Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of the Changed Circumstances Review, 9427-9428 [2016-04061]
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Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices
preliminary determinations are now due
no later than June 13, 2016.4 In
accordance with section 705(a)(1) of the
Act and 19 CFR 351.210(b)(1), the
deadline for the final determinations of
these investigations will continue to be
75 days after the date of the preliminary
determinations, unless postponed at a
later date.
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: February 18, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2016–04064 Filed 2–24–16; 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: Final Results of the Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 21, 2015, the
Department of Commerce (the
‘‘Department’’) published a notice of
preliminary results of a changed
circumstance review (‘‘CCR’’) of the
antidumping duty (‘‘AD’’) order on
crystalline silicon photovoltaic cells,
whether or not assembled into modules
(‘‘solar cells’’), from the People’s
Republic of China (‘‘PRC’’).1 Based on
our analysis of the comments from
interested parties, we continue to find
that Neo Solar Power Corporation (‘‘Neo
Solar’’) is not the successor-in-interest
to DelSolar Co., Ltd. (‘‘DelSolar
Taiwan’’) for purposes of determining
AD liability in this proceeding for these
final results and, as such, is subject to
the PRC-wide entity cash deposit rate
with respect to entries of subject
merchandise.
DATES: Effective: February 25, 2016.
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
4 See Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Preliminary Results of
the Changed Circumstances Review, 80 FR 63743
(October 21, 2015) (‘‘Preliminary Results’’). 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.
VerDate Sep<11>2014
18:07 Feb 24, 2016
Jkt 238001
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:
FOR FURTHER INFORMATION CONTACT:
Background
The Department initiated this CCR on
March 18, 2015, and published the
Preliminary Results on October 21,
2015.2 For a description of events that
have occurred since the Preliminary
Results, see the Issues and Decision
Memorandum.3 The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).
ACCESS is available to registered users
at https://access.trade.gov, and 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
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
As explained in the memorandum
from the Acting Assistant Secretary for
Enforcement and Compliance, the
Department has exercised its discretion
to toll all administrative deadlines due
to the recent closure of the Federal
Government. All deadlines in this
segment of the proceeding have been
extended by four business days. The
revised deadline for the final results of
this review is now February 18, 2016.4
Scope of the Order
The merchandise covered by this
order is crystalline silicon photovoltaic
2 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’’); see also Preliminary
Results.
3 See ‘‘Issues and Decision Memorandum for the
Final 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 with and hereby adopted in this
notice.
4 See Memorandum to the Record from Ron
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, regarding ‘‘Tolling of
Administrative Deadlines As a Result of the
Government Closure During Snowstorm Jonas,’’
dated January 27, 2016.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
9427
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 Issues and Decision
Memorandum.5
Analysis of Comments Received
All issues raised by interested parties
in the case briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues addressed in the Issues
and Decision Memorandum is appended
to this notice.
Final Results of the Changed
Circumstances Review
Upon review of the comments
received, the Department continues to
find based upon the totality of the
circumstances 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 and, further, that Neo Solar
did not demonstrate that its operations,
with respect to the subject merchandise,
were materially similar to the operations
of DelSolar Taiwan pertaining to
supplier relationships and customer
base, as discussed in the Preliminary
Results and the Issues and Decision
Memorandum. Therefore, in these final
results, the Department continues to
find that Neo Solar is not the successorin-interest to DelSolar Taiwan for
purposes of antidumping duty liability
in this proceeding.
Instructions to U.S. Customs and
Border Protection
As a result of this determination, the
Department finds that Neo Solar is
subject to the cash deposit rate currently
assigned to the PRC-wide entity with
respect to the subject merchandise (i.e.,
5 See ‘‘Issues and Decision Memorandum for the
Final 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 with and hereby adopted in this
notice.
E:\FR\FM\25FEN1.SGM
25FEN1
9428
Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices
238.95 percent).6 Consequently, the
Department will instruct U.S. Customs
and Border Protection to continue
suspension of liquidation and to collect
estimated antidumping duties for all
shipments of subject merchandise
produced by DelSolar Wujiang and
exported by Neo Solar at the current
cash deposit rate currently applicable to
such entries, i.e., the cash deposit rate
of 238.95 percent assigned to the PRCwide entity.7 This cash deposit
requirement shall remain in effect until
further notice.
Notification to Parties
This notice is the only reminder to
parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). 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 sanctionable violation.
The Department is issuing and
publishing these results in accordance
with sections 751(b)(1) and 777(i) of the
Tariff Act of 1930, as amended, and 19
CFR 351.216 and 19 CFR
351.221(c)(3)(i).
Dated: February 17, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Issues
V. Summary of Findings
VI. Recommendation
[FR Doc. 2016–04061 Filed 2–24–16; 8:45 am]
mstockstill on DSK4VPTVN1PROD with NOTICES
BILLING CODE 3510–DS–P
6 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).
7 Id.
VerDate Sep<11>2014
18:07 Feb 24, 2016
Jkt 238001
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–041]
Truck and Bus Tires From the People’s
Republic of China: Initiation of
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Effective: February 25, 2016.
FOR FURTHER INFORMATION CONTACT:
Jennifer Shore or Mark Kennedy, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone
(202) 482–2778, or (202) 482–1293,
respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On January 29, 2016, the Department
of Commerce (the Department) received
a countervailing duty (CVD) petition
concerning imports of certain truck and
bus tires from the People’s Republic of
China (the PRC), filed in proper form by
the United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers
International Union, AFL–CIO, CLC
(USW) (USW or the petitioner).1 The
CVD petition was accompanied by an
antidumping duty (AD) petition
concerning imports of truck and bus
tires from the PRC. The petitioner is a
recognized union, which represents the
domestic industry engaged in the
manufacture of truck and bus tires in
the United States. On February 3 and
February 5, 2016, the Department
requested additional information and
clarification of certain areas of the
Petition 2 and on February 5 and
February 9, 2016, the petitioner filed
supplements to the Petition.3
1 See ‘‘Petition for the Imposition of
Countervailing Duties on Imports of Truck and Bus
Tires from the People’s Republic of China’’ dated
January 29, 2016 (the Petition).
2 See Letters to the petitioner, ‘‘Petition for the
Imposition of Antidumping and Countervailing
Duties on Imports of Truck and Bus Tires from the
People’s Republic of China: Supplemental
Questions’’ dated February 3, 2016 (General Issues
Supplemental Questions) and ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Certain Truck and Bus Tires from the People’s
Republic of China: Supplemental Questions’’ dated
February 5, 2016 (CVD Supplemental Questions).
3 See ‘‘Petitioner’s Response to the Department’s
February 3, 2016 Supplemental Questions
Regarding General Issues’’ dated February 5, 2016
(General Issues Supplement); see also ‘‘Petitioner’s
Response to the Department’s February 5
Supplemental Questions Regarding the
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Frm 00010
Fmt 4703
Sfmt 4703
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that
producers/exporters of truck and bus
tires in the PRC received
countervailable subsidies within the
meaning of sections 701 and 771(5) of
the Act, and that imports from these
producers/exporters are materially
injuring, or threatening material injury
to, an industry in the United States.
Also, consistent with section 702(b)(1)
of the Act, the Petition is accompanied
by information reasonably available to
the petitioner in support of its
allegations.
The Department finds that the
petitioner filed the petition on behalf of
the domestic industry because the
petitioner is an interested party as
defined in section 771(9)(D) of the Act,
and has demonstrated sufficient
industry support with respect to the
initiation of the CVD investigation that
it is requesting.4
Period of Investigation
The period of investigation (POI) is
calendar year 2015, in accordance with
19 CFR 351.204(b)(2).
Scope of the Investigation
The product covered by this
investigation is truck and bus tires from
the PRC. For a full description of the
scope of the investigation, see the
‘‘Scope of the Investigation’’ at the
Appendix of this notice.
Comments on the Scope of the
Investigation
During our review of the petition, we
issued questions to, and received
responses from, the petitioner
pertaining to the proposed scope in
order to ensure that the language of the
scope is an accurate reflection of the
products for which the domestic
industry is seeking relief.5 As discussed
in the Preamble to our regulations, we
are setting aside a period for interested
parties to raise issues regarding product
coverage (scope).6 The period for scope
comments is intended to provide the
Department with ample opportunity to
consider all comments and to consult
with parties prior to the issuance of the
preliminary determination. If scope
Countervailing Duty Petition,’’ dated February 9,
2016.
4 See ‘‘Determination of Industry Support for the
Petition’’ section, below.
5 See General Issues Supplemental Questionnaire;
see also General Issues Supplement at 2 and Exhibit
I–SQ–1, and the memorandum to the File entitled
‘‘Phone Call with Counsel to the Petitioner’’ dated
February 12, 2016.
6 See Antidumping Duties; Countervailing Duties
(Final Rule); 62 FR 27296, 27323 (May 19, 1997).
E:\FR\FM\25FEN1.SGM
25FEN1
]]>Agencies
[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Pages 9427-9428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04061]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-979]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Final Results of the
Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On October 21, 2015, the Department of Commerce (the
``Department'') published a notice of preliminary results of a changed
circumstance review (``CCR'') of the antidumping duty (``AD'') order on
crystalline silicon photovoltaic cells, whether or not assembled into
modules (``solar cells''), from the People's Republic of China
(``PRC'').\1\ Based on our analysis of the comments from interested
parties, we continue to find that Neo Solar Power Corporation (``Neo
Solar'') is not the successor-in-interest to DelSolar Co., Ltd.
(``DelSolar Taiwan'') for purposes of determining AD liability in this
proceeding for these final results and, as such, is subject to the PRC-
wide entity cash deposit rate with respect to entries of subject
merchandise.
---------------------------------------------------------------------------
\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China:
Preliminary Results of the Changed Circumstances Review, 80 FR 63743
(October 21, 2015) (``Preliminary Results''). 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: February 25, 2016.
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
The Department initiated this CCR on March 18, 2015, and published
the Preliminary Results on October 21, 2015.\2\ For a description of
events that have occurred since the Preliminary Results, see the Issues
and Decision Memorandum.\3\ The Issues and Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (``ACCESS''). ACCESS is available to registered users at
https://access.trade.gov, and 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 Issues and Decision Memorandum
can be accessed directly at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the
electronic versions of the Issues and Decision Memorandum are identical
in content.
---------------------------------------------------------------------------
\2\ 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''); see also Preliminary Results.
\3\ See ``Issues and Decision Memorandum for the Final 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 with and hereby adopted in
this notice.
---------------------------------------------------------------------------
As explained in the memorandum from the Acting Assistant Secretary
for Enforcement and Compliance, the Department has exercised its
discretion to toll all administrative deadlines due to the recent
closure of the Federal Government. All deadlines in this segment of the
proceeding have been extended by four business days. The revised
deadline for the final results of this review is now February 18,
2016.\4\
---------------------------------------------------------------------------
\4\ See Memorandum to the Record from Ron Lorentzen, Acting
Assistant Secretary for Enforcement and Compliance, regarding
``Tolling of Administrative Deadlines As a Result of the Government
Closure During Snowstorm Jonas,'' dated January 27, 2016.
---------------------------------------------------------------------------
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 Issues and Decision Memorandum.\5\
---------------------------------------------------------------------------
\5\ See ``Issues and Decision Memorandum for the Final 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 with and hereby adopted in
this notice.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised by interested parties in the case briefs are
addressed in the Issues and Decision Memorandum. A list of the issues
addressed in the Issues and Decision Memorandum is appended to this
notice.
Final Results of the Changed Circumstances Review
Upon review of the comments received, the Department continues to
find based upon the totality of the circumstances 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 and, further, that Neo Solar did not
demonstrate that its operations, with respect to the subject
merchandise, were materially similar to the operations of DelSolar
Taiwan pertaining to supplier relationships and customer base, as
discussed in the Preliminary Results and the Issues and Decision
Memorandum. Therefore, in these final results, the Department continues
to find that Neo Solar is not the successor-in-interest to DelSolar
Taiwan for purposes of antidumping duty liability in this proceeding.
Instructions to U.S. Customs and Border Protection
As a result of this determination, the Department finds that Neo
Solar is subject to the cash deposit rate currently assigned to the
PRC-wide entity with respect to the subject merchandise (i.e.,
[[Page 9428]]
238.95 percent).\6\ Consequently, the Department will instruct U.S.
Customs and Border Protection to continue suspension of liquidation and
to collect estimated antidumping duties for all shipments of subject
merchandise produced by DelSolar Wujiang and exported by Neo Solar at
the current cash deposit rate currently applicable to such entries,
i.e., the cash deposit rate of 238.95 percent assigned to the PRC-wide
entity.\7\ This cash deposit requirement shall remain in effect until
further notice.
---------------------------------------------------------------------------
\6\ 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).
\7\ Id.
---------------------------------------------------------------------------
Notification to Parties
This notice is the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable
violation.
The Department is issuing and publishing these results in
accordance with sections 751(b)(1) and 777(i) of the Tariff Act of
1930, as amended, and 19 CFR 351.216 and 19 CFR 351.221(c)(3)(i).
Dated: February 17, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Issues
V. Summary of Findings
VI. Recommendation
[FR Doc. 2016-04061 Filed 2-24-16; 8:45 am]
BILLING CODE 3510-DS-P
