Certain Crystalline Silicon Photovoltaic Products From Taiwan: Final Results of Antidumping Duty Administrative Review; 2014-2016, 31555-31557 [2017-14281]
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asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices
Kodak would be able to choose the duty
rate during customs entry procedures
that apply to: Flexographic finished
plates; aluminum finished printing
plates; thermo imaging layer; direct
imaging recording film sheets; and,
direct imaging record film rolls (duty
rates range from free to 3.7%). Customs
duties also could possibly be deferred or
reduced on foreign-status production
equipment.
The materials/components sourced
from abroad include: Aging inhibitor;
stabilizer; photopolymerization
initiator; resins for coating;
ethanaminium; inhibitor; coating
solvent; light stabilizer for coating; 3HIndolium; photoinitiators; coatings for
plates; aluminum finished printing
plates; flexographic finished plates; mat
film sheets; butadiene polymers;
thermoplastic elastomers; plate
manufacturing chemicals; intermediates
for production of printing plates; copolymers; monomers; propenoic acid;
naphthalenesulfonic acid; urethane
acrylate polymers; phonolic resin
solutions; foam interleave sheets;
aluminum coils of aluminum not
alloyed; aluminum coils of aluminum
alloys; aluminum coils of a thickness
not exceeding 0.15mm: of a thickness
exceeding 0.01mm; and, aluminum coils
of a thickness exceeding 0.15mm but
not exceeding 0.2mm (duty rates range
from free to 6.5%).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the address below. The
closing period for their receipt is August
16, 2017.
A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
Web site, which is accessible via
www.trade.gov/ftz.
For further information, contact
Christopher Wedderburn at
Chris.Wedderburn@trade.gov or (202)
482–1963.
Dated: July 3, 2017.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2017–14279 Filed 7–6–17; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–853]
Certain Crystalline Silicon Photovoltaic
Products From Taiwan: Final Results
of Antidumping Duty Administrative
Review; 2014–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 7, 2017, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on certain
crystalline silicon photovoltaic products
(solar products) from Taiwan. The
period of review (POR) is July 31, 2014,
through January 31, 2016. Based on our
analysis of the comments received, we
have made certain changes to the
margin calculations with respect to
Sino-American Silicon Products Inc.
and Solartech Energy Corp., and,
therefore, the final results differ from
the preliminary results. We made no
changes to the preliminary results with
respect to Motech Industries, Inc. The
final weighted-average dumping
margins are listed below in the section
‘‘Final Results of Review.’’
DATES: Effective July 7, 2017.
FOR FURTHER INFORMATION CONTACT:
Magd Zalok or Thomas Martin, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–4162 or (202) 482–3936,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On March 7, 2017, the Department
published the Preliminary Results of
this administrative review.1 For the
events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.2 These final
Crystalline Silicon Photovoltaic
Products From Taiwan: Preliminary Results of
Antidumping Duty Administrative Review and
Partial Rescission of Antidumping Duty
Administrative Review; 2014–2016, 82 FR 12802
(March 7, 2017) (Preliminary Results), and
accompanying Memorandum, ‘‘Decision
Memorandum for the Preliminary Results of the
2014–2016 Antidumping Duty Administrative
Review of Certain Crystalline Silicon Photovoltaic
Products from Taiwan,’’ dated February 28, 2017
(Preliminary Decision Memorandum).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2014–
2016 Administrative Review of the Antidumping
Duty Order on Certain Crystalline Silicon
Photovoltaic Products from Taiwan,’’ dated
PO 00000
1 Certain
Frm 00008
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31555
results cover 12 companies.3 The
Department conducted this review in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise covered by this
order is crystalline silicon photovoltaic
cells, and 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. Merchandise covered by this
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 is
dispositive.4
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 with this notice. A list of the
issues which parties raised, and to
which we responded in the Issues and
Decision Memorandum, can be found in
the 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 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 Issues and
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
concurrently with this notice and incorporated
herein by reference (Issues and Decision
Memorandum).
3 The Preliminary Results covered 14 companies.
See Preliminary Results, 82 FR at 12803.
Subsequently, the Department collapsed SinoAmerican Silicon Products Inc. (SAS) and Solartech
Energy Corp. See Preliminary Decision
Memorandum at 3–4. In these final results, the
Department has determined that SAS should also be
collapsed with Sunrise Global Solar Energy. See
Issues and Decision Memorandum at Comment 3.
Thus, these final results cover two mandatory
respondents, and 10 companies not individually
examined. See Final Results of Review section
below, for a list of all of the companies.
4 For a complete description of the scope of the
order, see the Issues and Decision Memorandum.
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Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices
Memorandum and the 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 Sino-American
Silicon Products Inc. (SAS) and
Solartech Energy Corp. (Solartech)
(hereinafter, SAS-Solartech).5 6 For
Motech Industries, Inc. (Motech), the
Department made no changes to the
Preliminary Results.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Rate for Non-Examined Companies
The statute and the Department’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for examination
when the Department limits its
examination in an administrative review
pursuant to section 777A(c)(2) 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 a market economy
investigation, for guidance when
calculating the rate for companies
which were not selected for individual
review in an administrative review.
Under section 735(c)(5)(A) of the Act,
the all-others rate is normally ‘‘an
amount equal to the weighted average of
the estimated weighted average
dumping margins established for
exporters and producers individually
investigated, excluding any zero or de
minimis margins, and any margins
determined entirely {on the basis of
facts available}.’’
In this review, we calculated
weighted-average dumping margins for
SAS-Solartech and Motech that are not
zero, de minimis, or determined entirely
on the basis of facts available. With two
respondents, we normally calculate (A)
a weighted-average of the dumping
margins calculated for the mandatory
respondents; (B) a simple average of the
dumping margins calculated for the
mandatory respondents; and (C) a
weighted-average of the dumping
margins calculated for the mandatory
5 See Issues and Decision Memorandum at
comments 4, 7, 10 and 11.
6 See Memorandum to The File Through Robert
Bolling, Program Manager, AD/CVD Operations,
Office IV, From Magd Zalok, AD/CVD Operations,
Office 4: 2014–2016 Antidumping Duty
Administrative Review of Certain Crystalline
Silicon Photovoltaic Products from Taiwan, Final
Results Analysis for the SAS-Solartech Entity
(Analysis Memorandum for the Final Results),
dated concurrently with this notice.
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20:56 Jul 06, 2017
Jkt 241001
respondents using each company’s
publicly-ranged values for the
merchandise under consideration. We
compare (B) and (C) to (A) and select the
rate closest to (A) as the most
appropriate rate for all other
companies.7 Accordingly, we have
applied a rate of 4.10 percent to the nonselected companies, as set forth in the
chart below.8
Final Results of Review
The Department determines that the
following weighted-average dumping
margins exist for the period July 31,
2014, through January 31, 2016:
Manufacturer/exporter
Sino-American Silicon Products Inc./Solartech Energy
Corp ..................................
Motech Industries, Inc ..........
AU Optronics Corporation ....
EEPV CORP .........................
E-TON Solar Tech. Co., Ltd
Gintech Energy Corporation
Inventec Energy Corporation
Inventec Solar Energy Corporation .............................
Kyocera Mexicana S.A. de
C.V ....................................
Sunengine Corporation Ltd ..
TSEC Corporation ................
Win Win Precision Technology Co., Ltd ..................
Weightedaverage
margin
(percent)
3.56
4.20
4.10
4.10
4.10
4.10
4.10
4.10
4.10
4.10
4.10
4.10
Disclosure
The Department intends to disclose
the calculations performed for these
final 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).
Assessment
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), the
Department shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of the final results of
this administrative review in the
Federal Register.
7 See Ball Bearings and Parts Thereof From
France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (September 1, 2010).
8 See Memorandum from Thomas Martin to the
File, ‘‘Calculation of the Rate for Non-Selected
Respondents,’’ dated dated concurrently with this
notice.
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Where the respondent reported
reliable entered values, we calculated
importer- (or customer-) specific ad
valorem rates by aggregating the
dumping margins calculated for all U.S.
sales to each importer (or customer) and
dividing this amount by the total
entered value of the sales to each
importer (or customer).9 Where the
Department calculated a weightedaverage dumping margin by dividing the
total amount of dumping for reviewed
sales to that party 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.10 Where an
importer- (or customer-) specific ad
valorem or per-unit rate is greater than
de minimis (i.e., 0.50 percent), the
Department will instruct CBP to collect
the appropriate duties at the time of
liquidation.11 Where an importer- (or
customer-) specific ad valorem or perunit rate is zero or de minimis, the
Department will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.12
For the companies which were not
selected for individual review, we will
assign an assessment rate based on the
methodology described in the ‘‘Rates for
Non-Examined Companies’’ section,
above.
Consistent with the Department’s
assessment practice, for entries of
subject merchandise during the POR
produced by SAS-Solartech, Motech, or
the non-examined companies for which
the producer did not know that its
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.13
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
for by section 751(a)(2)(C) of the Act: (1)
The cash deposit rates for the
companies listed in these final results
will be equal to the weighted-average
dumping margins established in the
9 See
19 CFR 351.212(b)(1).
10 Id.
11 Id.
12 See
19 CFR 351.106(c)(2).
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
13 For
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Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices
final results of this review; (2) for
merchandise exported by producers or
exporters not covered in this review but
covered in a prior segment of this
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment in which the
company was reviewed; (3) if the
exporter is not a firm covered in this
review or the original less-than-fairvalue (LTFV) investigation, but the
producer is, the cash deposit rate will be
the rate established for the most recently
completed segment of this proceeding
for the producer of the subject
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 19.50 percent,14 the
all-others rate established in the LTFV
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) 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
occurred and the subsequent assessment
of double antidumping duties.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Notification to Interested Parties
Regarding Administrative Protective
Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), 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 the terms of an APO is
a sanctionable violation.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h).
14 See Certain Crystalline Silicon Photovoltaic
Products: Final Determination of Sales at Less Than
Fair Value, 79 FR 76966 (December 23, 2014).
VerDate Sep<11>2014
20:56 Jul 06, 2017
Jkt 241001
Dated: June 29, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. List of Issues
A. SAS-Solartech-Specific Issues
Comment 1: Whether Products Shipped to
the United States are Third-Country
Sales
Comment 2: Whether To Exclude Priced
Sample Sales
Comment 3: Whether To Assign SASSolartech’s Rate to Sunrise Global Solar
Energy
Comment 4: Whether To Revise the MFRH/
U Fields To Reflect the Collapsed Entity
Comment 5: Whether To Revise the Draft
Cash Deposit and Assessment
Instructions
Comment 6: Differential Pricing
Comment 7: Cost of Manufacturing for
Grade 4 Non-Prime Products
Comment 8: Scrap Offset for Two Resold
CONNUMs
Comment 9: Year-End Adjustment for
Items Relating to Profit
Comment 10: Loss in Inventory
Devaluation
Comment 11: Other CPA Adjustment
Comment 12: Scrap Offset
Comment 13: Rental Expenses
Comment 14: Fixed Overhead Costs
Comment 15: G&A and Financial Expenses
B. Motech-Specific Issues
Comment 16: Whether To Apply Partial
AFA to Motech’s Reported Per-Unit
Costs
Comment 17: Whether To Deny Motech’s
Offset for Silver Paste Scrap
Comment 18: Whether To Include Fire
Losses in Motech’s General and
Administrative (‘‘G&A’’) Expenses
Comment 19: Whether To Exclude
Motech’s Reported ‘‘Indirect’’ U.S. Sales
for One Customer
III. Background
IV. Scope of the Order
V. Margin Calculations
VI. Discussion of the Issues
VII. Recommendation
[FR Doc. 2017–14281 Filed 7–6–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–863]
Honey From the People’s Republic of
China: Preliminary Rescission of the
New Shipper Review and Preliminary
Results of the Administrative Review;
2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
PO 00000
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Fmt 4703
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31557
The Department of Commerce
(the Department) aligned the 2015–2016
new shipper review of the antidumping
duty order on honey from the People’s
Republic of China (PRC) with the 2015–
2016 administrative review of the same
order covering the same period of
review (POR), and is therefore
conducting the reviews concurrently.
The POR for the administrative review
and the new shipper review is
December 1, 2015, through November
30, 2016. As discussed below, the
Department is preliminarily rescinding
the new shipper with respect to Jiangsu
Runchen Agricultural/Sideline
Foodstuff Co., Ltd. (Jiangsu Runchen)
and has preliminarily found that
Shanghai Sunbeauty Trading Co., Ltd.
(Sunbeauty) is not eligible to receive a
separate rate.
DATES: Effective July 7, 2017.
FOR FURTHER INFORMATION CONTACT:
Carrie Bethea, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–1491.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On December 1, 2016, the Department
published a notice of opportunity to
request an AR of the antidumping duty
order on honey from the PRC for the
POR.1 On December 28, 2016,
Sunbeauty requested that the
Department conduct an administrative
review of the sales of subject
merchandise exported by Sunbeauty
during the POR.2 On January 3, 2017,
the American Honey Producers
Association and Sioux Honey Producers
Association (collectively, the
petitioners) requested that the
Department conduct an administrative
review.3 On February 13, 2017, based on
the timely requests for administrative
review, the Department initiated an
administrative review of two exporters/
producers, Shayang Xianghe and
Sunbeauty.4 On February 28, 2017, the
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 81 FR 86694
(December 1, 2016).
2 See Letter to the Secretary from Sunbeauty re:
Request for Administrative Review; 2015–2016,
dated December 28, 2016.
3 See Letter to the Secretary from Petitioners re:
Request for Administrative Review; 2015–2016,
dated January 3, 2017.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
10457, 10460 (February 13, 2017) (AR Initiation
Notice); see also Letter to the Secretary from
Petitioners re: Petitioners’ Withdrawal of Request
for Administrative Review of Jiangsu Runchen
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Continued
07JYN1
]]>Agencies
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31555-31557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14281]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-853]
Certain Crystalline Silicon Photovoltaic Products From Taiwan:
Final Results of Antidumping Duty Administrative Review; 2014-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 7, 2017, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on certain crystalline silicon photovoltaic
products (solar products) from Taiwan. The period of review (POR) is
July 31, 2014, through January 31, 2016. Based on our analysis of the
comments received, we have made certain changes to the margin
calculations with respect to Sino-American Silicon Products Inc. and
Solartech Energy Corp., and, therefore, the final results differ from
the preliminary results. We made no changes to the preliminary results
with respect to Motech Industries, Inc. The final weighted-average
dumping margins are listed below in the section ``Final Results of
Review.''
DATES: Effective July 7, 2017.
FOR FURTHER INFORMATION CONTACT: Magd Zalok or Thomas Martin, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-4162 or (202) 482-3936,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 7, 2017, the Department published the Preliminary Results
of this administrative review.\1\ For the events that occurred since
the Preliminary Results, see the Issues and Decision Memorandum.\2\
These final results cover 12 companies.\3\ The Department conducted
this review in accordance with section 751(a) of the Tariff Act of
1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ Certain Crystalline Silicon Photovoltaic Products From
Taiwan: Preliminary Results of Antidumping Duty Administrative
Review and Partial Rescission of Antidumping Duty Administrative
Review; 2014-2016, 82 FR 12802 (March 7, 2017) (Preliminary
Results), and accompanying Memorandum, ``Decision Memorandum for the
Preliminary Results of the 2014-2016 Antidumping Duty Administrative
Review of Certain Crystalline Silicon Photovoltaic Products from
Taiwan,'' dated February 28, 2017 (Preliminary Decision Memorandum).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2014-2016 Administrative Review of the
Antidumping Duty Order on Certain Crystalline Silicon Photovoltaic
Products from Taiwan,'' dated concurrently with this notice and
incorporated herein by reference (Issues and Decision Memorandum).
\3\ The Preliminary Results covered 14 companies. See
Preliminary Results, 82 FR at 12803. Subsequently, the Department
collapsed Sino-American Silicon Products Inc. (SAS) and Solartech
Energy Corp. See Preliminary Decision Memorandum at 3-4. In these
final results, the Department has determined that SAS should also be
collapsed with Sunrise Global Solar Energy. See Issues and Decision
Memorandum at Comment 3. Thus, these final results cover two
mandatory respondents, and 10 companies not individually examined.
See Final Results of Review section below, for a list of all of the
companies.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order is crystalline silicon
photovoltaic cells, and 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. Merchandise covered by this 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 is dispositive.\4\
---------------------------------------------------------------------------
\4\ For a complete description of the scope of the order, see
the 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 with this notice. A list of the issues which
parties raised, and to which we responded in the Issues and Decision
Memorandum, can be found in the 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 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 Issues and
Decision Memorandum can be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The signed Issues and Decision
[[Page 31556]]
Memorandum and the 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 Sino-American Silicon Products Inc. (SAS) and
Solartech Energy Corp. (Solartech) (hereinafter, SAS-
Solartech).5 6 For Motech Industries, Inc. (Motech), the
Department made no changes to the Preliminary Results.
---------------------------------------------------------------------------
\5\ See Issues and Decision Memorandum at comments 4, 7, 10 and
11.
\6\ See Memorandum to The File Through Robert Bolling, Program
Manager, AD/CVD Operations, Office IV, From Magd Zalok, AD/CVD
Operations, Office 4: 2014-2016 Antidumping Duty Administrative
Review of Certain Crystalline Silicon Photovoltaic Products from
Taiwan, Final Results Analysis for the SAS-Solartech Entity
(Analysis Memorandum for the Final Results), dated concurrently with
this notice.
---------------------------------------------------------------------------
Rate for Non-Examined Companies
The statute and the Department's regulations do not address the
establishment of a rate to be applied to companies not selected for
examination when the Department limits its examination in an
administrative review pursuant to section 777A(c)(2) 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 a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual review in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of
the estimated weighted average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In this review, we calculated weighted-average dumping margins for
SAS-Solartech and Motech that are not zero, de minimis, or determined
entirely on the basis of facts available. With two respondents, we
normally calculate (A) a weighted-average of the dumping margins
calculated for the mandatory respondents; (B) a simple average of the
dumping margins calculated for the mandatory respondents; and (C) a
weighted-average of the dumping margins calculated for the mandatory
respondents using each company's publicly-ranged values for the
merchandise under consideration. We compare (B) and (C) to (A) and
select the rate closest to (A) as the most appropriate rate for all
other companies.\7\ Accordingly, we have applied a rate of 4.10 percent
to the non-selected companies, as set forth in the chart below.\8\
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\7\ See Ball Bearings and Parts Thereof From France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
\8\ See Memorandum from Thomas Martin to the File, ``Calculation
of the Rate for Non-Selected Respondents,'' dated dated concurrently
with this notice.
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Final Results of Review
The Department determines that the following weighted-average
dumping margins exist for the period July 31, 2014, through January 31,
2016:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
Sino-American Silicon Products Inc./Solartech Energy 3.56
Corp...................................................
Motech Industries, Inc.................................. 4.20
AU Optronics Corporation................................ 4.10
EEPV CORP............................................... 4.10
E-TON Solar Tech. Co., Ltd.............................. 4.10
Gintech Energy Corporation.............................. 4.10
Inventec Energy Corporation............................. 4.10
Inventec Solar Energy Corporation....................... 4.10
Kyocera Mexicana S.A. de C.V............................ 4.10
Sunengine Corporation Ltd............................... 4.10
TSEC Corporation........................................ 4.10
Win Win Precision Technology Co., Ltd................... 4.10
------------------------------------------------------------------------
Disclosure
The Department intends to disclose the calculations performed for
these final 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).
Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
the Department shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with the final results of this
review. The Department intends to issue assessment instructions to CBP
15 days after the date of publication of the final results of this
administrative review in the Federal Register.
Where the respondent reported reliable entered values, we
calculated importer- (or customer-) specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\9\ Where the
Department calculated a weighted-average dumping margin by dividing the
total amount of dumping for reviewed sales to that party 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.\10\ Where an importer- (or
customer-) specific ad valorem or per-unit rate is greater than de
minimis (i.e., 0.50 percent), the Department will instruct CBP to
collect the appropriate duties at the time of liquidation.\11\ Where 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.\12\
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\9\ See 19 CFR 351.212(b)(1).
\10\ Id.
\11\ Id.
\12\ See 19 CFR 351.106(c)(2).
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For the companies which were not selected for individual review, we
will assign an assessment rate based on the methodology described in
the ``Rates for Non-Examined Companies'' section, above.
Consistent with the Department's assessment practice, for entries
of subject merchandise during the POR produced by SAS-Solartech,
Motech, or the non-examined companies for which the producer did not
know that its merchandise was destined for the United States, we will
instruct CBP to liquidate unreviewed entries at the all-others rate if
there is no rate for the intermediate company(ies) involved in the
transaction.\13\
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\13\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, as provided for by section 751(a)(2)(C)
of the Act: (1) The cash deposit rates for the companies listed in
these final results will be equal to the weighted-average dumping
margins established in the
[[Page 31557]]
final results of this review; (2) for merchandise exported by producers
or exporters not covered in this review but covered in a prior segment
of this proceeding, the cash deposit rate will continue to be the
company-specific rate published for the most recently completed segment
in which the company was reviewed; (3) if the exporter is not a firm
covered in this review or the original less-than-fair-value (LTFV)
investigation, but the producer is, the cash deposit rate will be the
rate established for the most recently completed segment of this
proceeding for the producer of the subject merchandise; and (4) the
cash deposit rate for all other producers or exporters will continue to
be 19.50 percent,\14\ the all-others rate established in the LTFV
investigation. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\14\ See Certain Crystalline Silicon Photovoltaic Products:
Final Determination of Sales at Less Than Fair Value, 79 FR 76966
(December 23, 2014).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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 occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties Regarding Administrative Protective
Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), 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 the terms of an
APO is a sanctionable violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).
Dated: June 29, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. List of Issues
A. SAS-Solartech-Specific Issues
Comment 1: Whether Products Shipped to the United States are
Third-Country Sales
Comment 2: Whether To Exclude Priced Sample Sales
Comment 3: Whether To Assign SAS-Solartech's Rate to Sunrise
Global Solar Energy
Comment 4: Whether To Revise the MFRH/U Fields To Reflect the
Collapsed Entity
Comment 5: Whether To Revise the Draft Cash Deposit and
Assessment Instructions
Comment 6: Differential Pricing
Comment 7: Cost of Manufacturing for Grade 4 Non-Prime Products
Comment 8: Scrap Offset for Two Resold CONNUMs
Comment 9: Year-End Adjustment for Items Relating to Profit
Comment 10: Loss in Inventory Devaluation
Comment 11: Other CPA Adjustment
Comment 12: Scrap Offset
Comment 13: Rental Expenses
Comment 14: Fixed Overhead Costs
Comment 15: G&A and Financial Expenses
B. Motech-Specific Issues
Comment 16: Whether To Apply Partial AFA to Motech's Reported
Per-Unit Costs
Comment 17: Whether To Deny Motech's Offset for Silver Paste
Scrap
Comment 18: Whether To Include Fire Losses in Motech's General
and Administrative (``G&A'') Expenses
Comment 19: Whether To Exclude Motech's Reported ``Indirect''
U.S. Sales for One Customer
III. Background
IV. Scope of the Order
V. Margin Calculations
VI. Discussion of the Issues
VII. Recommendation
[FR Doc. 2017-14281 Filed 7-6-17; 8:45 am]
BILLING CODE 3510-DS-P
