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; 2016-2017, 67222-67226 [2018-28239]
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Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Notices
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[FR Doc. 2018–28164 Filed 12–27–18; 8:45 am]
BILLING CODE 3510–07–P
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: Preliminary Results of
Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that producers and/or exporters subject
to this administrative review made sales
of subject merchandise at less than
normal value. Interested parties are
invited to comment on these
preliminary results of review.
DATES: Applicable December 28, 2018.
FOR FURTHER INFORMATION CONTACT: Jeff
Pedersen and Krisha Hill, AD/CVD
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,
respectively.
AGENCY:
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Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Notices
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on crystalline
silicon photovoltaic cells, whether or
not assembled into modules (solar
cells), from the People’s Republic of
China (China), and initiated the review
on February 23, 2018.1 The POR is
December 1, 2016, through November
30, 2017. On July 27, 2018, we
rescinded the review with respect to
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.2
Scope of the Order
The merchandise covered by the 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.3 Merchandise
covered by this order is classifiable
under subheadings 8501.61.0000,
8507.20.80, 8541.40.6015, 8541.40.6020,
8541.40.6025, 8541.40.6030,
8541.40.6035, 8541.40.6045, and
8501.31.8000 of the Harmonized Tariff
Schedule of the United States
(HTSUS).4 Although the HTSUS
subheadings are provided for
convenience and customs purposes, our
written description of the scope of the
order is dispositive.
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Preliminary Determination of No
Shipments
We preliminarily determine that there
is no evidence calling into question the
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
8058 (February 23, 2018) at https://
enforcement.trade.gov/frn/.
2 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Notice of Partial
Rescission of Antidumping Duty Administrative
Review; 2016–2017, 83 FR 35620 (July 27, 2018).
3 For a complete description of the scope of the
order, see DOC Memorandum re: Decision
Memorandum for the Preliminary Results of the
2016–2017 Antidumping Duty Administrative
Review of Crystalline Silicon Photovoltaic Cells,
Whether or not Assembled into Modules, from the
People’s Republic of China, issued concurrently
with and hereby adopted by this notice
(Preliminary Decision Memorandum).
4 As detailed in the DOC memorandum entitled
‘‘Request from Customs and Border Protection to
Update the ACE AD/CVD Case Reference File,’’
dated August 2, 2018, the HTS numbers concerning
solar cells and solar modules have been updated
and we have updated the scope accordingly.
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no shipment claims of the following
companies: Anji DaSol Solar Energy
Science & Technology Co., Ltd.; BYD
(Shangluo) Industrial Co., Ltd.; Jiawei
Solarchina Co., Ltd.; LERRI Solar
Technology Co., Ltd.; Ningbo ETDZ
Holdings, Ltd.; Sunpreme Solar
Technology (Jiaxing) Co., Ltd.; and,
Toenergy Technology Hangzhou Co.,
Ltd. We found that Wuxi Suntech Power
Co., Ltd/Luoyang Suntech Power Co.,
Ltd. and Zhejiang ERA Solar
Technology Co., Ltd., which claimed no
exports, sales or entries of subject
merchandise during the POR did, in
fact, sell subject merchandise to the
United States during the POR. Neither
of these companies filed a separate rate
application or certification and thus
they have not established their
entitlement to a separate rate in this
review. For additional information
regarding this preliminary
determination, see the Preliminary
Decision Memorandum.
Preliminary Affiliation and Single
Entity Determination
We preliminarily determine that
Chint Energy (Haining) Co., Ltd., Chint
Solar (Jiuquan) Co., Ltd., and Chint
Solar (Hong Kong) Company Limited are
affiliated with Chint Solar (Zhejiang)
Co., Ltd. (CSZ) (collectively, Chint
Solar), pursuant to section 771(33)(E) of
the Tariff Act of 1930, as amended (the
Act), and that all of these companies
should be treated as a single entity
pursuant to 19 CFR 351.401(f)(1)–(2).
For additional information, see the
Preliminary Decision Memorandum.
We also preliminarily determine that
Risen (Wuhai) New Energy Co., Ltd.,
Zhejiang Twinsel Electronic Technology
Co., Ltd., Risen (Luoyang) New Energy
Co., Ltd., Jiujiang Shengchao Xinye
Technology Co., Ltd., Jiujiang
Shengzhao Xinye Trade Co., Ltd.
Ruichang Branch, and Risen Energy
(HongKong) Co., Ltd. are affiliated with
Risen Energy Co., Ltd. (Risen Energy)
(collectively, Risen) pursuant to sections
771(33)(E) and (F) of the Act and all of
these companies should be treated as a
single entity pursuant to 19 CFR
351.401(f)(1)–(2). For additional
information, see the Preliminary
Decision Memorandum and Risen
Collapsing Memorandum.5
5 See DOC memorandum entitled ‘‘Preliminary
Affiliation and Collapsing Memorandum for Risen
Energy Co. Ltd., Risen (Wuhai) New Energy Co.,
Ltd., Zhejiang Twinsel Electronic Technology Co.,
Ltd., Risen (Luoyang) New Energy Co., Ltd., Jiujiang
Shengchao Xinye Technology Co., Ltd., Jiujiang
Shengzhao Xinye Trade Co., Ltd. Ruichang Branch,
and Risen Energy (HongKong) Co., Ltd.,’’ dated
concurrently with this notice (Risen Collapsing
Memorandum).
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Use of Partial Facts Available (FA) and
Partial Adverse Facts Available (AFA)
Certain unaffiliated tollers of inputs
used to produce subject merchandise, as
well as certain unaffiliated suppliers of
solar cells and solar modules failed to
provide factors of production (FOP) data
for use in calculating the weightedaverage dumping margins of Risen and
Chint Solar. We preliminarily determine
that it is appropriate to apply AFA,
pursuant to section 776(a) and (b) of the
Act, with respect to the unreported
FOPs for purchased solar cells and solar
modules. These unreported FOPs for
solar cells and solar modules represent
a material amount of necessary FOP
information. However, in accordance
with section 776(a)(1) of the Act,
Commerce is applying facts available
with respect to the unreported FOPs for
the inputs used by the unaffiliated
tollers. For details regarding these
determinations, see the Preliminary
Decision Memorandum and the Risen
and Chint Solar Unreported FOP
Memoranda.6
Separate Rates
Commerce preliminarily determines
that the information placed on the
record by Risen and Chint Solar, as well
as by the other companies listed in the
rate table in the ‘‘Preliminary Results of
Review’’ section below, demonstrates
that these companies are entitled to
separate rate status. Commerce
calculated rates for the mandatory
respondents, Risen and Chint Solar, that
are not zero, de minimis, or based
entirely on facts available and
calculated a rate for the companies to
which it granted separate rates status,
but which it did not individually
examine, as described in the Separate
Rate Calculation Memorandum 7 and the
Preliminary Decision Memorandum.
Commerce preliminarily determines
that the following companies have not
demonstrated their entitlement to
separate rates status because they did
not file a separate rate application or
certification with Commerce:
1. De-Tech Trading Limited HK
2. Dongguan Sunworth Solar Energy
Co., Ltd.
6 See DOC Memoranda entitled ‘‘Unreported
Factors of Production: Chint Solar (Zhejiang) Co.,
Ltd.’’ and ‘‘Unreported Factors of Production: Risen
Energy Co. Ltd.’’ issued concurrently with and
hereby adopted by this notice.
7 See DOC Memorandum entitled ‘‘2016–2017
Administrative Review of the Antidumping Duty
Order on Crystalline Silicon Photovoltaic Cells,
Whether or not Assembled into Modules, from the
People’s Republic of China: Calculation of the
Dumping Margin for Respondents Not Selected for
Individual Examination,’’ dated concurrently with
this notice.
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3. Eoplly New Energy Technology Co.,
Ltd.
4. ERA Solar Co., Ltd.
5. Hangzhou Sunny Energy Science and
Technology Co., Ltd.
6. Jinko Solar Co., Ltd.
7. Jinko Solar International Limited
8. LightWay Green New Energy Co., Ltd.
9. Systemes Versilis, Inc.
10. tenKsolar (Shanghai) Co., Ltd.
11. Yingli Green Energy Holding
Company Limited
12. Yingli Green Energy International
Trading Company Limited
13. Zhejiang Jinko Solar Co., Ltd.
Commerce is preliminarily treating
these companies as part of the Chinawide entity. Because no party requested
a review of the China-wide entity, the
entity is not under review and the
entity’s rate (i.e., 238.95 percent) is not
subject to change.8 For additional
information regarding Commerce’s
separate rates determinations, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(B) of the Act.
Commerce calculated export and
constructed export prices in accordance
with section 772 of the Act. Because
Commerce has determined that China is
a non-market economy country,9 within
the meaning of section 771(18) of the
Act, Commerce calculated NV in
accordance with section 773(c) of the
Act.
For a full description of the
methodology underlying the
preliminary results of this review, see
the Preliminary Decision Memorandum.
The Preliminary Decision Memorandum
is a public document and is made
available to the public via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and is
available to all parties in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be found at https://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
Commerce preliminarily determines
that the following weighted-average
dumping margins exist for the POR:
Weightedaverage
dumping
margin
(percent)
Exporter
Chint Solar (Zhejiang) Co., Ltd./Chint Energy (Haining) Co., Ltd./Chint Solar (Jiuquan) Co., Ltd./Chint Solar (Hong Kong)
Company Limited .........................................................................................................................................................................
Risen Energy Co. Ltd./Risen (Wuhai) New Energy Co., Ltd./Zhejiang Twinsel Electronic Technology Co., Ltd./Risen
(Luoyang) New Energy Co., Ltd./Jiujiang Shengchao Xinye Technology Co., Ltd./Jiujiang Shengzhao Xinye Trade Co., Ltd.
Ruichang Branch/Risen Energy (HongKong) Co., Ltd ................................................................................................................
Canadian Solar International Limited/Canadian Solar Manufacturing (Changshu), Inc./Canadian Solar Manufacturing
(Luoyang) Inc./CSI Cells Co., Ltd./CSI–GCL Solar Manufacturing (YanCheng) Co., Ltd./CSI Solar Power (China) Inc ..........
ET Solar Energy Limited .................................................................................................................................................................
Hengdian Group DMEGC Magnetics Co., Ltd ................................................................................................................................
JA Solar Technology Yangzhou Co., Ltd ........................................................................................................................................
Jiangsu High Hope Int’l Group ........................................................................................................................................................
Jiawei Solarchina (Shenzhen) Co., Ltd ...........................................................................................................................................
JingAo Solar Co., Ltd ......................................................................................................................................................................
Jinko Solar Import and Export Co., Ltd ...........................................................................................................................................
Nice Sun PV Co., Ltd ......................................................................................................................................................................
Ningbo Qixin Solar Electrical Appliance Co., Ltd ............................................................................................................................
Shanghai BYD Co., Ltd ...................................................................................................................................................................
Shanghai JA Solar Technology Co., Ltd .........................................................................................................................................
Shenzhen Sungold Solar Co., Ltd ...................................................................................................................................................
Shenzhen Topray Solar Co., Ltd .....................................................................................................................................................
Sumec Hardware & Tools Co., Ltd .................................................................................................................................................
Taizhou BD Trade Co., Ltd .............................................................................................................................................................
Wuxi Tianran Photovoltaic Co., Ltd .................................................................................................................................................
Xiamen Eco-sources Technology 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./Shenzhen Yingli New Energy Resources Co., Ltd ................................................................
Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company ....................................................................
Disclosure and Public Comment
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Commerce intends to disclose to
parties the calculations performed for
8 The China-wide entity rate was last changed in
the first administrative review of this proceeding
and has been the applicable rate for the entity in
each subsequent review, including the one most
recently completed. 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;
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98.41
15.74
44.25
44.25
44.25
44.25
44.25
44.25
44.25
44.25
44.25
44.25
44.25
44.25
44.25
44.25
44.25
44.25
44.25
44.25
44.25
44.25
these preliminary results of review
within five days of the date of
publication of this notice in the Federal
Register in accordance with 19 CFR
351.224(b). Interested parties may
submit case briefs no later than 30 days
2012–2013, 80 FR 40998, 41002 (July 14, 2015)
(AR1 Final); 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,
83 FR 35616, 35618 (July 27, 2018).
9 See Antidumping Duty Investigation of Certain
Aluminum Foil from the People’s Republic of
China: Affirmative Preliminary Determination of
Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861
(November 2, 2017) (citing Memorandum, ‘‘China’s
Status as a Non-Market Economy,’’ dated October
26, 2017 (China NME Status Memo)), unchanged in
Certain Aluminum Foil from the People’s Republic
of China: Final Determination of Sales at Less Than
Fair Value, 83 FR 9282 (March 5, 2018).
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Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Notices
after the date of publication of these
preliminary results of review.10 Rebuttal
briefs may be filed no later than five
days after case briefs are due and may
respond only to arguments raised in the
case briefs.11 A table of contents, list of
authorities used, and an executive
summary of issues should accompany
any briefs submitted to Commerce. The
summary should be limited to five pages
total, including footnotes.12
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, within 30
days after the date of publication of this
notice.13 Requests should contain the
party’s name, address, and telephone
number, the number of participants in,
and a list of the issues to be discussed
at, the hearing. Oral arguments at the
hearing will be limited to issues raised
in the briefs. If a request for a hearing
is made, Commerce intends to hold the
hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a date
and time to be determined.14 Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date of the
hearing.
All submissions, with limited
exceptions, must be filed electronically
using ACCESS.15 An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS, by 5 p.m.
Eastern Time (ET) on the due date.
Documents excepted from the electronic
submission requirements must be filed
manually (i.e., in paper form) with the
APO/Dockets Unit in Room 18022 and
stamped with the date and time of
receipt by 5 p.m. ET on the due date.16
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results of review, pursuant
to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of
this review, Commerce will determine,
10 See
19 CFR 351.309(c)(ii).
19 CFR 351.309(d).
12 See 19 CFR 351.309(c)(2), (d)(2).
13 See 19 CFR 351.310(c).
14 See 19 CFR 351.310(d).
15 See generally 19 CFR 351.303.
16 See 19 CFR 351.303 (for general filing
requirements); Antidumping and Countervailing
Duty Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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11 See
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and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries covered by
this review.17 Commerce intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review. For each
individually examined respondent in
this review whose weighted-average
dumping margin in the final results of
review is not zero or de minimis (i.e.,
less than 0.5 percent), Commerce
intends to calculate importer-specific
assessment rates, in accordance with 19
CFR 351.212(b)(1).18 Where the
respondent reported reliable entered
values, Commerce intends to calculate
importer-specific ad valorem
assessment rates by aggregating the
amount of dumping calculated for all
U.S. sales to the importer and dividing
this amount by the total entered value
of the sales to the importer.19 Where the
respondent did not report entered
values, Commerce will calculate
importer-specific assessment rates by
dividing the amount of dumping for
reviewed sales to the importer by the
total sales quantity associated with
those transactions. Commerce will
calculate an estimated ad valorem
importer-specific assessment rate to
determine whether the per-unit rate is
de minimis, however, Commerce will
direct CBP to assess importer-specific
assessment rates where the entered
value was not reported based on the
resulting per-unit rates.20 Where an
importer-specific ad valorem
assessment rate is not zero or 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-specific ad valorem
assessment rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.21
Pursuant to Commerce’s refinement to
its practice, for sales that were not
reported in the U.S. sales database
submitted by an exporter individually
examined during this review, Commerce
will instruct CBP to liquidate such
merchandise at the rate for the Chinawide entity.22 Additionally, where
17 See
19 CFR 351.212(b)(1).
Antidumping Proceedings: Calculation of
the Weighted Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification).
19 See 19 CFR 351.212(b)(1).
20 Id.
21 See Final Modification, 77 FR at 8103.
22 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
18 See
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67225
Commerce determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s CBP case number will be
liquidated at the rate for the China-wide
entity.
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
Commerce will instruct CBP to
require a cash deposit for antidumping
duties equal to the weighted-average
amount by which the NV exceeds U.S.
price. The following cash deposit
requirements will be effective for
shipments of the subject merchandise
from China entered, or withdrawn from
warehouse, for consumption on or after
the publication date of this notice, as
provided by section 751(a)(2)(C) of the
Act: (1) For the exporters listed above,
the cash deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
review (except, if the rate is de minimis
(i.e., less than 0.5 percent), then the cash
deposit rate will be zero for that
exporter); (2) for previously investigated
or reviewed Chinese and non-Chinese
exporters not listed above that have
separate rates, the cash deposit rate will
continue to be the exporter-specific rate
published for the most recently
completed segment of this proceeding;
(3) 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 the rate for
the China-wide entity (i.e., 238.95
percent 23) and (4) for all non-Chinese
exporters of subject merchandise that
have not received their own rate, the
cash deposit rate will be the rate
applicable to China exporter that
supplied that non-Chinese exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a
preliminary 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
FR 65694 (October 24, 2011), for a full discussion
of this practice.
23 See AR1 Final, 80 FR at 41002.
E:\FR\FM\28DEN1.SGM
28DEN1
67226
Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Notices
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 has
occurred, and the subsequent
assessment of double antidumping
duties and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213 and 351.221(b)(4).
Dated: December 20, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and
Negotiations.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
•
•
•
•
•
•
•
•
Summary
Background
Scope of the Order
Preliminary Determination of No
Shipments
Selection of Respondents
Single Entity Treatment
Discussion of the Methodology
Æ Non-Market Economy Country
Æ Separate Rates
Æ Application of Partial Facts Available
(FA) and Adverse Facts Available (AFA)
Æ Surrogate Country Selection
Æ Date of Sale
Æ Fair Value Comparisons
Æ U.S. Price
Æ Normal Value
Æ Adjustments for Countervailable
Subsidies
Æ Export Subsidy Adjustment
Æ Separate Rate Companies
Æ Currency Conversion
Recommendation
[FR Doc. 2018–28239 Filed 12–27–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–983]
amozie on DSK3GDR082PROD with NOTICES1
Drawn Stainless Steel Sinks From the
People’s Republic of China:
Preliminary Results of the
Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that
certain companies made sales of subject
merchandise at less than normal value
during the period of review (POR), April
AGENCY:
VerDate Sep<11>2014
18:13 Dec 27, 2018
Jkt 247001
1, 2017, through March 31, 2018. We
invite interested parties to comment on
these preliminary results.
DATES: Applicable December 28, 2018.
FOR FURTHER INFORMATION CONTACT:
Rebecca Janz or Joshua Tucker, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue,
NW, Washington, DC 20230; telephone:
(202) 482–2972 or (202) 482–2044,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by the order
include drawn stainless steel sinks.
Imports of subject merchandise are
currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7324.10.0000 and 7324.10.0010.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of the order is dispositive.1
Preliminary Determination of No
Shipments
Based on our analysis of U.S. Customs
and Border Production (CBP)
information and information provided
by the companies, we preliminarily
determine that Zhuhai KOHLER Kitchen
& Bathroom Products Co., Ltd. (Zhuhai
KOHLER) and Yuyao Afa Kitchenware
Co., Ltd. (Yuyao Afa) did not have any
reviewable transactions during the POR.
In addition, Commerce finds that,
consistent with its assessment practice
in non-market economy (NME) cases, it
is appropriate not to rescind the review
in part in these circumstances, but to
complete the review with respect to
these three companies and issue
appropriate instructions to CBP based
on the final results.2 For additional
information regarding this
determination, see the Preliminary
Decision Memorandum.
With respect to Zhongshan Superte
Kitchenware Co., Ltd. (Superte), we
obtained information from CBP
indicating that Superte had shipments
during the POR, contradicting its no
shipments certification. Thus, we
1 For a complete description of the Scope of the
Order, see Memorandum, ‘‘Decision Memorandum
for Preliminary Results of the Antidumping Duty
Administrative Review: Drawn Stainless Steel Sinks
from the People’s Republic of China,’’ issued
concurrently with and hereby adopted by this
notice (Preliminary Decision Memorandum).
2 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011) (NME AD
Assessment) and the ‘‘Assessment Rates’’ section,
below.
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
preliminarily determine that Superte is
part of the China-wide entity, and we
will complete the review with respect to
this company. For a full discussion of
this determination, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act). Because Feidong Import and
Export Co., Ltd. (Feidong); Xinhe
Stainless Steel Products Co., Ltd.
(Xinhe); Jiangmen New Star Hi-Tech
Enterprise Ltd. (New Star); and Ningbo
Afa Kitchen and Bath Co., Ltd. (Ningbo
Afa) did not participate in this segment
of the proceeding, we preliminarily
determine that they are ineligible for a
separate rate and are part of the People’s
Republic of China (China)-wide entity,
subject to the China-wide entity rate of
76.45 percent.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary 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 Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
A list of topics included in the
Preliminary Decision Memorandum is
provided as an appendix to this notice.
Preliminary Results of Review
Commerce finds that the four
mandatory respondents have not
established eligibility for a separate rate
and are considered to be part of Chinawide entity for these preliminary
results. Additionally, because
Guangdong G–Top Import & Export Co.,
Ltd. (Guangdong G–Top) and Jiangmen
Pioneer Import & Export Co., Ltd.
(Jiangmen Pioneer) did not submit
separate rate applications or
certifications by the deadline
established in the Initiation Notice or
make a claim that they had no
shipments of subject merchandise
during the POR, we find that these
companies failed to establish their
entitlement to a separate rate and,
therefore, remain part of the China-wide
E:\FR\FM\28DEN1.SGM
28DEN1
]]>Agencies
[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Notices]
[Pages 67222-67226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28239]
-----------------------------------------------------------------------
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: Preliminary Results
of Antidumping Duty Administrative Review and Preliminary Determination
of No Shipments; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers and/or exporters subject to this administrative review
made sales of subject merchandise at less than normal value. Interested
parties are invited to comment on these preliminary results of review.
DATES: Applicable December 28, 2018.
FOR FURTHER INFORMATION CONTACT: Jeff Pedersen and Krisha Hill, AD/CVD
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,
respectively.
[[Page 67223]]
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on crystalline silicon photovoltaic cells, whether or not
assembled into modules (solar cells), from the People's Republic of
China (China), and initiated the review on February 23, 2018.\1\ The
POR is December 1, 2016, through November 30, 2017. On July 27, 2018,
we rescinded the review with respect to 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.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 8058 (February 23, 2018) at https://enforcement.trade.gov/frn/.
\2\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China: Notice
of Partial Rescission of Antidumping Duty Administrative Review;
2016-2017, 83 FR 35620 (July 27, 2018).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the 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.\3\
Merchandise covered by this order is classifiable under subheadings
8501.61.0000, 8507.20.80, 8541.40.6015, 8541.40.6020, 8541.40.6025,
8541.40.6030, 8541.40.6035, 8541.40.6045, and 8501.31.8000 of the
Harmonized Tariff Schedule of the United States (HTSUS).\4\ Although
the HTSUS subheadings are provided for convenience and customs
purposes, our written description of the scope of the order is
dispositive.
---------------------------------------------------------------------------
\3\ For a complete description of the scope of the order, see
DOC Memorandum re: Decision Memorandum for the Preliminary Results
of the 2016-2017 Antidumping Duty Administrative Review of
Crystalline Silicon Photovoltaic Cells, Whether or not Assembled
into Modules, from the People's Republic of China, issued
concurrently with and hereby adopted by this notice (Preliminary
Decision Memorandum).
\4\ As detailed in the DOC memorandum entitled ``Request from
Customs and Border Protection to Update the ACE AD/CVD Case
Reference File,'' dated August 2, 2018, the HTS numbers concerning
solar cells and solar modules have been updated and we have updated
the scope accordingly.
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
We preliminarily determine that there is no evidence calling into
question the no shipment claims of the following companies: Anji DaSol
Solar Energy Science & Technology Co., Ltd.; BYD (Shangluo) Industrial
Co., Ltd.; Jiawei Solarchina Co., Ltd.; LERRI Solar Technology Co.,
Ltd.; Ningbo ETDZ Holdings, Ltd.; Sunpreme Solar Technology (Jiaxing)
Co., Ltd.; and, Toenergy Technology Hangzhou Co., Ltd. We found that
Wuxi Suntech Power Co., Ltd/Luoyang Suntech Power Co., Ltd. and
Zhejiang ERA Solar Technology Co., Ltd., which claimed no exports,
sales or entries of subject merchandise during the POR did, in fact,
sell subject merchandise to the United States during the POR. Neither
of these companies filed a separate rate application or certification
and thus they have not established their entitlement to a separate rate
in this review. For additional information regarding this preliminary
determination, see the Preliminary Decision Memorandum.
Preliminary Affiliation and Single Entity Determination
We preliminarily determine that Chint Energy (Haining) Co., Ltd.,
Chint Solar (Jiuquan) Co., Ltd., and Chint Solar (Hong Kong) Company
Limited are affiliated with Chint Solar (Zhejiang) Co., Ltd. (CSZ)
(collectively, Chint Solar), pursuant to section 771(33)(E) of the
Tariff Act of 1930, as amended (the Act), and that all of these
companies should be treated as a single entity pursuant to 19 CFR
351.401(f)(1)-(2). For additional information, see the Preliminary
Decision Memorandum.
We also preliminarily determine that Risen (Wuhai) New Energy Co.,
Ltd., Zhejiang Twinsel Electronic Technology Co., Ltd., Risen (Luoyang)
New Energy Co., Ltd., Jiujiang Shengchao Xinye Technology Co., Ltd.,
Jiujiang Shengzhao Xinye Trade Co., Ltd. Ruichang Branch, and Risen
Energy (HongKong) Co., Ltd. are affiliated with Risen Energy Co., Ltd.
(Risen Energy) (collectively, Risen) pursuant to sections 771(33)(E)
and (F) of the Act and all of these companies should be treated as a
single entity pursuant to 19 CFR 351.401(f)(1)-(2). For additional
information, see the Preliminary Decision Memorandum and Risen
Collapsing Memorandum.\5\
---------------------------------------------------------------------------
\5\ See DOC memorandum entitled ``Preliminary Affiliation and
Collapsing Memorandum for Risen Energy Co. Ltd., Risen (Wuhai) New
Energy Co., Ltd., Zhejiang Twinsel Electronic Technology Co., Ltd.,
Risen (Luoyang) New Energy Co., Ltd., Jiujiang Shengchao Xinye
Technology Co., Ltd., Jiujiang Shengzhao Xinye Trade Co., Ltd.
Ruichang Branch, and Risen Energy (HongKong) Co., Ltd.,'' dated
concurrently with this notice (Risen Collapsing Memorandum).
---------------------------------------------------------------------------
Use of Partial Facts Available (FA) and Partial Adverse Facts Available
(AFA)
Certain unaffiliated tollers of inputs used to produce subject
merchandise, as well as certain unaffiliated suppliers of solar cells
and solar modules failed to provide factors of production (FOP) data
for use in calculating the weighted-average dumping margins of Risen
and Chint Solar. We preliminarily determine that it is appropriate to
apply AFA, pursuant to section 776(a) and (b) of the Act, with respect
to the unreported FOPs for purchased solar cells and solar modules.
These unreported FOPs for solar cells and solar modules represent a
material amount of necessary FOP information. However, in accordance
with section 776(a)(1) of the Act, Commerce is applying facts available
with respect to the unreported FOPs for the inputs used by the
unaffiliated tollers. For details regarding these determinations, see
the Preliminary Decision Memorandum and the Risen and Chint Solar
Unreported FOP Memoranda.\6\
---------------------------------------------------------------------------
\6\ See DOC Memoranda entitled ``Unreported Factors of
Production: Chint Solar (Zhejiang) Co., Ltd.'' and ``Unreported
Factors of Production: Risen Energy Co. Ltd.'' issued concurrently
with and hereby adopted by this notice.
---------------------------------------------------------------------------
Separate Rates
Commerce preliminarily determines that the information placed on
the record by Risen and Chint Solar, as well as by the other companies
listed in the rate table in the ``Preliminary Results of Review''
section below, demonstrates that these companies are entitled to
separate rate status. Commerce calculated rates for the mandatory
respondents, Risen and Chint Solar, that are not zero, de minimis, or
based entirely on facts available and calculated a rate for the
companies to which it granted separate rates status, but which it did
not individually examine, as described in the Separate Rate Calculation
Memorandum \7\ and the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See DOC Memorandum entitled ``2016-2017 Administrative
Review of the Antidumping Duty Order on Crystalline Silicon
Photovoltaic Cells, Whether or not Assembled into Modules, from the
People's Republic of China: Calculation of the Dumping Margin for
Respondents Not Selected for Individual Examination,'' dated
concurrently with this notice.
---------------------------------------------------------------------------
Commerce preliminarily determines that the following companies have
not demonstrated their entitlement to separate rates status because
they did not file a separate rate application or certification with
Commerce:
1. De-Tech Trading Limited HK
2. Dongguan Sunworth Solar Energy Co., Ltd.
[[Page 67224]]
3. Eoplly New Energy Technology Co., Ltd.
4. ERA Solar Co., Ltd.
5. Hangzhou Sunny Energy Science and Technology Co., Ltd.
6. Jinko Solar Co., Ltd.
7. Jinko Solar International Limited
8. LightWay Green New Energy Co., Ltd.
9. Systemes Versilis, Inc.
10. tenKsolar (Shanghai) Co., Ltd.
11. Yingli Green Energy Holding Company Limited
12. Yingli Green Energy International Trading Company Limited
13. Zhejiang Jinko Solar Co., Ltd.
Commerce is preliminarily treating these companies as part of the
China-wide entity. Because no party requested a review of the China-
wide entity, the entity is not under review and the entity's rate
(i.e., 238.95 percent) is not subject to change.\8\ For additional
information regarding Commerce's separate rates determinations, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\8\ The China-wide entity rate was last changed in the first
administrative review of this proceeding and has been the applicable
rate for the entity in each subsequent review, including the one
most recently completed. 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; 2012-2013, 80 FR 40998, 41002
(July 14, 2015) (AR1 Final); 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, 83 FR 35616, 35618
(July 27, 2018).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) of the Act. Commerce calculated export and
constructed export prices in accordance with section 772 of the Act.
Because Commerce has determined that China is a non-market economy
country,\9\ within the meaning of section 771(18) of the Act, Commerce
calculated NV in accordance with section 773(c) of the Act.
---------------------------------------------------------------------------
\9\ See Antidumping Duty Investigation of Certain Aluminum Foil
from the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861 (November 2, 2017) (citing
Memorandum, ``China's Status as a Non-Market Economy,'' dated
October 26, 2017 (China NME Status Memo)), unchanged in Certain
Aluminum Foil from the People's Republic of China: Final
Determination of Sales at Less Than Fair Value, 83 FR 9282 (March 5,
2018).
---------------------------------------------------------------------------
For a full description of the methodology underlying the
preliminary results of this review, see the Preliminary Decision
Memorandum. The Preliminary Decision Memorandum is a public document
and is made available to the public via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and is available to all parties in the Central Records
Unit, room B8024 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be found at https://enforcement.trade.gov/frn/. The signed and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted-
average dumping
Exporter margin
(percent)
------------------------------------------------------------------------
Chint Solar (Zhejiang) Co., Ltd./Chint Energy 98.41
(Haining) Co., Ltd./Chint Solar (Jiuquan) Co., Ltd./
Chint Solar (Hong Kong) Company Limited..............
Risen Energy Co. Ltd./Risen (Wuhai) New Energy Co., 15.74
Ltd./Zhejiang Twinsel Electronic Technology Co., Ltd./
Risen (Luoyang) New Energy Co., Ltd./Jiujiang
Shengchao Xinye Technology Co., Ltd./Jiujiang
Shengzhao Xinye Trade Co., Ltd. Ruichang Branch/Risen
Energy (HongKong) Co., Ltd...........................
Canadian Solar International Limited/Canadian Solar 44.25
Manufacturing (Changshu), Inc./Canadian Solar
Manufacturing (Luoyang) Inc./CSI Cells Co., Ltd./CSI-
GCL Solar Manufacturing (YanCheng) Co., Ltd./CSI
Solar Power (China) Inc..............................
ET Solar Energy Limited............................... 44.25
Hengdian Group DMEGC Magnetics Co., Ltd............... 44.25
JA Solar Technology Yangzhou Co., Ltd................. 44.25
Jiangsu High Hope Int'l Group......................... 44.25
Jiawei Solarchina (Shenzhen) Co., Ltd................. 44.25
JingAo Solar Co., Ltd................................. 44.25
Jinko Solar Import and Export Co., Ltd................ 44.25
Nice Sun PV Co., Ltd.................................. 44.25
Ningbo Qixin Solar Electrical Appliance Co., Ltd...... 44.25
Shanghai BYD Co., Ltd................................. 44.25
Shanghai JA Solar Technology Co., Ltd................. 44.25
Shenzhen Sungold Solar Co., Ltd....................... 44.25
Shenzhen Topray Solar Co., Ltd........................ 44.25
Sumec Hardware & Tools Co., Ltd....................... 44.25
Taizhou BD Trade Co., Ltd............................. 44.25
Wuxi Tianran Photovoltaic Co., Ltd.................... 44.25
Xiamen Eco-sources Technology Co., Ltd................ 44.25
Yingli Energy (China) Company Limited/Baoding Tianwei 44.25
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./Shenzhen Yingli New Energy
Resources Co., Ltd...................................
Zhejiang Sunflower Light Energy Science & Technology 44.25
Limited Liability Company............................
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose to parties the calculations performed
for these preliminary results of review within five days of the date of
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b). Interested parties may submit case briefs no later
than 30 days
[[Page 67225]]
after the date of publication of these preliminary results of
review.\10\ Rebuttal briefs may be filed no later than five days after
case briefs are due and may respond only to arguments raised in the
case briefs.\11\ A table of contents, list of authorities used, and an
executive summary of issues should accompany any briefs submitted to
Commerce. The summary should be limited to five pages total, including
footnotes.\12\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.309(c)(ii).
\11\ See 19 CFR 351.309(d).
\12\ See 19 CFR 351.309(c)(2), (d)(2).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, within 30 days after the date
of publication of this notice.\13\ Requests should contain the party's
name, address, and telephone number, the number of participants in, and
a list of the issues to be discussed at, the hearing. Oral arguments at
the hearing will be limited to issues raised in the briefs. If a
request for a hearing is made, Commerce intends to hold the hearing at
the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230, at a date and time to be determined.\14\ Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date of the hearing.
---------------------------------------------------------------------------
\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
All submissions, with limited exceptions, must be filed
electronically using ACCESS.\15\ An electronically filed document must
be received successfully in its entirety by Commerce's electronic
records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due date.
Documents excepted from the electronic submission requirements must be
filed manually (i.e., in paper form) with the APO/Dockets Unit in Room
18022 and stamped with the date and time of receipt by 5 p.m. ET on the
due date.\16\
---------------------------------------------------------------------------
\15\ See generally 19 CFR 351.303.
\16\ See 19 CFR 351.303 (for general filing requirements);
Antidumping and Countervailing Duty Proceedings: Electronic Filing
Procedures; Administrative Protective Order Procedures, 76 FR 39263
(July 6, 2011).
---------------------------------------------------------------------------
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\17\ Commerce intends to issue assessment instructions to CBP 15
days after the publication date of the final results of this review.
For each individually examined respondent in this review whose
weighted-average dumping margin in the final results of review is not
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to
calculate importer-specific assessment rates, in accordance with 19 CFR
351.212(b)(1).\18\ Where the respondent reported reliable entered
values, Commerce intends to calculate importer-specific ad valorem
assessment rates by aggregating the amount of dumping calculated for
all U.S. sales to the importer and dividing this amount by the total
entered value of the sales to the importer.\19\ Where the respondent
did not report entered values, Commerce will calculate importer-
specific assessment rates by dividing the amount of dumping for
reviewed sales to the importer by the total sales quantity associated
with those transactions. Commerce will calculate an estimated ad
valorem importer-specific assessment rate to determine whether the per-
unit rate is de minimis, however, Commerce will direct CBP to assess
importer-specific assessment rates where the entered value was not
reported based on the resulting per-unit rates.\20\ Where an importer-
specific ad valorem assessment rate is not zero or 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-specific ad valorem
assessment rate is zero or de minimis, Commerce will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\21\
---------------------------------------------------------------------------
\17\ See 19 CFR 351.212(b)(1).
\18\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
\19\ See 19 CFR 351.212(b)(1).
\20\ Id.
\21\ See Final Modification, 77 FR at 8103.
---------------------------------------------------------------------------
Pursuant to Commerce's refinement to its practice, for sales that
were not reported in the U.S. sales database submitted by an exporter
individually examined during this review, Commerce will instruct CBP to
liquidate such merchandise at the rate for the China-wide entity.\22\
Additionally, where Commerce determines that an exporter under review
had no shipments of the subject merchandise, any suspended entries that
entered under that exporter's CBP case number will be liquidated at the
rate for the China-wide entity.
---------------------------------------------------------------------------
\22\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
---------------------------------------------------------------------------
In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
Commerce will instruct CBP to require a cash deposit for
antidumping duties equal to the weighted-average amount by which the NV
exceeds U.S. price. The following cash deposit requirements will be
effective for shipments of the subject merchandise from China entered,
or withdrawn from warehouse, for consumption on or after the
publication date of this notice, as provided by section 751(a)(2)(C) of
the Act: (1) For the exporters listed above, the cash deposit rate will
be equal to the weighted-average dumping margin established in the
final results of this review (except, if the rate is de minimis (i.e.,
less than 0.5 percent), then the cash deposit rate will be zero for
that exporter); (2) for previously investigated or reviewed Chinese and
non-Chinese exporters not listed above that have separate rates, the
cash deposit rate will continue to be the exporter-specific rate
published for the most recently completed segment of this proceeding;
(3) 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 the rate for the China-wide entity (i.e., 238.95 percent \23\)
and (4) for all non-Chinese exporters of subject merchandise that have
not received their own rate, the cash deposit rate will be the rate
applicable to China exporter that supplied that non-Chinese exporter.
These deposit requirements, when imposed, shall remain in effect until
further notice.
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\23\ See AR1 Final, 80 FR at 41002.
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Notification to Importers
This notice also serves as a preliminary 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
[[Page 67226]]
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 has
occurred, and the subsequent assessment of double antidumping duties
and/or an increase in the amount of antidumping duties by the amount of
the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and
351.221(b)(4).
Dated: December 20, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
Summary
Background
Scope of the Order
Preliminary Determination of No Shipments
Selection of Respondents
Single Entity Treatment
Discussion of the Methodology
[cir] Non-Market Economy Country
[cir] Separate Rates
[cir] Application of Partial Facts Available (FA) and Adverse
Facts Available (AFA)
[cir] Surrogate Country Selection
[cir] Date of Sale
[cir] Fair Value Comparisons
[cir] U.S. Price
[cir] Normal Value
[cir] Adjustments for Countervailable Subsidies
[cir] Export Subsidy Adjustment
[cir] Separate Rate Companies
[cir] Currency Conversion
Recommendation
[FR Doc. 2018-28239 Filed 12-27-18; 8:45 am]
BILLING CODE 3510-DS-P
