Certain Crystalline Silicon Photovoltaic Products From Taiwan: Final Results of Antidumping Duty Administrative Review; 2016-2017, 30401-30403 [2018-13858]
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Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Notices
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov or fax to (202)395–5806.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer.
[FR Doc. 2018–13890 Filed 6–27–18; 8:45 am]
Dated: June 25, 2018.
Andrew McGilvray,
Executive Secretary.
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
[FR Doc. 2018–13916 Filed 6–27–18; 8:45 am]
BILLING CODE 3510–DS–P
Foreign-Trade Zones Board
[B–13–2018]
DEPARTMENT OF COMMERCE
Foreign-Trade Zone (FTZ) 138—
Franklin County, Ohio; Authorization
of Production Activity; International
Converter (Insulation Facer); Caldwell,
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On February 23, 2018, International
Converter submitted a notification of
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The notification was processed in
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The production activity described in the
notification was authorized, subject to
the FTZ Act and the FTZ Board’s
regulations, including Section 400.14.
Dated: June 25, 2018.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2018–13915 Filed 6–27–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
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[B–14–2018]
amozie on DSK3GDR082PROD with NOTICES1
Foreign-Trade Zone (FTZ) 158—
Vicksburg/Jackson, Mississippi;
Authorization of Production Activity;
International Converter (Insulation
Facer); Iuka, Mississippi
On February 23, 2018, International
Converter submitted a notification of
proposed production activity to the FTZ
Board for its facility within FTZ 158, in
Iuka, Mississippi.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (83 FR 8965–8966,
VerDate Sep<11>2014
March 2, 2018). On June 25, 2018, the
applicant was notified of the FTZ
Board’s decision that no further review
of the activity is warranted at this time.
The production activity described in the
notification was authorized, subject to
the FTZ Act and the FTZ Board’s
regulations, including Section 400.14.
17:08 Jun 27, 2018
Jkt 244001
International Trade Administration
[A–583–853]
Certain Crystalline Silicon Photovoltaic
Products From Taiwan: Final Results
of Antidumping Duty Administrative
Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) continues to find that
manufacturers/exporters of certain
crystalline silicon photovoltaic products
(solar products) sold solar products at
less than normal value during the
period of review (POR), February 1,
2016, through January 31, 2017.
DATES: Applicable June 28, 2018.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3936,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 20, 2017, Commerce
published the Preliminary Results of
this administrative review.1 On January
26, 2018, Commerce published
Amended Preliminary Results.2 For the
events that occurred since the
Preliminary Results and Amended
Preliminary Results, see the Issues and
1 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
(December 20, 2017) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Amended Preliminary
Results and Preliminary Determination of No
Shipments, 83 FR 3674 (January 26, 2018)
(Amended Preliminary Results).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
30401
Decision Memorandum.3 These final
results cover 33 companies.4 Commerce
conducted this review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act).
Commerce exercised its discretion to
toll all deadlines affected by the closure
of the Federal Government from January
20 through 22, 2018.5 As a result, the
revised deadline for the final results of
this review was April 23, 2018. On
April 5, 2018, Commerce postponed the
final results of this review until May 22,
2018.6 On May 21, 2018, Commerce
postponed the final results of this
review until June 21, 2018.7
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. 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.
For a complete description of the
scope of the order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum, which is hereby
adopted with this notice. A list of the
issues which parties raised, and to
which we responded in the Issues and
Decision Memorandum, can be found in
3 See Issues and Decision Memorandum (IDM)
dated concurrently with this notice and
incorporated herein by reference.
4 The 33 companies consist of one mandatory
respondent, 18 respondents not individually
examined, and 14 companies for which we have
reached a ‘‘no shipments’’ final finding.
5 See Memorandum, ‘‘Deadlines Affected by the
Shutdown of the Federal Government,’’ dated
January 23, 2018. All deadlines in this segment of
the proceeding have been extended by three days.
6 See Memorandum, Certain Crystalline Silicon
Photovoltaic Products from Taiwan: Extension of
Deadline for Final Results of Antidumping Duty
Administrative Review,’’ dated April 5, 2018.
7 See Memorandum, Certain Crystalline Silicon
Photovoltaic Products from Taiwan: Second
Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,’’ dated
May 21, 2018.
E:\FR\FM\28JNN1.SGM
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30402
Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Notices
the Appendix 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 is 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 Issues and
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we made certain
changes to the Preliminary Results.
Specifically, we have determined to
base Motech Industries, Inc. (Motech)’s
cost of production on the unadjusted
cost of production in its books and
records, and we have excluded sales to
one U.S. customer from the margin
calculation, due to the lack of
substantial evidence on the record that
the sales were made to customers in the
United States. For a full discussion of
these changes, see the Issues and
Decision Memorandum.
amozie on DSK3GDR082PROD with NOTICES1
Final Determination of No Shipments
In the Amended Preliminary Results,
Commerce preliminarily determined
that 14 companies had no shipments
during the POR.8 These companies are:
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., 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.,
Tianjin Yingli New Energy Resources
Co., Ltd., Yingli Energy (China) Co.,
Ltd., and Yingli Green Energy
International Trading Company Limited.
Following publication of the
Amended Preliminary Results,
Commerce issued a no-shipment inquiry
to U.S. Customs and Border Protection
(CBP), and received a response to this
8 See Amended Preliminary Results, 83 FR at
3674.
VerDate Sep<11>2014
17:08 Jun 27, 2018
Jkt 244001
inquiry from CBP.9 We received one
comment from interested parties
regarding these companies, from
Inventec Solar Energy Corporation and
its affiliates, Inventec Energy
Corporation and E–TON Solar Tech.
Co., Ltd., which confirmed Commerce’s
preliminary finding that Inventec Solar
Energy Corporation had shipments, but
that E–TON Solar Tech. Co., Ltd., and
Inventec Energy Corporation did not
have shipments.
Because the record contains no
evidence to the contrary, we continue to
find that these 14 companies made no
shipments during the POR. Accordingly,
consistent with Commerce’s practice,
we will instruct CBP to liquidate any
existing entries of merchandise
produced by these 14 companies, but
exported by other parties, at the rate for
the intermediate reseller, if available, or
at the all-others rate.10
Rate for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for examination
when Commerce limits its examination
in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in a
market economy investigation, for
guidance when calculating the rate for
companies which were not selected for
individual review in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
‘‘an amount equal to the weighted
average of the estimated weighted
average dumping margins established
for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’ In this review,
we calculated a weighted-average
dumping margin for Motech that is not
zero, de minimis, or determined entirely
on the basis of facts available, and have
applied this rate to the non-examined
companies.
Final Results of Review
Commerce determines that the
following weighted-average dumping
9 See Memorandum, ‘‘Response by U.S. Customs
and Border Protection to Commerce’s No Shipments
Inquiry,’’ dated February 21, 2018.
10 See, e.g., Magnesium Metal from the Russian
Federation: Preliminary Results of Antidumping
Duty Administrative Review, 75 FR 26922, 26923
(May 13, 2010), unchanged in Magnesium Metal
from the Russian Federation: Final Results of
Antidumping Duty Administrative Review, 75 FR
56989 (September 17, 2010).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
margins exist for the period February 1,
2016 through January 31, 2017:
Manufacturer/exporter
Motech Industries, Inc ..........
AU Optronics Corporation ....
Canadian Solar Inc ...............
Canadian Solar International,
Ltd .....................................
Canadian Solar Manufacturing (Changshu), Inc ......
Canadian Solar Manufacturing (Luoyang), Inc .........
Canadian Solar Solution Inc
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 ......................
Sunrise Global Solar Energy
Trina Solar (Schweiz) AG .....
Trina Solar (Singapore)
Science and Technology
Pte Ltd ...............................
TSEC Corporation ................
Vina Solar Technology Co.,
Ltd .....................................
Win Win Precision Technology Co., Ltd ..................
Weightedaverage
margin
(percent)
1.33
1.33
1.33
1.33
1.33
1.33
1.33
1.33
1.33
1.33
1.33
1.33
1.33
1.33
1.33
1.33
1.33
1.33
1.33
Disclosure
Commerce intends to disclose the
calculations performed for these final
results of review within five days of the
date of publication of this notice in the
Federal Register, in accordance with 19
CFR 351.224(b).
Duty Assessment
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
shall determine, and CBP shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review.11 Commerce intends to issue
assessment instructions to CBP 15 days
after the date of publication of the final
results of this administrative review in
the Federal Register.
Commerce calculated a weightedaverage dumping margin by dividing the
total amount of dumping for reviewed
sales to that party by the total sales
quantity associated with those
transactions, and Commerce will direct
11 In these final results, Commerce applied the
assessment rate calculation method 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).
E:\FR\FM\28JNN1.SGM
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Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Notices
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CBP to assess importer- (or customer-)
specific assessment rates based on the
resulting per-unit rates.12 Where an
importer- (or customer-) specific ad
valorem or per-unit rate is greater than
de minimis (i.e., 0.50 percent),
Commerce will instruct CBP to collect
the appropriate duties at the time of
liquidation.13 Where an importer- (or
customer-) specific ad valorem or perunit rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.14
For the companies which were not
selected for individual review, we will
assign an assessment rate based on the
methodology described in the ‘‘Rates for
Non-Examined Companies’’ section,
above.
Consistent with Commerce’s
assessment practice, for entries of
subject merchandise during the POR
produced by Motech, or the nonexamined companies, for which the
producer did not know that its
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.15
As noted in the ‘‘Final Determination
of No Shipments’’ section, above,
Commerce will instruct CBP to liquidate
any existing entries of merchandise
produced by the ‘‘no shipment’’
companies, but exported by other
parties, at the rate for the intermediate
reseller, if available, or at the all-others
rate.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
for by section 751(a)(2)(C) of the Act: (1)
The cash deposit rates for the
companies listed in these final results
will be equal to the weighted-average
dumping margins established in the
final results of this review; (2) for
merchandise exported by producers or
exporters not covered in this review but
covered in a prior segment of this
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment in which the
company was reviewed; (3) if the
exporter is not a firm covered in this
review or the original less-than-fairvalue (LTFV) investigation, but the
producer is, the cash deposit rate will be
the rate established for the most recently
completed segment of this proceeding
for the producer of the subject
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 19.50 percent,16 the
all-others rate established in the LTFV
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
Regarding Administrative Protective
Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h) and 351.221(b)(5).
12 Id.
13 Id.
14 See
19 CFR 351.106(c)(2).
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
15 For
VerDate Sep<11>2014
17:08 Jun 27, 2018
Jkt 244001
16 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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30403
Dated: June 21, 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.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Discussion of the Issues
Comment 1: Whether Motech Had Actual
or Constructive Knowledge of U.S. Sales
to a Specific U.S. Customer.
Comment 2: Whether Motech’s Contract
Numbers Should be Made Public for
Purposes of Liquidating Entries
Comment 3: Correction of a Cell Reference
in the Preliminary Cost Calculations
Comment 4: Whether Commerce Should
Assign Cell Grades to Prime and NonPrime Categories for Normal Value
Calculation and Model Matching
Comment 5: Whether the Draft Liquidation
Instructions Properly Reference the ‘‘All
Others’’ Rate
Comment 6: Whether the Motech
Liquidation Instructions Instruct CBP to
Liquidate Exports by Trina Schweiz and
Trina Singapore at the ‘‘All Others’’ Rate
VI. Recommendation
[FR Doc. 2018–13858 Filed 6–27–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
National Conference on Weights and
Measures 103rd Annual Meeting
National Institute of Standards
and Technology, Commerce.
ACTION: Notice.
AGENCY:
The 103rd Annual Meeting of
the National Conference on Weights and
Measures (NCWM) will be held in
Tulsa, Oklahoma, from Sunday, July 15,
2018, through Thursday, July 19, 2018.
This notice contains information about
significant items on the NCWM
Committee agendas but does not include
all agenda items. As a result, the items
are not consecutively numbered.
DATES: The meeting will be held on
Sunday, July 15, 2018, through
Wednesday, July 18, 2018, from 8:00
a.m. to 5:00 p.m. Central Time, and on
Thursday, July 19, 2018, from 9:00 a.m.
to 12:00 p.m. Central Time. The meeting
schedule is available at www.ncwm.net.
ADDRESSES: This meeting will be held at
the Hyatt Regency Tulsa Hotel, 100 East
2nd Street, Tulsa, Oklahoma 74103.
SUMMARY:
E:\FR\FM\28JNN1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Notices]
[Pages 30401-30403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13858]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-853]
Certain Crystalline Silicon Photovoltaic Products From Taiwan:
Final Results of Antidumping Duty Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) continues to find that
manufacturers/exporters of certain crystalline silicon photovoltaic
products (solar products) sold solar products at less than normal value
during the period of review (POR), February 1, 2016, through January
31, 2017.
DATES: Applicable June 28, 2018.
FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-3936, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 20, 2017, Commerce published the Preliminary Results of
this administrative review.\1\ On January 26, 2018, Commerce published
Amended Preliminary Results.\2\ For the events that occurred since the
Preliminary Results and Amended Preliminary Results, see the Issues and
Decision Memorandum.\3\ These final results cover 33 companies.\4\
Commerce conducted this review in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ 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 (December 20, 2017) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Amended Preliminary Results and Preliminary Determination of
No Shipments, 83 FR 3674 (January 26, 2018) (Amended Preliminary
Results).
\3\ See Issues and Decision Memorandum (IDM) dated concurrently
with this notice and incorporated herein by reference.
\4\ The 33 companies consist of one mandatory respondent, 18
respondents not individually examined, and 14 companies for which we
have reached a ``no shipments'' final finding.
---------------------------------------------------------------------------
Commerce exercised its discretion to toll all deadlines affected by
the closure of the Federal Government from January 20 through 22,
2018.\5\ As a result, the revised deadline for the final results of
this review was April 23, 2018. On April 5, 2018, Commerce postponed
the final results of this review until May 22, 2018.\6\ On May 21,
2018, Commerce postponed the final results of this review until June
21, 2018.\7\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated January 23, 2018. All deadlines in this
segment of the proceeding have been extended by three days.
\6\ See Memorandum, Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated April 5, 2018.
\7\ See Memorandum, Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Second Extension of Deadline for Final Results
of Antidumping Duty Administrative Review,'' dated May 21, 2018.
---------------------------------------------------------------------------
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. 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.
For a complete description of the scope of the order, see the
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum,
which is hereby adopted with this notice. A list of the issues which
parties raised, and to which we responded in the Issues and Decision
Memorandum, can be found in
[[Page 30402]]
the Appendix 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 is 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 Issues and Decision Memorandum
can be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and the electronic version of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made certain
changes to the Preliminary Results. Specifically, we have determined to
base Motech Industries, Inc. (Motech)'s cost of production on the
unadjusted cost of production in its books and records, and we have
excluded sales to one U.S. customer from the margin calculation, due to
the lack of substantial evidence on the record that the sales were made
to customers in the United States. For a full discussion of these
changes, see the Issues and Decision Memorandum.
Final Determination of No Shipments
In the Amended Preliminary Results, Commerce preliminarily
determined that 14 companies had no shipments during the POR.\8\ These
companies are: 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., 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., Tianjin Yingli New Energy Resources Co., Ltd., Yingli Energy
(China) Co., Ltd., and Yingli Green Energy International Trading
Company Limited.
---------------------------------------------------------------------------
\8\ See Amended Preliminary Results, 83 FR at 3674.
---------------------------------------------------------------------------
Following publication of the Amended Preliminary Results, Commerce
issued a no-shipment inquiry to U.S. Customs and Border Protection
(CBP), and received a response to this inquiry from CBP.\9\ We received
one comment from interested parties regarding these companies, from
Inventec Solar Energy Corporation and its affiliates, Inventec Energy
Corporation and E-TON Solar Tech. Co., Ltd., which confirmed Commerce's
preliminary finding that Inventec Solar Energy Corporation had
shipments, but that E-TON Solar Tech. Co., Ltd., and Inventec Energy
Corporation did not have shipments.
---------------------------------------------------------------------------
\9\ See Memorandum, ``Response by U.S. Customs and Border
Protection to Commerce's No Shipments Inquiry,'' dated February 21,
2018.
---------------------------------------------------------------------------
Because the record contains no evidence to the contrary, we
continue to find that these 14 companies made no shipments during the
POR. Accordingly, consistent with Commerce's practice, we will instruct
CBP to liquidate any existing entries of merchandise produced by these
14 companies, but exported by other parties, at the rate for the
intermediate reseller, if available, or at the all-others rate.\10\
---------------------------------------------------------------------------
\10\ See, e.g., Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
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Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks to section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in a market economy investigation, for
guidance when calculating the rate for companies which were not
selected for individual review in an administrative review. Under
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an
amount equal to the weighted average of the estimated weighted average
dumping margins established for exporters and producers individually
investigated, excluding any zero or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .'' In this
review, we calculated a weighted-average dumping margin for Motech that
is not zero, de minimis, or determined entirely on the basis of facts
available, and have applied this rate to the non-examined companies.
Final Results of Review
Commerce determines that the following weighted-average dumping
margins exist for the period February 1, 2016 through January 31, 2017:
------------------------------------------------------------------------
Weighted-
Manufacturer/exporter average margin
(percent)
------------------------------------------------------------------------
Motech Industries, Inc.................................. 1.33
AU Optronics Corporation................................ 1.33
Canadian Solar Inc...................................... 1.33
Canadian Solar International, Ltd....................... 1.33
Canadian Solar Manufacturing (Changshu), Inc............ 1.33
Canadian Solar Manufacturing (Luoyang), Inc............. 1.33
Canadian Solar Solution Inc............................. 1.33
EEPV Corp............................................... 1.33
Gintech Energy Corporation.............................. 1.33
Inventec Solar Energy Corporation....................... 1.33
Kyocera Mexicana S.A. de C.V............................ 1.33
Neo Solar Power Corporation............................. 1.33
Sino-American Silicon Products Inc. and Solartech Energy 1.33
Corp...................................................
Sunrise Global Solar Energy............................. 1.33
Trina Solar (Schweiz) AG................................ 1.33
Trina Solar (Singapore) Science and Technology Pte Ltd.. 1.33
TSEC Corporation........................................ 1.33
Vina Solar Technology Co., Ltd.......................... 1.33
Win Win Precision Technology Co., Ltd................... 1.33
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
Duty Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review.\11\ Commerce intends to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of this administrative review in the Federal Register.
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\11\ In these final results, Commerce applied the assessment
rate calculation method 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).
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Commerce calculated a weighted-average dumping margin by dividing
the total amount of dumping for reviewed sales to that party by the
total sales quantity associated with those transactions, and Commerce
will direct
[[Page 30403]]
CBP to assess importer- (or customer-) specific assessment rates based
on the resulting per-unit rates.\12\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is greater than de minimis (i.e.,
0.50 percent), Commerce will instruct CBP to collect the appropriate
duties at the time of liquidation.\13\ Where an importer- (or customer-
) specific ad valorem or per-unit rate is zero or de minimis, Commerce
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\14\
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\12\ Id.
\13\ Id.
\14\ See 19 CFR 351.106(c)(2).
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For the companies which were not selected for individual review, we
will assign an assessment rate based on the methodology described in
the ``Rates for Non-Examined Companies'' section, above.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Motech, or the non-
examined companies, for which the producer did not know that its
merchandise was destined for the United States, we will instruct CBP to
liquidate unreviewed entries at the all-others rate if there is no rate
for the intermediate company(ies) involved in the transaction.\15\
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\15\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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As noted in the ``Final Determination of No Shipments'' section,
above, Commerce will instruct CBP to liquidate any existing entries of
merchandise produced by the ``no shipment'' companies, but exported by
other parties, at the rate for the intermediate reseller, if available,
or at the all-others rate.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, as provided for by section 751(a)(2)(C)
of the Act: (1) The cash deposit rates for the companies listed in
these final results will be equal to the weighted-average dumping
margins established in the final results of this review; (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior segment of this proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment in which the company was
reviewed; (3) if the exporter is not a firm covered in this review or
the original less-than-fair-value (LTFV) investigation, but the
producer is, the cash deposit rate will be the rate established for the
most recently completed segment of this proceeding for the producer of
the subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 19.50 percent,\16\ the all-
others rate established in the LTFV investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\16\ 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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Notification to Importers Regarding the Reimbursement of Duties
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties Regarding Administrative Protective
Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of the return or destruction of APO
materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h) and
351.221(b)(5).
Dated: June 21, 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.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Discussion of the Issues
Comment 1: Whether Motech Had Actual or Constructive Knowledge
of U.S. Sales to a Specific U.S. Customer.
Comment 2: Whether Motech's Contract Numbers Should be Made
Public for Purposes of Liquidating Entries
Comment 3: Correction of a Cell Reference in the Preliminary
Cost Calculations
Comment 4: Whether Commerce Should Assign Cell Grades to Prime
and Non-Prime Categories for Normal Value Calculation and Model
Matching
Comment 5: Whether the Draft Liquidation Instructions Properly
Reference the ``All Others'' Rate
Comment 6: Whether the Motech Liquidation Instructions Instruct
CBP to Liquidate Exports by Trina Schweiz and Trina Singapore at the
``All Others'' Rate
VI. Recommendation
[FR Doc. 2018-13858 Filed 6-27-18; 8:45 am]
BILLING CODE 3510-DS-P
