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review requests were timely withdrawn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
https://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
https://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]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 https://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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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:
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\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