Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2013, 46904-46906 [2016-17064]

Download as PDF 46904 Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Notices Comment 9: Treatment of Three Respondents as Separate Rate Applicants Comment 10: Treatment of Fusong Jinlong Group as a Single Entity Comment 11: Correction of Baishan Huafeng’s Name Recommendation Table of Shortened Citations Litigation Cite Table [FR Doc. 2016–17049 Filed 7–18–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Meeting of the United States Manufacturing Council International Trade Administration, U.S. Department of Commerce. AGENCY: ACTION: Notice of an open meeting. The United States Manufacturing Council (Council) will hold an open meeting via livestream on Wednesday, August 3, 2016. The Council was established in April 2004 to advise the Secretary of Commerce on matters relating to the U.S. manufacturing industry. The purpose of the meeting is for Council members to review and deliberate a letter that summarizes the Council’s recommendations and provides advice to the Secretary on the future of the Manufacturing Council. The final agenda will be posted on the Department of Commerce Web site for the Council at http://www.trade.gov/ manufacturingcouncil/, at least one week in advance of the meeting. SUMMARY: Wednesday, August 3, 2016, 9:00 a.m.–12:00 p.m. DATES: The United States Manufacturing Council meeting will be broadcast via live webcast on the Internet at http://whitehouse.gov/live. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Archana Sahgal, U.S. Manufacturing Council, Room 4043, 1401 Constitution Avenue NW., Washington, DC 20230, telephone: 202–482–4501, email: archana.sahgal@trade.gov. mstockstill on DSK3G9T082PROD with NOTICES SUPPLEMENTARY INFORMATION: Background: The Council advises the Secretary of Commerce on matters relating to the U.S. manufacturing industry. Public Participation: The public is invited to submit written statements to the United States Investment Advisory Council. Statements must be received by 5:00 p.m. EDT June 14, 2016 by either of the following methods: VerDate Sep<11>2014 19:39 Jul 18, 2016 Jkt 238001 a. Electronic Submissions Submit statements electronically to Archana Sahgal, Executive Secretary, United States Manufacturing Council via email: Archana.Sahgal@trade.gov. b. Paper Submissions Send paper statements to Archana Sahgal, Executive Secretary, United States Manufacturing Council, Room 4043, 1401 Constitution Avenue NW., Washington, DC 20230. Statements will be posted on the United States Manufacturing Council website (http:// www.trade.gov/manufacturingcouncil) without change, including any business or personal information provided such as names, addresses, email addresses, or telephone numbers. All statements received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. You should submit only information that you wish to make publicly available. Meeting minutes: Copies of the Council’s meeting minutes will be available within ninety (90) days of the meeting. Dated: July13, 2016. Archana Sahgal, Executive Secretary, U.S. Manufacturing Council. [FR Doc. 2016–17046 Filed 7–18–16; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration We provided interested parties with an opportunity to comment on the Preliminary Results. Our analysis of the comments submitted resulted in a change to the net subsidy rates for respondent JA Solar Technology Yangzhou Co., Ltd. and its crossedowned companies (collectively, JA Solar). The final net subsidy rates are listed below in the section entitled, ‘‘Final Results of the Review.’’ Withdrawals of certain requests for review were timely filed and, as a result, we rescinded this administrative review with respect to certain companies, pursuant to 19 CFR 351.213(d)(1), and proceeded with the review of JA Solar, Changzhou Trina Solar Energy Co., Ltd. (Trina), and Wuxi Suntech Power Co., Ltd. (Suntech).2 DATES: Effective Date: July 19, 2016. FOR FURTHER INFORMATION CONTACT: David Lindgren, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–3870. SUPPLEMENTARY INFORMATION: Background Following the Preliminary Results, the Department conducted verification of the questionnaire responses submitted by the Government of the PRC (the GOC) and JA Solar from March 7 to 18, 2016. The verification reports were released on May 6, 2016.3 We received case briefs from interested parties on May 18, 2016.4 On May 31, 2016, [C–570–980] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Final Results of Countervailing Duty Administrative Review; 2013 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has completed its administrative review of the countervailing duty (CVD) order on crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the People’s Republic of China (the PRC) for the period of review (POR) covering January 1, 2013, through December 31, 2013. On January 8, 2016, we published the preliminary results of this review.1 AGENCY: 1 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Preliminary Results of PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 Countervailing Duty Administrative Review; 2013; and Partial Rescission of Countervailing Duty Administrative Review, 81 FR 908 (January 8, 2016) (Preliminary Results). 2 For a list of the rescinded companies, see Preliminary Results at Appendix II. 3 See Department Memoranda, ‘‘Countervailing Duty Administrative Review of Certain Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Verification of the Questionnaire Responses Submitted by the Government of China,’’ and ‘‘Verification of the Questionnaire Responses Submitted by JA Solar Technology Yangzhou Co., Ltd. and its cross-owned companies: Countervailing Duty Second Administrative Review of Certain Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules from the People’s Republic of China,’’ both dated May 6, 2016. 4 See Letter to the Secretary from the GOC, ‘‘GOC Administrative Case Brief: Second Administrative Review of the Countervailing Duty Order on Crystalline Silicon Photovoltaic Cells, Whether or not Assembled into Modules from the People’s Republic of China (C–570–980),’’ and Letter to the Secretary from JA Solar, ‘‘Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules from the People’s Republic of China: Case Brief,’’ both dated May 18, 2016; see also Letter to the Secretary from SolarWorld Americas, Inc. (Petitioner), ‘‘Certain Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into E:\FR\FM\19JYN1.SGM 19JYN1 Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Notices interested parties submitted their rebuttal briefs.5 No hearing was held in this case as the only hearing requests were withdrawn.6 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. The product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) item numbers 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 full description of the scope of the order is contained in the Issues and Decision Memorandum, which is hereby adopted by this notice.7 mstockstill on DSK3G9T082PROD with NOTICES Analysis of Comments Received All issues in the case briefs are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice as Appendix I. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Modules, from the People’s Republic of China: Resubmission of SolarWorld Americas, Inc.’s Case Brief,’’ May 24, 2016. 5 See Letter to the Secretary from Petitioner, ‘‘Certain Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China: Rebuttal Brief of SolarWorld Americas, Inc.,’’ (May 31, 2016); see also Letter from the GOC, ‘‘GOC Rebuttal Brief: Second Administrative Review of the Countervailing Duty Order on Crystalline Silicon Photovoltaic Cells, Whether or not Assembled into Modules from the People’s Republic of China (C– 570–980),’’ (May 31, 2016); Letter from JA Solar, ‘‘Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Rebuttal Brief,’’ (May 31, 2016). 6 See Letter to the Secretary from JA Solar, ‘‘Crystalline Silicon Photovoltaic Cells, Whether Or Not Assembled into Modules, From the People’s Republic of China: Withdrawal of Hearing Request,’’ (June 2, 2016); see also Letter to the Secretary from Petitioner, ‘‘Certain Crystalline Silicon Photovoltaic Cells, Whether Or Not Assembled into Modules, from the People’s Republic of China: Withdrawal of Request for Hearing,’’ (June 7, 2016). 7 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ‘‘Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China; 2013,’’ dated concurrently with this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 19:39 Jul 18, 2016 Jkt 238001 Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/ enforcement/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Methodology The Department conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we determine that there is a subsidy, i.e., a financial contribution from an ‘‘authority’’ that confers a benefit to the recipient, and that the subsidy is specific.8 For a full description of the methodology underlying our conclusions, see the Issues and Decision Memorandum. In making these findings, we relied, in part, on facts available and, because the GOC did not act to the best of its ability in responding to the Department’s requests for information, we drew an adverse inference in selecting from among the facts otherwise available.9 For further information, see the section, ‘‘Use of Facts Otherwise Available and Adverse Inferences,’’ in the Issues and Decision Memorandum. Final Results of the Review In accordance with 19 CFR 351.221(b)(5), we determine a net countervailable subsidy rate of 19.20 percent ad valorem for JA Solar. Because the only individually calculated rate in the instant review is not zero, de minimis, or based entirely on facts otherwise available, the Department has assigned this rate, calculated for JA Solar, to Trina and Suntech, companies that are subject to this review but were not selected for individual examination in this review. Subsidy rate (percent) Company JA Solar Technology Yangzhou Co., Ltd. and its cross-owned affiliates 10 ................................. 19.20 8 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5)(A) of the Act regarding specificity. 9 See sections 776(a) and (b) of the Act. PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 Company Changzhou Trina Solar Energy Co., Ltd ..................................... Wuxi Suntech Power Co., Ltd ...... 46905 Subsidy rate (percent) 19.20 19.20 Disclosure In accordance with 19 CFR 351.224(b), we will disclose the calculations performed within five days of the publication of this notice in the Federal Register. Assessment Rates In accordance with 19 CFR 351.212(b)(2), the Department intends to issue appropriate assessment instructions directly to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of these final results, to liquidate shipments of subject merchandise by JA Solar, Trina and Suntech entered, or withdrawn from warehouse, for consumption on or after January 1, 2013, through December 31, 2013, at the percent rates, as listed above for each of the respective companies, of the entered value. Cash Deposit Instructions The Department also intends to instruct CBP to collect cash deposits of estimated CVDs in the amount shown above for shipments of subject merchandise by JA Solar, Trina and Suntech entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For non-reviewed firms, we will instruct CBP to collect cash deposits of estimated CVDs at the most recent company-specific or all-others rate applicable to the company. These cash deposit requirements, when imposed, shall remain in effect until further notice. 10 Cross-owned affiliates are: Donghai JA Solar Technology Co., Ltd.; Hebei Ningjin Songgong Semiconductor Co., Ltd.; Hebei Ningtong Electronic Materials Co., Ltd.; Hebei Yujing Electronic Science and Technology Co., Ltd.; Hefei JA Solar Technology Co., Ltd.; JA (Hefei) Renewable Energy Co., Ltd.; JA Solar Technology Yangzhou Co., Ltd.; Jing Hai Yang Semiconductor Material (Donghai) Co., Ltd.; JingAo Solar Co., Ltd.; JingLong Industry and Commerce Group Co., Ltd.; Jingwei Electronic Material Co., Ltd.; Ningjin Changlong Electronic Materials Manufacturing Co.; Ningjin County Jingyuan New Energy Investment Co., Ltd.; Ningjin Guiguang Electronic Investment Co., Ltd.; Ningjin Jingfeng Electronic Materials Co., Ltd.; Ningjin Saimei Ganglong Electronic Materials Co., Ltd.; Ningjin Songgong Electronic Materials Co., Ltd.; Ningjing Sunshine New Energy Co., Ltd.; Ninjing Jingxing Electronic Materials Co., Ltd.; Shanghai JA Solar Technology Co., Ltd.; Solar Silicon Valley Electronic Science and Technology Co., Ltd.; Xingtai Jinglong Electronic Materials Co., Ltd.; and, Yangguang Guifeng Electronic Technology Co., Ltd. E:\FR\FM\19JYN1.SGM 19JYN1 46906 Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Notices Administrative Protective Order DEPARTMENT OF COMMERCE This notice serves as a 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 destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. International Trade Administration Dated: July 12, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Period of Review III. Scope of the Order IV. Subsidies Valuation Information V. Benchmarks and Discount Rates VI. Use of Facts Otherwise Available and Adverse Inferences VII. Analysis of Programs VIII. Final Results of Review IX. Analysis of Comments Comment 1: Usage of Export Buyer’s Credit Program Comment 2: Selection of AFA Rate for Export Buyer’s Credit Program Comment 3: Specificity of Aluminum Extrusion for LTAR Program Comment 4: Polysilicon Market Distortions Comment 5: Polysilicon Benchmark Comment 6: Solar Glass Benchmark Comment 7: Ocean Freight Benchmark Comment 8: Inclusion of VAT in LTAR Benchmarks Comment 9: Electricity Benchmarks Comment 10: Electricity Benefit Calculation Comment 11: Application of Uncreditworthy Discount Rates to Variable Loans Comment 12: Application of Uncreditworthy Discount Rates to Imported Equipment Purchases Comment 13: Minor Corrections X. Recommendation mstockstill on DSK3G9T082PROD with NOTICES [FR Doc. 2016–17064 Filed 7–18–16; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 19:39 Jul 18, 2016 Jkt 238001 [A–570–970] Multilayered Wood Flooring From the People’s Republic of China: Rescission of Antidumping Duty New Shipper Review; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) published its Preliminary Rescission for the new shipper review (‘‘NSR’’) of the antidumping duty order on multilayered wood flooring from the People’s Republic of China (‘‘PRC’’) on June 2, 2016.1 The period of review (‘‘POR’’) is December 1, 2013 through November 30, 2014. As discussed below, we preliminarily found that the sale made by Qingdao Barry Flooring Co., Ltd. (‘‘Qingdao Barry’’) is not bona fide, and announced our preliminary intent to rescind its NSR. For the final results of this review, we continue to find Qingdao Barry’s sale to be non-bona fide. Therefore, we are rescinding this NSR. DATES: Effective Date: July 19, 2016. FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–5831. SUPPLEMENTARY INFORMATION: AGENCY: Background For a complete description of the events that followed the publication of the Preliminary Rescission, see the Issues and Decision Memorandum.2 The Issues and Decision Memorandum is a public document and is on file 1 See Multilayered Wood Flooring From the People’s Republic of China: Preliminary Rescission of 2013–2014 Antidumping Duty New Shipper Review, 81 FR 35306 (June 2, 2016) (‘‘Preliminary Rescission’’); see also Memorandum from Maisha Cryor, Office IV AD/CVD Operations, to Abdelali Elouaradia, Director, Enforcement and Compliance, Office IV entitled ‘‘Antidumping Duty New Shipper Review of Multilayered Wood Flooring from the People’s Republic of China: Preliminary Bona Fide Sale Analysis for Qingdao Barry Flooring Co., Ltd.,’’ dated May 24, 2016 (‘‘Prelim Bona Fide Memo’’). 2 See Memorandum from Christian Marsh, Deputy Assistant Secretary, Antidumping and Countervailing Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, entitled ‘‘Multilayered Wood Flooring From the People’s Republic of China: Issues and Decision Memorandum for the Final Rescission of the 2013–2014 New Shipper Review’’ issued concurrently with and hereby adopted by this notice (‘‘Issues and Decision Memorandum’’). PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 electronically via Enforcement and Compliance’s AD and Countervailing Duty (‘‘CVD’’) Centralized Electronic Service System (‘‘ACCESS’’). ACCESS is available to registered users at http:// access.trade.gov and in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Scope of the Order The merchandise covered by the order is multilayered wood flooring, which is composed of an assembly of two or more layers or plies of wood veneers 3 in combination with a core.4 Merchandise covered by this review is classifiable under subheadings 4412.31.0520; 4412.31.0540; 4412.31.0560; 4412.31.2510; 4412.31.2520; 4412.31.4040; 4412.31.4050; 4412.31.4060; 4412.31.4070; 4412.31.4075; 4412.31.4080; 4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.6000; 4412.31.9100; 4412.32.0520; 4412.32.0540; 4412.32.0560; 4412.32.0565; 4412.32.0570; 4412.32.2510; 4412.32.2520; 4412.32.2525; 4412.32.2530; 4412.32.3125; 4412.32.3135; 4412.32.3155; 4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.5600; 4412.39.1000; 4412.39.3000; 4412.39.4011; 4412.39.4012; 4412.39.4019; 4412.39.4031; 4412.39.4032; 4412.39.4039; 4412.39.4051; 4412.39.4052; 4412.39.4059; 4412.39.4061; 4412.39.4062; 4412.39.4069; 4412.39.5010; 4412.39.5030; 4412.39.5050; 4412.94.1030; 4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121; 4412.94.3131; 4412.94.3141; 4412.94.3160; 4412.94.3171; 4412.94.4100; 4412.94.5100; 4412.94.6000; 4412.94.7000; 4412.94.8000; 4412.94.9000; 4412.94.9500; 4412.99.0600; 4412.99.1020; 4412.99.1030; 4412.99.1040; 4412.99.3110; 4412.99.3120; 4412.99.3130; 4412.99.3140; 4412.99.3150; 4412.99.3160; 3 A ‘‘veneer’’ is a thin slice of wood, rotary cut, sliced or sawed from a log, bolt or flitch. Veneer is referred to as a ply when assembled. 4 For a complete description of the scope of the order, see the Issues and Decision Memorandum. E:\FR\FM\19JYN1.SGM 19JYN1

Agencies

[Federal Register Volume 81, Number 138 (Tuesday, July 19, 2016)]
[Notices]
[Pages 46904-46906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17064]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-980]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Final Results of 
Countervailing Duty Administrative Review; 2013

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

SUMMARY: The Department of Commerce (the Department) has completed its 
administrative review of the countervailing duty (CVD) order on 
crystalline silicon photovoltaic cells, whether or not assembled into 
modules (solar cells), from the People's Republic of China (the PRC) 
for the period of review (POR) covering January 1, 2013, through 
December 31, 2013. On January 8, 2016, we published the preliminary 
results of this review.\1\
---------------------------------------------------------------------------

    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, From the People's Republic of China: 
Preliminary Results of Countervailing Duty Administrative Review; 
2013; and Partial Rescission of Countervailing Duty Administrative 
Review, 81 FR 908 (January 8, 2016) (Preliminary Results).
---------------------------------------------------------------------------

    We provided interested parties with an opportunity to comment on 
the Preliminary Results. Our analysis of the comments submitted 
resulted in a change to the net subsidy rates for respondent JA Solar 
Technology Yangzhou Co., Ltd. and its crossed-owned companies 
(collectively, JA Solar). The final net subsidy rates are listed below 
in the section entitled, ``Final Results of the Review.''
    Withdrawals of certain requests for review were timely filed and, 
as a result, we rescinded this administrative review with respect to 
certain companies, pursuant to 19 CFR 351.213(d)(1), and proceeded with 
the review of JA Solar, Changzhou Trina Solar Energy Co., Ltd. (Trina), 
and Wuxi Suntech Power Co., Ltd. (Suntech).\2\
---------------------------------------------------------------------------

    \2\ For a list of the rescinded companies, see Preliminary 
Results at Appendix II.

---------------------------------------------------------------------------
DATES: Effective Date: July 19, 2016.

FOR FURTHER INFORMATION CONTACT: David Lindgren, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
3870.

SUPPLEMENTARY INFORMATION: 

Background

    Following the Preliminary Results, the Department conducted 
verification of the questionnaire responses submitted by the Government 
of the PRC (the GOC) and JA Solar from March 7 to 18, 2016. The 
verification reports were released on May 6, 2016.\3\ We received case 
briefs from interested parties on May 18, 2016.\4\ On May 31, 2016,

[[Page 46905]]

interested parties submitted their rebuttal briefs.\5\ No hearing was 
held in this case as the only hearing requests were withdrawn.\6\
---------------------------------------------------------------------------

    \3\ See Department Memoranda, ``Countervailing Duty 
Administrative Review of Certain Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled Into Modules, from the People's 
Republic of China: Verification of the Questionnaire Responses 
Submitted by the Government of China,'' and ``Verification of the 
Questionnaire Responses Submitted by JA Solar Technology Yangzhou 
Co., Ltd. and its cross-owned companies: Countervailing Duty Second 
Administrative Review of Certain Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled Into Modules from the People's 
Republic of China,'' both dated May 6, 2016.
    \4\ See Letter to the Secretary from the GOC, ``GOC 
Administrative Case Brief: Second Administrative Review of the 
Countervailing Duty Order on Crystalline Silicon Photovoltaic Cells, 
Whether or not Assembled into Modules from the People's Republic of 
China (C-570-980),'' and Letter to the Secretary from JA Solar, 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules from the People's Republic of China: Case Brief,'' both 
dated May 18, 2016; see also Letter to the Secretary from SolarWorld 
Americas, Inc. (Petitioner), ``Certain Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules, from the 
People's Republic of China: Resubmission of SolarWorld Americas, 
Inc.'s Case Brief,'' May 24, 2016.
    \5\ See Letter to the Secretary from Petitioner, ``Certain 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules, from the People's Republic of China: Rebuttal Brief of 
SolarWorld Americas, Inc.,'' (May 31, 2016); see also Letter from 
the GOC, ``GOC Rebuttal Brief: Second Administrative Review of the 
Countervailing Duty Order on Crystalline Silicon Photovoltaic Cells, 
Whether or not Assembled into Modules from the People's Republic of 
China (C-570-980),'' (May 31, 2016); Letter from JA Solar, 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, from the People's Republic of China: Rebuttal Brief,'' 
(May 31, 2016).
    \6\ See Letter to the Secretary from JA Solar, ``Crystalline 
Silicon Photovoltaic Cells, Whether Or Not Assembled into Modules, 
From the People's Republic of China: Withdrawal of Hearing 
Request,'' (June 2, 2016); see also Letter to the Secretary from 
Petitioner, ``Certain Crystalline Silicon Photovoltaic Cells, 
Whether Or Not Assembled into Modules, from the People's Republic of 
China: Withdrawal of Request for Hearing,'' (June 7, 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. The 
product is currently classified under the Harmonized Tariff Schedule of 
the United States (HTSUS) item numbers 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 full 
description of the scope of the order is contained in the Issues and 
Decision Memorandum, which is hereby adopted by this notice.\7\
---------------------------------------------------------------------------

    \7\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Issues and Decision Memorandum for the Final Results 
of the Countervailing Duty Administrative Review of Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, 
from the People's Republic of China; 2013,'' dated concurrently with 
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues in the case briefs are addressed in the Issues and 
Decision Memorandum. A list of the issues raised is attached to this 
notice as Appendix I. 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 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 on the 
internet at http://www.trade.gov/enforcement/. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we determine that there 
is a subsidy, i.e., a financial contribution from an ``authority'' that 
confers a benefit to the recipient, and that the subsidy is 
specific.\8\ For a full description of the methodology underlying our 
conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \8\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5)(A) of the Act regarding specificity.
---------------------------------------------------------------------------

    In making these findings, we relied, in part, on facts available 
and, because the GOC did not act to the best of its ability in 
responding to the Department's requests for information, we drew an 
adverse inference in selecting from among the facts otherwise 
available.\9\ For further information, see the section, ``Use of Facts 
Otherwise Available and Adverse Inferences,'' in the Issues and 
Decision Memorandum.
---------------------------------------------------------------------------

    \9\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Final Results of the Review

    In accordance with 19 CFR 351.221(b)(5), we determine a net 
countervailable subsidy rate of 19.20 percent ad valorem for JA Solar. 
Because the only individually calculated rate in the instant review is 
not zero, de minimis, or based entirely on facts otherwise available, 
the Department has assigned this rate, calculated for JA Solar, to 
Trina and Suntech, companies that are subject to this review but were 
not selected for individual examination in this review.

------------------------------------------------------------------------
                                                                Subsidy
                           Company                                rate
                                                               (percent)
------------------------------------------------------------------------
JA Solar Technology Yangzhou Co., Ltd. and its cross-owned         19.20
 affiliates \10\.............................................
Changzhou Trina Solar Energy Co., Ltd........................      19.20
Wuxi Suntech Power Co., Ltd..................................      19.20
------------------------------------------------------------------------

Disclosure
---------------------------------------------------------------------------

    \10\ Cross-owned affiliates are: Donghai JA Solar Technology 
Co., Ltd.; Hebei Ningjin Songgong Semiconductor Co., Ltd.; Hebei 
Ningtong Electronic Materials Co., Ltd.; Hebei Yujing Electronic 
Science and Technology Co., Ltd.; Hefei JA Solar Technology Co., 
Ltd.; JA (Hefei) Renewable Energy Co., Ltd.; JA Solar Technology 
Yangzhou Co., Ltd.; Jing Hai Yang Semiconductor Material (Donghai) 
Co., Ltd.; JingAo Solar Co., Ltd.; JingLong Industry and Commerce 
Group Co., Ltd.; Jingwei Electronic Material Co., Ltd.; Ningjin 
Changlong Electronic Materials Manufacturing Co.; Ningjin County 
Jingyuan New Energy Investment Co., Ltd.; Ningjin Guiguang 
Electronic Investment Co., Ltd.; Ningjin Jingfeng Electronic 
Materials Co., Ltd.; Ningjin Saimei Ganglong Electronic Materials 
Co., Ltd.; Ningjin Songgong Electronic Materials Co., Ltd.; Ningjing 
Sunshine New Energy Co., Ltd.; Ninjing Jingxing Electronic Materials 
Co., Ltd.; Shanghai JA Solar Technology Co., Ltd.; Solar Silicon 
Valley Electronic Science and Technology Co., Ltd.; Xingtai Jinglong 
Electronic Materials Co., Ltd.; and, Yangguang Guifeng Electronic 
Technology Co., Ltd.
---------------------------------------------------------------------------

    In accordance with 19 CFR 351.224(b), we will disclose the 
calculations performed within five days of the publication of this 
notice in the Federal Register.

Assessment Rates

    In accordance with 19 CFR 351.212(b)(2), the Department intends to 
issue appropriate assessment instructions directly to U.S. Customs and 
Border Protection (CBP) 15 days after the date of publication of these 
final results, to liquidate shipments of subject merchandise by JA 
Solar, Trina and Suntech entered, or withdrawn from warehouse, for 
consumption on or after January 1, 2013, through December 31, 2013, at 
the percent rates, as listed above for each of the respective 
companies, of the entered value.

Cash Deposit Instructions

    The Department also intends to instruct CBP to collect cash 
deposits of estimated CVDs in the amount shown above for shipments of 
subject merchandise by JA Solar, Trina and Suntech entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this review.
    For non-reviewed firms, we will instruct CBP to collect cash 
deposits of estimated CVDs at the most recent company-specific or all-
others rate applicable to the company. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.

[[Page 46906]]

Administrative Protective Order

    This notice serves as a 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 destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 12, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Period of Review
III. Scope of the Order
IV. Subsidies Valuation Information
V. Benchmarks and Discount Rates
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Final Results of Review
IX. Analysis of Comments
    Comment 1: Usage of Export Buyer's Credit Program
    Comment 2: Selection of AFA Rate for Export Buyer's Credit 
Program
    Comment 3: Specificity of Aluminum Extrusion for LTAR Program
    Comment 4: Polysilicon Market Distortions
    Comment 5: Polysilicon Benchmark
    Comment 6: Solar Glass Benchmark
    Comment 7: Ocean Freight Benchmark
    Comment 8: Inclusion of VAT in LTAR Benchmarks
    Comment 9: Electricity Benchmarks
    Comment 10: Electricity Benefit Calculation
    Comment 11: Application of Uncreditworthy Discount Rates to 
Variable Loans
    Comment 12: Application of Uncreditworthy Discount Rates to 
Imported Equipment Purchases
    Comment 13: Minor Corrections
X. Recommendation

[FR Doc. 2016-17064 Filed 7-18-16; 8:45 am]
 BILLING CODE 3510-DS-P