Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2014-2015, 29033-29037 [2017-13426]
Download as PDF
Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Notices
the GOI and GOC via ACCESS. To the
extent practicable, we will attempt to
provide a copy of the public version of
the Petitions to each exporter named in
the Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
We will notify the ITC of our
initiation, as required by section 702(d)
of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petitions were filed, whether there
is a reasonable indication that imports
of fine denier PSF from India and the
PRC are materially injuring, or
threatening material injury to, a U.S.
industry.33 A negative ITC
determination will result in the
investigations being terminated.34
Otherwise, these investigations will
proceed according to statutory and
regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by the Department; and (v)
evidence other than factual information
described in (i)–(iv). 19 CFR 351.301(b)
requires any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted35 and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct.36 Time
limits for the submission of factual
information are addressed in 19 CFR
351.301, which provides specific time
limits based on the type of factual
information being submitted. Interested
parties should review the regulations
prior to submitting factual information
in these investigations.
mstockstill on DSK30JT082PROD with NOTICES
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
33 See
section 703(a)(2) of the Act.
section 703(a)(1) of the Act.
35 See 19 CFR 351.301(b).
36 See 19 CFR 351.301(b)(2).
34 See
VerDate Sep<11>2014
18:33 Jun 26, 2017
Jkt 241001
351.301, or as otherwise specified by the
Secretary. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301
expires. For submissions that are due
from multiple parties simultaneously,
an extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in
the letter or memorandum setting forth
the deadline (including a specified time)
by which extension requests must be
filed to be considered timely. An
extension request must be made in a
separate, stand-alone submission; under
limited circumstances we will grant
untimely-filed requests for the extension
of time limits. Parties should review
Extension of Time Limits; Final Rule, 78
FR 57790 (September 20, 2013),
available at https://www.gpo.gov/fdsys/
pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual
information in these investigations.
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.37
Parties are hereby reminded that revised
certification requirements are in effect
for company/government officials, as
well as their representatives.
Investigations initiated on the basis of
petitions filed on or after August 16,
2013, and other segments of any AD or
CVD proceedings initiated on or after
August 16, 2013, should use the formats
for the revised certifications provided at
the end of the Final Rule.38 The
Department intends to reject factual
submissions if the submitting party does
not comply with the applicable revised
certification requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
37 See
section 782(b) of the Act.
Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (‘‘Final Rule’’); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
38 See
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
29033
APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate
in this investigation should ensure that
they meet the requirements of these
procedures (e.g., the filing of letters of
appearance as discussed at 19 CFR
351.103(d)).
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act.
Dated: June 20, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these
investigations is fine denier polyester staple
fiber (fine denier PSF), not carded or combed,
measuring less than 3.3 decitex (3 denier) in
diameter. The scope covers all fine denier
PSF, whether coated or uncoated. The
following products are excluded from the
scope:
(1) PSF equal to or greater than 3.3. decitex
(more than 3 denier, inclusive) currently
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings 5503.20.0045 and 5503.20.0065.
(2) Low-melt PSF defined as a bicomponent fiber with a polyester core and an
outer, polyester sheath that melts at a
significantly lower temperature than its inner
polyester core currently classified under
HTSUS subheading 5503.20.0015.
Fine denier PSF is classifiable under the
HTSUS subheading 5503.20.0025. Although
the HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
investigations is dispositive.
[FR Doc. 2017–13381 Filed 6–26–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–979]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Final Results of Antidumping
Duty Administrative Review and Final
Determination of No Shipments; 2014–
2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 22, 2016, the
Department of Commerce (the
Department) published the preliminary
results of the third administrative
review of the antidumping duty (AD)
order on crystalline silicon photovoltaic
cells, whether or not assembled into
modules (solar cells) from the People’s
AGENCY:
E:\FR\FM\27JNN1.SGM
27JNN1
29034
Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Notices
Republic of China (PRC). The period of
review (POR) is December 1, 2014,
through November 30, 2015. The review
covers two mandatory respondents: (1)
Canadian Solar International Limited,
which we have treated as a single entity
with five affiliated companies identified
below, and (2) the collapsed entity Trina
Solar, consisting of Changzhou Trina
Solar Energy Co., Ltd., and Trina Solar
(Changzhou) Science and Technology
Co., Ltd., which we have continued to
treat as a single entity with four
additional affiliated companies
identified below. We received
comments from interested parties on our
Preliminary Results. Based on our
analysis of the comments received, we
made changes to the margin calculations
for the Final Results of this
administrative review. The final
weighted-average dumping margins are
listed below in the ‘‘Final Results of
Review’’ section of this notice.
DATES: Effective June 27, 2017.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill and Jeff Pedersen, AD/CVD
Operations, Office IV, Enforcement &
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–4037 or (202) 482–2769,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 22, 2016, the
Department published in the Federal
Register the preliminary results of the
2014–2015 administrative review of the
antidumping duty order on solar cells
from the PRC.1 For events subsequent to
the Preliminary Results, see the
Department’s Issues and Decision
Memorandum.2 On March 30, 2017, in
accordance with section 751(a)(3)(A) of
the Tariff Act of 1930, as amended (the
Act), the Department extended the
deadline for issuing the final results by
60 days.3 The deadline for the final
results is June 20, 2017.
mstockstill on DSK30JT082PROD with NOTICES
1 See
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2014–
2015, 81 FR 93888 (December 22, 2016)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2014–
2015 Antidumping Duty Administrative Review of
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules, From the People’s
Republic of China,’’ (Issues and Decision
Memorandum), dated concurrently with this notice.
3 See Memorandum, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into
Modules, from the People’s Republic of China:
VerDate Sep<11>2014
18:33 Jun 26, 2017
Jkt 241001
Scope of the Order
The merchandise covered by the 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.4 Merchandise
covered by the order is classifiable
under subheading 8501.61.0000,
8507.20.80, 8541.40.6020, 8541.40.6030,
and 8501.31.8000 of the Harmonized
Tariff Schedule of the United States
(HTSUS). Although the HTSUS
subheadings are provided for
convenience and customs purposes, our
written description of the scope of the
order is dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum, which is hereby
adopted by this notice. A list of the
issues that parties raised, and to which
we responded in the Issues and
Decision Memorandum, follows as an
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov and to all parties in the
Central Records Unit, Room B8024 of
the main Department of Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
on the Internet at https://
enforcement.trade.gov/frn/. The paper
copy and electronic version of the Issues
and Decision Memorandum are
identical in content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, and for the reasons explained in
the Issues and Decision Memorandum,
we made revisions to our preliminary
calculations of the weighted-average
dumping margins for mandatory
Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,’’ dated
March 30, 2017.
4 For a complete description of the scope of the
order, see Issues and Decision Memorandum.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
respondents, Canadian Solar 5 and
Trina.6 7
Final Determination of No Shipments
In the Preliminary Results, we found
that seven companies had no shipments
during the POR.8 Consistent with the
Department’s assessment practice in
NME cases, we completed the review
with respect to the above-named
companies. However, we have
reexamined the record and determined
that we made an error in the Preliminary
Results by not recognizing that
Shenzhen Glory Industries Co., Ltd.
(Shenzhen Glory) timely filed a noshipment certification.9 We have
reviewed Shenzhen Glory’s no shipment
certification and have found that
Shenzhen Glory had no shipments
during this POR. In addition, we found
that Hangzhou Sunny Energy Science &
Technology Co., Ltd. (Sunny), a
company we preliminarily determined
had no shipments during the POR, had
a reviewable sale/entry of subject
merchandise during the POR. Therefore,
for these Final Results, we find that a
total of seven companies had no
shipments during the POR.10 As noted
5 In these final results of review, the Department
has continued to treat the following six companies
as a single entity: Canadian Solar International
Limited/Canadian Solar Manufacturing (Changshu),
Inc./Canadian Solar Manufacturing (Luoyang), Inc./
CSI Cells Co., Ltd./CSI–GCL Solar Manufacturing
(YanCheng) Co., Ltd./CSI Solar Power (China) Inc.
(collectively, Canadian Solar). See Preliminary
Results, 81 FR at 93888, 93889 and PDM at 6 7.
6 In these final results of review, the Department
has continued to treat the following six companies
as a single entity: Changzhou Trina Solar Energy
Co., Ltd./Trina Solar (Changzhou) Science &
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.
(collectively, Trina). See Preliminary Results, 81 FR
at 93888, 93889 and PDM at 6–7.
7 See Issues and Decision Memorandum at
comments 4, 7, 8, 16, 17, 20, 21, 22, and 24.
8 See Preliminary Results, 81 FR at 93888, 93889.
9 See Shenzhen Glory’s February 24, 2016 Notice
of No Sales Letter.
10 Those companies are: BYD (Shangluo)
Industrial Co., Ltd., Canadian Solar Inc., Dongguan
Sunworth Solar Energy Co., Ltd., Jiangsu High Hope
Int’l Group, Wuxi Suntech Power Co., Ltd/Luoyang
Suntech Power Co., Ltd., Zhongli Talesun Solar Co.
Ltd, and Shenzhen Glory. On January 6, 2017, the
Department placed on the record certain factual
information from U.S. Customs and Border
Protection (CBP) regarding the no shipments claims
and provided interested parties with an opportunity
to comment on the information. See Department
Letter re: Release of U.S. Customs and Border
Protection Information Relating to No Shipment
Claims Made in the 2014–2015 Administrative
Review of Crystalline Silicon Photovoltaic Cells
from the People’s Republic of China, dated January
6, 2017. Wuxi Suntech Power Co., Ltd. commented
on the information, arguing that none of the new
information on the record contradicts the
Department’s preliminary decision regarding its no
shipment claim. No other parties commented on the
information. See Wuxi Suntech Power Co., Ltd.’s
January 13, 2017 Comments on CBP Information.
E:\FR\FM\27JNN1.SGM
27JNN1
Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Notices
in the ‘‘Assessment’’ section below, the
Department will issue appropriate
instructions with respect to these
companies to CBP based on our Final
Results.11 In addition, these companies
will maintain their rate from the most
recent segment in which they
participated.
Separate Rates
In the Preliminary Results, the
Department determined that Canadian
Solar, Trina, and 24 other companies/
company groups demonstrated their
eligibility for separate rates, but that
Jiangsu Sunlink PV Technology Co.,
Ltd., Ningbo Hisheen Electrical Co.,
Ltd., and Shenzhen Glory had not
demonstrated their entitlement to
separate rates status because they did
not file either a separate rate application
or certification with the Department.12
However, as noted above, for these Final
Results, the Department has determined
that Shenzhen Glory timely filed a no
shipments claim and record information
supports its claim. Additionally, as
explained in the Issues and Decision
Memorandum, the Department has
determined that Sunny is eligible for
separate rate status, but that Ningbo
Qixin Solar Electrical Appliance Co.,
Ltd. (Ningbo Qixin) did not meet the
requirements for obtaining a separate
rate. Therefore, for these Final Results,
29035
the Department finds that Jiangsu
Sunlink PV Technology Co., Ltd.,
Ningbo Hisheen Electrical Co., Ltd., and
Ningbo Qixin are not eligible for
separate rate status and thus, are part of
the PRC-wide entity. The Department
assigned a dumping margin to the
separate rate companies that it did not
individually examine, but which
demonstrated their eligibility for a
separate rate, based on the mandatory
respondents’ dumping margins.13
Final Results of Review
We determine that the following
weighted-average dumping margins
exist for the POR:
Weighted-average
dumping margins
(percent)
Exporter
Canadian Solar International Limited/Canadian Solar Manufacturing (Changshu), Inc./Canadian Solar Manufacturing
(Luoyang)Inc./CSI Cells Co., Ltd./CSI–GCL Solar Manufacturing (YanCheng) Co., Ltd./CSI Solar Power (China) Inc ........
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 .....................................................................................................................................................
Chint Solar (Zhejiang) Co., Ltd ....................................................................................................................................................
ERA Solar Co., Ltd ......................................................................................................................................................................
ET Solar Energy Limited .............................................................................................................................................................
Hangzhou Sunny Energy Science & Technology Co., Ltd .........................................................................................................
Hengdian Group DMEGC Magnetics Co., Ltd ............................................................................................................................
JA Solar Technology Yangzhou Co., Ltd ....................................................................................................................................
Jiawei Solarchina (Shenzhen) Co., Ltd .......................................................................................................................................
Jiawei Solarchina Co., Ltd ...........................................................................................................................................................
JingAo Solar Co., Ltd ..................................................................................................................................................................
Lightway Green New Energy Co., Ltd .........................................................................................................................................
Ningbo ETDZ Holdings, Ltd .........................................................................................................................................................
Risen Energy Co., Ltd .................................................................................................................................................................
Shanghai BYD Co., Ltd ...............................................................................................................................................................
Shanghai JA Solar Technology Co., Ltd .....................................................................................................................................
Shenzhen Sungold Solar Co., Ltd ...............................................................................................................................................
Shenzhen Topray Solar Co., Ltd .................................................................................................................................................
Star Power International Limited .................................................................................................................................................
Systemes Versilis, Inc .................................................................................................................................................................
Taizhou BD Trade Co., Ltd .........................................................................................................................................................
tenKsolar (Shanghai) Co., Ltd .....................................................................................................................................................
Toenergy Technology Hangzhou Co., Ltd ..................................................................................................................................
Wuxi Tianran Photovoltaic Co., Ltd .............................................................................................................................................
Yingli Energy (China) Company Limited/Baoding Tianwei Yingli New Energy Resources Co., Ltd./Tianjin Yingli New Energy
Resources Co., Ltd./Hengshui Yingli New Energy Resources Co., Ltd./Lixian 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./Shenzhen Yingli New Energy Resources Co., Ltd ..................................................
Zhejiang Era Solar Technology Co., Ltd .....................................................................................................................................
Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company ................................................................
13.07
4.66
6.98
6.98
6.98
6.98
6.98
6.98
6.98
6.98
6.98
6.98
6.98
6.98
6.98
6.98
6.98
6.98
6.98
6.98
6.98
6.98
6.98
6.98
6.98
6.98
6.98
mstockstill on DSK30JT082PROD with NOTICES
Because no party requested a review
of the PRC-wide entity and the
Department no longer considers the
PRC-wide entity as an exporter
conditionally subject to administrative
reviews,14 we did not conduct a review
of the PRC-wide entity. Thus, the
weighted-average dumping margin for
the PRC-wide entity (i.e., 238.95
percent) is not subject to change as a
result of this review.15
Assessment
11 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (Assessment of
Antidumping Duties); see also the ‘‘Assessment’’
section of this notice, below.
12 Id.
13 See Memorandum, ‘‘Calculation of the Final
Dumping Margin for Separate Rate Recipients,’’
dated concurrently with this notice.
14 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65969–70 (November 4, 2013).
15 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2013–2014,
81 FR 39905 (June 20, 2016).
VerDate Sep<11>2014
18:33 Jun 26, 2017
Jkt 241001
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
The Department will determine, and
CBP shall assess, antidumping duties on
all appropriate entries covered by this
review. The Department intends to issue
assessment instructions to CBP 15 days
E:\FR\FM\27JNN1.SGM
27JNN1
mstockstill on DSK30JT082PROD with NOTICES
29036
Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Notices
after the publication date of these Final
Results of review. In accordance with 19
CFR 351.212(b)(1), we are calculating
importer- (or customer-)specific
assessment rates for the merchandise
subject to this review. For any
individually examined respondent
whose weighted-average dumping
margin is above de minimis (i.e., 0.50
percent), the Department will calculate
importer- (or customer)-specific
assessment rates for merchandise
subject to this review. Where the
respondent reported reliable entered
values, the Department calculated
importer- (or customer)-specific ad
valorem rates by aggregating the
dumping margins calculated for all U.S.
sales to the importer- (or customer) and
dividing this amount by the total
entered value of the sales to the
importer- (or customer).16 Where the
Department calculated an importer- (or
customer)-specific weighted-average
dumping margin by dividing the total
amount of dumping for reviewed sales
to the importer- (or customer) by the
total sales quantity associated with
those transactions, the Department will
direct CBP to assess importer- (or
customer)-specific assessment rates
based on the resulting per-unit rates.17
Where an importer- (or customer)specific ad valorem or per-unit rate is
greater than 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 (or customer)-specific ad
valorem or per-unit rate is zero or de
minimis, the Department will instruct
CBP to liquidate appropriate entries
without regard to antidumping duties.18
For merchandise whose sale/entry
was not reported in the U.S. sales
database submitted by an exporter
individually examined during this
review, but that entered under the case
number of that exporter (i.e., at the
individually-examined exporter’s cash
deposit rate), the Department will
instruct CBP to liquidate such entries at
the PRC-wide rate. Additionally, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
16 See
19 CFR 351.212(b)(1).
17 Id.
18 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012).
VerDate Sep<11>2014
18:33 Jun 26, 2017
Jkt 241001
Notification Regarding Administrative
Protective Orders (APO)
This notice also serves as a reminder
Cash Deposit Requirements
to parties subject to APO of their
The following cash deposit
responsibility concerning the return or
requirements will be effective upon
destruction of proprietary information
publication of the Final Results of this
disclosed under APO in accordance
administrative review for shipments of
with 19 CFR 351.305, which continues
the subject merchandise from the PRC
to govern business proprietary
entered, or withdrawn from warehouse, information in this segment of the
for consumption on or after the
proceeding. Timely written notification
publication date of this notice in the
of the return or destruction of APO
Federal Register, as provided by section materials, or conversion to judicial
751(a)(2)(C) of the Act: (1) For the
protective order, is hereby requested.
exporters listed above, the cash deposit
Failure to comply with the regulations
rate will be the rate listed for each
and terms of an APO is a violation
exporter in the table in the ‘‘Final
which is subject to sanction.
This notice of the Final Results of this
Results of Review’’ section of this
antidumping duty administrative review
notice, except if the rate is zero or de
minimis (i.e., less than 0.5 percent), then is issued and published in accordance
the cash deposit rate will be zero; (2) for with sections 751(a)(1) and 777(i) of the
Act and 19 CFR 351.213 and 19 CFR
previously investigated PRC and non351.221(b)(5).
PRC exporters that received a separate
rate in a prior segment of this
Dated: June 20, 2017.
proceeding, the cash deposit rate will
Ronald K. Lorentzen,
continue to be the existing exporterActing Assistant Secretary for Enforcement
specific rate; (3) for all PRC exporters of and Compliance.
subject merchandise that have not been
Appendix—Issues and Decision
found to be entitled to a separate rate,
Memorandum
the cash deposit rate will be the rate
previously established for the PRC-wide Summary
entity (i.e., 238.95 percent); and (4) for
Background
all non-PRC exporters of subject
Scope of the Order
Discussion of the Issues
merchandise which have not received
Comment 1: Whether the Department
their own rate, the cash deposit rate will
Should Apply Partial AFA to Trina’s
be the rate applicable to the PRC
Unreported Factors of Production for
exporter that supplied that non-PRC
Purchased Solar Cells
exporter. These deposit requirements,
Comment 2: Application of Partial AFA To
when imposed, shall remain in effect
Value Trina’s Unreported FOPs
until further notice.
Comment 3: Whether the Department
exporter’s case number will be
liquidated at the PRC-wide rate.19
Disclosure
We intend to disclose the calculations
performed for these Final Results within
five days of publication of this notice in
the Federal Register in accordance with
19 CFR 351.224(b).
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping 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 has occurred and the subsequent
assessment of double antidumping
duties.
19 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
Should Apply Partial AFA to Canadian
Solar’s Unreported Factors of Production
for Purchased Solar Cells
Comment 4: Application of Partial AFA To
Value Canadian Solar’s Unreported FOPs
Comment 5: Surrogate Value for SemiFinished Polysilicon Ingots and Blocks
Comment 6: Data Source Used to Value
Polysilicon and Mono & Multi
Crystalline Wafers and Solar Cells
Comment 7: Surrogate Value for Scrap
Cells and Modules
Comment 8: Surrogate Value for Silicon
Scrap Offsets
Comment 9: Surrogate Value for Recycled
Silicon Scrap
Comment 10: Surrogate Value for
Aluminum Frames
Comment 11: Surrogate Value for
Backsheet
Comment 12: Surrogate Value for Module
Glass
Comment 13: Surrogate Value for Nitrogen
Comment 14: Surrogate Value for Canadian
Solar’s Silver Paste
Comment 15: Surrogate Value for Quartz
Crucibles
Comment 16: Selection of Financial
Statements
Comment 17: Trina’s Ocean Freight
Comment 18: Differential Pricing
E:\FR\FM\27JNN1.SGM
27JNN1
Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Notices
Comment 19: Calculation of Warranty
Expenses
Comment 20: Insurance Costs Related to
Warranties
Comment 21: Treatment of Overhead Items
Comment 22: Debt Restructuring Income
Comment 23: Exclusion of Import Data
with Values but Quantities of Zero
Comment 24: Clerical Errors
Comment 25: Separate Rate Status for
Shenzhen Glory Industries Co., Ltd.
Comment 26: Separate Rate Status for
Hangzhou Sunny Energy Science &
Technology Co., Ltd.
Comment 27: Separate Rate Status for
Ningbo Qixin Solar Electrical Appliance
Co., Ltd.
Comment 28: Toenergy Technology
Hangzhou Co., Ltd.’s Liquidation
Instructions
[FR Doc. 2017–13426 Filed 6–26–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Meeting of the Civil Nuclear Trade
Advisory Committee
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of Federal Advisory
Committee meeting.
AGENCY:
This notice sets forth the
schedule and proposed agenda for a
meeting of the Civil Nuclear Trade
Advisory Committee (CINTAC).
DATES: The meeting is scheduled for
Thursday, July 13, 2017, from 9:00 a.m.
to 4:00 p.m. Eastern Daylight Time
(EDT).
SUMMARY:
The meeting will be held at
the U.S. Department of Commerce,
Herbert C. Hoover Building, Room 1412,
1401 Constitution Ave. NW.,
Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Mr.
Jonathan Chesebro, Office of Energy and
Environmental Industries, International
Trade Administration, Mail Stop 28018,
1401 Constitution Ave. NW.,
Washington, DC 20230. (Phone: 202–
482–1297; Fax: 202–482–5665; email:
jonathan.chesebro@trade.gov).
SUPPLEMENTARY INFORMATION:
Background: The CINTAC was
established under the discretionary
authority of the Secretary of Commerce
and in accordance with the Federal
Advisory Committee Act (5 U.S.C.
App.), in response to an identified need
for consensus advice from U.S. industry
to the U.S. Government regarding the
development and administration of
programs to expand United States
exports of civil nuclear goods and
mstockstill on DSK30JT082PROD with NOTICES
ADDRESSES:
VerDate Sep<11>2014
18:33 Jun 26, 2017
Jkt 241001
services in accordance with applicable
U.S. laws and regulations, including
advice on how U.S. civil nuclear goods
and services export policies, programs,
and activities will affect the U.S. civil
nuclear industry’s competitiveness and
ability to participate in the international
market.
Topics to be considered: The agenda
for the Thursday, July 13, 2017 CINTAC
meeting is as follows:
Closed Session (9:00 a.m.–3:00 p.m.)
1. Discussion of matters determined to
be exempt from the provisions of the
Federal Advisory Committee Act
relating to public meetings found in 5
U.S.C. App. §§ (10)(a)(1) and 10(a)(3) as
information will be disclosed that
would be likely to significantly frustrate
implementation of proposed agency
actions were it to be disclosed
prematurely (5 U.S.C. 552b(c)(9)(B)) and
as trade secrets and commercial or
financial information obtained from a
person and privileged or confidential
information will be disclosed. (5 U.S.C.
552b(c)(4)).
Public Session (3:00 p.m.–4:00 p.m.)
1. Public comment period. Public
attendance is limited and available on a
first-come, first-served basis. Members
of the public wishing to attend the
meeting must notify Mr. Jonathan
Chesebro at the contact information
above by 5:00 p.m. EDT on Friday, July
7, 2017 in order to pre-register. Please
specify any requests for reasonable
accommodation at least five business
days in advance of the meeting. Last
minute requests will be accepted, but
may not be possible to fill.
A limited amount of time will be
available for pertinent brief oral
comments from members of the public
attending the meeting. To accommodate
as many speakers as possible, the time
for public comments will be limited to
two (2) minutes per person, with a total
public comment period of 60 minutes.
Individuals wishing to reserve speaking
time during the meeting must contact
Mr. Chesebro and submit a brief
statement of the general nature of the
comments and the name and address of
the proposed participant by 5:00 p.m.
EDT on Friday, July 7, 2017. If the
number of registrants requesting to
make statements is greater than can be
reasonably accommodated during the
meeting, ITA may conduct a lottery to
determine the speakers.
Any member of the public may
submit pertinent written comments
concerning the CINTAC’s affairs at any
time before and after the meeting.
Comments may be submitted to the
Civil Nuclear Trade Advisory
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
29037
Committee, Office of Energy &
Environmental Industries, U.S.
Department of Commerce, Mail Stop
28018, 1401 Constitution Ave. NW.,
Washington, DC 20230. For
consideration during the meeting, and
to ensure transmission to the Committee
prior to the meeting, comments must be
received no later than 5:00 p.m. EDT on
Friday, July 7, 2017. Comments received
after that date will be distributed to the
members but may not be considered at
the meeting.
Copies of CINTAC meeting minutes
will be available within 90 days of the
meeting.
Dated: June 22, 2017.
Adam O’Malley,
Director, Office of Energy and Environmental
Industries.
[FR Doc. 2017–13452 Filed 6–26–17; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF495
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The Mid-Atlantic Fishery
Management Council’s (MAFMC’s)
Demersal Committee will hold a public
meeting, jointly with a subset of the
Atlantic States Marine Fisheries
Commission’s (ASMFC) Summer
Flounder, Scup, and Black Sea Bass
Board (Board).
DATES: The meeting will be held on
Tuesday, July 11, 2017, from 1 p.m. to
5 p.m. and on Wednesday, July 12,
2017, from 8:30 a.m. to 3 p.m.
ADDRESSES: The meeting will be held at
the Hilton Baltimore BWI Airport Hotel,
1739 W. Nursery Rd., Linthicum, MD
21090; telephone: (410) 694–0808.
Council address: Mid-Atlantic Fishery
Management Council, 800 N. State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331 or on their
Web site at www.mafmc.org.
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D., Executive
Director, Mid-Atlantic Fishery
Management Council, telephone: (302)
526–5255.
SUPPLEMENTARY INFORMATION: The
Demersal Committee and members of
the Board will meet to review and
SUMMARY:
E:\FR\FM\27JNN1.SGM
27JNN1
Agencies
[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)]
[Notices]
[Pages 29033-29037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13426]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-979]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 22, 2016, the Department of Commerce (the
Department) published the preliminary results of the third
administrative review of the antidumping duty (AD) order on crystalline
silicon photovoltaic cells, whether or not assembled into modules
(solar cells) from the People's
[[Page 29034]]
Republic of China (PRC). The period of review (POR) is December 1,
2014, through November 30, 2015. The review covers two mandatory
respondents: (1) Canadian Solar International Limited, which we have
treated as a single entity with five affiliated companies identified
below, and (2) the collapsed entity Trina Solar, consisting of
Changzhou Trina Solar Energy Co., Ltd., and Trina Solar (Changzhou)
Science and Technology Co., Ltd., which we have continued to treat as a
single entity with four additional affiliated companies identified
below. We received comments from interested parties on our Preliminary
Results. Based on our analysis of the comments received, we made
changes to the margin calculations for the Final Results of this
administrative review. The final weighted-average dumping margins are
listed below in the ``Final Results of Review'' section of this notice.
DATES: Effective June 27, 2017.
FOR FURTHER INFORMATION CONTACT: Krisha Hill and Jeff Pedersen, AD/CVD
Operations, Office IV, Enforcement & Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-4037 or (202) 482-2769,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 22, 2016, the Department published in the Federal
Register the preliminary results of the 2014-2015 administrative review
of the antidumping duty order on solar cells from the PRC.\1\ For
events subsequent to the Preliminary Results, see the Department's
Issues and Decision Memorandum.\2\ On March 30, 2017, in accordance
with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the
Act), the Department extended the deadline for issuing the final
results by 60 days.\3\ The deadline for the final results is June 20,
2017.
---------------------------------------------------------------------------
\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2014-2015, 81 FR 93888
(December 22, 2016) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2014-2015 Antidumping Duty Administrative
Review of Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, From the People's Republic of China,''
(Issues and Decision Memorandum), dated concurrently with this
notice.
\3\ See Memorandum, ``Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from the People's Republic of
China: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' dated March 30, 2017.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the 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.\4\
Merchandise covered by the order is classifiable under subheading
8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000
of the Harmonized Tariff Schedule of the United States (HTSUS).
Although the HTSUS subheadings are provided for convenience and customs
purposes, our written description of the scope of the order is
dispositive.
---------------------------------------------------------------------------
\4\ For a complete description of the scope of the order, see
Issues and Decision Memorandum.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum,
which is hereby adopted by this notice. A list of the issues that
parties raised, and to which we responded in the Issues and Decision
Memorandum, follows as an appendix to this notice. The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov and to all parties in the
Central Records Unit, Room B8024 of the main Department of Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The paper copy and electronic version of
the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
revisions to our preliminary calculations of the weighted-average
dumping margins for mandatory respondents, Canadian Solar \5\ and
Trina.6 7
---------------------------------------------------------------------------
\5\ In these final results of review, the Department has
continued to treat the following six companies as a single entity:
Canadian Solar International Limited/Canadian Solar Manufacturing
(Changshu), Inc./Canadian Solar Manufacturing (Luoyang), Inc./CSI
Cells Co., Ltd./CSI-GCL Solar Manufacturing (YanCheng) Co., Ltd./CSI
Solar Power (China) Inc. (collectively, Canadian Solar). See
Preliminary Results, 81 FR at 93888, 93889 and PDM at 6 7.
\6\ In these final results of review, the Department has
continued to treat the following six companies as a single entity:
Changzhou Trina Solar Energy Co., Ltd./Trina Solar (Changzhou)
Science & 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. (collectively, Trina). See Preliminary Results, 81 FR at 93888,
93889 and PDM at 6-7.
\7\ See Issues and Decision Memorandum at comments 4, 7, 8, 16,
17, 20, 21, 22, and 24.
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, we found that seven companies had no
shipments during the POR.\8\ Consistent with the Department's
assessment practice in NME cases, we completed the review with respect
to the above-named companies. However, we have reexamined the record
and determined that we made an error in the Preliminary Results by not
recognizing that Shenzhen Glory Industries Co., Ltd. (Shenzhen Glory)
timely filed a no-shipment certification.\9\ We have reviewed Shenzhen
Glory's no shipment certification and have found that Shenzhen Glory
had no shipments during this POR. In addition, we found that Hangzhou
Sunny Energy Science & Technology Co., Ltd. (Sunny), a company we
preliminarily determined had no shipments during the POR, had a
reviewable sale/entry of subject merchandise during the POR. Therefore,
for these Final Results, we find that a total of seven companies had no
shipments during the POR.\10\ As noted
[[Page 29035]]
in the ``Assessment'' section below, the Department will issue
appropriate instructions with respect to these companies to CBP based
on our Final Results.\11\ In addition, these companies will maintain
their rate from the most recent segment in which they participated.
---------------------------------------------------------------------------
\8\ See Preliminary Results, 81 FR at 93888, 93889.
\9\ See Shenzhen Glory's February 24, 2016 Notice of No Sales
Letter.
\10\ Those companies are: BYD (Shangluo) Industrial Co., Ltd.,
Canadian Solar Inc., Dongguan Sunworth Solar Energy Co., Ltd.,
Jiangsu High Hope Int'l Group, Wuxi Suntech Power Co., Ltd/Luoyang
Suntech Power Co., Ltd., Zhongli Talesun Solar Co. Ltd, and Shenzhen
Glory. On January 6, 2017, the Department placed on the record
certain factual information from U.S. Customs and Border Protection
(CBP) regarding the no shipments claims and provided interested
parties with an opportunity to comment on the information. See
Department Letter re: Release of U.S. Customs and Border Protection
Information Relating to No Shipment Claims Made in the 2014-2015
Administrative Review of Crystalline Silicon Photovoltaic Cells from
the People's Republic of China, dated January 6, 2017. Wuxi Suntech
Power Co., Ltd. commented on the information, arguing that none of
the new information on the record contradicts the Department's
preliminary decision regarding its no shipment claim. No other
parties commented on the information. See Wuxi Suntech Power Co.,
Ltd.'s January 13, 2017 Comments on CBP Information.
\11\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment of
Antidumping Duties); see also the ``Assessment'' section of this
notice, below.
---------------------------------------------------------------------------
Separate Rates
In the Preliminary Results, the Department determined that Canadian
Solar, Trina, and 24 other companies/company groups demonstrated their
eligibility for separate rates, but that Jiangsu Sunlink PV Technology
Co., Ltd., Ningbo Hisheen Electrical Co., Ltd., and Shenzhen Glory had
not demonstrated their entitlement to separate rates status because
they did not file either a separate rate application or certification
with the Department.\12\ However, as noted above, for these Final
Results, the Department has determined that Shenzhen Glory timely filed
a no shipments claim and record information supports its claim.
Additionally, as explained in the Issues and Decision Memorandum, the
Department has determined that Sunny is eligible for separate rate
status, but that Ningbo Qixin Solar Electrical Appliance Co., Ltd.
(Ningbo Qixin) did not meet the requirements for obtaining a separate
rate. Therefore, for these Final Results, the Department finds that
Jiangsu Sunlink PV Technology Co., Ltd., Ningbo Hisheen Electrical Co.,
Ltd., and Ningbo Qixin are not eligible for separate rate status and
thus, are part of the PRC-wide entity. The Department assigned a
dumping margin to the separate rate companies that it did not
individually examine, but which demonstrated their eligibility for a
separate rate, based on the mandatory respondents' dumping margins.\13\
---------------------------------------------------------------------------
\12\ Id.
\13\ See Memorandum, ``Calculation of the Final Dumping Margin
for Separate Rate Recipients,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Final Results of Review
We determine that the following weighted-average dumping margins
exist for the POR:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margins
(percent)
------------------------------------------------------------------------
Canadian Solar International Limited/Canadian Solar 13.07
Manufacturing (Changshu), Inc./Canadian Solar
Manufacturing (Luoyang)Inc./CSI Cells Co., Ltd./CSI-
GCL Solar Manufacturing (YanCheng) Co., Ltd./CSI
Solar Power (China) Inc............................
Changzhou Trina Solar Energy Co., Ltd./Trina Solar 4.66
(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..............................
Chint Solar (Zhejiang) Co., Ltd..................... 6.98
ERA Solar Co., Ltd.................................. 6.98
ET Solar Energy Limited............................. 6.98
Hangzhou Sunny Energy Science & Technology Co., Ltd. 6.98
Hengdian Group DMEGC Magnetics Co., Ltd............. 6.98
JA Solar Technology Yangzhou Co., Ltd............... 6.98
Jiawei Solarchina (Shenzhen) Co., Ltd............... 6.98
Jiawei Solarchina Co., Ltd.......................... 6.98
JingAo Solar Co., Ltd............................... 6.98
Lightway Green New Energy Co., Ltd.................. 6.98
Ningbo ETDZ Holdings, Ltd........................... 6.98
Risen Energy Co., Ltd............................... 6.98
Shanghai BYD Co., Ltd............................... 6.98
Shanghai JA Solar Technology Co., Ltd............... 6.98
Shenzhen Sungold Solar Co., Ltd..................... 6.98
Shenzhen Topray Solar Co., Ltd...................... 6.98
Star Power International Limited.................... 6.98
Systemes Versilis, Inc.............................. 6.98
Taizhou BD Trade Co., Ltd........................... 6.98
tenKsolar (Shanghai) Co., Ltd....................... 6.98
Toenergy Technology Hangzhou Co., Ltd............... 6.98
Wuxi Tianran Photovoltaic Co., Ltd.................. 6.98
Yingli Energy (China) Company Limited/Baoding 6.98
Tianwei Yingli New Energy Resources Co., Ltd./
Tianjin Yingli New Energy Resources Co., Ltd./
Hengshui Yingli New Energy Resources Co., Ltd./
Lixian 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./
Shenzhen Yingli New Energy Resources Co., Ltd......
Zhejiang Era Solar Technology Co., Ltd.............. 6.98
Zhejiang Sunflower Light Energy Science & Technology 6.98
Limited Liability Company..........................
------------------------------------------------------------------------
Because no party requested a review of the PRC-wide entity and the
Department no longer considers the PRC-wide entity as an exporter
conditionally subject to administrative reviews,\14\ we did not conduct
a review of the PRC-wide entity. Thus, the weighted-average dumping
margin for the PRC-wide entity (i.e., 238.95 percent) is not subject to
change as a result of this review.\15\
---------------------------------------------------------------------------
\14\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November
4, 2013).
\15\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2013-2014, 81 FR 39905 (June 20,
2016).
---------------------------------------------------------------------------
Assessment
The Department will determine, and CBP shall assess, antidumping
duties on all appropriate entries covered by this review. The
Department intends to issue assessment instructions to CBP 15 days
[[Page 29036]]
after the publication date of these Final Results of review. In
accordance with 19 CFR 351.212(b)(1), we are calculating importer- (or
customer-)specific assessment rates for the merchandise subject to this
review. For any individually examined respondent whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent), the Department
will calculate importer- (or customer)-specific assessment rates for
merchandise subject to this review. Where the respondent reported
reliable entered values, the Department calculated importer- (or
customer)-specific ad valorem rates by aggregating the dumping margins
calculated for all U.S. sales to the importer- (or customer) and
dividing this amount by the total entered value of the sales to the
importer- (or customer).\16\ Where the Department calculated an
importer- (or customer)-specific weighted-average dumping margin by
dividing the total amount of dumping for reviewed sales to the
importer- (or customer) by the total sales quantity associated with
those transactions, the Department will direct CBP to assess importer-
(or customer)-specific assessment rates based on the resulting per-unit
rates.\17\ Where an importer- (or customer)-specific ad valorem or per-
unit rate is greater than 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 (or customer)-specific ad valorem or per-unit
rate is zero or de minimis, the Department will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\18\
---------------------------------------------------------------------------
\16\ See 19 CFR 351.212(b)(1).
\17\ Id.
\18\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012).
---------------------------------------------------------------------------
For merchandise whose sale/entry was not reported in the U.S. sales
database submitted by an exporter individually examined during this
review, but that entered under the case number of that exporter (i.e.,
at the individually-examined exporter's cash deposit rate), the
Department will instruct CBP to liquidate such entries at the PRC-wide
rate. 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 case number will be
liquidated at the PRC-wide rate.\19\
---------------------------------------------------------------------------
\19\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the Final Results of this administrative review 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 in the Federal Register, as provided by section
751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash
deposit rate will be the rate listed for each exporter in the table in
the ``Final Results of Review'' section of this notice, except if the
rate is zero or de minimis (i.e., less than 0.5 percent), then the cash
deposit rate will be zero; (2) for previously investigated PRC and non-
PRC exporters that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all PRC exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be the rate previously established for the
PRC-wide entity (i.e., 238.95 percent); and (4) for all non-PRC
exporters of subject merchandise which 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.
Disclosure
We intend to disclose the calculations performed for these Final
Results within five days of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b).
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping 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 has occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Orders (APO)
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305, which continues to govern business proprietary information in
this segment of the proceeding. Timely written notification of the
return or 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 notice of the Final Results of this antidumping duty
administrative review is issued and published in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213 and 19 CFR
351.221(b)(5).
Dated: June 20, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Whether the Department Should Apply Partial AFA to
Trina's Unreported Factors of Production for Purchased Solar Cells
Comment 2: Application of Partial AFA To Value Trina's
Unreported FOPs
Comment 3: Whether the Department Should Apply Partial AFA to
Canadian Solar's Unreported Factors of Production for Purchased
Solar Cells
Comment 4: Application of Partial AFA To Value Canadian Solar's
Unreported FOPs
Comment 5: Surrogate Value for Semi-Finished Polysilicon Ingots
and Blocks
Comment 6: Data Source Used to Value Polysilicon and Mono &
Multi Crystalline Wafers and Solar Cells
Comment 7: Surrogate Value for Scrap Cells and Modules
Comment 8: Surrogate Value for Silicon Scrap Offsets
Comment 9: Surrogate Value for Recycled Silicon Scrap
Comment 10: Surrogate Value for Aluminum Frames
Comment 11: Surrogate Value for Backsheet
Comment 12: Surrogate Value for Module Glass
Comment 13: Surrogate Value for Nitrogen
Comment 14: Surrogate Value for Canadian Solar's Silver Paste
Comment 15: Surrogate Value for Quartz Crucibles
Comment 16: Selection of Financial Statements
Comment 17: Trina's Ocean Freight
Comment 18: Differential Pricing
[[Page 29037]]
Comment 19: Calculation of Warranty Expenses
Comment 20: Insurance Costs Related to Warranties
Comment 21: Treatment of Overhead Items
Comment 22: Debt Restructuring Income
Comment 23: Exclusion of Import Data with Values but Quantities
of Zero
Comment 24: Clerical Errors
Comment 25: Separate Rate Status for Shenzhen Glory Industries
Co., Ltd.
Comment 26: Separate Rate Status for Hangzhou Sunny Energy
Science & Technology Co., Ltd.
Comment 27: Separate Rate Status for Ningbo Qixin Solar
Electrical Appliance Co., Ltd.
Comment 28: Toenergy Technology Hangzhou Co., Ltd.'s Liquidation
Instructions
[FR Doc. 2017-13426 Filed 6-26-17; 8:45 am]
BILLING CODE 3510-DS-P