Certain Crystalline Silicon Photovoltaic Products From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2017-2018, 15179-15182 [2019-07428]

Download as PDF Federal Register / Vol. 84, No. 72 / Monday, April 15, 2019 / Notices Estimated Time per Response: 10 minutes to 12 hours. Needs and Uses: The Chemical Weapons Convention Implementation Act of 1998 and Commerce Chemical Weapons Convention Regulations (CWCR) specify the rights, responsibilities and obligations for submission of declarations and reports and inspections of certain chemical facilities. This information is required for the United States to comply with the Chemical Weapons Convention (CWC), an international arms control treaty. Affected Public: Business or other forprofit organizations. Frequency: On Occasion Respondent’s Obligation: Mandatory This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@ omb.eop.gov. Sheleen Dumas, Departmental Lead PRA Officer, Office of the Chief Information Officer, Commerce Department. BILLING CODE 3510–33–P [FR Doc. 2019–07427 Filed 4–12–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Certain Crystalline Silicon Photovoltaic Products From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2017– 2018 DEPARTMENT OF COMMERCE International Trade Administration [A–570–912] 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 (NV) during the period of review (POR), February 1, 2017, through January 31, 2018. Interested parties are invited to comment on these preliminary results of review. DATES: Applicable April 15, 2019. FOR FURTHER INFORMATION CONTACT: Thomas Martin or Maisha Cryor, AD/ AGENCY: Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Notice of Correction to the Partial Rescission of the Antidumping Duty Administrative Review; 2017– 2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: FOR FURTHER INFORMATION CONTACT: Keith Haynes, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5139. SUPPLEMENTARY INFORMATION: amozie on DSK9F9SC42PROD with NOTICES Dated: April 9, 2019. 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. [A–583–853] [FR Doc. 2019–07408 Filed 4–12–19; 8:45 am] Correction On April 5, 2019, the Department of Commerce (Commerce) published the partial rescission of the 2017–2018 antidumping duty administrative review of certain new pneumatic off-the-road tires from the People’s Republic of VerDate Sep<11>2014 China (China).1 In that notice, Commerce inadvertently misspelled the name of one of the respondents for which it intended to rescind the review, as Lianzhou Xiongying Industry Co., Ltd.2 The correct spelling of the name of the respondent is Laizhou Xiongying Rubber Industry Co., Ltd. Additionally, Commerce stated that the review will continue with respect to Honghua Tyre, Zhongwei, and Super Grip.3 However, Commerce clarifies that Super Grip is a U.S. importer that requested review of Zhongwei and is not under review in the underlying proceeding.4 This correction to the Partial Rescission is published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended. 17:16 Apr 12, 2019 Jkt 247001 1 See Certain New Pneumatic Off-the-Road Tires from the People’s Republic of China: Notice of Partial Rescission of the Antidumping Duty Administrative Review; 2017–2018, 84 FR 13633 (April 5, 2019) (Partial Rescission). 2 Id. at 13634. 3 Id. 4 Id. at 13634 n.2; see also Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 45888, 57414 (November 15, 2018) (identifying the companies for which Commerce initiated a review). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 15179 CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; (202) 482– 3936 or (202) 482–5831, respectively. SUPPLEMENTARY INFORMATION: Background Commerce is conducting an administrative review of the antidumping duty (AD) order on certain crystalline silicon photovoltaic products (solar products) from Taiwan, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). On April 16, 2018, based on timely requests for review, Commerce published a notice initiating an AD administrative review of solar products from Taiwan covering 31 companies for the POR.1 On October 16, 2018, Commerce partially extended the preliminary results of this administrative review by 90 days until January 29, 2019. However, 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 28, 2019, resulting in a revised deadline of March 11, 2019.2 On February 28, 2019, Commerce fully extended the preliminary results of this administrative review by an additional 30 days until April 9, 2019.3 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. Export price is calculated in accordance with section 772 of the Act. NV is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. A list of topics included in the Preliminary Decision Memorandum is included as an Appendix 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). 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 16298 (April 16, 2018) (Initiation Notice). 2 See Memorandum, ‘‘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. 3 See Memorandum, ‘‘Certain Crystalline Silicon Photovoltaic Products from Taiwan: Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,’’ dated February 28, 2019. E:\FR\FM\15APN1.SGM 15APN1 15180 Federal Register / Vol. 84, No. 72 / Monday, April 15, 2019 / Notices ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. Scope of the Order The merchandise covered by this order is crystalline silicon photovoltaic cells, and modules, laminates and/or panels consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including building integrated materials.4 Merchandise covered by this order is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope is dispositive. Preliminary Determination of No Shipments Thirteen of the companies under review properly filed a statement that they made no shipments of subject merchandise to the United States during the POR.5 Based on their certification and our analysis of U.S. Customs and Border Protection (CBP) information, we preliminarily determine that these thirteen companies had no reviewable transactions during the POR. Consistent with our practice, we are not preliminarily rescinding the review with respect to these thirteen companies, but, rather, we will complete the review for these companies and issue appropriate instructions to CBP based on the final results of this review.6 For additional information regarding this determination, see the Preliminary Decision Memorandum. Preliminary Results of the Review As a result of this review, we calculated a weighted-average dumping margin of 7.77 percent for Motech and 1.00 percent for SAS–SEC 7 for the period February 1, 2017, through January 31, 2018. We assigned 4.39 percent, the weighted-average of the weighted-average dumping margins of the mandatory respondents using public-ranged sales values, to the sixteen non-selected companies in these preliminary results, as referenced below.8 Weighted-average margin (percent) Manufacturer/exporter amozie on DSK9F9SC42PROD with NOTICES Motech Industries, Inc ................................................................................................................................................................. Sino-American Silicon Products Inc., Solartech Energy Corp. and Sunshine PV Corporation 9 ................................................ Boviet Solar Technology Co., Ltd ................................................................................................................................................ Canadian Solar Inc ...................................................................................................................................................................... Canadian Solar International, Ltd ................................................................................................................................................ Canadian Solar Manufacturing (Changshu), Inc ......................................................................................................................... Canadian Solar Manufacturing (Luoyang), Inc ............................................................................................................................ Canadian Solar Solutions Inc ...................................................................................................................................................... EEPV CORP ................................................................................................................................................................................ E–TON Solar Tech. Co., Ltd ....................................................................................................................................................... Gintech Energy Corporation ........................................................................................................................................................ Inventec Solar Energy Corporation ............................................................................................................................................. Kyocera Mexicana S.A. de C.V ................................................................................................................................................... Lof Solar Corp ............................................................................................................................................................................. Sunengine Corporation Ltd .......................................................................................................................................................... Sunrise Global Solar Energy ....................................................................................................................................................... TSEC Corporation ....................................................................................................................................................................... Win Win Precision Technology Co., Ltd ...................................................................................................................................... 4 For a complete description of the scope of the products under review, see Memorandum ‘‘Decision Memorandum for Preliminary Results of the 2017–2018 Antidumping Duty Administrative Review of Certain Crystalline Silicon Photovoltaic Products from Taiwan,’’ dated concurrently with, and hereby adopted by this notice (Preliminary Decision Memorandum). 5 See certifications of no shipments filed by AU Optronics Corporation and Inventec Energy Corporation, dated May 7, 2018, and certifications of no shipments filed by Vina Solar Technology Co., Ltd, Baoding Jiasheng Photovoltaic Technology Co., Ltd., Baoding Tianwei Yingli New Energy Resources Co., Ltd., Beijing Tianneng Yingli New Energy Resources Co., Ltd., Hainan Yingli New Energy Resources Co., Ltd., Hengshui Yingli New Energy Resources Co., Ltd., Lixian Yingli New Energy Resources Co., Ltd., Shenzhen Yingli New Energy Resources Co., Ltd., Tianjin Yingli New Energy Resources Co., Ltd., Yingli Energy (China) Co., Ltd., and Yingli Green Energy International Trading Company Limited, dated May 16, 2018. 6 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694–95 (October 24, 2011) and the ‘‘Assessment Rates’’ section, below. See also Certain Frozen Warmwater Shrimp from Thailand; VerDate Sep<11>2014 18:02 Apr 12, 2019 Jkt 247001 Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Review, Preliminary Determination of No Shipments; 2012–2013, 79 FR 15951, 15952 (March 24, 2014), unchanged in Certain Frozen Warmwater Shrimp from Thailand: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Partial Rescission of Review; 2012–2013, 79 FR 51306, 51307 (August 28, 2014). 7 Commerce has preliminarily determined to collapse, and treat as a single entity, affiliates SinoAmerican Silicon Products Inc., Solartech Energy Corp. and Sunshine PV Corporation. For our analysis of the collapsing criteria, see Memorandum, ‘‘Whether to Collapse the SinoAmerican Silicon Products Inc. and Solartech Energy Corporation entity with Sunshine PV Corporation in the 2017–2018 Antidumping Duty Administrative Review of Certain Crystalline Silicon Photovoltaic Products from Taiwan, dated April 9, 2019,’’ dated concurrently with this notice. 8 See Preliminary Decision Memorandum at 5. This rate is based on the weighted-average of the margins calculated for those companies selected for individual review using the publicly-ranged U.S. quantities. Because we cannot apply our normal methodology of calculating a weighted-average PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 7.77 1.00 4.39 4.39 4.39 4.39 4.39 4.39 4.39 4.39 4.39 4.39 4.39 4.39 4.39 4.39 4.39 4.39 margin due to requests to protect business proprietary information, we find this rate to be the best proxy of the actual weighted-average margin determined for the mandatory respondents. See Ball Bearings and Parts Thereof from France, et al.: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010); see also Memorandum, ‘‘Calculation of the Review-Specific Average Rate for the Preliminary Results,’’ dated concurrently with this notice. 9 In the 2014–2016 administrative review of the order, Commerce collapsed Sino-American Silicon Products Inc. and Solartech Energy Corp., and treated the companies as a single entity for purposes of the proceeding. See Certain Crystalline Silicon Photovoltaic Products from Taiwan: Final Results of Antidumping Duty Administrative Review; 2014–2016, 82 FR 31555 (July 7, 2017). Because there were no changes to the facts which supported that decision since that determination was made, we continue to find that these companies are part of a single entity for this administrative review. Additionally, we have preliminarily determined to collapse SinoAmerican Silicon Products Inc. and Solartech Energy Corp. with Sunshine PV Corporation. E:\FR\FM\15APN1.SGM 15APN1 Federal Register / Vol. 84, No. 72 / Monday, April 15, 2019 / Notices Assessment Rates Upon completion of the administrative review, Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review. Commerce intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of this review. For any individually examined respondents whose weighted-average dumping margin is above de minimis (i.e., 0.50 percent), we will calculate importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the importer’s examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1).10 For entries of subject merchandise during the POR produced by each respondent for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate un-reviewed entries at the all-others rate if there is no rate for the intermediate company involved in the transaction.11 We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is above de minimis. Where either the respondent’s weighted-average dumping margin is zero or de minimis, or an importerspecific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. 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 duties, where applicable. Cash Deposit Requirements amozie on DSK9F9SC42PROD with NOTICES The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of solar 10 In these preliminary results, Commerce applied the assessment rate calculation methodology adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). 11 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). VerDate Sep<11>2014 18:02 Apr 12, 2019 Jkt 247001 products from Taiwan entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies under review will be the rate established in the final results of this review (except, if the rate is zero or de minimis, no cash deposit will be required); (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the manufacturer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the less-thanfair-value investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of the proceeding for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 19.50 percent ad valorem, the all-others rate established in the less-than-fair-value investigation.12 These cash deposit requirements, when imposed, shall remain in effect until further notice. Disclosure and Public Comment Commerce intends to disclose the calculations used in our analysis to interested parties in this review within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties are invited to comment on the preliminary results of this review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs no later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the time limit for filing case briefs.13 Parties who submit case briefs or rebuttal briefs in this proceeding are requested to submit with each brief: (1) A statement of the issue, (2) a brief summary of the argument, and (3) a table of 12 See Certain Crystalline Silicon Photovoltaic Products: Final Determination of Sales at Less Than Fair Value, 79 FR 76966 (December 23, 2014). 13 See 19 CFR 351.309(d)(1). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 15181 authorities.14 Executive summaries should be limited to five pages total, including footnotes.15 Case and rebuttal briefs should be filed using ACCESS.16 Pursuant to 19 CFR 351.310(c), any interested party may request a hearing within 30 days of the publication of this notice in the Federal Register. If a hearing is requested, Commerce will notify interested parties of the hearing schedule. Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS within 30 days after the date of publication of this notice. Requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. We intend to issue the final results of this administrative review, including the results of our analysis of issues raised by the parties in the written comments, within 120 days of publication of these preliminary results in the Federal Register, unless otherwise extended.17 Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. These preliminary results of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. 14 See 19 CFR 351.309(c)(2) and (d)(2). 15 Id. 16 See 17 See E:\FR\FM\15APN1.SGM 19 CFR 351.303. section 751(a)(3)(A) of the Act. 15APN1 15182 Federal Register / Vol. 84, No. 72 / Monday, April 15, 2019 / Notices Dated: April 8, 2019. Gary Taverman, Deputy Assistance Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Affiliation and Collapsing V. Companies Not Selected for Individual Examination VI. Preliminary Determination of No Shipments VII. Discussion of the Methodology VIII. Recommendation [FR Doc. 2019–07428 Filed 4–12–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–580–837] Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review; and Rescission of Review, in Part; Calendar Year 2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to certain exporters/producers of certain cut-to-length plate from the Republic of Korea at de minimis levels during the period of review (POR) January 1, 2017, through December 31, 2017. Interested parties are invited to comment on these preliminary results. DATES: Applicable April 15, 2019. FOR FURTHER INFORMATION CONTACT: John Conniff or Jolanta Lawska, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482–1009 and (202) 482–8362, respectively. SUPPLEMENTARY INFORMATION: amozie on DSK9F9SC42PROD with NOTICES AGENCY: Background On April 16, 2018, Commerce published a notice of initiation of an administrative review 1 of the 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 16298 (April 16, 2018) (Initiation). VerDate Sep<11>2014 17:16 Apr 12, 2019 Jkt 247001 countervailing duty order on certain cut-to-length carbon quality steel plate from the Republic of Korea (Korea).2 On September 26, 2018, Commerce extended the due date of the preliminary results of this administrative review until February 28, 2019.3 On January 28, 2019, 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, 2019.4 If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. As a result, the revised deadline for the preliminary results in this review is now April 9, 2019. For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.5 A list of topics discussed in the Preliminary Decision Memorandum is included at the Appendix 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 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 accessed directly at http:// enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. 2 See Notice of Amended Final Determinations: Certain Cut-to-Length Carbon-Quality Steel Plate from India and the Republic of Korea; and Notice of Countervailing Duty Orders: Certain Cut-ToLength Carbon-Quality Steel Plate from France, India, Indonesia, Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000) (Order). 3 See Memorandum, ‘‘Cut-to-Length Carbon Quality Steel Plate from the Republic of Korea: Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review,’’ dated September 26, 2018. 4 See Memorandum, ‘‘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. 5 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review, 2017: Certain Cut-to-Length Carbon-Quality Steel Plate from the Republic of Korea,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Scope of the Order The merchandise covered by the Order is certain cut-to-length carbonquality steel plate from Korea. For a complete description of the scope of the order, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this 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 determine that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that confers a benefit to the recipient, and that the subsidy is specific.6 For a full description of the methodology underlying our conclusions, see the accompanying Preliminary Decision Memorandum. Preliminary Results of the Review In accordance with 19 CFR 351.221(b)(6)(i), we calculated individual subsidy rates for DSM and Hyundai Steel. For the period January 1, 2017, through December 31, 2017, we preliminarily determine that the following net subsidy rates for the producers/exporters under review to be as follows: Company Dongkuk Steel Mill Co., Ltd. Hyundai Steel Company Subsidy rate ad valorem 0.25 percent (de minimis). 0.44 percent (de minimis). Assessment Rates Consistent with section 751(a)(2)(C) of the Act, upon issuance of the final results, Commerce shall determine, and 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 this review. Commerce intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. Cash Deposit Requirements Pursuant to section 751(a)(2)(C) of the Act, Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties for each of the companies listed 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 6 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. E:\FR\FM\15APN1.SGM 15APN1

Agencies

[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Notices]
[Pages 15179-15182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07428]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-853]


Certain Crystalline Silicon Photovoltaic Products From Taiwan: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2017-2018

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 (NV) during 
the period of review (POR), February 1, 2017, through January 31, 2018. 
Interested parties are invited to comment on these preliminary results 
of review.

DATES: Applicable April 15, 2019.

FOR FURTHER INFORMATION CONTACT: Thomas Martin or Maisha Cryor, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; (202) 482-3936 or (202) 482-5831, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce is conducting an administrative review of the antidumping 
duty (AD) order on certain crystalline silicon photovoltaic products 
(solar products) from Taiwan, in accordance with section 751(a) of the 
Tariff Act of 1930, as amended (the Act). On April 16, 2018, based on 
timely requests for review, Commerce published a notice initiating an 
AD administrative review of solar products from Taiwan covering 31 
companies for the POR.\1\ On October 16, 2018, Commerce partially 
extended the preliminary results of this administrative review by 90 
days until January 29, 2019. However, 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 28, 2019, resulting in a revised deadline of March 11, 2019.\2\ 
On February 28, 2019, Commerce fully extended the preliminary results 
of this administrative review by an additional 30 days until April 9, 
2019.\3\ For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 16298 (April 16, 2018) (Initiation 
Notice).
    \2\ See Memorandum, ``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.
    \3\ See Memorandum, ``Certain Crystalline Silicon Photovoltaic 
Products from Taiwan: Extension of Deadline for Preliminary Results 
of Antidumping Duty Administrative Review,'' dated February 28, 
2019.
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    Export price is calculated in accordance with section 772 of the 
Act. NV is calculated in accordance with section 773 of the Act. For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum. A list of topics included in the 
Preliminary Decision Memorandum is included as an Appendix 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).

[[Page 15180]]

ACCESS is available to registered users at http://access.trade.gov and 
in the Central Records Unit, Room B8024 of the main Commerce building. 
In addition, a complete version of the Preliminary Decision Memorandum 
can be accessed directly at http://enforcement.trade.gov/frn/. The 
signed Preliminary Decision Memorandum and the electronic version of 
the Preliminary Decision Memorandum are identical in content.

Scope of the Order

    The merchandise covered by this order is crystalline silicon 
photovoltaic cells, and modules, laminates and/or panels consisting of 
crystalline silicon photovoltaic cells, whether or not partially or 
fully assembled into other products, including building integrated 
materials.\4\ Merchandise covered by this order is currently classified 
in the Harmonized Tariff Schedule of the United States (HTSUS) under 
subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 
8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS 
subheadings are provided for convenience and customs purposes; the 
written description of the scope is dispositive.
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    \4\ For a complete description of the scope of the products 
under review, see Memorandum ``Decision Memorandum for Preliminary 
Results of the 2017-2018 Antidumping Duty Administrative Review of 
Certain Crystalline Silicon Photovoltaic Products from Taiwan,'' 
dated concurrently with, and hereby adopted by this notice 
(Preliminary Decision Memorandum).
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Preliminary Determination of No Shipments

    Thirteen of the companies under review properly filed a statement 
that they made no shipments of subject merchandise to the United States 
during the POR.\5\ Based on their certification and our analysis of 
U.S. Customs and Border Protection (CBP) information, we preliminarily 
determine that these thirteen companies had no reviewable transactions 
during the POR. Consistent with our practice, we are not preliminarily 
rescinding the review with respect to these thirteen companies, but, 
rather, we will complete the review for these companies and issue 
appropriate instructions to CBP based on the final results of this 
review.\6\ For additional information regarding this determination, see 
the Preliminary Decision Memorandum.
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    \5\ See certifications of no shipments filed by AU Optronics 
Corporation and Inventec Energy Corporation, dated May 7, 2018, and 
certifications of no shipments filed by Vina Solar Technology Co., 
Ltd, Baoding Jiasheng Photovoltaic Technology Co., Ltd., Baoding 
Tianwei Yingli New Energy Resources Co., Ltd., Beijing Tianneng 
Yingli New Energy Resources Co., Ltd., Hainan Yingli New Energy 
Resources Co., Ltd., Hengshui Yingli New Energy Resources Co., Ltd., 
Lixian Yingli New Energy Resources Co., Ltd., Shenzhen Yingli New 
Energy Resources Co., Ltd., Tianjin Yingli New Energy Resources Co., 
Ltd., Yingli Energy (China) Co., Ltd., and Yingli Green Energy 
International Trading Company Limited, dated May 16, 2018.
    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and 
the ``Assessment Rates'' section, below. See also Certain Frozen 
Warmwater Shrimp from Thailand; Preliminary Results of Antidumping 
Duty Administrative Review, Partial Rescission of Review, 
Preliminary Determination of No Shipments; 2012-2013, 79 FR 15951, 
15952 (March 24, 2014), unchanged in Certain Frozen Warmwater Shrimp 
from Thailand: Final Results of Antidumping Duty Administrative 
Review, Final Determination of No Shipments, and Partial Rescission 
of Review; 2012-2013, 79 FR 51306, 51307 (August 28, 2014).
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Preliminary Results of the Review

    As a result of this review, we calculated a weighted-average 
dumping margin of 7.77 percent for Motech and 1.00 percent for SAS-SEC 
\7\ for the period February 1, 2017, through January 31, 2018. We 
assigned 4.39 percent, the weighted-average of the weighted-average 
dumping margins of the mandatory respondents using public-ranged sales 
values, to the sixteen non-selected companies in these preliminary 
results, as referenced below.\8\
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    \7\ Commerce has preliminarily determined to collapse, and treat 
as a single entity, affiliates Sino-American Silicon Products Inc., 
Solartech Energy Corp. and Sunshine PV Corporation. For our analysis 
of the collapsing criteria, see Memorandum, ``Whether to Collapse 
the Sino-American Silicon Products Inc. and Solartech Energy 
Corporation entity with Sunshine PV Corporation in the 2017-2018 
Antidumping Duty Administrative Review of Certain Crystalline 
Silicon Photovoltaic Products from Taiwan, dated April 9, 2019,'' 
dated concurrently with this notice.
    \8\ See Preliminary Decision Memorandum at 5. This rate is based 
on the weighted-average of the margins calculated for those 
companies selected for individual review using the publicly-ranged 
U.S. quantities. Because we cannot apply our normal methodology of 
calculating a weighted-average margin due to requests to protect 
business proprietary information, we find this rate to be the best 
proxy of the actual weighted-average margin determined for the 
mandatory respondents. See Ball Bearings and Parts Thereof from 
France, et al.: Final Results of Antidumping Duty Administrative 
Reviews, Final Results of Changed-Circumstances Review, and 
Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 
2010); see also Memorandum, ``Calculation of the Review-Specific 
Average Rate for the Preliminary Results,'' dated concurrently with 
this notice.
    \9\ In the 2014-2016 administrative review of the order, 
Commerce collapsed Sino-American Silicon Products Inc. and Solartech 
Energy Corp., and treated the companies as a single entity for 
purposes of the proceeding. See Certain Crystalline Silicon 
Photovoltaic Products from Taiwan: Final Results of Antidumping Duty 
Administrative Review; 2014-2016, 82 FR 31555 (July 7, 2017). 
Because there were no changes to the facts which supported that 
decision since that determination was made, we continue to find that 
these companies are part of a single entity for this administrative 
review. Additionally, we have preliminarily determined to collapse 
Sino-American Silicon Products Inc. and Solartech Energy Corp. with 
Sunshine PV Corporation.

------------------------------------------------------------------------
                                                       Weighted-average
                Manufacturer/exporter                  margin (percent)
------------------------------------------------------------------------
Motech Industries, Inc..............................                7.77
Sino-American Silicon Products Inc., Solartech                      1.00
 Energy Corp. and Sunshine PV Corporation \9\.......
Boviet Solar Technology Co., Ltd....................                4.39
Canadian Solar Inc..................................                4.39
Canadian Solar International, Ltd...................                4.39
Canadian Solar Manufacturing (Changshu), Inc........                4.39
Canadian Solar Manufacturing (Luoyang), Inc.........                4.39
Canadian Solar Solutions Inc........................                4.39
EEPV CORP...........................................                4.39
E-TON Solar Tech. Co., Ltd..........................                4.39
Gintech Energy Corporation..........................                4.39
Inventec Solar Energy Corporation...................                4.39
Kyocera Mexicana S.A. de C.V........................                4.39
Lof Solar Corp......................................                4.39
Sunengine Corporation Ltd...........................                4.39
Sunrise Global Solar Energy.........................                4.39
TSEC Corporation....................................                4.39
Win Win Precision Technology Co., Ltd...............                4.39
------------------------------------------------------------------------


[[Page 15181]]

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review. Commerce intends to issue assessment 
instructions to CBP 15 days after the date of publication of the final 
results of this review.
    For any individually examined respondents whose weighted-average 
dumping margin is above de minimis (i.e., 0.50 percent), we will 
calculate importer-specific ad valorem duty assessment rates based on 
the ratio of the total amount of dumping calculated for the importer's 
examined sales to the total entered value of those same sales in 
accordance with 19 CFR 351.212(b)(1).\10\ For entries of subject 
merchandise during the POR produced by each respondent for which it did 
not know its merchandise was destined for the United States, we will 
instruct CBP to liquidate un-reviewed entries at the all-others rate if 
there is no rate for the intermediate company involved in the 
transaction.\11\ We will instruct CBP to assess antidumping duties on 
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review 
is above de minimis. Where either the respondent's weighted-average 
dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
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    \10\ In these preliminary results, Commerce applied the 
assessment rate calculation methodology adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
    \11\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    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 
duties, where applicable.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of solar products from Taiwan entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this administrative review, as provided for by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies 
under review will be the rate established in the final results of this 
review (except, if the rate is zero or de minimis, no cash deposit will 
be required); (2) for merchandise exported by manufacturers or 
exporters not covered in this review but covered in a prior segment of 
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding in which the manufacturer or exporter participated; (3) if 
the exporter is not a firm covered in this review, a prior review, or 
the less-than-fair-value investigation, but the manufacturer is, the 
cash deposit rate will be the rate established for the most recently 
completed segment of the proceeding for the manufacturer of the 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 19.50 percent ad valorem, the all-
others rate established in the less-than-fair-value investigation.\12\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \12\ See Certain Crystalline Silicon Photovoltaic Products: 
Final Determination of Sales at Less Than Fair Value, 79 FR 76966 
(December 23, 2014).
---------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose the calculations used in our analysis 
to interested parties in this review within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties are invited to comment on the preliminary results of 
this review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties 
may submit case briefs no later than 30 days after the date of 
publication of this notice. Rebuttal briefs, limited to issues raised 
in the case briefs, may be filed no later than five days after the time 
limit for filing case briefs.\13\ Parties who submit case briefs or 
rebuttal briefs in this proceeding are requested to submit with each 
brief: (1) A statement of the issue, (2) a brief summary of the 
argument, and (3) a table of authorities.\14\ Executive summaries 
should be limited to five pages total, including footnotes.\15\ Case 
and rebuttal briefs should be filed using ACCESS.\16\
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    \13\ See 19 CFR 351.309(d)(1).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
    \15\ Id.
    \16\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of the publication of this notice in the Federal 
Register. If a hearing is requested, Commerce will notify interested 
parties of the hearing schedule. Interested parties who wish to request 
a hearing, or to participate if one is requested, must submit a written 
request to the Assistant Secretary for Enforcement and Compliance, 
filed electronically via ACCESS within 30 days after the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address, and telephone number; (2) the number of participants; 
and (3) a list of the issues to be discussed. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.
    We intend to issue the final results of this administrative review, 
including the results of our analysis of issues raised by the parties 
in the written comments, within 120 days of publication of these 
preliminary results in the Federal Register, unless otherwise 
extended.\17\
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    \17\ See section 751(a)(3)(A) of the Act.
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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) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    These preliminary results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act.


[[Page 15182]]


    Dated: April 8, 2019.
Gary Taverman,
Deputy Assistance Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Companies Not Selected for Individual Examination
VI. Preliminary Determination of No Shipments
VII. Discussion of the Methodology
VIII. Recommendation

[FR Doc. 2019-07428 Filed 4-12-19; 8:45 am]
 BILLING CODE 3510-DS-P