Certain Crystalline Silicon Photovoltaic Products From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2018-2019, 70943-70946 [2019-27804]
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Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Notices
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70943
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Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2019–27736 Filed 12–23–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–853]
Certain Crystalline Silicon Photovoltaic
Products From Taiwan: Preliminary
Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2018–
2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that producers/exporters subject to this
review made sales of subject
merchandise below normal value in the
United States during the period of
review (POR) February 1, 2018 through
January 31, 2019. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable December 26, 2019.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin or Maisha Cryor, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; (202) 482–
3936 or (202) 482–5831, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce is conducting an
administrative review of the
antidumping duty (AD) order on certain
crystalline silicon photovoltaic products
(solar products) from Taiwan,1 covering
36 respondents.2 For a complete
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
18777 (May 2, 2019) (Initiation Notice).
2 The Initiation Notice listed 40 companies in this
administrative review, however: (1) Commerce
collapsed Sino-American Silicon Products Inc. and
Solartech Energy Corp. in the 2014–2016
administrative review of the order (see Certain
Crystalline Silicon Photovoltaic Products from
Taiwan: Final Results of Antidumping Duty
Administrative Review; 2014–2016, 82 FR 31555
(July 7, 2017)); (2) Commerce listed ‘‘EEPV CORP.’’
and ‘‘EEPV Corp.’’ which refer to the same
company; (3) Canadian Solar International, Ltd. and
Canadian Solar International Limited refer to the
same company; and (4) Canadian Solar Solution
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Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Notices
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.3 A
list of topics included in the
Preliminary Decision Memorandum is
included as an appendix to this notice.
On October 30, 2019, we extended the
preliminary results of this review to no
later than December 5, 2019.4 On
December 5, 2019, we extended the
preliminary results of this review to no
later than December 17, 2019.5
Scope of the Order 6
The merchandise covered by this
order is crystalline silicon photovoltaic
cells, and modules, laminates and/or
panels consisting of crystalline silicon
photovoltaic cells, whether or not
partially or fully assembled into other
products, including building integrated
materials. Merchandise covered by this
order is currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) under
subheadings 8501.61.0000,
8507.20.8030, 8507.20.8040,
8507.20.8060, 8507.20.8090,
8541.40.6020, 8541.40.6030 and
8501.31.8000. These HTSUS
subheadings are provided for
convenience and customs purposes; the
written description of the scope is
dispositive.
Preliminary Determination of No
Shipments
Seven of the companies under review
properly filed a statement that they
made no shipments of subject
merchandise to the United States during
the POR.7 Based on their certifications
and our analysis of U.S. Customs and
Border Protection (CBP) information, we
preliminarily determine that these seven
companies had no reviewable
transactions during the POR. Consistent
with our practice, we are not
preliminarily rescinding the review
with respect to these seven companies.
Rather, we will complete the review for
these companies and issue appropriate
instructions to CBP based on the final
results of this review.8 For additional
information regarding this
determination, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1) and
(2) of Tariff Act of 1930, as amended
(the Act). Export price and constructed
export price were calculated in
accordance with section 772 of the Act.
Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and is
available to all parties in the Central
Records Unit, Room B8024 of the main
Commerce building. In addition, the
complete Preliminary Decision
Memorandum can be accessed directly
on the internet at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of the Review
We preliminarily determine the
following weighted-average dumping
margins exist for the POR:
Estimated
weighted-average
dumping margin
(percent)
Exporter/producer
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Sino-American Silicon Products Inc., Solartech Energy Corp. and Sunshine PV Corporation 9 ..................................................
Baoding Jiasheng Photovoltaic Technology Co. Ltd .....................................................................................................................
Baoding Tianwei Yingli New Energy Resources Co., Ltd .............................................................................................................
Beijing Tianneng Yingli New Energy Resources Co. Ltd ..............................................................................................................
Boviet Solar Technology Co., Ltd ..................................................................................................................................................
Canadian Solar Solutions Inc ........................................................................................................................................................
EEPV Corp ....................................................................................................................................................................................
E–TON Solar Tech. Co., Ltd .........................................................................................................................................................
Gintech Energy Corporation ..........................................................................................................................................................
Hainan Yingli New Energy Resources Co., Ltd ............................................................................................................................
Hengshui Yingli New Energy Resources Co., Ltd ........................................................................................................................
Inventec Energy Corporation .........................................................................................................................................................
Inventec Solar Energy Corporation ...............................................................................................................................................
KOOTATU Tech. Corp ..................................................................................................................................................................
Kyocera Mexicana S.A. de C.V .....................................................................................................................................................
Lixian Yingli New Energy Resources Co., Ltd ..............................................................................................................................
Lof Solar Corp ...............................................................................................................................................................................
Mega Sunergy Co., Ltd .................................................................................................................................................................
Inc. is an erroneous spelling of Canadian Solar
Solutions Inc. Regarding Canadian Solar
International Limited and Canadian Solar Solutions
Inc., see Canadian Solar et al.’s Letter, ‘‘Crystalline
Silicon Photovoltaic Products from Taiwan, Case
No. A–583–853: No Shipment Letter.’’ dated May
31, 2019 (Canadian Solar No Shipments Letter) at
n.1.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review: Certain Crystalline Silicon
Photovoltaic Products from Taiwan, 2018–2019,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
4 See Memorandum, ‘‘Certain Crystalline Silicon
Photovoltaic Products from Taiwan: Extension of
Time Limit for Preliminary Results of Antidumping
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16:53 Dec 23, 2019
Jkt 250001
Duty Administrative Review,’’ dated October 30,
2019.
5 See Memorandum, ‘‘Certain Crystalline Silicon
Photovoltaic Products from Taiwan: Extension of
Time Limit for Preliminary Results of Antidumping
Duty Administrative Review,’’ dated December 5,
2019.
6 For the full text of the scope of the order, see
the Preliminary Decision Memorandum.
7 See certifications of no shipments filed by AU
Optronics Corporation, Canadian Solar Inc.,
Canadian Solar International Limited, Canadian
Solar Manufacturing (Changshu), Inc., Canadian
Solar Manufacturing (Luoyang), Inc. and Vina Solar
Technology Co., Ltd., dated May 31, 2019.
Regarding Motech Industries Ltd. See Motech
Industries Ltd.’s Letter, ‘‘Certain Crystalline Silicon
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Photovoltaic Products from Taiwan: Response to
May 20, 2019 Questionnaire,’’ dated June 17, 2019.
8 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011) and the
‘‘Assessment Rates’’ section, infra; see also Certain
Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty
Administrative Review, Partial Rescission of
Review, Preliminary Determination of No
Shipments; 2012–2013, 79 FR 15951, 15952 (March
24, 2014), unchanged in Certain Frozen Warmwater
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR 51306,
51307 (August 28, 2014).
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Estimated
weighted-average
dumping margin
(percent)
Exporter/producer
Ming Hwei Energy Co., Ltd ...........................................................................................................................................................
Neo Solar Power Corporation .......................................................................................................................................................
Shenzhen Yingli New Energy Resources Co., Ltd .......................................................................................................................
Sunengine Corporation Ltd ............................................................................................................................................................
Sunrise Global Solar Energy .........................................................................................................................................................
Tianjin Yingli New Energy Resources Co., Ltd .............................................................................................................................
TSEC Corporation .........................................................................................................................................................................
United Renewable Energy Co., Ltd ...............................................................................................................................................
Win Precision Technology Co., Ltd ...............................................................................................................................................
Yingli Energy (China) Co., Ltd .......................................................................................................................................................
Yingli Green Energy International Trading Company Limited .......................................................................................................
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Assessment Rates
Upon issuance of the final results,
Commerce shall determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.
Since the weighted-average dumping
margin for the collapsed entity SinoAmerican Silicon Products Inc.,
Solartech Energy Corp. and Sunshine
PV Corporation is not zero or de
minimis (i.e., less than 0.5 percent), we
will calculate importer-specific ad
valorem AD assessment rates based on
the ratio of the total amount of dumping
calculated for the importers examined
sales to the total entered value of those
same sales in accordance with 19 CFR
351.212(b)(1).10 We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is above de
minimis (i.e., 0.5 percent). Where either
the respondent’s weighted-average
dumping margin is zero or de minimis,
9 In the first administrative review of the order,
Commerce collapsed Sino-American Silicon
Products Inc. and Solartech Energy Corp. and
treated the companies as a single entity for
purposes of the proceeding. See Certain Crystalline
Silicon Photovoltaic Products from Taiwan: Final
Results of Antidumping Duty Administrative
Review; 2014–2016, 82 FR 31555 (July 7, 2017).
Because there were no changes to the facts which
supported that decision since that determination
was made, we continue to find that these
companies are part of a single entity for this
administrative review. In the final results of the
third administrative review of this proceeding, we
included Sunshine PV Corporation in the SAS–SEC
entity. See Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Final Results of
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2017–2018,
84 FR 39802 (August 12, 2019) and the
accompanying Issues and Decision Memorandum at
n.4.
10 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
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16:53 Dec 23, 2019
Jkt 250001
or an importer-specific assessment rate
is zero or de minimis, we will instruct
CBP to liquidate the appropriate entries
without regard to antidumping duties.
The final results of this review shall be
the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review where applicable.
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by a respondent that
did not know its merchandise was
destined for the United States, we will
instruct CBP to liquidate entries not
reviewed at the all-others rate of 19.50
percent 11 if there is no rate for the
intermediate company(ies) involved in
the transaction.12 We intend to issue
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of solar
products from Taiwan entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication provided by section
751(a)(2)(C) of the Act: (1) The cash
deposit rate for each company listed
above 13 will be equal to the dumping
11 See Certain Crystalline Silicon Photovoltaic
Products: Final Determination of Sales at Less Than
Fair Value, 79 FR 76966 (December 23, 2014) (Final
Determination).
12 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
13 As explained in the Preliminary Decision
Memorandum, the collapsed entity consisting of
Sino-American Silicon Products Inc., Solartech
Energy Corp. and Sunshine PV Corporation
dissolved during the period of review. Specifically,
Solartech Energy Corp. and Sunshine PV
Corporation ceased to exist. Therefore, the dumping
margin established for the collapsed entity will be
the cash deposit rate for Sino-American Silicon
Products Inc.
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margins established in the final results
of this review except if the ultimate
rates are de minimis within the meaning
of 19 CFR 351.106(c)(1), in which case
the cash deposit rates will be zero; (2)
for merchandise exported by producers
or exporters not covered in this
administrative review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the producer or
exporter participated; (3) if the exporter
is not a firm covered in this review, a
prior review, or the original less-thanfair-value investigation but the producer
is, then the cash deposit rate will be the
rate established for the most recently
completed segment of the proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 19.50 percent, the all-others rate
established in the Final Determination.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Disclosure and Public Comment
Commerce will disclose to parties to
this proceeding the calculations
performed in reaching the preliminary
results within five days of the date of
publication of these preliminary
results.14 Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs not later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than five days after the date for
filing case briefs.15 Parties who submit
case briefs or rebuttal briefs in this
proceeding are requested to submit with
the argument: (1) A statement of the
issue, (2) a summary of the argument,
14 See
15 See
E:\FR\FM\26DEN1.SGM
19 CFR 351.224(b).
19 CFR 351.309(d).
26DEN1
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Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Notices
and (3) a table of authorities.16 All briefs
must be filed electronically using
ACCESS. An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS.
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, using
Enforcement and Compliance’s ACCESS
system within 30 days of publication of
this notice.17 Requests should contain
the party’s name, address, and
telephone number, the number of
participants, and a list of the issues to
be discussed. If a request for a hearing
is made, we will inform parties of the
scheduled date for the hearing which
will be held at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a time
and location to be determined.18 Parties
should confirm by telephone the date,
time, and location of the hearing.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2),
Commerce will issue the final results of
this administrative review, including
the results of our analysis of the issues
raised by the parties in their case briefs,
within 120 days after issuance of these
preliminary results.
Notification to Importers
This notice also serves as a
preliminary 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
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Notification to Interested Parties
These preliminary results of review is
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.221(b)(4).
khammond on DSKJM1Z7X2PROD with NOTICES
Dated: December 16, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
16 See
19 CFR 351.309(c)(2) and (d)(2).
19 CFR 351.310(c).
18 See 19 CFR 351.310.
17 See
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16:53 Dec 23, 2019
Jkt 250001
II. Background
III. Scope of the Order
IV. Companies Not Selected for Individual
Examination
V. Preliminary Determination of No
Shipments
VI. Discussion of the Methodology
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price
X. Normal Value
XI. Currency Conversion
XII. Recommendation
[FR Doc. 2019–27804 Filed 12–23–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–983]
Drawn Stainless Steel Sinks From the
People’s Republic of China:
Preliminary Results of the
Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain companies made sales of
subject merchandise at less than normal
value. The period of review (POR) is
April 1, 2018 through March 31, 2019.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable December 26, 2019.
FOR FURTHER INFORMATION CONTACT:
Rebecca Janz or Adam Simons, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2972 or (202) 482–6172,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In June 2019, Commerce published a
notice of initiation of an administrative
review of the antidumping duty order
on drawn stainless steel sinks from the
People’s Republic of China (China)
covering the period April 1, 2018
through March 31, 2019, with respect to
30 companies.1 In August 2019, as the
result of a timely withdrawal request,
we rescinded the review with respect to
18 of these companies.2 Therefore, the
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
27587 (June 13, 2019).
2 See Drawn Stainless Steel Sinks from the
People’s Republic of China: Partial Rescission of
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Fmt 4703
Sfmt 4703
results of this review cover the twelve
remaining companies.
Scope of the Order
The products covered by the order
include drawn stainless steel sinks from
China. Imports of subject merchandise
are currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7324.10.0000 and 7324.10.0010.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of the order is dispositive.3
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act).
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and to all
parties in the Central Records Unit,
room B8024 of the main Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/
summary/prc/prc-fr.htm. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content. A list of topics
included in the Preliminary Decision
Memorandum is provided as an
appendix to this notice.
China-Wide Entity
In accordance with Commerce’s
policy, the China-wide entity will not be
under review unless a party specifically
requests, or Commerce self-initiates, a
review of the entity.4 Because no party
requested a review of the China-wide
entity in this review, the entity is not
Antidumping Duty Administrative Review; 2018–
2019, 84 FR 44847 (August 27, 2019).
3 For a complete description of the Scope of the
Order, see Memorandum, ‘‘Decision Memorandum
for Preliminary Results of the Antidumping Duty
Administrative Review: Drawn Stainless Steel Sinks
from the People’s Republic of China,’’ issued
concurrently with and hereby adopted by this
notice (Preliminary Decision Memorandum).
4 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 (November 4, 2013).
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]]>Agencies
[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Notices]
[Pages 70943-70946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27804]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-853]
Certain Crystalline Silicon Photovoltaic Products From Taiwan:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers/exporters subject to this review made sales of subject
merchandise below normal value in the United States during the period
of review (POR) February 1, 2018 through January 31, 2019. We invite
interested parties to comment on these preliminary results.
DATES: Applicable December 26, 2019.
FOR FURTHER INFORMATION CONTACT: Thomas Martin or Maisha Cryor, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; (202) 482-3936 or (202) 482-5831, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty (AD) order on certain crystalline silicon photovoltaic products
(solar products) from Taiwan,\1\ covering 36 respondents.\2\ For a
complete
[[Page 70944]]
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\3\ A list of topics included
in the Preliminary Decision Memorandum is included as an appendix to
this notice.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 18777 (May 2, 2019) (Initiation
Notice).
\2\ The Initiation Notice listed 40 companies in this
administrative review, however: (1) Commerce collapsed Sino-American
Silicon Products Inc. and Solartech Energy Corp. in the 2014-2016
administrative review of the order (see Certain Crystalline Silicon
Photovoltaic Products from Taiwan: Final Results of Antidumping Duty
Administrative Review; 2014-2016, 82 FR 31555 (July 7, 2017)); (2)
Commerce listed ``EEPV CORP.'' and ``EEPV Corp.'' which refer to the
same company; (3) Canadian Solar International, Ltd. and Canadian
Solar International Limited refer to the same company; and (4)
Canadian Solar Solution Inc. is an erroneous spelling of Canadian
Solar Solutions Inc. Regarding Canadian Solar International Limited
and Canadian Solar Solutions Inc., see Canadian Solar et al.'s
Letter, ``Crystalline Silicon Photovoltaic Products from Taiwan,
Case No. A-583-853: No Shipment Letter.'' dated May 31, 2019
(Canadian Solar No Shipments Letter) at n.1.
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Certain
Crystalline Silicon Photovoltaic Products from Taiwan, 2018-2019,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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On October 30, 2019, we extended the preliminary results of this
review to no later than December 5, 2019.\4\ On December 5, 2019, we
extended the preliminary results of this review to no later than
December 17, 2019.\5\
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\4\ See Memorandum, ``Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Extension of Time Limit for Preliminary
Results of Antidumping Duty Administrative Review,'' dated October
30, 2019.
\5\ See Memorandum, ``Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Extension of Time Limit for Preliminary
Results of Antidumping Duty Administrative Review,'' dated December
5, 2019.
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Scope of the Order 6
---------------------------------------------------------------------------
\6\ For the full text of the scope of the order, see the
Preliminary Decision Memorandum.
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The merchandise covered by this order is crystalline silicon
photovoltaic cells, and modules, laminates and/or panels consisting of
crystalline silicon photovoltaic cells, whether or not partially or
fully assembled into other products, including building integrated
materials. Merchandise covered by this order is currently classified in
the Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060,
8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS
subheadings are provided for convenience and customs purposes; the
written description of the scope is dispositive.
Preliminary Determination of No Shipments
Seven of the companies under review properly filed a statement that
they made no shipments of subject merchandise to the United States
during the POR.\7\ Based on their certifications and our analysis of
U.S. Customs and Border Protection (CBP) information, we preliminarily
determine that these seven companies had no reviewable transactions
during the POR. Consistent with our practice, we are not preliminarily
rescinding the review with respect to these seven companies. Rather, we
will complete the review for these companies and issue appropriate
instructions to CBP based on the final results of this review.\8\ For
additional information regarding this determination, see the
Preliminary Decision Memorandum.
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\7\ See certifications of no shipments filed by AU Optronics
Corporation, Canadian Solar Inc., Canadian Solar International
Limited, Canadian Solar Manufacturing (Changshu), Inc., Canadian
Solar Manufacturing (Luoyang), Inc. and Vina Solar Technology Co.,
Ltd., dated May 31, 2019. Regarding Motech Industries Ltd. See
Motech Industries Ltd.'s Letter, ``Certain Crystalline Silicon
Photovoltaic Products from Taiwan: Response to May 20, 2019
Questionnaire,'' dated June 17, 2019.
\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and
the ``Assessment Rates'' section, infra; see also Certain Frozen
Warmwater Shrimp from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of Review,
Preliminary Determination of No Shipments; 2012-2013, 79 FR 15951,
15952 (March 24, 2014), unchanged in Certain Frozen Warmwater Shrimp
from Thailand: Final Results of Antidumping Duty Administrative
Review, Final Determination of No Shipments, and Partial Rescission
of Review; 2012-2013, 79 FR 51306, 51307 (August 28, 2014).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1) and (2) of Tariff Act of 1930, as amended (the Act). Export
price and constructed export price were calculated in accordance with
section 772 of the Act. Normal value is calculated in accordance with
section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov and is available to all
parties in the Central Records Unit, Room B8024 of the main Commerce
building. In addition, the complete Preliminary Decision Memorandum can
be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the
electronic version of the Preliminary Decision Memorandum are identical
in content.
Preliminary Results of the Review
We preliminarily determine the following weighted-average dumping
margins exist for the POR:
------------------------------------------------------------------------
Estimated
weighted-average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Sino-American Silicon Products Inc., Solartech Energy 2.57
Corp. and Sunshine PV Corporation \9\...............
Baoding Jiasheng Photovoltaic Technology Co. Ltd..... 2.57
Baoding Tianwei Yingli New Energy Resources Co., Ltd. 2.57
Beijing Tianneng Yingli New Energy Resources Co. Ltd. 2.57
Boviet Solar Technology Co., Ltd..................... 2.57
Canadian Solar Solutions Inc......................... 2.57
EEPV Corp............................................ 2.57
E-TON Solar Tech. Co., Ltd........................... 2.57
Gintech Energy Corporation........................... 2.57
Hainan Yingli New Energy Resources Co., Ltd.......... 2.57
Hengshui Yingli New Energy Resources Co., Ltd........ 2.57
Inventec Energy Corporation.......................... 2.57
Inventec Solar Energy Corporation.................... 2.57
KOOTATU Tech. Corp................................... 2.57
Kyocera Mexicana S.A. de C.V......................... 2.57
Lixian Yingli New Energy Resources Co., Ltd.......... 2.57
Lof Solar Corp....................................... 2.57
Mega Sunergy Co., Ltd................................ 2.57
[[Page 70945]]
Ming Hwei Energy Co., Ltd............................ 2.57
Neo Solar Power Corporation.......................... 2.57
Shenzhen Yingli New Energy Resources Co., Ltd........ 2.57
Sunengine Corporation Ltd............................ 2.57
Sunrise Global Solar Energy.......................... 2.57
Tianjin Yingli New Energy Resources Co., Ltd......... 2.57
TSEC Corporation..................................... 2.57
United Renewable Energy Co., Ltd..................... 2.57
Win Precision Technology Co., Ltd.................... 2.57
Yingli Energy (China) Co., Ltd....................... 2.57
Yingli Green Energy International Trading Company 2.57
Limited.............................................
------------------------------------------------------------------------
Assessment Rates
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\9\ In the first administrative review of the order, Commerce
collapsed Sino-American Silicon Products Inc. and Solartech Energy
Corp. and treated the companies as a single entity for purposes of
the proceeding. See Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Final Results of Antidumping Duty
Administrative Review; 2014-2016, 82 FR 31555 (July 7, 2017).
Because there were no changes to the facts which supported that
decision since that determination was made, we continue to find that
these companies are part of a single entity for this administrative
review. In the final results of the third administrative review of
this proceeding, we included Sunshine PV Corporation in the SAS-SEC
entity. See Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2017-2018, 84 FR 39802 (August
12, 2019) and the accompanying Issues and Decision Memorandum at
n.4.
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Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.
Since the weighted-average dumping margin for the collapsed entity
Sino-American Silicon Products Inc., Solartech Energy Corp. and
Sunshine PV Corporation is not zero or de minimis (i.e., less than 0.5
percent), we will calculate importer-specific ad valorem AD assessment
rates based on the ratio of the total amount of dumping calculated for
the importers examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1).\10\ We will instruct CBP
to assess antidumping duties on all appropriate entries covered by this
review when the importer-specific assessment rate calculated in the
final results of this review is above de minimis (i.e., 0.5 percent).
Where either the respondent's weighted-average dumping margin is zero
or de minimis, or an importer-specific assessment rate is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties. The final results of this review
shall be the basis for the assessment of antidumping duties on entries
of merchandise covered by the final results of this review where
applicable.
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\10\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by a
respondent that did not know its merchandise was destined for the
United States, we will instruct CBP to liquidate entries not reviewed
at the all-others rate of 19.50 percent \11\ if there is no rate for
the intermediate company(ies) involved in the transaction.\12\ We
intend to issue instructions to CBP 15 days after publication of the
final results of this review.
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\11\ See Certain Crystalline Silicon Photovoltaic Products:
Final Determination of Sales at Less Than Fair Value, 79 FR 76966
(December 23, 2014) (Final Determination).
\12\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of solar products from Taiwan entered, or withdrawn from
warehouse, for consumption on or after the date of publication provided
by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for each
company listed above \13\ will be equal to the dumping margins
established in the final results of this review except if the ultimate
rates are de minimis within the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rates will be zero; (2) for merchandise
exported by producers or exporters not covered in this administrative
review but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment of this proceeding in which the
producer or exporter participated; (3) if the exporter is not a firm
covered in this review, a prior review, or the original less-than-fair-
value investigation but the producer is, then the cash deposit rate
will be the rate established for the most recently completed segment of
the proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
19.50 percent, the all-others rate established in the Final
Determination. These deposit requirements, when imposed, shall remain
in effect until further notice.
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\13\ As explained in the Preliminary Decision Memorandum, the
collapsed entity consisting of Sino-American Silicon Products Inc.,
Solartech Energy Corp. and Sunshine PV Corporation dissolved during
the period of review. Specifically, Solartech Energy Corp. and
Sunshine PV Corporation ceased to exist. Therefore, the dumping
margin established for the collapsed entity will be the cash deposit
rate for Sino-American Silicon Products Inc.
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Disclosure and Public Comment
Commerce will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\14\
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs not later than 30 days after the date of publication of
this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\15\ Parties who submit case briefs or rebuttal briefs in
this proceeding are requested to submit with the argument: (1) A
statement of the issue, (2) a summary of the argument,
[[Page 70946]]
and (3) a table of authorities.\16\ All briefs must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety by Commerce's electronic records
system, ACCESS.
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\14\ See 19 CFR 351.224(b).
\15\ See 19 CFR 351.309(d).
\16\ See 19 CFR 351.309(c)(2) and (d)(2).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\17\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing is made, we will inform
parties of the scheduled date for the hearing which will be held at the
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230, at a time and location to be determined.\18\ Parties should
confirm by telephone the date, time, and location of the hearing.
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\17\ See 19 CFR 351.310(c).
\18\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results
of this administrative review, including the results of our analysis of
the issues raised by the parties in their case briefs, within 120 days
after issuance of these preliminary results.
Notification to Importers
This notice also serves as a preliminary 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 review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification to Interested Parties
These preliminary results of review is are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: December 16, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Companies Not Selected for Individual Examination
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price
X. Normal Value
XI. Currency Conversion
XII. Recommendation
[FR Doc. 2019-27804 Filed 12-23-19; 8:45 am]
BILLING CODE 3510-DS-P
