Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative Review; 2017-2018, 45417-45418 [2018-19427]

Download as PDF Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Notices sales made during the period of review to each importer to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1). If the respondent has not reported reliable entered values, we will calculate a perunit assessment rate for each importer by dividing the total amount of dumping for the examined sales made during the period of review to that importer by the total sales quantity associated with those transactions. Where an importer-specific ad valorem assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties in accordance with 19 CFR 351.106(c)(2). If the respondent’s weighted-average dumping margin is zero or de minimis in the final results of review, we will instruct CBP not to assess duties on any of its entries in accordance with the Final Modification for Reviews, i.e., ‘‘{w}here the weighted-average margin of dumping for the exporter is determined to be zero or de minimis, no antidumping duties will be assessed.’’ 17 If the preliminary results are unchanged for the final results, we will instruct CBP to apply an ad valorem assessment rate of 60.81 percent to all entries of subject merchandise during the period of review which were produced and/or exported by Hyundai. Regarding entries of subject merchandise during the period of review that were produced by Hyosung and Hyundai and for which they did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate un-reviewed entries at the all-others rate of 22.00 percent, as established in the less-thanfair-value investigation of the order, if there is no rate for the intermediate company(ies) involved in the transaction.18 For a full discussion of this matter, see Assessment Policy Notice.19 We intend to issue liquidation instructions to CBP 15 days after publication of the final results of this review. daltland on DSKBBV9HB2PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements will be effective upon 17 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 2012) (Final Modification for Reviews). 18 See Large Power Transformers from the Republic of Korea: Antidumping Duty Order, 77 FR 53177 (August 31, 2012). 19 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). VerDate Sep<11>2014 17:55 Sep 06, 2018 Jkt 244001 publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Hyosung and Hyundai and other companies listed above will be equal to the weightedaverage dumping margin established in the final results of this administrative review; (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which they were reviewed; (3) if the exporter is not a firm covered in this review, a prior review, or in the investigation but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be the all-others rate of 22.00 percent, the rate established in the investigation of this proceeding.20 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers 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 review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: August 31, 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—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Deadline for Submission of Updated Sales and Cost Information 20 See Large Power Transformers from the Republic of Korea: Antidumping Duty Order, 77 FR 53177 (August 31, 2012). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 45417 IV. Scope of the Order V. Discussion of the Methodology A. Determination of Comparison Method B. Results of the Differential Pricing Analysis C. Home Market Viability as Comparison Market D. Level of Trade E. Cost of Production F. Calculation of Normal Value Based on Comparison Market Prices G. Price-to-Constructed Value Comparison VI. Application of Facts Available and Use of Adverse Inference A. Application of Facts Available B. Use of Adverse Inference C. Selection and Corroboration of the Adverse Facts Available Rate VII. Discussion of The Issues A. Hyundai-Specific Issues VIII. Rate for Non-Selected Companies IX. Parts X. Recommendation [FR Doc. 2018–19428 Filed 9–6–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–010] Certain Crystalline Silicon Photovoltaic Products From the People’s Republic of China: Notice of Partial 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, in part, the administrative review of the antidumping duty (AD) order on certain crystalline silicon photovoltaic products from the People’s Republic of China (China) for the period of review (POR), February 1, 2017, through January 31, 2018. AGENCY: Applicable September 7, 2018. FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, 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) 482–2769. SUPPLEMENTARY INFORMATION: DATES: Background On February 1, 2018, Commerce published in the Federal Register, a notice of opportunity to request an administrative review of the AD order on certain crystalline silicon photovoltaic products from China (the Order) covering the period February 1, E:\FR\FM\07SEN1.SGM 07SEN1 45418 Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Notices 2017, through January 31, 2018.1 Commerce received multiple timely requests for an administrative review of the Order. On April 16, 2018, in accordance with section 751(a) of Tariff Act of 1930, as amended (the Act) and 19 CFR 351.221(c)(1)(i), Commerce published in the Federal Register a notice initiating an administrative review of the Order with respect to 12 companies or groups of companies covering the period February 1, 2017, through January 31, 2018.2 All requesting parties subsequently timely withdrew their requests to review the nine companies listed in the Appendix to this notice. Rescission of Review, in Part Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the parties that requested the review withdraw their requests within 90 days of the date of publication of the notice of initiation of the requested review. All requesting parties withdrew their respective requests for an administrative review of the nine companies or group of companies listed in the Appendix to this notice within 90 days of the date of publication of the Initiation Notice. Accordingly, Commerce is rescinding this review with respect to these companies in accordance with 19 CFR 351.213(d)(1).3 The administrative review will continue with respect to all other firms for which a review was requested and initiated. daltland on DSKBBV9HB2PROD with NOTICES Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all subject merchandise exported by the companies listed in the Appendix to this notice that was entered, or withdrawn from warehouse, for consumption during the period of review. The entries shall be assessed AD duties that are equal to the cash deposit of estimated AD duties 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 83 FR 4639 (February 1, 2018). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 16298 (April 16, 2018) (Initiation Notice). 3 See Appendix. As stated in Change in Practice in NME Reviews, Commerce will no longer consider the non-market economy (NME) entity as an exporter conditionally subject to administrative reviews. 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 (November 4, 2013). The China-wide entity is not subject to this administrative review because no interested party requested a review of the entity. See Initiation Notice. VerDate Sep<11>2014 17:55 Sep 06, 2018 Jkt 244001 required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions to CBP 15 days after publication of this notice in the Federal Register. • Wuxi Suntech Power Co., Ltd. Notification to Importers [A–570–970] This notice serves as the only reminder to importers whose entries will be liquidated as a result of this rescission notice, of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of AD duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the presumption that reimbursement of the AD duties occurred and the subsequent assessment of doubled AD duties. Multilayered Wood Flooring From the People’s Republic of China: Correction to the Final Results of Antidumping Duty Administrative Review; 2015– 2016 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 disposition of proprietary information disclosed under an APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). Dated: August 31, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix • BYD (Shangluo) Industrial Co., Ltd. • Changzhou Trina Solar Energy Co., Ltd./ Trina Solar (Changzhou) Science and Technology Co., Ltd./Yangcheng Trina Solar Energy Co., Ltd./Turpan Trina Solar Energy Co., Ltd./Hubei Trina Solar Energy Co., Ltd. • Chint Solar (Zhejiang) Co., Ltd. • Hefei JA Solar Technology Co., Ltd. • Perlight Solar Co., Ltd. • Shanghai BYD Co., Ltd. • Shenzhen Letsolar Technology Co., Ltd. • Sunny Apex Development Ltd. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 [FR Doc. 2018–19427 Filed 9–6–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable September 7, 2018. FOR FURTHER INFORMATION CONTACT: Michael Bowen, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 202–482–0768. SUPPLEMENTARY INFORMATION: On July 26, 2018, the Department of Commerce (Commerce) published the Final Results of the 2015–2016 administrative review of the antidumping duty order on multilayered wood flooring from the People’s Republic of China (China).1 The period of review (POR) is December 1, 2015, through November 30, 2016. Commerce is issuing this notice to correct a ministerial error in the Final Results, and to amend the partial rescission of certain companies from the administrative review to include Double F Limited. Specifically, in the Final Results, Commerce inadvertently misspelled Dalian Guhua Wooden Product Co., Ltd.’s name as Dalian Guhua Wood Product Co., Ltd. Commerce corrected this error in the cash deposit and liquidation instructions issued to U.S. Customs and Border Protection following the publication of the Final Results. Further, in accordance with the Court of International Trade’s August 15, 2018, order amending the Court’s July 3, 2018, judgment in Changzhou Hawd Flooring Co., Ltd., et al. v. United States,2 we AGENCY: 1 See Multilayered Wood Flooring from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Partial Rescission; 2015–2016, 83 FR 35461 (July 26, 2018) (Final Results). 2 See Changzhou Hawd Flooring Co., et al. v. United States, Ct. No. 12–20, Slip Op. 18–82 (Court of Int’l Trade July 3, 2018); see also Changzhou Hawd Flooring Co., et al. v. United States, Ct. No. 12–20, Dkt. No. 199 (Court of Int’l Trade Aug. 15, 2018). E:\FR\FM\07SEN1.SGM 07SEN1

Agencies

[Federal Register Volume 83, Number 174 (Friday, September 7, 2018)]
[Notices]
[Pages 45417-45418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19427]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-010]


Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China: Notice of Partial Rescission of Antidumping 
Duty Administrative Review; 2017-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is rescinding, in part, 
the administrative review of the antidumping duty (AD) order on certain 
crystalline silicon photovoltaic products from the People's Republic of 
China (China) for the period of review (POR), February 1, 2017, through 
January 31, 2018.

DATES: Applicable September 7, 2018.

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, 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) 482-2769.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2018, Commerce published in the Federal Register, a 
notice of opportunity to request an administrative review of the AD 
order on certain crystalline silicon photovoltaic products from China 
(the Order) covering the period February 1,

[[Page 45418]]

2017, through January 31, 2018.\1\ Commerce received multiple timely 
requests for an administrative review of the Order. On April 16, 2018, 
in accordance with section 751(a) of Tariff Act of 1930, as amended 
(the Act) and 19 CFR 351.221(c)(1)(i), Commerce published in the 
Federal Register a notice initiating an administrative review of the 
Order with respect to 12 companies or groups of companies covering the 
period February 1, 2017, through January 31, 2018.\2\ All requesting 
parties subsequently timely withdrew their requests to review the nine 
companies listed in the Appendix to this notice.
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 83 FR 4639 (February 1, 2018).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 16298 (April 16, 2018) (Initiation 
Notice).
---------------------------------------------------------------------------

Rescission of Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested the review withdraw their requests within 90 days of the date 
of publication of the notice of initiation of the requested review. All 
requesting parties withdrew their respective requests for an 
administrative review of the nine companies or group of companies 
listed in the Appendix to this notice within 90 days of the date of 
publication of the Initiation Notice. Accordingly, Commerce is 
rescinding this review with respect to these companies in accordance 
with 19 CFR 351.213(d)(1).\3\ The administrative review will continue 
with respect to all other firms for which a review was requested and 
initiated.
---------------------------------------------------------------------------

    \3\ See Appendix. As stated in Change in Practice in NME 
Reviews, Commerce will no longer consider the non-market economy 
(NME) entity as an exporter conditionally subject to administrative 
reviews. 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 (November 4, 2013). 
The China-wide entity is not subject to this administrative review 
because no interested party requested a review of the entity. See 
Initiation Notice.
---------------------------------------------------------------------------

Assessment

    Commerce will instruct U.S. Customs and Border Protection (CBP) to 
assess antidumping duties on all subject merchandise exported by the 
companies listed in the Appendix to this notice that was entered, or 
withdrawn from warehouse, for consumption during the period of review. 
The entries shall be assessed AD duties that are equal to the cash 
deposit of estimated AD duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(1)(i). Commerce intends to issue appropriate assessment 
instructions to CBP 15 days after publication of this notice in the 
Federal Register.

Notification to Importers

    This notice serves as the only reminder to importers whose entries 
will be liquidated as a result of this rescission notice, of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of AD duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the presumption that reimbursement of the 
AD duties occurred and the subsequent assessment of doubled AD 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 disposition of proprietary information disclosed under 
an APO in accordance with 19 CFR 351.305(a)(3), which continues to 
govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return or destruction of 
APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a sanctionable violation.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

    Dated: August 31, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.

Appendix

 BYD (Shangluo) Industrial Co., Ltd.
 Changzhou Trina Solar Energy Co., Ltd./Trina Solar 
(Changzhou) Science and Technology Co., Ltd./Yangcheng Trina Solar 
Energy Co., Ltd./Turpan Trina Solar Energy Co., Ltd./Hubei Trina 
Solar Energy Co., Ltd.
 Chint Solar (Zhejiang) Co., Ltd.
 Hefei JA Solar Technology Co., Ltd.
 Perlight Solar Co., Ltd.
 Shanghai BYD Co., Ltd.
 Shenzhen Letsolar Technology Co., Ltd.
 Sunny Apex Development Ltd.
 Wuxi Suntech Power Co., Ltd.

[FR Doc. 2018-19427 Filed 9-6-18; 8:45 am]
BILLING CODE 3510-DS-P