Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of the Changed Circumstances Review, 63743-63745 [2015-26762]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will instruct
CBP to continue to suspend liquidation
on entries of subject merchandise from
the PRC. We will also instruct CBP to
require cash deposits equal to the
estimated amount by which the normal
value exceeds the U.S. price as
indicated in the chart below, adjusted
where appropriate for export subsidies
and estimated domestic subsidy passthrough.5 These instructions suspending
liquidation will remain in effect until
further notice.
Accordingly, effective on the date of
publication of the ITC’s final affirmative
injury determination, CBP will require,
at the same time as importers would
normally deposit estimated duties on
this subject merchandise, a cash deposit
equal to the estimated weighted-average
antidumping duty margins, adjusted
where appropriate for export subsidies
and estimated domestic subsidy passthrough, as discussed above.6 The
‘‘PRC-wide’’ rate applies to all exporters
of subject merchandise not specifically
listed.
Provisional Measures
Section 733(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months except where exporters
representing a significant proportion of
exports of the subject merchandise
request the Department to extend that
four-month period to no more than six
months. At the request of an exporter
that accounted for a significant
proportion of exports of boltless steel
shelving from the PRC, we extended the
four-month period to no more than six
months.7 In the underlying
investigation, the Department published
the Preliminary Determination on April
1, 2015. Therefore, the six-month period
beginning on the date of the publication
of the Preliminary Determination ended
on September 27, 2015. Furthermore,
section 737(b) of the Act states that
definitive duties are to begin on the date
of publication of the ITC’s final injury
determination.
Therefore, in accordance with section
733(d) of the Act and our practice, we
will instruct CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
antidumping duties, unliquidated
entries of boltless steel shelving from
the PRC entered, or withdrawn from
warehouse, for consumption after
September 27, 2015, the date the
provisional measures expired, and
through the day preceding the date of
publication of the ITC’s final injury
determination in the Federal Register.
Estimated Weighted-Average Dumping
Margin
The weighted-average antidumping
duty margin percentages are as follows:
Weighted-Average
margin
(percent)
Exporter
Producer
Zhongda United Holding Group Co., Ltd ...............................
Jiaxing Zhongda Import & Export Co., Ltd .............................
Ningbo ETDZ Huixing Trade Co., Ltd ....................................
Ningbo ETDZ Huixing Trade Co., Ltd ....................................
Ningbo ETDZ Huixing Trade Co., Ltd ....................................
Meridian International Co., Ltd ...............................................
Zhejiang Limai Metal Products Co., Ltd .................................
HoiFat (NingBo) Office Facilities Co., Ltd ..............................
PRC-Wide Entity (including Nanjing Topsun Racking Manufacturing Co., Ltd.).
Jiaxing Zhongda Metalwork Co., Ltd .....................................
Jiaxing Zhongda Metalwork Co., Ltd .....................................
Haifa (Ningbo) Office Equipment Co., Ltd .............................
Ningbo Decko Metal Products Trade Co., Ltd .......................
Lianfa Metal Product Co., Ltd ................................................
Zhejiang Limai Metal Products Co., Ltd .................................
Zhejiang Limai Metal Products Co., Ltd .................................
HoiFat (NingBo) Office Facilities Co., Ltd ..............................
.................................................................................................
This notice constitutes the
antidumping duty order with respect to
boltless steel shelving from the PRC,
pursuant to section 736(a) of the Act.
Interested parties may contact the
Department’s Central Records Unit,
Room B8024 of the main Commerce
building, for copies of an updated list of
antidumping duty orders currently in
effect.
This order is published in accordance
with sections 736(a) of the Act and 19
CFR 351.211(b).
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: Preliminary Results of the
Changed Circumstances Review
BILLING CODE 3510–DS–P
Sales at Less Than Fair Value, and Negative
Determination of Critical Circumstances: Certain
Lined Paper Products from India, 71 FR 45012
(August 8, 2006), and accompanying Issues and
Decision Memorandum at Comment 1.
6 See sections 736(a)(3), 772(c)(1)(C) and 777A(f)
of the Act.
7 See Boltless Steel Shelving Units Prepackaged
for Sale From the People’s Republic of China:
Dated: October 15, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–26765 Filed 10–20–15; 8:45 am]
tkelley on DSK3SPTVN1PROD with NOTICES
17.55
17.55
17.55
17.55
17.55
17.55
17.55
17.55
112.68
silicon photovoltaic cells, whether or
not assembled into modules (‘‘solar
cells’’), from the People’s Republic of
China (‘‘PRC’’) in response to a request
from Neo Solar Power Corporation
(‘‘Neo Solar’’), DelSolar Co., Ltd.
(‘‘DelSolar Taiwan’’), and DelSolar
(Wujiang) Ltd. (‘‘DelSolar Wujiang’’).1
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 18, 2015, the
Department of Commerce (the
‘‘Department’’) initiated a changed
circumstance review (‘‘CCR’’) of the
antidumping duty order on crystalline
5 See Final Determination 80 FR at 51781
(describing the adjustments to the AD duty margins
in more detail); see also sections 772(c)(1)(C) and
777A(f) of the Act, respectively. Unlike in
administrative reviews, the Department calculates
the adjustment for export subsidies in
investigations not in the margin calculation
program, but in the cash deposit instructions issued
to CBP. See, e.g., Notice of Final Determination of
63743
AGENCY:
Amended Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final
Determination, 80 FR 21207, 21208 (April 17,
2015).
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Initiation of Changed
Circumstances Review, 80 FR 15568 (March 24,
2015) (‘‘Initiation Notice’’). We note that although
Continued
VerDate Sep<11>2014
22:39 Oct 20, 2015
Jkt 238001
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
E:\FR\FM\21OCN1.SGM
21OCN1
63744
Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices
Pursuant to section 751(b) of the Tariff
Act of 1930, as amended (the ‘‘Act’’),
and 19 CFR 351.216, the Department
preliminarily determines that Neo Solar
is not the successor-in-interest to
DelSolar Taiwan for purposes of
determining antidumping duty (‘‘AD’’)
liability in this proceeding. Interested
parties are invited to comment on these
preliminary results.
DATES: Effective date: October 21, 2015.
FOR FURTHER INFORMATION CONTACT: Erin
Kearney, AD/CVD Operations, Office IV,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0167.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with NOTICES
Background
On December 7, 2012, the Department
published the AD order on solar cells
from the PRC in the Federal Register.2
On February 4, 2015, Neo Solar,
DelSolar Taiwan, and DelSolar Wujiang
requested that the Department conduct
an expedited CCR pursuant to section
751(b)(1) of the Act and 19 CFR
351.216(b) to determine that Neo Solar
is the successor-in-interest to DelSolar
Taiwan for purposes of the Order.3 On
March 6, 2015, SolarWorld Americas,
Inc., petitioner in the underlying
investigation of solar cells
(‘‘Petitioner’’), submitted comments
opposing initiation of this review,
contending that Neo Solar should not be
treated as the successor-in-interest to
DelSolar Taiwan because Neo Solar has
neither established that it operates as
the same business entity as DelSolar
Taiwan, nor that it is eligible for a
separate rate.4
The Department initiated this CCR on
March 18, 2015.5 On June 4, 2015, the
Department issued a supplemental
the request was submitted on behalf of DelSolar
Taiwan, the purported predecessor company, the
request also states that DelSolar Taiwan no longer
exists as a legal entity.
2 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 77 FR 73018
(December 7, 2012) (‘‘Order’’).
3 See Letter from Neo Solar, DelSolar Taiwan, and
DelSolar Wujiang, ‘‘Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules,
from the People’s Republic of China: Changed
Circumstances Review Request,’’ dated February 4,
2015 (‘‘CCR Request’’).
4 See Letter from the Petitioner, ‘‘Crystalline
Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People’s
Republic of China: Comments on Neo Solar Power
Corporation’s Request for a Changed Circumstances
Review,’’ dated March 6, 2015 (‘‘Petitioner’s
Initiation Comments’’).
5 See Initiation Notice.
VerDate Sep<11>2014
22:39 Oct 20, 2015
Jkt 238001
questionnaire to Neo Solar, DelSolar
Taiwan, and DelSolar Wujiang.6 On
June 30, 2015, Neo Solar, DelSolar
Taiwan, and DelSolar Wujiang timely
responded to the Department’s
supplemental questionnaire.7
Scope of the Order
The merchandise covered by this
order is crystalline silicon photovoltaic
cells, and modules, laminates, and
panels, consisting of crystalline silicon
photovoltaic cells, whether or not
partially or fully assembled into other
products, including, but not limited to,
modules, laminates, panels and building
integrated materials. Merchandise
covered by this order is currently
classified in the Harmonized Tariff
System of the United States (‘‘HTSUS’’)
under subheadings 8501.61.0000,
8507.20.80, 8541.40.6020, 8541.40.6030,
and 8501.31.8000. These HTSUS
subheadings are provided for
convenience and customs purposes; the
written description of the scope of this
order is dispositive.
A complete description of the scope
of the order is contained in the
Preliminary Decision Memorandum.8
The Preliminary 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 is
available to all parties in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
6 See Letter from Howard Smith, Program
Manager, Office IV, ‘‘Supplemental Questionnaire
in the Changed Circumstances Review of
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled Into Modules, from the People’s
Republic of China,’’ dated June 4, 2015
(‘‘Supplemental Questionnaire’’).
7 See Letter from Neo Solar, DelSolar Taiwan, and
DelSolar Wujiang, ‘‘Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules,
from the People’s Republic of China,’’ dated June
30, 2015 (‘‘Supplemental Questionnaire
Response’’).
8 See ‘‘Decision Memorandum for the Preliminary
Results of the Antidumping Duty Changed
Circumstances Review of Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China: Neo
Solar Power Corporation and DelSolar Co., Ltd.’’
dated concurrently and hereby adopted in this
notice.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
Methodology
In accordance with section 751(b)(1)
of the Act, we are conducting this CCR
based upon the information contained
in the submissions of Neo Solar,
DelSolar Taiwan, and DelSolar
Wujiang.9 For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Preliminary Results of the Changed
Circumstances Review
Based on record evidence, we
preliminarily determine that Neo Solar
is not the successor-in-interest to
DelSolar Taiwan. Specifically, we find
that material changes occurred after
DelSolar Taiwan merged with, and
became part of, Neo Solar, including
significant changes in management, the
board of directors, and ownership. In
addition, we find that Neo Solar did not
demonstrate that its operations, with
respect to the subject merchandise, were
materially similar to the operations of
DelSolar Taiwan when it comes to
supplier relationships and customer
base. Thus, we preliminarily determine
that Neo Solar does not operate as the
same business entity as DelSolar Taiwan
with respect to the subject merchandise.
A list of topics discussed in the
Preliminary Decision Memorandum
appears in the Appendix to this notice.
If the Department upholds these
preliminary results in the final results,
Neo Solar will be subject to the cash
deposit rate currently assigned to the
PRC-wide entity (i.e., 238.95 percent).10
Public Comment
Interested parties may submit case
briefs no later than 14 days after the
date of publication of these preliminary
results of review in the Federal
Register.11 Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed by no later than five days after the
deadline for filing case briefs.12 Parties
that submit case or rebuttal briefs are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.13 All briefs
are to be filed electronically using
9 See CCR Request and Supplemental
Questionnaire Response.
10 See 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,
80 FR 40998 (July 14, 2015).
11 See 19 CFR 351.309(c)(1)(ii). The Department
has exercised its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for
submission of case briefs.
12 See 19 CFR 351.309(d)(1).
13 See 19 CFR 351.309(c)(2) and (d)(2).
E:\FR\FM\21OCN1.SGM
21OCN1
Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices
ACCESS.14 An electronically filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the day on which it is
due.15
Any interested party may submit a
request for a hearing to the Assistant
Secretary of Enforcement and
Compliance using ACCESS within 14
days of publication of this notice in the
Federal Register.16 Hearing requests
should contain the following
information: (1) The party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed.17 Oral
presentations will be limited to issues
raised in the briefs. If a request for a
hearing is made, parties will be notified
of the time and date of the hearing
which will be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.18
Final Results of the Review
Unless extended, in accordance with
19 CFR 351.216(e), the Department
intends to issue the final results of this
changed circumstances review not later
than 270 days after the date on which
the review was initiated.
Notification to Parties
The Department is issuing and
publishing these results in accordance
with sections 751(b)(1) and 777(i) of the
Act and 19 CFR 351.216 and
351.221(c)(3)(i).
Dated: October 15, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
tkelley on DSK3SPTVN1PROD with NOTICES
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Results of the Changed
Circumstances Review
Discussion of Methodology
Successor-in-Interest Analysis
1. Ownership and Management
2. Production Facilities
3. Supplier Relationships
4. Customer Base
V. Summary of Preliminary Findings
VI. Recommendation
[FR Doc. 2015–26762 Filed 10–20–15; 8:45 am]
BILLING CODE 3510–DS–P
14 See
19 CFR 351.303(b).
15 Id.
16 See
19 CFR 351.310(d).
VerDate Sep<11>2014
22:39 Oct 20, 2015
International Trade Administration
[C–351–846, C–580–884, C–489–827]
Certain Hot-Rolled Steel Flat Products
From Brazil, the Republic of Korea,
and Turkey: Postponement of
Preliminary Determinations in the
Countervailing Duty Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 21, 2015.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin at (202) 482–6478
(Brazil); Katie Marksberry at (202) 482–
7906 (Republic of Korea); Emily Halle at
(202) 482–0176 (Turkey), AD/CVD
Operations, Enforcement and
Compliance, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 31, 2015, the Department
of Commerce (the Department) initiated
countervailing duty (CVD)
investigations of imports of certain hotrolled steel flat products (hot-rolled
steel) from Brazil, the Republic of Korea
(Korea), and Turkey.1 The notice of
initiation stated that, in accordance with
section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.205(b)(1), we would issue our
preliminary determinations no later
than 65 days after the date of initiation,
unless postponed. Currently, the
preliminary determinations in these
investigations are due no later than
November 4, 2015.
Postponement of Preliminary
Determinations
Jkt 238001
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
than 130 days after the date on which
the Department initiated the
investigation.
The Department determines that the
parties involved in these hot-rolled steel
CVD investigations are cooperating, and
that the investigations are
extraordinarily complicated. Additional
time is required to analyze the
questionnaire responses and issue
appropriate requests for clarification
and additional information.
Therefore, in accordance with section
703(c)(1)(B) of the Act and 19 CFR
351.205(f)(1), the Department is
postponing the time period for the
preliminary determinations of these
investigations by 65 days, to January 8,
2016. Pursuant to section 705(a)(1) of
the Act and 19 CFR 351.210(b)(1), the
deadline for the final determinations
will continue to be 75 days after the
date of the preliminary determinations.
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: October 15, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–26775 Filed 10–20–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Adminstration
[C–570–019]
Boltless Steel Shelving Units
Prepackaged for Sale From the
People’s Republic of China: Amended
Final Affirmative Countervailing Duty
Determination and Countervailing Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the ‘‘Department’’) and the
International Trade Commission
(‘‘ITC’’), the Department is issuing a
countervailing duty (‘‘CVD’’) order on
boltless steel shelving units
prepackaged for sale (‘‘boltless steel
shelving’’) from the People’s Republic of
China (the ‘‘PRC’’). Also, as explained in
this notice, we are amending our Final
Determination 1 to correct a ministerial
error with respect to the CVD rate
applied to companies that did not
AGENCY:
Section 703(c)(1)(B) of the Act permits
the Department to postpone the time
limit for the preliminary determination
if it concludes that the parties
concerned are cooperating and
determines that the case is
extraordinarily complicated by reason of
the number and complexity of the
transactions to be investigated or
adjustments to be considered, the
novelty of the issues presented, or the
number of firms whose activities must
be investigated, and additional time is
necessary to make the preliminary
determination. Under this section of the
Act, the Department may postpone the
preliminary determination until no later
1 See Certain Hot-Rolled Steel Flat Products From
Brazil, the Republic of Korea, and Turkey: Initiation
of Countervailing Duty Investigations, 80 FR 54267
(September 9, 2015).
19 CFR 351.310(c).
17 Id.
18 See
DEPARTMENT OF COMMERCE
63745
1 See Boltless Steel Shelving Units Prepackaged
for Sale from the People’s Republic of China: Final
Affirmative Countervailing Duty Determination, 80
FR 51775 (August 26, 2015) (‘‘Final
Determination’’) and accompanying Issues and
Decision Memorandum (‘‘I&D Memo’’).
E:\FR\FM\21OCN1.SGM
21OCN1
]]>Agencies
[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63743-63745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26762]
-----------------------------------------------------------------------
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: Preliminary Results
of the Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 18, 2015, the Department of Commerce (the
``Department'') initiated a changed circumstance review (``CCR'') 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'') in response to a request from Neo
Solar Power Corporation (``Neo Solar''), DelSolar Co., Ltd. (``DelSolar
Taiwan''), and DelSolar (Wujiang) Ltd. (``DelSolar Wujiang'').\1\
[[Page 63744]]
Pursuant to section 751(b) of the Tariff Act of 1930, as amended (the
``Act''), and 19 CFR 351.216, the Department preliminarily determines
that Neo Solar is not the successor-in-interest to DelSolar Taiwan for
purposes of determining antidumping duty (``AD'') liability in this
proceeding. Interested parties are invited to comment on these
preliminary results.
---------------------------------------------------------------------------
\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China:
Initiation of Changed Circumstances Review, 80 FR 15568 (March 24,
2015) (``Initiation Notice''). We note that although the request was
submitted on behalf of DelSolar Taiwan, the purported predecessor
company, the request also states that DelSolar Taiwan no longer
exists as a legal entity.
---------------------------------------------------------------------------
DATES: Effective date: October 21, 2015.
FOR FURTHER INFORMATION CONTACT: Erin Kearney, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0167.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2012, the Department published the AD order on solar
cells from the PRC in the Federal Register.\2\ On February 4, 2015, Neo
Solar, DelSolar Taiwan, and DelSolar Wujiang requested that the
Department conduct an expedited CCR pursuant to section 751(b)(1) of
the Act and 19 CFR 351.216(b) to determine that Neo Solar is the
successor-in-interest to DelSolar Taiwan for purposes of the Order.\3\
On March 6, 2015, SolarWorld Americas, Inc., petitioner in the
underlying investigation of solar cells (``Petitioner''), submitted
comments opposing initiation of this review, contending that Neo Solar
should not be treated as the successor-in-interest to DelSolar Taiwan
because Neo Solar has neither established that it operates as the same
business entity as DelSolar Taiwan, nor that it is eligible for a
separate rate.\4\
---------------------------------------------------------------------------
\2\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People's Republic of China: Amended
Final Determination of Sales at Less Than Fair Value, and
Antidumping Duty Order, 77 FR 73018 (December 7, 2012) (``Order'').
\3\ See Letter from Neo Solar, DelSolar Taiwan, and DelSolar
Wujiang, ``Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China: Changed
Circumstances Review Request,'' dated February 4, 2015 (``CCR
Request'').
\4\ See Letter from the Petitioner, ``Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into Modules, from the
People's Republic of China: Comments on Neo Solar Power
Corporation's Request for a Changed Circumstances Review,'' dated
March 6, 2015 (``Petitioner's Initiation Comments'').
---------------------------------------------------------------------------
The Department initiated this CCR on March 18, 2015.\5\ On June 4,
2015, the Department issued a supplemental questionnaire to Neo Solar,
DelSolar Taiwan, and DelSolar Wujiang.\6\ On June 30, 2015, Neo Solar,
DelSolar Taiwan, and DelSolar Wujiang timely responded to the
Department's supplemental questionnaire.\7\
---------------------------------------------------------------------------
\5\ See Initiation Notice.
\6\ See Letter from Howard Smith, Program Manager, Office IV,
``Supplemental Questionnaire in the Changed Circumstances Review of
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, from the People's Republic of China,'' dated June 4,
2015 (``Supplemental Questionnaire'').
\7\ See Letter from Neo Solar, DelSolar Taiwan, and DelSolar
Wujiang, ``Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China,'' dated
June 30, 2015 (``Supplemental Questionnaire Response'').
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order is crystalline silicon
photovoltaic cells, and modules, laminates, and panels, consisting of
crystalline silicon photovoltaic cells, whether or not partially or
fully assembled into other products, including, but not limited to,
modules, laminates, panels and building integrated materials.
Merchandise covered by this order is currently classified in the
Harmonized Tariff System of the United States (``HTSUS'') under
subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and
8501.31.8000. These HTSUS subheadings are provided for convenience and
customs purposes; the written description of the scope of this order is
dispositive.
A complete description of the scope of the order is contained in
the Preliminary Decision Memorandum.\8\ The Preliminary 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 is available to all
parties in the Central Records Unit, room B8024 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\8\ See ``Decision Memorandum for the Preliminary Results of the
Antidumping Duty Changed Circumstances Review of Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into Modules, from the
People's Republic of China: Neo Solar Power Corporation and DelSolar
Co., Ltd.'' dated concurrently and hereby adopted in this notice.
---------------------------------------------------------------------------
Methodology
In accordance with section 751(b)(1) of the Act, we are conducting
this CCR based upon the information contained in the submissions of Neo
Solar, DelSolar Taiwan, and DelSolar Wujiang.\9\ For a full description
of the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\9\ See CCR Request and Supplemental Questionnaire Response.
---------------------------------------------------------------------------
Preliminary Results of the Changed Circumstances Review
Based on record evidence, we preliminarily determine that Neo Solar
is not the successor-in-interest to DelSolar Taiwan. Specifically, we
find that material changes occurred after DelSolar Taiwan merged with,
and became part of, Neo Solar, including significant changes in
management, the board of directors, and ownership. In addition, we find
that Neo Solar did not demonstrate that its operations, with respect to
the subject merchandise, were materially similar to the operations of
DelSolar Taiwan when it comes to supplier relationships and customer
base. Thus, we preliminarily determine that Neo Solar does not operate
as the same business entity as DelSolar Taiwan with respect to the
subject merchandise. A list of topics discussed in the Preliminary
Decision Memorandum appears in the Appendix to this notice.
If the Department upholds these preliminary results in the final
results, Neo Solar will be subject to the cash deposit rate currently
assigned to the PRC-wide entity (i.e., 238.95 percent).\10\
---------------------------------------------------------------------------
\10\ See 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, 80 FR 40998 (July 14,
2015).
---------------------------------------------------------------------------
Public Comment
Interested parties may submit case briefs no later than 14 days
after the date of publication of these preliminary results of review in
the Federal Register.\11\ Rebuttal briefs, limited to issues raised in
the case briefs, may be filed by no later than five days after the
deadline for filing case briefs.\12\ Parties that submit case or
rebuttal briefs are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\13\ All briefs are to be filed electronically
using
[[Page 63745]]
ACCESS.\14\ An electronically filed document must be received
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the
day on which it is due.\15\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.309(c)(1)(ii). The Department has exercised
its discretion under 19 CFR 351.309(c)(1)(ii) to alter the time
limit for submission of case briefs.
\12\ See 19 CFR 351.309(d)(1).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See 19 CFR 351.303(b).
\15\ Id.
---------------------------------------------------------------------------
Any interested party may submit a request for a hearing to the
Assistant Secretary of Enforcement and Compliance using ACCESS within
14 days of publication of this notice in the Federal Register.\16\
Hearing requests should contain the following information: (1) The
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed.\17\ Oral
presentations will be limited to issues raised in the briefs. If a
request for a hearing is made, parties will be notified of the time and
date of the hearing which will be held at the U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.\18\
---------------------------------------------------------------------------
\16\ See 19 CFR 351.310(c).
\17\ Id.
\18\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Final Results of the Review
Unless extended, in accordance with 19 CFR 351.216(e), the
Department intends to issue the final results of this changed
circumstances review not later than 270 days after the date on which
the review was initiated.
Notification to Parties
The Department is issuing and publishing these results in
accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR
351.216 and 351.221(c)(3)(i).
Dated: October 15, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Results of the Changed Circumstances Review
Discussion of Methodology
Successor-in-Interest Analysis
1. Ownership and Management
2. Production Facilities
3. Supplier Relationships
4. Customer Base
V. Summary of Preliminary Findings
VI. Recommendation
[FR Doc. 2015-26762 Filed 10-20-15; 8:45 am]
BILLING CODE 3510-DS-P
