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]
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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
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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
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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:
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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.
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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 https://access.trade.gov, and is
available to all parties in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly at https://
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
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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
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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
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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
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]]>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 https://access.trade.gov, and
is available to all parties in the Central Records Unit, room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://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.
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\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).
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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
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\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.
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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\
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\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).
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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.
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\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310.
\14\ See 19 CFR 351.310(c).
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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
