Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2014-2015, 40560-40563 [2017-18047]
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sradovich on DSK3GMQ082PROD with NOTICES
40560
Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Notices
initiating this anticircumvention
inquiry.
With respect to the additional factors
listed under section 781(b)(3) of the Act,
we find that the petitioners presented
evidence indicating that shipments of
butt-weld pipe fittings from Malaysia to
the United States increased since the
imposition of the Order and that
shipments of butt-weld pipe fittings
from the PRC to Malaysia also increased
since the Order took effect, further
supporting initiation of this anticircumvention inquiry.53
Accordingly, we are initiating a
formal anti-circumvention inquiry
concerning the Order on butt-weld pipe
fittings from the PRC, pursuant to
section 781(b) of the Act.
In connection with this anticircumvention inquiry, in order to
determine: (1) The extent to which PRCsourced unfinished or finished buttweld pipe fittings is further processed
into butt-weld pipe fittings in Malaysia
before shipment to the United States; (2)
the extent to which a country-wide
finding applicable to all exports might
be warranted, as alleged by the
petitioners; and (3) whether the process
of turning PRC-sourced unfinished or
finished butt-weld pipe fittings into
finished butt-weld pipe fittings
processed in Malaysia is minor or
insignificant, the Department will issue
questionnaires to Malaysian producers
and exporters of butt-weld pipe fittings
to the United States. The Department
will issue questionnaires to solicit
information from the Malaysian
producers and exporters concerning
their shipments of butt-weld pipe
fittings to the United States and the
origin of the imported unfinished or
finished butt-weld pipe fittings being
processed into butt-weld pipe fittings.
Companies failing to respond
completely and timely to the
Department’s questionnaire may be
deemed uncooperative and an adverse
inference may be applied in
determining whether such companies
are circumventing the Order. See
section 776 of the Act.
Finally, while we believe sufficient
factual information has been submitted
by the petitioners supporting their
request for an inquiry, we do not find
that the record supports the
simultaneous issuance of a preliminary
ruling. Such inquiries are by their
nature complicated and require
additional information regarding
production in both the country subject
to the order and the third-country
completing the product. As noted above,
53 See the petitioners’ Request at 23–5 and
Attachment 4.
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the Department intends to request
additional information regarding the
statutory criteria to determine whether
shipments of butt-weld pipe fittings
from Malaysia are circumventing the
Order on butt-weld pipe fittings from
the PRC. Thus, further development of
the record is required before a
preliminary ruling can be issued.
Notification to Interested Parties
In accordance with 19 CFR
351.225(e), the Department finds that
the issue of whether a product is
included within the scope of any order
cannot be determined based solely upon
the application and the descriptions of
the merchandise. Accordingly, the
Department will notify by mail all
parties on the Department’s scope
service list of the initiation of anticircumvention inquiries. Additionally,
in accordance with 19 CFR
351.225(f)(1)(i) and (ii), in this notice of
initiation issued under 19 CFR
351.225(e), we included a description of
the product that is the subject of this
anti-circumvention inquiry (i.e., buttweld pipe fittings that contain the
characteristics as provided in the scope
of the Order), and an explanation of the
reasons for the Department’s decision to
initiate this anti-circumvention inquiry,
as provided above.
In accordance with 19 CFR
351.225(1)(2), if the Department issues
an affirmative preliminary
determination, we will then instruct
U.S. Customs and Border Protection to
suspend liquidation and require cash
deposits of estimated antidumping
duties, at the applicable rates, for each
unliquidated entry of the merchandise
at issue, entered or withdrawn from
warehouse for consumption on or after
the date of initiation of the inquiry. The
Department will establish a schedule for
questionnaires and comments for this
inquiry. In accordance with section
781(f) of the Act and 19 CFR
351.225(f)(5), the Department intends to
issue its final determination within 300
days of the date of publication of this
notice.
This notice is published in
accordance with 19 CFR 351.225(f).
Dated: August 21, 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.
[FR Doc. 2017–18046 Filed 8–24–17; 8:45 am]
BILLING CODE 3510–DS–P
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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: Amended Final Results of
Antidumping Duty Administrative
Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is amending its final
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
Republic of China (PRC). The period of
review (POR) is December 1, 2014,
through November 30, 2015. The
amended final weighted-average
dumping margins are listed below in the
section entitled, ‘‘Amended Final
Results.’’
DATES: Applicable August 25, 2017.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill, AD/CVD Operations, Office
IV, Enforcement & Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4037.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 27, 2017, the Department
published the final results of the 2014–
2015 administrative review of the AD
order on solar cells from the PRC in the
Federal Register.1 In addition, on June
27, 2017, the Department disclosed to
interested parties its calculations for the
final results.2 On June 30, 2017, the
Department received a timely filed
ministerial error allegation from
SolarWorld Americas, Inc. (the
petitioner) regarding the Department’s
calculation of the dumping margin for
Trina,3 one of the mandatory
1 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; 2014–2015,
82 FR 29033 (June 27, 2017) (Final Results) and
accompanying Issues and Decision Memorandum
(IDM).
2 See Department Letter, re: Antidumping Duty
Administrative Review of Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China:
Ministerial Error Comments,’’ dated June 29, 2017.
3 The Department treated the following six
companies as a single entity: Changzhou Trina
Solar Energy Co., Ltd./Trina Solar (Changzhou)
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Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Notices
respondents in the review.4 Specifically,
the petitioner alleged that although the
Department stated its intent to disallow
the debt restructuring offset that Trina
made to its indirect selling expenses,
the Department made a ministerial error
by excluding indirect selling expenses
reported in the INDIRSU field from the
U.S. indirect selling expenses used in
Trina’s margin calculations. No rebuttal
comments were submitted, nor were any
other ministerial error allegations
submitted.
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.5 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.
Ministerial Error
19 CFR 351.224(e) provides that the
Department will analyze any comments
received and, if appropriate, correct any
ministerial error by amending the final
determination or the final results of the
review. Section 751(h) of the Tariff Act
of 1930, as amended (the Act), and 19
CFR 351.224(f) define a ‘‘ministerial
error’’ as an error ‘‘in addition,
subtraction, or other arithmetic
function, clerical error resulting from
inaccurate copying, duplication, or the
like, and any other similar type of
unintentional error which the Secretary
considers ministerial.’’
We analyzed the petitioner’s
ministerial error comments and
determined, in accordance with section
751(h) of the Act and 19 CFR 351.224(e)
and (f), that we made a ministerial error
in our calculation of Trina’s dumping
margin by inadvertently not including
indirect selling expenses reported in the
INDIRSU field in the U.S. indirect
selling expenses used in our margin
calculations. Specifically, in the Final
Results, we inadvertently treated the
INDIRS2U field as reflecting total
indirect selling expenses, including the
expenses reflected under the INDIRSU
field. However, the INDIRS2U field only
reflects the additional expense that
should be added to INDIRSU field if the
debt restructuring offset was denied. We
are correcting this ministerial error by
including the indirect selling expenses
reported in the INDIRSU field in Trina’s
U.S. indirect sales expenses.6
Additionally, because the dumping
margin for separate rate companies that
the Department did not individually
examine, but which demonstrated their
eligibility for a separate rate, is based on
the mandatory respondents’ dumping
margins,7 we also are revising the
dumping margin for companies not
individually examined in this review as
a result of our correction to Trina’s
dumping margin. The dumping margin
for the second mandatory respondent,
Canadian Solar,8 remains unchanged
from the dumping margin calculated in
the Final Results.9
Amended Final Results
As a result of correcting this
ministerial error, we determine that the
following weighted-average dumping
margins exist for the POR:
Weightedaverage
dumping
margins
(Percent)
Exporter
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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 .........................................................................................................................................................................
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 Final Results and
accompanying IDM.
4 See Petitioner’s June 30, 2017, Letter regarding
‘‘Certain Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from the
People’s Republic of China: Comments on
Ministerial Errors in the Final Results.’’
5 For a complete description of the scope of the
order, see Final Results and accompanying IDM.
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6 See memorandum: ‘‘Amended Final Results
Analysis Memorandum for 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.,’’ dated
August 21, 2017.
7 See Final Results, 82 FR 29035; see also
memorandum: ‘‘Calculation of the Amended Final
Dumping Margin for Separate Rate Recipients,’’
dated August 21, 2017.
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8 The Department treated 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).
9 The dumping margin for Canadian Solar
remains 13.07 percent. See Final Results, 82 FR
29035.
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Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Notices
Weightedaverage
dumping
margins
(Percent)
Exporter
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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 ........................................................................
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
Amended Final Results. 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).10 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.11
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
10 See
19 CFR 351.212(b)(1).
11 Id.
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CBP to liquidate appropriate entries
without regard to antidumping duties.12
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.13
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after June 27,
2017, the date of publication of the
Final Results, as provided for 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 ‘‘Amended
Final Results’’ 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 nonPRC exporters that received a separate
rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific 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
12 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).
13 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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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 Amended 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.
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Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Notices
These amended final results and
notice are issued and published in
accordance with sections 751(h) and
777(i) of the Act and 19 CFR 351.224(e).
Dated: August 21, 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.
[FR Doc. 2017–18047 Filed 8–24–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Proposals, Submissions,
and Approvals
National Sea Grant Office
(NSGO), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Notice of public comments.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before October 24,
2017.
SUMMARY:
Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at pracomments@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Dorn Carlson, 301–734–1080
or oar.sg.info-admin@noaa.gov.
SUPPLEMENTARY INFORMATION: This
request is for extension of a currently
approved information collection.
The objectives of the National Sea
Grant College Program, as stated in the
Sea Grant legislation (33 U.S.C. 1121–
1131) are to increase the understanding,
assessments, development, utilization,
and conservation of the Nation’s ocean,
coastal, and Great Lakes resources. It
accomplishes these objectives by
conducting research, education, and
outreach programs.
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ADDRESSES:
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Grant monies are available for funding
activities that help obtain the objectives
of the Sea Grant Program. Both single
and multi-project grants are awarded,
with the latter representing about 80
percent of the total grant program. In
addition to other standard grant
application requirements, three forms
are required with the grants. These are
the Sea Grant Control Form 90–1, used
to identify the organizations and
personnel who would be involved in the
grant and briefly summarize the
proposed activities under the grant; the
Project Record Form 90–2, which
collects summary data on projects; and
the Sea Grant Budget Form 90–4, which
provides information similar to, but
more detailed than on, forms SF–424A
or SF–424C.
The National Sea Grant College
Program Act (33 U.S.C. 1126) provides
for the designation of a public or private
institution of higher education,
institute, laboratory, or State or local
agency as a Sea Grant college or Sea
Grant institute. Applications are
required for designation of Sea Grant
Colleges and Sea Grant Institutes.
Method of collection: Responses are
made in a variety of formats, including
forms and narrative submissions, via
mail, fax or email. The Sea Grant Project
Record Form and Sea Grant Budget
Form must be submitted in electronic
format through grants.gov if the grant
applicant has the means to do so.
Data: OMB Number: 0648–0362.
Form Number: NOAA Forms 90–1,
90–2 and 90–4.
Type of Review: Regular submission
(renewal of a current information
collection).
Affected Public: Academic
institutions, not-for-profit institutions;
business or other for-profit
organizations; individuals or
households; State, Local or Tribal
Government.
Estimated Number of Respondents:
680.
Estimated Time per Response: 30
minutes for a Sea Grant Control form; 20
minutes for a Project Record Form; 15
minutes for a Sea Grant Budget form;
and 20 hours for an application for
designation as a Sea Grant college or Sea
Grant institute.
Estimated Total Annual Burden
Hours: 1091.
Estimated Total Annual Cost to
Public: $300 in recordkeeping/reporting
costs.
Requests for comments: Comments
are invited on: (a) Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information shall have
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practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology. Comments submitted in
response to this notice will be
summarized and/or included in the
request for OMB approval of this
information collection; they also will
become a matter of public record.
Dated: August 3, 2017.
David Holst,
Acting Chief Financial Officer/CAO, Office
of Oceanic and Atmospheric Research,
National Oceanic and Atmospheric
Administration.
[FR Doc. 2017–18067 Filed 8–24–17; 8:45 am]
BILLING CODE 3510–KA–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF626
North Pacific Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The North Pacific Fishery
Management Council (Council)
Observer Advisory Committee (OAC)
subgroup on low sampling rates in
partial coverage.
DATES: The meeting will be held
Tuesday, September 12, 2017, from 8:30
a.m. to 10:30 a.m., Alaska time.
ADDRESSES: The meeting will be held
via Teleconference only: (907) 271–
2896.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Diana Evans, Council staff; telephone:
(907) 271–2809.
SUPPLEMENTARY INFORMATION:
Agenda
The agenda will be to finalize
subgroup recommendations for the
Observer Advisory Committee. Details
will be posted on the Web site as they
become available at: https://
www.npfmc.org/observer-program.
Meeting will be listening-only for those
that are not on the OAC subgroup.
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]]>Agencies
[Federal Register Volume 82, Number 164 (Friday, August 25, 2017)]
[Notices]
[Pages 40560-40563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18047]
-----------------------------------------------------------------------
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: Amended Final
Results of Antidumping Duty Administrative Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is amending its
final 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 Republic of
China (PRC). The period of review (POR) is December 1, 2014, through
November 30, 2015. The amended final weighted-average dumping margins
are listed below in the section entitled, ``Amended Final Results.''
DATES: Applicable August 25, 2017.
FOR FURTHER INFORMATION CONTACT: Krisha Hill, AD/CVD Operations, Office
IV, Enforcement & Compliance, International Trade Administration,
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-4037.
SUPPLEMENTARY INFORMATION:
Background
On June 27, 2017, the Department published the final results of the
2014-2015 administrative review of the AD order on solar cells from the
PRC in the Federal Register.\1\ In addition, on June 27, 2017, the
Department disclosed to interested parties its calculations for the
final results.\2\ On June 30, 2017, the Department received a timely
filed ministerial error allegation from SolarWorld Americas, Inc. (the
petitioner) regarding the Department's calculation of the dumping
margin for Trina,\3\ one of the mandatory
[[Page 40561]]
respondents in the review.\4\ Specifically, the petitioner alleged that
although the Department stated its intent to disallow the debt
restructuring offset that Trina made to its indirect selling expenses,
the Department made a ministerial error by excluding indirect selling
expenses reported in the INDIRSU field from the U.S. indirect selling
expenses used in Trina's margin calculations. No rebuttal comments were
submitted, nor were any other ministerial error allegations submitted.
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\1\ 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; 2014-2015, 82 FR 29033 (June 27,
2017) (Final Results) and accompanying Issues and Decision
Memorandum (IDM).
\2\ See Department Letter, re: Antidumping Duty Administrative
Review of Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China:
Ministerial Error Comments,'' dated June 29, 2017.
\3\ The Department treated 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 Final Results and accompanying
IDM.
\4\ See Petitioner's June 30, 2017, Letter regarding ``Certain
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
into Modules, from the People's Republic of China: Comments on
Ministerial Errors in the Final Results.''
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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.\5\
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.
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\5\ For a complete description of the scope of the order, see
Final Results and accompanying IDM.
---------------------------------------------------------------------------
Ministerial Error
19 CFR 351.224(e) provides that the Department will analyze any
comments received and, if appropriate, correct any ministerial error by
amending the final determination or the final results of the review.
Section 751(h) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.224(f) define a ``ministerial error'' as an error ``in
addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which the Secretary considers
ministerial.''
We analyzed the petitioner's ministerial error comments and
determined, in accordance with section 751(h) of the Act and 19 CFR
351.224(e) and (f), that we made a ministerial error in our calculation
of Trina's dumping margin by inadvertently not including indirect
selling expenses reported in the INDIRSU field in the U.S. indirect
selling expenses used in our margin calculations. Specifically, in the
Final Results, we inadvertently treated the INDIRS2U field as
reflecting total indirect selling expenses, including the expenses
reflected under the INDIRSU field. However, the INDIRS2U field only
reflects the additional expense that should be added to INDIRSU field
if the debt restructuring offset was denied. We are correcting this
ministerial error by including the indirect selling expenses reported
in the INDIRSU field in Trina's U.S. indirect sales expenses.\6\
---------------------------------------------------------------------------
\6\ See memorandum: ``Amended Final Results Analysis Memorandum
for 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.,'' dated August 21, 2017.
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Additionally, because the dumping margin for separate rate
companies that the Department did not individually examine, but which
demonstrated their eligibility for a separate rate, is based on the
mandatory respondents' dumping margins,\7\ we also are revising the
dumping margin for companies not individually examined in this review
as a result of our correction to Trina's dumping margin. The dumping
margin for the second mandatory respondent, Canadian Solar,\8\ remains
unchanged from the dumping margin calculated in the Final Results.\9\
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\7\ See Final Results, 82 FR 29035; see also memorandum:
``Calculation of the Amended Final Dumping Margin for Separate Rate
Recipients,'' dated August 21, 2017.
\8\ The Department treated 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).
\9\ The dumping margin for Canadian Solar remains 13.07 percent.
See Final Results, 82 FR 29035.
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Amended Final Results
As a result of correcting this ministerial error, we determine that
the following weighted-average dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margins
(Percent)
------------------------------------------------------------------------
Changzhou Trina Solar Energy Co., Ltd./Trina Solar 5.82
(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......................... 7.82
ERA Solar Co., Ltd...................................... 7.82
ET Solar Energy Limited................................. 7.82
Hangzhou Sunny Energy Science & Technology Co., Ltd..... 7.82
Hengdian Group DMEGC Magnetics Co., Ltd................. 7.82
JA Solar Technology Yangzhou Co., Ltd................... 7.82
Jiawei Solarchina (Shenzhen) Co., Ltd................... 7.82
Jiawei Solarchina Co., Ltd.............................. 7.82
JingAo Solar Co., Ltd................................... 7.82
Lightway Green New Energy Co., Ltd...................... 7.82
Ningbo ETDZ Holdings, Ltd............................... 7.82
Risen Energy Co., Ltd................................... 7.82
Shanghai BYD Co., Ltd................................... 7.82
Shanghai JA Solar Technology Co., Ltd................... 7.82
Shenzhen Sungold Solar Co., Ltd......................... 7.82
Shenzhen Topray Solar Co., Ltd.......................... 7.82
Star Power International Limited........................ 7.82
Systemes Versilis, Inc.................................. 7.82
[[Page 40562]]
Taizhou BD Trade Co., Ltd............................... 7.82
tenKsolar (Shanghai) Co., Ltd........................... 7.82
Toenergy Technology Hangzhou Co., Ltd................... 7.82
Wuxi Tianran Photovoltaic Co., Ltd...................... 7.82
Yingli Energy (China) Company Limited/Baoding Tianwei 7.82
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.................. 7.82
Zhejiang Sunflower Light Energy Science & Technology 7.82
Limited Liability Company..............................
------------------------------------------------------------------------
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 Amended Final Results. 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).\10\ 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.\11\ 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.\12\
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\10\ See 19 CFR 351.212(b)(1).
\11\ Id.
\12\ 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.\13\
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\13\ 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 for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after June 27, 2017, the date of
publication of the Final Results, as provided for 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 ``Amended Final Results'' 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 Amended
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.
[[Page 40563]]
These amended final results and notice are issued and published in
accordance with sections 751(h) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: August 21, 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.
[FR Doc. 2017-18047 Filed 8-24-17; 8:45 am]
BILLING CODE 3510-DS-P
