Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2016-2017, 36886-36889 [2019-16159]
Download as PDF
<![CDATA[
36886
Federal Register / Vol. 84, No. 146 / Tuesday, July 30, 2019 / Notices
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–45–2019]
jspears on DSK3GMQ082PROD with NOTICES
Foreign-Trade Zone (FTZ) 38—
Spartanburg County, South Carolina;
Notification of Proposed Production
Activity; ZF Chassis Systems Duncan,
LLC, (Automotive Suspension
Systems), Duncan, South Carolina
ZF Chassis Systems Duncan, LLC (ZF
Chassis) submitted a notification of
proposed production activity to the FTZ
Board for its facility in Duncan, South
Carolina. The notification conforming to
the requirements of the regulations of
the FTZ Board (15 CFR 400.22) was
received on July 23, 2019.
ZF Chassis already has authority to
produce automotive suspension systems
within FTZ 38. The current request
would add foreign status materials/
components to the scope of authority.
Pursuant to 15 CFR 400.14(b),
additional FTZ authority would be
limited to the specific foreign-status
materials/components described in the
submitted notification (as described
below) and subsequently authorized by
the FTZ Board.
Production under FTZ procedures
could exempt ZF Chassis from customs
duty payments on the foreign-status
materials/components used in export
production. On its domestic sales, for
the foreign-status materials/components
noted below, ZF Chassis would be able
to choose the duty rates during customs
entry procedures that apply to
automotive suspension systems (2.5%).
ZF Chassis would be able to avoid duty
on foreign-status components which
become scrap/waste. Customs duties
also could possibly be deferred or
reduced on foreign-status production
equipment.
The materials/components sourced
from abroad include: Plastic fittings for
tubes, pipes, and hoses; plastic
mounting clips; paper and paperboard
labels; iron or steel self-tapping screws;
steel threaded nuts; steel non-threaded
clips; copper non-threaded screws and
bolts; copper threaded nuts and plugs;
vacuum pipes; steel check valves; wheel
speed sensors/ABS sensors; insulated
wiring sets; plastic cable trays; steel
front axle carriers; drive axles with
differentials; steering boxes; steering
columns; steering gears; steering wheels;
angle joint assemblies for front axles;
and, level sensors (duty rate ranges from
duty-free to 8.6%). The request
indicates that certain materials/
components are subject to special duties
under Section 301 of the Trade Act of
1974 (Section 301), depending on the
VerDate Sep<11>2014
16:42 Jul 29, 2019
Jkt 247001
country of origin. The applicable
Section 301 decisions require subject
merchandise to be admitted to FTZs in
privileged foreign status (19 CFR
146.41).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is
September 9, 2019.
A copy of the notification will be
available for public inspection in the
‘‘Reading Room’’ section of the Board’s
website, which is accessible via
www.trade.gov/ftz.
For further information, contact
Juanita Chen at juanita.chen@trade.gov
or 202–482–1378.
Dated: July 24, 2019.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2019–16158 Filed 7–29–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–979]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Final Results of Antidumping
Duty Administrative Review and Final
Determination of No Shipments; 2016–
2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) continues to find that
manufacturers/exporters of crystalline
silicon photovoltaic cells, whether or
not assembled into modules (solar
cells), from the People’s Republic of
China (China) sold solar cells at less
than normal value during the period of
review (POR) December 1, 2016 through
November 30, 2017.
DATES: Applicable July 30, 2019.
FOR FURTHER INFORMATION CONTACT: Jeff
Pedersen and Krisha Hill, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2769 and (202) 482–4037,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 28, 2018, Commerce
published in the Federal Register the
preliminary results of the 2016–2017
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
administrative review of the
antidumping duty order on solar cells
from the China.1 For events subsequent
to the Preliminary Results, see
Commerce’s Issues and Decision
Memorandum.2 The final weightedaverage dumping margins are listed
below in the ‘‘Final Results of Review’’
section of this notice.
On January 28, 2019, Commerce
exercised its discretion to toll all
deadlines affected by the closure of the
Federal Government from December 22,
2018 through January 27, 2019.3
Subsequently, Commerce extended the
deadline for the final results of this
review until July 24, 2019.4
Scope of the Order
The merchandise covered by this
order is crystalline silicon photovoltaic
cells, and modules, laminates, and
panels, consisting of crystalline silicon
photovoltaic cells, whether or not
partially or fully assembled into other
products, including, but not limited to,
modules, laminates, panels and building
integrated materials.5 Merchandise
covered by this order is currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under subheadings 8501.61.0000,
8507.20.80, 8541.40.6015, 8541.40.6020,
8541.40.6025, 8541.40.6030,
8541.40.6035, 8541.40.6045, and
8501.31.8000. Although these HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive.
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2016–
2017, 83 FR 67222 (December 28, 2018)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2016–
2017 Antidumping Duty Administrative Review of
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules, from the People’s
Republic of China’’ (Issues and Decision
Memorandum), dated concurrently with, and
hereby adopted by, this notice.
3 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
4 See Memoranda, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review,’’ dated May 23, 2019; and ‘‘Second
Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,’’ dated
July 11, 2019.
5 For a complete description of the scope of the
order, see Issues and Decision Memorandum.
E:\FR\FM\30JYN1.SGM
30JYN1
Federal Register / Vol. 84, No. 146 / Tuesday, July 30, 2019 / Notices
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum. A list of the
issues that parties raised, and to which
we responded in the Issues and
Decision Memorandum, follows as an
appendix to this notice. The Issues and
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 Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/. The paper
copy and electronic version of the Issues
and Decision Memorandum are
identical in content.
jspears on DSK3GMQ082PROD with NOTICES
Affiliation and Single Entity
Determination
We preliminarily found that Chint
Energy (Haining) Co., Ltd.; Chint Solar
(Jiuquan) Co., Ltd.; and Chint Solar
(Hong Kong) Company Limited are
affiliated with Chint Solar (Zhejiang)
Co., Ltd. (CSZ) (collectively, Chint
Solar), pursuant to section 771(33)(E) of
the Tariff Act of 1930, as amended (the
Act), and that all of these companies
should be treated as a single entity,
pursuant to 19 CFR 351.401(f)(1)–(2).
We also found that Risen (Wuhai) New
Energy Co., Ltd.; Zhejiang Twinsel
Electronic Technology Co., Ltd.; Risen
(Luoyang) New Energy Co., Ltd.; Jiujiang
Shengchao Xinye Technology Co., Ltd.;
Jiujiang Shengzhao Xinye Trade Co.,
Ltd. Ruichang Branch; and Risen Energy
(Hong Kong) Co., Ltd. are affiliated with
Risen Energy Co., Ltd. (Risen Energy)
(collectively, Risen), pursuant to
sections 771(33)(E) and (F) of the Act,
and all of these companies should be
treated as a single entity, pursuant to 19
CFR 351.401(f)(1)–(2). No interested
party commented on these treatments,
and these findings remain unchanged
for these final results.
Changes Since the Preliminary
Results
Based on a review of the record and
comments received from interested
VerDate Sep<11>2014
16:42 Jul 29, 2019
Jkt 247001
parties regarding our Preliminary
Results, and for the reasons explained in
the Issues and Decision Memorandum,
we made revisions to our preliminary
calculations of the weighted-average
dumping margin for the mandatory
respondents, Chint Solar and Risen,
which also resulted in a revision of the
dumping margin for the separate rate
respondents.
In the Preliminary Results, we
inadvertently stated that Lightway
Green New Energy Co., Ltd. (Lightway)
failed to file a separate rate certification.
However, Lightway did timely file a
separate rate certification on March 26,
2018.6 Lightway’s separate rate
certification was complete and we noted
no deficiencies. Further, the evidence
placed on the record of this
administrative review by this Chineseowned company demonstrates an
absence of de jure and de facto
government control under the criteria
identified in Sparklers 7 and Silicon
Carbide.8 Accordingly, Commerce has
determined that Lightway is eligible for
a separate rate.
Final Determination of No Shipments
In the Preliminary Results, we
preliminarily found that the following
companies had no shipments during the
POR: Anji DaSol Solar Energy Science &
Technology Co., Ltd.; BYD (Shangluo)
Industrial Co., Ltd.; Jiawei Solarchina
Co., Ltd.; LERRI Solar Technology Co.,
Ltd.; Ningbo ETDZ Holdings, Ltd.;
Sunpreme Solar Technology (Jiaxing)
Co., Ltd.; Toenergy Technology
Hangzhou Co., Ltd.; Wuxi Suntech
Power Co., Ltd/Luoyang Suntech Power
Co., Ltd.; and Zhejiang ERA Solar
Technology Co., Ltd. Other than a
comment regarding no shipments
submitted by LONGi Solar Technology
Co. Ltd. (LONGi), we did not receive
any comments from interested parties
regarding our preliminary finding of no
shipments from the above companies.
Based on LONGi’s comment, and in the
absence of record evidence
demonstrating otherwise, we are now
6 See Lightway’s March 26, 2018 Separate Rate
Certification.
7 See Final Determination of Sales at Less Than
Fair Value: Sparklers from the People’s Republic of
China, 56 FR 20588 (May 6, 1991) (Sparklers).
8 See Notice of Final Determination of Sales at
Less Than Fair Value: Silicon Carbide from the
People’s Republic of China, 59 FR 22585 (May 2,
1994) (Silicon Carbide).
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
36887
determining that LONGi also had no
shipments during the POR.
Consistent with Commerce’s
assessment practice in non-market
economy cases, we completed the
review with respect to the above-named
companies. Based on the certifications
submitted by the aforementioned
companies, and our analysis of U.S.
Customs and Border Protection (CBP)
information, we continue to determine
that these companies did not have any
reviewable transactions during the POR.
As noted in the ‘‘Assessment’’ section
below, we will issue appropriate
instructions with respect to these
companies to CBP based on our final
results.9 In addition, these companies
will maintain their rate from the most
recent segment in which they
participated.
Separate Rates
In the Preliminary Results, we found
that evidence provided by Chint Solar,
Risen, and 20 other companies/
company groups supported finding an
absence of both de jure and de facto
government control, and, therefore, we
preliminarily granted a separate rate to
each of these companies/company
groups. We received no comments since
the issuance of the Preliminary Results
regarding our determination that these
22 companies/company groups are
eligible for a separate rate. As explained
above, in addition to these 22
companies, we have also granted a
separate rate to Lightway. Therefore, for
the final results, we find that 23 entities
are eligible for separate rates. Commerce
assigned a dumping margin to the
separate rate companies that it did not
individually examine, but which
demonstrated their eligibility for a
separate rate, based on the mandatory
respondents’ dumping margins.10
Final Results of Review
We determine that the following
weighted-average dumping margins
exist for the period December 1, 2016
through November 30, 2017:
9 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (Assessment of
Antidumping Duties); see also the ‘‘Assessment’’
section of this notice, below.
10 See Memorandum ‘‘Calculation of the Final
Dumping Margin for Separate Rate Recipients,’’
dated concurrently with this notice.
E:\FR\FM\30JYN1.SGM
30JYN1
36888
Federal Register / Vol. 84, No. 146 / Tuesday, July 30, 2019 / Notices
Weightedaverage
dumping
margin
(percent)
Exporter
Chint Solar (Zhejiang) Co., Ltd./Chint Energy (Haining) Co., Ltd./Chint Solar (Jiuquan) Co., Ltd./Chint Solar (Hong Kong) Company
Limited ....................................................................................................................................................................................................
Risen Energy Co. Ltd./Risen (Wuhai) New Energy Co., Ltd./Zhejiang Twinsel Electronic Technology Co., Ltd./Risen (Luoyang) New
Energy Co., Ltd./Jiujiang Shengchao Xinye Technology Co., Ltd./Jiujiang Shengzhao Xinye Trade Co., Ltd. Ruichang Branch/
RISEN ENERGY (HONGKONG) CO., LTD ..........................................................................................................................................
Canadian Solar International Limited/Canadian Solar Manufacturing (Changshu), Inc./Canadian Solar Manufacturing (Luoyang)Inc./
CSI Cells Co., Ltd./CSI–GCL Solar Manufacturing (YanCheng) Co., Ltd./CSI Solar Power (China) Inc .............................................
ET Solar Energy Limited ...........................................................................................................................................................................
Hengdian Group DMEGC Magnetics Co., Ltd ..........................................................................................................................................
JA Solar Technology Yangzhou Co., Ltd ..................................................................................................................................................
Jiangsu High Hope Int’l Group ..................................................................................................................................................................
Jiawei Solarchina (Shenzhen) Co., Ltd .....................................................................................................................................................
JingAo Solar Co., Ltd ................................................................................................................................................................................
Jinko Solar Import and Export Co., Ltd .....................................................................................................................................................
Lightway Green New Energy Co., Ltd .......................................................................................................................................................
Nice Sun PV Co., Ltd ................................................................................................................................................................................
Ningbo Qixin Solar Electrical Appliance Co., Ltd ......................................................................................................................................
Shanghai BYD Co., Ltd .............................................................................................................................................................................
Shanghai JA Solar Technology Co., Ltd ...................................................................................................................................................
Shenzhen Sungold Solar Co., Ltd .............................................................................................................................................................
Shenzhen Topray Solar Co., Ltd ...............................................................................................................................................................
Sumec Hardware & Tools Co., Ltd ...........................................................................................................................................................
Taizhou BD Trade Co., Ltd .......................................................................................................................................................................
Wuxi Tianran Photovoltaic Co., Ltd ...........................................................................................................................................................
Xiamen Eco-sources Technology Co., Ltd ................................................................................................................................................
Yingli Energy (China) Company Limited/Baoding Tianwei Yingli New Energy Resources Co., Ltd./Tianjin Yingli New Energy Resources Co., Ltd./Hengshui Yingli New Energy Resources Co., Ltd./Lixian Yingli New Energy Resources Co., Ltd./Baoding
Jiasheng Photovoltaic Technology Co., Ltd./Beijing Tianneng Yingli New Energy Resources Co., Ltd./Hainan Yingli New Energy
Resources Co., Ltd./Shenzhen Yingli New Energy Resources Co., Ltd ...............................................................................................
Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company ..............................................................................
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.11 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity, and we
did not self-initiate a review of the
entity, the entity is not under review,
and the entity’s dumping margin (i.e.,
238.95 percent) is not subject to change
as a result of this review.12
jspears on DSK3GMQ082PROD with NOTICES
Assessment
We will determine, and CBP shall
assess, antidumping duties on all
appropriate entries covered by this
review. We intend to issue assessment
instructions to CBP 15 days after the
publication date of these final results of
review. In accordance with 19 CFR
11 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65969–70 (November 4, 2013).
12 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2015–2016,
83 FR 35616 (July 27, 2018).
VerDate Sep<11>2014
16:42 Jul 29, 2019
Jkt 247001
351.212(b)(1), we are calculating
importer- or customer-specific
assessment rates for the merchandise
subject to this review. For any
individually examined respondent
whose weighted-average dumping
margin is above de minimis (i.e., 0.50
percent), we will calculate importer- or
customer-specific assessment rates for
merchandise subject to this review.
Where the respondent reported reliable
entered values, we calculated importeror customer-specific ad valorem rates by
aggregating the dumping margins
calculated for all U.S. sales to the
importer or customer and dividing this
amount by the total entered value of the
sales to the importer or customer.13
Where we calculated an importer- or
customer-specific weighted-average
dumping margin by dividing the total
amount of dumping for reviewed sales
to the importer or customer by the total
sales quantity associated with those
transactions, we will direct CBP to
assess importer- or customer-specific
assessment rates based on the resulting
per-unit rates.14 Where an importer- or
customer- specific ad valorem or perunit rate is greater than de minimis, we
will instruct CBP to collect the
PO 00000
13 See
19 CFR 351.212(b)(1).
14 Id.
Frm 00005
Fmt 4703
Sfmt 4703
2.67
4.79
4.06
4.06
4.06
4.06
4.06
4.06
4.06
4.06
4.06
4.06
4.06
4.06
4.06
4.06
4.06
4.06
4.06
4.06
4.06
4.06
4.06
appropriate duties at the time of
liquidation. Where either the
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer or customer-specific ad
valorem or per-unit rate is zero or de
minimis, we will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.15
For merchandise whose sale/entry
was not reported in the U.S. sales
database submitted by an exporter
individually examined during this
review, but that entered under the case
number of that exporter (i.e., at the
individually-examined exporter’s cash
deposit rate), we will instruct CBP to
liquidate such entries at the China-wide
rate. Additionally, if we determine that
an exporter under review had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number will
be liquidated at the China-wide rate.16
15 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012).
16 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
E:\FR\FM\30JYN1.SGM
30JYN1
Federal Register / Vol. 84, No. 146 / Tuesday, July 30, 2019 / Notices
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of this notice in the
Federal Register, as provided by section
751(a)(2)(C) of the Act: (1) For the
exporters listed in the table in the
‘‘Final Results of Review’’ section
above, the cash deposit rate will be the
rate listed for each exporter in the table,
except if the rate is zero or de minimis
(i.e., less than 0.5 percent), then the cash
deposit rate will be zero; (2) for
previously investigated Chinese and
non-Chinese exporters that received a
separate rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific rate; (3) for all Chinese
exporters of subject merchandise that
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the rate previously established for the
China-wide entity (i.e., 238.95
percent); 17 and (4) for all non-China
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the Chinese exporter that
supplied the non-Chinese exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Disclosure
We intend to disclose the calculations
performed for these final results within
five days of publication of this notice in
the Federal Register in accordance with
19 CFR 351.224(b).
jspears on DSK3GMQ082PROD with NOTICES
Notification to Importers
This notice also serves as a reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. 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.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
17 See
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2012–2013,
80 FR 40998 (July 14, 2015).
VerDate Sep<11>2014
16:42 Jul 29, 2019
Jkt 247001
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return or destruction of APO
materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: July 24, 2019.
Jeffrey I. Kessler
Assistant Secretary for Enforcement and
Compliance.
Appendix
Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1. Unreported Factors of
Production for Purchased Solar Cells and
Modules
Comment 2. Export Buyer’s Credit Program
Comment 3. Weights of Chint Solar Inputs
Comment 4. Ministerial Error—Chint Solar
Comment 5. Treatment of Warranties
Provided by Chint Solar
Comment 6. Treatment of Reported Data by
Risen’s Cooperative Unaffiliated
Suppliers
Comment 7. Treatment of LERRI/LONGi
Comment 8. Surrogate Value for
Aluminum Frames—I
Comment 9. Surrogate Value for
Aluminum Frames—II
Comment 10. Surrogate Value for Silver
Paste
Comment 11. Surrogate Value for Welding
Wire
Comment 12. Surrogate Value for
Backsheet
Comment 13. Surrogate Value for Nitrogen
Comment 14. Selection of Surrogate
Financial Statements
Comment 15. Selection of Surrogate Labor
Data Source
Comment 16. Surrogate Value for Ocean
Freight
V. Recommendation
[FR Doc. 2019–16159 Filed 7–29–19; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
36889
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Institute of
Standards and Technology (NIST).
Title: NIST Associates Information
System (NAIS).
OMB Control Number: 0693–0067.
Form Number(s): None.
Type of Request: Revision and
extension of a current information
collection.
Number of Respondents: 4,000.
Average Hours per Response: 30
minutes.
Burden Hours: 2,000.
Needs and Uses: NIST Associates
(NA) will include guest researchers,
research associates, contractors, and
other non-NIST employees that require
access to the NIST campuses or
resources. The NIST Associates
Information System (NAIS) information
collection instruments(s) are completed
by incoming NAs. They are asked to
provide personal identifying data
including home address, date and place
of birth, employer name and address,
and basic security information. The data
provided by the collection instruments
is input into NAIS which automatically
populates the appropriate forms and is
routed through the approval process.
NIST’s Office of Security receives
security forms through the NAIS process
and allows preliminary access to NIST
for NAs. The data collected is the basis
for further security investigations as
necessary.
Affected Public: Individuals or
households.
Frequency: Once.
Respondent’s Obligation: Required to
obtain or retain benefits.
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
E:\FR\FM\30JYN1.SGM
30JYN1
]]>Agencies
[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Notices]
[Pages 36886-36889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16159]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-979]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) continues to find that
manufacturers/exporters of crystalline silicon photovoltaic cells,
whether or not assembled into modules (solar cells), from the People's
Republic of China (China) sold solar cells at less than normal value
during the period of review (POR) December 1, 2016 through November 30,
2017.
DATES: Applicable July 30, 2019.
FOR FURTHER INFORMATION CONTACT: Jeff Pedersen and Krisha Hill, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2769 and (202) 482-4037,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 28, 2018, Commerce published in the Federal Register
the preliminary results of the 2016-2017 administrative review of the
antidumping duty order on solar cells from the China.\1\ For events
subsequent to the Preliminary Results, see Commerce's Issues and
Decision Memorandum.\2\ The final weighted-average dumping margins are
listed below in the ``Final Results of Review'' section of this notice.
---------------------------------------------------------------------------
\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2016-2017, 83 FR 67222
(December 28, 2018) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2016-2017 Antidumping Duty Administrative
Review of Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People's Republic of China''
(Issues and Decision Memorandum), dated concurrently with, and
hereby adopted by, this notice.
---------------------------------------------------------------------------
On January 28, 2019, Commerce exercised its discretion to toll all
deadlines affected by the closure of the Federal Government from
December 22, 2018 through January 27, 2019.\3\ Subsequently, Commerce
extended the deadline for the final results of this review until July
24, 2019.\4\
---------------------------------------------------------------------------
\3\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\4\ See Memoranda, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated May 23, 2019; and
``Second Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' dated July 11, 2019.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order is crystalline silicon
photovoltaic cells, and modules, laminates, and panels, consisting of
crystalline silicon photovoltaic cells, whether or not partially or
fully assembled into other products, including, but not limited to,
modules, laminates, panels and building integrated materials.\5\
Merchandise covered by this order is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 8501.61.0000, 8507.20.80, 8541.40.6015, 8541.40.6020,
8541.40.6025, 8541.40.6030, 8541.40.6035, 8541.40.6045, and
8501.31.8000. Although these HTSUS subheadings are provided for
convenience and customs purposes, the written description of the scope
of this order is dispositive.
---------------------------------------------------------------------------
\5\ For a complete description of the scope of the order, see
Issues and Decision Memorandum.
---------------------------------------------------------------------------
[[Page 36887]]
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum. A
list of the issues that parties raised, and to which we responded in
the Issues and Decision Memorandum, follows as an appendix to this
notice. The Issues and 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
Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the internet at https://enforcement.trade.gov/frn/. The paper copy and electronic version of
the Issues and Decision Memorandum are identical in content.
Affiliation and Single Entity Determination
We preliminarily found that Chint Energy (Haining) Co., Ltd.; Chint
Solar (Jiuquan) Co., Ltd.; and Chint Solar (Hong Kong) Company Limited
are affiliated with Chint Solar (Zhejiang) Co., Ltd. (CSZ)
(collectively, Chint Solar), pursuant to section 771(33)(E) of the
Tariff Act of 1930, as amended (the Act), and that all of these
companies should be treated as a single entity, pursuant to 19 CFR
351.401(f)(1)-(2). We also found that Risen (Wuhai) New Energy Co.,
Ltd.; Zhejiang Twinsel Electronic Technology Co., Ltd.; Risen (Luoyang)
New Energy Co., Ltd.; Jiujiang Shengchao Xinye Technology Co., Ltd.;
Jiujiang Shengzhao Xinye Trade Co., Ltd. Ruichang Branch; and Risen
Energy (Hong Kong) Co., Ltd. are affiliated with Risen Energy Co., Ltd.
(Risen Energy) (collectively, Risen), pursuant to sections 771(33)(E)
and (F) of the Act, and all of these companies should be treated as a
single entity, pursuant to 19 CFR 351.401(f)(1)-(2). No interested
party commented on these treatments, and these findings remain
unchanged for these final results.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
revisions to our preliminary calculations of the weighted-average
dumping margin for the mandatory respondents, Chint Solar and Risen,
which also resulted in a revision of the dumping margin for the
separate rate respondents.
In the Preliminary Results, we inadvertently stated that Lightway
Green New Energy Co., Ltd. (Lightway) failed to file a separate rate
certification. However, Lightway did timely file a separate rate
certification on March 26, 2018.\6\ Lightway's separate rate
certification was complete and we noted no deficiencies. Further, the
evidence placed on the record of this administrative review by this
Chinese-owned company demonstrates an absence of de jure and de facto
government control under the criteria identified in Sparklers \7\ and
Silicon Carbide.\8\ Accordingly, Commerce has determined that Lightway
is eligible for a separate rate.
---------------------------------------------------------------------------
\6\ See Lightway's March 26, 2018 Separate Rate Certification.
\7\ See Final Determination of Sales at Less Than Fair Value:
Sparklers from the People's Republic of China, 56 FR 20588 (May 6,
1991) (Sparklers).
\8\ See Notice of Final Determination of Sales at Less Than Fair
Value: Silicon Carbide from the People's Republic of China, 59 FR
22585 (May 2, 1994) (Silicon Carbide).
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, we preliminarily found that the
following companies had no shipments during the POR: Anji DaSol Solar
Energy Science & Technology Co., Ltd.; BYD (Shangluo) Industrial Co.,
Ltd.; Jiawei Solarchina Co., Ltd.; LERRI Solar Technology Co., Ltd.;
Ningbo ETDZ Holdings, Ltd.; Sunpreme Solar Technology (Jiaxing) Co.,
Ltd.; Toenergy Technology Hangzhou Co., Ltd.; Wuxi Suntech Power Co.,
Ltd/Luoyang Suntech Power Co., Ltd.; and Zhejiang ERA Solar Technology
Co., Ltd. Other than a comment regarding no shipments submitted by
LONGi Solar Technology Co. Ltd. (LONGi), we did not receive any
comments from interested parties regarding our preliminary finding of
no shipments from the above companies. Based on LONGi's comment, and in
the absence of record evidence demonstrating otherwise, we are now
determining that LONGi also had no shipments during the POR.
Consistent with Commerce's assessment practice in non-market
economy cases, we completed the review with respect to the above-named
companies. Based on the certifications submitted by the aforementioned
companies, and our analysis of U.S. Customs and Border Protection (CBP)
information, we continue to determine that these companies did not have
any reviewable transactions during the POR. As noted in the
``Assessment'' section below, we will issue appropriate instructions
with respect to these companies to CBP based on our final results.\9\
In addition, these companies will maintain their rate from the most
recent segment in which they participated.
---------------------------------------------------------------------------
\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment of
Antidumping Duties); see also the ``Assessment'' section of this
notice, below.
---------------------------------------------------------------------------
Separate Rates
In the Preliminary Results, we found that evidence provided by
Chint Solar, Risen, and 20 other companies/company groups supported
finding an absence of both de jure and de facto government control,
and, therefore, we preliminarily granted a separate rate to each of
these companies/company groups. We received no comments since the
issuance of the Preliminary Results regarding our determination that
these 22 companies/company groups are eligible for a separate rate. As
explained above, in addition to these 22 companies, we have also
granted a separate rate to Lightway. Therefore, for the final results,
we find that 23 entities are eligible for separate rates. Commerce
assigned a dumping margin to the separate rate companies that it did
not individually examine, but which demonstrated their eligibility for
a separate rate, based on the mandatory respondents' dumping
margins.\10\
---------------------------------------------------------------------------
\10\ See Memorandum ``Calculation of the Final Dumping Margin
for Separate Rate Recipients,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Final Results of Review
We determine that the following weighted-average dumping margins
exist for the period December 1, 2016 through November 30, 2017:
[[Page 36888]]
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Chint Solar (Zhejiang) Co., Ltd./Chint Energy (Haining) Co., 2.67
Ltd./Chint Solar (Jiuquan) Co., Ltd./Chint Solar (Hong
Kong) Company Limited......................................
Risen Energy Co. Ltd./Risen (Wuhai) New Energy Co., Ltd./ 4.79
Zhejiang Twinsel Electronic Technology Co., Ltd./Risen
(Luoyang) New Energy Co., Ltd./Jiujiang Shengchao Xinye
Technology Co., Ltd./Jiujiang Shengzhao Xinye Trade Co.,
Ltd. Ruichang Branch/RISEN ENERGY (HONGKONG) CO., LTD......
Canadian Solar International Limited/Canadian Solar 4.06
Manufacturing (Changshu), Inc./Canadian Solar Manufacturing
(Luoyang)Inc./CSI Cells Co., Ltd./CSI-GCL Solar
Manufacturing (YanCheng) Co., Ltd./CSI Solar Power (China)
Inc........................................................
ET Solar Energy Limited..................................... 4.06
Hengdian Group DMEGC Magnetics Co., Ltd..................... 4.06
JA Solar Technology Yangzhou Co., Ltd....................... 4.06
Jiangsu High Hope Int'l Group............................... 4.06
Jiawei Solarchina (Shenzhen) Co., Ltd....................... 4.06
JingAo Solar Co., Ltd....................................... 4.06
Jinko Solar Import and Export Co., Ltd...................... 4.06
Lightway Green New Energy Co., Ltd.......................... 4.06
Nice Sun PV Co., Ltd........................................ 4.06
Ningbo Qixin Solar Electrical Appliance Co., Ltd............ 4.06
Shanghai BYD Co., Ltd....................................... 4.06
Shanghai JA Solar Technology Co., Ltd....................... 4.06
Shenzhen Sungold Solar Co., Ltd............................. 4.06
Shenzhen Topray Solar Co., Ltd.............................. 4.06
Sumec Hardware & Tools Co., Ltd............................. 4.06
Taizhou BD Trade Co., Ltd................................... 4.06
Wuxi Tianran Photovoltaic Co., Ltd.......................... 4.06
Xiamen Eco-sources Technology Co., Ltd...................... 4.06
Yingli Energy (China) Company Limited/Baoding Tianwei Yingli 4.06
New Energy Resources Co., Ltd./Tianjin Yingli New Energy
Resources Co., Ltd./Hengshui Yingli New Energy Resources
Co., Ltd./Lixian Yingli New Energy Resources Co., Ltd./
Baoding Jiasheng Photovoltaic Technology Co., Ltd./Beijing
Tianneng Yingli New Energy Resources Co., Ltd./Hainan
Yingli New Energy Resources Co., Ltd./Shenzhen Yingli New
Energy Resources Co., Ltd..................................
Zhejiang Sunflower Light Energy Science & Technology Limited 4.06
Liability Company..........................................
------------------------------------------------------------------------
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\11\ Under this policy,
the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the China-wide entity,
and we did not self-initiate a review of the entity, the entity is not
under review, and the entity's dumping margin (i.e., 238.95 percent) is
not subject to change as a result of this review.\12\
---------------------------------------------------------------------------
\11\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November
4, 2013).
\12\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2015-2016, 83 FR 35616 (July 27,
2018).
---------------------------------------------------------------------------
Assessment
We will determine, and CBP shall assess, antidumping duties on all
appropriate entries covered by this review. We intend to issue
assessment instructions to CBP 15 days after the publication date of
these final results of review. In accordance with 19 CFR 351.212(b)(1),
we are calculating importer- or customer-specific assessment rates for
the merchandise subject to this review. For any individually examined
respondent whose weighted-average dumping margin is above de minimis
(i.e., 0.50 percent), we will calculate importer- or customer-specific
assessment rates for merchandise subject to this review. Where the
respondent reported reliable entered values, we calculated importer- or
customer-specific ad valorem rates by aggregating the dumping margins
calculated for all U.S. sales to the importer or customer and dividing
this amount by the total entered value of the sales to the importer or
customer.\13\ Where we calculated an importer- or customer-specific
weighted-average dumping margin by dividing the total amount of dumping
for reviewed sales to the importer or customer by the total sales
quantity associated with those transactions, we will direct CBP to
assess importer- or customer-specific assessment rates based on the
resulting per-unit rates.\14\ Where an importer- or customer- specific
ad valorem or per-unit rate is greater than de minimis, we will
instruct CBP to collect the appropriate duties at the time of
liquidation. Where either the respondent's weighted average dumping
margin is zero or de minimis, or an importer or customer-specific ad
valorem or per-unit rate is zero or de minimis, we will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\15\
---------------------------------------------------------------------------
\13\ See 19 CFR 351.212(b)(1).
\14\ Id.
\15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012).
---------------------------------------------------------------------------
For merchandise whose sale/entry was not reported in the U.S. sales
database submitted by an exporter individually examined during this
review, but that entered under the case number of that exporter (i.e.,
at the individually-examined exporter's cash deposit rate), we will
instruct CBP to liquidate such entries at the China-wide rate.
Additionally, if we determine that an exporter under review had no
shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number will be liquidated at the
China-wide rate.\16\
---------------------------------------------------------------------------
\16\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
---------------------------------------------------------------------------
[[Page 36889]]
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date of
this notice in the Federal Register, as provided by section
751(a)(2)(C) of the Act: (1) For the exporters listed in the table in
the ``Final Results of Review'' section above, the cash deposit rate
will be the rate listed for each exporter in the table, except if the
rate is zero or de minimis (i.e., less than 0.5 percent), then the cash
deposit rate will be zero; (2) for previously investigated Chinese and
non-Chinese exporters that received a separate rate in a prior segment
of this proceeding, the cash deposit rate will continue to be the
existing exporter-specific rate; (3) for all Chinese exporters of
subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be the rate previously
established for the China-wide entity (i.e., 238.95 percent); \17\ and
(4) for all non-China exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the Chinese exporter that supplied the non-Chinese
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
---------------------------------------------------------------------------
\17\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2012-2013, 80 FR 40998 (July 14,
2015).
---------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed for these final
results within five days of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b).
Notification to Importers
This notice also serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. 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.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return or destruction of
APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: July 24, 2019.
Jeffrey I. Kessler
Assistant Secretary for Enforcement and Compliance.
Appendix
Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1. Unreported Factors of Production for Purchased Solar
Cells and Modules
Comment 2. Export Buyer's Credit Program
Comment 3. Weights of Chint Solar Inputs
Comment 4. Ministerial Error--Chint Solar
Comment 5. Treatment of Warranties Provided by Chint Solar
Comment 6. Treatment of Reported Data by Risen's Cooperative
Unaffiliated Suppliers
Comment 7. Treatment of LERRI/LONGi
Comment 8. Surrogate Value for Aluminum Frames--I
Comment 9. Surrogate Value for Aluminum Frames--II
Comment 10. Surrogate Value for Silver Paste
Comment 11. Surrogate Value for Welding Wire
Comment 12. Surrogate Value for Backsheet
Comment 13. Surrogate Value for Nitrogen
Comment 14. Selection of Surrogate Financial Statements
Comment 15. Selection of Surrogate Labor Data Source
Comment 16. Surrogate Value for Ocean Freight
V. Recommendation
[FR Doc. 2019-16159 Filed 7-29-19; 8:45 am]
BILLING CODE 3510-DS-P
