Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of the Countervailing Duty Administrative Review and Preliminary Intent To Rescind, in Part; 2014, 2317-2319 [2017-00138]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Notices Al Jadirya Private Hospital, Baghdad, Iraq, and Anak Street, Qatif, Saudi Arabia 61177; BAHAR SAFWA GENERAL TRADING, P.O. Box 113212, Citadel Tower, Floor-5, Office #504, Business Bay, Dubai, United Arab Emirates, and P.O. Box 8709, Citadel Tower, Business Bay, Dubai, United Arab Emirates; SKY BLUE BIRD GROUP A/K/A SKY BLUE BIRD AVIATION A/ K/A SKY BLUE BIRD LTD A/K/A SKY BLUE BIRD FZC, P.O. Box 16111, Ras Al Khaimah Trade Zone, United Arab Emirates; and ISSAM SHAMMOUT A/ K/A MUHAMMAD ISAM MUHAMMAD ANWAR NUR SHAMMOUT A/K/A ISSAM ANWAR, Philips Building, 4th Floor, Al Fardous Street, Damascus, Syria, and Al Kolaa, Beirut, Lebanon 151515, and 17–18 Margaret Street, 4th Floor, London, W1W 8RP, United Kingdom, and Cumhuriyet Mah. Kavakli San St. Fulya, Cad. Hazar Sok. No.14/A Silivri, Istanbul, Turkey, and when acting for or on their behalf, any successors or assigns, agents, or employees (each a ‘‘Denied Person’’ and collectively the ‘‘Denied Persons’’) may not, directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as ‘‘item’’) exported or to be exported from the United States that is subject to the Export Administration Regulations (‘‘EAR’’), or in any other activity subject to the EAR including, but not limited to: A. Applying for, obtaining, or using any license, License Exception, or export control document; B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR; or C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR. SECOND, that no person may, directly or indirectly, do any of the following: A. Export or reexport to or on behalf of a Denied Person any item subject to the EAR; B. Take any action that facilitates the acquisition or attempted acquisition by a Denied Person of the ownership, possession, or control of any item subject to the EAR that has been or will be exported from the United States, including financing or other support activities related to a transaction VerDate Sep<11>2014 21:14 Jan 06, 2017 Jkt 241001 whereby a Denied Person acquires or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from a Denied Person of any item subject to the EAR that has been exported from the United States; D. Obtain from a Denied Person in the United States any item subject to the EAR with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the EAR that has been or will be exported from the United States and which is owned, possessed or controlled by a Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by a Denied Person if such service involves the use of any item subject to the EAR that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. THIRD, that, after notice and opportunity for comment as provided in section 766.23 of the EAR, any other person, firm, corporation, or business organization related to a Denied Person by affiliation, ownership, control, or position of responsibility in the conduct of trade or related services may also be made subject to the provisions of this Order. FOURTH, that this Order does not prohibit any export, reexport, or other transaction subject to the EAR where the only items involved that are subject to the EAR are the foreign-produced direct product of U.S.-origin technology. In accordance with the provisions of Sections 766.24(e) of the EAR, Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and/or Bahar Safwa General Trading may, at any time, appeal this Order by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202–4022. In accordance with the provisions of Sections 766.23(c)(2) and 766.24(e)(3) of the EAR, Pejman Mahmood Kosarayanifard, Mahmoud Amini, Kerman Aviation, Sirjanco Trading LLC, Ali Eslamian, Mahan Air General Trading LLC, Skyco (UK) Ltd., Equipco (UK) Ltd., Mehdi Bahrami, Sky Blue Bird Group, and/or Issam Shammout may, at any time, appeal their inclusion as a related person by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 2317 South Gay Street, Baltimore, Maryland 21202–4022. In accordance with the provisions of Section 766.24(d) of the EAR, BIS may seek renewal of this Order by filing a written request not later than 20 days before the expiration date. A renewal request may be opposed by Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and/or Bahar Safwa General Trading as provided in Section 766.24(d), by filing a written submission with the Assistant Secretary of Commerce for Export Enforcement, which must be received not later than seven days before the expiration date of the Order. A copy of this Order shall be provided to Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and Bahar Safwa General Trading and each related person, and shall be published in the Federal Register. This Order is effective immediately and shall remain in effect for 180 days. Dated: December 30, 2016. Richard R. Majauskas, Acting Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2017–00092 Filed 1–6–17; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [C–570–913] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Preliminary Results of the Countervailing Duty Administrative Review and Preliminary Intent To Rescind, in Part; 2014 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 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 January 1, 2014, through December 31, 2014. Interested parties are invited to comment on these preliminary results. DATES: Effective January 9, 2017. FOR FURTHER INFORMATION CONTACT: Gene Calvert, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of AGENCY: E:\FR\FM\09JAN1.SGM 09JAN1 2318 Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Notices Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3586. SUPPLEMENTARY INFORMATION: Background On December 7, 2012, the Department issued a countervailing duty (CVD) order on solar cells from the PRC.1 Several interested parties requested that the Department conduct an administrative review of the countervailing duty order, and February 9, 2016, the Department published in the Federal Register a notice of initiation of an administrative review of the CVD Order for 45 producers/ exporters for the POR.2 Scope of the Order The merchandise subject to the CVD 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. A full description of the scope of the order is contained in the Department memorandum, ‘‘Decision Memorandum for the Preliminary 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; 2014,’’ dated concurrently with this notice (Preliminary Decision Memorandum) and hereby adopted by this notice. sradovich on DSK3GMQ082PROD with NOTICES Methodology The Department is conducting this administrative 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 preliminarily find that there is a subsidy, (i.e., a financial contribution from an authority that gives rise to a benefit to the recipient) and that the subsidy is specific.3 In making this preliminary determination, the Department relied, in part, on facts otherwise available, with the application of adverse inferences.4 For 1 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Countervailing Duty Order, 77 FR 73017 (December 7, 2012) (CVD Order). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 6832 (February 9, 2016) (Initiation Notice). 3 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(5A) of the Act regarding specificity. 4 See section 776(a) of the Act. VerDate Sep<11>2014 21:14 Jan 06, 2017 Jkt 241001 further information, see ‘‘Use of Facts Otherwise Available and Application of Adverse Inferences’’ in the accompanying Preliminary Decision Memorandum. A list of topics discussed in the Preliminary Decision Memorandum is provided at Appendix I to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. Intent To Partially Rescind the Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation. Jinko Solar Co., Ltd., JinkoSolar (U.S.) Inc., Jinko Solar Import and Export Co., Ltd., JinkoSolar International Limited, Zhejiang Jinko Solar Co., Ltd. (collectively, the Jinko Solar Companies); Yingli Green Energy Holding Company Limited (Yingli); ERA Solar Co. Limited (ERA Solar); Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company (Zhejiang Sunflower); and JA Solar Technology Yangzhou Co., Ltd., Shanghai JA Solar Technology Co., Ltd., and JingAo Solar Co., Ltd. (collectively, the JA Solar Companies) timely withdrew their requests for review.5 No 5 See Letter to the Secretary from the Jinko Solar Companies, ‘‘Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China: Jinko’s Withdrawal of Request for Administrative Review,’’ (March 14, 2016); Letter to the Secretary from Yingli, ‘‘Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Yingli’s Withdrawal of Request for Administrative Review,’’ (March 18, 2016); Letter to the Secretary from ERA Solar, ‘‘Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules From The People’s Republic of China; ERA Solar Co., Limited’s Withdrawal of Request for Review,’’ (May 9, 2016); Letter to the Secretary from Zhejiang Sunflower, ‘‘Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules From The People’s Republic of China; Zhejiang Sunflower Light Energy PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 other party requested a review of any of these companies. Therefore, in accordance with 19 CFR 351.213(d)(1), the Department intends to rescind this review of the countervailing duty order on solar cells from the PRC with respect to these companies. A final decision regarding whether to rescind the review of these companies will be issued with the final results of review. Preliminary Results of Review As a result of this review, we preliminarily determine the countervailable subsidy rates to be: Company Canadian Solar Manufacturing (Changshu) and its Cross-Owned Affiliates 6 ... Changzhou Trina Solar Energy Co., Ltd. and its Cross-Owned Affiliates 7 ... Non-Selected Companies Under Review ................... Subsidy rate (percent) 20.98 12.48 16.69 Preliminary Rate for the Non-Selected Companies Under Review For the companies for which a review was requested that were not selected as mandatory company respondents, and for which we did not receive a timely request for withdrawal of review, and which we are not finding to be crossowned with the mandatory company respondents, we are preliminarily basing the subsidy rate on the weightedaverage of the subsidy rates calculated for Canadian Solar and Trina Solar. These rates were above de minimis and not based entirely on facts available. For a list of these non-selected companies, please see the Appendix to the Preliminary Decision Memorandum. Disclosure and Public Comment The Department will disclose to parties to this proceeding the calculations performed in reaching the preliminary results within five days of Science & Technology Limited Liability Company’s Withdrawal of Request for Review,’’ (May 9, 2016); and Letter to the Secretary from the JA Solar Companies, ‘‘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: Withdrawal of Request for Review,’’ (May 9, 2016). 6 Cross-owned affiliates are: Canadian Solar Manufacturing (Luoyang) Inc.; CSI Cells Co., Ltd.; CSI Solar Power (China) Inc.; CSI Solartronics (Changshu) Co., Ltd.; CSI Solar Technologies Inc.; and CSI Solar Manufacture Inc. See Preliminary Decision Memorandum. 7 Cross-owned affiliates are: Trina Solar (Changzhou) Science & Technology Co., Ltd.; Yancheng Trina Solar Energy Technology Co., Ltd.; Changzhou Trina Solar Yabang Energy Co., Ltd.; Hubei Trina Solar Energy Co., Ltd.; Turpan Trina Solar Energy Co., Ltd.; and Changzhou Trina PV Ribbon Materials Co., Ltd. See Preliminary Decision Memorandum. E:\FR\FM\09JAN1.SGM 09JAN1 Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Notices the date of publication of these preliminary results.8 Interested parties may submit written comments (case briefs) at a date to be determined by the Department and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs.9 Rebuttal briefs must be limited to issues raised in the case briefs.10 Parties who submit case or rebuttal briefs are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.11 Interested parties who wish to request a hearing must do so within 30 days of publication of these preliminary results by submitting a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, using Enforcement and Compliance’s ACCESS system.12 Hearing requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, we will inform parties of the scheduled date for the hearing, which will be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined.13 Parties should confirm by telephone the date, time, and location of the hearing. Issues addressed at the hearing will be limited to those raised in the briefs.14 All briefs and hearing requests must be filed electronically and received successfully in their entirety through ACCESS by 5:00 p.m. Eastern Time by their respective deadlines. Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, the Department intends to issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, within 120 days after publication of these preliminary results. sradovich on DSK3GMQ082PROD with NOTICES Assessment Rates and Cash Deposit Requirement In accordance with 19 CFR 351.221(b)(4)(i), we assigned a subsidy rate for each producer/exporter subject to this administrative review. Upon issuance of the final results, the Department shall determine, and U.S. 8 See 19 CFR 351.224(b). 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l). Interested parties will be notified through ACCESS regarding the deadline for submitting case briefs. 10 See 19 CFR 351.309(d)(2). 11 See 19 CFR 351.309(c)(2) and (d)(2). 12 See 19 CFR 351.310(c). 13 See 19 CFR 351.310. 14 See 19 CFR 351.310(c). 9 See VerDate Sep<11>2014 21:14 Jan 06, 2017 Jkt 241001 Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. We intend to issue instructions to CBP 15 days after publication of the final results of review. Pursuant to section 751(a)(2)(C) of the Act, the Department also intends to instruct CBP to collect cash deposits of estimated countervailing duties, in the amounts shown above for each of the respective companies shown above, on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits at the most-recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice. These preliminary results of review are issued and published in accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 351.213 and 351.221(b)(4). Dated: December 29, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Intent To Partially Rescind Review IV. Non-Selected Companies Under Review V. Scope of the Order VI. Application of the Countervailing Duty Law to Imports From the PRC VII. Diversification of the PRC’s Economy VIII. Subsidies Valuation IX. Interest Rate Benchmarks, Discount Rates, Input, Electricity, and Land Benchmarks X. Use of Facts Otherwise Available and Application of Adverse Inferences XI. Analysis of Programs XII. Verification XIII. Disclosure and Public Comment XIV. Conclusion Appendix I Non-Selected Companies Under Review 1. BYD (Shangluo) Industrial Co., Ltd. 2. Chint Solar (Zhejiang) Co., Ltd. 3. ET Solar Energy Limited 4. ET Solar Industry Limited 5. Hangzhou Sunny Energy Science and Technology Co., Ltd. 6. Jiawei Solarchina Co., Ltd. 7. Jiawei Solarchina (Shenzhen) Co., Ltd. 8. Lightway Green New Energy Co., Ltd. 9. Luoyang Suntech Power Co., Ltd. 10. Ningbo Qixin Solar Electrical Appliance Co., Ltd. 11. Shanghai BYD Co., Ltd. 12. Shenzhen Topray Solar Co. Ltd. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 2319 13. Systemes Versilis, Inc. 14. Taizhou BD Trade Co., Ltd. 15. tenKsolar (Shanghai) Co., Ltd. 16. Toenergy Technology 17. Wuxi Suntech Power Co., Ltd. [FR Doc. 2017–00138 Filed 1–6–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–971] Multilayered Wood Flooring From the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review, Rescission of Review, in Part, and Intent To Rescind the Review in Part; 2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The Department of Commerce (Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of multilayered wood flooring (wood flooring) from the People’s Republic of China (PRC). The period of review (POR) is January 1, 2014, through December 31, 2014. SUMMARY: DATES: Effective January 9, 2017. FOR FURTHER INFORMATION CONTACT: Dennis McClure or Sergio Balbontin, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: 202–482–5973 or 202–482–6478, respectively. Scope of the Order The product covered by the Order is wood flooring from the PRC. For a complete description of the scope of this administrative review, see the Preliminary Decision Memorandum.1 1 See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Decision Memorandum for the Preliminary Determination in the Countervailing Duty Administrative Review of Multilayered Wood Flooring from the People’s Republic of China: 2014,’’ (Preliminary Decision Memorandum) dated concurrently with, and hereby adopted by, this notice. E:\FR\FM\09JAN1.SGM 09JAN1

Agencies

[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Notices]
[Pages 2317-2319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00138]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-913]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Preliminary Results 
of the Countervailing Duty Administrative Review and Preliminary Intent 
To Rescind, in Part; 2014

AGENCY: 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 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 January 1, 2014, 
through December 31, 2014. Interested parties are invited to comment on 
these preliminary results.

DATES: Effective January 9, 2017.

FOR FURTHER INFORMATION CONTACT: Gene Calvert, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of

[[Page 2318]]

Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; 
telephone: (202) 482-3586.

SUPPLEMENTARY INFORMATION: 

Background

    On December 7, 2012, the Department issued a countervailing duty 
(CVD) order on solar cells from the PRC.\1\ Several interested parties 
requested that the Department conduct an administrative review of the 
countervailing duty order, and February 9, 2016, the Department 
published in the Federal Register a notice of initiation of an 
administrative review of the CVD Order for 45 producers/exporters for 
the POR.\2\
---------------------------------------------------------------------------

    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, From the People's Republic of China: 
Countervailing Duty Order, 77 FR 73017 (December 7, 2012) (CVD 
Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 6832 (February 9, 2016) (Initiation 
Notice).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the CVD 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. A full 
description of the scope of the order is contained in the Department 
memorandum, ``Decision Memorandum for the Preliminary 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; 2014,'' dated concurrently with this notice 
(Preliminary Decision Memorandum) and hereby adopted by this notice.

Methodology

    The Department is conducting this administrative 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 preliminarily find that there is a subsidy, (i.e., 
a financial contribution from an authority that gives rise to a benefit 
to the recipient) and that the subsidy is specific.\3\ In making this 
preliminary determination, the Department relied, in part, on facts 
otherwise available, with the application of adverse inferences.\4\ For 
further information, see ``Use of Facts Otherwise Available and 
Application of Adverse Inferences'' in the accompanying Preliminary 
Decision Memorandum. A list of topics discussed in the Preliminary 
Decision Memorandum is provided at Appendix I to this notice.
---------------------------------------------------------------------------

    \3\ 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(5A) of the Act regarding specificity.
    \4\ See section 776(a) of the Act.
---------------------------------------------------------------------------

    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov, and 
is available to all parties in the Central Records Unit, room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content.

Intent To Partially Rescind the Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. Jinko Solar Co., Ltd., 
JinkoSolar (U.S.) Inc., Jinko Solar Import and Export Co., Ltd., 
JinkoSolar International Limited, Zhejiang Jinko Solar Co., Ltd. 
(collectively, the Jinko Solar Companies); Yingli Green Energy Holding 
Company Limited (Yingli); ERA Solar Co. Limited (ERA Solar); Zhejiang 
Sunflower Light Energy Science & Technology Limited Liability Company 
(Zhejiang Sunflower); and JA Solar Technology Yangzhou Co., Ltd., 
Shanghai JA Solar Technology Co., Ltd., and JingAo Solar Co., Ltd. 
(collectively, the JA Solar Companies) timely withdrew their requests 
for review.\5\ No other party requested a review of any of these 
companies. Therefore, in accordance with 19 CFR 351.213(d)(1), the 
Department intends to rescind this review of the countervailing duty 
order on solar cells from the PRC with respect to these companies. A 
final decision regarding whether to rescind the review of these 
companies will be issued with the final results of review.
---------------------------------------------------------------------------

    \5\ See Letter to the Secretary from the Jinko Solar Companies, 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules, from the People's Republic of China: Jinko's 
Withdrawal of Request for Administrative Review,'' (March 14, 2016); 
Letter to the Secretary from Yingli, ``Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled Into Modules, from the 
People's Republic of China: Yingli's Withdrawal of Request for 
Administrative Review,'' (March 18, 2016); Letter to the Secretary 
from ERA Solar, ``Crystalline Silicon Photovoltaic Cells, Whether or 
Not Assembled into Modules From The People's Republic of China; ERA 
Solar Co., Limited's Withdrawal of Request for Review,'' (May 9, 
2016); Letter to the Secretary from Zhejiang Sunflower, 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules From The People's Republic of China; Zhejiang Sunflower 
Light Energy Science & Technology Limited Liability Company's 
Withdrawal of Request for Review,'' (May 9, 2016); and Letter to the 
Secretary from the JA Solar Companies, ``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: Withdrawal of Request for Review,'' (May 9, 
2016).
---------------------------------------------------------------------------

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Canadian Solar Manufacturing (Changshu) and its Cross-             20.98
 Owned Affiliates \6\...................................
Changzhou Trina Solar Energy Co., Ltd. and its Cross-              12.48
 Owned Affiliates \7\...................................
Non-Selected Companies Under Review.....................           16.69
------------------------------------------------------------------------

Preliminary Rate for the Non-Selected Companies Under Review
---------------------------------------------------------------------------

    \6\ Cross-owned affiliates are: Canadian Solar Manufacturing 
(Luoyang) Inc.; CSI Cells Co., Ltd.; CSI Solar Power (China) Inc.; 
CSI Solartronics (Changshu) Co., Ltd.; CSI Solar Technologies Inc.; 
and CSI Solar Manufacture Inc. See Preliminary Decision Memorandum.
    \7\ Cross-owned affiliates are: Trina Solar (Changzhou) Science 
& Technology Co., Ltd.; Yancheng Trina Solar Energy Technology Co., 
Ltd.; Changzhou Trina Solar Yabang Energy Co., Ltd.; Hubei Trina 
Solar Energy Co., Ltd.; Turpan Trina Solar Energy Co., Ltd.; and 
Changzhou Trina PV Ribbon Materials Co., Ltd. See Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

    For the companies for which a review was requested that were not 
selected as mandatory company respondents, and for which we did not 
receive a timely request for withdrawal of review, and which we are not 
finding to be cross-owned with the mandatory company respondents, we 
are preliminarily basing the subsidy rate on the weighted-average of 
the subsidy rates calculated for Canadian Solar and Trina Solar. These 
rates were above de minimis and not based entirely on facts available. 
For a list of these non-selected companies, please see the Appendix to 
the Preliminary Decision Memorandum.

Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of

[[Page 2319]]

the date of publication of these preliminary results.\8\ Interested 
parties may submit written comments (case briefs) at a date to be 
determined by the Department and rebuttal comments (rebuttal briefs) 
within five days after the time limit for filing case briefs.\9\ 
Rebuttal briefs must be limited to issues raised in the case 
briefs.\10\ Parties who submit case or rebuttal briefs are requested to 
submit with the argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\11\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.224(b).
    \9\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l). Interested 
parties will be notified through ACCESS regarding the deadline for 
submitting case briefs.
    \10\ See 19 CFR 351.309(d)(2).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system.\12\ Hearing requests should contain the 
party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. If a request 
for a hearing is made, we will inform parties of the scheduled date for 
the hearing, which will be held at the U.S. Department of Commerce, 
14th Street and Constitution Avenue NW., Washington, DC 20230, at a 
time and location to be determined.\13\ Parties should confirm by 
telephone the date, time, and location of the hearing. Issues addressed 
at the hearing will be limited to those raised in the briefs.\14\ All 
briefs and hearing requests must be filed electronically and received 
successfully in their entirety through ACCESS by 5:00 p.m. Eastern Time 
by their respective deadlines.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.310(c).
    \13\ See 19 CFR 351.310.
    \14\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, the Department intends to issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their comments, within 120 days after 
publication of these preliminary results.

Assessment Rates and Cash Deposit Requirement

    In accordance with 19 CFR 351.221(b)(4)(i), we assigned a subsidy 
rate for each producer/exporter subject to this administrative review. 
Upon issuance of the final results, the Department shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, countervailing 
duties on all appropriate entries covered by this review. We intend to 
issue instructions to CBP 15 days after publication of the final 
results of review.
    Pursuant to section 751(a)(2)(C) of the Act, the Department also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties, in the amounts shown above for each of the 
respective companies shown above, on shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this review. For all non-
reviewed firms, we will instruct CBP to continue to collect cash 
deposits at the most-recent company-specific or all-others rate 
applicable to the company, as appropriate. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: December 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Intent To Partially Rescind Review
IV. Non-Selected Companies Under Review
V. Scope of the Order
VI. Application of the Countervailing Duty Law to Imports From the 
PRC
VII. Diversification of the PRC's Economy
VIII. Subsidies Valuation
IX. Interest Rate Benchmarks, Discount Rates, Input, Electricity, 
and Land Benchmarks
X. Use of Facts Otherwise Available and Application of Adverse 
Inferences
XI. Analysis of Programs
XII. Verification
XIII. Disclosure and Public Comment
XIV. Conclusion

Appendix I

Non-Selected Companies Under Review

1. BYD (Shangluo) Industrial Co., Ltd.
2. Chint Solar (Zhejiang) Co., Ltd.
3. ET Solar Energy Limited
4. ET Solar Industry Limited
5. Hangzhou Sunny Energy Science and Technology Co., Ltd.
6. Jiawei Solarchina Co., Ltd.
7. Jiawei Solarchina (Shenzhen) Co., Ltd.
8. Lightway Green New Energy Co., Ltd.
9. Luoyang Suntech Power Co., Ltd.
10. Ningbo Qixin Solar Electrical Appliance Co., Ltd.
11. Shanghai BYD Co., Ltd.
12. Shenzhen Topray Solar Co. Ltd.
13. Systemes Versilis, Inc.
14. Taizhou BD Trade Co., Ltd.
15. tenKsolar (Shanghai) Co., Ltd.
16. Toenergy Technology
17. Wuxi Suntech Power Co., Ltd.

[FR Doc. 2017-00138 Filed 1-6-17; 8:45 am]
 BILLING CODE 3510-DS-P