Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Changed Circumstances Review, 43582-43583 [2016-15836]

Download as PDF Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices sradovich on DSK3GDR082PROD with NOTICES Adverse Inferences A. Application of AFA: Non-Responsive Companies to the Q&V Questionnaire B. Application of AFA: Nanjing Tianyuan C. Application of AFA: Provision of Electricity for LTAR D. Application of AFA: Policy Loans to the Silica Fabric Industry E. Application of AFA: Provision of ‘‘Other Subsidies’’ as Specific XI. Analysis of Programs A. Programs Preliminarily Determined To Be Countervailable 1. Policy Loans to the Silica Fabric Industry 2. Provision of Electricity for LTAR B. Programs Preliminary Determined Not To Be Used During the POI 1. Preferential Export Financing 2. Preferential Loans to SOEs 3. Export Seller’s Credits 4. Export Buyer’s Credits 5. Export Credit Insurance 6. Provision of Land for LTAR in SEZs 7. Provision of Fiberglass Yarn for LTAR 8. Provision of Services at LTAR Through Demonstration Bases and Common Service Platform Programs 9. Income Tax Reduction for HNTEs 10. Income Tax Reduction for R&D Under the EITL 11. Income Tax Reduction/Exemption for HNTEs for Geographic Location 12. Import Tariff and VAT Exemptions on Imported Equipment in Encouraged Industries 13. City Construction Tax and Education Fees Exemptions for FIEs 14. Other VAT Subsidies 15. GOC and Sub-Central Government Subsidies for Development of Famous Brands and China World Top Brands 16. International Market Exploration Fund (SME Fund) 17. Science and Technology Awards XII. ITC Notification XIII. Disclosure and Public Comment Also excluded from the scope are amorphous silica fabric rope and tubing (or sleeving). Amorphous silica fabric rope is a knitted or braided product made from amorphous silica yarns. Silica tubing (or sleeving) is braided into a hollow sleeve from amorphous silica yarns. The subject imports are normally classified in subheadings 7019.59.4021, 7019.59.4096, 7019.59.9021, and 7019.59.9096 of the Harmonized Tariff Schedule of the United States (HTSUS), but may also enter under HTSUS subheadings 7019.40.4030, 7019.40.4060, 7019.40.9030, 7019.40.9060, 7019.51.9010, 7019.51.9090, 7019.52.9010, 7019.52.9021, 7019.52.9096 and 7019.90.1000. HTSUS subheadings are provided for convenience and customs VerDate Sep<11>2014 17:27 Jul 01, 2016 Jkt 238001 XIV. Verification XV. Conclusion Appendix II Scope of the Investigation The product covered by this investigation is woven (whether from yarns or rovings) industrial grade amorphous silica fabric, which contains a minimum of 90 percent silica (SiO2) by nominal weight, and a nominal width in excess of 8 inches. The investigation covers industrial grade amorphous silica fabric regardless of other materials contained in the fabric, regardless of whether in roll form or cut-to-length, regardless of weight, width (except as noted above), or length. The investigation covers industrial grade amorphous silica fabric regardless of whether the product is approved by a standards testing body (such as being Factory Mutual (FM) Approved), or regardless of whether it meets any governmental specification. Industrial grade amorphous silica fabric may be produced in various colors. The investigation covers industrial grade amorphous silica fabric regardless of whether the fabric is colored. Industrial grade amorphous silica fabric may be coated or treated with materials that include, but are not limited to, oils, vermiculite, acrylic latex compound, silicone, aluminized polyester (Mylar®) film, pressure-sensitive adhesive, or other coatings and treatments. The investigation covers industrial grade amorphous silica fabric regardless of whether the fabric is coated or treated, and regardless of coating or treatment weight as a percentage of total product weight. Industrial grade amorphous silica fabric may be heat-cleaned. The investigation covers industrial grade amorphous silica fabric regardless of whether the fabric is heat-cleaned. Industrial grade amorphous silica fabric may be imported in rolls or may be cut-tolength and then further fabricated to make welding curtains, welding blankets, welding pads, fire blankets, fire pads, or fire screens. Regardless of the name, all industrial grade amorphous silica fabric that has been further cut-to-length or cut-to-width or further finished by finishing the edges and/or adding grommets, is included within the scope of this investigation. Subject merchandise also includes (1) any industrial grade amorphous silica fabric that has been converted into industrial grade amorphous silica fabric in China from fiberglass cloth produced in a third country; and (2) any industrial grade amorphous silica fabric that has been further processed in a third country prior to export to the United States, including but not limited to treating, coating, slitting, cutting to length, cutting to width, finishing the edges, adding grommets, or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the in-scope industrial grade amorphous silica fabric. Excluded from the scope of the investigation is amorphous silica fabric that is subjected to controlled shrinkage, which is also called ‘‘pre-shrunk’’ or ‘‘aerospace grade’’ amorphous silica fabric. In order to be excluded as a pre-shrunk or aerospace grade amorphous silica fabric, the amorphous silica fabric must meet the following exclusion criteria: (1) The amorphous silica fabric must contain a minimum of 98 percent silica (SiO2) by nominal weight; (2) the amorphous silica fabric must have an areal shrinkage of 4 percent or less; (3) the amorphous silica fabric must contain no coatings or treatments; and (4) the amorphous silica fabric must be white in color. For purposes of this scope, ‘‘areal shrinkage’’ refers to the extent to which a specimen of amorphous silica fabric shrinks while subjected to heating at 1800 degrees F for 30 minutes. purposes only; the written description of the scope of this investigation is dispositive. DEPARTMENT OF COMMERCE [FR Doc. 2016–15729 Filed 7–1–16; 8:45 am] International Trade Administration BILLING CODE 3510–DS–P [A–570–979] PO 00000 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Final Results of Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 26, 2016, the Department of Commerce (the ‘‘Department’’) published its notice of initiation and preliminary results of a changed circumstances review of the AGENCY: Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\05JYN1.SGM 05JYN1 EN05JY16.010</GPH> 43582 Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices 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 The Department preliminarily determined that Hangzhou Sunny Energy Science and Technology Co., Ltd. (‘‘Hangzhou Sunny’’) is the successor-in-interest to Hangzhou Zhejiang University Sunny Energy Science and Technology Co., Ltd. (‘‘Hangzhou ZU Sunny’’) for purposes of the AD order on solar cells from the PRC and, as such, is entitled to Hangzhou ZU Sunny’s cash deposit rate with respect to entries of subject merchandise. We invited interested parties to comment on the Preliminary Results. As no parties submitted comments, and there is no other information or evidence on the record calling into question our Preliminary Results, the Department is making no changes to the Preliminary Results. For these final results, the Department continues to find that Hangzhou Sunny is the successor in interest to Hangzhou ZU Sunny. DATES: Effective Date: July 5, 2016. FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, 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) 482–2769. SUPPLEMENTARY INFORMATION: sradovich on DSK3GDR082PROD 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 April 4, 2016, Hangzhou Sunny requested that the Department initiate an expedited changed circumstances review to determine that Hangzhou Sunny is the successor-in-interest to Hangzhou ZU Sunny for AD purposes.3 On May 20, 2016, the Department initiated a changed circumstances review and made a preliminary finding 1 See Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules From the People’s Republic of China, 81 FR 33463 (May 26, 2016) (‘‘Preliminary Results’’), and accompanying Preliminary Decision Memorandum. 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 Hangzhou Sunny to the Department regarding, ‘‘Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules from the People’s Republic of China: Request for Expedited Changed Circumstances Review’’ (April 4, 2016) (‘‘CCR Request’’). VerDate Sep<11>2014 17:27 Jul 01, 2016 Jkt 238001 that Hangzhou Sunny is the successorin-interest to Hangzhou ZU Sunny, and is entitled to Hangzhou ZU Sunny’s cash deposit rate with respect to entries of merchandise subject to the AD Order on solar cells from the PRC.4 We provided interested parties 14 days from the date of publication of the Preliminary Results to submit case briefs. No interested parties submitted case briefs or requested a hearing. Scope of the Order The merchandise covered by the Order is crystalline silicon photovoltaic cells, whether or not assembled into modules, subject to certain exceptions.5 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. While these HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this Order is dispositive. Final Results of Changed Circumstances Review Because the record contains no information or evidence that calls into question the Preliminary Results, for the reasons stated in the Preliminary Results, the Department continues to find that Hangzhou Sunny is the successor-in-interest to Hangzhou ZU Sunny, and is entitled to Hangzhou ZU Sunny’s cash deposit rate with respect to entries of merchandise subject to the AD Order on solar cells from the PRC.6 We are issuing this determination and publishing these final results and notice in accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.216 and 351.221(c)(3). Instructions to U.S. Customs and Border Protection Based on these final results, we will instruct U.S. Customs and Border Protection to collect estimated antidumping duties for all shipments of Preliminary Results, 81 FR 33463. a complete description of the scope of the Order, see Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Preliminary Results of Changed Circumstances Review: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China’’ (‘‘Preliminary Results Memorandum’’). 6 For a complete discussion of the Department’s findings, which remain unchanged in these final results and which are herein incorporated by reference and adopted by this notice, see generally the Preliminary Results Memorandum accompanying the Preliminary Results. PO 00000 4 See 5 For Frm 00014 Fmt 4703 Sfmt 4703 43583 subject merchandise exported by Hangzhou Sunny and entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice in the Federal Register at the current AD cash deposit rate for Hangzhou ZU Sunny (i.e., 9.67 percent).7 This cash deposit requirement shall remain in effect until further notice. Notification to Interested Parties This notice serves as a final 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/ 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. We are issuing and publishing this final results notice in accordance with sections 751(b) and 777(i) of the Act and 19 CFR 351.216. Dated: June 28, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–15836 Filed 7–1–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: Background Every five years, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department of Commerce (‘‘the Department’’) and the International Trade Commission automatically initiate and conduct a review to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 of the Act would be likely to lead to continuation or recurrence of dumping 7 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 (June 14, 2015). E:\FR\FM\05JYN1.SGM 05JYN1

Agencies

[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Notices]
[Pages 43582-43583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15836]


-----------------------------------------------------------------------

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 
Changed Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On May 26, 2016, the Department of Commerce (the 
``Department'') published its notice of initiation and preliminary 
results of a changed circumstances review of the

[[Page 43583]]

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\ The Department 
preliminarily determined that Hangzhou Sunny Energy Science and 
Technology Co., Ltd. (``Hangzhou Sunny'') is the successor-in-interest 
to Hangzhou Zhejiang University Sunny Energy Science and Technology 
Co., Ltd. (``Hangzhou ZU Sunny'') for purposes of the AD order on solar 
cells from the PRC and, as such, is entitled to Hangzhou ZU Sunny's 
cash deposit rate with respect to entries of subject merchandise. We 
invited interested parties to comment on the Preliminary Results. As no 
parties submitted comments, and there is no other information or 
evidence on the record calling into question our Preliminary Results, 
the Department is making no changes to the Preliminary Results. For 
these final results, the Department continues to find that Hangzhou 
Sunny is the successor in interest to Hangzhou ZU Sunny.
---------------------------------------------------------------------------

    \1\ See Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review: Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled Into Modules From the People's 
Republic of China, 81 FR 33463 (May 26, 2016) (``Preliminary 
Results''), and accompanying Preliminary Decision Memorandum.

---------------------------------------------------------------------------
DATES: Effective Date: July 5, 2016.

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, 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-
2769.

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 April 4, 2016, 
Hangzhou Sunny requested that the Department initiate an expedited 
changed circumstances review to determine that Hangzhou Sunny is the 
successor-in-interest to Hangzhou ZU Sunny for AD purposes.\3\ On May 
20, 2016, the Department initiated a changed circumstances review and 
made a preliminary finding that Hangzhou Sunny is the successor-in-
interest to Hangzhou ZU Sunny, and is entitled to Hangzhou ZU Sunny's 
cash deposit rate with respect to entries of merchandise subject to the 
AD Order on solar cells from the PRC.\4\ We provided interested parties 
14 days from the date of publication of the Preliminary Results to 
submit case briefs. No interested parties submitted case briefs or 
requested a hearing.
---------------------------------------------------------------------------

    \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 Hangzhou Sunny to the Department regarding, 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules from the People's Republic of China: Request for 
Expedited Changed Circumstances Review'' (April 4, 2016) (``CCR 
Request'').
    \4\ See Preliminary Results, 81 FR 33463.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the Order is crystalline silicon 
photovoltaic cells, whether or not assembled into modules, subject to 
certain exceptions.\5\ 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. While these HTSUS subheadings are 
provided for convenience and customs purposes; the written description 
of the scope of this Order is dispositive.
---------------------------------------------------------------------------

    \5\ For a complete description of the scope of the Order, see 
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, ``Preliminary 
Results of Changed Circumstances Review: Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled Into Modules, from the 
People's Republic of China'' (``Preliminary Results Memorandum'').
---------------------------------------------------------------------------

Final Results of Changed Circumstances Review

    Because the record contains no information or evidence that calls 
into question the Preliminary Results, for the reasons stated in the 
Preliminary Results, the Department continues to find that Hangzhou 
Sunny is the successor-in-interest to Hangzhou ZU Sunny, and is 
entitled to Hangzhou ZU Sunny's cash deposit rate with respect to 
entries of merchandise subject to the AD Order on solar cells from the 
PRC.\6\ We are issuing this determination and publishing these final 
results and notice in accordance with sections 751(b)(1) and 777(i)(1) 
and (2) of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 
351.216 and 351.221(c)(3).
---------------------------------------------------------------------------

    \6\ For a complete discussion of the Department's findings, 
which remain unchanged in these final results and which are herein 
incorporated by reference and adopted by this notice, see generally 
the Preliminary Results Memorandum accompanying the Preliminary 
Results.
---------------------------------------------------------------------------

Instructions to U.S. Customs and Border Protection

    Based on these final results, we will instruct U.S. Customs and 
Border Protection to collect estimated antidumping duties for all 
shipments of subject merchandise exported by Hangzhou Sunny and 
entered, or withdrawn from warehouse, for consumption on or after the 
publication date of this notice in the Federal Register at the current 
AD cash deposit rate for Hangzhou ZU Sunny (i.e., 9.67 percent).\7\ 
This cash deposit requirement shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \7\ 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 (June 14, 
2015).
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice serves as a final 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/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.
    We are issuing and publishing this final results notice in 
accordance with sections 751(b) and 777(i) of the Act and 19 CFR 
351.216.

    Dated: June 28, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-15836 Filed 7-1-16; 8:45 am]
 BILLING CODE 3510-DS-P