, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Issues in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Treatment of Samples
Comment 2: Re-export Certifications
V. Determination of No Shipments
VI. Revised Entry Certifications
VII. Recommendation
[FR Doc. 2015–23050 Filed 9–11–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–979]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Rescission of Antidumping
Duty New Shipper Review; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) published its
Preliminary Rescission for the new
shipper review (‘‘NSR’’) of the
antidumping duty order on crystalline
silicon photovoltaic cells, whether or
not assembled into modules, from the
People’s Republic of China (‘‘PRC’’) on
April 21, 2015.1 The period of review
(‘‘POR’’) is December 1, 2013, through
May 31, 2014. As discussed below, we
AGENCY:
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the
People’s Republic of China: Preliminary Rescission
of 2013–2014 Antidumping Duty New Shipper
Review, 80 FR 22164 (April 21, 2015) (‘‘Preliminary
Rescission’’); see also Memorandum to Howard
Smith, Acting Director, Office 4, AD/CVD
Operations, from Jeffrey Pedersen, International
Trade Analyst, titled ‘‘2013–2014 Antidumping
Duty New Shipper Review of Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, From the People’s Republic of China:
Preliminary Bona Fide Sales Analysis for Hengdian
Group DMEGC Magnetics Co., Ltd.,’’ dated April 7,
2015.
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preliminarily found that the sale made
by Hengdian Group DMEGC Magnetics
Co., Ltd. (‘‘DMEGC’’) was non-bona fide,
and announced our preliminary intent
to rescind its NSR. For the final results
of this review, we continue to find
DMEGC’s sale to be non-bona fide.
Therefore, we are rescinding this NSR.
DATES: Effective Date: September 14,
2015.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Pedersen, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–2769.
SUPPLEMENTARY INFORMATION:
Background
For a complete description of the
events that following the publication of
the Preliminary Results, see the Issues
and Decision Memorandum.2 The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s AD
and Countervailing Duty (CVD)
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 at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
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.3 Merchandise
covered by the order is classifiable
under subheadings 8501.61.0000,
8507.20.80, 8541.40.6020, 8541.40.6030,
2 See Memorandum from Edward Yang, Senior
Director, Office VII, Antidumping and
Countervailing Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, entitled ‘‘Issues and Decision
Memorandum for the Final Results of the
Antidumping Duty New Shipper Review:
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled Into Modules, From the People’s
Republic of China’’ issued concurrently with and
hereby adopted by this notice (‘‘Issues and Decision
Memorandum’’).
3 For a complete description of the scope of the
order, see the Issues and Decision Memorandum.
E:\FR\FM\14SEN1.SGM
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Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices
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 by parties are addressed
in the Issues and Decision
Memorandum.4 A list of the issues
which parties raised is attached to this
notice as an Appendix.
Bona Fide Analysis
For the Preliminary Rescission, the
Department analyzed the bona fides of
DMEGC’s single sale and preliminarily
found it to be a non-bona fide sale.5
Based on the Department’s complete
analysis of all of the information and
comments on the record of this review,
the Department continues to find
DMEGC’s sale to be a non-bona fide
sale. The Department reached this
conclusion based on the totality of
circumstances, namely: (a) The atypical
nature of the price and sale quantity; (b)
DMEGC’s failure to demonstrate that its
first unaffiliated customer resold the
merchandise at a profit; (c) the timing of
the sale; and (d) issues concerning
payment.6 For a complete discussion,
see the Issues and Decision
Memorandum.7
Rescission of New Shipper Review
For the foregoing reasons, the
Department finds that DMEGC’s sale is
a non-bona fide sale and that this sale
does not provide a reasonable or reliable
basis for calculating a dumping margin.
Because this non-bona fide sale was
DMEGC’s only sale of subject
tkelley on DSK3SPTVN1PROD with NOTICES
4 Id.
5 See ‘‘Decision Memorandum for the Preliminary
Rescission of the 2013–2014 Antidumping Duty
New Shipper Review: Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China’’
from Christian Marsh, Deputy Assistant Secretary
for Antidumping and Countervailing Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, dated April 7, 2015.
6 See Issues and Decision Memorandum.
7 Id. Further, because a significant amount of the
information discussed may not be publicly
disclosed, the Department addressed the issue in a
separate business proprietary memorandum. See
Memorandum to Edward Yang Senior Director,
Office VII, Antidumping and Countervailing Duty
Operations, from Abdelali Elouaradia, Director,
Office IV, Antidumping and Countervailing Duty
Operations: ‘‘2013–2014 Antidumping Duty New
Shipper Review of Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules,
from the People’s Republic of China: Comments in
the Issues and Decision Memorandum Containing
Business Proprietary Information,’’ dated
concurrently with this notice.
VerDate Sep<11>2014
18:15 Sep 11, 2015
Jkt 235001
merchandise during the POR, the
Department is rescinding this NSR.
Assessment
As the Department is rescinding this
NSR, we have not calculated a
company-specific dumping margin for
DMEGC. DMEGC remains part of the
PRC-wide entity and, accordingly, its
entries will be assessed at the PRC-wide
rate.
Cash Deposit Requirements
Effective upon publication of this
notice of final rescission of the NSR of
DMEGC, the Department will instruct
U.S. Customs and Border Protection to
discontinue the option of posting a bond
or security in lieu of a cash deposit for
entries of subject merchandise from
DMEGC. Because we did not calculate a
dumping margin for DMEGC or grant
DMEGC a separate rate in this review,
DMEGC continues to be part of the PRCwide entity. The cash deposit rate for
the PRC-wide entity is 238.95 percent.
These cash deposit requirements shall
remain in effect until further notice.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to Administrative
Protective Order (‘‘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 these segments 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 and publishing this
notice in accordance with sections
751(a)(2)(B) and 777(i) of the Tariff Act
of 1930, as amended, and 19 CFR
351.214.
Dated: September 4, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—Issues and Decision
Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Commerce’s Bona Fide Analysis
for DMEGC
Comment 2: Surrogate Country and Value
Selection
Recommendation
[FR Doc. 2015–23049 Filed 9–11–15; 8:45 am]
BILLING CODE 3510–DS–P
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55091
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–868]
Large Residential Washers From the
Republic of Korea: Partial Rescission
of Antidumping Duty Administrative
Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is partially rescinding
its administrative review of the
antidumping duty order on large
residential washers (LRW) from the
Republic of Korea (Korea) for the period
of review February 1, 2014, through
January 31, 2015 (POR).
DATES: Effective Date: September 14,
2015.
FOR FURTHER INFORMATION CONTACT:
David Goldberger or Reza Karamloo,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4136 or (202) 482–4470,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 2, 2015, the Department
published in the Federal Register a
notice of ‘‘Opportunity to Request
Administrative Review’’ of the
antidumping duty order on LRW from
Korea for the POR.1
On February 11, 2015, in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.213(b), the Department received a
timely request from LG Electronics, Inc.
and its affiliate LG Electronics USA, Inc.
(collectively, LG) to conduct a review of
LG’s sales and shipments to the United
States during the POR. On February 26,
2015, Whirlpool Corporation, the
petitioner, requested that the
Department conduct an administrative
review of the sales of LG, Samsung
Electronics Co., Ltd. (Samsung), and
Daewoo Electronics Corporation
(Daewoo).2
On April 3, 2015, the Department
published in the Federal Register a
notice of initiation of an administrative
review of the antidumping duty order
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 80 FR 5509
(February 2, 2015).
2 See February 11 and 26, 2015, letters from LG
and the petitioner, respectively, regarding request
for administrative review.
E:\FR\FM\14SEN1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Notices]
[Pages 55090-55091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23049]
-----------------------------------------------------------------------
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: Rescission of
Antidumping Duty New Shipper Review; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') published its
Preliminary Rescission for the new shipper review (``NSR'') of the
antidumping duty order on crystalline silicon photovoltaic cells,
whether or not assembled into modules, from the People's Republic of
China (``PRC'') on April 21, 2015.\1\ The period of review (``POR'') is
December 1, 2013, through May 31, 2014. As discussed below, we
preliminarily found that the sale made by Hengdian Group DMEGC
Magnetics Co., Ltd. (``DMEGC'') was non-bona fide, and announced our
preliminary intent to rescind its NSR. For the final results of this
review, we continue to find DMEGC's sale to be non-bona fide.
Therefore, we are rescinding this NSR.
---------------------------------------------------------------------------
\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People's Republic of China:
Preliminary Rescission of 2013-2014 Antidumping Duty New Shipper
Review, 80 FR 22164 (April 21, 2015) (``Preliminary Rescission'');
see also Memorandum to Howard Smith, Acting Director, Office 4, AD/
CVD Operations, from Jeffrey Pedersen, International Trade Analyst,
titled ``2013-2014 Antidumping Duty New Shipper Review of
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Preliminary Bona
Fide Sales Analysis for Hengdian Group DMEGC Magnetics Co., Ltd.,''
dated April 7, 2015.
---------------------------------------------------------------------------
DATES: Effective Date: September 14, 2015.
FOR FURTHER INFORMATION CONTACT: Jeffrey Pedersen, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-2769.
SUPPLEMENTARY INFORMATION:
Background
For a complete description of the events that following the
publication of the Preliminary Results, see the Issues and Decision
Memorandum.\2\ The Issues and Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's AD and
Countervailing Duty (CVD) 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 at
https://enforcement.trade.gov/frn/. The signed Issues and
Decision Memorandum and the electronic version of the Issues and
Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\2\ See Memorandum from Edward Yang, Senior Director, Office
VII, Antidumping and Countervailing Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, entitled
``Issues and Decision Memorandum for the Final Results of the
Antidumping Duty New Shipper Review: Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into Modules, From the
People's Republic of China'' issued concurrently with and hereby
adopted by this notice (``Issues and Decision Memorandum'').
---------------------------------------------------------------------------
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.\3\
Merchandise covered by the order is classifiable under subheadings
8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030,
[[Page 55091]]
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.
---------------------------------------------------------------------------
\3\ For a complete description of the scope of the order, see
the Issues and Decision Memorandum.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in the Issues and Decision Memorandum.\4\ A list of the
issues which parties raised is attached to this notice as an Appendix.
---------------------------------------------------------------------------
\4\ Id.
---------------------------------------------------------------------------
Bona Fide Analysis
For the Preliminary Rescission, the Department analyzed the bona
fides of DMEGC's single sale and preliminarily found it to be a non-
bona fide sale.\5\ Based on the Department's complete analysis of all
of the information and comments on the record of this review, the
Department continues to find DMEGC's sale to be a non-bona fide sale.
The Department reached this conclusion based on the totality of
circumstances, namely: (a) The atypical nature of the price and sale
quantity; (b) DMEGC's failure to demonstrate that its first
unaffiliated customer resold the merchandise at a profit; (c) the
timing of the sale; and (d) issues concerning payment.\6\ For a
complete discussion, see the Issues and Decision Memorandum.\7\
---------------------------------------------------------------------------
\5\ See ``Decision Memorandum for the Preliminary Rescission of
the 2013-2014 Antidumping Duty New Shipper Review: Crystalline
Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules,
from the People's Republic of China'' from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Operations,
to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement
and Compliance, dated April 7, 2015.
\6\ See Issues and Decision Memorandum.
\7\ Id. Further, because a significant amount of the information
discussed may not be publicly disclosed, the Department addressed
the issue in a separate business proprietary memorandum. See
Memorandum to Edward Yang Senior Director, Office VII, Antidumping
and Countervailing Duty Operations, from Abdelali Elouaradia,
Director, Office IV, Antidumping and Countervailing Duty Operations:
``2013-2014 Antidumping Duty New Shipper Review of Crystalline
Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules,
from the People's Republic of China: Comments in the Issues and
Decision Memorandum Containing Business Proprietary Information,''
dated concurrently with this notice.
---------------------------------------------------------------------------
Rescission of New Shipper Review
For the foregoing reasons, the Department finds that DMEGC's sale
is a non-bona fide sale and that this sale does not provide a
reasonable or reliable basis for calculating a dumping margin. Because
this non-bona fide sale was DMEGC's only sale of subject merchandise
during the POR, the Department is rescinding this NSR.
Assessment
As the Department is rescinding this NSR, we have not calculated a
company-specific dumping margin for DMEGC. DMEGC remains part of the
PRC-wide entity and, accordingly, its entries will be assessed at the
PRC-wide rate.
Cash Deposit Requirements
Effective upon publication of this notice of final rescission of
the NSR of DMEGC, the Department will instruct U.S. Customs and Border
Protection to discontinue the option of posting a bond or security in
lieu of a cash deposit for entries of subject merchandise from DMEGC.
Because we did not calculate a dumping margin for DMEGC or grant DMEGC
a separate rate in this review, DMEGC continues to be part of the PRC-
wide entity. The cash deposit rate for the PRC-wide entity is 238.95
percent. These cash deposit requirements shall remain in effect until
further notice.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
Administrative Protective Order (``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 these segments 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 and publishing this notice in accordance with
sections 751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended,
and 19 CFR 351.214.
Dated: September 4, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Commerce's Bona Fide Analysis for DMEGC
Comment 2: Surrogate Country and Value Selection
Recommendation
[FR Doc. 2015-23049 Filed 9-11-15; 8:45 am]
BILLING CODE 3510-DS-P
