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]
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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:
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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).
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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 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 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.
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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.
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17:16 Feb 19, 2019
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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
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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
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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
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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.
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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.
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]]>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]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 37 (February 23, 2018).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 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
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Preliminary Rate for Non-Selected Companies Under Review
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\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.
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\15\ See 19 CFR 351.310(c).
\16\ See 19 CFR 351.310.
\17\ See 19 CFR 351.310(c).
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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
