Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Final Results of Countervailing Duty Administrative Review, and Partial Rescission of Countervailing Duty Administrative Review; 2014-2015, 42792-42794 [2017-19292]

Download as PDF 42792 Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices description of the scope of these investigations is dispositive. [FR Doc. 2017–19287 Filed 9–11–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–011] Certain Crystalline Silicon Photovoltaic Products From the People’s Republic of China: Final Results of Countervailing Duty Administrative Review, and Partial Rescission of Countervailing Duty Administrative Review; 2014–2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has completed its administrative review of the countervailing duty order (CVD) on crystalline silicon photovoltaic products (solar products) from the People’s Republic of China (PRC) for the June 10, 2014, through December 31, 2015, period of review (POR). We have determined that the mandatory respondent Changzhou Trina Solar Energy Co., Ltd. and its cross-owned affiliates (collectively, Trina Solar) received countervailable subsidies during the POR. The final net subsidy rates are listed below in the section, ‘‘Final Results of Administrative Review.’’ We are also rescinding the review for 22 companies for which all review requests were timely withdrawn or for which we have concluded that there were no entries, exports, or sales of the subject merchandise during the POR. AGENCY: DATES: Applicable September 12, 2017. FOR FURTHER INFORMATION CONTACT: Joseph Traw, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–6079. pmangrum on DSK3GDR082PROD with NOTICES1 Background The Department published the Preliminary Results of this administrative review in the Federal Register on March 6, 2017.1 We invited interested parties to comment on the 1 See Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Preliminary Intent To Rescind, in Part; 2014–2015, 82 FR 12562 (March 6, 2017) (Preliminary Results). VerDate Sep<11>2014 15:19 Sep 11, 2017 Jkt 241001 Preliminary Results. On June 8, 2017, we received timely case briefs from the following interested parties: SolarWorld Americas, Inc. (the petitioner); the Government of China (GOC); Trina Solar; BYD (Shangluo) Industrial Co., Ltd. (BYD); and SNJ Enterprises, LLC, Dba Zamp Solar (SNJ).2 On June 15, 2017, we received timely rebuttal comments from the petitioner, the GOC, and Trina Solar.3 On June 8, 2017, in accordance with section 751(a)(3)(A) of the Act, the Department extended the period for issuing the final results of this review by 60 days, to September 2, 2017. As September 2, 2017 is a Saturday and September 4, 2017 is Labor Day, the final results were extended until September 5, 2017.4 Scope of the Order The merchandise covered by this order are modules, laminates and/or panels consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including building integrated materials. The product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) item numbers 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this order is dispositive. A full description of the scope of the order is contained in 2 See Petitioner’s Case Brief, ‘‘Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China: Case Brief of SolarWorld Americas, Inc.,’’ dated June 8, 2017; GOC’s Case Brief, ‘‘GOC’s Case Brief: Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China,’’ dated June 8, 2017; Trina Solar’s Case Brief, ‘‘Crystalline Silicon Photovoltaic Products from the People’s Republic of China: Case Brief,’’ dated June 8, 2017; BYD’s Case Brief, ‘‘Crystalline Silicon Photovoltaic Products from the People’s Republic of China: BYD’s Case Brief’’ dated June 8, 2017; SNJ’s Case Brief, ‘‘Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China: Case Brief,’’ dated June 8, 2017. 3 See Petitioner’s Rebuttal Brief, ‘‘Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China: Rebuttal Brief of SolarWorld Americas, Inc.,’’ dated June 15, 2017; GOC’s Rebuttal Brief, ‘‘GOC’s Rebuttal Brief Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China,’’ dated June 15, 2017; Trina Solar’s Rebuttal Brief, ‘‘Crystalline Silicon Photovoltaic Products from the People’s Republic of China: Rebuttal Brief,’’ dated June 15, 2017. 4 See Memorandum, ‘‘Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China: Extension of the Deadline for Issuing the Final Results of the 2014–2015 Countervailing Duty Administrative Review,’’ dated June 8, 2017. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 the Issues and Decision Memorandum, which is hereby adopted by this notice.5 Analysis of Comments Received All issues raised in interested parties’ briefs are addressed in the Issues and Decision Memorandum accompanying this notice. A list of the issues raised by interested parties and to which we responded in the Issues and Decision Memorandum is provided in Appendix I to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be access directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on case briefs, rebuttal briefs, and all supporting documentation, we made changes from the Preliminary Results. The Department has modified its creditworthiness findings for Trina Solar. In the Preliminary Results, the Department found Trina Solar to be uncreditworthy during the 2012–2015 period. After reviewing Trina Solar’s response to the Department’s creditworthiness questionnaire,6 the Department finds that Trina Solar was uncreditworthy from 2012 to 2013 and creditworthy during 2014 and 2015.7 Partial Rescission of Review We are rescinding this administrative review for 22 companies 8 named in the Initiation Notice.9 In the Preliminary Results, we made a preliminary determination to rescind the review of companies for which all review requests were timely withdrawn.10 With the 5 See Memorandum, ‘‘Decision Memorandum for Final Results and Partial Rescission of Countervailing Duty Administrative Review: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China; 2014,’’ dated concurrently with this notice (Issues and Decision Memorandum). 6 See Trina Solar’s Letter, ‘‘Crystalline Silicon Photovoltaic Products from the People’s Republic of China: Creditworthiness Questionnaire Response,’’ dated April 20, 2017. 7 See Issues and Decision Memorandum. 8 See Appendix II. 9 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 20324, 20348–20349 (April 7, 2016) (Initiation Notice). 10 See Preliminary Results 82 FR at 12562–12563. E:\FR\FM\12SEN1.SGM 12SEN1 Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices exception of BYD, we received no comments with regard to this preliminary determination. We are rescinding the review for these companies in accordance with 19 CFR 351.212(d)(1). With respect to BYD, the Department determined that it made no exports or sales of subject merchandise to the United States during the POR.11 All companies for which we are rescinding this administrative review are listed in Appendix II to this notice. For these companies, countervailing duties shall be assessed at rates equal to the rates of the cash deposits for estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, during the POR, in accordance with 19 CFR 351.212(c)(2). Methodology The Department conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, we find that there is a subsidy, i.e., a financial contribution from a government or public entity that gives rise to a benefit to the recipient, and that the subsidy is specific.12 For a full description of the methodology underlying all of the Department’s conclusions, including any determination that relied upon the use of adverse facts available pursuant to sections 776(a) and (b) of the Act, see the Issues and Decision Memorandum. pmangrum on DSK3GDR082PROD with NOTICES1 Final Results of Administrative Review In accordance with 19 CFR 351.221(b)(5), we calculated a countervailable subsidy rate for the mandatory respondent, Trina Solar. For the non-selected companies subject to this review,13 we followed the Department’s practice, which is to base the subsidy rates on an average of the subsidy rates calculated for those companies selected for individual review, excluding de minimis rates or rates based entirely on adverse facts available.14 In this case, as there is only 11 See Memorandum, ‘‘Decision Memorandum for Final Results and Partial Rescission of Countervailing Duty Administrative Review: Crystalline Silicon Photovoltaic Products from the People’s Republic of China; 2014–2015,’’ dated concurrently (Solar Products Final IDM) at Comment 3. 12 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 13 See Appendix III. 14 See, e.g., Certain Pasta from Italy: Preliminary Results of the 13th (2008) Countervailing Duty Administrative Review, 75 FR 18806, 18811 (April 13, 2010), unchanged in Certain Pasta from Italy: Final Results of the 13th (2008) Countervailing Duty VerDate Sep<11>2014 19:18 Sep 11, 2017 Jkt 241001 a single mandatory respondent, the rate for non-selected companies is the same as the rate for the mandatory respondent. We find the countervailable subsidy rates for the producers/ exporters under review to be as follows: Subsidy rate (percent ad valorem) Company Changzhou Trina Solar Energy Co., Ltd. and its Cross-Owned Affiliates 15 .. Chint Solar (Zhejiang) Co., Ltd ..................................... Hefei JA Solar Technology Co., Ltd ............................. Perlight Solar Co., Ltd .......... Risen Energy Co., Ltd .......... Shanghai JA Solar Technology Co., Ltd .................. Shenzhen Sungold Solar Co., Ltd ............................. Sunny Apex Development Limited ............................... 13.93 13.93 13.93 13.93 13.93 13.93 13.93 13.93 Disclosure We will disclose to the parties in this proceeding the calculations performed for these final results within five days of the date of publication of this notice in the Federal Register.16 Assessment Rates Consistent with 19 CFR 351.212(b)(2), we intend to issue assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of these final results of review, to liquidate shipments of subject merchandise entered, or withdrawn from warehouse, for consumption, on or after June 10, 2014, through December 31, 2015, at the ad valorem rates listed above. Cash Deposit Instructions In accordance with section 751(a)(1) of the Act, we intend to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of the respective companies listed above. These cash deposit requirements, when imposed, shall remain in effect until further notice. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative Administrative Review, 75 FR 37386 (June 29, 2010). 15 Id. Cross-owned affiliates are: Trina Solar Limited; Trina Solar (Changzhou) Science & Technology Co., Ltd.; Yancheng Trina Solar Energy Technology Co., Ltd.; Changzhou Trina Solar Yabang Energy Co., Ltd.; Hubei Trina Solar Energy Co., Ltd.; Turpan Trina Solar Energy Co., Ltd.; and Changzhou Trina PV Ribbon Materials Co., Ltd. 16 See 19 CFR 351.224(b). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 42793 protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable violation. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: September 5, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I—List of Topics Discussed in the Issues and Decision Memorandum Summary Background List of Comments From Interested Parties Scope of the Order Changes Since the Preliminary Results Partial Rescission of Administrative Review Non-Selected Companies Under Review Subsidies Valuation Information Allocation Period Attribution of Subsidies Denominators Creditworthiness Benchmarks and Discount Rates Use of Facts Otherwise Available and Adverse Inferences Programs Determined to be Countervailable Programs Determined to be Not Countervailable During the POR Programs Determined Not to be Used or Not to Confer Measurable Benefits Analysis of Comments Comment 1: The Scope of the Order is Unlawful Comment 2: The Final Scope Determination Does Not Apply Retroactively Comment 3: Rescission of the Review of BYD Comment 4: Inclusion of Value Added Tax (VAT) in LTAR Benchmarks Comment 5: Solar Glass Benchmark Comment 6: Specificity of Glass at LTAR Comment 7: Benchmark for Aluminum Extrusions Comment 8: Electricity for LTAR Comment 9: Usage of Export Buyer’s Credit Program Comment 10: Selection of the Adverse Facts Available (AFA) Rate for Export Buyer’s Credit Program Comment 11: Addition of Ocean Freight and Import Duties to LTAR Benchmarks Comment 12: Zeroing of Purchases Above Benchmarks Recommendation Appendix—Non-Selected Companies Under Review E:\FR\FM\12SEN1.SGM 12SEN1 42794 Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices Appendix II—List of Companies for Which We Are Rescinding This Administrative Review 17 DEPARTMENT OF COMMERCE 1. Baoding Jiasheng Photovoltaic Technology Co. Ltd. 2. Baoding Tianwei Yingli New Energy Resources Co., Ltd. 3. Beijing Tianneng Yingli New Energy Resources Co. Ltd. 4. BYD (Shangluo) Industrial Co., Ltd. 5. Canadian Solar, Inc. 6. Canadian Solar International, Ltd. 7. Canadian Solar Manufacturing (Changshu), Inc. 8. Canadian Solar Manufacturing (Luoyang), Inc. 9. Hainan Yingli New Energy Resources Co., Ltd. 10. Hengshui Yingli New Energy Resources Co., Ltd. 11. Jinko Solar Co., Ltd. 12. Jinko Solar Import and Export Co., Ltd. 13. Lixian Yingli New Energy Resources Co., Ltd. 14. Shanghai BYD Co., Ltd. 15. Shenzhen Jiawei Photovoltaic Lighting Co., Ltd. 16. Shenzhen Yingli New Energy Resources Co., Ltd. 17. Tianjin Yingli New Energy Resources Co., Ltd. 18. Wuxi Suntech Power Co., Ltd. 19. Yingli Energy (China) Co., Ltd. 20. Yingli Green Energy Holding Company Limited 21. Yingli Green Energy International Trading Company Limited 22. Zhejiang Jinko Solar Co., Ltd. [A–821–824, A–520–808] International Trade Administration Appendix III—List of Non-Selected Companies Under Review 1. Chint Solar (Zhejiang) Co., Ltd. 2. Hefei JA Solar Technology Co., Ltd. 3. Perlight Solar Co., Ltd. 4. Risen Energy Co., Ltd. 5. Shanghai JA Solar Technology Co., Ltd. 6. Shenzhen Sungold Solar Co., Ltd. 7. Sunny Apex Development Limited Certain Carbon and Alloy Steel Wire Rod From the Russian Federation and the United Arab Emirates: Affirmative Preliminary Determinations of Sales at Less Than Fair Value, and Affirmative Preliminary Determination of Critical Circumstances for Imports of Certain Carbon and Alloy Steel Wire Rod From the Russian Federation Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that imports of carbon and alloy steel wire rod (wire rod) from the Russian Federation (Russia) and the United Arab Emirates (the UAE) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of these investigations (POI) is January 1, 2016, through December 31, 2016. Abinsk Electric Steel Works Ltd. (Abinsk) and JSC NLMK-Ural (NLMK Ural) are the mandatory respondents in the Russia investigation. Emirates Steel Industries PJSC (Emirates Steel) is the mandatory respondent in the UAE investigation. The estimated weighted average dumping margins of sales at LTFV are shown in the ‘‘Preliminary Determinations’’ section of this notice. Interested parties are invited to comment on these preliminary determinations. AGENCY: DATES: Applicable September 12, 2017. FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar, 202–482–3857 (Russia), or Carrie Bethea at 202–482–1491 (UAE), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: [FR Doc. 2017–19292 Filed 9–11–17; 8:45 am] BILLING CODE 3510–DS–P pmangrum on DSK3GDR082PROD with NOTICES1 Background The Department published the notice of initiation of these investigations on April 26, 2017.1 For a complete description of the events that followed the initiation of these investigations, see the Preliminary Decision Memorandum 17 See Issues and Decision Memorandum at the section, ‘‘Partial Rescission of Administrative Review.’’ VerDate Sep<11>2014 19:18 Sep 11, 2017 Jkt 241001 1 See Carbon and Alloy Steel Wire Rod from Belarus, Italy, the Republic of Korea, the Russian Federation, South Africa, Spain, the Republic of Turkey, Ukraine, United Arab Emirates, and United Kingdom: Initiation of Less-Than-Fair-Value Investigations, 82 FR 19207 (April 26, 2017) (Initiation Notice). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 dated concurrently with these determinations and hereby adopted by this notice.2 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigations The products covered by these investigations are certain hot-rolled products of carbon steel and alloy steel, in coils, of approximately round cross section, less than 19.00 mm in actual solid cross-sectional diameter (wire rod). Interested parties filed comments regarding the scope of the investigations. On August 7, 2017, we issued a Preliminary Scope Decision Memorandum, which addressed these comments and established a briefing schedule for scope-related issues.3 As a result of the analysis contained therein, the scope language is unchanged from that in the Initiation Notice.4 For a full description of the scope of these investigations, see the ‘‘Scope of the Investigations,’’ in Appendix I. Methodology The Department is conducting these investigations in accordance with section 731 of the Tariff Act of 1930, as amended (the Act). Pursuant to section 776(a) of the Act, the Department preliminarily relied upon facts otherwise available to assign an estimated weighted-average dumping margin to the mandatory respondents from Russia, Abinsk and NLMK Ural, 2 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less Than Fair Value Investigation of Carbon and Alloy Steel Wire Rod from the Russian Federation and the United Arab Emirates,’’ dated concurrently with this notice (Preliminary Decision Memorandum). 3 See Memorandum, ‘‘Carbon and Alloy Steel Wire Rod from Belarus, Italy, the Republic of Korea, the Russian Federation, South Africa, Spain, the Republic of Turkey, Ukraine, the United Arab Emirates, and the United Kingdom: Scope Comments Decision Memorandum for the Preliminary Determinations,’’ August 7, 2017 (Preliminary Scope Decision Memorandum). 4 Id. at 20. E:\FR\FM\12SEN1.SGM 12SEN1

Agencies

[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Notices]
[Pages 42792-42794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19292]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-011]


Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China: Final Results of Countervailing Duty 
Administrative Review, and Partial Rescission of Countervailing Duty 
Administrative Review; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) has completed its 
administrative review of the countervailing duty order (CVD) on 
crystalline silicon photovoltaic products (solar products) from the 
People's Republic of China (PRC) for the June 10, 2014, through 
December 31, 2015, period of review (POR). We have determined that the 
mandatory respondent Changzhou Trina Solar Energy Co., Ltd. and its 
cross-owned affiliates (collectively, Trina Solar) received 
countervailable subsidies during the POR. The final net subsidy rates 
are listed below in the section, ``Final Results of Administrative 
Review.'' We are also rescinding the review for 22 companies for which 
all review requests were timely withdrawn or for which we have 
concluded that there were no entries, exports, or sales of the subject 
merchandise during the POR.

DATES: Applicable September 12, 2017.

FOR FURTHER INFORMATION CONTACT: Joseph Traw, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, 
DC 20230; telephone (202) 482-6079.

Background

    The Department published the Preliminary Results of this 
administrative review in the Federal Register on March 6, 2017.\1\ We 
invited interested parties to comment on the Preliminary Results. On 
June 8, 2017, we received timely case briefs from the following 
interested parties: SolarWorld Americas, Inc. (the petitioner); the 
Government of China (GOC); Trina Solar; BYD (Shangluo) Industrial Co., 
Ltd. (BYD); and SNJ Enterprises, LLC, Dba Zamp Solar (SNJ).\2\ On June 
15, 2017, we received timely rebuttal comments from the petitioner, the 
GOC, and Trina Solar.\3\
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    \1\ See Certain Crystalline Silicon Photovoltaic Products from 
the People's Republic of China: Preliminary Results of 
Countervailing Duty Administrative Review and Preliminary Intent To 
Rescind, in Part; 2014-2015, 82 FR 12562 (March 6, 2017) 
(Preliminary Results).
    \2\ See Petitioner's Case Brief, ``Certain Crystalline Silicon 
Photovoltaic Products from the People's Republic of China: Case 
Brief of SolarWorld Americas, Inc.,'' dated June 8, 2017; GOC's Case 
Brief, ``GOC's Case Brief: Certain Crystalline Silicon Photovoltaic 
Products from the People's Republic of China,'' dated June 8, 2017; 
Trina Solar's Case Brief, ``Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: Case Brief,'' dated 
June 8, 2017; BYD's Case Brief, ``Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: BYD's Case Brief'' 
dated June 8, 2017; SNJ's Case Brief, ``Certain Crystalline Silicon 
Photovoltaic Products from the People's Republic of China: Case 
Brief,'' dated June 8, 2017.
    \3\ See Petitioner's Rebuttal Brief, ``Certain Crystalline 
Silicon Photovoltaic Products from the People's Republic of China: 
Rebuttal Brief of SolarWorld Americas, Inc.,'' dated June 15, 2017; 
GOC's Rebuttal Brief, ``GOC's Rebuttal Brief Certain Crystalline 
Silicon Photovoltaic Products from the People's Republic of China,'' 
dated June 15, 2017; Trina Solar's Rebuttal Brief, ``Crystalline 
Silicon Photovoltaic Products from the People's Republic of China: 
Rebuttal Brief,'' dated June 15, 2017.
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    On June 8, 2017, in accordance with section 751(a)(3)(A) of the 
Act, the Department extended the period for issuing the final results 
of this review by 60 days, to September 2, 2017. As September 2, 2017 
is a Saturday and September 4, 2017 is Labor Day, the final results 
were extended until September 5, 2017.\4\
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    \4\ See Memorandum, ``Certain Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: Extension of the 
Deadline for Issuing the Final Results of the 2014-2015 
Countervailing Duty Administrative Review,'' dated June 8, 2017.
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Scope of the Order

    The merchandise covered by this order are modules, laminates and/or 
panels consisting of crystalline silicon photovoltaic cells, whether or 
not partially or fully assembled into other products, including 
building integrated materials. The product is currently classified 
under the Harmonized Tariff Schedule of the United States (HTSUS) item 
numbers 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 
8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS 
subheadings are provided for convenience and customs purposes; the 
written description of the scope of this order is dispositive. A full 
description of the scope of the order is contained in the Issues and 
Decision Memorandum, which is hereby adopted by this notice.\5\
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    \5\ See Memorandum, ``Decision Memorandum for Final Results and 
Partial Rescission of Countervailing Duty Administrative Review: 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, from the People's Republic of China; 2014,'' dated 
concurrently with this notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum accompanying this notice. A list of 
the issues raised by interested parties and to which we responded in 
the Issues and Decision Memorandum is provided in Appendix I to this 
notice. The Issues and Decision Memorandum is a public document and is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov and 
in the Central Records Unit, Room B8024 of the main Department of 
Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be access directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on case briefs, rebuttal briefs, and all supporting 
documentation, we made changes from the Preliminary Results. The 
Department has modified its creditworthiness findings for Trina Solar. 
In the Preliminary Results, the Department found Trina Solar to be 
uncreditworthy during the 2012-2015 period. After reviewing Trina 
Solar's response to the Department's creditworthiness questionnaire,\6\ 
the Department finds that Trina Solar was uncreditworthy from 2012 to 
2013 and creditworthy during 2014 and 2015.\7\
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    \6\ See Trina Solar's Letter, ``Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: Creditworthiness 
Questionnaire Response,'' dated April 20, 2017.
    \7\ See Issues and Decision Memorandum.
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Partial Rescission of Review

    We are rescinding this administrative review for 22 companies \8\ 
named in the Initiation Notice.\9\ In the Preliminary Results, we made 
a preliminary determination to rescind the review of companies for 
which all review requests were timely withdrawn.\10\ With the

[[Page 42793]]

exception of BYD, we received no comments with regard to this 
preliminary determination. We are rescinding the review for these 
companies in accordance with 19 CFR 351.212(d)(1). With respect to BYD, 
the Department determined that it made no exports or sales of subject 
merchandise to the United States during the POR.\11\
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    \8\ See Appendix II.
    \9\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 20324, 20348-20349 (April 7, 2016) 
(Initiation Notice).
    \10\ See Preliminary Results 82 FR at 12562-12563.
    \11\ See Memorandum, ``Decision Memorandum for Final Results and 
Partial Rescission of Countervailing Duty Administrative Review: 
Crystalline Silicon Photovoltaic Products from the People's Republic 
of China; 2014-2015,'' dated concurrently (Solar Products Final IDM) 
at Comment 3.
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    All companies for which we are rescinding this administrative 
review are listed in Appendix II to this notice. For these companies, 
countervailing duties shall be assessed at rates equal to the rates of 
the cash deposits for estimated countervailing duties required at the 
time of entry, or withdrawal from warehouse, for consumption, during 
the POR, in accordance with 19 CFR 351.212(c)(2).

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found to be countervailable, we find that there 
is a subsidy, i.e., a financial contribution from a government or 
public entity that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\12\ For a full description of the methodology 
underlying all of the Department's conclusions, including any 
determination that relied upon the use of adverse facts available 
pursuant to sections 776(a) and (b) of the Act, see the Issues and 
Decision Memorandum.
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    \12\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Final Results of Administrative Review

    In accordance with 19 CFR 351.221(b)(5), we calculated a 
countervailable subsidy rate for the mandatory respondent, Trina Solar. 
For the non-selected companies subject to this review,\13\ we followed 
the Department's practice, which is to base the subsidy rates on an 
average of the subsidy rates calculated for those companies selected 
for individual review, excluding de minimis rates or rates based 
entirely on adverse facts available.\14\ In this case, as there is only 
a single mandatory respondent, the rate for non-selected companies is 
the same as the rate for the mandatory respondent. We find the 
countervailable subsidy rates for the producers/exporters under review 
to be as follows:
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    \13\ See Appendix III.
    \14\ See, e.g., Certain Pasta from Italy: Preliminary Results of 
the 13th (2008) Countervailing Duty Administrative Review, 75 FR 
18806, 18811 (April 13, 2010), unchanged in Certain Pasta from 
Italy: Final Results of the 13th (2008) Countervailing Duty 
Administrative Review, 75 FR 37386 (June 29, 2010).

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Changzhou Trina Solar Energy Co., Ltd. and its Cross-              13.93
 Owned Affiliates \15\..................................
Chint Solar (Zhejiang) Co., Ltd.........................           13.93
Hefei JA Solar Technology Co., Ltd......................           13.93
Perlight Solar Co., Ltd.................................           13.93
Risen Energy Co., Ltd...................................           13.93
Shanghai JA Solar Technology Co., Ltd...................           13.93
Shenzhen Sungold Solar Co., Ltd.........................           13.93
Sunny Apex Development Limited..........................           13.93
------------------------------------------------------------------------

Disclosure

    We will disclose to the parties in this proceeding the calculations 
performed for these final results within five days of the date of 
publication of this notice in the Federal Register.\16\
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    \15\ Id. Cross-owned affiliates are: Trina Solar Limited; Trina 
Solar (Changzhou) Science & Technology Co., Ltd.; Yancheng Trina 
Solar Energy Technology Co., Ltd.; Changzhou Trina Solar Yabang 
Energy Co., Ltd.; Hubei Trina Solar Energy Co., Ltd.; Turpan Trina 
Solar Energy Co., Ltd.; and Changzhou Trina PV Ribbon Materials Co., 
Ltd.
    \16\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

Assessment Rates

    Consistent with 19 CFR 351.212(b)(2), we intend to issue assessment 
instructions to U.S. Customs and Border Protection (CBP) 15 days after 
the date of publication of these final results of review, to liquidate 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption, on or after June 10, 2014, through December 31, 2015, 
at the ad valorem rates listed above.

Cash Deposit Instructions

    In accordance with section 751(a)(1) of the Act, we intend to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown for each of the respective companies listed 
above. These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable 
violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: September 5, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Issues and Decision 
Memorandum

Summary
Background
List of Comments From Interested Parties
Scope of the Order
Changes Since the Preliminary Results
Partial Rescission of Administrative Review
Non-Selected Companies Under Review
Subsidies Valuation Information
    Allocation Period
    Attribution of Subsidies
    Denominators
    Creditworthiness
    Benchmarks and Discount Rates
Use of Facts Otherwise Available and Adverse Inferences
Programs Determined to be Countervailable
Programs Determined to be Not Countervailable During the POR
Programs Determined Not to be Used or Not to Confer Measurable 
Benefits
Analysis of Comments
    Comment 1: The Scope of the Order is Unlawful
    Comment 2: The Final Scope Determination Does Not Apply 
Retroactively
    Comment 3: Rescission of the Review of BYD
    Comment 4: Inclusion of Value Added Tax (VAT) in LTAR Benchmarks
    Comment 5: Solar Glass Benchmark
    Comment 6: Specificity of Glass at LTAR
    Comment 7: Benchmark for Aluminum Extrusions
    Comment 8: Electricity for LTAR
    Comment 9: Usage of Export Buyer's Credit Program
    Comment 10: Selection of the Adverse Facts Available (AFA) Rate 
for Export Buyer's Credit Program
    Comment 11: Addition of Ocean Freight and Import Duties to LTAR 
Benchmarks
    Comment 12: Zeroing of Purchases Above Benchmarks
Recommendation
Appendix--Non-Selected Companies Under Review

[[Page 42794]]

Appendix II--List of Companies for Which We Are Rescinding This 
Administrative Review \17\
---------------------------------------------------------------------------

    \17\ See Issues and Decision Memorandum at the section, 
``Partial Rescission of Administrative Review.''
---------------------------------------------------------------------------

1. Baoding Jiasheng Photovoltaic Technology Co. Ltd.
2. Baoding Tianwei Yingli New Energy Resources Co., Ltd.
3. Beijing Tianneng Yingli New Energy Resources Co. Ltd.
4. BYD (Shangluo) Industrial Co., Ltd.
5. Canadian Solar, Inc.
6. Canadian Solar International, Ltd.
7. Canadian Solar Manufacturing (Changshu), Inc.
8. Canadian Solar Manufacturing (Luoyang), Inc.
9. Hainan Yingli New Energy Resources Co., Ltd.
10. Hengshui Yingli New Energy Resources Co., Ltd.
11. Jinko Solar Co., Ltd.
12. Jinko Solar Import and Export Co., Ltd.
13. Lixian Yingli New Energy Resources Co., Ltd.
14. Shanghai BYD Co., Ltd.
15. Shenzhen Jiawei Photovoltaic Lighting Co., Ltd.
16. Shenzhen Yingli New Energy Resources Co., Ltd.
17. Tianjin Yingli New Energy Resources Co., Ltd.
18. Wuxi Suntech Power Co., Ltd.
19. Yingli Energy (China) Co., Ltd.
20. Yingli Green Energy Holding Company Limited
21. Yingli Green Energy International Trading Company Limited
22. Zhejiang Jinko Solar Co., Ltd.

Appendix III--List of Non-Selected Companies Under Review

1. Chint Solar (Zhejiang) Co., Ltd.
2. Hefei JA Solar Technology Co., Ltd.
3. Perlight Solar Co., Ltd.
4. Risen Energy Co., Ltd.
5. Shanghai JA Solar Technology Co., Ltd.
6. Shenzhen Sungold Solar Co., Ltd.
7. Sunny Apex Development Limited

[FR Doc. 2017-19292 Filed 9-11-17; 8:45 am]
 BILLING CODE 3510-DS-P