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]

Download as PDF 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. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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 http:// 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 http:// enforcement.trade.gov/frn/index.html. 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 14SEN1 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 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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 14SEN1

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]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-979]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: 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 http://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 
http://enforcement.trade.gov/frn/index.html. 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