Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2014-2016, 12793-12796 [2017-04420]
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Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices
adjusted cash deposit rate may be found
in the Preliminary Determination
section above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation, the
Department will direct CBP to begin
collecting estimated antidumping duty
cash deposits unadjusted for
countervailed export subsidies at the
time that the provisional CVD measures
expire.
These suspension of liquidation
instructions will remain in effect until
further notice.
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, the
Department intends to hold the hearing
at the U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230, at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Disclosure
The Department intends to disclose
its calculations and analysis performed
to interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Section 735(a)(1) of the Act and 19
CFR 351.210(b)(1) provide that the
Department will issue the final
determination within 75 days after the
date of its preliminary determination.
Accordingly, the Department will make
its final determination no later than 75
days after the signature date of this
preliminary determination.
Verification
As provided in section 782(i)(1) of the
Act, the Department intends to verify
the information relied upon in making
its preliminary determination.
International Trade Commission
Notification
sradovich on DSK3GMQ082PROD with NOTICES
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.7
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
Determination Margin Calculation for Icdas Celik
Enerji Tersane ve Ulasim Sanayi A.S.,’’ dated
concurrently with this Notice; See also
Memorandum to the File, ‘‘Antidumping Duty
Investigation of Steel Concrete Reinforcing Bar
From the Republic of Turkey: Preliminary
Determination Calculation for the ‘All Others’
Rate,’’ dated concurrently with this Notice.
7 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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Final Determination
In accordance with section 733(f) of
the Act, the Department will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: February 28, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Scope of the Investigation
The merchandise subject to this
investigation is steel concrete reinforcing bar
imported in either straight length or coil form
(rebar) regardless of metallurgy, length,
diameter, or grade or lack thereof. Subject
merchandise includes deformed steel wire
with bar markings (e.g., mill mark, size, or
grade) and which has been subjected to an
elongation test.
The subject merchandise includes rebar
that has been further processed in the subject
country or a third country, including but not
limited to cutting, grinding, galvanizing,
painting, coating, or any other processing
that would not otherwise remove the
merchandise from the scope of the
Frm 00012
investigation if performed in the country of
manufacture of the rebar.
Specifically excluded are plain rounds
(i.e., nondeformed or smooth rebar). Also
excluded from the scope is deformed steel
wire meeting ASTM A1064/A1064M with no
bar markings (e.g., mill mark, size, or grade)
and without being subject to an elongation
test.
The subject merchandise is classifiable in
the Harmonized Tariff Schedule of the
United States (HTSUS) primarily under item
numbers 7213.10.0000, 7214.20.0000, and
7228.30.8010. The subject merchandise may
also enter under other HTSUS numbers
including 7215.90.1000, 7215.90.5000,
7221.00.0017, 7221.00.0018, 7221.00.0030,
7221.00.0045, 7222.11.0001, 7222.11.0057,
7222.11.0059, 7222.30.0001, 7227.20.0080,
7227.90.6030, 7227.90.6035, 7227.90.6040,
7228.20.1000, and 7228.60.6000.
HTSUS numbers are provided for
convenience and customs purposes;
however, the written description of the scope
remains dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Discussion of the Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Export Price and Constructed Export
Price
IX. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison
Market Price
X. Adjustment to Cash Deposit Rate for
Export Subsidies
XI. Currency Conversion
XII. Conclusion
[FR Doc. 2017–04416 Filed 3–6–17; 8:45 am]
BILLING CODE 3510–DS–P
Appendix I
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–010]
Certain Crystalline Silicon Photovoltaic
Products From the People’s Republic
of China: Preliminary Results of
Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2014–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices
The Department of Commerce
(‘‘the Department’’) is conducting an
administrative review of the
antidumping duty order on crystalline
silicon photovoltaic products (‘‘solar
products’’) from the People’s Republic
of China (‘‘PRC’’). The period of review
(‘‘POR’’) is July 31, 2014 through
January 31, 2016. The administrative
review covers one mandatory
respondent, Changzhou Trina Solar
Energy Co., Ltd./Trina Solar
(Changzhou) Science & Technology Co.,
Ltd. (‘‘Trina’’), which we have
preliminarily determined to treat as a
single entity with the additional
affiliated companies identified below.
The Department preliminarily finds that
Trina sold subject merchandise in the
United States at prices below normal
value (‘‘NV’’) during the POR. Interested
parties are invited to comment on these
preliminary results.
DATES: Effective March 7, 2017.
FOR FURTHER INFORMATION CONTACT: Jeff
Pedersen, AD/CVD Operations, Office
IV, Enforcement & Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–2769.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Scope of the Order
The merchandise covered by the order
is modules, laminates and/or panels
consisting of crystalline silicon
photovoltaic cells, whether or not
partially or fully assembled into other
products, including building integrated
materials.1 Merchandise covered by the
order is currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) under
subheadings 8501.61.0000,
8507.20.8030, 8507.20.8040,
8507.20.8060, 8507.20.8090,
8541.40.6020, 8541.40.6030 and
8501.31.8000. These HTSUS
subheadings are provided for
convenience and customs purposes; the
written description of the scope of this
investigation is dispositive.
Preliminary Determination of No
Shipments
Based on an analysis of U.S. Customs
and Border Protection (‘‘CBP’’)
sradovich on DSK3GMQ082PROD with NOTICES
1 For
a complete description of the scope of the
order, see ‘‘Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative
Review: Certain Crystalline Silicon Photovoltaic
Products from the People’s Republic of China;
2014–2016’’ from James Maeder, Senior Director,
Office I for Antidumping and Countervailing
Operations, to Ronald K. Lorentzen, Deputy
Assistant Secretary for Enforcement and
Compliance, issued concurrently with and hereby
adopted by this notice (‘‘Preliminary Decision
Memorandum’’).
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information, and comments provided by
Shanghai JA Solar Technology Co., Ltd.
(‘‘JA Solar’’), the Department
preliminarily determines that JA Solar
had no shipments during the POR. For
additional information regarding this
determination, see the Preliminary
Decision Memorandum.
Consistent with an announced
refinement to its assessment practice in
non-market economy (‘‘NME’’) cases,
the Department is not rescinding this
review, in part, but intends to complete
the review with respect to the
companies for which it has
preliminarily found no shipments and
issue appropriate instructions to CBP
based on the final results of the review.2
Preliminary Affiliation and Single
Entity Determination
Based on record evidence, the
Department preliminarily finds that the
mandatory respondent Changzhou Trina
Solar Energy Co., Ltd./Trina Solar
(Changzhou) Science & Technology Co.,
Ltd. is affiliated with the following four
companies pursuant to section
771(33)(F) of the Act: (1) Yancheng
Trina Solar Energy Technology Co.,
Ltd.; (2) Changzhou Trina Solar Yabang
Energy Co., Ltd.; (3) Turpan Trina Solar
Energy Co., Ltd.; and (4) Hubei Trina
Solar Energy Co., Ltd. In addition, based
on the information presented in this
review, we preliminarily find that these
six companies should be treated as a
single entity pursuant to 19 CFR
351.401(f). For additional information,
see the Preliminary Decision
Memorandum and Trina Collapsing
Memorandum.3
Use of Partial Facts Available (‘‘FA’’)
Section 776(a) of the Act provides that
the Department shall apply FA if (1)
necessary information is not on the
record, or (2) an interested party or any
other person (A) withholds information
that has been requested, (B) fails to
provide information within the
deadlines established, or in the form
and manner requested by the
Department, subject to subsections (c)(1)
and (e) of section 782 of the Act, (C)
significantly impedes a proceeding, or
(D) provides information that cannot be
verified as provided by section 782(i) of
the Act. Trina was unable to obtain
FOPs from tollers of two inputs.
Because this information is necessary
2 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011) and the
‘‘Assessment Rates’’ section, below.
3 See the December 18, 2015 Memoranda from Jeff
Pedersen to Abdelali Elouaradia concerning
‘‘Affiliation and Single Entity Status’’ (‘‘Trina
Collapsing Memorandum’’).
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and not available on the record, the
Department is applying FA with respect
to the FOPs in accordance with section
776(a)(1) of the Act.
Separate Rates
The Department preliminarily
determines that information placed on
the record by the mandatory respondent
Trina, as well as by seven other separate
rate applicants, demonstrates that these
companies are entitled to separate rate
status. For additional information, see
the Preliminary Decision Memorandum.
Rate for Separate-Rate Companies Not
Individually Examined
The statute and the Department’s
regulations do not address the
establishment of a rate to be applied to
respondents not selected for individual
examination when the Department
limits its examination in an
administrative review pursuant to
section 777A(c)(2)(B) of the Act.
Generally, the Department looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in an investigation, for
guidance when calculating the rate for
respondents which we did not
individually examine in an
administrative review. Section
735(c)(5)(A) of the Act articulates a
preference that we not calculate an allothers rate using rates which are zero,
de minimis or based entirely on facts
available. Accordingly, the
Department’s practice has been to
average the weighted-average dumping
margins for the examined companies,
excluding rates that are zero, de
minimis, or based entirely on facts
available.4 In these preliminary results,
the Department has calculated a rate for
the sole mandatory respondent, Trina
that is not zero, de minimis, or based
entirely on facts available. Accordingly,
we assigned the weighted-average
dumping margin for Trina to the nonindividually examined companies to
which we granted separate rates status.
The separate rate companies are listed
in the ‘‘Preliminary Results of Review’’
section of this notice. For additional
information, see the Preliminary
Decision Memorandum.
Methodology
The Department conducted this
administrative review in accordance
with section 751(a)(1)(B) of the Act. The
4 See Ball Bearings and Parts Thereof From
France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews and Rescission of Reviews
in Part, 73 FR 52823, 52824 (September 11, 2008),
and accompanying Issues and Decision
Memorandum at Comment 16.
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Department calculated constructed
export prices in accordance with section
772 of the Act. Given that the PRC is a
NME country, within the meaning of
section 771(18) of the Act, the
Department calculated NV in
accordance with section 773(c) of the
Act.
For a full description of the
methodology underlying the
preliminary results of this review, see
the Preliminary Decision Memorandum.
The Preliminary Decision Memorandum
is a public document and is made
available to the public 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 found at https://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist for the
POR:
Weightedaverage
dumping
margin
(percent)
Exporter
Changzhou Trina Solar Energy Co., Ltd./Trina Solar (Changzhou) Science and Technology Co., Ltd./Yancheng Trina Solar Energy Technology Co., Ltd./Changzhou Trina Solar Yabang Energy Co., Ltd./Turpan Trina Solar Energy Co., Ltd./Hubei Trina
Solar Energy Co., Ltd ......................................................................................................................................................................
BYD (Shangluo) Industrial Co., Ltd .....................................................................................................................................................
Chint Solar (Zhejiang) Co., Ltd ............................................................................................................................................................
Hefei JA Solar Technology Co., Ltd ....................................................................................................................................................
Perlight Solar Co., Ltd .........................................................................................................................................................................
Shenzhen Sungold Solar Co., Ltd .......................................................................................................................................................
Sunny Apex Development Ltd .............................................................................................................................................................
Wuxi Suntech Power Co., Ltd .............................................................................................................................................................
sradovich on DSK3GMQ082PROD with NOTICES
Disclosure and Public Comment
The Department intends to disclose to
parties the calculations performed for
these preliminary results of review
within five days of the date of
publication of this notice in the Federal
Register in accordance with 19 CFR
351.224(b). Interested parties may
submit case briefs no later than 30 days
after the date of publication of these
preliminary results of review.5 Rebuttal
briefs may be filed no later than five
days after case briefs are due and may
respond only to arguments raised in the
case briefs.6 A table of contents, list of
authorities used, and an executive
summary of issues should accompany
any briefs submitted to the Department.
The summary should be limited to five
pages total, including footnotes.7
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, within 30
days after the date of publication of this
notice.8 Requests should contain the
party’s name, address, and telephone
number, the number of participants in
the hearing, and a list of the issues to
be discussed at the hearing. Oral
arguments at the hearing will be limited
to issues raised in the briefs. If a request
for a hearing is made, the Department
5 See
19 CFR 351.309(c)(ii).
19 CFR 351.309(d).
7 See 19 CFR 351.309(c)(2), (d)(2).
8 See 19 CFR 351.310(c).
6 See
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intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230, at a date and time to be
determined.9 Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date of the hearing.
All submissions, with limited
exceptions, must be filed electronically
using ACCESS.10 An electronically filed
document must be received successfully
in its entirety by the Department’s
electronic records system, ACCESS, by
5 p.m. Eastern Time (‘‘ET’’) on the due
date. Documents excepted from the
electronic submission requirements
must be filed manually (i.e., in paper
form) with the APO/Dockets Unit in
Room 18022 and stamped with the date
and time of receipt by 5 p.m. ET on the
due date.11
Unless otherwise extended, the
Department intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act.
9 See
19 CFR 351.310(d).
generally 19 CFR 351.303.
11 See 19 CFR 351.303 (for general filing
requirements); Antidumping and Countervailing
Duty Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
10 See
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14.70
14.70
14.70
14.70
14.70
14.70
14.70
14.70
Assessment Rates
Upon issuance of the final results of
this review, the Department will
determine, and CBP shall assess,
antidumping duties on all appropriate
entries covered by this review.12 The
Department intends to issue assessment
instructions to CBP 15 days after the
publication date of the final results of
this review. For each individually
examined respondent in this review
whose weighted-average dumping
margin in the final results of review is
not zero or de minimis (i.e., less than 0.5
percent), the Department intends to
calculate importer-specific assessment
rates, in accordance with 19 CFR
351.212(b)(1).13 Where the respondent
reported reliable entered values, the
Department intends to calculate
importer-specific ad valorem
assessment rates by aggregating the
amount of dumping calculated for all
U.S. sales to the importer and dividing
this amount by the total entered value
of the sales to the importer.14 Where the
importer did not report entered values,
the Department calculates an importerspecific assessment rates by dividing the
amount of dumping for reviewed sales
to the importer- by the total sales
quantity associated with those
12 See
19 CFR 351.212(b)(1).
Antidumping Proceedings: Calculation of
the Weighted Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (‘‘Final Modification’’).
14 See 19 CFR 351.212(b)(1).
13 See
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transactions. In addition, the
Department will calculate an estimated
ad valorem importer-specific
assessment rate to determine whether
this rate is de minimis, however, the
Department will direct CBP to assess
importer-specific assessment rates based
on the resulting per-unit rates.15 Where
an importer-specific ad valorem
assessment rate is not zero or de
minimis, the Department will instruct
CBP to collect the appropriate duties at
the time of liquidation. Where either the
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer-specific ad valorem
assessment rate is zero or de minimis,
the Department will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.16
Pursuant to Departmental practice, for
entries that were not reported in the
U.S. sales database submitted by an
exporter individually examined during
this review, the Department will
instruct CBP to liquidate such entries at
the rate for the PRC-wide entity.17
Because no party requested a review of
the PRC-wide entity, the entity is not
under review and the entity’s rate (i.e.,
165.04 percent) is not subject to
change.18 Additionally, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s CBP case number will be
liquidated at the rate for the PRC-wide
entity.
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated antidumping
duties, where applicable.
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Cash Deposit Requirements
The Department will instruct CBP to
require a cash deposit for antidumping
duties equal to the weighted-average
amount by which the normal value
exceeds U.S. price. The following cash
deposit requirements will be effective
for shipments of the subject
merchandise from the PRC entered, or
withdrawn from warehouse, for
consumption on or after the publication
15 Id.
16 See
Final Modification, 77 FR at 8103.
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
18 See Certain Crystalline Silicon Photovoltaic
Products From the People’s Republic of China:
Final Determination of Sales at Less Than Fair
Value, 79 FR 76970 (December 23, 2014).
17 See
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date of this notice, as provided by
section 751(a)(2)(C) of the Act: (1) For
the exporters listed above, the cash
deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
review (except, if the rate is de minimis
(i.e., less than 0.5 percent), then the cash
deposit rate will be zero for that
exporter); (2) for previously investigated
or reviewed PRC and non-PRC exporters
not listed above that have separate rates,
the cash deposit rate will continue to be
the exporter-specific rate published for
the most recently completed segment of
this proceeding; (3) for all PRC exporters
of subject merchandise which have not
been found to be entitled to a separate
rate, the cash deposit rate will be the
rate for the PRC-wide entity (i.e., 165.04
percent) 19 and (4) for all non-PRC
exporters of subject merchandise that
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporter that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties and/or
countervailing duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
and/or countervailing duties has
occurred, and the subsequent
assessment of double antidumping
duties and/or increase the amount of
antidumping duties by the amount of
the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213 and 351.221(b)(4).
Dated: February 28, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Summary
2. Background
3. Period of Review
4. Extension of Preliminary Results
5. Scope of the Order
19 See
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6. Preliminary Determination of No
Shipments
7. Selection of Respondents
8. Single Entity Treatment
9. Discussion of the Methodology
a. Non-Market Economy Country
b. Separate Rates
c. Rate for Non-Examined, Separate Rate
Respondents
d. Application of Facts Available
e. Surrogate Country Selection
f. Date of Sale
g. Fair Value Comparisons
h. U.S. Price
i. Normal Value
j. Adjustments for Countervailable
Subsidies
k. Currency Conversion
10. Recommendation
[FR Doc. 2017–04420 Filed 3–6–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–876]
Steel Concrete Reinforcing Bar From
Japan: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that steel concrete
reinforcing bar (rebar) from Japan is
being, or is likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is July 1, 2015, through June 30,
2016. The estimated dumping margins
of sales at LTFV are listed in the
‘‘Preliminary Determination’’ section of
this notice. Interested parties are invited
to comment on this preliminary
determination.
DATES: Effective March 7, 2017.
FOR FURTHER INFORMATION CONTACT:
David Lindgren, 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) 482–3870.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). The Department published the
notice of initiation of this investigation
on October 18, 2016.1 For a complete
1 See Steel Concrete Reinforcing Bar From Japan,
Taiwan and the Republic of Turkey: Initiation of
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]]>Agencies
[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)]
[Notices]
[Pages 12793-12796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04420]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-010]
Certain Crystalline Silicon Photovoltaic Products From the
People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2014-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 12794]]
SUMMARY: The Department of Commerce (``the Department'') is conducting
an administrative review of the antidumping duty order on crystalline
silicon photovoltaic products (``solar products'') from the People's
Republic of China (``PRC''). The period of review (``POR'') is July 31,
2014 through January 31, 2016. The administrative review covers one
mandatory respondent, Changzhou Trina Solar Energy Co., Ltd./Trina
Solar (Changzhou) Science & Technology Co., Ltd. (``Trina''), which we
have preliminarily determined to treat as a single entity with the
additional affiliated companies identified below. The Department
preliminarily finds that Trina sold subject merchandise in the United
States at prices below normal value (``NV'') during the POR. Interested
parties are invited to comment on these preliminary results.
DATES: Effective March 7, 2017.
FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, AD/CVD Operations,
Office IV, Enforcement & Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-2769.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by the order is modules, laminates and/or
panels consisting of crystalline silicon photovoltaic cells, whether or
not partially or fully assembled into other products, including
building integrated materials.\1\ Merchandise covered by the order is
currently classified in the Harmonized Tariff Schedule of the United
States (HTSUS) under subheadings 8501.61.0000, 8507.20.8030,
8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030
and 8501.31.8000. These HTSUS subheadings are provided for convenience
and customs purposes; the written description of the scope of this
investigation is dispositive.
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\1\ For a complete description of the scope of the order, see
``Decision Memorandum for Preliminary Results of Antidumping Duty
Administrative Review: Certain Crystalline Silicon Photovoltaic
Products from the People's Republic of China; 2014-2016'' from James
Maeder, Senior Director, Office I for Antidumping and Countervailing
Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for
Enforcement and Compliance, issued concurrently with and hereby
adopted by this notice (``Preliminary Decision Memorandum'').
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Preliminary Determination of No Shipments
Based on an analysis of U.S. Customs and Border Protection
(``CBP'') information, and comments provided by Shanghai JA Solar
Technology Co., Ltd. (``JA Solar''), the Department preliminarily
determines that JA Solar had no shipments during the POR. For
additional information regarding this determination, see the
Preliminary Decision Memorandum.
Consistent with an announced refinement to its assessment practice
in non-market economy (``NME'') cases, the Department is not rescinding
this review, in part, but intends to complete the review with respect
to the companies for which it has preliminarily found no shipments and
issue appropriate instructions to CBP based on the final results of the
review.\2\
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\2\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and
the ``Assessment Rates'' section, below.
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Preliminary Affiliation and Single Entity Determination
Based on record evidence, the Department preliminarily finds that
the mandatory respondent Changzhou Trina Solar Energy Co., Ltd./Trina
Solar (Changzhou) Science & Technology Co., Ltd. is affiliated with the
following four companies pursuant to section 771(33)(F) of the Act: (1)
Yancheng Trina Solar Energy Technology Co., Ltd.; (2) Changzhou Trina
Solar Yabang Energy Co., Ltd.; (3) Turpan Trina Solar Energy Co., Ltd.;
and (4) Hubei Trina Solar Energy Co., Ltd. In addition, based on the
information presented in this review, we preliminarily find that these
six companies should be treated as a single entity pursuant to 19 CFR
351.401(f). For additional information, see the Preliminary Decision
Memorandum and Trina Collapsing Memorandum.\3\
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\3\ See the December 18, 2015 Memoranda from Jeff Pedersen to
Abdelali Elouaradia concerning ``Affiliation and Single Entity
Status'' (``Trina Collapsing Memorandum'').
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Use of Partial Facts Available (``FA'')
Section 776(a) of the Act provides that the Department shall apply
FA if (1) necessary information is not on the record, or (2) an
interested party or any other person (A) withholds information that has
been requested, (B) fails to provide information within the deadlines
established, or in the form and manner requested by the Department,
subject to subsections (c)(1) and (e) of section 782 of the Act, (C)
significantly impedes a proceeding, or (D) provides information that
cannot be verified as provided by section 782(i) of the Act. Trina was
unable to obtain FOPs from tollers of two inputs. Because this
information is necessary and not available on the record, the
Department is applying FA with respect to the FOPs in accordance with
section 776(a)(1) of the Act.
Separate Rates
The Department preliminarily determines that information placed on
the record by the mandatory respondent Trina, as well as by seven other
separate rate applicants, demonstrates that these companies are
entitled to separate rate status. For additional information, see the
Preliminary Decision Memorandum.
Rate for Separate-Rate Companies Not Individually Examined
The statute and the Department's regulations do not address the
establishment of a rate to be applied to respondents not selected for
individual examination when the Department limits its examination in an
administrative review pursuant to section 777A(c)(2)(B) of the Act.
Generally, the Department looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
investigation, for guidance when calculating the rate for respondents
which we did not individually examine in an administrative review.
Section 735(c)(5)(A) of the Act articulates a preference that we not
calculate an all-others rate using rates which are zero, de minimis or
based entirely on facts available. Accordingly, the Department's
practice has been to average the weighted-average dumping margins for
the examined companies, excluding rates that are zero, de minimis, or
based entirely on facts available.\4\ In these preliminary results, the
Department has calculated a rate for the sole mandatory respondent,
Trina that is not zero, de minimis, or based entirely on facts
available. Accordingly, we assigned the weighted-average dumping margin
for Trina to the non-individually examined companies to which we
granted separate rates status. The separate rate companies are listed
in the ``Preliminary Results of Review'' section of this notice. For
additional information, see the Preliminary Decision Memorandum.
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\4\ See Ball Bearings and Parts Thereof From France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR
52823, 52824 (September 11, 2008), and accompanying Issues and
Decision Memorandum at Comment 16.
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Methodology
The Department conducted this administrative review in accordance
with section 751(a)(1)(B) of the Act. The
[[Page 12795]]
Department calculated constructed export prices in accordance with
section 772 of the Act. Given that the PRC is a NME country, within the
meaning of section 771(18) of the Act, the Department calculated NV in
accordance with section 773(c) of the Act.
For a full description of the methodology underlying the
preliminary results of this review, see the Preliminary Decision
Memorandum. The Preliminary Decision Memorandum is a public document
and is made available to the public 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 found at https://enforcement.trade.gov/frn/. The signed and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist for the POR:
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Weighted-
average
Exporter dumping margin
(percent)
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Changzhou Trina Solar Energy Co., Ltd./Trina Solar 14.70
(Changzhou) Science and Technology Co., Ltd./Yancheng
Trina Solar Energy Technology Co., Ltd./Changzhou Trina
Solar Yabang Energy Co., Ltd./Turpan Trina Solar Energy
Co., Ltd./Hubei Trina Solar Energy Co., Ltd............
BYD (Shangluo) Industrial Co., Ltd...................... 14.70
Chint Solar (Zhejiang) Co., Ltd......................... 14.70
Hefei JA Solar Technology Co., Ltd...................... 14.70
Perlight Solar Co., Ltd................................. 14.70
Shenzhen Sungold Solar Co., Ltd......................... 14.70
Sunny Apex Development Ltd.............................. 14.70
Wuxi Suntech Power Co., Ltd............................. 14.70
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Disclosure and Public Comment
The Department intends to disclose to parties the calculations
performed for these preliminary results of review within five days of
the date of publication of this notice in the Federal Register in
accordance with 19 CFR 351.224(b). Interested parties may submit case
briefs no later than 30 days after the date of publication of these
preliminary results of review.\5\ Rebuttal briefs may be filed no later
than five days after case briefs are due and may respond only to
arguments raised in the case briefs.\6\ A table of contents, list of
authorities used, and an executive summary of issues should accompany
any briefs submitted to the Department. The summary should be limited
to five pages total, including footnotes.\7\
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\5\ See 19 CFR 351.309(c)(ii).
\6\ See 19 CFR 351.309(d).
\7\ See 19 CFR 351.309(c)(2), (d)(2).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, within 30 days after the date
of publication of this notice.\8\ Requests should contain the party's
name, address, and telephone number, the number of participants in the
hearing, and a list of the issues to be discussed at the hearing. Oral
arguments at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, the Department intends to
hold the hearing at the U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230, at a date and time to be
determined.\9\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date of the
hearing.
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\8\ See 19 CFR 351.310(c).
\9\ See 19 CFR 351.310(d).
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All submissions, with limited exceptions, must be filed
electronically using ACCESS.\10\ An electronically filed document must
be received successfully in its entirety by the Department's electronic
records system, ACCESS, by 5 p.m. Eastern Time (``ET'') on the due
date. Documents excepted from the electronic submission requirements
must be filed manually (i.e., in paper form) with the APO/Dockets Unit
in Room 18022 and stamped with the date and time of receipt by 5 p.m.
ET on the due date.\11\
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\10\ See generally 19 CFR 351.303.
\11\ See 19 CFR 351.303 (for general filing requirements);
Antidumping and Countervailing Duty Proceedings: Electronic Filing
Procedures; Administrative Protective Order Procedures, 76 FR 39263
(July 6, 2011).
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Unless otherwise extended, the Department intends to issue the
final results of this administrative review, which will include the
results of its analysis of issues raised in any briefs, within 120 days
of publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of this review, the Department
will determine, and CBP shall assess, antidumping duties on all
appropriate entries covered by this review.\12\ The Department intends
to issue assessment instructions to CBP 15 days after the publication
date of the final results of this review. For each individually
examined respondent in this review whose weighted-average dumping
margin in the final results of review is not zero or de minimis (i.e.,
less than 0.5 percent), the Department intends to calculate importer-
specific assessment rates, in accordance with 19 CFR 351.212(b)(1).\13\
Where the respondent reported reliable entered values, the Department
intends to calculate importer-specific ad valorem assessment rates by
aggregating the amount of dumping calculated for all U.S. sales to the
importer and dividing this amount by the total entered value of the
sales to the importer.\14\ Where the importer did not report entered
values, the Department calculates an importer-specific assessment rates
by dividing the amount of dumping for reviewed sales to the importer-
by the total sales quantity associated with those
[[Page 12796]]
transactions. In addition, the Department will calculate an estimated
ad valorem importer-specific assessment rate to determine whether this
rate is de minimis, however, the Department will direct CBP to assess
importer-specific assessment rates based on the resulting per-unit
rates.\15\ Where an importer-specific ad valorem assessment rate is not
zero or de minimis, the Department will instruct CBP to collect the
appropriate duties at the time of liquidation. Where either the
respondent's weighted average dumping margin is zero or de minimis, or
an importer-specific ad valorem assessment rate is zero or de minimis,
the Department will instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\16\
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\12\ See 19 CFR 351.212(b)(1).
\13\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(``Final Modification'').
\14\ See 19 CFR 351.212(b)(1).
\15\ Id.
\16\ See Final Modification, 77 FR at 8103.
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Pursuant to Departmental practice, for entries that were not
reported in the U.S. sales database submitted by an exporter
individually examined during this review, the Department will instruct
CBP to liquidate such entries at the rate for the PRC-wide entity.\17\
Because no party requested a review of the PRC-wide entity, the entity
is not under review and the entity's rate (i.e., 165.04 percent) is not
subject to change.\18\ Additionally, if the Department determines that
an exporter under review had no shipments of the subject merchandise,
any suspended entries that entered under that exporter's CBP case
number will be liquidated at the rate for the PRC-wide entity.
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\17\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
\18\ See Certain Crystalline Silicon Photovoltaic Products From
the People's Republic of China: Final Determination of Sales at Less
Than Fair Value, 79 FR 76970 (December 23, 2014).
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
The Department will instruct CBP to require a cash deposit for
antidumping duties equal to the weighted-average amount by which the
normal value exceeds U.S. price. The following cash deposit
requirements will be effective for shipments of the subject merchandise
from the PRC entered, or withdrawn from warehouse, for consumption on
or after the publication date of this notice, as provided by section
751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash
deposit rate will be equal to the weighted-average dumping margin
established in the final results of this review (except, if the rate is
de minimis (i.e., less than 0.5 percent), then the cash deposit rate
will be zero for that exporter); (2) for previously investigated or
reviewed PRC and non-PRC exporters not listed above that have separate
rates, the cash deposit rate will continue to be the exporter-specific
rate published for the most recently completed segment of this
proceeding; (3) for all PRC exporters of subject merchandise which have
not been found to be entitled to a separate rate, the cash deposit rate
will be the rate for the PRC-wide entity (i.e., 165.04 percent) \19\
and (4) for all non-PRC exporters of subject merchandise that have not
received their own rate, the cash deposit rate will be the rate
applicable to the PRC exporter that supplied that non-PRC exporter.
These deposit requirements, when imposed, shall remain in effect until
further notice.
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\19\ See Final Determination at 76973.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties and/or countervailing
duties prior to liquidation of the relevant entries during this POR.
Failure to comply with this requirement could result in the
Department's presumption that reimbursement of antidumping duties and/
or countervailing duties has occurred, and the subsequent assessment of
double antidumping duties and/or increase the amount of antidumping
duties by the amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and
351.221(b)(4).
Dated: February 28, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Period of Review
4. Extension of Preliminary Results
5. Scope of the Order
6. Preliminary Determination of No Shipments
7. Selection of Respondents
8. Single Entity Treatment
9. Discussion of the Methodology
a. Non-Market Economy Country
b. Separate Rates
c. Rate for Non-Examined, Separate Rate Respondents
d. Application of Facts Available
e. Surrogate Country Selection
f. Date of Sale
g. Fair Value Comparisons
h. U.S. Price
i. Normal Value
j. Adjustments for Countervailable Subsidies
k. Currency Conversion
10. Recommendation
[FR Doc. 2017-04420 Filed 3-6-17; 8:45 am]
BILLING CODE 3510-DS-P
