Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Preliminary Intent To Rescind, in Part; 2014-2015, 12562-12564 [2017-04267]
Download as PDF
<![CDATA[
12562
Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version of the Issues and
Decision Memorandum are identical in
content.
Final Results of Review
Pursuant to sections 751(c) and
752(c)(1) and (3) of the Act, we
determine that revocation of the
antidumping duty order on cement and
clinker from Japan would be likely to
lead to continuation or recurrence of
dumping at weighted-average dumping
margins up to 69.89 percent.
Administrative Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of the return of
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
This sunset review and notice are in
accordance with sections 751(c), 752(c),
and 777(i)(1) of the Act.
Dated: February 27, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–04262 Filed 3–3–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–011]
Certain Crystalline Silicon Photovoltaic
Products From the People’s Republic
of China: Preliminary Results of
Countervailing Duty Administrative
Review and Preliminary Intent To
Rescind, in Part; 2014–2015
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 products (solar
products), from the People’s Republic of
China (PRC). The period of review
(POR) is June 10, 2014, through
asabaliauskas on DSK3SPTVN1PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
19:24 Mar 03, 2017
Jkt 241001
December 31, 2015. Interested parties
are invited to comment on these
preliminary results.
DATES: Effective March 6, 2017.
FOR FURTHER INFORMATION CONTACT:
Joseph Traw, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–6079.
SUPPLEMENTARY INFORMATION:
Background
On February 18, 2015, the Department
issued a countervailing duty (CVD)
order on solar products from the PRC.1
Several interested parties requested that
the Department conduct an
administrative review of the
countervailing duty order, and on April
7, 2016, the Department published in
the Federal Register a notice of
initiation of an administrative review of
the CVD Order for 31 producers/
exporters for the POR.2
Scope of the Order
The products covered by the order are
certain crystalline silicon photovoltaic
products from the PRC. A full
description of the scope of the order is
contained in the Preliminary Decision
Memorandum.3
Methodology
The Department is conducting this
CVD 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 by an ‘‘authority’’ that
confers a benefit to the recipient, and
that the subsidy is specific.4 For a full
description of the methodology
underlying our preliminary conclusions,
including our reliance, in part, on
adverse facts available pursuant to
1 See Certain Crystalline Silicon Photovoltaic
Products from the People’s Republic of China:
Antidumping Duty Order; and Amended Final
Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 80 FR 8592 (February
18, 2015) (CVD Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
20324 (April 7, 2016) (Initiation Notice).
3 See ‘‘Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative
Review of Certain Crystalline Silicon Photovoltaic
Products from the People’s Republic of China;
2014,’’ dated concurrently with this notice
(Preliminary Decision Memorandum) and hereby
adopted by this notice.
4 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.
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
sections 776(a) and (b) of the Act, see
the Preliminary Decision
Memorandum.5 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 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Intent To Partially Rescind the
Administrative Review, and Partial
Rescission of Administrative Review
For an administrative review to be
conducted, there must be a reviewable,
suspended entry to be liquidated at the
newly calculated assessment rate.6
Thus, it is the Department’s practice to
rescind an administrative review when
there are no reviewable entries of
subject merchandise during the POR for
which liquidation is suspended.7 We
preliminarily find that BYD (Shangluo)
Industrial Co., Ltd. had no reviewable
entries subject to the CVD Order and,
consistent with our practice, the
Department intends to rescind its
review of BYD, consistent with 19 CFR
351.213(d)(3). We invite parties to
comment on this preliminary intent to
rescind and will consider any comments
received for the final results.
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. Yingli Energy
5 A list of topics discussed in the Preliminary
Decision Memorandum can be found as an
appendix to this notice.
6 See section 751(a)(2)(A) of the Act (stating that
an administrative review determines the normal
value, export price or constructed export price, and
dumping margin of an ‘‘entry’’); 19 CFR
351.212(b)(1) (At the end of the administrative
review, the suspended entries are liquidated at the
assessment rate computed for the review period).
7 See, e.g., Certain Tissue Paper Products from the
People’s Republic of China: Preliminary Results and
Partial Rescission of Antidumping Duty
Administrative Review, 73 FR 18497, 18499–18500
(April 4, 2008) (unchanged in final); Solid Fertilizer
Grade Ammonium Nitrate from the Russian
Federation: Rescission of Antidumping Duty
Administrative Review, 77 FR 65532 (October 29,
2012), and accompanying IDM at Issue 2.
E:\FR\FM\06MRN1.SGM
06MRN1
Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices
(China) Co., Ltd., Baoding Tianwei
Yingli New Energy Resources Co., Ltd.,
Baoding Jiasheng Photovoltaic
Technology Co. Ltd.;, Beijing Tianneng
Yingli New Energy Resources Co. Ltd.,
Hainan Yingli New Energy Resources
Co., Ltd., Hengshui Yingli New Energy
Resources Co., Ltd., Lixian Yingli New
Energy Resources Co., Ltd., Tianjin
Yingli New Energy Resources Co., Ltd.,
Shenzhen Yingli New Energy Resources
Co., Ltd., and Yingli Green Energy
International Trading Company Limited;
Canadian Solar Inc., Canadian Solar
International, Ltd., Canadian Solar
Manufacturing (Changshu), Inc.,
Canadian Solar Manufacturing
(Luoyang), Inc., and Canadian Solar
(USA) Inc.; Jinko Solar Co., Ltd.,
JinkoSolar (U.S.) Inc., Jinko Solar Import
and Export Co., Ltd., and Zhejiang Jinko
Solar Co., Ltd.; Shanghai BYD Co., Ltd.;
Shenzhen Jiawei Photovoltaic Lighting
Co., Ltd.; and Wuxi Suntech Power Co.,
Ltd. timely withdrew their requests for
review.8 No other party requested a
review of these producers/exporters.
Therefore, in accordance with 19 CFR
351.213(d)(1), the Department is
rescinding this review of the CVD order
on solar products from the PRC with
respect to these companies.
Preliminary Results of Review
As a result of this review, we
preliminarily determine the
countervailable subsidy rates to be:
Subsidy
rate
(percent)
Company
Changzhou Trina Solar Energy
Co., Ltd. and its cross-owned
affiliates 9 .................................
Non-Selected Companies under
Review 10 .................................
13.93
13.93
asabaliauskas on DSK3SPTVN1PROD with NOTICES
8 See
Letter to the Secretary from Yingli, ‘‘Certain
Crystalline Silicon Photovoltaic Products from the
People’s Republic of China: Yingli’s Withdrawal of
Request for Administrative Review,’’ (March 30,
2016); Letter to the Secretary from Canadian Solar,
‘‘Certain Crystalline Silicon Photovoltaic Products
from the People’s Republic of China: Canadian
Solar’s Withdrawal of Request for Administrative
Review,’’ (April 22, 2016); Letter to the Secretary
from Jinko, ‘‘Certain Crystalline Silicon
Photovoltaic Products from the People’s Republic of
China: Jinko’s Withdrawal of Request for
Administrative Review,’’ (April 27, 2016); Letter to
the Secretary from Shanghai BYD, ‘‘Certain
Crystalline Silicon Photovoltaic Products, from the
People’s Republic of China: Withdrawal of Request
for Review for Shanghai BYD Co., Ltd.,’’ (May 31,
2016); Letter to the Secretary from Dorfman Pacific
Co., Ltd., ‘‘Certain Crystalline Silicon Photovoltaic
Products from the People’s Republic of China:
Dorfman Pacific Co., Ltd.’s Withdrawal of Request
for Administrative Review,’’ (July 1, 2016); and
Letter to the Secretary from Suntech, ‘‘Certain
Crystalline Silicon Photovoltaic Products from the
People’s Republic of China: Withdrawal of Request
for Administrative Review—Wuxi Suntech Power
Co., Ltd.,’’ (July 5, 2016).
VerDate Sep<11>2014
19:24 Mar 03, 2017
Jkt 241001
Preliminary Rate for the Non-Selected
Companies Under Review
The statute and the Department’s
regulations do not directly address the
establishment of rates to be applied to
companies not selected for individual
examination where the Department
limits its examination in an
administrative review pursuant to
section 777A(e)(2) of the Act. However,
the Department normally determines the
rates for non-selected companies in
reviews in a manner that is consistent
with section 705(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in an investigation.
Section 705(c)(5)(A)(i) of the Act
instructs the Department as a general
rule to calculate an all others rate using
the weighted average of the subsidy
rates established for the producers/
exporters individually examined,
excluding any zero, de minimis, or rates
based entirely on facts available. In this
review, the preliminary subsidy rate
calculated for Changzhou Trina Solar
Energy Co., Ltd. and its cross-owned
affiliates (Trina Solar) is above de
minimis and is not based entirely on
facts available. Therefore, 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 subsidy
rate calculated for Trina Solar. For a list
of these non-selected companies, please
see the Appendix II to this notice.
Disclosure and Public Comment
The Department intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of publication of this notice in the
Federal Register.11 Interested parties
may submit case and rebuttal briefs, as
well as request a hearing.12 Interested
parties may submit written comments
(case briefs) within 30 days of
publication of the preliminary results
and rebuttal comments (rebuttal briefs)
within five days after the time limit for
9 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.
10 See Appendix II to this notice.
11 See 19 CFR 351.224(b).
12 See 19 CFR 351.309(c)–(d), 19 CFR 351.310(c).
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
12563
filing case briefs.13 Rebuttal briefs must
be limited to issues raised in the case
briefs.14 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.15
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.16
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.17 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.18 All briefs
and hearing requests must be filed
electronically and received successfully
in their entirety through ACCESS by
5:00 p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, we intend 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 issuance of these
preliminary results.
Assessment Rates and Cash Deposit
Requirement
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts
shown above for the producer/exporters
shown above. Upon issuance of the final
results, the Department shall determine,
and U.S. Customs and Border Protection
(CBP) shall assess, CVDs 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 CVDs, in the amounts shown
13 See
19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
19 CFR 351.309(d)(2).
15 See 19 CFR 351.309(c)(2) and (d)(2).
16 See 19 CFR 351.310(c).
17 See 19 CFR 351.310.
18 See 19 CFR 351.310(c).
14 See
E:\FR\FM\06MRN1.SGM
06MRN1
12564
Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices
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 are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
Dated: February 28, 2017.
Ronald K. Lorentzen,
Acting 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. Subsidy Valuation
IX. Interest Rate Benchmarks, Discount Rates,
Input, Electricity, and Land Benchmarks
X. Use of Facts Otherwise Available and
Adverse Inferences
XI. Analysis of Programs
XII. Verification
XIII. Disclosure and Public Comment
XIV. Conclusion
Appendix II—Non-Selected Companies
Under Review
1. Chint Solar (Zhejiang) Co., Ltd.
2. Hefei JA Solar Technology Co., Ltd.
3. Perlight Solar Co., Ltd.
4. Risen Energy Co., Ltd.
5. Shanghai JA Solar Technology Co., Ltd.
6. Shenzhen Sungold Solar Co., Ltd.
7. Sunny Apex Development Limited
Background
On February 19, 1999, the Department
published in the Federal Register the
antidumping duty order on certain
preserved mushrooms from the PRC.1
On February 3, 2016, the Department
published in the Federal Register an
opportunity to request an administrative
review of the Order.2 On April 7, 2016,
the Department published in the
Federal Register a notice of initiation of
this review, covering 103 separatelynamed companies.3 On June 17, 2016,
[FR Doc. 2017–04267 Filed 3–3–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
asabaliauskas on DSK3SPTVN1PROD with NOTICES
[A–570–851]
Certain Preserved Mushrooms From
the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review and
Preliminary Determination of No
Shipments; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
VerDate Sep<11>2014
19:24 Mar 03, 2017
Jkt 241001
The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on certain
preserved mushrooms from the People’s
Republic of China (the PRC). The period
of review (POR) is February 1, 2015,
through January 31, 2016. The
Department preliminarily determines
that, during the POR, one mandatory
respondent, Dezhou Kaihang
Agricultural Science Technology Co.
Ltd. (Dezhou Kaihang) did not sell
subject merchandise below normal
value (NV). We also preliminarily
determine that the other mandatory
respondent, Linyi City Kangfa Foodstuff
Drinkable Co., Ltd. (Kangfa) has not
demonstrated its eligibility for a
separate rate and is, therefore, part of
the PRC-wide entity. We preliminarily
determine that the following companies
had no reviewable shipments during the
POR: (1) Zhangzhou Hongda Import &
Export Trading Co., Ltd. (Hongda); and
(2) Zhangzhou Gangchang Canned
Foods Co., Ltd., Fujian and Zhangzhou
Gangchang Canned Foods Co., Ltd.
(collectively, Gangchang). Finally, we
preliminarily find that the remaining 98
companies under review did not
demonstrate their eligibility for a
separate rate and are part of the PRCwide entity. Interested parties are
invited to comment on these
preliminary results.
DATES: Effective March 6, 2017.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–4475.
SUMMARY:
1 See Notice of Amendment of Final
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain Preserved
Mushrooms from the People’s Republic of China, 64
FR 8308 (February 19, 1999) (the Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 81 FR 5712
(February 3, 2016).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
20324 (April 7, 2016) (Initiation Notice).
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
the Department selected Dezhou
Kaihang and Kangfa as mandatory
respondents and issued antidumping
questionnaires to these companies.4
Dezhou Kaihang timely submitted
questionnaire responses, but Kangfa did
not respond to the Department’s request
for information.
Scope of the Order
The products covered by this order
are certain preserved mushrooms. The
merchandise subject to this order is
classifiable under subheadings:
2003.10.0127, 2003.10.0131,
2003.10.0137, 2003.10.0143,
2003.10.0147, 2003.10.0153, and
0711.51.0000 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Although the HTSUS subheadings are
provided for convenience and Customs
purposes, the written description of the
scope of this order is dispositive.5
Preliminary Determination of No
Shipments
Two companies that received a
separate rate in previous segments of the
proceeding and are subject to this
review, Hongda and Gangchang,6
certified that they did not have any
exports of subject merchandise during
the POR.7 We requested that U.S.
4 See Memorandum entitled, ‘‘Administrative
Review of the Antidumping Duty Order on Certain
Preserved Mushrooms from the People’s Republic
of China,’’ dated June 17, 2016.
5 For a complete description of the scope of the
order, see Memorandum from James Maeder, Senior
Director, Office I, for Antidumping and
Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ‘‘Certain Preserved
Mushrooms from the People’s Republic of China:
Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review; 2015–
2016,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
6 In the company certification of no shipments,
the names ‘‘Zhangzhou Gangchang Canned Foods
Co., Ltd., Fujian’’ and ‘‘Zhangzhou Gangchang
Canned Foods Co., Ltd.’’ are used interchangeably.
When a similar issue arose during an earlier new
shipper review, counsel clarified that the correct
name of the company is ‘‘Zhangzhou Gangchang
Canned Foods Co., Ltd., Fujian.’’ See Certain
Preserved Mushrooms from the People’s Republic of
China: Preliminary Results of Antidumping Duty
New Shipper Reviews 74 FR 14772 (April 1, 2009)
unchanged at Certain Preserved Mushrooms from
the People’s Republic of China: Final Results of
Antidumping Duty New Shipper Reviews 74 FR
28882 (June 18, 2009). Nonetheless, in a subsequent
administrative review, we identified the company
as ‘‘Zhangzhou Gangchang Canned Foods Co., Ltd.’’
See Certain Preserved Mushrooms from the People’s
Republic of China; Final Results of Administrative
Review, 80 FR 32355 (June 8, 2015). In light of this
interchangeable treatment, to avoid any confusion,
we are including both name variations in our
preliminary finding of no shipments.
7 See Letters from Zhangzhou Gangchang Canned
Foods Co., Ltd., and Zhangzhou Hongda Import &
Export Trading Co., Ltd., dated May 6, 2016. One
additional company, Zhejiang Jinhua Jinli
E:\FR\FM\06MRN1.SGM
06MRN1
]]>Agencies
[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12562-12564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04267]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-011]
Certain Crystalline Silicon Photovoltaic Products From the
People's Republic of China: Preliminary Results of Countervailing Duty
Administrative Review and Preliminary Intent To Rescind, in Part; 2014-
2015
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 products
(solar products), from the People's Republic of China (PRC). The period
of review (POR) is June 10, 2014, through December 31, 2015. Interested
parties are invited to comment on these preliminary results.
DATES: Effective March 6, 2017.
FOR FURTHER INFORMATION CONTACT: Joseph Traw, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482-6079.
SUPPLEMENTARY INFORMATION:
Background
On February 18, 2015, the Department issued a countervailing duty
(CVD) order on solar products from the PRC.\1\ Several interested
parties requested that the Department conduct an administrative review
of the countervailing duty order, and on April 7, 2016, the Department
published in the Federal Register a notice of initiation of an
administrative review of the CVD Order for 31 producers/exporters for
the POR.\2\
---------------------------------------------------------------------------
\1\ See Certain Crystalline Silicon Photovoltaic Products from
the People's Republic of China: Antidumping Duty Order; and Amended
Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 80 FR 8592 (February 18, 2015) (CVD
Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 20324 (April 7, 2016) (Initiation
Notice).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are certain crystalline silicon
photovoltaic products from the PRC. A full description of the scope of
the order is contained in the Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------
\3\ See ``Decision Memorandum for the Preliminary Results of the
Countervailing Duty Administrative Review of Certain Crystalline
Silicon Photovoltaic Products 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 CVD 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 by an
``authority'' that confers a benefit to the recipient, and that the
subsidy is specific.\4\ For a full description of the methodology
underlying our preliminary conclusions, including our reliance, in
part, on adverse facts available pursuant to sections 776(a) and (b) of
the Act, see the Preliminary Decision Memorandum.\5\ 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 7046 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
Internet at https://enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and the electronic versions of the
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\4\ 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.
\5\ A list of topics discussed in the Preliminary Decision
Memorandum can be found as an appendix to this notice.
---------------------------------------------------------------------------
Intent To Partially Rescind the Administrative Review, and Partial
Rescission of Administrative Review
For an administrative review to be conducted, there must be a
reviewable, suspended entry to be liquidated at the newly calculated
assessment rate.\6\ Thus, it is the Department's practice to rescind an
administrative review when there are no reviewable entries of subject
merchandise during the POR for which liquidation is suspended.\7\ We
preliminarily find that BYD (Shangluo) Industrial Co., Ltd. had no
reviewable entries subject to the CVD Order and, consistent with our
practice, the Department intends to rescind its review of BYD,
consistent with 19 CFR 351.213(d)(3). We invite parties to comment on
this preliminary intent to rescind and will consider any comments
received for the final results.
---------------------------------------------------------------------------
\6\ See section 751(a)(2)(A) of the Act (stating that an
administrative review determines the normal value, export price or
constructed export price, and dumping margin of an ``entry''); 19
CFR 351.212(b)(1) (At the end of the administrative review, the
suspended entries are liquidated at the assessment rate computed for
the review period).
\7\ See, e.g., Certain Tissue Paper Products from the People's
Republic of China: Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review, 73 FR 18497, 18499-18500
(April 4, 2008) (unchanged in final); Solid Fertilizer Grade
Ammonium Nitrate from the Russian Federation: Rescission of
Antidumping Duty Administrative Review, 77 FR 65532 (October 29,
2012), and accompanying IDM at Issue 2.
---------------------------------------------------------------------------
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. Yingli Energy
[[Page 12563]]
(China) Co., Ltd., Baoding Tianwei Yingli New Energy Resources Co.,
Ltd., Baoding Jiasheng Photovoltaic Technology Co. Ltd.;, Beijing
Tianneng Yingli New Energy Resources Co. Ltd., Hainan Yingli New Energy
Resources Co., Ltd., Hengshui Yingli New Energy Resources Co., Ltd.,
Lixian Yingli New Energy Resources Co., Ltd., Tianjin Yingli New Energy
Resources Co., Ltd., Shenzhen Yingli New Energy Resources Co., Ltd.,
and Yingli Green Energy International Trading Company Limited; Canadian
Solar Inc., Canadian Solar International, Ltd., Canadian Solar
Manufacturing (Changshu), Inc., Canadian Solar Manufacturing (Luoyang),
Inc., and Canadian Solar (USA) Inc.; Jinko Solar Co., Ltd., JinkoSolar
(U.S.) Inc., Jinko Solar Import and Export Co., Ltd., and Zhejiang
Jinko Solar Co., Ltd.; Shanghai BYD Co., Ltd.; Shenzhen Jiawei
Photovoltaic Lighting Co., Ltd.; and Wuxi Suntech Power Co., Ltd.
timely withdrew their requests for review.\8\ No other party requested
a review of these producers/exporters. Therefore, in accordance with 19
CFR 351.213(d)(1), the Department is rescinding this review of the CVD
order on solar products from the PRC with respect to these companies.
---------------------------------------------------------------------------
\8\ See Letter to the Secretary from Yingli, ``Certain
Crystalline Silicon Photovoltaic Products from the People's Republic
of China: Yingli's Withdrawal of Request for Administrative
Review,'' (March 30, 2016); Letter to the Secretary from Canadian
Solar, ``Certain Crystalline Silicon Photovoltaic Products from the
People's Republic of China: Canadian Solar's Withdrawal of Request
for Administrative Review,'' (April 22, 2016); Letter to the
Secretary from Jinko, ``Certain Crystalline Silicon Photovoltaic
Products from the People's Republic of China: Jinko's Withdrawal of
Request for Administrative Review,'' (April 27, 2016); Letter to the
Secretary from Shanghai BYD, ``Certain Crystalline Silicon
Photovoltaic Products, from the People's Republic of China:
Withdrawal of Request for Review for Shanghai BYD Co., Ltd.,'' (May
31, 2016); Letter to the Secretary from Dorfman Pacific Co., Ltd.,
``Certain Crystalline Silicon Photovoltaic Products from the
People's Republic of China: Dorfman Pacific Co., Ltd.'s Withdrawal
of Request for Administrative Review,'' (July 1, 2016); and Letter
to the Secretary from Suntech, ``Certain Crystalline Silicon
Photovoltaic Products from the People's Republic of China:
Withdrawal of Request for Administrative Review--Wuxi Suntech Power
Co., Ltd.,'' (July 5, 2016).
---------------------------------------------------------------------------
Preliminary Results of Review
As a result of this review, we preliminarily determine the
countervailable subsidy rates to be:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Changzhou Trina Solar Energy Co., Ltd. and its cross-owned 13.93
affiliates \9\.............................................
Non-Selected Companies under Review \10\.................... 13.93
------------------------------------------------------------------------
Preliminary Rate for the Non-Selected Companies Under Review
The statute and the Department's regulations do not directly
address the establishment of rates to be applied to companies not
selected for individual examination where the Department limits its
examination in an administrative review pursuant to section 777A(e)(2)
of the Act. However, the Department normally determines the rates for
non-selected companies in reviews in a manner that is consistent with
section 705(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation.
---------------------------------------------------------------------------
\9\ 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.
\10\ See Appendix II to this notice.
---------------------------------------------------------------------------
Section 705(c)(5)(A)(i) of the Act instructs the Department as a
general rule to calculate an all others rate using the weighted average
of the subsidy rates established for the producers/exporters
individually examined, excluding any zero, de minimis, or rates based
entirely on facts available. In this review, the preliminary subsidy
rate calculated for Changzhou Trina Solar Energy Co., Ltd. and its
cross-owned affiliates (Trina Solar) is above de minimis and is not
based entirely on facts available. Therefore, 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 subsidy rate calculated for Trina Solar.
For a list of these non-selected companies, please see the Appendix II
to this notice.
Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with this preliminary
determination within five days of publication of this notice in the
Federal Register.\11\ Interested parties may submit case and rebuttal
briefs, as well as request a hearing.\12\ Interested parties may submit
written comments (case briefs) within 30 days of publication of the
preliminary results and rebuttal comments (rebuttal briefs) within five
days after the time limit for filing case briefs.\13\ Rebuttal briefs
must be limited to issues raised in the case briefs.\14\ 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.\15\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.224(b).
\12\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
\13\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
\14\ See 19 CFR 351.309(d)(2).
\15\ 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.\16\ 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.\17\ 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.\18\ All briefs and hearing
requests must be filed electronically and received successfully in
their entirety through ACCESS by 5:00 p.m. Eastern Time on the due
date.
---------------------------------------------------------------------------
\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310.
\18\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, we intend 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 issuance of these
preliminary results.
Assessment Rates and Cash Deposit Requirement
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producer/
exporters shown above. Upon issuance of the final results, the
Department shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, CVDs 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 CVDs, in
the amounts shown
[[Page 12564]]
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 are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: February 28, 2017.
Ronald K. Lorentzen,
Acting 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. Subsidy Valuation
IX. Interest Rate Benchmarks, Discount Rates, Input, Electricity,
and Land Benchmarks
X. Use of Facts Otherwise Available and Adverse Inferences
XI. Analysis of Programs
XII. Verification
XIII. Disclosure and Public Comment
XIV. Conclusion
Appendix II--Non-Selected Companies Under Review
1. Chint Solar (Zhejiang) Co., Ltd.
2. Hefei JA Solar Technology Co., Ltd.
3. Perlight Solar Co., Ltd.
4. Risen Energy Co., Ltd.
5. Shanghai JA Solar Technology Co., Ltd.
6. Shenzhen Sungold Solar Co., Ltd.
7. Sunny Apex Development Limited
[FR Doc. 2017-04267 Filed 3-3-17; 8:45 am]
BILLING CODE 3510-DS-P
