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
<![CDATA[
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 https://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 https://
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 https://
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]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 https://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 https://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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\17\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
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
