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; 2013-2014, 80746-80749 [2015-32630]
Download as PDF
<![CDATA[
80746
Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Notices
Dated: December 22, 2015.
David Mussatt,
Regional Programs Unit Chief, U.S.
Commission on Civil Rights.
[FR Doc. 2015–32672 Filed 12–23–15; 11:15 am]
BILLING CODE 6335–01–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–57–2015]
Authorization of Production Activity;
Foreign-Trade Zone 84; Bauer
Manufacturing Inc.; (Stationary Oil/Gas
Drilling Rigs) Conroe, Texas
On August 19, 2015, the City of
Conroe, Texas, grantee of FTZ 84,
submitted a notification of proposed
production activity to the Foreign-Trade
Zones (FTZ) Board on behalf of Bauer
Manufacturing Inc., within FTZ 84, in
Houston, Texas.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (80 FR 54520,
September 10, 2015). The FTZ Board
has determined that no further review of
the activity is warranted at this time.
The production activity described in the
notification is authorized, subject to the
FTZ Act and the FTZ Board’s
regulations, including Section 400.14,
and further subject to a restriction
requiring that foreign status textilebased cotton transport straps (classified
within HTSUS Subheading 5806.31) be
admitted to the zone in privileged
foreign status (19 CFR 146.41).
Dated: December 21, 2015.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2015–32636 Filed 12–24–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
mstockstill on DSK4VPTVN1PROD with NOTICES
[A–570–979]
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; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting an
AGENCY:
VerDate Sep<11>2014
13:31 Dec 24, 2015
Jkt 238001
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’’). The period of review
(‘‘POR’’) is December 1, 2013 through
November 30, 2014. The administrative
review covers two mandatory
respondents, (1) Yingli Energy (China)
Company Limited (‘‘Yingli’’), and (2)
Changzhou Trina Solar Energy Co., Ltd.
and Trina Solar (Changzhou) Science &
Technology Co., Ltd. (‘‘Trina’’). The
Department preliminarily finds that
both mandatory respondents sold
subject merchandise in the United
States at prices below normal value
(‘‘NV’’) during the POR. Interested
parties are invited to comment on these
preliminary results.
DATES:
Effective date: December 28,
2015.
Jeff
Pedersen and Thomas Martin, AD/CVD
Operations, Office IV, Enforcement &
Compliance, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–2769 or (202) 482–
3936, respectively.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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.1 Merchandise
covered by this order 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.
1 For a complete description of the scope of the
order, see ‘‘Decision Memorandum for Preliminary
Results of the 2013–2014 Antidumping Duty
Administrative Review of 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
Paul Piquado, Assistant Secretary for Enforcement
and Compliance, issued concurrently with and
hereby adopted by this notice (‘‘Preliminary
Decision Memorandum’’).
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
Preliminary Determination of No
Shipments
Based on an analysis of U.S. Customs
and Border Protection (‘‘CBP’’)
information, and comments provided by
a number of companies, the Department
preliminarily determines that Jiangsu
Sunlink PV Technology Co., Ltd. and
Shanghai JA Solar Technology Co., Ltd.
each had no shipments during the POR.
For additional information regarding
this determination, see the Preliminary
Decision Memorandum.
Consistent with an announced
refinement to its assessment practice in
non-market economy (‘‘NME’’) cases,
the Department is not rescinding this
review, in part, but intends to complete
the review with respect to the
companies for which it has
preliminarily found no shipments and
issue appropriate instructions to CBP
based on the final results of the review.2
Preliminary Affiliation and Single
Entity Determination
Based on record evidence, the
Department preliminarily finds that the
mandatory respondent Yingli is
affiliated with the following eight
companies pursuant to section
771(33)(F) of the Tariff Act of 1930, as
amended (‘‘the Act’’): (1) Baoding
Tianwei Yingli New Energy Resources
Co., Ltd.; (2) Tianjin Yingli New Energy
Resources Co., Ltd.; (3) Hengshui Yingli
New Energy Resources Co., Ltd.; (4)
Lixian Yingli New Energy Resources
Co., Ltd.; (5) Baoding Jiasheng
Photovoltaic Technology Co., Ltd.; (6)
Beijing Tianneng Yingli New Energy
Resources Co., Ltd.; (7) Hainan Yingli
New Energy Resources Co., Ltd.; (8)
Shenzhen Yingli New Energy Resources
Co., Ltd. Furthermore, the Department
preliminarily finds that the mandatory
respondent Trina is affiliated with the
following four companies pursuant to
section 771(33)(F) of the Act: (1)
Yancheng Trina Solar Energy
Technology Co., Ltd.; (2) Changzhou
Trina Solar Yabang Energy Co., Ltd.; (3)
Turpan Trina Solar Energy Co., Ltd.; (4)
Hubei Trina Solar Energy Co., Ltd. In
addition, based on the information
presented in this review, we
preliminarily find that each of the
mandatory respondents and their
affiliates should be treated, respectively,
as a single entity for the purposes of this
review pursuant to 19 CFR 351.401(f).
For additional information, see the
Preliminary Decision Memorandum and
2 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011) and the
‘‘Assessment Rates’’ section, below.
E:\FR\FM\28DEN1.SGM
28DEN1
Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Notices
Yingli and Trina Collapsing
Memoranda.3
mstockstill on DSK4VPTVN1PROD with NOTICES
Use of Partial Facts Available (‘‘FA’’)
and Partial Adverse Facts Available
(‘‘AFA’’)
Section 776(a) of the Act provides that
the Department shall apply 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
an adverse inference in applying FA
(i.e., AFA) when a party has failed to
cooperate by not acting to the best of its
ability to comply with a request for
information. Such an adverse inference
may include reliance on information
derived from the petition, the final
determination, a previous
administrative review, or other
information placed on the record.
Yingli was unable to obtain factor of
production (‘‘FOP’’) data from its
unaffiliated processors and its
unaffiliated suppliers of solar cells.
Pursuant to section 776(a) of the Act,
the Department finds that it is
appropriate to use FA in valuing the
missing FOP data. For details regarding
these determinations, see the
Preliminary Decision Memorandum and
the Yingli Unreported FOP
Memorandum.4
Trina was also unable to obtain FOPs
from all but one of its unaffiliated toll
processors and its unaffiliated suppliers
of solar cells. Because the unreported
FOPs for solar cells represented a
significant quantity of missing
information, the Department
subsequently issued a questionnaire to
the largest five of Trina’s suppliers of
solar cells, by quantity. In response,
these suppliers stated that they would
not respond to the Department’s
questionnaire. Because necessary
3 See the December 18, 2015 Memoranda from Jeff
Pedersen to Abdelali Elouaradia concerning
‘‘Affiliation and Single Entity Status’’ (‘‘Yingli
Collapsing Memorandum’’), and the December 18,
2015 Memoranda from Thomas Martin to Abdelali
Elouaradia concerning ‘‘Affiliation and Single
Entity Status’’ (‘‘Trina Collapsing Memorandum’’).
4 See the memorandum from Jeff Pedersen to
Abdelali Elouaradia entitled ‘‘Unreported Factors of
Production,’’ dated concurrently with these
preliminary results (‘‘Yingli Unreported FOP
Memorandum’’).
VerDate Sep<11>2014
13:31 Dec 24, 2015
Jkt 238001
80747
information is not available on the
record, and in accordance with section
776(a)(1) of the Act, the Department is
applying FA with respect to the FOPs
from the unaffiliated tollers. However,
we have determined that it is
appropriate to apply AFA, pursuant to
section 776(b) of the Act, to the
unreported FOPs for purchased solar
cells. For details regarding this
determination, see the Preliminary
Decision Memorandum and the Trina
Unreported FOP Memorandum.5
entirely on facts available. Because there
are only two relevant weighted-average
dumping margins for these preliminary
results, using a weighted-average of
these two rates risks disclosure of
business proprietary data. Therefore, the
Department assigned a weighted-average
dumping margin to the separate rate
companies as described in the Separate
Rate Calculation Memorandum.7 The
separate rate companies are listed in the
‘‘Preliminary Determination’’ section of
this notice.
Separate Rates
The Department preliminarily
determines that information placed on
the record by the mandatory
respondents Trina and Yingli, as well as
by 15 other separate rate applicants,
demonstrates that these companies are
entitled to separate rate status. For
additional information, see the
Preliminary Decision Memorandum.
PRC-Wide Entity
The Department’s change in policy
regarding conditional review of the
PRC-wide entity applies to this
administrative review.8 Under this
policy, the PRC-wide entity will not be
under review unless a party specifically
requests, or the Department selfinitiates, a review of the entity. Because
no party requested a review of the PRCwide entity in this review, the entity is
not under review and the entity’s rate
(i.e., 238.95 percent) is not subject to
change.9 Aside from the companies with
no shipments, the separate rate
companies discussed above, and the
companies for which the review was
previously rescinded,10 the Department
considers all other companies for which
a review was requested 11 to be part of
the PRC-wide entity. For additional
information, see the Preliminary
Decision Memorandum.
Rate for Separate-Rate Companies Not
Individually Examined
The statute and the Department’s
regulations do not address the
establishment of a rate to be applied to
respondents not selected for individual
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 articulates a
preference that we not calculate 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 examined companies,
excluding rates that are zero, de
minimis, or based entirely on facts
available.6 In this administrative review
both mandatory respondents, Yingli and
Trina, have estimated weighted-average
dumping margins which are not zero or
de minimis and which are not based
5 See the memorandum from Thomas Martin to
Abdelali Elouaradia entitled ‘‘Unreported Factors of
Production,’’ dated concurrent with these
preliminary results (‘‘Trina Unreported FOP
Memorandum’’).
6 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.
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
Methodology
The Department conducted this
review in accordance with section
751(a)(1)(B) of the Act. The Department
calculated constructed export prices in
7 See the memorandum from Jeff Pedersen to
Howard Smith entitled ‘‘2013–2014 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: Calculation of the Margin for
Respondents Not Selected for Individual
Examination,’’ dated concurrently with this notice.
8 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
9 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, 41002 (July 14, 2015) (‘‘AR1 Final
Results’’).
10 See Crystalline Silicon Photovoltaic Cells,
Whether or not Assembled into Modules from the
People’s Republic of China: Partial Rescission of
Antidumping Duty Administrative Review, 80 FR
46245 (August 4, 2015).
11 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 80 FR 6041
(February 4, 2015) (‘‘Initiation Notice’’).
E:\FR\FM\28DEN1.SGM
28DEN1
80748
Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Notices
accordance with section 772 of the Act.
Given that the PRC is a NME country,
within the meaning of section 771(18) of
the Act, the Department calculated NV
in accordance with section 773(c) of the
Act.
For a full description of the
methodology underlying the
preliminary results of this review, see
the Preliminary Decision Memorandum.
The Preliminary Decision Memorandum
is a public document and is made
available to the public 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 found at https://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist for the
POR:
Weighted-average
dumping margin
(percent)
Exporter
mstockstill on DSK4VPTVN1PROD with NOTICES
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./Shenzhen Yingli New Energy Resources Co., Ltd. ...................................................
Changzhou Trina Solar Energy Co., Ltd./Trina Solar (Changzhou) Science and Technology Co., Ltd./Yancheng Trina Solar
Energy Technology Co., Ltd./Changzhou Trina Solar Yabang Energy Co., Ltd./Turpan Trina Solar Energy Co., Ltd./Hubei
Trina Solar Energy Co., Ltd. ......................................................................................................................................................
BYD (Shangluo) Industrial Co., Ltd. ..............................................................................................................................................
Canadian Solar International Limited ............................................................................................................................................
Canadian Solar Manufacturing (Changshu) Inc. ...........................................................................................................................
Canadian Solar Manufacturing (Luoyang) Inc. ..............................................................................................................................
Dongguan Sunworth Solar Energy Co., Ltd. .................................................................................................................................
ERA Solar Co., Ltd. .......................................................................................................................................................................
ET Solar Energy Limited ...............................................................................................................................................................
JA Solar Technology Yangzhou Co., Ltd. .....................................................................................................................................
Jiangsu High Hope Int’l Group ......................................................................................................................................................
JingAo Solar Co., Ltd. ...................................................................................................................................................................
Ningbo Qixin Solar Electrical Appliance Co., Ltd. .........................................................................................................................
Shanghai BYD Co., Ltd. ................................................................................................................................................................
Shenzhen Glory Industries Co., Ltd. .............................................................................................................................................
Shenzhen Topray Solar Co., Ltd. ..................................................................................................................................................
Wuxi Suntech Power Co., Ltd./Luoyang Suntech Power Co., Ltd. ...............................................................................................
Disclosure and Public Comment
The Department intends to disclose to
parties the calculations performed for
these preliminary 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). Interested parties may
submit case briefs no later than 30 days
after the date of publication of these
preliminary results of review.12 Rebuttal
briefs may be filed no later than five
days after case briefs are due and may
respond only to arguments raised in the
case briefs.13 A table of contents, list of
authorities used, and an executive
summary of issues should accompany
any briefs submitted to the Department.
The summary should be limited to five
pages total, including footnotes.14
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, within 30
days after the date of publication of this
19 CFR 351.309(c)(ii).
19 CFR 351.309(d).
14 See 19 CFR 351.309(c)(2), (d)(2).
notice.15 Requests should contain the
party’s name, address, and telephone
number, the number of participants, and
a list of the issues to be discussed. Oral
argument presentations will be limited
to issues raised in the briefs. If a request
for a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a date and
time to be determined.16 Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
All submissions, with limited
exceptions, must be filed electronically
using ACCESS.17 An electronically filed
document must be received successfully
in its entirety by the Department’s
electronic records system, ACCESS, by
5 p.m. Eastern Time (‘‘ET’’) on the due
date. Documents excepted from the
electronic submission requirements
must be filed manually (i.e., in paper
form) with the APO/Dockets Unit in
12 See
15 See
13 See
16 See
VerDate Sep<11>2014
13:31 Dec 24, 2015
19 CFR 351.310(c).
19 CFR 351.310(d).
17 See generally 19 CFR 351.303.
Jkt 238001
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
11.47
4.53
7.27
7.27
7.27
7.27
7.27
7.27
7.27
7.27
7.27
7.27
7.27
7.27
7.27
7.27
7.27
Room 18022 and stamped with the date
and time of receipt by 5 p.m. ET on the
due date.18
Unless otherwise extended, the
Department intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of
this review, the Department will
determine, and CBP shall assess,
antidumping duties on all appropriate
entries covered by this review.19 The
Department intends to issue assessment
instructions to CBP 15 days after the
publication date of the final results of
this review. For each individually
examined respondent in this review
whose weighted-average dumping
18 See 19 CFR 351.303 (for general filing
requirements); Antidumping and Countervailing
Duty Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
19 See 19 CFR 351.212(b)(1).
E:\FR\FM\28DEN1.SGM
28DEN1
Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
margin in the final results of review is
not zero or de minimis (i.e., less than 0.5
percent), the Department intends to
calculate importer-specific assessment
rates, in accordance with 19 CFR
351.212(b)(1).20 Where the respondent
reported reliable entered values, the
Department intends to calculate
importer-specific ad valorem
assessment rates by aggregating the
amount of dumping calculated for all
U.S. sales to the importer and dividing
this amount by the total entered value
of the sales to the importer.21 Where the
importer did not report entered values,
the Department calculates an importerspecific assessment rates by dividing the
amount of dumping for reviewed sales
to the importer- by the total sales
quantity associated with those
transactions. In addition, the
Department will calculate an estimated
ad valorem importer-specific
assessment rate to determine whether
this rate is de minimis, however, the
Department will direct CBP to assess
importer-specific assessment rates based
on the resulting per-unit rates.22 Where
an importer-specific ad valorem is not
zero or 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-specific ad
valorem assessment rate is zero or de
minimis, the Department will instruct
CBP to liquidate appropriate entries
without regard to antidumping duties.23
On October 24, 2011, the Department
announced a refinement to its
assessment practice in NME
antidumping duty proceedings.24
Pursuant to this refinement in practice,
for entries that were not reported in the
U.S. sales database submitted by an
exporter individually examined during
this review, the Department will
instruct CBP to liquidate such entries at
the rate for the PRC-wide entity.
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 CBP
20 See Antidumping Proceedings: Calculation of
the Weighted Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (‘‘Final Modification’’).
21 See 19 CFR 351.212(b)(1).
22 Id.
23 See Final Modification, 77 FR at 8103.
24 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
VerDate Sep<11>2014
13:31 Dec 24, 2015
Jkt 238001
case number will be liquidated at the
rate for the PRC-wide entity.
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
The Department will instruct CBP to
require a cash deposit for antidumping
duties equal to the weighted-average
amount by which the normal value
exceeds U.S. price. 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
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of this notice, as
provided by section 751(a)(2)(C) of the
Act: (1) For the exporters listed above,
the cash deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
review (except, if the rate is de minimis
(i.e., less than 0.5 percent), then the cash
deposit rate will be zero for that
exporter); (2) for previously investigated
or reviewed PRC and non-PRC exporters
not listed above that have separate rates,
the cash deposit rate will continue to be
the exporter-specific rate published for
the most recently completed segment of
this proceeding; (3) for all PRC exporters
of subject merchandise which have not
been found to be entitled to a separate
rate, the cash deposit rate will be the
rate for the PRC-wide entity (i.e., 238.95
percent 25) and (4) for all non-PRC
exporters of subject merchandise that
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.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties and/or
countervailing duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
and/or countervailing duties has
25 See
PO 00000
AR1 Final Results, 80 FR at 41002.
Frm 00005
Fmt 4703
Sfmt 4703
80749
occurred, and the subsequent
assessment of double antidumping
duties and/or increase the amount of
antidumping duties by the amount of
the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213 and 351.221(b)(4).
Dated: December 18, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Duty Absorption
5. Preliminary Determination of No
Shipments
6. Selection of Respondents
7. Single Entity Treatment
8. Discussion of the Methodology
a. NME Country
b. Separate Rates
c. Application of Partial FA and AFA
d. Surrogate Country
e. Date of Sale
f. Fair Value Comparisons
g. U.S. Price
h. Normal Value
i. Section 777A(f) of the Act
j. Currency Conversion
9. Conclusion
[FR Doc. 2015–32630 Filed 12–24–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–825]
Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes From
the Republic of Turkey: Preliminary
Affirmative Countervailing Duty
Determination and Alignment of Final
Determination With Final Antidumping
Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of heavy
walled rectangular welded carbon steel
pipes and tubes (HWR pipes and tubes)
from the Republic of Turkey (Turkey).
The period of investigation is January 1,
2014, through December 31, 2014.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
E:\FR\FM\28DEN1.SGM
28DEN1
]]>Agencies
[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Notices]
[Pages 80746-80749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32630]
-----------------------------------------------------------------------
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 Antidumping Duty Administrative Review and Preliminary Determination
of No Shipments; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
an 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''). The
period of review (``POR'') is December 1, 2013 through November 30,
2014. The administrative review covers two mandatory respondents, (1)
Yingli Energy (China) Company Limited (``Yingli''), and (2) Changzhou
Trina Solar Energy Co., Ltd. and Trina Solar (Changzhou) Science &
Technology Co., Ltd. (``Trina''). The Department preliminarily finds
that both mandatory respondents sold subject merchandise in the United
States at prices below normal value (``NV'') during the POR. Interested
parties are invited to comment on these preliminary results.
DATES: Effective date: December 28, 2015.
FOR FURTHER INFORMATION CONTACT: Jeff Pedersen and Thomas Martin, AD/
CVD Operations, Office IV, Enforcement & Compliance, International
Trade Administration, Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2769 or (202) 482-3936, respectively.
SUPPLEMENTARY INFORMATION:
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.\1\
Merchandise covered by this order 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.
---------------------------------------------------------------------------
\1\ For a complete description of the scope of the order, see
``Decision Memorandum for Preliminary Results of the 2013-2014
Antidumping Duty Administrative Review of 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 Paul
Piquado, Assistant Secretary for Enforcement and Compliance, issued
concurrently with and hereby adopted by this notice (``Preliminary
Decision Memorandum'').
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
Based on an analysis of U.S. Customs and Border Protection
(``CBP'') information, and comments provided by a number of companies,
the Department preliminarily determines that Jiangsu Sunlink PV
Technology Co., Ltd. and Shanghai JA Solar Technology Co., Ltd. each
had no shipments during the POR. For additional information regarding
this determination, see the Preliminary Decision Memorandum.
Consistent with an announced refinement to its assessment practice
in non-market economy (``NME'') cases, the Department is not rescinding
this review, in part, but intends to complete the review with respect
to the companies for which it has preliminarily found no shipments and
issue appropriate instructions to CBP based on the final results of the
review.\2\
---------------------------------------------------------------------------
\2\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and
the ``Assessment Rates'' section, below.
---------------------------------------------------------------------------
Preliminary Affiliation and Single Entity Determination
Based on record evidence, the Department preliminarily finds that
the mandatory respondent Yingli is affiliated with the following eight
companies pursuant to section 771(33)(F) of the Tariff Act of 1930, as
amended (``the Act''): (1) Baoding Tianwei Yingli New Energy Resources
Co., Ltd.; (2) Tianjin Yingli New Energy Resources Co., Ltd.; (3)
Hengshui Yingli New Energy Resources Co., Ltd.; (4) Lixian Yingli New
Energy Resources Co., Ltd.; (5) Baoding Jiasheng Photovoltaic
Technology Co., Ltd.; (6) Beijing Tianneng Yingli New Energy Resources
Co., Ltd.; (7) Hainan Yingli New Energy Resources Co., Ltd.; (8)
Shenzhen Yingli New Energy Resources Co., Ltd. Furthermore, the
Department preliminarily finds that the mandatory respondent Trina is
affiliated with the following four companies pursuant to section
771(33)(F) of the Act: (1) Yancheng Trina Solar Energy Technology Co.,
Ltd.; (2) Changzhou Trina Solar Yabang Energy Co., Ltd.; (3) Turpan
Trina Solar Energy Co., Ltd.; (4) Hubei Trina Solar Energy Co., Ltd. In
addition, based on the information presented in this review, we
preliminarily find that each of the mandatory respondents and their
affiliates should be treated, respectively, as a single entity for the
purposes of this review pursuant to 19 CFR 351.401(f). For additional
information, see the Preliminary Decision Memorandum and
[[Page 80747]]
Yingli and Trina Collapsing Memoranda.\3\
---------------------------------------------------------------------------
\3\ See the December 18, 2015 Memoranda from Jeff Pedersen to
Abdelali Elouaradia concerning ``Affiliation and Single Entity
Status'' (``Yingli Collapsing Memorandum''), and the December 18,
2015 Memoranda from Thomas Martin to Abdelali Elouaradia concerning
``Affiliation and Single Entity Status'' (``Trina Collapsing
Memorandum'').
---------------------------------------------------------------------------
Use of Partial Facts Available (``FA'') and Partial Adverse Facts
Available (``AFA'')
Section 776(a) of the Act provides that the Department shall apply
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 an adverse inference in applying FA (i.e., AFA) when a party has
failed to cooperate by not acting to the best of its ability to comply
with a request for information. Such an adverse inference may include
reliance on information derived from the petition, the final
determination, a previous administrative review, or other information
placed on the record.
Yingli was unable to obtain factor of production (``FOP'') data
from its unaffiliated processors and its unaffiliated suppliers of
solar cells. Pursuant to section 776(a) of the Act, the Department
finds that it is appropriate to use FA in valuing the missing FOP data.
For details regarding these determinations, see the Preliminary
Decision Memorandum and the Yingli Unreported FOP Memorandum.\4\
---------------------------------------------------------------------------
\4\ See the memorandum from Jeff Pedersen to Abdelali Elouaradia
entitled ``Unreported Factors of Production,'' dated concurrently
with these preliminary results (``Yingli Unreported FOP
Memorandum'').
---------------------------------------------------------------------------
Trina was also unable to obtain FOPs from all but one of its
unaffiliated toll processors and its unaffiliated suppliers of solar
cells. Because the unreported FOPs for solar cells represented a
significant quantity of missing information, the Department
subsequently issued a questionnaire to the largest five of Trina's
suppliers of solar cells, by quantity. In response, these suppliers
stated that they would not respond to the Department's questionnaire.
Because necessary information is not available on the record, and in
accordance with section 776(a)(1) of the Act, the Department is
applying FA with respect to the FOPs from the unaffiliated tollers.
However, we have determined that it is appropriate to apply AFA,
pursuant to section 776(b) of the Act, to the unreported FOPs for
purchased solar cells. For details regarding this determination, see
the Preliminary Decision Memorandum and the Trina Unreported FOP
Memorandum.\5\
---------------------------------------------------------------------------
\5\ See the memorandum from Thomas Martin to Abdelali Elouaradia
entitled ``Unreported Factors of Production,'' dated concurrent with
these preliminary results (``Trina Unreported FOP Memorandum'').
---------------------------------------------------------------------------
Separate Rates
The Department preliminarily determines that information placed on
the record by the mandatory respondents Trina and Yingli, as well as by
15 other separate rate applicants, demonstrates that these companies
are entitled to separate rate status. For additional information, see
the Preliminary Decision Memorandum.
Rate for Separate-Rate Companies Not Individually Examined
The statute and the Department's regulations do not address the
establishment of a rate to be applied to respondents not selected for
individual 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 articulates a preference that we not
calculate 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 examined companies, excluding rates that are zero, de minimis, or
based entirely on facts available.\6\ In this administrative review
both mandatory respondents, Yingli and Trina, have estimated weighted-
average dumping margins which are not zero or de minimis and which are
not based entirely on facts available. Because there are only two
relevant weighted-average dumping margins for these preliminary
results, using a weighted-average of these two rates risks disclosure
of business proprietary data. Therefore, the Department assigned a
weighted-average dumping margin to the separate rate companies as
described in the Separate Rate Calculation Memorandum.\7\ The separate
rate companies are listed in the ``Preliminary Determination'' section
of this notice.
---------------------------------------------------------------------------
\6\ 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.
\7\ See the memorandum from Jeff Pedersen to Howard Smith
entitled ``2013-2014 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:
Calculation of the Margin for Respondents Not Selected for
Individual Examination,'' dated concurrently with this notice.
---------------------------------------------------------------------------
PRC-Wide Entity
The Department's change in policy regarding conditional review of
the PRC-wide entity applies to this administrative review.\8\ Under
this policy, the PRC-wide entity will not be under review unless a
party specifically requests, or the Department self-initiates, a review
of the entity. Because no party requested a review of the PRC-wide
entity in this review, the entity is not under review and the entity's
rate (i.e., 238.95 percent) is not subject to change.\9\ Aside from the
companies with no shipments, the separate rate companies discussed
above, and the companies for which the review was previously
rescinded,\10\ the Department considers all other companies for which a
review was requested \11\ to be part of the PRC-wide entity. For
additional information, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\8\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\9\ 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, 41002 (July
14, 2015) (``AR1 Final Results'').
\10\ See Crystalline Silicon Photovoltaic Cells, Whether or not
Assembled into Modules from the People's Republic of China: Partial
Rescission of Antidumping Duty Administrative Review, 80 FR 46245
(August 4, 2015).
\11\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 80 FR
6041 (February 4, 2015) (``Initiation Notice'').
---------------------------------------------------------------------------
Methodology
The Department conducted this review in accordance with section
751(a)(1)(B) of the Act. The Department calculated constructed export
prices in
[[Page 80748]]
accordance with section 772 of the Act. Given that the PRC is a NME
country, within the meaning of section 771(18) of the Act, the
Department calculated NV in accordance with section 773(c) of the Act.
For a full description of the methodology underlying the
preliminary results of this review, see the Preliminary Decision
Memorandum. The Preliminary Decision Memorandum is a public document
and is made available to the public 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 found at https://enforcement.trade.gov/frn/. The signed and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Yingli Energy (China) Company Limited/Baoding Tianwei 11.47
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./Shenzhen Yingli New Energy
Resources Co., Ltd..................................
Changzhou Trina Solar Energy Co., Ltd./Trina Solar 4.53
(Changzhou) Science and Technology Co., Ltd./
Yancheng Trina Solar Energy Technology Co., Ltd./
Changzhou Trina Solar Yabang Energy Co., Ltd./Turpan
Trina Solar Energy Co., Ltd./Hubei Trina Solar
Energy Co., Ltd.....................................
BYD (Shangluo) Industrial Co., Ltd................... 7.27
Canadian Solar International Limited................. 7.27
Canadian Solar Manufacturing (Changshu) Inc.......... 7.27
Canadian Solar Manufacturing (Luoyang) Inc........... 7.27
Dongguan Sunworth Solar Energy Co., Ltd.............. 7.27
ERA Solar Co., Ltd................................... 7.27
ET Solar Energy Limited.............................. 7.27
JA Solar Technology Yangzhou Co., Ltd................ 7.27
Jiangsu High Hope Int'l Group........................ 7.27
JingAo Solar Co., Ltd................................ 7.27
Ningbo Qixin Solar Electrical Appliance Co., Ltd..... 7.27
Shanghai BYD Co., Ltd................................ 7.27
Shenzhen Glory Industries Co., Ltd................... 7.27
Shenzhen Topray Solar Co., Ltd....................... 7.27
Wuxi Suntech Power Co., Ltd./Luoyang Suntech Power 7.27
Co., Ltd............................................
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose to parties the calculations
performed for these preliminary 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). Interested parties may submit case
briefs no later than 30 days after the date of publication of these
preliminary results of review.\12\ Rebuttal briefs may be filed no
later than five days after case briefs are due and may respond only to
arguments raised in the case briefs.\13\ A table of contents, list of
authorities used, and an executive summary of issues should accompany
any briefs submitted to the Department. The summary should be limited
to five pages total, including footnotes.\14\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.309(c)(ii).
\13\ See 19 CFR 351.309(d).
\14\ See 19 CFR 351.309(c)(2), (d)(2).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, within 30 days after the date
of publication of this notice.\15\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. Oral argument presentations will be
limited to issues raised in the briefs. If a request for a hearing is
made, the Department intends to hold the hearing at the U.S. Department
of Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230, at a date and time to be determined.\16\ Parties should confirm
by telephone the date, time, and location of the hearing two days
before the scheduled date.
---------------------------------------------------------------------------
\15\ See 19 CFR 351.310(c).
\16\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
All submissions, with limited exceptions, must be filed
electronically using ACCESS.\17\ An electronically filed document must
be received successfully in its entirety by the Department's electronic
records system, ACCESS, by 5 p.m. Eastern Time (``ET'') on the due
date. Documents excepted from the electronic submission requirements
must be filed manually (i.e., in paper form) with the APO/Dockets Unit
in Room 18022 and stamped with the date and time of receipt by 5 p.m.
ET on the due date.\18\
---------------------------------------------------------------------------
\17\ See generally 19 CFR 351.303.
\18\ See 19 CFR 351.303 (for general filing requirements);
Antidumping and Countervailing Duty Proceedings: Electronic Filing
Procedures; Administrative Protective Order Procedures, 76 FR 39263
(July 6, 2011).
---------------------------------------------------------------------------
Unless otherwise extended, the Department intends to issue the
final results of this administrative review, which will include the
results of its analysis of issues raised in any briefs, within 120 days
of publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of this review, the Department
will determine, and CBP shall assess, antidumping duties on all
appropriate entries covered by this review.\19\ The Department intends
to issue assessment instructions to CBP 15 days after the publication
date of the final results of this review. For each individually
examined respondent in this review whose weighted-average dumping
[[Page 80749]]
margin in the final results of review is not zero or de minimis (i.e.,
less than 0.5 percent), the Department intends to calculate importer-
specific assessment rates, in accordance with 19 CFR 351.212(b)(1).\20\
Where the respondent reported reliable entered values, the Department
intends to calculate importer-specific ad valorem assessment rates by
aggregating the amount of dumping calculated for all U.S. sales to the
importer and dividing this amount by the total entered value of the
sales to the importer.\21\ Where the importer did not report entered
values, the Department calculates an importer-specific assessment rates
by dividing the amount of dumping for reviewed sales to the importer-
by the total sales quantity associated with those transactions. In
addition, the Department will calculate an estimated ad valorem
importer-specific assessment rate to determine whether this rate is de
minimis, however, the Department will direct CBP to assess importer-
specific assessment rates based on the resulting per-unit rates.\22\
Where an importer-specific ad valorem is not zero or 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-specific ad
valorem assessment rate is zero or de minimis, the Department will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\23\
---------------------------------------------------------------------------
\19\ See 19 CFR 351.212(b)(1).
\20\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(``Final Modification'').
\21\ See 19 CFR 351.212(b)(1).
\22\ Id.
\23\ See Final Modification, 77 FR at 8103.
---------------------------------------------------------------------------
On October 24, 2011, the Department announced a refinement to its
assessment practice in NME antidumping duty proceedings.\24\ Pursuant
to this refinement in practice, for entries that were not reported in
the U.S. sales database submitted by an exporter individually examined
during this review, the Department will instruct CBP to liquidate such
entries at the rate for the PRC-wide entity. 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 CBP case number will be
liquidated at the rate for the PRC-wide entity.
---------------------------------------------------------------------------
\24\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.?>
---------------------------------------------------------------------------
In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
The Department will instruct CBP to require a cash deposit for
antidumping duties equal to the weighted-average amount by which the
normal value exceeds U.S. price. 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 entered, or withdrawn from warehouse, for consumption on
or after the publication date of this notice, as provided by section
751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash
deposit rate will be equal to the weighted-average dumping margin
established in the final results of this review (except, if the rate is
de minimis (i.e., less than 0.5 percent), then the cash deposit rate
will be zero for that exporter); (2) for previously investigated or
reviewed PRC and non-PRC exporters not listed above that have separate
rates, the cash deposit rate will continue to be the exporter-specific
rate published for the most recently completed segment of this
proceeding; (3) for all PRC exporters of subject merchandise which have
not been found to be entitled to a separate rate, the cash deposit rate
will be the rate for the PRC-wide entity (i.e., 238.95 percent \25\)
and (4) for all non-PRC exporters of subject merchandise that 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.
---------------------------------------------------------------------------
\25\ See AR1 Final Results, 80 FR at 41002.
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties and/or countervailing
duties prior to liquidation of the relevant entries during this POR.
Failure to comply with this requirement could result in the
Department's presumption that reimbursement of antidumping duties and/
or countervailing duties has occurred, and the subsequent assessment of
double antidumping duties and/or increase the amount of antidumping
duties by the amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and
351.221(b)(4).
Dated: December 18, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Duty Absorption
5. Preliminary Determination of No Shipments
6. Selection of Respondents
7. Single Entity Treatment
8. Discussion of the Methodology
a. NME Country
b. Separate Rates
c. Application of Partial FA and AFA
d. Surrogate Country
e. Date of Sale
f. Fair Value Comparisons
g. U.S. Price
h. Normal Value
i. Section 777A(f) of the Act
j. Currency Conversion
9. Conclusion
[FR Doc. 2015-32630 Filed 12-24-15; 8:45 am]
BILLING CODE 3510-DS-P
