Certain Crystalline Silicon Photovoltaic Products From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2016-2017, 60370-60373 [2017-27405]
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Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Notices
proposed production activity to the FTZ
Board on behalf of AFE, Inc., located in
Mount Pleasant, Wisconsin. The
notification conforming to the
requirements of the regulations of the
FTZ Board (15 CFR 400.22) was
received on November 30, 2017.
The applicant has submitted a
separate application for subzone
designation at AFE, Inc.’s facility under
15 CFR 400.38. The facility would be
used to produce whiteboard monitors/
interactive displays and televisions with
and without tuners. Pursuant to 15 CFR
400.14(b), FTZ activity would be limited
to the specific foreign-status materials
and components and specific finished
products described in the submitted
notification (as described below) and
subsequently authorized by the FTZ
Board.
Production under FTZ procedures
could exempt AFE, Inc., from customs
duty payments on the foreign-status
components used in export production.
On its domestic sales, for the foreignstatus materials/components noted
below, the company would be able to
choose the duty rates during customs
entry procedures that apply to
whiteboard monitors/interactive
displays, tuner-free televisions, and
televisions with tuners (duty rate ranges
from duty-free to 3.9%). The company
would be able to avoid duty on foreignstatus components which become scrap/
waste. Customs duties also could
possibly be deferred or reduced on
foreign-status production equipment.
The components and materials
sourced from abroad include: Printed
wire boards (PWBs) for monitors; PWBs
for keyboards; infrared light detecting
units for remote controllers; open cell
liquid crystal displays (LCDs); monitor
chassis components and assemblies of
plastic and metal; stainless steel screws;
reflector sheets; lens sheets; diffusion
sheets; light emitting diode (LED) wires;
PWBs for LEDs; plastic tapes; bezels;
LCD modules; rear cover cable
assemblies; power supply and drive
units; power cables; LCD control cables;
Wi-Fi cables; keyboard cables; speakers;
A/C cords; remote controls; flexible flat
cable for printed wire boards; AAA
batteries; Wi-Fi units; plastic labels; TV
stands and stand support brackets;
plastic bags; printed setup guides;
plastic cable clamps; molded paper
packaging; paper packaging; cardboard
cartons; plastic packaging; printed
instructions; self-tapping screws; wire
holders of plastic; plastic spacers;
plastic insulator for coolers; keyboard
cover assemblies; wooden pallets; PWBs
for tuner TV keyboards; infrared light
detecting units for tuner TV remote
controllers; open cell LCDs for tuner
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TVs; monitor chassis components and
assemblies of plastic and metal for tuner
TVs; reflector sheets for tuner TVs; lens
sheets for tuner TVs; diffusion sheets for
tuner TVs; bezels for tuner TVs; LCD
modules for tuner TVs; rear cover cable
assemblies for tuner TVs; and, stands for
tuner TVs (duty rate ranges from dutyfree to 10.7%).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the address below. The
closing period for their receipt is
January 29, 2018.
A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
website, which is accessible via
www.trade.gov/ftz.
For further information, contact
Christopher Wedderburn at
Chris.Wedderburn@trade.gov or (202)
482–1963.
Dated: December 14, 2017.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2017–27406 Filed 12–19–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–853]
Certain Crystalline Silicon Photovoltaic
Products From Taiwan: Preliminary
Results of Antidumping Duty
Administrative Review and Partial
Rescission of Antidumping Duty
Administrative Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty (AD) order on certain
crystalline silicon photovoltaic products
(solar products) from Taiwan. The
period of review (POR) is February 1,
2016, through January 31, 2017. This
administrative review covers 11
exporters of the subject merchandise,
including one mandatory respondent,
Motech Industries, Inc. (Motech). The
Department preliminarily determines
that Motech made sales of subject
merchandise at less than normal value
during the POR. Additionally, we are
rescinding this administrative review
AGENCY:
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with respect to 23 companies that
timely withdrew their requests for
administrative review. Interested parties
are invited to comment on these
preliminary results.
DATES: Applicable December 20, 2017.
FOR FURTHER INFORMATION CONTACT:
Ariela Garvett or Thomas Martin, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3609 or (202) 482–3936,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 8, 2017, the Department
notified interested parties of the
opportunity to request an administrative
review of orders, findings, or suspended
investigations with anniversaries in
February 2017, including the
antidumping duty order on solar
products from Taiwan.1 On February 28,
2017, SolarWorld Americas Inc. (the
petitioner), as well as various exporters
and exporters, requested that the
Department conduct an administrative
review of certain exporters covering the
POR. On April 10, 2017, the Department
published a notice initiating an AD
administrative review of solar products
from Taiwan covering 34 companies for
the POR.2
In the Initiation Notice, the
Department stated that if it limited the
number of respondents for individual
examination, it intended to select
respondents based on volume data
contained in responses to its quantity
and value (Q&V) questionnaire.3 On
April 10, 2017, the Department issued
Q&V questionnaires to all 11 companies
that appeared in the U.S. Customs and
Border Protection (CBP) data for import
and merchandise value.4 We received
Q&V questionnaire responses from 11
companies 5 named in the Initiation
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 82 FR 9709
(February 8, 2017).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
17188, 17189 (April 10, 2017) (Initiation Notice).
3 Id. at 17189.
4 The Department explained in the Initiation
Notice that the units used to measure the imported
quantities of solar cells and solar modules in the
CBP data are in ‘‘piece’’ units, and it would not be
meaningful to sum the number of imported solar
cells and the number of imported solar modules in
attempting to determine the largest Taiwan
exporters of subject merchandise by volume. Id.
Therefore, the Department stated that it would limit
the number of Q&V questionnaires issued based on
the import values in CBP data. Id.
5 The 11 companies that submitted a Q&V
questionnaire response include: AU Optronics
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Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Notices
Notice. The remaining 23 companies
withdrew their requests for
administrative review, pursuant to 19
CFR 351.213(d)(1).
On May 24, 2017, the Department
selected Motech as a mandatory
respondent.6 From May 25, 2017,
through November 16, 2017, the
Department issued questionnaires to,
and received timely responses from,
Motech.7 The petitioner commented on
these responses between July 6, July 28,
October 3, and October 24, 2017.
Partial Rescission of Antidumping Duty
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, in whole or in
part, if a party that requested the review
withdraws its request within 90 days of
the date of publication of the notice of
initiation of the requested review.
Twenty-three companies 8 withdrew
their respective requests for an
administrative review within 90 days of
the date of publication of Initiation
Notice. Accordingly, the Department is
rescinding this review with respect to
these 23 companies.
Scope of the Order
The merchandise covered by this
order is crystalline silicon photovoltaic
cells, and 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.9 Merchandise covered by this
order is currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) under
subheadings 8501.61.0000,
8507.20.8030, 8507.20.8040,
8507.20.8060, 8507.20.8090,
8541.40.6020, 8541.40.6030 and
8501.31.8000. These HTSUS
subheadings are provided for
convenience and customs purposes; the
written description of the scope is
dispositive.
Methodology
The Department is conducting this
review in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act). Export price and
constructed export price are calculated
in accordance with section 772 of the
Act. Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.10 A list of
topics included in the Preliminary
Decision Memorandum is included as
an Appendix to this notice.
Preliminary Results of Review
As a result of this review, we
preliminarily determine the following
weighted-average dumping margins for
the period February 1, 2016 through
January 31, 2017:
Weighted-average
margin
(percent)
Manufacturer/exporter
Motech Industries, Inc .................................................................................................................................................................
AU Optronics Corporation ...........................................................................................................................................................
EEPV Corp ..................................................................................................................................................................................
Gintech Energy Corporation ........................................................................................................................................................
Inventec Solar Energy Corporation .............................................................................................................................................
Kyocera Mexicana S.A. de C.V ...................................................................................................................................................
Neo Solar Power Corporation .....................................................................................................................................................
Sino-American Silicon Products Inc. and Solartech Energy Corp ..............................................................................................
TSEC Corporation .......................................................................................................................................................................
Vina Solar Technology Co., Ltd ..................................................................................................................................................
1.07
1.07
1.07
1.07
1.07
1.07
1.07
1.07
1.07
1.07
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Rate for Companies Not Individually
Examined
The statute and the Department’s
regulations do not address the
establishment of a rate to be applied to
respondents not selected for individual
examination when the Department
limits its examination of companies
subject to the administrative review
pursuant to section 777A(c)(2)(B) of the
Act. Generally, the Department looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in an investigation, for
guidance when calculating the rate for
respondents not individually examined
in an administrative review. Section
735(c)(5)(A) of the Act articulates a
Corporation, EEPV Corp., Gintech Energy
Corporation, Inventec Solar Energy Corporation,
Kyocera Mexicana S.A. de C.V., Motech Industries,
Inc., Neo Solar Power Corporation, Sino-American
Silicon Products Inc., Solartech Energy Corp. group,
TSEC Corporation, and Vina Solar Technology Co.,
Ltd.
6 See memorandum from Thomas Martin, Senior
International Trade Compliance Analyst, Office IV,
AD/CVD Operations, Enforcement and Compliance
to Abdelali Elouaradia, Director, Office IV, AD/CVD
Operations, Enforcement and Compliance regarding
‘‘2016–2017 Antidumping Duty Administrative
Review of Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Respondent Selection,’’
dated May 24, 2017 (Respondent Selection
Memorandum) at 4–5.
7 See Letters from Motech to the Department
dated June 22, July 13, September 20, October 3,
October 13, November 6, November 13, and
November 16, 2017.
8 Baoding Jiasheng Photovoltaic Technology Co
Ltd., Baoding Tianwei Yingli New Energy
Resources Co., Ltd., Beijing Tianneng Yingli New
Energy Resources Co Ltd., Boviet Solar Technology
Co., Ltd., Canadian Solar Inc., Canadian Solar
International, Ltd., Canadian Solar Manufacturing
(Changshu), Inc., Canadian Solar Manufacturing
(Luoyang), Inc., Canadian Solar Solution Inc., E–
TON Solar Tech. Co., Ltd., Hainan Yingli New
Energy Resources Co., Ltd., Hengshui Yingli New
Energy Resources Co., Ltd., Inventec Energy
Corporation., Lixian Yingli New Energy Resources
Co., Ltd., Shenzhen Yingli New Energy Resources
Co., Ltd., Sunengine Corporation Ltd., Sunrise
Global Solar Energy., Tianjin Yingli New Energy
Resources Co., Ltd., Trina Solar (Schweiz) AG.,
Trina Solar (Singapore) Science and Technology Pte
Ltd., Win Win Precision Technology Co., Ltd.,
Yingli Energy (China) Co., Ltd., and Yingli Green
Energy International Trading Company Limited.
9 For a complete description of the scope of the
products under review, see Memorandum from
James Maeder, Senior Director, performing the
duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to 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, ‘‘Decision Memorandum for
Preliminary Results of the 2016–2017 Antidumping
Duty Administrative Review of Certain Crystalline
Silicon Photovoltaic Products from Taiwan,’’ dated
concurrently with, and hereby adopted by this
notice (Preliminary Decision Memorandum). The
Preliminary 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
available 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 accessed
directly on the internet at https://
enforcement.trade.gov/frn/. The signed and
electronic versions of the Preliminary Decision
Memorandum are identical in content.
10 See Preliminary Decision Memorandum.
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Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Notices
preference for not calculating an allothers rate using rates which are zero,
de minimis or based entirely on facts
available (FA).11 Accordingly, the
Department’s usual practice has been to
determine the dumping margin for
companies not individually examined
by averaging the weighted-average
dumping margins for the individually
examined respondents, excluding rates
that are zero, de minimis, or based
entirely on facts available.12 Consistent
with this practice, we preliminarily
calculated a weighted-average dumping
margin for Motech that is above de
minimis and not based entirely on FA;
therefore, the Department preliminarily
assigns to the non-selected companies
the weighted-average margin calculated
for Motech as the non-selected
respondent rate for this review.
Assessment Rates
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As noted above, we are rescinding the
review with respect to 23 companies
that withdrew their requests for an
administrative review within 90 days of
the date of publication of the Initiation
Notice. As such, the Department intends
to issue appropriate assessment
instructions to CBP 15 days after the
date of publication of this notice for
these 23 companies. Antidumping
duties shall be assessed at rates equal to
the cash deposit of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption in accordance with 19
CFR 351.212(c)(1)(i).
Upon completion of the
administrative review, the Department
shall 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
date of publication of the final results of
this review.
For any individually examined
respondents whose weighted-average
dumping margin is above de minimis
(i.e., 0.50 percent), we will calculate
importer-specific ad valorem duty
assessment rates based on the ratio of
the total amount of dumping calculated
for the importer’s examined sales to the
total entered value of those same sales
in accordance with 19 CFR
351.212(b)(1).13 For entries of subject
11 See Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews and Rescission of Reviews
in Part, 73 FR 52823, 52824 (September 11, 2008),
and accompanying Issues and Decision
Memorandum at Comment 16.
12 Id.
13 In these preliminary results, the Department
applied the assessment rate calculation
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merchandise during the POR produced
by each respondent for which it did not
know its merchandise was destined for
the United States, we will instruct CBP
to liquidate un-reviewed entries at the
all-others rate if there is no rate for the
intermediate company involved in the
transaction.14 We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is above de
minimis. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of solar
products from Taiwan entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for the companies
under review will be the rate
established in the final results of this
review (except, if the rate is zero or de
minimis, no cash deposit will be
required); (2) for merchandise exported
by manufacturers or exporters not
covered in this review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the manufacturer
or exporter participated; (3) if the
exporter is not a firm covered in this
review, a prior review, or the less-thanfair-value investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recently completed segment of the
proceeding for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
methodology adopted in Antidumping Proceedings:
Calculation of the Weighted-Average Dumping
Margin and Assessment Rate in Certain
Antidumping Proceedings: Final Modification, 77
FR 8101 (February 14, 2012).
14 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
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exporters will continue to be 19.50
percent ad valorem, the all-others rate
established in the less-than-fair-value
investigation.15 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
The Department intends to disclose
the calculations used in our analysis to
interested parties in this review within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Interested parties are invited
to comment on the preliminary results
of this review. Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no
later than five days after the time limit
for filing case briefs.16 Parties who
submit case briefs or rebuttal briefs in
this proceeding are requested to submit
with each brief: (1) A statement of the
issue, (2) a brief summary of the
argument, and (3) a table of
authorities.17 Executive summaries
should be limited to five pages total,
including footnotes.18 Case and rebuttal
briefs should be filed using ACCESS.19
Pursuant to 19 CFR 351.310(c), any
interested party may request a hearing
within 30 days of the publication of this
notice in the Federal Register. If a
hearing is requested, the Department
will notify interested parties of the
hearing schedule. Interested parties who
wish to request a hearing, or to
participate if one is requested, must
submit a written request to the Assistant
Secretary for Enforcement and
Compliance, filed electronically via
ACCESS within 30 days after the date of
publication of this notice. Requests
should contain: (1) The party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed. Issues raised
in the hearing will be limited to those
raised in the respective case and
rebuttal briefs.
We intend to issue the final results of
this administrative review, including
the results of our analysis of issues
raised by the parties in the written
comments, within 120 days of
publication of these preliminary results
in the Federal Register, unless
otherwise extended.20
15 See Certain Crystalline Silicon Photovoltaic
Products: Final Determination of Sales at Less Than
Fair Value, 79 FR 76966 (December 23, 2014).
16 See 19 CFR 351.309(d)(1).
17 See 19 CFR 351.309(c)(2) and (d)(2).
18 Id.
19 See 19 CFR 351.303.
20 See section 751(a)(3)(A) of the Act.
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Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
These preliminary results of
administrative review are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h)(1).
Dated: December 13, 2017.
Gary Taverman,
Deputy Assistance Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Selection of Respondents
5. Affiliation and Collapsing of Affiliates
6. Unexamined Respondents
7. Discussion of Methodology
8. Product Comparisons
9. Date of Sale
10. Export Price
11. Normal Value
12. Revisions to SAS-Solartech’s Reported
Home Market Sales
13. Cost of Production Analysis
14. Calculation of NV Based on ComparisonMarket Prices
15. Currency Conversions
16. Conclusion
[FR Doc. 2017–27405 Filed 12–19–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Accurate Fluorescence Measurements
Consortium
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice; request for information.
sradovich on DSK3GMQ082PROD with NOTICES
AGENCY:
The National Institute of
Standards and Technology (NIST), an
agency of the United States Department
of Commerce, is establishing the
Accurate Fluorescence Measurements
Consortium and invites organizations to
SUMMARY:
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participate in this Consortium. The
Consortium will develop tools for
improving the accuracy of quantitative
fluorescence measurements including
reference materials, reference data and
reference methods for relative spectral
correction of spectra, lifetimes and
quantum yields and for assessing the
associated uncertainties and utilities.
Participation in this Consortium is open
to all eligible organizations, as described
below.
DATES: NIST will accept responses for
participation in this Consortium on an
ongoing basis. The Consortium’s
activities will commence on January 2,
2018 (‘‘Commencement Date’’).
Acceptance of participants into the
Consortium after the Commencement
Date will depend on eligibility and the
availability of NIST resources.
ADDRESSES: Information in response to
this notice and request for additional
information about the Consortium can
be directed via mail to the NIST
Consortium Manager, Dr. Paul DeRose,
Biosystems and Biomaterials Division of
NIST’s Material Measurement
Laboratory, 100 Bureau Drive,
Gaithersburg, Maryland 20899–8312, or
via electronic mail to lili.wang@nist.gov.
FOR FURTHER INFORMATION CONTACT: For
further information about partnership
opportunities or about the terms and
conditions of NIST’s Cooperative
Research and Development Agreement
(CRADA), please contact Jeffrey
DiVietro, CRADA and License Officer,
National Institute of Standards and
Technology’s Technology Partnerships
Office, by mail to 100 Bureau Drive,
Mail Stop 2200, Gaithersburg, Maryland
20899, by electronic mail to
jeffrey.divietro@nist.gov, or by
telephone at (301) 975–8779.
SUPPLEMENTARY INFORMATION:
Quantitative fluorescence measurements
are used for instrument qualification
and method validation in the
pharmaceutical and chemical
industries. It is also increasingly being
used for detection of antibodies in
clinical diagnostics and biomedical
research. The measurements made on
different instrument platforms at
different times and locations cannot be
compared accurately, which makes
diagnostic decisions unreliable and
slows down advances in these areas. In
response to this limitation, NIST,
secondary standards manufacturers and
other stakeholders have developed
methodologies to implement
quantitation fluorescence
measurements.
NIST produced SRMs 2940 through
2944 in the past nine years as relative
intensity correction standards for
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fluorescence spectroscopy. These
standards are needed by fluorescence
instrument manufacturers and regulated
communities that use quantitative
fluorescence detection. For instance, the
pharmaceutical and biotechnology
communities use SRMs 2940 through
2944 to calibrate and verify the
performance of their fluorescence
instruments, which is required to
achieve accurate results in secondary
screening of drugs and in quantitative
analysis of bioassays. Many other
communities that use fluorescence
detection need similar standards, but
cannot afford the price of these SRMs or
require different sample formats.
Few secondary standards of this type
have been produced by industry
because most companies do not have
the fluorescence measurement
capabilities and expertise to make high
accuracy measurements. This
Consortium is intended to give
secondary standard manufacturers, as
well as other stakeholders in the
fluorescence measurement community,
access to highly accurate fluorescence
measurement capabilities available at
NIST. In return, these manufacturers
provide NIST information about new
materials, future material needs, and
new customer bases. These
manufacturers know the needs of
different communities and have
developed new materials to meet these
needs. Many of the fluorescent materials
to be measured have not been used as
standards and the suitability of these
materials as standards is of great interest
to NIST. NIST’s understanding of the
fluorescent characteristics of such
materials through collaborative research
and information exchange may lead to
new NIST standards in this and other
related areas. It is also important for
NIST to know about additional
standards needed in emerging
technologies. Collaborators will supply
NIST with this knowledge and work
with NIST to design and characterize
the best standards for such emerging
technologies. Through this process,
collaborators will assist NIST to develop
better reference materials.
Participation Process
Eligibility will be determined by NIST
using the information provided by an
organization in response to this notice
based on the information requested
below.
An organization responding to this
notice should provide the following
information to NIST’s Consortium
Manager:
(1) Type of Reference Materials:
Format of the sample (e.g., standard
cuvette, microwell plate, microscope
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]]>Agencies
[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Notices]
[Pages 60370-60373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27405]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-853]
Certain Crystalline Silicon Photovoltaic Products From Taiwan:
Preliminary Results of Antidumping Duty Administrative Review and
Partial Rescission of Antidumping Duty Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty (AD) order on certain
crystalline silicon photovoltaic products (solar products) from Taiwan.
The period of review (POR) is February 1, 2016, through January 31,
2017. This administrative review covers 11 exporters of the subject
merchandise, including one mandatory respondent, Motech Industries,
Inc. (Motech). The Department preliminarily determines that Motech made
sales of subject merchandise at less than normal value during the POR.
Additionally, we are rescinding this administrative review with respect
to 23 companies that timely withdrew their requests for administrative
review. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable December 20, 2017.
FOR FURTHER INFORMATION CONTACT: Ariela Garvett or Thomas Martin, AD/
CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3609 or (202)
482-3936, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 8, 2017, the Department notified interested parties of
the opportunity to request an administrative review of orders,
findings, or suspended investigations with anniversaries in February
2017, including the antidumping duty order on solar products from
Taiwan.\1\ On February 28, 2017, SolarWorld Americas Inc. (the
petitioner), as well as various exporters and exporters, requested that
the Department conduct an administrative review of certain exporters
covering the POR. On April 10, 2017, the Department published a notice
initiating an AD administrative review of solar products from Taiwan
covering 34 companies for the POR.\2\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 82 FR 9709 (February 8, 2017).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 17188, 17189 (April 10, 2017)
(Initiation Notice).
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In the Initiation Notice, the Department stated that if it limited
the number of respondents for individual examination, it intended to
select respondents based on volume data contained in responses to its
quantity and value (Q&V) questionnaire.\3\ On April 10, 2017, the
Department issued Q&V questionnaires to all 11 companies that appeared
in the U.S. Customs and Border Protection (CBP) data for import and
merchandise value.\4\ We received Q&V questionnaire responses from 11
companies \5\ named in the Initiation
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Notice. The remaining 23 companies withdrew their requests for
administrative review, pursuant to 19 CFR 351.213(d)(1).
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\3\ Id. at 17189.
\4\ The Department explained in the Initiation Notice that the
units used to measure the imported quantities of solar cells and
solar modules in the CBP data are in ``piece'' units, and it would
not be meaningful to sum the number of imported solar cells and the
number of imported solar modules in attempting to determine the
largest Taiwan exporters of subject merchandise by volume. Id.
Therefore, the Department stated that it would limit the number of
Q&V questionnaires issued based on the import values in CBP data.
Id.
\5\ The 11 companies that submitted a Q&V questionnaire response
include: AU Optronics Corporation, EEPV Corp., Gintech Energy
Corporation, Inventec Solar Energy Corporation, Kyocera Mexicana
S.A. de C.V., Motech Industries, Inc., Neo Solar Power Corporation,
Sino-American Silicon Products Inc., Solartech Energy Corp. group,
TSEC Corporation, and Vina Solar Technology Co., Ltd.
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On May 24, 2017, the Department selected Motech as a mandatory
respondent.\6\ From May 25, 2017, through November 16, 2017, the
Department issued questionnaires to, and received timely responses
from, Motech.\7\ The petitioner commented on these responses between
July 6, July 28, October 3, and October 24, 2017.
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\6\ See memorandum from Thomas Martin, Senior International
Trade Compliance Analyst, Office IV, AD/CVD Operations, Enforcement
and Compliance to Abdelali Elouaradia, Director, Office IV, AD/CVD
Operations, Enforcement and Compliance regarding ``2016-2017
Antidumping Duty Administrative Review of Certain Crystalline
Silicon Photovoltaic Products from Taiwan: Respondent Selection,''
dated May 24, 2017 (Respondent Selection Memorandum) at 4-5.
\7\ See Letters from Motech to the Department dated June 22,
July 13, September 20, October 3, October 13, November 6, November
13, and November 16, 2017.
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Partial Rescission of Antidumping Duty Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an
administrative review, in whole or in part, if a party that requested
the review withdraws its request within 90 days of the date of
publication of the notice of initiation of the requested review.
Twenty-three companies \8\ withdrew their respective requests for an
administrative review within 90 days of the date of publication of
Initiation Notice. Accordingly, the Department is rescinding this
review with respect to these 23 companies.
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\8\ Baoding Jiasheng Photovoltaic Technology Co Ltd., Baoding
Tianwei Yingli New Energy Resources Co., Ltd., Beijing Tianneng
Yingli New Energy Resources Co Ltd., Boviet Solar Technology Co.,
Ltd., Canadian Solar Inc., Canadian Solar International, Ltd.,
Canadian Solar Manufacturing (Changshu), Inc., Canadian Solar
Manufacturing (Luoyang), Inc., Canadian Solar Solution Inc., E-TON
Solar Tech. Co., Ltd., Hainan Yingli New Energy Resources Co., Ltd.,
Hengshui Yingli New Energy Resources Co., Ltd., Inventec Energy
Corporation., Lixian Yingli New Energy Resources Co., Ltd., Shenzhen
Yingli New Energy Resources Co., Ltd., Sunengine Corporation Ltd.,
Sunrise Global Solar Energy., Tianjin Yingli New Energy Resources
Co., Ltd., Trina Solar (Schweiz) AG., Trina Solar (Singapore)
Science and Technology Pte Ltd., Win Win Precision Technology Co.,
Ltd., Yingli Energy (China) Co., Ltd., and Yingli Green Energy
International Trading Company Limited.
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Scope of the Order
The merchandise covered by this order is crystalline silicon
photovoltaic cells, and 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.\9\ Merchandise covered by this order is currently classified
in the Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060,
8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS
subheadings are provided for convenience and customs purposes; the
written description of the scope is dispositive.
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\9\ For a complete description of the scope of the products
under review, see Memorandum from James Maeder, Senior Director,
performing the duties of Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, to 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, ``Decision
Memorandum for Preliminary Results of the 2016-2017 Antidumping Duty
Administrative Review of Certain Crystalline Silicon Photovoltaic
Products from Taiwan,'' dated concurrently with, and hereby adopted
by this notice (Preliminary Decision Memorandum). The Preliminary
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 available 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 accessed
directly on the internet at https://enforcement.trade.gov/frn/. The
signed and electronic versions of the Preliminary Decision
Memorandum are identical in content.
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Methodology
The Department is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price
and constructed export price are calculated in accordance with section
772 of the Act. Normal value is calculated in accordance with section
773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.\10\ A list of
topics included in the Preliminary Decision Memorandum is included as
an Appendix to this notice.
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\10\ See Preliminary Decision Memorandum.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins for the period February 1,
2016 through January 31, 2017:
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Weighted-average
Manufacturer/exporter margin (percent)
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Motech Industries, Inc.............................. 1.07
AU Optronics Corporation............................ 1.07
EEPV Corp........................................... 1.07
Gintech Energy Corporation.......................... 1.07
Inventec Solar Energy Corporation................... 1.07
Kyocera Mexicana S.A. de C.V........................ 1.07
Neo Solar Power Corporation......................... 1.07
Sino-American Silicon Products Inc. and Solartech 1.07
Energy Corp........................................
TSEC Corporation.................................... 1.07
Vina Solar Technology Co., Ltd...................... 1.07
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Rate for Companies Not Individually Examined
The statute and the Department's regulations do not address the
establishment of a rate to be applied to respondents not selected for
individual examination when the Department limits its examination of
companies subject to the administrative review pursuant to section
777A(c)(2)(B) of the Act. Generally, the Department looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation, for guidance when calculating the
rate for respondents not individually examined in an administrative
review. Section 735(c)(5)(A) of the Act articulates a
[[Page 60372]]
preference for not calculating an all-others rate using rates which are
zero, de minimis or based entirely on facts available (FA).\11\
Accordingly, the Department's usual practice has been to determine the
dumping margin for companies not individually examined by averaging the
weighted-average dumping margins for the individually examined
respondents, excluding rates that are zero, de minimis, or based
entirely on facts available.\12\ Consistent with this practice, we
preliminarily calculated a weighted-average dumping margin for Motech
that is above de minimis and not based entirely on FA; therefore, the
Department preliminarily assigns to the non-selected companies the
weighted-average margin calculated for Motech as the non-selected
respondent rate for this review.
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\11\ See Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR
52823, 52824 (September 11, 2008), and accompanying Issues and
Decision Memorandum at Comment 16.
\12\ Id.
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Assessment Rates
As noted above, we are rescinding the review with respect to 23
companies that withdrew their requests for an administrative review
within 90 days of the date of publication of the Initiation Notice. As
such, the Department intends to issue appropriate assessment
instructions to CBP 15 days after the date of publication of this
notice for these 23 companies. Antidumping duties shall be assessed at
rates equal to the cash deposit of estimated antidumping duties
required at the time of entry, or withdrawal from warehouse, for
consumption in accordance with 19 CFR 351.212(c)(1)(i).
Upon completion of the administrative review, the Department shall
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 date of publication of
the final results of this review.
For any individually examined respondents whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent), we will
calculate importer-specific ad valorem duty assessment rates based on
the ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).\13\ For entries of subject
merchandise during the POR produced by each respondent for which it did
not know its merchandise was destined for the United States, we will
instruct CBP to liquidate un-reviewed entries at the all-others rate if
there is no rate for the intermediate company involved in the
transaction.\14\ We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review
is above de minimis. Where either the respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
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\13\ In these preliminary results, the Department applied the
assessment rate calculation methodology adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
\14\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of solar products from Taiwan entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies
under review will be the rate established in the final results of this
review (except, if the rate is zero or de minimis, no cash deposit will
be required); (2) for merchandise exported by manufacturers or
exporters not covered in this review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding in which the manufacturer or exporter participated; (3) if
the exporter is not a firm covered in this review, a prior review, or
the less-than-fair-value investigation, but the manufacturer is, the
cash deposit rate will be the rate established for the most recently
completed segment of the proceeding for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 19.50 percent ad valorem, the all-
others rate established in the less-than-fair-value investigation.\15\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\15\ See Certain Crystalline Silicon Photovoltaic Products:
Final Determination of Sales at Less Than Fair Value, 79 FR 76966
(December 23, 2014).
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Disclosure and Public Comment
The Department intends to disclose the calculations used in our
analysis to interested parties in this review within five days of the
date of publication of this notice in accordance with 19 CFR
351.224(b). Interested parties are invited to comment on the
preliminary results of this review. Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may submit case briefs no later
than 30 days after the date of publication of this notice. Rebuttal
briefs, limited to issues raised in the case briefs, may be filed no
later than five days after the time limit for filing case briefs.\16\
Parties who submit case briefs or rebuttal briefs in this proceeding
are requested to submit with each brief: (1) A statement of the issue,
(2) a brief summary of the argument, and (3) a table of
authorities.\17\ Executive summaries should be limited to five pages
total, including footnotes.\18\ Case and rebuttal briefs should be
filed using ACCESS.\19\
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\16\ See 19 CFR 351.309(d)(1).
\17\ See 19 CFR 351.309(c)(2) and (d)(2).
\18\ Id.
\19\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of the publication of this notice in the Federal
Register. If a hearing is requested, the Department will notify
interested parties of the hearing schedule. Interested parties who wish
to request a hearing, or to participate if one is requested, must
submit a written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS within 30 days after the
date of publication of this notice. Requests should contain: (1) The
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Issues
raised in the hearing will be limited to those raised in the respective
case and rebuttal briefs.
We intend to issue the final results of this administrative review,
including the results of our analysis of issues raised by the parties
in the written comments, within 120 days of publication of these
preliminary results in the Federal Register, unless otherwise
extended.\20\
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\20\ See section 751(a)(3)(A) of the Act.
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[[Page 60373]]
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.213(h)(1).
Dated: December 13, 2017.
Gary Taverman,
Deputy Assistance Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Selection of Respondents
5. Affiliation and Collapsing of Affiliates
6. Unexamined Respondents
7. Discussion of Methodology
8. Product Comparisons
9. Date of Sale
10. Export Price
11. Normal Value
12. Revisions to SAS-Solartech's Reported Home Market Sales
13. Cost of Production Analysis
14. Calculation of NV Based on Comparison-Market Prices
15. Currency Conversions
16. Conclusion
[FR Doc. 2017-27405 Filed 12-19-17; 8:45 am]
BILLING CODE 3510-DS-P
