Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, and Rescission of Review in Part; 2017, 15585-15587 [2019-07540]
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Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Notices
with the regulations and terms of an
APO is a violation which is subject to
sanction.
We are issuing and publishing the
results and notice in accordance with
sections 751(c), 752(c), and 777(i)(1) of
the Act and 19 CFR 351.218.
Dated: April 10, 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.
[FR Doc. 2019–07543 Filed 4–15–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–011]
Certain Crystalline Silicon Photovoltaic
Products From the People’s Republic
of China: Preliminary Results of
Countervailing Duty Administrative
Review, and Rescission of Review in
Part; 2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that producers and/or exporters subject
to this administrative review received
countervailable subsidies 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 16, 2019.
FOR FURTHER INFORMATION CONTACT:
Gene H. Calvert, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3586.
SUPPLEMENTARY INFORMATION:
khammond on DSKBBV9HB2PROD with NOTICES
AGENCY:
Background
Commerce published the initiation of
this administrative review on April 16,
2018.1 This review covers three
producers/exporters: Risen Energy Co.,
Ltd.; Shenzhen Sungold Solar Co., Ltd.;
and Sol-Lite Manufacturing Co., Ltd.
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,
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
16298 (April 16, 2018).
VerDate Sep<11>2014
16:32 Apr 15, 2019
Jkt 247001
2019.2 As a result, the revised deadline
for these preliminary results was
extended to March 10, 2019.3 On March
8, 2019, we extended the deadline for
these preliminary results by 30 days to
April 9, 2019.4
Scope of the Order
The merchandise covered by this
order are 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. For purposes of this order,
subject merchandise includes modules,
laminates and/or panels assembled in
the China consisting of crystalline
silicon photovoltaic cells produced in a
customs territory other than China. For
a complete description of the scope of
this administrative review, see the
Preliminary Decision Memorandum.5
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each of the subsidy programs found to
be countervailable, Commerce
preliminarily finds that there is a
subsidy (i.e., a financial contribution
from an authority that gives rise to a
benefit to the recipient) and that the
subsidy is specific.6 Commerce notes
that, in making these findings, we relied
on total facts available and, because we
find that the mandatory respondents did
2 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. As a result, all deadlines in this
segment of the proceeding have been extended by
40 days.
3 The March 10, 2019 deadline was a Sunday. As
a result, this deadline fell to the next business day.
See Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, as Amended, 70 FR 24533 (May 10, 2005).
4 See Memorandum, ‘‘Administrative Review of
the Countervailing Duty Order on Certain
Crystalline Silicon Photovoltaic Products from the
People’s Republic of China, Second Extension of
Deadline for Preliminary Results,’’ dated March 8,
2019. We note that this 30-day extension is from the
March 10, 2019 deadline, which was a non-business
day. Accordingly, the revised deadline for these
preliminary results is April 9, 2019.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results in the Countervailing Duty
Administrative Review of Certain Crystalline
Silicon Photovoltaic Products from the People’s
Republic of China; 2017,’’ dated concurrently with
and hereby adopted by this notice (Preliminary
Decision Memorandum).
6 See section 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.
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15585
not act to the best of their ability to
respond to Commerce’s request for
information, Commerce drew an adverse
inference in selecting from the facts
otherwise available.7 For further
information, see ‘‘Use of Facts
Otherwise Available and Application of
Adverse Inferences,’’ in the
accompanying Preliminary Decision
Memorandum. A list of topics discussed
in the Preliminary Decision
Memorandum is provided at Appendix
I to this notice.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed Preliminary
Decision Memorandum and the
electronic version of the Preliminary
Decision Memorandum are identical in
content.
Rescission of Administrative Review, in
Part
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if the parties
that requested a review withdraw the
request within 90 days of the date of
publication of the notice of initiation of
the requested review. This review was
initiated on April 16, 2018. On July 16,
2018, Shenzhen Letsolar Technology
Co., Ltd. (Letsolar) timely withdrew its
request for review of its own entries.8
As no other party requested an
administrative review of Letsolar, we
are rescinding this review with respect
to Letsolar, in accordance with 19 CFR
351.213(d)(1).
Further, we received timely filed
certifications of no shipments from
Shanghai JA Solar Technology Co., Ltd.
and Hefei JA Solar Technology Co., Ltd.
(collectively, JA Solar).9 To confirm JA
Solar’s statement, we issued a noshipment inquiry to U.S. Customs and
Border Protection (CBP) with respect to
7 See
sections 776(a) and (b) of the Act.
Letter from Letsolar, ‘‘Letsolar Withdrawal
of Review Request for Administrative Review of the
Countervailing Duty Order on Crystalline Silicon
Photovoltaic Products from the People’s Republic of
China,’’ dated July 16, 2018.
9 See Letter from JA Solar, ‘‘Certain Crystalline
Silicon Photovoltaic Products from the People’s
Republic of China: No Shipment Certification of
Shanghai JA Solar Technology Co., Ltd. and Hefei
JA Solar Technology Co., Ltd.,’’ dated May 16, 2018.
8 See
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Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Notices
khammond on DSKBBV9HB2PROD with NOTICES
imports of subject merchandise from JA
Solar during the POR.10 On April 4,
2019, CBP responded to our noshipment inquiry regarding JA Solar
stating that it found no shipments of
solar products from China that were
produced and/or exported by JA Solar
during the POR.11 As there is no
evidence on the record that JA Solar
made entries of subject merchandise
into the United States during the POR,
we are rescinding this review with
respect to JA Solar, in accordance with
19 CFR 351.213(d)(3).
Preliminary Rate for Non-Selected
Companies Under Review
The statute and Commerce’s
regulations do not directly address the
establishment of rates to be applied to
companies not selected for individual
examination where Commerce limits its
examination in an administrative review
pursuant to section 777A(e)(2) of the
Act. Commerce normally determines the
rates for non-selected companies in
reviews in a manner that is consistent
with section 705(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in an investigation.
Section 705(c)(5)(A)(ii) of the Act
provides that, if the countervailable
subsidy rates established for all
individually-examined exporters/
producers are de minimis or based
entirely on adverse facts available under
section 776 of the Act, Commerce may
use any reasonable method to establish
a subsidy rate for exporters/producers
that were not individually-examined,
including averaging the weightedaverage countervailable subsidy rates
determined for the individuallyexamined exporters and producers.
In this review, the countervailable
subsidy rates calculated for the three
mandatory respondents are based
entirely on facts available pursuant to
section 776 of the Act. Accordingly, we
are using ‘‘any reasonable method’’ to
establish the subsidy rate for the nonselected companies under review. We
find that it is reasonable to rely on the
rates established for the mandatory
respondents as the rate for the nonselected companies under review,
particularly because there is no other
information on the record that can be
used to determine the rate for the nonselected companies. This method is
consistent with our past practice.12 A
10 See CBP Message No. 9093304, dated April 3,
2019.
11 See Memorandum, ‘‘No shipment inquiry with
respect to the companies below during the period
01/01/2017 through 12/31/2017,’’ dated April 4,
2019.
12 See, e.g. Circular Welded Carbon-Quality Steel
Pipe from Pakistan: Preliminary Affirmative
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16:32 Apr 15, 2019
Jkt 247001
list of these non-selected companies can
be found at Appendix II of this notice.
Preliminary Results of Review
We preliminarily determine the net
countervailable subsidy rates for the
period January 1, 2017, through
December 31, 2017, are as follows:
Subsidy
rate
(percent)
Company
Risen Energy Co., Ltd ................
Shenzhen Sungold Solar Co.,
Ltd ...........................................
Sol-Lite Manufacturing Co., Ltd ..
Non-Selected Companies Under
Review 13 .................................
94.83
94.83
94.83
94.83
Assessment and Cash Deposit
Requirement
In accordance with 19 CFR
351.221(b)(4)(i), we assigned a subsidy
rate for each producer/exporter subject
to this administrative review. Upon
issuance of the final results, Commerce
shall determine, and CBP shall assess,
countervailing duties on all appropriate
entries covered by this review. We
intend to issue instructions to CBP 15
days after the publication of the final
results of this review. For companies for
which this review is rescinded,
Commerce will instruct CBP to assess
countervailing duties on all appropriate
entries at a rate equal to the cash deposit
of estimated countervailing duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, during the period January
1, 2017, through December 31, 2017, in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue appropriate assessment
instructions directly to CBP 15 days
after publication of this notice.
Pursuant to section 751(a)(2)(C) of the
Act, Commerce also intends to instruct
CBP to collect cash deposits of
estimated countervailing duties, in the
Countervailing Duty Determination and Alignment
of Final Countervailing Duty Determination with
Final Antidumping Duty Determination, 81 FR
20619 (April 8, 2016), unchanged in Circular
Welded Carbon-Quality Steel Pipe from Pakistan:
Final Affirmative Countervailing Duty
Determination, 81 FR 75045 (October 28, 2016)
(assigning the sole mandatory respondent’s rate,
which was based on adverse facts available, as the
all-others rate), and Circular Welded CarbonQuality Steel Pipe from India: Preliminary
Affirmative Countervailing Duty Determination and
Alignment of Final Countervailing Duty
Determination with Final Antidumping Duty
Determination, 77 FR 19192 (March 30, 2012),
unchanged in Circular Welded Carbon-Quality Steel
Pipe from India: Final Affirmative Countervailing
Duty Determination, 77 FR 64468 (October 22,
2012) (assigning the average of the mandatory
respondents’ rates, which were based solely on
adverse facts available, as the all-others rate).
13 See Appendix II.
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amounts shown above for each of the
respective companies shown above, on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption, on or after the date of
publication of the final results of
review. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits at the most-recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
Because Commerce had reached its
conclusions on the basis of adverse facts
available, the calculations performed in
connection with these preliminary
results are based on public information
and are described in the Preliminary
Decision Memorandum. Interested
parties may submit case and rebuttal
briefs, as well as request a hearing.14 For
a schedule of the deadlines for filing
case briefs, rebuttal briefs, and for
requesting a hearing, see the
Preliminary Decision Memorandum.
Notification to Interested Parties
Commerce is issuing and publishing
these preliminary results in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213 and
351.221(b)(4).
Dated: April 8, 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.
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Rescission of Administrative Review, In
Part
IV. Scope of the Order
V. Application of the Countervailing Duty
Law to Imports From China
VI. Use of Fact Otherwise Available and
Application of Adverse Inferences
Application of Total Adverse Facts
Available
Calculation of the AFA Rates for the
Mandatory Respondents
Corroboration of AFA Rates
VII. Subsidy Rate for Non-Selected
Companies Under Review
VIII. Disclosure and Public Comment
IX. Conclusion
Appendix I—AFA Rate Calculation
Appendix II—Non-Selected Companies
Under Review
14 See 19 CFR 351.309(c)–(d), and 19 CFR
351.310(c); see also 19 CFR 351.303 (for general
filing requirements).
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Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Notices
Appendix II—Non-Selected Companies
Under Review
1. Changzhou Trina Solar Energy Co., Ltd.
2. Chint Solar (Zhejiang) Co., Ltd.
3. Hefei JA Solar Technology Co., Ltd.
4. Ri Shen Products (SZ) Ltd.
5. Shanghai JA Solar Technology Co., Ltd.
6. Sunny Apex Development Limited
7. Trina Solar (Changzhou) Science &
Technology Co., Ltd.
[FR Doc. 2019–07540 Filed 4–15–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–967]
Aluminum Extrusions From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review and
Rescission of Review, in Part; 2017–
2018
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 during the period of
review (POR), May 1, 2017, through
April 30, 2018. Interested parties are
invited to comment on these
preliminary results of review.
DATES: Applicable April 16, 2019.
FOR FURTHER INFORMATION CONTACT:
Heather Lui or Mark Flessner, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0016 or (202) 482–6312,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
khammond on DSKBBV9HB2PROD with NOTICES
On July 12, 2018, Commerce
published the notice of initiation of the
administrative review of the AD order
on aluminum extrusions from China 1
for the POR covering 243 companies.2
1 See Aluminum Extrusions from the People’s
Republic of China: Antidumping Duty Order, 76 FR
30650 (May 26, 2011) (the Order).
2 See Petitioner/Endura Letter re: Aluminum
Extrusions from the People’s Republic of China:
Request for Administrative Review, dated May 31,
2018 (Petitioner/Endura’s Request for Review); see
also Columbia Letter re: Aluminum Extrusions from
the People’s Republic of China: Request for
Administrative Review, dated May 31, 2018;
Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 32270, 32274–32277
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16:32 Apr 15, 2019
Jkt 247001
All requests for administrative review
were timely withdrawn with regard to
217 companies (listed in Appendix II to
this notice), leaving 26 companies
subject to the administrative review.3
On December 3, 2018, we selected
Cosco (J.M.) Aluminum Co., Ltd. (Cosco)
as the sole producer or exporter eligible
for individual examination as a
mandatory respondent in this
administrative review.4 For a complete
description of the events that followed
the initiation of this administrative
review, see the Preliminary Decision
Memorandum.5
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s AD and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content. A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
I to this notice.
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,
2019.6 If the new deadline falls on a
(July 12, 2018) (Initiation Notice), corrected by
Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 39688, 39690, n.9
(August 10, 2018) (correcting the Initiation Notice
with respect to Asia Alum Group and Atlas
Integrated Manufacturing Ltd.) (Initiation Notice
Correction).
3 See Petitioner/Endura Letter re: Aluminum
Extrusions from the People’s Republic of China:
Withdrawal of Request for Administrative Review,
dated October 4, 2017. See also Columbia Letter re:
Aluminum Extrusions from China, dated October
10, 2018. A request for an administrative review
therefore remains in place for 26 companies.
4 See Memorandum, ‘‘Aluminum Extrusions from
the People’s Republic of China, 2017–2018
Administrative Review: Memorandum for
Identification of Mandatory Respondent,’’ dated
December 3, 2018.
5 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Aluminum Extrusions from
the People’s Republic of China; 2017–2018,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
6 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Partial
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15587
non-business day, in accordance with
Commerce’s practice, the deadline will
become the next business day. On
March 11, 2019, we extended the
deadline for the preliminary results by
30 days.7 The revised deadline for the
preliminary results of this review is now
April 11, 2019.
Scope of the Order
The merchandise covered by the
Order is aluminum extrusions which are
shapes and forms, produced by an
extrusion process, made from aluminum
alloys having metallic elements
corresponding to the alloy series
designations published by The
Aluminum Association commencing
with the numbers 1, 3, and 6 (or
proprietary equivalents or other
certifying body equivalents).8
Imports of the subject merchandise
are provided for under the following
categories of the Harmonized Tariff
Schedule of the United States (HTSUS):
8541.90.00.00, 8708.10.30.50,
8708.99.68.90, 6603.90.8100,
7616.99.51, 8479.89.94, 8481.90.9060,
8481.90.9085, 9031.90.9195,
8424.90.9080, 9405.99.4020,
9031.90.90.95, 7616.10.90.90,
7609.00.00, 7610.10.00, 7610.90.00,
7615.10.30, 7615.10.71, 7615.10.91,
7615.19.10, 7615.19.30, 7615.19.50,
7615.19.70, 7615.19.90, 7615.20.00,
7616.99.10, 7616.99.50, 8479.89.98,
8479.90.94, 8513.90.20, 9403.10.00,
9403.20.00, 7604.21.00.00,
7604.29.10.00, 7604.29.30.10,
7604.29.30.50, 7604.29.50.30,
7604.29.50.60, 7608.20.00.30,
7608.20.00.90, 8302.10.30.00,
8302.10.60.30, 8302.10.60.60,
8302.10.60.90, 8302.20.00.00,
8302.30.30.10, 8302.30.30.60,
8302.41.30.00, 8302.41.60.15,
8302.41.60.45, 8302.41.60.50,
8302.41.60.80, 8302.42.30.10,
8302.42.30.15, 8302.42.30.65,
8302.49.60.35, 8302.49.60.45,
8302.49.60.55, 8302.49.60.85,
8302.50.00.00, 8302.60.90.00,
8305.10.00.50, 8306.30.00.00,
8414.59.60.90, 8415.90.80.45,
8418.99.80.05, 8418.99.80.50,
8418.99.80.60, 8419.90.10.00,
8422.90.06.40, 8473.30.20.00,
8473.30.51.00, 8479.90.85.00,
8486.90.00.00, 8487.90.00.80,
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
7 See Memorandum, ‘‘Aluminium Extrusions
from the People’s Republic of China: Extension of
Deadline for Preliminary Results of Antidumping
Duty Administrative Review,’’ dated March 11,
2019.
8 See Preliminary Decision Memorandum for a
complete description of the scope of the Order.
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]]>Agencies
[Federal Register Volume 84, Number 73 (Tuesday, April 16, 2019)]
[Notices]
[Pages 15585-15587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07540]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-011]
Certain Crystalline Silicon Photovoltaic Products From the
People's Republic of China: Preliminary Results of Countervailing Duty
Administrative Review, and Rescission of Review in Part; 2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers and/or exporters subject to this administrative review
received countervailable subsidies 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 16, 2019.
FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3586.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the initiation of this administrative review on
April 16, 2018.\1\ This review covers three producers/exporters: Risen
Energy Co., Ltd.; Shenzhen Sungold Solar Co., Ltd.; and Sol-Lite
Manufacturing Co., Ltd. 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.\2\ As a result, the revised deadline for these preliminary
results was extended to March 10, 2019.\3\ On March 8, 2019, we
extended the deadline for these preliminary results by 30 days to April
9, 2019.\4\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 16298 (April 16, 2018).
\2\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. As a result, all deadlines in this segment of the
proceeding have been extended by 40 days.
\3\ The March 10, 2019 deadline was a Sunday. As a result, this
deadline fell to the next business day. See Notice of Clarification:
Application of ``Next Business Day'' Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act of 1930, as
Amended, 70 FR 24533 (May 10, 2005).
\4\ See Memorandum, ``Administrative Review of the
Countervailing Duty Order on Certain Crystalline Silicon
Photovoltaic Products from the People's Republic of China, Second
Extension of Deadline for Preliminary Results,'' dated March 8,
2019. We note that this 30-day extension is from the March 10, 2019
deadline, which was a non-business day. Accordingly, the revised
deadline for these preliminary results is April 9, 2019.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order are 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. For purposes of this order, subject
merchandise includes modules, laminates and/or panels assembled in the
China consisting of crystalline silicon photovoltaic cells produced in
a customs territory other than China. For a complete description of the
scope of this administrative review, see the Preliminary Decision
Memorandum.\5\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results in the Countervailing Duty Administrative Review of Certain
Crystalline Silicon Photovoltaic Products from the People's Republic
of China; 2017,'' dated concurrently with and hereby adopted by this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs found to be countervailable,
Commerce preliminarily finds that there is a subsidy (i.e., a financial
contribution from an authority that gives rise to a benefit to the
recipient) and that the subsidy is specific.\6\ Commerce notes that, in
making these findings, we relied on total facts available and, because
we find that the mandatory respondents did not act to the best of their
ability to respond to Commerce's request for information, Commerce drew
an adverse inference in selecting from the facts otherwise
available.\7\ For further information, see ``Use of Facts Otherwise
Available and Application of Adverse Inferences,'' in the accompanying
Preliminary Decision Memorandum. A list of topics discussed in the
Preliminary Decision Memorandum is provided at Appendix I to this
notice.
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\6\ See section 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.
\7\ See sections 776(a) and (b) of the Act.
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The Preliminary Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov and
to all parties in the Central Records Unit, room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Preliminary Decision
Memorandum and the electronic version of the Preliminary Decision
Memorandum are identical in content.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation of the requested review. This
review was initiated on April 16, 2018. On July 16, 2018, Shenzhen
Letsolar Technology Co., Ltd. (Letsolar) timely withdrew its request
for review of its own entries.\8\ As no other party requested an
administrative review of Letsolar, we are rescinding this review with
respect to Letsolar, in accordance with 19 CFR 351.213(d)(1).
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\8\ See Letter from Letsolar, ``Letsolar Withdrawal of Review
Request for Administrative Review of the Countervailing Duty Order
on Crystalline Silicon Photovoltaic Products from the People's
Republic of China,'' dated July 16, 2018.
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Further, we received timely filed certifications of no shipments
from Shanghai JA Solar Technology Co., Ltd. and Hefei JA Solar
Technology Co., Ltd. (collectively, JA Solar).\9\ To confirm JA Solar's
statement, we issued a no-shipment inquiry to U.S. Customs and Border
Protection (CBP) with respect to
[[Page 15586]]
imports of subject merchandise from JA Solar during the POR.\10\ On
April 4, 2019, CBP responded to our no-shipment inquiry regarding JA
Solar stating that it found no shipments of solar products from China
that were produced and/or exported by JA Solar during the POR.\11\ As
there is no evidence on the record that JA Solar made entries of
subject merchandise into the United States during the POR, we are
rescinding this review with respect to JA Solar, in accordance with 19
CFR 351.213(d)(3).
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\9\ See Letter from JA Solar, ``Certain Crystalline Silicon
Photovoltaic Products from the People's Republic of China: No
Shipment Certification of Shanghai JA Solar Technology Co., Ltd. and
Hefei JA Solar Technology Co., Ltd.,'' dated May 16, 2018.
\10\ See CBP Message No. 9093304, dated April 3, 2019.
\11\ See Memorandum, ``No shipment inquiry with respect to the
companies below during the period 01/01/2017 through 12/31/2017,''
dated April 4, 2019.
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Preliminary Rate for Non-Selected Companies Under Review
The statute and Commerce's regulations do not directly address the
establishment of rates to be applied to companies not selected for
individual examination where Commerce limits its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
Commerce normally determines the rates for non-selected companies in
reviews in a manner that is consistent with section 705(c)(5) of the
Act, which provides instructions for calculating the all-others rate in
an investigation. Section 705(c)(5)(A)(ii) of the Act provides that, if
the countervailable subsidy rates established for all individually-
examined exporters/producers are de minimis or based entirely on
adverse facts available under section 776 of the Act, Commerce may use
any reasonable method to establish a subsidy rate for exporters/
producers that were not individually-examined, including averaging the
weighted-average countervailable subsidy rates determined for the
individually-examined exporters and producers.
In this review, the countervailable subsidy rates calculated for
the three mandatory respondents are based entirely on facts available
pursuant to section 776 of the Act. Accordingly, we are using ``any
reasonable method'' to establish the subsidy rate for the non-selected
companies under review. We find that it is reasonable to rely on the
rates established for the mandatory respondents as the rate for the
non-selected companies under review, particularly because there is no
other information on the record that can be used to determine the rate
for the non-selected companies. This method is consistent with our past
practice.\12\ A list of these non-selected companies can be found at
Appendix II of this notice.
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\12\ See, e.g. Circular Welded Carbon-Quality Steel Pipe from
Pakistan: Preliminary Affirmative Countervailing Duty Determination
and Alignment of Final Countervailing Duty Determination with Final
Antidumping Duty Determination, 81 FR 20619 (April 8, 2016),
unchanged in Circular Welded Carbon-Quality Steel Pipe from
Pakistan: Final Affirmative Countervailing Duty Determination, 81 FR
75045 (October 28, 2016) (assigning the sole mandatory respondent's
rate, which was based on adverse facts available, as the all-others
rate), and Circular Welded Carbon-Quality Steel Pipe from India:
Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Countervailing Duty Determination with Final
Antidumping Duty Determination, 77 FR 19192 (March 30, 2012),
unchanged in Circular Welded Carbon-Quality Steel Pipe from India:
Final Affirmative Countervailing Duty Determination, 77 FR 64468
(October 22, 2012) (assigning the average of the mandatory
respondents' rates, which were based solely on adverse facts
available, as the all-others rate).
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Preliminary Results of Review
We preliminarily determine the net countervailable subsidy rates
for the period January 1, 2017, through December 31, 2017, are as
follows:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Risen Energy Co., Ltd....................................... 94.83
Shenzhen Sungold Solar Co., Ltd............................. 94.83
Sol-Lite Manufacturing Co., Ltd............................. 94.83
Non-Selected Companies Under Review \13\.................... 94.83
------------------------------------------------------------------------
Assessment and Cash Deposit Requirement
In accordance with 19 CFR 351.221(b)(4)(i), we assigned a subsidy
rate for each producer/exporter subject to this administrative review.
Upon issuance of the final results, Commerce shall determine, and CBP
shall assess, countervailing duties on all appropriate entries covered
by this review. We intend to issue instructions to CBP 15 days after
the publication of the final results of this review. For companies for
which this review is rescinded, Commerce will instruct CBP to assess
countervailing duties on all appropriate entries at a rate equal to the
cash deposit of estimated countervailing duties required at the time of
entry, or withdrawal from warehouse, for consumption, during the period
January 1, 2017, through December 31, 2017, in accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to issue appropriate assessment
instructions directly to CBP 15 days after publication of this notice.
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\13\ See Appendix II.
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Pursuant to section 751(a)(2)(C) of the Act, Commerce also intends
to instruct CBP to collect cash deposits of estimated countervailing
duties, in the amounts shown above for each of the respective companies
shown above, on shipments of subject merchandise entered, or withdrawn
from warehouse, for consumption, on or after the date of publication of
the final results of review. For all non-reviewed firms, we will
instruct CBP to continue to collect cash deposits at the most-recent
company-specific or all-others rate applicable to the company, as
appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
Because Commerce had reached its conclusions on the basis of
adverse facts available, the calculations performed in connection with
these preliminary results are based on public information and are
described in the Preliminary Decision Memorandum. Interested parties
may submit case and rebuttal briefs, as well as request a hearing.\14\
For a schedule of the deadlines for filing case briefs, rebuttal
briefs, and for requesting a hearing, see the Preliminary Decision
Memorandum.
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\14\ See 19 CFR 351.309(c)-(d), and 19 CFR 351.310(c); see also
19 CFR 351.303 (for general filing requirements).
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Notification to Interested Parties
Commerce is issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 351.221(b)(4).
Dated: April 8, 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.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Rescission of Administrative Review, In Part
IV. Scope of the Order
V. Application of the Countervailing Duty Law to Imports From China
VI. Use of Fact Otherwise Available and Application of Adverse
Inferences
Application of Total Adverse Facts Available
Calculation of the AFA Rates for the Mandatory Respondents
Corroboration of AFA Rates
VII. Subsidy Rate for Non-Selected Companies Under Review
VIII. Disclosure and Public Comment
IX. Conclusion
Appendix I--AFA Rate Calculation
Appendix II--Non-Selected Companies Under Review
[[Page 15587]]
Appendix II--Non-Selected Companies Under Review
1. Changzhou Trina Solar Energy Co., Ltd.
2. Chint Solar (Zhejiang) Co., Ltd.
3. Hefei JA Solar Technology Co., Ltd.
4. Ri Shen Products (SZ) Ltd.
5. Shanghai JA Solar Technology Co., Ltd.
6. Sunny Apex Development Limited
7. Trina Solar (Changzhou) Science & Technology Co., Ltd.
[FR Doc. 2019-07540 Filed 4-15-19; 8:45 am]
BILLING CODE 3510-DS-P
