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 https://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]
-----------------------------------------------------------------------
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 https://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.
---------------------------------------------------------------------------
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