Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Intent To Rescind the Review, in Part; 2016, 5051-5053 [2019-02787]

Download as PDF Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Notices Closed Session Background 6. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yvette.Springer@ bis.doc.gov, no later than February 26, 2019. A limited number of seats will be available for the public session. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate the distribution of public presentation materials to the Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via email. For more information, call Yvette Springer at (202) 482–2813. On February 23, 2018, Commerce initiated the administrative review of the countervailing duty order on crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells) from the People’s Republic of China (China).1 The period of review is January 1, 2016, through December 31, 2016. On January 23, 2018, Commerce exercised its discretion to toll all deadlines affected by the duration of the closure of the Federal Government from January 20 through January 22, 2018.2 As a result, all deadlines in this segment of the proceeding were, at that time, extended by three days. In addition, Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018, through the resumption of operations on January 29, 2019.3 If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. The revised deadline for these preliminary results is now February 12, 2019. Yvette Springer, Committee Liaison Officer. [FR Doc. 2019–02729 Filed 2–19–19; 8:45 am] Scope of the Order BILLING CODE 3510–JT–P The products covered by the countervailing duty order are 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. For a complete description of the scope of this administrative review, see the Preliminary Decision Memorandum.4 DEPARTMENT OF COMMERCE International Trade Administration [C–570–980] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Intent To Rescind the Review, in Part; 2016 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 received countervailable subsidies. Interested parties are invited to comment on these preliminary results of review. DATES: Applicable February 20, 2019. FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3586. SUPPLEMENTARY INFORMATION: AGENCY: VerDate Sep<11>2014 17:16 Feb 19, 2019 Jkt 247001 Methodology Commerce is conducting this administrative review in accordance 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 37 (February 23, 2018). 2 See Memorandum, ‘‘Deadlines Affected by the Shutdown of the Federal Government,’’ dated January 23, 2018. 3 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review, Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by this notice (Preliminary Decision Memorandum). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 5051 with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we preliminarily find that there is a subsidy, (i.e., a financial contribution from an authority that gives rise to a benefit to the recipient) and that the subsidy is specific.5 In making this preliminary determination, Commerce relied, in part, on facts otherwise available, with the application of adverse inferences.6 For further information, see ‘‘Use of Facts Otherwise Available and Application of Adverse Inferences’’ in the accompanying Preliminary Decision Memorandum. A list of topics discussed in the Preliminary Decision Memorandum is provided at Appendix I to this notice. 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 http://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 http://enforcement.trade.gov/ frn/index.html. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. Intent To Rescind Administrative Review, in Part BYD (Shangluo) Industrial Co., Ltd. (BYD Shangluo) timely filed a noshipments certification.7 Because no evidence on the record contradicts this certification, we preliminarily intend to rescind this administrative review with regard to BYD Shangluo. A final decision on whether to rescind the review with respect to BYD Shangluo will be made in the final results of this review. Preliminary Results of Review We preliminarily determine the net countervailable subsidy rates for the period January 1, 2016, through December 31, 2016, are as follows: 5 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 6 See section 776(a) of the Act. 7 See Letter from BYD Shangluo, ‘‘Crystalline Silicon Photovoltaic Cells, Whether Or Not Assembled Into Modules, from the People’s Republic of China: No Shipment Statement from BYD (Shangluo) Industrial Co., Ltd.,’’ dated March 26, 2018. E:\FR\FM\20FEN1.SGM 20FEN1 5052 Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Notices Subsidy rate (percent) Company United States during the POR. A list of these non-selected companies can be found in Appendix II of notice. Disclosure and Public Comment Commerce will disclose to parties to this proceeding the calculations 16.29 performed in reaching the preliminary results within five days of the date of 16.30 publication of these preliminary results.11 Interested parties may submit written comments (case briefs) at a date Preliminary Rate for Non-Selected to be determined by Commerce and Companies Under Review rebuttal comments (rebuttal briefs) The statute and Commerce’s within five days after the time limit for regulations do not directly address the filing case briefs.12 Rebuttal briefs must establishment of rates to be applied to be limited to issues raised in the case companies not selected for individual briefs.13 Commerce will notify examination where Commerce limits its interested parties when it has examination in an administrative review determined a deadline for case briefs. pursuant to section 777A(e)(2) of the Parties who submit case or rebuttal Act. However, Commerce normally briefs are requested to submit with the determines the rates for non-selected argument: (1) A statement of the issue; companies in reviews in a manner that (2) a brief summary of the argument; is consistent with section 705(c)(5) of and (3) a table of authorities.14 the Act, which provides instructions for Interested parties who wish to request calculating the all-others rate in an a hearing must do so within 30 days of investigation. Section 705(c)(5)(A)(i) of publication of these preliminary results the Act instructs Commerce, as a general by submitting a written request to the rule, to calculate an all others rate using Assistant Secretary for Enforcement and the weighted average of the subsidy Compliance, U.S. Department of weights established for the producers/ Commerce, using Enforcement and exporters individually examined, Compliance’s ACCESS system.15 excluding any zero, de minimis, or rates Hearing requests should contain the based entirely on facts available. For the party’s name, address, and telephone companies for which a review was number, the number of participants, and requested that were not selected as a list of the issues to be discussed. If a mandatory company respondents, and request for a hearing is made, we will for which we did not receive a timely inform parties of the scheduled date for request for withdrawal of review, and the hearing, which will be held at the for which we are not finding to be cross- U.S. Department of Commerce, 1401 owned with the mandatory company Constitution Avenue NW, Washington, respondents, we based the subsidy rate DC 20230, at a time and location to be on a weighted-average of the subsidy determined.16 Parties should confirm by rates calculated for the two mandatory telephone the date, time, and location of respondents, Canadian Solar Inc. and the hearing. Issues addressed at the Jinko Solar Import and Export Co., Ltd. hearing will be limited to those raised using their publicly-ranged sales data in the briefs.17 All briefs and hearing for exports of subject merchandise to the requests must be filed electronically and received successfully in their entirety 8 Cross-owned affiliates are: Canadian Solar Inc.; through ACCESS by 5:00 p.m. Eastern Canadian Solar Manufacturing (Luoyang) Inc.; Time by their respective deadlines. Canadian Solar Manufacturing (Changshu) Inc.; CSI Cells Co., Ltd.; CSI Solar Power (China) Inc. (name Unless the deadline is extended was changed to CSI Solar Power Group Co., Ltd. in pursuant to section 751(a)(3)(A) of the December 2016); CSI Solartronics (Changshu) Co., Act, Commerce intends to issue the final Ltd.; CSI Solar Technologies Inc.; CSI New Energy results of this administrative review, Holding Co., Ltd. (name was CSI Solar Manufacture Inc. until July 2015); CSI–GCL Solar Manufacturing including the results of our analysis of (Yancheng) Co., Ltd.; Changshu Tegu New Materials the issues raised by the parties in their Technology Co., Ltd.; Changshu Tlian Co., Ltd.; and comments, within 120 days after Suzhou Sanysolar Materials Technology Co., Ltd. publication of these preliminary results. See Preliminary Decision Memorandum. Canadian Solar Inc. and CrossOwned Affiliates 8 .................... Jinko Solar Import and Export Co., Ltd. and Cross-Owned Affiliates 9 ................................ Non-Selected Companies Under Review 10 ................................. 16.46 9 Cross-owned affiliates are: Jinko Solar Import and Export Co., Ltd.; Jinko Solar Co., Ltd.; Zhejiang Jinko Solar Co., Ltd.; Jinko Solar (Shanghai) Management Co., Ltd.; Jiangxi Jinko Photovoltaic Materials Co., Ltd.; and Xinjiang Jinko Solar Co., Ltd. See Preliminary Decision Memorandum. 10 See Appendix II of this notice for a list of all companies that remain under review but were not selected for individual examination, and to whom we have preliminarily assigned the non-selected company rate. VerDate Sep<11>2014 17:16 Feb 19, 2019 Jkt 247001 11 See 19 CFR 351.224(b). 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l). Interested parties will be notified through ACCESS regarding the deadline for submitting case briefs. 13 See 19 CFR 351.309(d)(2). 14 See 19 CFR 351.309(c)(2) and (d)(2). 15 See 19 CFR 351.310(c). 16 See 19 CFR 351.310. 17 See 19 CFR 351.310(c). 12 See PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Assessment Rates and Cash Deposit Requirement In accordance with 19 CFR 351.221(b)(4)(i), we assigned a subsidy rate for each producer/exporter subject to this administrative review. Upon issuance of the final results, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. We intend to issue instructions to CBP 15 days after publication of the final results of review. For companies for which this review is rescinded, Commerce will instruct CBP to assess countervailing duties on all appropriate entries at a rate equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period January 1, 2016, through December 31, 2016, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. Pursuant to section 751(a)(2)(C) of the Act, Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties, in the amounts shown above for each of the respective companies shown above, on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits at the most-recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Interested Parties Commerce is issuing and publishing results in accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 351.213 and 351.221(b)(4). Dated: February 12, 2019. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Intent To Rescind the 2016 Administrative Review, In Part IV. Non-Selected Companies Under Review V. Scope of the Order VI. Application of the Countervailing Duty Law to Imports From China VII. Diversification of China’s Economy VIII. Subsidies Valuation E:\FR\FM\20FEN1.SGM 20FEN1 Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Notices IX. Interest Rate Benchmarks, Discount Rates, Inputs, Electricity, and Land Benchmarks X. Use of Facts Otherwise Available and Application of Adverse Inferences XI. Analysis of Programs XII. Verification XIII. Disclosure and Public Comment XIV. Conclusion Company [FR Doc. 2019–02787 Filed 2–19–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Appendix II [A–570–898] Non-Selected Companies Under Review Chlorinated Isocyanurates From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2016–2017 1. Baoding Jiasheng Photovoltaic Technology Co., Ltd. 2. Baoding Tianwei Yingli New Energy Resources Co., Ltd. 3. Beijing Tianneng Yingli New Energy Resources Co., Ltd. 4. Canadian Solar (USA) Inc. 5. Changzhou Trina Solar Energy Co., Ltd. 6. Changzhou Trina Solar Yabang Energy Co., Ltd. 7. Chint Solar (Zhejiang) Co., Ltd. 8. Dongguan Sunworth Solar Energy Co., Ltd. 9. ERA Solar Co. Limited 10. ET Solar Energy Limited 11. Hainan Yingli New Energy Resources Co., Ltd. 12. Hangzhou Sunny Energy Science and Technology Co., Ltd. 13. Hengdian Group DMEGC Magnetics Co., Ltd. 14. Hengshui Yingli New Energy Resources Co., Ltd. 15. JA Solar Technology Yangzhou Co., Ltd. 16. JA Technology Yangzhou Co., Ltd. 17. Jiangsu High Hope Int’l Group 18. Jiawei Solarchina (Shenzhen) Co., Ltd. 19. Jiawei Solarchina Co., Ltd. 20. JingAo Solar Co., Ltd. 21. Jinko Solar (U.S.) Inc. 22. Jinko Solar International Limited 23. Lightway Green New Energy Co., Ltd. 24. Lixian Yingli New Energy Resources Co., Ltd. 25. Luoyang Suntech Power Co., Ltd. 26. Nice Sun PV Co., Ltd. 27. Ningbo Qixin Solar Electrical Appliance Co., Ltd. 28. Risen Energy Co., Ltd. 29. Shanghai BYD Co., Ltd. 30. Shanghai JA Solar Technology Co., Ltd. 31. Shenzhen Glory Industries Co., Ltd. 32. Shenzhen Topray Solar Co., Ltd. 33. Sumec Hardware & Tools Co., Ltd. 34. Systemes Versilis, Inc. 35. Taizhou BD Trade Co., Ltd. 36. tenKsolar (Shanghai) Co., Ltd. 37. Tianjin Yingli New Energy Resources Co., Ltd. 38. Toenergy Technology Hangzhou Co., Ltd. 39. Trina Solar (Changzhou) Science & Technology Co., Ltd. 40. Wuxi Suntech Power Co., Ltd. 41. Yancheng Trina Solar Energy Technology Co., Ltd. 42. Yingli Energy (China) Co., Ltd. 43. Yingli Green Energy Holding Company Limited 44. Yingli Green Energy International Trading Company Limited 45. Zhejiang Era Solar Technology Co., Ltd. 46. Zhejiang Sunflower Light Energy Science & Technology Limited Liability VerDate Sep<11>2014 17:16 Feb 19, 2019 Jkt 247001 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that certain companies covered by this administrative review made sales of chlorinated isocyanurates from the People’s Republic of China (China) at less than normal value during the period of review (POR) June 1, 2016, through May 31, 2017. DATES: Applicable February 20, 2019. FOR FURTHER INFORMATION CONTACT: Sean Carey, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3964. AGENCY: Background This administrative review covers three producers/exporters: (1) Heze Huayi Chemical Co. Ltd. (Heze Huayi); (2) Hebei Jiheng Chemical Co. Ltd. (Jiheng); and (3) Juancheng Kangtai Chemical Co. Ltd. (Kangtai). We determine that Heze Huayi and Kangtai have demonstrated their eligibility for a separate rate, and have made sales in the United States at prices below normal value (NV). With respect to Jiheng, we continue to treat this company as part of the China-wide entity, because it did not participate in this administrative review and failed to respond to our questionnaires. On July 10, 2018, the Department of Commerce (Commerce) published its Preliminary Results of the administrative review of the antidumping duty order on chlorinated isocyanurates from the People’s Republic of China (China).1 We invited parties to comment on our Preliminary Results. On August 16, 2018, the 1 See Chlorinated Isocyanurates from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2016– 2017, 83 FR 31953 (July 10, 2018) (Preliminary Results), and accompanying Preliminary Decision Memorandum. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 5053 petitioners, Bio-lab, Inc., Clearon Corp., and Occidental Chemical Corp. (collectively, the petitioners) and the respondents, Heze Huayi and Kangtai (collectively, the respondents), submitted case briefs.2 On August 21, 2018, the petitioners and the respondents submitted rebuttal briefs.3 On October 30, 2018, Commerce fully extended the deadline for the final results until January 4, 2019.4 Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018, through the resumption of operations on January 29, 2019.5 This extended the deadline for the final results to February 13, 2019. Scope of the Order The products covered by the order are chloro isos, which are derivatives of cyanuric acid, described as chlorinated s-triazine triones. Chlorinated isos are currently classifiable under subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.40.50, 3808.50.40 and 3808.94.5000 of the Harmonized Tariff Schedule of the United States. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of merchandise subject to the scope is dispositive. For a full description of the scope of the order, see Issues and Decision Memorandum.6 2 See ‘‘Case Brief of Bio-lab, Inc., Clearon Corp. and Occidental Chemical Corporation,’’ dated August 16, 2018 (Petitioners’ Case Brief); and, ‘‘Chlorinated Isocyanurates from the People’s Republic of China: Case Brief,’’ dated August 16, 2018 (Respondents’ Case Brief). 3 See ‘‘Rebuttal Brief of Biolab, Inc., Clearon Corp. and Occidental Chemical Corporation,’’ dated August 21, 2018 (Petitioners’ Rebuttal Brief); and, ‘‘Chlorinated Isocyanurates from the People’s Republic of China: Rebuttal Brief,’’ dated August 21, 2018 (Respondents’ Rebuttal Brief). 4 See Memorandum to James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Chlorinated Isocyanurates from the People’s Republic of China: Extension of Deadline for Final Results of Antidumping Duty Administrative Review,’’ (October 30, 2018). 5 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. 6 See Memorandum to 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, ‘‘Issues and Decision Memorandum for the Final Results of Antidumping Duty Administrative Review: Chlorinated Isocyanurates from China; 2016–2017,’’ issued concurrently with this notice for a complete description of the scope of the Order. E:\FR\FM\20FEN1.SGM 20FEN1

Agencies

[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Notices]
[Pages 5051-5053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02787]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-980]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Preliminary Results 
of Countervailing Duty Administrative Review and Intent To Rescind the 
Review, in Part; 2016

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 
received countervailable subsidies. Interested parties are invited to 
comment on these preliminary results of review.

DATES: Applicable February 20, 2019.

FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3586.

SUPPLEMENTARY INFORMATION:

Background

    On February 23, 2018, Commerce initiated the administrative review 
of the countervailing duty order on crystalline silicon photovoltaic 
cells, whether or not assembled into modules (solar cells) from the 
People's Republic of China (China).\1\ The period of review is January 
1, 2016, through December 31, 2016.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 37 (February 23, 2018).
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    On January 23, 2018, Commerce exercised its discretion to toll all 
deadlines affected by the duration of the closure of the Federal 
Government from January 20 through January 22, 2018.\2\ As a result, 
all deadlines in this segment of the proceeding were, at that time, 
extended by three days.
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018.
---------------------------------------------------------------------------

    In addition, Commerce exercised its discretion to toll all 
deadlines affected by the partial federal government closure from 
December 22, 2018, through the resumption of operations on January 29, 
2019.\3\ If the new deadline falls on a non-business day, in accordance 
with Commerce's practice, the deadline will become the next business 
day. The revised deadline for these preliminary results is now February 
12, 2019.
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    \3\ See Memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
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Scope of the Order

    The products covered by the countervailing duty order are 
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. For a complete description of the scope of this 
administrative review, see the Preliminary Decision Memorandum.\4\
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review, 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by this notice (Preliminary 
Decision Memorandum).
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Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). For each of the subsidy programs found countervailable, we 
preliminarily find that there is a subsidy, (i.e., a financial 
contribution from an authority that gives rise to a benefit to the 
recipient) and that the subsidy is specific.\5\ In making this 
preliminary determination, Commerce relied, in part, on facts otherwise 
available, with the application of adverse inferences.\6\ For further 
information, see ``Use of Facts Otherwise Available and Application of 
Adverse Inferences'' in the accompanying Preliminary Decision 
Memorandum. A list of topics discussed in the Preliminary Decision 
Memorandum is provided at Appendix I to this notice.
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    \5\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
    \6\ See section 776(a) of the Act.
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    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 http://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 http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content.

Intent To Rescind Administrative Review, in Part

    BYD (Shangluo) Industrial Co., Ltd. (BYD Shangluo) timely filed a 
no-shipments certification.\7\ Because no evidence on the record 
contradicts this certification, we preliminarily intend to rescind this 
administrative review with regard to BYD Shangluo. A final decision on 
whether to rescind the review with respect to BYD Shangluo will be made 
in the final results of this review.
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    \7\ See Letter from BYD Shangluo, ``Crystalline Silicon 
Photovoltaic Cells, Whether Or Not Assembled Into Modules, from the 
People's Republic of China: No Shipment Statement from BYD 
(Shangluo) Industrial Co., Ltd.,'' dated March 26, 2018.
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Preliminary Results of Review

    We preliminarily determine the net countervailable subsidy rates 
for the period January 1, 2016, through December 31, 2016, are as 
follows:

[[Page 5052]]



------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Canadian Solar Inc. and Cross-Owned Affiliates \8\..........       16.46
Jinko Solar Import and Export Co., Ltd. and Cross-Owned            16.29
 Affiliates \9\.............................................
Non-Selected Companies Under Review \10\....................       16.30
------------------------------------------------------------------------

Preliminary Rate for Non-Selected Companies Under Review
---------------------------------------------------------------------------

    \8\ Cross-owned affiliates are: Canadian Solar Inc.; Canadian 
Solar Manufacturing (Luoyang) Inc.; Canadian Solar Manufacturing 
(Changshu) Inc.; CSI Cells Co., Ltd.; CSI Solar Power (China) Inc. 
(name was changed to CSI Solar Power Group Co., Ltd. in December 
2016); CSI Solartronics (Changshu) Co., Ltd.; CSI Solar Technologies 
Inc.; CSI New Energy Holding Co., Ltd. (name was CSI Solar 
Manufacture Inc. until July 2015); CSI-GCL Solar Manufacturing 
(Yancheng) Co., Ltd.; Changshu Tegu New Materials Technology Co., 
Ltd.; Changshu Tlian Co., Ltd.; and Suzhou Sanysolar Materials 
Technology Co., Ltd. See Preliminary Decision Memorandum.
    \9\ Cross-owned affiliates are: Jinko Solar Import and Export 
Co., Ltd.; Jinko Solar Co., Ltd.; Zhejiang Jinko Solar Co., Ltd.; 
Jinko Solar (Shanghai) Management Co., Ltd.; Jiangxi Jinko 
Photovoltaic Materials Co., Ltd.; and Xinjiang Jinko Solar Co., Ltd. 
See Preliminary Decision Memorandum.
    \10\ See Appendix II of this notice for a list of all companies 
that remain under review but were not selected for individual 
examination, and to whom we have preliminarily assigned the non-
selected company rate.
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    The statute and Commerce's regulations do not directly address the 
establishment of rates to be applied to companies not selected for 
individual examination where Commerce limits its examination in an 
administrative review pursuant to section 777A(e)(2) of the Act. 
However, Commerce normally determines the rates for non-selected 
companies in reviews in a manner that is consistent with section 
705(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in an investigation. Section 705(c)(5)(A)(i) of the Act 
instructs Commerce, as a general rule, to calculate an all others rate 
using the weighted average of the subsidy weights established for the 
producers/exporters individually examined, excluding any zero, de 
minimis, or rates based entirely on facts available. For the companies 
for which a review was requested that were not selected as mandatory 
company respondents, and for which we did not receive a timely request 
for withdrawal of review, and for which we are not finding to be cross-
owned with the mandatory company respondents, we based the subsidy rate 
on a weighted-average of the subsidy rates calculated for the two 
mandatory respondents, Canadian Solar Inc. and Jinko Solar Import and 
Export Co., Ltd. using their publicly-ranged sales data for exports of 
subject merchandise to the United States during the POR. A list of 
these non-selected companies can be found in Appendix II of notice.

Disclosure and Public Comment

    Commerce will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\11\ 
Interested parties may submit written comments (case briefs) at a date 
to be determined by Commerce and rebuttal comments (rebuttal briefs) 
within five days after the time limit for filing case briefs.\12\ 
Rebuttal briefs must be limited to issues raised in the case 
briefs.\13\ Commerce will notify interested parties when it has 
determined a deadline for case briefs. Parties who submit case or 
rebuttal briefs are requested to submit with the argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\14\
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    \11\ See 19 CFR 351.224(b).
    \12\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l). Interested 
parties will be notified through ACCESS regarding the deadline for 
submitting case briefs.
    \13\ See 19 CFR 351.309(d)(2).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Interested parties who wish to request a hearing must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system.\15\ Hearing requests should contain the 
party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. If a request 
for a hearing is made, we will inform parties of the scheduled date for 
the hearing, which will be held at the U.S. Department of Commerce, 
1401 Constitution Avenue NW, Washington, DC 20230, at a time and 
location to be determined.\16\ Parties should confirm by telephone the 
date, time, and location of the hearing. Issues addressed at the 
hearing will be limited to those raised in the briefs.\17\ All briefs 
and hearing requests must be filed electronically and received 
successfully in their entirety through ACCESS by 5:00 p.m. Eastern Time 
by their respective deadlines.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.310(c).
    \16\ See 19 CFR 351.310.
    \17\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, Commerce intends to issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their comments, within 120 days after 
publication of these preliminary results.

Assessment Rates and Cash Deposit Requirement

    In accordance with 19 CFR 351.221(b)(4)(i), we assigned a subsidy 
rate for each producer/exporter subject to this administrative review. 
Upon issuance of the final results, Commerce shall determine, and U.S. 
Customs and Border Protection (CBP) shall assess, countervailing duties 
on all appropriate entries covered by this review. We intend to issue 
instructions to CBP 15 days after publication of the final results of 
review. For companies for which this review is rescinded, Commerce will 
instruct CBP to assess countervailing duties on all appropriate entries 
at a rate equal to the cash deposit of estimated countervailing duties 
required at the time of entry, or withdrawal from warehouse, for 
consumption, during the period January 1, 2016, through December 31, 
2016, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to 
issue appropriate assessment instructions directly to CBP 15 days after 
publication of this notice.
    Pursuant to section 751(a)(2)(C) of the Act, Commerce also intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties, in the amounts shown above for each of the respective companies 
shown above, on shipments of subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
the final results of this review. For all non-reviewed firms, we will 
instruct CBP to continue to collect cash deposits at the most-recent 
company-specific or all-others rate applicable to the company, as 
appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Notification to Interested Parties

    Commerce is issuing and publishing results in accordance with 
sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 351.213 and 
351.221(b)(4).

    Dated: February 12, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Intent To Rescind the 2016 Administrative Review, In Part
IV. Non-Selected Companies Under Review
V. Scope of the Order
VI. Application of the Countervailing Duty Law to Imports From China
VII. Diversification of China's Economy
VIII. Subsidies Valuation

[[Page 5053]]

IX. Interest Rate Benchmarks, Discount Rates, Inputs, Electricity, 
and Land Benchmarks
X. Use of Facts Otherwise Available and Application of Adverse 
Inferences
XI. Analysis of Programs
XII. Verification
XIII. Disclosure and Public Comment
XIV. Conclusion

Appendix II

Non-Selected Companies Under Review

1. Baoding Jiasheng Photovoltaic Technology Co., Ltd.
2. Baoding Tianwei Yingli New Energy Resources Co., Ltd.
3. Beijing Tianneng Yingli New Energy Resources Co., Ltd.
4. Canadian Solar (USA) Inc.
5. Changzhou Trina Solar Energy Co., Ltd.
6. Changzhou Trina Solar Yabang Energy Co., Ltd.
7. Chint Solar (Zhejiang) Co., Ltd.
8. Dongguan Sunworth Solar Energy Co., Ltd.
9. ERA Solar Co. Limited
10. ET Solar Energy Limited
11. Hainan Yingli New Energy Resources Co., Ltd.
12. Hangzhou Sunny Energy Science and Technology Co., Ltd.
13. Hengdian Group DMEGC Magnetics Co., Ltd.
14. Hengshui Yingli New Energy Resources Co., Ltd.
15. JA Solar Technology Yangzhou Co., Ltd.
16. JA Technology Yangzhou Co., Ltd.
17. Jiangsu High Hope Int'l Group
18. Jiawei Solarchina (Shenzhen) Co., Ltd.
19. Jiawei Solarchina Co., Ltd.
20. JingAo Solar Co., Ltd.
21. Jinko Solar (U.S.) Inc.
22. Jinko Solar International Limited
23. Lightway Green New Energy Co., Ltd.
24. Lixian Yingli New Energy Resources Co., Ltd.
25. Luoyang Suntech Power Co., Ltd.
26. Nice Sun PV Co., Ltd.
27. Ningbo Qixin Solar Electrical Appliance Co., Ltd.
28. Risen Energy Co., Ltd.
29. Shanghai BYD Co., Ltd.
30. Shanghai JA Solar Technology Co., Ltd.
31. Shenzhen Glory Industries Co., Ltd.
32. Shenzhen Topray Solar Co., Ltd.
33. Sumec Hardware & Tools Co., Ltd.
34. Systemes Versilis, Inc.
35. Taizhou BD Trade Co., Ltd.
36. tenKsolar (Shanghai) Co., Ltd.
37. Tianjin Yingli New Energy Resources Co., Ltd.
38. Toenergy Technology Hangzhou Co., Ltd.
39. Trina Solar (Changzhou) Science & Technology Co., Ltd.
40. Wuxi Suntech Power Co., Ltd.
41. Yancheng Trina Solar Energy Technology Co., Ltd.
42. Yingli Energy (China) Co., Ltd.
43. Yingli Green Energy Holding Company Limited
44. Yingli Green Energy International Trading Company Limited
45. Zhejiang Era Solar Technology Co., Ltd.
46. Zhejiang Sunflower Light Energy Science & Technology Limited 
Liability Company

[FR Doc. 2019-02787 Filed 2-19-19; 8:45 am]
 BILLING CODE 3510-DS-P