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]

Download as PDF 35616 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 VerDate Sep<11>2014 17:38 Jul 26, 2018 Jkt 244001 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). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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: E:\FR\FM\27JYN1.SGM 27JYN1 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. VerDate Sep<11>2014 17:38 Jul 26, 2018 Jkt 244001 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. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 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 E:\FR\FM\27JYN1.SGM 27JYN1 35618 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 amozie on DSK3GDR082PROD with NOTICES1 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). VerDate Sep<11>2014 19:14 Jul 26, 2018 Jkt 244001 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, PO 00000 14 See 19 CFR 351.212(b)(1). Frm 00015 Fmt 4703 Sfmt 4703 15.85 15.85 15.85 15.85 15.85 15.85 15.85 15.85 15.85 15.85 15.85 15.85 15.85 15.85 15.85 15.85 15.85 15.85 15.85 15.85 15.85 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). E:\FR\FM\27JYN1.SGM 27JYN1 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 amozie on DSK3GDR082PROD with NOTICES1 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. VerDate Sep<11>2014 17:38 Jul 26, 2018 Jkt 244001 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 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 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. E:\FR\FM\27JYN1.SGM 27JYN1

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.
---------------------------------------------------------------------------

    \5\ For a complete description of the scope of the order, see 
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 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\
---------------------------------------------------------------------------

    \7\ See Issues and Decision Memorandum at comments 2 and 10.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
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..............................
------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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

[[Page 35619]]

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\
---------------------------------------------------------------------------

    \17\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
---------------------------------------------------------------------------

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