Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2014-2016, 32170-32172 [2017-14611]
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32170
Federal Register / Vol. 82, No. 132 / Wednesday, July 12, 2017 / Notices
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Department has determined, and 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 appropriate
assessment instructions directly to CBP
41 days after publication of the final
results of this administrative review.
For Electrolux, the Department
calculated an ad valorem importerspecific assessment rate equal to the
total amount of dumping calculated for
the importer’s examined sales and the
total entered value of those sales. Where
an importer-specific assessment rate is
zero or de minimis (i.e., less than 0.5
percent), the Department will instruct
CBP to liquidate these entries without
regard to antidumping duties pursuant
to 19 CFR 351.106(c)(2).
The Department’s ‘‘automatic
assessment’’ practice will apply to
entries of subject merchandise during
the POR produced by Electrolux, for
which the company did not know that
its merchandise was destined for the
United States.4 In such instances, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
established in the less-than fair-value
(LTFV) investigation (i.e., 36.52
percent),5 if there is no rate for the
intermediary company(ies) involved in
the transaction.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Electrolux will
be equal to the weighted-average
dumping margin established in the final
results of this administrative review; (2)
for merchandise exported by
manufacturers or exporters not covered
in this administrative review but
covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recentlycompleted segment; (3) if the exporter is
not a firm covered in this review, a prior
review, or the original LTFV
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recently4 See
Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) for a full discussion of this
practice.
5 See Large Residential Washers From Mexico and
the Republic of Korea: Antidumping Duty Orders,
78 FR 11148 (February 15, 2013).
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Jkt 241001
completed segment of this proceeding
for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 36.52
percent, the all-others rate determined
in the LTFV investigation.6 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
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 review period.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification Regarding Administrative
Protective Order
This notice 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). Timely
written notification of return/
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.
This notice is published in
accordance with section 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.213(h) and 351.221(b)(5) of the
Department’s regulations.
Dated: July 5, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of the Issues
Comment 1. The Department’s Use of
Zeroing
Comment 2. Methodological Issues in the
Differential Pricing Analysis
Comment 3. Calculation Errors in
Electrolux’s Margin Program
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VI. Recommendation
[FR Doc. 2017–14610 Filed 7–11–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–010]
Certain Crystalline Silicon Photovoltaic
Products From the People’s Republic
of China: Final Results of Antidumping
Duty Administrative Review and Final
Determination of No Shipments; 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 first administrative review
(AR) of the antidumping duty (AD)
order on certain crystalline silicon
photovoltaic products from the People’s
Republic of China (PRC). The period of
review (POR) for the AR is July 31,
2014, through January 31, 2016. The AR
covers nine companies including one
mandatory respondent. 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 AR. The final
weighted-average dumping margins are
listed below in the ‘‘Final Results of
Review’’ section of this notice.
DATES: Effective July 12, 2017.
FOR FURTHER INFORMATION CONTACT:
Aleksandras Nakutis, AD/CVD
Operations, Office IV, Enforcement &
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–3147.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 7, 2017, the Department
published in the Federal Register the
preliminary results of the 2014–2016 AR
of the antidumping duty order on
certain crystalline silicon photovoltaic
products from the PRC.1 For events
subsequent to the Preliminary Results,
1 See Certain Crystalline Silicon Photovoltaic
Products from the People’s Republic of China:
Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2014–2016, 82 FR
12793 (March 7, 2017) (Preliminary Results) and
accompanying Preliminary Decision Memorandum
(PDM).
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Federal Register / Vol. 82, No. 132 / Wednesday, July 12, 2017 / Notices
see the Department’s Issues and
Decision Memorandum.2
dumping margins for the mandatory
respondent, Trina.4 5
Scope of the Order
The merchandise covered by the order
is modules, laminates and/or panels
consisting of crystalline silicon
photovoltaic cells, whether or not
partially or fully assembled into other
products, including building integrated
materials.3 Merchandise covered by the
order is currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) under
subheadings 8501.61.0000,
8507.20.8030, 8507.20.8040,
8507.20.8060, 8507.20.8090,
8541.40.6020, 8541.40.6030 and
8501.31.8000. These HTSUS
subheadings are provided for
convenience and customs purposes; the
written description of the scope of the
order is dispositive.
Final Determination of No Shipments
In the Preliminary Results, we found
that one company, JA Solar Technology
Co., Ltd. (JA Solar), had no shipments
during the POR.6 Consistent with the
Department’s assessment practice in
NME cases, we completed the review
with respect to JA Solar.7 The
Department placed on the record a
memorandum regarding JA Solar’s no
shipment claim and shipment data from
U.S. Customs and Border Protection
(CBP).8 On May 1, 2017, JA Solar timely
submitted comments regarding the
Department’s memorandum on JA
Solar’s no shipment claim. No parties
submitted rebuttal comments regarding
JA Solar’s no shipment claim. For these
final results, we continue to find that JA
Solar had no shipments during the POR.
As noted in the ‘‘Assessment’’ section
below, the Department will issue
appropriate instructions with respect to
this company to CBP based on our final
results.9 In addition, JA Solar will
maintain its dumping margin from the
most recently completed segment of this
proceeding in which it participated.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
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
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2014–
2016 Antidumping Duty Administrative Review of
Crystalline Silicon Photovoltaic Products From the
People’s Republic of China,’’ (Issues and Decision
Memorandum), dated concurrently with this notice.
3 For a complete description of the scope of the
order, see Issues and Decision Memorandum.
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Separate Rates
In the Preliminary Results, the
Department determined that Trina, and
seven other companies demonstrated
their eligibility for separate rates.10 No
parties commented on this preliminary
decision. For these final results, we
continue to find that the eight
companies listed in the table in the
‘‘Final Results’’ section of this notice are
eligible for separate rates status. The
Department assigned a dumping margin
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
Techology Co., Ltd./Changzhou Trina Solar Yabang
Energy Co., Ltd./Turpan Trina Solar Energy Co.,
Ltd./Hubeui Trina Solar Energy Co., Ltd.
(Collectively, Trina). See Preliminary Results, 82 FR
12793 (March 7, 2017) and PDM at 6.
5 See Issues and Decision Memorandum at
comments 6, 8, 9, and 11.
6 See Preliminary Results.
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011)
(Assessment of Antidumping Duties).
8 See memorandum to interested parties re:
‘‘Certain Crystalline Silicon Photovoltaic Products
from the People’s Republic of China: Shanghai JA
Solar Technology Co., Ltd.’s No-shipment Claim
and Release of U.S. Customs and Border Protection
Information Relating to No Shipment Claims Made
in the 2014–2016 Administrative Review of Certain
Crystalline Silicon Photovoltaic Products from the
People’s Republic of China,’’ dated April 25. 2017.
9 See Assessment of Antidumping Duties; see also
the ‘‘Assessment’’ section of this notice, below.
10 See Preliminary Results.
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32171
to the separate rate companies that it
did not individually examine, but
which demonstrated their eligibility for
a separate rate, based on the mandatory
respondent’s dumping margin.11
Final Results of Review
We determine that the following
weighted-average dumping margins
exist for the POR:
Exporter
Changzhou Trina Solar Energy
Co., Ltd./Trina Solar
(Changzhou) Science and
Technology Co., Ltd./
Yangcheng Trina Solar Energy
Co., Ltd./Turpan Trina Solar
Energy Co., Ltd./Hubei Trina
Solar Energy Co., Ltd. ............
BYD (Shangluo) Industrial Co.,
Ltd ...........................................
Chint Solar (Zhejiang) Co., Ltd ..
Hefei JA Solar Technology Co.,
Ltd ...........................................
Perlight Solar Co., Ltd ................
Shenzhen Sungold Solar Co.,
Ltd ...........................................
Sunny Apex Development Ltd ....
Wuxi Suntech Power Co., Ltd ....
Weightedaverage
dumping
margin
9.61
9.61
9.61
9.61
9.61
9.61
9.61
9.61
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,12 we did not conduct a review
of the PRC-wide entity. Thus, the
weighted-average dumping margin for
the PRC-wide entity (i.e., 165.04
percent) is not subject to change as a
result of this review.13
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
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
11 See Memorandum, ‘‘Calculation of the Final
Dumping Margin for Separate Rate Recipients,’’
dated concurrently with this notice.
12 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).
13 See Certain Silicon Photovoltaic Products from
the People’s Republic of China: Antidumping Duty
Order; and Amended Final Affirmative
Countervailing Duty Determination and
Countervailing Duty Order, 80 FR 8592 (February
18, 2015).
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Federal Register / Vol. 82, No. 132 / Wednesday, July 12, 2017 / Notices
asabaliauskas on DSKBBXCHB2PROD with NOTICES
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).14 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.15
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.16
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.17
14 See
19 CFR 351.212(b)(1).
15 Id.
16 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).
17 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
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17:54 Jul 11, 2017
Jkt 241001
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results of
review for shipments of the subject
merchandise from the PRC entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Act: (1) For the companies listed
above the cash deposit rate will be their
respective rate established in the final
results of this review; (2) for previously
investigated PRC and non-PRC exporters
not listed above that have separate rates,
the cash deposit rate will continue to be
the exporter-specific rate published for
the most recent period; (3) for all PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the rate for the PRC-wide entity (i.e.,
165.04 percent); 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)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. 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 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.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
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: July 5, 2017.
Carole Showers,
Executive Director, Office of Policy,
performing the duties of the Deputy Assistant
Secretary for Enforcement and Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
Summary
Background
Scope of the Order
List of Abbreviations and Acronyms
Discussion of the Issues
Comment 1: Scope of the Order
(A) The Scope of the Order Is Unlawful
(B) The Final Scope Determination Does
Not Apply Retroactively
Comment 2: CVD Export Subsidies
Comment 3: Use of Zero Import Quantity
Comment 4: Use of Differential Pricing
Analysis
Comment 5: Surrogate Value for Aluminum
Frames
Comment 6: Surrogate Value for Scrap
Modules
Comment 7: Exclusion of Certain Sales in the
Calculation of Dumping Margin
Comment 8: Warranty Expenses
Comment 9: Debt Restructuring Income
Comment 10: Surrogate Value for Module
Glass
Comment 11: Selection of Financial
Statements
Comment 12: JA Solar Technology Co., Ltd.’s
No Shipments Claim
[FR Doc. 2017–14611 Filed 7–11–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket Number 170627596–7596–01]
Strengthening the Cybersecurity of
Federal Networks and Critical
Infrastructure: Workforce Development
National Institute of Standards
and Technology (NIST), Department of
Commerce.
ACTION: Notice; Request for Information
(RFI).
AGENCY:
Executive Order 13800,
‘‘Strengthening the Cybersecurity of
Federal Networks and Critical
Infrastructure’’ (the ‘‘Executive Order’’),
directs the Secretary of Commerce, in
conjunction with the Secretary of
Homeland Security, and in consultation
SUMMARY:
E:\FR\FM\12JYN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 132 (Wednesday, July 12, 2017)]
[Notices]
[Pages 32170-32172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14611]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-010]
Certain Crystalline Silicon Photovoltaic Products From the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments; 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 first administrative review
(AR) of the antidumping duty (AD) order on certain crystalline silicon
photovoltaic products from the People's Republic of China (PRC). The
period of review (POR) for the AR is July 31, 2014, through January 31,
2016. The AR covers nine companies including one mandatory respondent.
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 AR.
The final weighted-average dumping margins are listed below in the
``Final Results of Review'' section of this notice.
DATES: Effective July 12, 2017.
FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis, AD/CVD
Operations, Office IV, Enforcement & Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-3147.
SUPPLEMENTARY INFORMATION:
Background
On March 7, 2017, the Department published in the Federal Register
the preliminary results of the 2014-2016 AR of the antidumping duty
order on certain crystalline silicon photovoltaic products from the
PRC.\1\ For events subsequent to the Preliminary Results,
[[Page 32171]]
see the Department's Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Certain Crystalline Silicon Photovoltaic Products from
the People's Republic of China: Preliminary Results of Antidumping
Duty Administrative Review and Preliminary Determination of No
Shipments; 2014-2016, 82 FR 12793 (March 7, 2017) (Preliminary
Results) and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2014-2016 Antidumping Duty Administrative
Review of Crystalline Silicon Photovoltaic Products From the
People's Republic of China,'' (Issues and Decision Memorandum),
dated concurrently with this notice.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order is modules, laminates and/or
panels consisting of crystalline silicon photovoltaic cells, whether or
not partially or fully assembled into other products, including
building integrated materials.\3\ Merchandise covered by the order is
currently classified in the Harmonized Tariff Schedule of the United
States (HTSUS) under subheadings 8501.61.0000, 8507.20.8030,
8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030
and 8501.31.8000. These HTSUS subheadings are provided for convenience
and customs purposes; the written description of the scope of the order
is dispositive.
---------------------------------------------------------------------------
\3\ 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 the mandatory respondent, Trina.4 5
---------------------------------------------------------------------------
\4\ 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 Techology
Co., Ltd./Changzhou Trina Solar Yabang Energy Co., Ltd./Turpan Trina
Solar Energy Co., Ltd./Hubeui Trina Solar Energy Co., Ltd.
(Collectively, Trina). See Preliminary Results, 82 FR 12793 (March
7, 2017) and PDM at 6.
\5\ See Issues and Decision Memorandum at comments 6, 8, 9, and
11.
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, we found that one company, JA Solar
Technology Co., Ltd. (JA Solar), had no shipments during the POR.\6\
Consistent with the Department's assessment practice in NME cases, we
completed the review with respect to JA Solar.\7\ The Department placed
on the record a memorandum regarding JA Solar's no shipment claim and
shipment data from U.S. Customs and Border Protection (CBP).\8\ On May
1, 2017, JA Solar timely submitted comments regarding the Department's
memorandum on JA Solar's no shipment claim. No parties submitted
rebuttal comments regarding JA Solar's no shipment claim. For these
final results, we continue to find that JA Solar had no shipments
during the POR. As noted in the ``Assessment'' section below, the
Department will issue appropriate instructions with respect to this
company to CBP based on our final results.\9\ In addition, JA Solar
will maintain its dumping margin from the most recently completed
segment of this proceeding in which it participated.
---------------------------------------------------------------------------
\6\ See Preliminary Results.
\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011)
(Assessment of Antidumping Duties).
\8\ See memorandum to interested parties re: ``Certain
Crystalline Silicon Photovoltaic Products from the People's Republic
of China: Shanghai JA Solar Technology Co., Ltd.'s No-shipment Claim
and Release of U.S. Customs and Border Protection Information
Relating to No Shipment Claims Made in the 2014-2016 Administrative
Review of Certain Crystalline Silicon Photovoltaic Products from the
People's Republic of China,'' dated April 25. 2017.
\9\ See Assessment of Antidumping Duties; see also the
``Assessment'' section of this notice, below.
---------------------------------------------------------------------------
Separate Rates
In the Preliminary Results, the Department determined that Trina,
and seven other companies demonstrated their eligibility for separate
rates.\10\ No parties commented on this preliminary decision. For these
final results, we continue to find that the eight companies listed in
the table in the ``Final Results'' section of this notice are eligible
for separate rates status. 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 respondent's dumping margin.\11\
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\10\ See Preliminary Results.
\11\ See Memorandum, ``Calculation of the Final Dumping Margin
for Separate Rate Recipients,'' dated concurrently with this notice.
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Final Results of Review
We determine that the following weighted-average dumping margins
exist for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
------------------------------------------------------------------------
Changzhou Trina Solar Energy Co., Ltd./Trina Solar 9.61
(Changzhou) Science and Technology Co., Ltd./Yangcheng
Trina Solar Energy Co., Ltd./Turpan Trina Solar Energy Co.,
Ltd./Hubei Trina Solar Energy Co., Ltd.....................
BYD (Shangluo) Industrial Co., Ltd.......................... 9.61
Chint Solar (Zhejiang) Co., Ltd............................. 9.61
Hefei JA Solar Technology Co., Ltd.......................... 9.61
Perlight Solar Co., Ltd..................................... 9.61
Shenzhen Sungold Solar Co., Ltd............................. 9.61
Sunny Apex Development Ltd.................................. 9.61
Wuxi Suntech Power Co., Ltd................................. 9.61
------------------------------------------------------------------------
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,\12\ we did not conduct
a review of the PRC-wide entity. Thus, the weighted-average dumping
margin for the PRC-wide entity (i.e., 165.04 percent) is not subject to
change as a result of this review.\13\
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\12\ 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).
\13\ See Certain Silicon Photovoltaic Products from the People's
Republic of China: Antidumping Duty Order; and Amended Final
Affirmative Countervailing Duty Determination and Countervailing
Duty Order, 80 FR 8592 (February 18, 2015).
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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
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
[[Page 32172]]
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).\14\ 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.\15\ 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.\16\
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\14\ See 19 CFR 351.212(b)(1).
\15\ Id.
\16\ 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).
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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.\17\
---------------------------------------------------------------------------
\17\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of review for shipments of the
subject merchandise from the PRC entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Act: (1) For the companies listed above the
cash deposit rate will be their respective rate established in the
final results of this review; (2) for previously investigated PRC and
non-PRC exporters not listed above that have separate rates, the cash
deposit rate will continue to be the exporter-specific rate published
for the most recent period; (3) for all PRC exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be the rate for the PRC-wide entity
(i.e., 165.04 percent); 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)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. 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 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: July 5, 2017.
Carole Showers,
Executive Director, Office of Policy, performing the duties of the
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
Summary
Background
Scope of the Order
List of Abbreviations and Acronyms
Discussion of the Issues
Comment 1: Scope of the Order
(A) The Scope of the Order Is Unlawful
(B) The Final Scope Determination Does Not Apply Retroactively
Comment 2: CVD Export Subsidies
Comment 3: Use of Zero Import Quantity
Comment 4: Use of Differential Pricing Analysis
Comment 5: Surrogate Value for Aluminum Frames
Comment 6: Surrogate Value for Scrap Modules
Comment 7: Exclusion of Certain Sales in the Calculation of Dumping
Margin
Comment 8: Warranty Expenses
Comment 9: Debt Restructuring Income
Comment 10: Surrogate Value for Module Glass
Comment 11: Selection of Financial Statements
Comment 12: JA Solar Technology Co., Ltd.'s No Shipments Claim
[FR Doc. 2017-14611 Filed 7-11-17; 8:45 am]
BILLING CODE 3510-DS-P
