Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015-2016, 35616-35619 [2018-16072]
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Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Notices
(17) Liaoning Zhongwang Group Co.,
Ltd.; (18) Liaoyang Zhongwang
Aluminum Profile Co. Ltd.; (19) Midea
International Training Co., Ltd.; (20)
Midea International Trading Co., Ltd.;
(21) Shenyang Yuanda Aluminum
Industry Engineering Co. Ltd.; (22)
Sincere Profit Limited; (23) Summit
Heat Sinks Metal Co, Ltd; (24) USA
Worldwide Door Components (PINGHU)
Co., Ltd.; (25) Whirlpool Canada L.P.;
and (26) Whirlpool Microwave Products
Development Ltd.13
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.14 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity in the
instant review, the entity is not under
review, and the entity’s current rate, i.e.,
86.01 percent,15 is not subject to change.
Adjustments for Countervailable
Subsidies
Because no company established
eligibility for an adjustment under
section 777A(f) of the Act for
countervailable domestic subsidies, for
these final results, Commerce did not
make an adjustment pursuant to section
777A(f) of the Act for countervailable
domestic subsidies for separate-rate
recipients. Furthermore, because the
China-wide entity is not under review,
we made no adjustment for
countervailable export subsidies for the
China-wide entity pursuant to section
772(c)(1)(C) of the Act.
Assessment
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), Commerce
will determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. Commerce intends to issue
assessment instructions to CBP 15 days
after the date of publication of the final
results of review in the Federal
Register. Consistent with Commerce’s
assessment practice in non-market
economy (NME) cases, if Commerce
determines that an exporter under
amozie on DSK3GDR082PROD with NOTICES1
13 See
Preliminary Results, 83 FR at 5606.
Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65970 (November 4, 2013).
15 See Aluminum Extrusions from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2015–2016, 82 FR
52265, 52267 (November 13, 2017).
14 See
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review had no shipments of subject
merchandise, any suspended entries
that entered under the exporter’s case
number (i.e., at that exporter’s rate) will
be liquidated at the China-wide rate.16
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) For
previously investigated or reviewed
Chinese and non-Chinese exporters not
listed above that received a separate rate
in a prior segment of this proceeding,
the cash deposit rate will continue to be
the exporter-specific rate published for
the most-recently completed segment of
this proceeding in which the exporter
was reviewed; (2) for all Chinese
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be that established for the China-wide
entity, which is 86.01 percent; and (3)
for all non-Chinese exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the Chinese
exporter that supplied that non-Chinese
exporter with the subject merchandise.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
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.
Notification to Interested Parties
We are issuing and publishing notice
of these final results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and sections 351.213(h) and
351.221(b)(5) of Commerce’s
regulations.
Dated: July 23, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Issues
Comment 1: Adjustment of Liquidation
Instructions
Comment 2: Xin Wei/Regal Separate Rate
5. Recommendation
[FR Doc. 2018–16071 Filed 7–26–18; 8:45 am]
BILLING CODE 3510–DS–P
Notification to Importers
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 and/or
countervailing 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
and/or countervailing duties occurred
and the subsequent assessment of
doubled 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
16 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–979]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Final Results of Antidumping
Duty Administrative Review and Final
Determination of No Shipments; 2015–
2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) continues to find that
manufacturers/exporters of crystalline
silicon photovoltaic cells, whether or
not assembled into modules (solar cells)
sold solar products at less than normal
value during the period of review (POR),
December 1, 2015, through November
30, 2016.
DATES: Applicable July 27, 2018.
FOR FURTHER INFORMATION CONTACT: Jeff
Pedersen and Krisha Hill, AD/CVD
AGENCY:
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Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Notices
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2769 and (202) 482–4037.
SUPPLEMENTARY INFORMATION:
Background
On January 9, 2018, Commerce
published in the Federal Register the
preliminary results of the 2015–2016
administrative review of the
antidumping duty order on solar cells
from the People’s Republic of China
(China).1 For events subsequent to the
Preliminary Results, see Commerce’s
Issues and Decision Memorandum.2 The
final weighted-average dumping
margins are listed below in the ‘‘Final
Results of Review’’ section of this
notice.
Commerce has exercised its discretion
to toll deadlines for the duration of the
closure of the Federal Government from
January 20 through 22, 2018.3 On May
8, 2018, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), Commerce extended
the deadline for issuing the final results
by 60 days,4 postponing the final results
until July 11, 2018.
amozie on DSK3GDR082PROD with NOTICES1
Scope of the Order
The merchandise covered by this
order is crystalline silicon photovoltaic
cells and modules, laminates, and
panels, consisting of crystalline silicon
photovoltaic cells, whether or not
partially or fully assembled into other
products, including, but not limited to,
modules, laminates, panels and building
integrated materials.5 Merchandise
covered by this order is currently
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2015–
2016, 83 FR 1018 (January 9, 2018) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2015–
2016 Antidumping Duty Administrative Review of
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules, From the People’s
Republic of China,’’ (Issues and Decision
Memorandum), dated concurrently with this notice.
3 See Memorandum, ‘‘Deadlines Affected by the
Shutdown of the Federal Government,’’ dated
January 23, 2018 (Tolling Memorandum). All
deadlines in this segment of the proceeding have
been extended by three days.
4 See Memorandum, ‘‘2015–2016 Antidumping
Duty Administrative Review of Certain Crystalline
Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People’s
Republic of China: Extension of Deadline for Final
Results of Antidumping Duty Administrative
Review,’’ dated May 8, 2018.
5 For a complete description of the scope of the
order, see Issues and Decision Memorandum.
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classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under subheadings 8501.61.0000,
8507.20.80, 8541.40.6020, 8541.40.6030,
and 8501.31.8000. Although these
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive.
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 by this notice. A list of the
issues that parties raised, and to which
we responded in the Issues and
Decision Memorandum, follows as an
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 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 paper
copy and electronic version of the Issues
and Decision Memorandum are
identical in content.
Affiliation and Single Entity
Determination
We preliminarily found that
Changzhou Trina Solar Energy Co., Ltd./
Trina Solar (Changzhou) Science and
Technology Co., Ltd./Yancheng Trina
Solar Energy Technology Co., Ltd./
Changzhou Trina Solar Yabang Energy
Co., Ltd./Turpan Trina Solar Energy Co.,
Ltd./Hubei Trina Solar Energy Co., Ltd.
are affiliated with Trina Solar (Hefei)
Science and Technology Co., Ltd.,
pursuant to section 771(33)(F) of the Act
and that all of these companies should
be treated as a single entity, i.e., Trina
Solar (Hefei) Science and Technology
Co., Ltd. (Trina), pursuant to 19 CFR
351.401(f)(1)–(2).6 No interested party
has disputed this treatment, and so
these findings remain unchanged for
these final results.
Changes Since the Preliminary Results 7
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
6 See Preliminary Results and accompanying PDM
at 6.
7 See Issues and Decision Memorandum at
comments 2 and 10.
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35617
Results, and for the reasons explained in
the Issues and Decision Memorandum,
we made revisions to our preliminary
calculations of the weighted-average
dumping margin for the mandatory
respondent Trina.
Final Determination of No Shipments
In the Preliminary Results, we found
that the following eight companies had
no shipments during the POR: De-Tech
Trading Limited HK, Dongguan
Sunworth Solar Energy Co., Ltd., Jiawei
Solarchina Co., Ltd., Ningbo ETDZ
Holdings, Ltd., Shenzhen Sungold Solar
Co., Ltd., Taizhou BD Trade Co., Ltd.,
Toenergy Technology Hangzhou Co.,
Ltd., and Wuxi Tianran Photovoltaic
Co., Ltd.8 We did not receive comments
from interested parties regarding our
preliminary finding on no shipments.
Consistent with Commerce’s assessment
practice in non-market economy cases,
we completed the review with respect to
the above-named companies. Based on
the certifications submitted by the
aforementioned companies, and our
analysis of Customs and Border
Protection (CBP) information,9 we
continue to determine that these
companies did not have any reviewable
transactions during the POR. As noted
in the ‘‘Assessment’’ section below,
Commerce will issue appropriate
instructions with respect to these
companies to CBP based on our Final
Results.10 In addition, these companies
will maintain their rate from the most
recent segment in which they
participated.
Separate Rates
In the Preliminary Results, we found
that evidence provided by Trina and 21
other companies/company groups
supported finding an absence of both de
jure and de facto government control,
and, therefore, we preliminarily granted
a separate rate to each of these
companies/company groups.11 We
received no information since the
issuance of the Preliminary Results that
provides a basis for reconsidering these
determinations with respect to the
separate rate status of these 22
companies/company groups. Therefore,
for the final results, we continue to find
that these entities are eligible for
separate rates.
8 See
Preliminary Results, 83 FR 1018.
PDM at 4–5.
10 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (Assessment of
Antidumping Duties); see also the ‘‘Assessment’’
section of this notice, below.
11 See Preliminary Results, 83 FR 1018; see also
PDM at 11–12.
9 See
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Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Notices
Final Results of Review
We determine that the following
weighted-average dumping margins
exist for the POR:
Weightedaverage
dumping
margin
(percent)
Exporter
Changzhou Trina Solar Energy Co., Ltd./Trina Solar (Changzhou) Science and Technology Co., Ltd./Yancheng Trina Solar Energy Technology Co., Ltd./Changzhou Trina Solar Yabang Energy Co., Ltd./Turpan Trina Solar Energy Co., Ltd./Hubei Trina
Solar Energy Co., Ltd./Trina Solar (Hefei) Science and Technology Co., Ltd ................................................................................
Anji DaSol Solar Energy Science & Technology Co., Ltd ..................................................................................................................
Chint Solar (Zhejiang) Co., Ltd ............................................................................................................................................................
ET Solar Energy Limited .....................................................................................................................................................................
Hangzhou Sunny Energy Science and Technology Co., Ltd ..............................................................................................................
Hengdian Group DMEGC Magnetics Co. Ltd .....................................................................................................................................
JA Solar Technology Yangzhou Co., Ltd ............................................................................................................................................
Jiawei Solarchina (Shenzhen) Co., Ltd ...............................................................................................................................................
JingAo Solar Co., Ltd ..........................................................................................................................................................................
LERRI Solar Technology Co., Ltd. (aka LONGi Solar Technology Co. Ltd.) .....................................................................................
Lightway Green New Energy Co., Ltd .................................................................................................................................................
Ningbo Qixin Solar Electrical Appliance Co., Ltd ................................................................................................................................
Risen Energy Co., Ltd .........................................................................................................................................................................
Shanghai JA Solar Technology Co., Ltd .............................................................................................................................................
Shenzhen Topray Solar Co., Ltd .........................................................................................................................................................
Sumec Hardware & Tools Co., Ltd .....................................................................................................................................................
Sunpreme Jiaxing Ltd ..........................................................................................................................................................................
tenKsolar (Shanghai) Co., Ltd .............................................................................................................................................................
Wuxi Suntech Power Co., Ltd/Luoyang Suntech Power Co., Ltd .......................................................................................................
Yingli Energy (China) Company Limited/Baoding Tianwei Yingli New Energy Resources Co., Ltd./Tianjin Yingli New Energy Resources Co., Ltd./Hengshui Yingli New Energy Resources Co., Ltd./Lixian Yingli New Energy Resources Co., Ltd./Baoding
Jiasheng Photovoltaic Technology Co., Ltd./Beijing Tianneng Yingli New Energy Resources Co., Ltd./Hainan Yingli New Energy Resources Co., Ltd ..................................................................................................................................................................
Zhejiang ERA Solar Technology Co., Ltd ...........................................................................................................................................
Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company ........................................................................
Commerce’s change in policy
regarding conditional review of the
China-wide entity applies to this
administrative review.12 Under this
policy, the China-wide entity will not be
under review unless a party specifically
requests, or Commerce self-initiates, a
review of the entity. Because no party
requested a review of the China-wide
entity, we did not conduct a review of
the China-wide entity. Thus, the
weighted-average dumping margin for
the China-wide entity (i.e., 238.95
percent) is not subject to change as a
result of this review.13
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Assessment
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review. Commerce intends to issue
12 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65969–70 (November 4, 2013).
13 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2014–2015,
82 FR 29033 (June 27, 2017).
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assessment instructions to CBP 15 days
after the publication date of these Final
Results of review. In accordance with 19
CFR 351.212(b)(1), we are calculating
importer- (or customer-)specific
assessment rates for the merchandise
subject to this review. For any
individually examined respondent
whose weighted-average dumping
margin is above de minimis (i.e., 0.50
percent), Commerce will calculate
importer- (or customer-)specific
assessment rates for merchandise
subject to this review. Where the
respondent reported reliable entered
values, Commerce calculated importer(or customer-)specific ad valorem rates
by aggregating the dumping margins
calculated for all U.S. sales to the
importer (or customer) and dividing this
amount by the total entered value of the
sales to the importer (or customer).14
Where Commerce calculated an
importer- (or customer-)specific
weighted-average dumping margin by
dividing the total amount of dumping
for reviewed sales to the importer (or
customer) by the total sales quantity
associated with those transactions,
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14 See
19 CFR 351.212(b)(1).
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15.85
Commerce will direct CBP to assess
importer- (or customer-)specific
assessment rates based on the resulting
per-unit rates.15 Where an importer- (or
customer-)specific ad valorem or perunit rate is greater than de minimis,
Commerce will instruct CBP to collect
the appropriate duties at the time of
liquidation. Where either the
respondent’s weighted average dumping
margin is zero or de minimis, or 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.16
For merchandise whose sale/entry
was not reported in the U.S. sales
database submitted by an exporter
individually examined during this
review, but that entered under the case
number of that exporter (i.e., at the
individually-examined exporter’s cash
deposit rate), Commerce will instruct
CBP to liquidate such entries at the
15 Id.
16 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012).
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Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Notices
China-wide rate. Additionally, if
Commerce determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number will be
liquidated at the China-wide rate.17
occurred and the subsequent assessment
of double antidumping duties.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
Cash Deposit Requirements
responsibility concerning the return or
The following cash deposit
destruction of proprietary information
requirements will be effective upon
disclosed under APO in accordance
publication of the Final Results of this
with 19 CFR 351.305, which continues
administrative review for shipments of
to govern business proprietary
the subject merchandise from China
entered, or withdrawn from warehouse, information in this segment of the
proceeding. Timely written notification
for consumption on or after the
of the return or destruction of APO
publication date of this notice in the
Federal Register, as provided by section materials, or conversion to judicial
protective order, is hereby requested.
751(a)(2)(C) of the Act: (1) For the
Failure to comply with the regulations
exporters listed above, the cash deposit
and terms of an APO is a violation
rate will be the rate listed for each
which is subject to sanction.
exporter in the table in the ‘‘Final
This determination is issued and
Results of Review’’ section of this
notice, except if the rate is zero or de
published in accordance with sections
minimis (i.e., less than 0.5 percent), then 751(a)(1) and 777(i)(1) of the Act and 19
the cash deposit rate will be zero; (2) for CFR 351.221(b)(5).
previously investigated Chinese and
Dated: July 11, 2018.
non-Chinese exporters that received a
Gary Taverman,
separate rate in a prior segment of this
Deputy Assistant Secretary for Antidumping
proceeding, the cash deposit rate will
and Countervailing Duty Operations,
continue to be the existing exporterperforming the non-exclusive functions and
specific rate; (3) for all Chinese
duties of the Assistant Secretary for
exporters of subject merchandise that
Enforcement and Compliance.
have not been found to be entitled to a
separate rate, the cash deposit rate will
Appendix—Issues and Decision
be the rate previously established for the Memorandum
PRC-wide entity (i.e., 238.95 percent);
Summary
and (4) for all non-China exporters of
Background
subject merchandise which have not
Scope of the Order
received their own rate, the cash deposit Discussion of the Issues
rate will be the rate applicable to the
Comment 1. Whether Commerce Should
Chinese exporter that supplied the nonApply Partial Adverse Facts Available to
Chinese exporter. These deposit
Trina’s Unreported Factors of Production
requirements, when imposed, shall
for Purchased Solar Cells
remain in effect until further notice.
Comment 2. Ministerial Error Allegations
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Disclosure
We intend to disclose the calculations
performed for these Final Results within
five days of publication of this notice in
the Federal Register in accordance with
19 CFR 351.224(b).
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a 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
17 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
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Comment 3. Whether Commerce Should
Adjust the U.S. Price for ‘‘USDUTYU’’
Expenses
Comment 4. Whether Commerce Should
Include Trina’s Sale to a Salvage
Company in the Margin Calculation
Comment 5. Whether Commerce Should
Adjust U.S. Price for the Export Buyer’s
Credits Program
Comment 6. Zero-Quantity Import Data
Comment 7. Surrogate Value for
Aluminum Frames
Comment 8. Surrogate Value for
International Freight
Comment 9. Surrogate Value for Nitrogen
Comment 10. Selection of Surrogate
Financial Statements
Comment 11. Surrogate Value for Labor
Comment 12. Separate Rate Status for
LONGi Solar Technology Co. Ltd.
Comment 13. Differential Pricing
Recommendation
[FR Doc. 2018–16072 Filed 7–26–18; 8:45 am]
BILLING CODE 3510–DS–P
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35619
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–869]
Certain New Pneumatic Off-the-Road
Tires From India: Notice of Rescission
of Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
antidumping duty (AD) order on certain
new pneumatic off-the-road tires (OTR
Tires) from India for the period of
review (POR) February 2, 2017, through
February 28, 2018.
DATES: Applicable July 27, 2018.
FOR FURTHER INFORMATION CONTACT:
Trisha Tran, 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) 482–4852.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 5, 2018, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the AD order
on OTR Tires from India for the period
February 2, 2017, through February 28,
2018.1 On March 30, 2018, ATC Tires
Private Limited (ATC) and Alliance
Tires Americas, Inc. (ATA) (collectively
ATC) timely requested that Commerce
conduct an administrative review of this
AD order with respect to ATC.2 No
other party requested a review of the
order. On May 2, 2018, Commerce
initiated an administrative review with
respect to ATC, in accordance with
section 751(a) of the Tariff Act of 1930,
as amended (the Act) and 19 CFR
351.221(c)(1)(i).3 On May 17, 2018, ATC
timely withdrew its request for an
administrative review.4 No other party
requested a review of ATC.
1 See Antidumping or Countervailing Duty, Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 83 FR 9284
(March 5, 2018).
2 See Letter from ATC, ‘‘Certain New Pneumatic
Off-the-Road Tires from India: ATC Tires Private
Limited’s Request for Administrative Review,’’
dated March 30, 2018.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
19215 (May 2, 2018).
4 See Letter from ATC, ‘‘Certain New Pneumatic
Off-the-Road Tires from India: ATC Tires Private
Limited’s Withdrawal of Request for Administrative
Review,’’ dated May 17, 2018.
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]]>Agencies
[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Notices]
[Pages 35616-35619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16072]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-979]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) continues to find that
manufacturers/exporters of crystalline silicon photovoltaic cells,
whether or not assembled into modules (solar cells) sold solar products
at less than normal value during the period of review (POR), December
1, 2015, through November 30, 2016.
DATES: Applicable July 27, 2018.
FOR FURTHER INFORMATION CONTACT: Jeff Pedersen and Krisha Hill, AD/CVD
[[Page 35617]]
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-2769 and (202) 482-4037.
SUPPLEMENTARY INFORMATION:
Background
On January 9, 2018, Commerce published in the Federal Register the
preliminary results of the 2015-2016 administrative review of the
antidumping duty order on solar cells from the People's Republic of
China (China).\1\ For events subsequent to the Preliminary Results, see
Commerce's Issues and Decision Memorandum.\2\ The final weighted-
average dumping margins are listed below in the ``Final Results of
Review'' section of this notice.
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\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2015-2016, 83 FR 1018
(January 9, 2018) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2015-2016 Antidumping Duty Administrative
Review of Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, From the People's Republic of China,''
(Issues and Decision Memorandum), dated concurrently with this
notice.
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Commerce has exercised its discretion to toll deadlines for the
duration of the closure of the Federal Government from January 20
through 22, 2018.\3\ On May 8, 2018, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce
extended the deadline for issuing the final results by 60 days,\4\
postponing the final results until July 11, 2018.
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\3\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated January 23, 2018 (Tolling Memorandum).
All deadlines in this segment of the proceeding have been extended
by three days.
\4\ See Memorandum, ``2015-2016 Antidumping Duty Administrative
Review of Certain Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules, from the People's Republic of China:
Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' dated May 8, 2018.
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Scope of the Order
The merchandise covered by this order is crystalline silicon
photovoltaic cells and modules, laminates, and panels, consisting of
crystalline silicon photovoltaic cells, whether or not partially or
fully assembled into other products, including, but not limited to,
modules, laminates, panels and building integrated materials.\5\
Merchandise covered by this order is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and
8501.31.8000. Although these HTSUS subheadings are provided for
convenience and customs purposes, the written description of the scope
of this order is dispositive.
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\5\ For a complete description of the scope of the order, see
Issues and Decision Memorandum.
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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 by this notice. A list of the issues that
parties raised, and to which we responded in the Issues and Decision
Memorandum, follows as an 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 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 paper copy and electronic version of
the Issues and Decision Memorandum are identical in content.
Affiliation and Single Entity Determination
We preliminarily found that Changzhou Trina Solar Energy Co., Ltd./
Trina Solar (Changzhou) Science and Technology Co., Ltd./Yancheng Trina
Solar Energy Technology Co., Ltd./Changzhou Trina Solar Yabang Energy
Co., Ltd./Turpan Trina Solar Energy Co., Ltd./Hubei Trina Solar Energy
Co., Ltd. are affiliated with Trina Solar (Hefei) Science and
Technology Co., Ltd., pursuant to section 771(33)(F) of the Act and
that all of these companies should be treated as a single entity, i.e.,
Trina Solar (Hefei) Science and Technology Co., Ltd. (Trina), pursuant
to 19 CFR 351.401(f)(1)-(2).\6\ No interested party has disputed this
treatment, and so these findings remain unchanged for these final
results.
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\6\ See Preliminary Results and accompanying PDM at 6.
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Changes Since the Preliminary Results \7\
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\7\ See Issues and Decision Memorandum at comments 2 and 10.
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Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
revisions to our preliminary calculations of the weighted-average
dumping margin for the mandatory respondent Trina.
Final Determination of No Shipments
In the Preliminary Results, we found that the following eight
companies had no shipments during the POR: De-Tech Trading Limited HK,
Dongguan Sunworth Solar Energy Co., Ltd., Jiawei Solarchina Co., Ltd.,
Ningbo ETDZ Holdings, Ltd., Shenzhen Sungold Solar Co., Ltd., Taizhou
BD Trade Co., Ltd., Toenergy Technology Hangzhou Co., Ltd., and Wuxi
Tianran Photovoltaic Co., Ltd.\8\ We did not receive comments from
interested parties regarding our preliminary finding on no shipments.
Consistent with Commerce's assessment practice in non-market economy
cases, we completed the review with respect to the above-named
companies. Based on the certifications submitted by the aforementioned
companies, and our analysis of Customs and Border Protection (CBP)
information,\9\ we continue to determine that these companies did not
have any reviewable transactions during the POR. As noted in the
``Assessment'' section below, Commerce will issue appropriate
instructions with respect to these companies to CBP based on our Final
Results.\10\ In addition, these companies will maintain their rate from
the most recent segment in which they participated.
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\8\ See Preliminary Results, 83 FR 1018.
\9\ See PDM at 4-5.
\10\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment of
Antidumping Duties); see also the ``Assessment'' section of this
notice, below.
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Separate Rates
In the Preliminary Results, we found that evidence provided by
Trina and 21 other companies/company groups supported finding an
absence of both de jure and de facto government control, and,
therefore, we preliminarily granted a separate rate to each of these
companies/company groups.\11\ We received no information since the
issuance of the Preliminary Results that provides a basis for
reconsidering these determinations with respect to the separate rate
status of these 22 companies/company groups. Therefore, for the final
results, we continue to find that these entities are eligible for
separate rates.
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\11\ See Preliminary Results, 83 FR 1018; see also PDM at 11-12.
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[[Page 35618]]
Final Results of Review
We determine that the following weighted-average dumping margins
exist for the POR:
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Weighted-
average
Exporter dumping margin
(percent)
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Changzhou Trina Solar Energy Co., Ltd./Trina Solar 15.85
(Changzhou) Science and Technology Co., Ltd./Yancheng
Trina Solar Energy Technology Co., Ltd./Changzhou Trina
Solar Yabang Energy Co., Ltd./Turpan Trina Solar Energy
Co., Ltd./Hubei Trina Solar Energy Co., Ltd./Trina
Solar (Hefei) Science and Technology Co., Ltd..........
Anji DaSol Solar Energy Science & Technology Co., Ltd... 15.85
Chint Solar (Zhejiang) Co., Ltd......................... 15.85
ET Solar Energy Limited................................. 15.85
Hangzhou Sunny Energy Science and Technology Co., Ltd... 15.85
Hengdian Group DMEGC Magnetics Co. Ltd.................. 15.85
JA Solar Technology Yangzhou Co., Ltd................... 15.85
Jiawei Solarchina (Shenzhen) Co., Ltd................... 15.85
JingAo Solar Co., Ltd................................... 15.85
LERRI Solar Technology Co., Ltd. (aka LONGi Solar 15.85
Technology Co. Ltd.)...................................
Lightway Green New Energy Co., Ltd...................... 15.85
Ningbo Qixin Solar Electrical Appliance Co., Ltd........ 15.85
Risen Energy Co., Ltd................................... 15.85
Shanghai JA Solar Technology Co., Ltd................... 15.85
Shenzhen Topray Solar Co., Ltd.......................... 15.85
Sumec Hardware & Tools Co., Ltd......................... 15.85
Sunpreme Jiaxing Ltd.................................... 15.85
tenKsolar (Shanghai) Co., Ltd........................... 15.85
Wuxi Suntech Power Co., Ltd/Luoyang Suntech Power Co., 15.85
Ltd....................................................
Yingli Energy (China) Company Limited/Baoding Tianwei 15.85
Yingli New Energy Resources Co., Ltd./Tianjin Yingli
New Energy Resources Co., Ltd./Hengshui Yingli New
Energy Resources Co., Ltd./Lixian Yingli New Energy
Resources Co., Ltd./Baoding Jiasheng Photovoltaic
Technology Co., Ltd./Beijing Tianneng Yingli New Energy
Resources Co., Ltd./Hainan Yingli New Energy Resources
Co., Ltd...............................................
Zhejiang ERA Solar Technology Co., Ltd.................. 15.85
Zhejiang Sunflower Light Energy Science & Technology 15.85
Limited Liability Company..............................
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Commerce's change in policy regarding conditional review of the
China-wide entity applies to this administrative review.\12\ Under this
policy, the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the China-wide entity,
we did not conduct a review of the China-wide entity. Thus, the
weighted-average dumping margin for the China-wide entity (i.e., 238.95
percent) is not subject to change as a result of this review.\13\
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\12\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November
4, 2013).
\13\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2014-2015, 82 FR 29033 (June 27,
2017).
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Assessment
Commerce will determine, and CBP shall assess, antidumping duties
on all appropriate entries covered by this review. Commerce intends to
issue assessment instructions to CBP 15 days after the publication date
of these Final Results of review. In accordance with 19 CFR
351.212(b)(1), we are calculating importer- (or customer-)specific
assessment rates for the merchandise subject to this review. For any
individually examined respondent whose weighted-average dumping margin
is above de minimis (i.e., 0.50 percent), Commerce will calculate
importer- (or customer-)specific assessment rates for merchandise
subject to this review. Where the respondent reported reliable entered
values, Commerce calculated importer- (or customer-)specific ad valorem
rates by aggregating the dumping margins calculated for all U.S. sales
to the importer (or customer) and dividing this amount by the total
entered value of the sales to the importer (or customer).\14\ Where
Commerce calculated an importer- (or customer-)specific weighted-
average dumping margin by dividing the total amount of dumping for
reviewed sales to the importer (or customer) by the total sales
quantity associated with those transactions, Commerce will direct CBP
to assess importer- (or customer-)specific assessment rates based on
the resulting per-unit rates.\15\ Where an importer- (or customer-
)specific ad valorem or per-unit rate is greater than de minimis,
Commerce will instruct CBP to collect the appropriate duties at the
time of liquidation. Where either the respondent's weighted average
dumping margin is zero or de minimis, or 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.\16\
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\14\ See 19 CFR 351.212(b)(1).
\15\ Id.
\16\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012).
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For merchandise whose sale/entry was not reported in the U.S. sales
database submitted by an exporter individually examined during this
review, but that entered under the case number of that exporter (i.e.,
at the individually-examined exporter's cash deposit rate), Commerce
will instruct CBP to liquidate such entries at the
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China-wide rate. Additionally, if Commerce determines that an exporter
under review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's case number will be
liquidated at the China-wide rate.\17\
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\17\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the Final Results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date of
this notice in the Federal Register, as provided by section
751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash
deposit rate will be the rate listed for each exporter in the table in
the ``Final Results of Review'' section of this notice, except if the
rate is zero or de minimis (i.e., less than 0.5 percent), then the cash
deposit rate will be zero; (2) for previously investigated Chinese and
non-Chinese exporters that received a separate rate in a prior segment
of this proceeding, the cash deposit rate will continue to be the
existing exporter-specific rate; (3) for all Chinese exporters of
subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be the rate previously
established for the PRC-wide entity (i.e., 238.95 percent); and (4) for
all non-China exporters of subject merchandise which have not received
their own rate, the cash deposit rate will be the rate applicable to
the Chinese exporter that supplied the non-Chinese exporter. These
deposit requirements, when imposed, shall remain in effect until
further notice.
Disclosure
We intend to disclose the calculations performed for these Final
Results within five days of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b).
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a 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 Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, 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 terms of an APO
is a violation which is subject to sanction.
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: July 11, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1. Whether Commerce Should Apply Partial Adverse Facts
Available to Trina's Unreported Factors of Production for Purchased
Solar Cells
Comment 2. Ministerial Error Allegations
Comment 3. Whether Commerce Should Adjust the U.S. Price for
``USDUTYU'' Expenses
Comment 4. Whether Commerce Should Include Trina's Sale to a
Salvage Company in the Margin Calculation
Comment 5. Whether Commerce Should Adjust U.S. Price for the
Export Buyer's Credits Program
Comment 6. Zero-Quantity Import Data
Comment 7. Surrogate Value for Aluminum Frames
Comment 8. Surrogate Value for International Freight
Comment 9. Surrogate Value for Nitrogen
Comment 10. Selection of Surrogate Financial Statements
Comment 11. Surrogate Value for Labor
Comment 12. Separate Rate Status for LONGi Solar Technology Co.
Ltd.
Comment 13. Differential Pricing
Recommendation
[FR Doc. 2018-16072 Filed 7-26-18; 8:45 am]
BILLING CODE 3510-DS-P
