Certain Crystalline Silicon Photovoltaic Products From Taiwan: Amended Preliminary Results and Preliminary Determination of No Shipments, 3674-3675 [2018-01446]

Download as PDF 3674 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices Estimated Number of Respondents: 1. Estimated Time per Response: 201 hours. Estimated Total Annual Burden Hours: 201. Estimated Total Annual Cost to Public: $0. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Sheleen Dumas, Departmental PRA Lead, Office of the Chief Information Officer. [FR Doc. 2018–01323 Filed 1–25–18; 8:45 am] DEPARTMENT OF COMMERCE International Trade Administration [A–583–853] Certain Crystalline Silicon Photovoltaic Products From Taiwan: Amended Preliminary Results and Preliminary Determination of No Shipments Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is amending the preliminary results of the administrative review of the antidumping duty order on certain crystalline silicon photovoltaic products (solar products) from Taiwan covering the period of review (POR) February 1, 2016, through January 31, 2017. DATES: January 26, 2018. FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482–3936. daltland on DSKBBV9HB2PROD with NOTICES VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 Background On April 10, 2017, Commerce published a notice initiating an antidumping administrative review of solar products from Taiwan covering 34 companies for the POR.1 On December 20, 2017, Commerce published the preliminary results of antidumping duty administrative review and partial rescission of antidumping duty administrative review.2 In this notice, Commerce stated incorrectly that 23 of the 34 companies 3 listed in the Initiation Notice had withdrawn their requests for administrative review, pursuant to 19 CFR 351.213(d)(1).4 Actually, neither petitioner nor any of the 23 companies had withdrawn requests for administrative review. Thus, all 23 companies remain under review. Preliminary Determination of No Shipments Of the 23 companies at issue, 14 companies filed timely statements reporting that they made no shipments of subject merchandise to the United States during the POR. Based on the certifications submitted by these companies and our analysis of U.S. Customs and Border Protection (CBP) information, we preliminarily determine 1 See BILLING CODE 3510–33–P AGENCY: SUPPLEMENTARY INFORMATION: Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 17188, 17189 (April 10, 2017) (Initiation Notice). 2 See Certain Crystalline Silicon Photovoltaic Products from Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2016–2017, 82 FR 60370 (Dec 20, 2017) and accompanying Preliminary Decision Memorandum (Preliminary Results). 3 Commerce stated that the following companies had withdrawn requests for administrative review: 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. 4 See Letter from AU Optronics et al., ‘‘Re: Certain Crystalline Silicon Photovoltaic Products from Taiwan—Comment on Partial Rescission of Administrative Review, dated December 22, 2017; see also Letter from Canadian Solar Inc. et al., ‘‘Re: Crystalline Silicon Photovoltaic Products from Taiwan (02/01/2016—01/31/2017): Comments Opposing Decision to Rescind Review for Canadian Solar Entities,’’ dated December 27, 2017. PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 that these 14 companies had no shipments during the POR.5 Given that these companies certified that they made no shipments of subject merchandise to the United States during the POR, and there is no information calling their claims into question, we preliminarily determine that these companies did not have any reviewable transactions during the POR. Commerce will issue a no-shipment inquiry to CBP requesting that it review these noshipment claims. Consistent with Commerce’s practice, we will not rescind the review, but, rather, will complete the review and issue instructions to CBP based on the final results.6 Rate for Companies Not Individually Examined Of the 23 companies at issue, the remaining nine are non-selected respondents. Consistent with our preliminary results and Commerce’s practice, we preliminarily assign to these nine companies the Motech Industries Inc.7 preliminary rate of 1.07 percent. See table below. Manufacturer/ exporter Canadian Solar Inc ..................... Canadian Solar International, Ltd Canadian Solar Manufacturing (Changshu), Inc ...................... Canadian Solar Manufacturing (Luoyang), Inc ......................... Canadian Solar Solution Inc ....... Sunrise Global Solar Energy ...... Trina Solar (Schweiz) AG ........... Weightedaverage margin (percent) 1.07 1.07 1.07 1.07 1.07 1.07 1.07 5 See certifications of no shipments filed by Sunengine Corporation Ltd, dated April 24, 2017, and certifications of no shipments filed by Boviet Solar Technology Co., Ltd, Baoding Jiasheng Photovoltaic Technology Co., Ltd., Baoding Tianwei Yingli New Energy Resources Co., Ltd., Beijing Tianneng Yingli New Energy Resources Co., Ltd., Hainan Yingli New Energy Resources Co., Ltd., Hengshui Yingli New Energy Resources Co., Ltd., Lixian Yingli New Energy Resources Co., Ltd., Shenzhen Yingli New Energy Resources Co., Ltd., Tianjin Yingli New Energy Resources Co., Ltd., Yingli Energy (China) Co., Ltd., and Yingli Green Energy International Trading Company Limited, dated May 10, 2017. See also Letter from Inventec Solar Energy Corporation and its affiliates, dated April 24, 2017 (certifying that E–TON Solar Tech. Co., Ltd., and Inventec Energy Corporation had no shipments). 6 See, e.g., Certain Frozen Warmwater Shrimp from Thailand; Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Review, Preliminary Determination of No Shipments; 2012–2013, 79 FR 15951, 15952 (March 24, 2014), unchanged in Certain Frozen Warmwater Shrimp from Thailand: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Partial Rescission of Review; 2012–2013, 79 FR 51306, 51307 (August 28, 2014). 7 See Preliminary Results, 82 FR at 60371. E:\FR\FM\26JAN1.SGM 26JAN1 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices Weightedaverage margin (percent) Manufacturer/ exporter Trina Solar (Singapore) Science and Technology Pte Ltd .......... Win Win Precision Technology Co., Ltd ................................... 1.07 1.07 Dated: January 18, 2018. 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. [FR Doc. 2018–01446 Filed 1–25–18; 8:45 am] BILLING CODE 3510–DS–P daltland on DSKBBV9HB2PROD with NOTICES Assessment Rates Upon issuance of the final results, Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review, in accordance with 19 CFR 351.212(b). Commerce intends to issue assessment instructions to CBP 15 days after the publication date of the final results of review. 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 exporters will continue to be 19.50 percent ad valorem, the all-others rate established in the less-than-fair-value investigation.8 These cash deposit requirements, when imposed, shall remain in effect until further notice. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). 8 See Certain Crystalline Silicon Photovoltaic Products from Taiwan: Final Determination of Sales at Less Than Fair Value, 79 FR 76966 (December 23, 2014). VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–836] Glycine From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Results of the Antidumping Duty Administrative Review; 2010–2011 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Court of International Trade (CIT or Court) sustained the final remand results pertaining to the administrative review of the antidumping duty order on glycine from the People’s Republic of China (China), covering the period of March 1, 2010, through February 28, 2011. The Department of Commerce (Commerce) is notifying the public that the final judgment in this case is not in harmony with Commerce’s final results of the administrative review and that Commerce is amending the final results with respect to the dumping margin assigned to Baoding Mantong Fine Chemistry Co. Ltd. (Baoding Mantong). DATES: Applicable January 26, 2018. FOR FURTHER INFORMATION CONTACT: Madeline Heeren or Edythe Artman, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–9179 or (202) 482–3931, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On October 18, 2012, Commerce published the Final Results,1 in which it determined Baoding Mantong to have a weight-averaged dumping margin of 453.79 percent for the period under review. On November 3, 2015, the Court remanded these results to Commerce for reconsideration of all aspects of its determination of the margin assigned to 1 See Glycine from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, 77 FR 64100 (October 18, 2012) (Final Results). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 3675 Baoding Mantong in the Final Results.2 In the final results of redetermination, Commerce relied on surrogate financial information that resulted in a dumping margin of 64.97 percent.3 On April 19, 2017, the Court remanded the revised results to Commerce for reconsideration of the selection of certain surrogate values in its determination of the margin assigned to Baoding Mantong.4 In its second final results of redetermination, Commerce revised the surrogate values for three inputs—liquid ammonia, formaldehyde and steam coal—which resulted in a dumping margin of 0.00 percent.5 On December 20, 2017, the Court sustained the Second Results of Redetermination.6 Timken Notice In its decision in Timken,7 as clarified by Diamond Sawblades,8 the Court of Appeals for the Federal Circuit held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of a court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s December 20, 2017, final judgment sustaining the Second Results of Redetermination constitutes a final decision of the Court that is not in harmony with Commerce’s Final Results. This notice is published in fulfillment of the Timken publication requirements. Accordingly, Commerce will continue the suspension of liquidation of the subject merchandise pending a final and conclusive court decision. Amended Final Results of Review Because there is now a final court decision, Commerce is amending the Final Results with respect to the dumping margin calculated for Baoding Mantong. Based on the Second Results of Redetermination, as sustained by the CIT, the revised dumping margin for Baoding Mantong, for the period March 2 See Baoding Mantong Fine Chemistry Co., Ltd. v. United States, Court No. 12–00362, Slip Op. 15– 123 (CIT November 3, 2015). 3 See ‘‘Final Results of Redetermination Pursuant to Court Remand,’’ dated March 29, 2017. 4 See Baoding Mantong Fine Chemistry Co., Ltd. v. United States, Court No. 12–00362, Slip Op. 17– 44 (CIT April 19, 2017). 5 See‘‘Final Results of Redetermination Pursuant to Court Remand,’’ dated July 18, 2017 (Second Results of Redetermination). 6 See Baoding Mantong Fine Chemistry Co., Ltd. v. United States, Court No. 12–00362, Slip Op. 17– 169 (CIT December 20, 2017). 7 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 8 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). E:\FR\FM\26JAN1.SGM 26JAN1

Agencies

[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Pages 3674-3675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01446]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-853]


Certain Crystalline Silicon Photovoltaic Products From Taiwan: 
Amended Preliminary Results and Preliminary Determination of No 
Shipments

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is amending the 
preliminary results of the administrative review of the antidumping 
duty order on certain crystalline silicon photovoltaic products (solar 
products) from Taiwan covering the period of review (POR) February 1, 
2016, through January 31, 2017.

DATES: January 26, 2018.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, 
Office IV, Enforcement & Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230, telephone: (202) 482-3936.

SUPPLEMENTARY INFORMATION: 

Background

    On April 10, 2017, Commerce published a notice initiating an 
antidumping administrative review of solar products from Taiwan 
covering 34 companies for the POR.\1\ On December 20, 2017, Commerce 
published the preliminary results of antidumping duty administrative 
review and partial rescission of antidumping duty administrative 
review.\2\ In this notice, Commerce stated incorrectly that 23 of the 
34 companies \3\ listed in the Initiation Notice had withdrawn their 
requests for administrative review, pursuant to 19 CFR 
351.213(d)(1).\4\ Actually, neither petitioner nor any of the 23 
companies had withdrawn requests for administrative review. Thus, all 
23 companies remain under review.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 17188, 17189 (April 10, 2017) 
(Initiation Notice).
    \2\ See Certain Crystalline Silicon Photovoltaic Products from 
Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review and Partial Rescission of Antidumping Duty Administrative 
Review; 2016-2017, 82 FR 60370 (Dec 20, 2017) and accompanying 
Preliminary Decision Memorandum (Preliminary Results).
    \3\ Commerce stated that the following companies had withdrawn 
requests for administrative review: 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.
    \4\ See Letter from AU Optronics et al., ``Re: Certain 
Crystalline Silicon Photovoltaic Products from Taiwan--Comment on 
Partial Rescission of Administrative Review, dated December 22, 
2017; see also Letter from Canadian Solar Inc. et al., ``Re: 
Crystalline Silicon Photovoltaic Products from Taiwan (02/01/2016--
01/31/2017): Comments Opposing Decision to Rescind Review for 
Canadian Solar Entities,'' dated December 27, 2017.
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Preliminary Determination of No Shipments

    Of the 23 companies at issue, 14 companies filed timely statements 
reporting that they made no shipments of subject merchandise to the 
United States during the POR. Based on the certifications submitted by 
these companies and our analysis of U.S. Customs and Border Protection 
(CBP) information, we preliminarily determine that these 14 companies 
had no shipments during the POR.\5\ Given that these companies 
certified that they made no shipments of subject merchandise to the 
United States during the POR, and there is no information calling their 
claims into question, we preliminarily determine that these companies 
did not have any reviewable transactions during the POR. Commerce will 
issue a no-shipment inquiry to CBP requesting that it review these no-
shipment claims. Consistent with Commerce's practice, we will not 
rescind the review, but, rather, will complete the review and issue 
instructions to CBP based on the final results.\6\
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    \5\ See certifications of no shipments filed by Sunengine 
Corporation Ltd, dated April 24, 2017, and certifications of no 
shipments filed by Boviet Solar Technology Co., Ltd, Baoding 
Jiasheng Photovoltaic Technology Co., Ltd., Baoding Tianwei Yingli 
New Energy Resources Co., Ltd., Beijing Tianneng Yingli New Energy 
Resources Co., Ltd., Hainan Yingli New Energy Resources Co., Ltd., 
Hengshui Yingli New Energy Resources Co., Ltd., Lixian Yingli New 
Energy Resources Co., Ltd., Shenzhen Yingli New Energy Resources 
Co., Ltd., Tianjin Yingli New Energy Resources Co., Ltd., Yingli 
Energy (China) Co., Ltd., and Yingli Green Energy International 
Trading Company Limited, dated May 10, 2017. See also Letter from 
Inventec Solar Energy Corporation and its affiliates, dated April 
24, 2017 (certifying that E-TON Solar Tech. Co., Ltd., and Inventec 
Energy Corporation had no shipments).
    \6\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306, 
51307 (August 28, 2014).
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Rate for Companies Not Individually Examined

    Of the 23 companies at issue, the remaining nine are non-selected 
respondents. Consistent with our preliminary results and Commerce's 
practice, we preliminarily assign to these nine companies the Motech 
Industries Inc.\7\ preliminary rate of 1.07 percent. See table below.
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    \7\ See Preliminary Results, 82 FR at 60371.

 
------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                   Manufacturer/ exporter                       margin
                                                               (percent)
------------------------------------------------------------------------
Canadian Solar Inc..........................................        1.07
Canadian Solar International, Ltd...........................        1.07
Canadian Solar Manufacturing (Changshu), Inc................        1.07
Canadian Solar Manufacturing (Luoyang), Inc.................        1.07
Canadian Solar Solution Inc.................................        1.07
Sunrise Global Solar Energy.................................        1.07
Trina Solar (Schweiz) AG....................................        1.07

[[Page 3675]]

 
Trina Solar (Singapore) Science and Technology Pte Ltd......        1.07
Win Win Precision Technology Co., Ltd.......................        1.07
------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review, in accordance with 19 CFR 351.212(b). Commerce intends 
to issue assessment instructions to CBP 15 days after the publication 
date of the final results of review.

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.\8\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \8\ See Certain Crystalline Silicon Photovoltaic Products from 
Taiwan: Final Determination of Sales at Less Than Fair Value, 79 FR 
76966 (December 23, 2014).
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    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

    Dated: January 18, 2018.
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.
[FR Doc. 2018-01446 Filed 1-25-18; 8:45 am]
 BILLING CODE 3510-DS-P