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]

Download as PDF 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. VerDate Sep<11>2014 17:40 Aug 24, 2017 Jkt 241001 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 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 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) E:\FR\FM\25AUN1.SGM 25AUN1 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 sradovich on DSK3GMQ082PROD with NOTICES 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. VerDate Sep<11>2014 17:40 Aug 24, 2017 Jkt 241001 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. PO 00000 Frm 00024 Fmt 4703 40561 Sfmt 4703 5.82 7.82 7.82 7.82 7.82 7.82 7.82 7.82 7.82 7.82 7.82 7.82 7.82 7.82 7.82 7.82 7.82 7.82 7.82 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. E:\FR\FM\25AUN1.SGM 25AUN1 40562 Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Notices Weightedaverage dumping margins (Percent) Exporter sradovich on DSK3GMQ082PROD with NOTICES 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. VerDate Sep<11>2014 17:40 Aug 24, 2017 Jkt 241001 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. PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 7.82 7.82 7.82 7.82 7.82 7.82 7.82 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. E:\FR\FM\25AUN1.SGM 25AUN1 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. sradovich on DSK3GMQ082PROD with NOTICES ADDRESSES: VerDate Sep<11>2014 17:40 Aug 24, 2017 Jkt 241001 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 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 40563 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. E:\FR\FM\25AUN1.SGM 25AUN1

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]


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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

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.
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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\
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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.
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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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \13\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective 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