Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2017, 56765-56767 [2019-23063]

Download as PDF Federal Register / Vol. 84, No. 205 / Wednesday, October 23, 2019 / Notices Notification to Interested Parties This determination is issued and published pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: October 17, 2019. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The products covered by this investigation are all types of youth and adult mattresses. The term ‘‘mattress’’ denotes an assembly of materials that at a minimum includes a ‘‘core,’’ which provides the main support system of the mattress, and may consist of innersprings, foam, other resilient filling, or a combination of these materials. Mattresses may also contain (1) ‘‘upholstery,’’ the material between the core and the top panel of the ticking on a single-sided mattress, or between the core and the top and bottom panel of the ticking on a double-sided mattress; and/or (2) ‘‘ticking,’’ the outermost layer of fabric or other material (e.g., vinyl) that encloses the core and any upholstery, also known as a cover. The scope of this investigation is restricted to only ‘‘adult mattresses’’ and ‘‘youth mattresses.’’ ‘‘Adult mattresses’’ have a width exceeding 35 inches, a length exceeding 72 inches, and a depth exceeding 3 inches on a nominal basis. Such mattresses are frequently described as ‘‘twin,’’ ‘‘extra-long twin,’’ ‘‘full,’’ ‘‘queen,’’ ‘‘king,’’ or ‘‘California king’’ mattresses. ‘‘Youth mattresses’’ have a width exceeding 27 inches, a length exceeding 51 inches, and a depth exceeding 1 inch (crib mattresses have a depth of 6 inches or less from edge to edge) on a nominal basis. Such mattresses are typically described as ‘‘crib,’’ ‘‘toddler,’’ or ‘‘youth’’ mattresses. All adult and youth mattresses are included regardless of actual size description. The scope encompasses all types of ‘‘innerspring mattresses,’’ ‘‘non-innerspring mattresses,’’ and ‘‘hybrid mattresses.’’ ‘‘Innerspring mattresses’’ contain innersprings, a series of metal springs joined together in sizes that correspond to the dimensions of mattresses. Mattresses that contain innersprings are referred to as ‘‘innerspring mattresses’’ or ‘‘hybrid mattresses.’’ ‘‘Hybrid mattresses’’ contain two or more support systems as the core, such as layers of both memory foam and innerspring units. ‘‘Non-innerspring mattresses’’ are those that do not contain any innerspring units. They are generally produced from foams (e.g., polyurethane, memory (viscoelastic), latex foam, gel-infused viscoelastic (gel foam), thermobonded polyester, polyethylene) or other resilient filling. Mattresses covered by the scope of this investigation may be imported independently, as part of furniture or furniture mechanisms (e.g., convertible sofa bed mattresses, sofa bed mattresses imported with sofa bed mechanisms, corner group mattresses, day-bed mattresses, roll-away bed mattresses, high risers, trundle bed VerDate Sep<11>2014 18:10 Oct 22, 2019 Jkt 250001 mattresses, crib mattresses), or as part of a set in combination with a ‘‘mattress foundation.’’ ‘‘Mattress foundations’’ are any base or support for a mattress. Mattress foundations are commonly referred to as ‘‘foundations,’’ ‘‘boxsprings,’’ ‘‘platforms,’’ and/or ‘‘bases.’’ Bases can be static, foldable, or adjustable. Only the mattress is covered by the scope if imported as part of furniture, with furniture mechanisms, or as part of a set in combination with a mattress foundation. Excluded from the scope of this investigation are ‘‘futon’’ mattresses. A ‘‘futon’’ is a bi-fold frame made of wood, metal, or plastic material, or any combination thereof, that functions as both seating furniture (such as a couch, love seat, or sofa) and a bed. A ‘‘futon mattress’’ is a tufted mattress, where the top covering is secured to the bottom with thread that goes completely through the mattress from the top through to the bottom, and it does not contain innersprings or foam. A futon mattress is both the bed and seating surface for the futon. Also excluded from the scope are airbeds (including inflatable mattresses) and waterbeds, which consist of air- or liquidfilled bladders as the core or main support system of the mattress. Also excluded is certain multifunctional furniture that is convertible from seating to sleeping, regardless of filler material or components, where that filler material or components are integrated into the design and construction of, and inseparable from, the furniture framing. Such furniture may, and without limitation, be commonly referred to as ‘‘convertible sofas,’’ ‘‘sofa beds,’’ ‘‘sofa chaise sleepers,’’ ‘‘futons,’’ ‘‘ottoman sleepers’’ or a like description. Further, also excluded from the scope of this investigation are any products covered by the existing antidumping duty order on uncovered innerspring units. See Uncovered Innerspring Units from the People’s Republic of China: Notice of Antidumping Duty Order, 74 FR 7661 (February 19, 2009). Additionally, also excluded from the scope of this investigation are ‘‘mattress toppers.’’ A ‘‘mattress topper’’ is a removable bedding accessory that supplements a mattress by providing an additional layer that is placed on top of a mattress. Excluded mattress toppers have a height of four inches or less. The products subject to this investigation are currently properly classifiable under Harmonized Tariff Schedule for the United States (HTSUS) subheadings: 9404.21.0010, 9404.21.0013, 9404.29.1005, 9404.29.1013, 9404.29.9085, and 9404.29.9087. Products subject to this investigation may also enter under HTSUS subheadings: 9404.21.0095, 9404.29.1095, 9404.29.9095, 9401.40.0000, and 9401.90.5081. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to this investigation is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope Comments PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 56765 IV. Scope of the Investigation V. Changes From the Preliminary Determination VI. Analysis of Comments Comment 1: Whether Commerce Should Adjust the Critical Circumstances Analysis Comment 2: Whether to Allow the Inclusion of Cash Deposits for the 90-Day Retroactive Period Comment 3: Whether Commerce Should Take into Consideration the Claimed Impact of Section 301 Tariffs on the Critical Circumstances Surge Analysis Comment 4: Whether the China-wide Entity Rate is Corroborated and Reasonable Comment 5: Whether Commerce Should Rely on Malaysia or Mexico as the Surrogate Country Comment 6: Whether Commerce Should Remove Luxury Sleep’s Distribution Costs from the Financial Ratio Calculation Comment 7: Whether Commerce Should Average the Luxury Sleep and Aerofoam Financial Statements Comment 8: Whether Commerce Should Apply AFA to Healthcare Comment 9: Whether Commerce Should Allow an Adjustment for Healthcare’s Freight Revenue Comment 10: Whether Commerce Should Recalculate Healthcare’s Indirect Selling Expense Ratio Comment 11: Surrogate Values for Certain Zinus Inputs Comment 12: Zinus’ Per-Unit Calculation of Water Comment 13: Zinus’ Direct Expenses Calculation Comment 14: Zinus’ Cash Deposit Instructions VII. Recommendation [FR Doc. 2019–23107 Filed 10–22–19; 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: Final Results of Countervailing Duty Administrative Review; 2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that exporters and/or producers subject to the administrative review of certain crystalline silicon photovoltaic products (solar products) from the People’s Republic of China (China) received countervailable subsidies during the January 1, 2017 through December 31, 2017 period of review. DATES: Applicable October 23, 2019. AGENCY: E:\FR\FM\23OCN1.SGM 23OCN1 56766 Federal Register / Vol. 84, No. 205 / Wednesday, October 23, 2019 / Notices FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3586. SUPPLEMENTARY INFORMATION: Background On April 16, 2019, Commerce published the Preliminary Results of this administrative review, and invited interested parties to comment on the Preliminary Results.1 On May 16, 2019, Changzhou Trina Solar Energy Co., Ltd. and Trina Solar (Changzhou) Science and Technology Co., Ltd. (collectively, Trina Solar), a company subject to this administrative review but not selected for individual examination, timely submitted comments on the Preliminary Results and requested a hearing.2 On May 21, 2019, SolarWorld Americas, Inc. (the petitioner in the underlying countervailing duty investigation), filed timely rebuttal comments.3 On July 31, 2019, Commerce extended the deadline for these final results until October 10, 2019.4 On August 28, 2019, Commerce permitted interested parties to supplement their case and rebuttal briefs to address a claim of no shipments submitted by Trina Solar,5 for which Commerce received comments from Trina Solar on September 9, 2019.6 On September 16, 2019, Commerce received rebuttal comments on this issue from domestic interested party SunPower Manufacturing Oregon LLC.7 On 1 See 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, 84 FR 15585 (April 16, 2019) (Preliminary Results) and accompanying Preliminary Decision Memorandum. 2 See Trina Solar’s Letter, ‘‘Certain Crystalline Silicon Photovoltaic Products from China: Request for a Hearing and Case Brief,’’ dated May 16, 2019. 3 See Petitioner’s Letter, ‘‘Crystalline Silicon Photovoltaic Products from the People’s Republic of China: SolarWorld America’s Rebuttal Brief,’’ dated May 21, 2019. 4 See Memorandum, ‘‘Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China: Extension of Deadline for Final Results of Countervailing Duty Administrative Review,’’ dated July 31, 2019. 5 See Memorandum, ‘‘Administrative Review of the Countervailing Duty Order on Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China; U.S. Customs and Border Protection Entry Summary Information: Changzhou Trina Solar Energy Co., Ltd.,’’ dated August 28, 2019. 6 See Trina Solar’s Letter, Certain Crystalline Silicon Photovoltaic Products from China: Supplemental Case Brief,’’ dated September 9, 2019. 7 See SunPower’s Letter, ‘‘Crystalline Silicon Photovoltaic Products from the People’s Republic of VerDate Sep<11>2014 18:10 Oct 22, 2019 Jkt 250001 September 19, 2019, Trina Solar withdrew its request for a hearing.8 For a detailed history of the events that occurred since the publication of the Preliminary Results, see the Issues and Decision Memorandum.9 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 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 Issues and Decision Memorandum. Analysis of Comments Received All issues raised by interested parties in their case and rebuttal briefs, and Commerce’s analysis thereof, are addressed in the Issues and Decision Memorandum. These issues are identified in the 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 System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Commerce Building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and its electronic version are identical in content. Methodology Commerce conducted 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 finds that there is a subsidy (i.e., a financial China: Supplemental Rebuttal Brief,’’ dated September 16, 2019. 8 See Trina Solar’s Letter, ‘‘Certain Crystalline Silicon Photovoltaic Products from China: Withdrawal of Request for a Hearing,’’ dated September 19, 2019. 9 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of Countervailing Duty Administrative Review: Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China; 2017,’’ which is dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 contribution from an authority that gives rise to a benefit to the recipient), and that the subsidy is specific.10 Commerce notes that in making these findings, it relied on total facts available and, because Commerce finds that the mandatory respondents did not act to the best of their ability to respond to Commerce’s request for information, Commerce continues to find all programs in this review countervailable.11 Changes From the Preliminary Results Based on the comments received from interested parties, Commerce made no changes to the net subsidy rates calculated for the companies subject to this administrative review. Final Results of Administrative 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 administrative 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 individuallyexamined 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 individuallyexamined exporters and producers. In this review, the countervailable subsidy rates calculated for the three mandatory respondents (i.e., Risen Energy Co., Ltd.; Shenzhen Sungold Solar Co., Ltd.; and Sol-Lite Manufacturing Co., Ltd.) are based entirely on facts available pursuant to section 776 of the Act.12 As a result, Commerce is using ‘‘any reasonable method’’ to establish the subsidy rate for the non-selected companies under review. Commerce finds that it is 10 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. 11 See sections 776(a) and (b) of the Act; see also Preliminary Decision Memorandum. 12 See Preliminary Results and accompanying Preliminary Decision Memorandum. E:\FR\FM\23OCN1.SGM 23OCN1 Federal Register / Vol. 84, No. 205 / Wednesday, October 23, 2019 / Notices reasonable to rely on the rates established for the three 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 Commerce’s past practice.13 Commerce finds the countervailable subsidy rates for the producers/exporters under review to be as follows: Company Changzhou Trina Solar Energy Co., Ltd ..................... Chint Solar (Zhejiang) Co., Ltd ..................................... Hefei JA Solar Technology Co., Ltd ............................. Risen Energy Co., Ltd .......... Ri Shen Products (SZ) Ltd ... Shanghai JA Solar Technology Co., Ltd .................. Shenzhen Sungold Solar Co., Ltd ............................. Sunny Apex Development Limited ............................... Sol-Lite Manufacturing Co., Ltd ..................................... Trina Solar (Changzhou) Science & Technology Co., Ltd ............................. Subsidy rate (percent ad valorem) National Oceanic and Atmospheric Administration Cash Deposit Instructions Administrative Protective Order (APO) 94.83 This notice also serves as a reminder to parties subject to APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 of an APO is a sanctionable violation. 94.83 94.83 13 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 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). 14 See Preliminary Determination Memorandum at Appendix I, ‘‘AFA Rate Calculation.’’ 15 In accordance with 19 CFR 351.224(b), Commerce is normally required to disclose 18:10 Oct 22, 2019 DEPARTMENT OF COMMERCE Consistent with 19 CFR 351.212(b)(2), Commerce intends to issue assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of these final results of review, to liquidate shipments of subject merchandise produced and/or exported by the companies listed above, entered, or withdrawn from warehouse, for consumption on or after January 1, 2017 through December 31, 2017, at the ad valorem rates listed above. 94.83 Disclosure All calculations in these final results are based on publicly-available information and are described in their entirety in the Preliminary Decision Memorandum.14 As such, the publication of this notice constitutes disclosure of the calculations performed in connection with these final results to interested parties.15 VerDate Sep<11>2014 Assessment Rates In accordance with section 751(a)(1) of the Act, Commerce intends to instruct 94.83 CBP to collect cash deposits of estimated countervailing duties in the 94.83 amounts shown for each of the respective companies listed above. 94.83 These cash deposit requirements, when 94.83 imposed, shall remain in effect until 94.83 further notice. 94.83 Jkt 250001 56767 Notification to Interested Parties Commerce is issuing and publishing these final results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: October 10, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Subsidy Rate for the Non-Selected Companies Under Review V. Discussion of the Issue: Whether To Rescind This Review for Trina Solar VI. Recommendation [FR Doc. 2019–23063 Filed 10–22–19; 8:45 am] BILLING CODE 3510–DS–P calculations performed in connection with the final results of a review within five days of its public announcement or, if there is no public announcement of, within five days after the date of publication of the final results of review. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 RIN 0648–XG947 Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Auke Bay Ferry Terminal Modifications and Improvements Project in Juneau, Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; Issuance of an Incidental Harassment Authorization. AGENCY: In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to the Alaska Department of Transportation and Public Facilities (ADOT&PF) to incidentally harass, by Level A and Level B harassment, marine mammals during pile driving activities associated with the Auke Bay Ferry Terminal Modifications and Improvements Project in Juneau, Alaska. DATES: This Authorization is effective from January 1, 2020 through December 31, 2019. FOR FURTHER INFORMATION CONTACT: Amy Fowler, Office of Protected Resources, NMFS, (301) 427–8401. Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: https:// www.fisheries.noaa.gov/permit/ incidental-take-authorizations-undermarine-mammal-protection-act. In case of problems accessing these documents, please call the contact listed above. SUPPLEMENTARY INFORMATION: SUMMARY: Background The MMPA prohibits the ‘‘take’’ of marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed incidental take authorization may be provided to the public for review. E:\FR\FM\23OCN1.SGM 23OCN1

Agencies

[Federal Register Volume 84, Number 205 (Wednesday, October 23, 2019)]
[Notices]
[Pages 56765-56767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23063]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-011]


Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China: Final Results of Countervailing Duty 
Administrative Review; 2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that 
exporters and/or producers subject to the administrative review of 
certain crystalline silicon photovoltaic products (solar products) from 
the People's Republic of China (China) received countervailable 
subsidies during the January 1, 2017 through December 31, 2017 period 
of review.

DATES: Applicable October 23, 2019.

[[Page 56766]]


FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3586.

SUPPLEMENTARY INFORMATION: 

Background

    On April 16, 2019, Commerce published the Preliminary Results of 
this administrative review, and invited interested parties to comment 
on the Preliminary Results.\1\ On May 16, 2019, Changzhou Trina Solar 
Energy Co., Ltd. and Trina Solar (Changzhou) Science and Technology 
Co., Ltd. (collectively, Trina Solar), a company subject to this 
administrative review but not selected for individual examination, 
timely submitted comments on the Preliminary Results and requested a 
hearing.\2\ On May 21, 2019, SolarWorld Americas, Inc. (the petitioner 
in the underlying countervailing duty investigation), filed timely 
rebuttal comments.\3\ On July 31, 2019, Commerce extended the deadline 
for these final results until October 10, 2019.\4\ On August 28, 2019, 
Commerce permitted interested parties to supplement their case and 
rebuttal briefs to address a claim of no shipments submitted by Trina 
Solar,\5\ for which Commerce received comments from Trina Solar on 
September 9, 2019.\6\ On September 16, 2019, Commerce received rebuttal 
comments on this issue from domestic interested party SunPower 
Manufacturing Oregon LLC.\7\ On September 19, 2019, Trina Solar 
withdrew its request for a hearing.\8\ For a detailed history of the 
events that occurred since the publication of the Preliminary Results, 
see the Issues and Decision Memorandum.\9\
---------------------------------------------------------------------------

    \1\ See 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, 84 FR 15585 (April 16, 2019) (Preliminary Results) 
and accompanying Preliminary Decision Memorandum.
    \2\ See Trina Solar's Letter, ``Certain Crystalline Silicon 
Photovoltaic Products from China: Request for a Hearing and Case 
Brief,'' dated May 16, 2019.
    \3\ See Petitioner's Letter, ``Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: SolarWorld America's 
Rebuttal Brief,'' dated May 21, 2019.
    \4\ See Memorandum, ``Certain Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: Extension of Deadline 
for Final Results of Countervailing Duty Administrative Review,'' 
dated July 31, 2019.
    \5\ See Memorandum, ``Administrative Review of the 
Countervailing Duty Order on Certain Crystalline Silicon 
Photovoltaic Products from the People's Republic of China; U.S. 
Customs and Border Protection Entry Summary Information: Changzhou 
Trina Solar Energy Co., Ltd.,'' dated August 28, 2019.
    \6\ See Trina Solar's Letter, Certain Crystalline Silicon 
Photovoltaic Products from China: Supplemental Case Brief,'' dated 
September 9, 2019.
    \7\ See SunPower's Letter, ``Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: Supplemental Rebuttal 
Brief,'' dated September 16, 2019.
    \8\ See Trina Solar's Letter, ``Certain Crystalline Silicon 
Photovoltaic Products from China: Withdrawal of Request for a 
Hearing,'' dated September 19, 2019.
    \9\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Countervailing Duty Administrative Review: Certain 
Crystalline Silicon Photovoltaic Products from the People's Republic 
of China; 2017,'' which is dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

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 
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 Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised by interested parties in their case and rebuttal 
briefs, and Commerce's analysis thereof, are addressed in the Issues 
and Decision Memorandum. These issues are identified in the 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 System 
(ACCESS). ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Central 
Records Unit, room B8024 of the main Commerce Building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov/frn/. The signed Issues and 
Decision Memorandum and its electronic version are identical in 
content.

Methodology

    Commerce conducted 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 
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.\10\ Commerce notes that in making these findings, 
it relied on total facts available and, because Commerce finds that the 
mandatory respondents did not act to the best of their ability to 
respond to Commerce's request for information, Commerce continues to 
find all programs in this review countervailable.\11\
---------------------------------------------------------------------------

    \10\ 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.
    \11\ See sections 776(a) and (b) of the Act; see also 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Changes From the Preliminary Results

    Based on the comments received from interested parties, Commerce 
made no changes to the net subsidy rates calculated for the companies 
subject to this administrative review.

Final Results of Administrative 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 
administrative 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 (i.e., Risen Energy Co., Ltd.; Shenzhen 
Sungold Solar Co., Ltd.; and Sol-Lite Manufacturing Co., Ltd.) are 
based entirely on facts available pursuant to section 776 of the 
Act.\12\ As a result, Commerce is using ``any reasonable method'' to 
establish the subsidy rate for the non-selected companies under review. 
Commerce finds that it is

[[Page 56767]]

reasonable to rely on the rates established for the three 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 Commerce's past practice.\13\ Commerce finds 
the countervailable subsidy rates for the producers/exporters under 
review to be as follows:
---------------------------------------------------------------------------

    \12\ See Preliminary Results and accompanying Preliminary 
Decision Memorandum.
    \13\ 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).

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Changzhou Trina Solar Energy Co., Ltd...................           94.83
Chint Solar (Zhejiang) Co., Ltd.........................           94.83
Hefei JA Solar Technology Co., Ltd......................           94.83
Risen Energy Co., Ltd...................................           94.83
Ri Shen Products (SZ) Ltd...............................           94.83
Shanghai JA Solar Technology Co., Ltd...................           94.83
Shenzhen Sungold Solar Co., Ltd.........................           94.83
Sunny Apex Development Limited..........................           94.83
Sol-Lite Manufacturing Co., Ltd.........................           94.83
Trina Solar (Changzhou) Science & Technology Co., Ltd...           94.83
------------------------------------------------------------------------

Disclosure

    All calculations in these final results are based on publicly-
available information and are described in their entirety in the 
Preliminary Decision Memorandum.\14\ As such, the publication of this 
notice constitutes disclosure of the calculations performed in 
connection with these final results to interested parties.\15\
---------------------------------------------------------------------------

    \14\ See Preliminary Determination Memorandum at Appendix I, 
``AFA Rate Calculation.''
    \15\ In accordance with 19 CFR 351.224(b), Commerce is normally 
required to disclose calculations performed in connection with the 
final results of a review within five days of its public 
announcement or, if there is no public announcement of, within five 
days after the date of publication of the final results of review.
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Assessment Rates

    Consistent with 19 CFR 351.212(b)(2), Commerce intends to issue 
assessment instructions to U.S. Customs and Border Protection (CBP) 15 
days after the date of publication of these final results of review, to 
liquidate shipments of subject merchandise produced and/or exported by 
the companies listed above, entered, or withdrawn from warehouse, for 
consumption on or after January 1, 2017 through December 31, 2017, at 
the ad valorem rates listed above.

Cash Deposit Instructions

    In accordance with section 751(a)(1) of the Act, Commerce intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown for each of the respective companies listed 
above. These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to APO of 
their responsibility concerning the destruction of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). 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 of an APO is a 
sanctionable violation.

Notification to Interested Parties

    Commerce is issuing and publishing these final results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: October 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Subsidy Rate for the Non-Selected Companies Under Review
V. Discussion of the Issue: Whether To Rescind This Review for Trina 
Solar
VI. Recommendation

[FR Doc. 2019-23063 Filed 10-22-19; 8:45 am]
 BILLING CODE 3510-DS-P