Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2017-2018, 7531-7535 [2020-02563]
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Federal Register / Vol. 85, No. 27 / Monday, February 10, 2020 / Notices
482–2091, email: dbia@trade.gov,
Giancarlo.Cavallo@trade.gov,
Ashley.Bubna@trade.gov.
Background: The Council was
established on November 4, 2014, to
advise the President, through the
Secretary of Commerce, on
strengthening commercial engagement
between the United States and Africa.
The Council’s charter was renewed for
a third, two-year term in September
2019. The Council was established in
accordance with the provisions of the
Federal Advisory Committee Act, as
amended, 5 U.S.C. App.
Public Submissions: The public is
invited to submit written statements to
the Council. Statements must be
received by 5:00 p.m. February 19, 2020
by either of the following methods:
a. Electronic Submissions: Submit
statements electronically to Giancarlo
Cavallo and Ashley Bubna, Designated
Federal Officers, President’s Advisory
Council on Doing Business in Africa, via
email: dbia@trade.gov.
b. Paper Submissions: Send paper
statements to Giancarlo Cavallo and
Ashley Bubna, Designated Federal
Officers, President’s Advisory Council
on Doing Business in Africa,
Department of Commerce, 1401
Constitution Ave. NW, Room 22004,
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Statements will be provided to the
members in advance of the meeting for
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pac-dbia). Any business proprietary
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disclosure.
Meeting minutes: Copies of the
Council’s meeting minutes will be
available within ninety (90) days of the
meeting on the Council’s website at
https://trade.gov/pac-dbia.
[FR Doc. 2020–02546 Filed 2–7–20; 8:45 am]
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BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
Foreign-Trade Zones Board
[B–65–2019]
SUPPLEMENTARY INFORMATION:
Frederique Stewart,
Director, Office of Africa.
DEPARTMENT OF COMMERCE
[B–6–2020]
Foreign-Trade Zone 61—San Juan,
Puerto Rico; Application for Subzone;
Puerto Rico Storage & Distribution,
Inc.; Aguadilla, Puerto Rico
An application has been submitted to
the Foreign-Trade Zones (FTZ) Board by
the Department of Economic
Development and Commerce, grantee of
FTZ 61, requesting subzone status for
the facilities of Puerto Rico Storage &
Distribution, Inc., located in Aguadilla,
Puerto Rico. The application was
submitted pursuant to the provisions of
the Foreign-Trade Zones Act, as
amended (19 U.S.C. 81a–81u), and the
regulations of the FTZ Board (15 CFR
part 400). It was formally docketed on
February 4, 2020.
The proposed subzone (3.87 acres) is
located at Highway 110, Km 28.7, Bo.
Aguacate, Km. 5.6, Aguadilla, Puerto
Rico. No authorization for production
activity has been requested at this time.
In accordance with the FTZ Board’s
regulations, Camille Evans of the FTZ
Staff is designated examiner to review
the application and make
recommendations to the FTZ Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is March
23, 2020. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period to
April 6, 2020.
A copy of the application will be
available for public inspection in the
‘‘Reading Room’’ section of the FTZ
Board’s website, which is accessible via
www.trade.gov/ftz.
For further information, contact
Camille Evans at Camille.Evans@
trade.gov or (202) 482–2350.
Dated: February 4, 2020.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2020–02566 Filed 2–7–20; 8:45 am]
BILLING CODE 3510–DS–P
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Foreign-Trade Zone (FTZ) 26—Atlanta,
Georgia; Authorization of Production
Activity; Ricoh Electronics, Inc.
(Thermal Paper and Film);
Lawrenceville and Buford, Georgia
On October 7, 2019, Ricoh
Electronics, Inc. submitted a notification
of proposed production activity to the
FTZ Board for its facilities within FTZ
26, in Lawrenceville and Buford,
Georgia.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (84 FR 56161, October
21, 2019). On February 4, 2020, the
applicant was notified of the FTZ
Board’s decision that no further review
of the activity is warranted at this time.
The production activity described in the
notification was authorized, subject to
the FTZ Act and the FTZ Board’s
regulations, including Section 400.14.
Dated: February 4, 2020.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2020–02565 Filed 2–7–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–979]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Preliminary Results of
Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that producers and/or exporters subject
to this administrative review made sales
of subject merchandise at less than
normal value in the United States.
Interested parties are invited to
comment on these preliminary results of
review.
DATES: Applicable February 10, 2020.
FOR FURTHER INFORMATION CONTACT: Jeff
Pedersen, AD/CVD Operations, Office
IV, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
AGENCY:
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Federal Register / Vol. 85, No. 27 / Monday, February 10, 2020 / Notices
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2769.
SUPPLEMENTARY INFORMATION:
Background
This administrative review is being
conducted in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act). On March 14, 2019,
in response to review requests from
multiple interested parties, Commerce
initiated an administrative review of the
antidumping duty order on crystalline
silicon photovoltaic cells, whether or
not assembled into modules (solar
cells), from the People’s Republic of
China (China).1 The period of review
(POR) is December 1, 2017 through
November 30, 2018. On May 6, 2019,
Commerce selected two exporters to
individually examine as mandatory
respondents, Trina 2 and Risen.3 During
the course of this review, the mandatory
respondents filed responses to
Commerce’s questionnaire and
supplemental questionnaires, the
petitioner (SolarWorld Americas Inc.)
commented on those responses, and
multiple other companies for which
Commerce initiated the review filed
either no-shipment claims or
applications or certifications for
separate rates status. For details
regarding the events that occurred
subsequent to the initiation of the
review, see the Issues and Decision
Memorandum.4
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Scope of the Order
The merchandise covered by the order
is crystalline silicon photovoltaic cells,
and modules, laminates, and panels,
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
9297 (March 14, 2019).
2 Trina refers to the following companies which
Commerce is treating as a single entity: Trina Solar
Co., Ltd. (formerly, Changzhou Trina Solar Energy
Co., Ltd.), Trina Solar (Changzhou) Science and
Technology Co., Ltd., Yancheng Trina Guoneng
Photovoltaic Technology Co., Ltd (formerly,
Yancheng Trina Solar Energy Technology Co., Ltd.),
Changzhou Trina Solar Yabang Energy Co., Ltd.,
Turpan Trina Solar Energy Co., Ltd., Hubei Trina
Solar Energy Co., Ltd., Trina Solar (Hefei) Science
and Technology Co., Ltd., and Changzhou Trina
Hezhong Photoelectric Co., Ltd. (collectively,
Trina).
3 Risen refers to the following companies which
Commerce is treating as a single entity: Risen
Energy Co., Ltd., Risen (Wuhai) New Energy Co.,
Ltd., Zhejiang Twinsel Electronic Technology Co.,
Ltd., Risen (Luoyang) New Energy Co., Ltd., Jiujiang
Shengchao Xinye Technology Co., Ltd., Jiujiang
Shengzhao Xinye Trade Co., Ltd. Ruichang Branch,
and Risen Energy (HongKong) Co., Ltd.
(collectively, Risen).
4 Memorandum ‘‘Decision Memorandum for the
Preliminary Results of the 2017–2018 Antidumping
Duty Administrative Review of Crystalline Silicon
Photovoltaic Cells, Whether or not Assembled into
Modules, from the People’s Republic of China,’’
issued concurrently with and hereby adopted by
this notice (Preliminary Decision Memorandum).
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consisting of crystalline silicon
photovoltaic cells, whether or not
partially or fully assembled into other
products, including, but not limited to,
modules, laminates, panels and building
integrated materials.5 Merchandise
covered by this order is classifiable
under subheadings 8501.61.0000,
8507.20.80, 8541.40.6015, 8541.40.6020,
8541.40.6025, 8541.40.6030,
8541.40.6035, 8541.40.6045, and
8501.31.8000 of the Harmonized Tariff
Schedule of the United States
(HTSUS).6 Although the HTSUS
subheadings are provided for
convenience and customs purposes, our
written description of the scope of the
order is dispositive.
Preliminary Determination of No
Shipments
We preliminarily determine that there
is no evidence calling into question the
no-shipment claims of the following
companies: BYD (Shangluo) Industrial
Co., Ltd., LERRI Solar Technology Co.,
Ltd., Ningbo ETDZ Holdings, Ltd.,
Sumec Hardware & Tools Co., Ltd., and
Sunpreme Solar Technology (Jiaxing)
Co., Ltd. For additional information
regarding this preliminary
determination, see the Preliminary
Decision Memorandum.
Preliminary Affiliation and Single
Entity Determination
We preliminarily determine that
Risen Energy Co., Ltd. (Risen Energy),
Risen Energy (Changzhou) Co., Ltd.
(Changzhou), Risen (Wuhai) New
Energy Co., Ltd. (Wuhai), Zhejiang
Twinsel Electronic Technology Co., Ltd.
(Twinsel), Risen (Luoyang) New Energy
Co., Ltd. (Luoyang), Jiujiang Shengchao
Xinye Technology Co., Ltd. (Jiujiang),
Jiujiang Shengzhao Xinye Trade Co.,
Ltd. Ruichang Branch (Jiujiang
Ruichang Branch), and Risen Energy
(HongKong) Co., Ltd. (Hong Kong Risen)
(collectively, Risen) are affiliated
pursuant to section 771(33)(E) and (F) of
the Tariff Act of 1930, as amended (the
Act), and that all of these companies
should be treated as a single entity
pursuant to 19 CFR 351.401(f)(1)–(2).
For additional information, see the
Preliminary Decision Memorandum and
Risen Collapsing Memo.7
5 For a complete description of the scope of the
order, see Preliminary Decision Memorandum.
6 As detailed in the Memorandum, ‘‘Request from
Customs and Border Protection to Update the ACE
AD/CVD Case Reference File,’’ dated August 2,
2018, the HTS numbers concerning solar cells and
solar modules have been updated and we have
updated the scope accordingly.
7 Our affiliation and collapsing analysis is based
on information that has been designated business
proprietary information. For additional detail, see
Memorandum, ‘‘Affiliation and Single Entity Status
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We also preliminarily determine that
Trina Solar Co., Ltd. (formerly,
Changzhou Trina Solar Energy Co., Ltd.)
(TCZ), Trina Solar (Changzhou) Science
and Technology Co., Ltd. (TST),
Changzhou Trina Hezhong Photoelectric
Co., Ltd. (THZ), Yancheng Trina
Guoneng Photovoltaic Technology Co.,
Ltd (formerly, Yancheng Trina Solar
Energy Technology Co., Ltd.) (TYC),
Changzhou Trina Solar Yabang Energy
Co., Ltd. (TYB), Turpan Trina Solar
Energy Co., Ltd. (TLF), Hubei Trina
Solar Energy Co., Ltd. (THB), and Trina
Solar (Hefei) Science and Technology
Co., Ltd. (THFT) (collectively Trina) are
affiliated pursuant to sections 771(33)(E)
of the Act and all of these companies
should be treated as a single entity
pursuant to 19 CFR 351.401(f)(1)–(2).
For additional information, see the
Preliminary Decision Memorandum and
Trina Collapsing Memorandum.8
Use of Partial Facts Available (FA) and
Partial Adverse Facts Available (AFA)
Certain unaffiliated tollers of inputs
used to produce subject merchandise, as
well as certain unaffiliated suppliers of
solar cells and solar modules, failed to
provide factors of production (FOP) data
for use in calculating the weightedaverage dumping margins of Risen and
Trina. We preliminarily determine that
it is appropriate to apply AFA, pursuant
to section 776(a) and (b) of the Act, with
respect to the unreported FOPs for
purchased solar cells and solar modules.
These unreported FOPs for solar cells
and solar modules represent a material
amount of necessary FOP information.
However, in accordance with section
776(a)(1) of the Act, Commerce is
applying facts available with respect to
the unreported FOPs for the inputs used
by the unaffiliated tollers. For details
regarding these determinations, see the
Preliminary Decision Memorandum and
of Risen Energy Co. Ltd., Risen (Wuhai) New Energy
Co., Ltd., Zhejiang Twinsel Electronic Technology
Co., Ltd., Risen (Luoyang) New Energy Co., Ltd.,
Jiujiang Shengchao Xinye Technology Co., Ltd.,
Jiujiang Shengzhao Xinye Trade Co., Ltd. Ruichang
Branch, Risen Energy (HongKong) Co., Ltd. and
Risen Energy (Changzhou) Co., Ltd. (Changzhou),’’
issued concurrently with this memorandum.
8 Our affiliation and collapsing analysis is based
on information that has been designated business
proprietary information. For additional detail, see
Memorandum, ‘‘Affiliation and Single Entity Status
of Trina Solar Co., Ltd. (formerly, Changzhou Trina
Solar Energy Co., Ltd.), Trina Solar (Changzhou)
Science and Technology Co., Ltd., Yancheng Trina
Guoneng Photovoltaic Technology Co., Ltd
(formerly, Yancheng Trina Solar Energy Technology
Co., Ltd.), Changzhou Trina Solar Yabang Energy
Co., Ltd., Turpan Trina Solar Energy Co., Ltd.,
Hubei Trina Solar Energy Co., Ltd., Trina Solar
(Hefei) Science and Technology Co., Ltd., and
Changzhou Trina Hezhong Photoelectric Co., Ltd.,’’
issued concurrently with this memorandum.
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Risen and Trina’s Unreported FOP
Memoranda.9
Separate Rates
Commerce preliminarily determines
that the information placed on the
record by Risen and Trina, as well as by
the other companies listed in the rate
table in the ‘‘Preliminary Results of
Review’’ section below, demonstrates
that these companies are entitled to
separate rate status. Commerce
calculated rates for the mandatory
respondents, Risen and Trina, that are
not zero, de minimis, or based entirely
on facts available and calculated a rate
for the companies to which it granted
separate rates status, but which it did
not individually examine, as described
in the Separate Rate Calculation
Memorandum 10 and the Preliminary
Decision Memorandum.
Commerce preliminarily determines
that the following companies have not
demonstrated their entitlement to
separate rates status because they did
not file a separate rate application or
certification with Commerce:
1. De-Tech Trading Limited HK
2. Dongguan Sunworth Solar Energy Co.,
Ltd.
3. Eoplly New Energy Technology Co., Ltd.
4. ERA Solar Co., Ltd.
5. ET Solar Energy Limited
6. Hangzhou Sunny Energy Science and
Technology Co., Ltd.
7. Hengdian Group DMEGC Magnetics Co.,
Ltd.
8. Jiangsu High Hope Int’l Group
9. Jiawei Solarchina (Shenzhen) Co., Ltd.
10. LightWay Green New Energy Co., Ltd.
11. Ningbo Qixin Solar Electrical
Appliance Co., Ltd.
12. Systemes Versilis, Inc.
13. tenKsolar (Shanghai) Co., Ltd.
14. Toenergy Technology Hangzhou Co.,
Ltd.
15. Wuxi Suntech Power Co., Ltd/Luoyang
Suntech Power Co., Ltd.
16. Zhejiang ERA Solar Technology Co.,
Ltd.
Commerce is preliminarily treating
these companies as part of the Chinawide entity. Because no party requested
a review of the China-wide entity, the
entity is not under review and the
entity’s rate (i.e., 238.95 percent) is not
subject to change.11 For additional
information regarding Commerce’s
separate rates determinations, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(B) of the Act.
Commerce calculated export and
constructed export prices in accordance
with section 772 of the Act. Because
Commerce has determined that China is
a non-market economy country,12
within the meaning of section 771(18) of
the Act, Commerce calculated NV in
accordance with section 773(c) of the
Act.
For a full description of the
methodology underlying the
preliminary results of this review, see
the Preliminary Decision Memorandum.
The Preliminary Decision Memorandum
is a public document and is made
available to the public 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, a
complete version of the Preliminary
Decision Memorandum can be found at
https://enforcement.trade.gov/frn/. The
signed and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
Commerce preliminarily determines
that the following weighted-average
dumping margins exist for the POR:
Weightedaverage
dumping
margin
(percent)
Exporter
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Trina Solar Co., Ltd./Trina Solar (Changzhou) Science and Technology Co., Ltd./Yancheng Trina Guoneng Photovoltaic Technology Co., Ltd./Changzhou Trina Solar Yabang Energy Co., Ltd./Turpan Trina Solar Energy Co., Ltd./Hubei Trina Solar Energy Co., Ltd./Trina Solar (Hefei) Science and Technology Co., Ltd./Changzhou Trina Hezhong Photoelectric Co., Ltd ............
Risen Energy Co. Ltd./Risen (Wuhai) New Energy Co., Ltd./Zhejiang Twinsel Electronic Technology Co., Ltd./Risen (Luoyang)
New Energy Co., Ltd./Jiujiang Shengchao Xinye Technology Co., Ltd./Jiujiang Shengzhao Xinye Trade Co., Ltd./Ruichang
Branch, Risen Energy (HongKong) Co., Ltd ...................................................................................................................................
Anji DaSol Solar Energy Science & Technology Co., Ltd ..................................................................................................................
Canadian Solar International Limited/Canadian Solar Manufacturing (Changshu), Inc./Canadian Solar Manufacturing (Luoyang)
Inc./CSI Cells Co., Ltd./CSI–GCL Solar Manufacturing (YanCheng) Co., Ltd./CSI Solar Power (China) Inc. (Canadian Solar) ..
JA Solar Technology Yangzhou Co., Ltd ............................................................................................................................................
Jiawei Solarchina Co., Ltd ...................................................................................................................................................................
JingAo Solar Co., Ltd ..........................................................................................................................................................................
Jinko Solar Co., Ltd. (Jinko) ................................................................................................................................................................
Jinko Solar Import and Export Co., Ltd. (Jinko I&E) ...........................................................................................................................
Jinko Solar International Limited (Jinko Int’l) ......................................................................................................................................
Shanghai BYD Co., Ltd .......................................................................................................................................................................
Shanghai JA Solar Technology Co., Ltd .............................................................................................................................................
Shenzhen Portable Electronic Technology Co., Ltd ...........................................................................................................................
Shenzhen Sungold Solar Co., Ltd .......................................................................................................................................................
9 See Memorandum, ‘‘Unreported Factors of
Production: Risen Energy Co. Ltd.’’ and
‘‘Unreported Factors of Production: Trina Solar Co.,
Ltd..’’ issued concurrently with and hereby adopted
by this notice.
10 See Memorandum, ‘‘2017–2018 Administrative
Review of the Antidumping Duty Order on
Crystalline Silicon Photovoltaic Cells, Whether or
not Assembled into Modules, from the People’s
Republic of China: Calculation of the Dumping
Margin for Respondents Not Selected for Individual
Examination,’’ dated concurrently with this notice.
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11 The China-wide entity rate was last changed in
the first administrative review of this proceeding
and has been the applicable rate for the entity in
each subsequent review, including the one most
recently completed. See Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China: Final
Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments;
2012–2013, 80 FR 40998, 41002 (July 14, 2015)
(AR1 Final); see also Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China: Final
Results of Antidumping Duty Administrative
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Review and Final Determination of No Shipments;
2016–2017, 84 FR 36886, (July 30, 2019).
12 See Antidumping Duty Investigation of Certain
Aluminum Foil from the People’s Republic of
China: Affirmative Preliminary Determination of
Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861
(November 2, 2017) (citing Memorandum, ‘‘China’s
Status as a Non-Market Economy,’’ dated October
26, 2017 (China NME Status Memo)), unchanged in
Certain Aluminum Foil from the People’s Republic
of China: Final Determination of Sales at Less Than
Fair Value, 83 FR 9282 (March 5, 2018).
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Weightedaverage
dumping
margin
(percent)
Exporter
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Wuxi Tianran Photovoltaic Co., Ltd .....................................................................................................................................................
Yingli Energy (China) Company Limited/Baoding Tianwei Yingli New Energy Resources Co., Ltd./Tianjin Yingli New Energy Resources Co., Ltd./Hengshui Yingli New Energy Resources Co., Ltd./Lixian Yingli New Energy Resources Co., Ltd./Baoding
Jiasheng Photovoltaic Technology Co., Ltd./Beijing Tianneng Yingli New Energy Resources Co., Ltd./Hainan Yingli New Energy Resources Co., Ltd./Shenzhen Yingli New Energy Resources Co., Ltd ................................................................................
Zhejiang Jinko Solar Co., Ltd ..............................................................................................................................................................
Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company ........................................................................
Disclosure and Public Comment
Commerce intends to disclose to
parties the calculations performed for
these preliminary results of review
within five days of the date of
publication of this notice in the Federal
Register in accordance with 19 CFR
351.224(b). Interested parties may
submit case briefs no later than 30 days
after the date of publication of these
preliminary results of review.13 Rebuttal
briefs may be filed no later than five
days after case briefs are due and may
respond only to arguments raised in the
case briefs.14 A table of contents, list of
authorities used, and an executive
summary of issues should accompany
any briefs submitted to Commerce. The
summary should be limited to five pages
total, including footnotes.15
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, within 30
days after the date of publication of this
notice.16 Requests should contain the
party’s name, address, and telephone
number, the number of participants, and
a list of the issues to be discussed at the
hearing. Oral arguments at the hearing
will be limited to issues raised in the
briefs. If a request for a hearing is made,
Commerce intends to hold the hearing
at the U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230, at a date and
time to be determined.17 Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date of the hearing.
All submissions, with limited
exceptions, must be filed electronically
using ACCESS.18 An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS, by 5 p.m.
Eastern Time (ET) on the due date.
13 See
19 CFR 351.309(c)(ii).
19 CFR 351.309(d).
15 See 19 CFR 351.309(c)(2), (d)(2).
16 See 19 CFR 351.310(c).
17 See 19 CFR 351.310(d).
18 See generally 19 CFR 351.303.
14 See
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Documents excepted from the electronic
submission requirements must be filed
manually (i.e., in paper form) with the
APO/Dockets Unit in Room 18022 and
stamped with the date and time of
receipt by 5 p.m. ET on the due date.19
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results of review, pursuant
to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of
this review, Commerce will determine,
and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries covered by
this review.20 Commerce intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review. For each
individually examined respondent in
this review whose weighted-average
dumping margin in the final results of
review is not zero or de minimis (i.e.,
less than 0.5 percent), Commerce
intends to calculate importer-specific
assessment rates, in accordance with 19
CFR 351.212(b)(1).21 Where the
respondent reported reliable entered
values, Commerce intends to calculate
importer-specific ad valorem
assessment rates by aggregating the
amount of dumping calculated for all
U.S. sales to the importer and dividing
this amount by the total entered value
of the sales to the importer.22 Where the
respondent did not report entered
values, Commerce will calculate
importer-specific assessment rates by
19 See 19 CFR 351.303 (for general filing
requirements); Antidumping and Countervailing
Duty Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
20 See 19 CFR 351.212(b)(1).
21 See Antidumping Proceedings: Calculation of
the Weighted Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification).
22 See 19 CFR 351.212(b)(1).
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dividing the amount of dumping for
reviewed sales to the importer by the
total sales quantity associated with
those transactions. Commerce will
calculate an estimated ad valorem
importer-specific assessment rate to
determine whether the per-unit rate is
de minimis. However, Commerce will
direct CBP to assess importer-specific
assessment rates where the entered
value was not reported based on the
resulting per-unit rates.23 Where an
importer-specific ad valorem
assessment rate is not zero or de
minimis, Commerce will instruct CBP to
collect the appropriate duties at the time
of liquidation. Where either the
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer-specific ad valorem
assessment rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.24
Pursuant to Commerce’s refinement to
its practice, for sales that were not
reported in the U.S. sales database
submitted by an exporter individually
examined during this review, Commerce
will instruct CBP to liquidate such
merchandise at the rate for the Chinawide entity.25 Additionally, where
Commerce determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s CBP case number will be
liquidated at the rate for the China-wide
entity.
In accordance with section
751(a)(2)(C) of the Act, 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 and for future
deposits of estimated antidumping
duties, where applicable.
23 Id.
24 See
Final Modification, 77 FR at 8103.
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
25 See
E:\FR\FM\10FEN1.SGM
10FEN1
Federal Register / Vol. 85, No. 27 / Monday, February 10, 2020 / Notices
Cash Deposit Requirements
Commerce will instruct CBP to
require a cash deposit for antidumping
duties equal to the weighted-average
amount by which the NV exceeds U.S.
price. The following cash deposit
requirements will be effective for
shipments of the subject merchandise
from China entered, or withdrawn from
warehouse, for consumption on or after
the publication date of this notice, as
provided by section 751(a)(2)(C) of the
Act: (1) For the exporters listed above,
the cash deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
review (except, if the rate is de minimis
(i.e., less than 0.5 percent), then the cash
deposit rate will be zero for that
exporter); (2) for previously investigated
or reviewed Chinese and non-Chinese
exporters not listed above that have
separate rates, the cash deposit rate will
continue to be the exporter-specific rate
published for the most recently
completed segment of this proceeding;
(3) for all Chinese exporters of subject
merchandise which have not been
found to be entitled to a separate rate,
the cash deposit rate will be the rate for
the China-wide entity (i.e., 238.95
percent); 26 and (4) for all non-Chinese
exporters of subject merchandise that
have not received their own rate, the
cash deposit rate will be the rate
applicable to China exporter that
supplied that non-Chinese exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
jbell on DSKJLSW7X2PROD with NOTICES
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 and/or
countervailing duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
and/or countervailing duties has
occurred, and the subsequent
assessment of double antidumping
duties and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213 and 351.221(b)(4).
26 See
AR1 Final, 80 FR at 41002.
VerDate Sep<11>2014
16:58 Feb 07, 2020
Jkt 250001
Dated: January 31, 2020.
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. Preliminary Determination of No
Shipments
V. Selection of Respondents
VI. Single Entity Treatment
VII. Discussion of the Methodology
VIII. Recommendation
[FR Doc. 2020–02563 Filed 2–7–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–858]
Certain Carbon and Alloy Steel Cut-ToLength Plate From Taiwan: Notice of
Court Decision Not in Harmony With
Final Determination of Antidumping
Duty Investigation; and Amended Final
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 9, 2020, the
United States Court of International
Trade (the Court) sustained the final
results of redetermination pertaining to
the antidumping duty (AD)
investigation of certain carbon and alloy
steel cut-to-length plate (CTL plate)
from Taiwan. The Department of
Commerce (Commerce) is notifying the
public that the final judgment in this
case is not in harmony with the
Amended Final Determination in the
investigation of CTL plate from Taiwan,
and that Commerce is amending the
Amended Final Determination with
respect to the application of partial
adverse facts available (AFA) in making
our difference-in-merchandise
adjustment.
DATES: Applicable January 19, 2020.
FOR FURTHER INFORMATION CONTACT: Paul
Walker, AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0413.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 4, 2017, Commerce
published the Final Determination of
the AD investigation of CTL plate from
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
7535
Taiwan, in which Commerce applied
partial AFA to China Steel Corporation
(China Steel) because: (a) It failed to
provide requested information by the
established deadlines or in the form and
manner requested by Commerce; (b) it
provided information in its
questionnaire responses that we could
not verify as accurate because our
verification revealed errors and failures
in China Steel’s cost reporting; and (c)
its conduct significantly impeded the
investigation.1 Moreover, we found that
China Steel failed to cooperate by not
acting to the best of its ability to comply
with Commerce’s request for
information by not providing timely and
accurate cost data for certain control
numbers (CONNUMs), and as such, that
the application of partial AFA was
warranted.2 The Final Determination
and Amended Final Determination were
appealed to the Court by China Steel,
and on August 6, 2019, the Court held
that Commerce could not apply an
adverse inference when calculating
costs specifically related to the physical
differences of China Steel’s products,
and remanded the Amended Final
Determination for a redetermination
consistent with the Court’s opinion.3 In
accordance with the Court’s Remand
Order, Commerce recalculated a rate for
China Steel.4 On January 9, 2020, the
Court sustained Commerce’s Remand
Redetermination.5 Therefore, the
effective date of this notice is January
19, 2020.
1 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Taiwan: Final Determination of
Sales at Less Than Fair Value and Final Negative
Determination of Critical Circumstances, 82 FR
16372 (April 4, 2017) (Final Determination), and
accompanying Issues and Decision Memorandum
(IDM) at Comment 1; see also Certain Carbon and
Alloy Steel Cut-To-Length Plate from Austria,
Belgium, France, the Federal Republic of Germany,
Italy, Japan, the Republic of Korea, and Taiwan:
Amended Final Affirmative Antidumping
Determinations for France, the Federal Republic of
Germany, the Republic of Korea and Taiwan, and
Antidumping Duty Orders, 82 FR 24096 (May 25,
2017) (Amended Final Determination), and
accompanying Memorandum, ‘‘Amended Final
Determination of the Less-Than-Fair-Value
Investigation of Carbon and Alloy Steel Cut-toLength Plate from Taiwan: Allegation of Ministerial
Error for China Steel Corporation.’’
2 Id.
3 See China Steel Corp. v. United States, Consol.
Court No. 17–00152 (August 6, 2019) (Remand
Order).
4 See Final Results of Redetermination Pursuant
to China Steel Corp. v. United States, Consol. Court
No. 17–00152, Slip. Op. 19–106 (CIT August 6,
2019), dated December 3, 2019 (Remand
Redetermination).
5 See China Steel Corp. v. United States, Court
No. 17–152, Slip Op. 20–5 (CIT January 9, 2020).
E:\FR\FM\10FEN1.SGM
10FEN1
]]>Agencies
[Federal Register Volume 85, Number 27 (Monday, February 10, 2020)]
[Notices]
[Pages 7531-7535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02563]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-979]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Preliminary Results
of Antidumping Duty Administrative Review and Preliminary Determination
of No Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers and/or exporters subject to this administrative review
made sales of subject merchandise at less than normal value in the
United States. Interested parties are invited to comment on these
preliminary results of review.
DATES: Applicable February 10, 2020.
FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401
[[Page 7532]]
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
2769.
SUPPLEMENTARY INFORMATION:
Background
This administrative review is being conducted in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act). On
March 14, 2019, in response to review requests from multiple interested
parties, Commerce initiated an administrative review of the antidumping
duty order on crystalline silicon photovoltaic cells, whether or not
assembled into modules (solar cells), from the People's Republic of
China (China).\1\ The period of review (POR) is December 1, 2017
through November 30, 2018. On May 6, 2019, Commerce selected two
exporters to individually examine as mandatory respondents, Trina \2\
and Risen.\3\ During the course of this review, the mandatory
respondents filed responses to Commerce's questionnaire and
supplemental questionnaires, the petitioner (SolarWorld Americas Inc.)
commented on those responses, and multiple other companies for which
Commerce initiated the review filed either no-shipment claims or
applications or certifications for separate rates status. For details
regarding the events that occurred subsequent to the initiation of the
review, see the Issues and Decision Memorandum.\4\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 9297 (March 14, 2019).
\2\ Trina refers to the following companies which Commerce is
treating as a single entity: Trina Solar Co., Ltd. (formerly,
Changzhou Trina Solar Energy Co., Ltd.), Trina Solar (Changzhou)
Science and Technology Co., Ltd., Yancheng Trina Guoneng
Photovoltaic Technology Co., Ltd (formerly, Yancheng Trina Solar
Energy Technology Co., Ltd.), Changzhou Trina Solar Yabang Energy
Co., Ltd., Turpan Trina Solar Energy Co., Ltd., Hubei Trina Solar
Energy Co., Ltd., Trina Solar (Hefei) Science and Technology Co.,
Ltd., and Changzhou Trina Hezhong Photoelectric Co., Ltd.
(collectively, Trina).
\3\ Risen refers to the following companies which Commerce is
treating as a single entity: Risen Energy Co., Ltd., Risen (Wuhai)
New Energy Co., Ltd., Zhejiang Twinsel Electronic Technology Co.,
Ltd., Risen (Luoyang) New Energy Co., Ltd., Jiujiang Shengchao Xinye
Technology Co., Ltd., Jiujiang Shengzhao Xinye Trade Co., Ltd.
Ruichang Branch, and Risen Energy (HongKong) Co., Ltd.
(collectively, Risen).
\4\ Memorandum ``Decision Memorandum for the Preliminary Results
of the 2017-2018 Antidumping Duty Administrative Review of
Crystalline Silicon Photovoltaic Cells, Whether or not Assembled
into Modules, from the People's Republic of China,'' issued
concurrently with and hereby adopted by this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order is crystalline silicon
photovoltaic cells, and modules, laminates, and panels, consisting of
crystalline silicon photovoltaic cells, whether or not partially or
fully assembled into other products, including, but not limited to,
modules, laminates, panels and building integrated materials.\5\
Merchandise covered by this order is classifiable under subheadings
8501.61.0000, 8507.20.80, 8541.40.6015, 8541.40.6020, 8541.40.6025,
8541.40.6030, 8541.40.6035, 8541.40.6045, and 8501.31.8000 of the
Harmonized Tariff Schedule of the United States (HTSUS).\6\ Although
the HTSUS subheadings are provided for convenience and customs
purposes, our written description of the scope of the order is
dispositive.
---------------------------------------------------------------------------
\5\ For a complete description of the scope of the order, see
Preliminary Decision Memorandum.
\6\ As detailed in the Memorandum, ``Request from Customs and
Border Protection to Update the ACE AD/CVD Case Reference File,''
dated August 2, 2018, the HTS numbers concerning solar cells and
solar modules have been updated and we have updated the scope
accordingly.
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
We preliminarily determine that there is no evidence calling into
question the no-shipment claims of the following companies: BYD
(Shangluo) Industrial Co., Ltd., LERRI Solar Technology Co., Ltd.,
Ningbo ETDZ Holdings, Ltd., Sumec Hardware & Tools Co., Ltd., and
Sunpreme Solar Technology (Jiaxing) Co., Ltd. For additional
information regarding this preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Affiliation and Single Entity Determination
We preliminarily determine that Risen Energy Co., Ltd. (Risen
Energy), Risen Energy (Changzhou) Co., Ltd. (Changzhou), Risen (Wuhai)
New Energy Co., Ltd. (Wuhai), Zhejiang Twinsel Electronic Technology
Co., Ltd. (Twinsel), Risen (Luoyang) New Energy Co., Ltd. (Luoyang),
Jiujiang Shengchao Xinye Technology Co., Ltd. (Jiujiang), Jiujiang
Shengzhao Xinye Trade Co., Ltd. Ruichang Branch (Jiujiang Ruichang
Branch), and Risen Energy (HongKong) Co., Ltd. (Hong Kong Risen)
(collectively, Risen) are affiliated pursuant to section 771(33)(E) and
(F) of the Tariff Act of 1930, as amended (the Act), and that all of
these companies should be treated as a single entity pursuant to 19 CFR
351.401(f)(1)-(2). For additional information, see the Preliminary
Decision Memorandum and Risen Collapsing Memo.\7\
---------------------------------------------------------------------------
\7\ Our affiliation and collapsing analysis is based on
information that has been designated business proprietary
information. For additional detail, see Memorandum, ``Affiliation
and Single Entity Status of Risen Energy Co. Ltd., Risen (Wuhai) New
Energy Co., Ltd., Zhejiang Twinsel Electronic Technology Co., Ltd.,
Risen (Luoyang) New Energy Co., Ltd., Jiujiang Shengchao Xinye
Technology Co., Ltd., Jiujiang Shengzhao Xinye Trade Co., Ltd.
Ruichang Branch, Risen Energy (HongKong) Co., Ltd. and Risen Energy
(Changzhou) Co., Ltd. (Changzhou),'' issued concurrently with this
memorandum.
---------------------------------------------------------------------------
We also preliminarily determine that Trina Solar Co., Ltd.
(formerly, Changzhou Trina Solar Energy Co., Ltd.) (TCZ), Trina Solar
(Changzhou) Science and Technology Co., Ltd. (TST), Changzhou Trina
Hezhong Photoelectric Co., Ltd. (THZ), Yancheng Trina Guoneng
Photovoltaic Technology Co., Ltd (formerly, Yancheng Trina Solar Energy
Technology Co., Ltd.) (TYC), Changzhou Trina Solar Yabang Energy Co.,
Ltd. (TYB), Turpan Trina Solar Energy Co., Ltd. (TLF), Hubei Trina
Solar Energy Co., Ltd. (THB), and Trina Solar (Hefei) Science and
Technology Co., Ltd. (THFT) (collectively Trina) are affiliated
pursuant to sections 771(33)(E) of the Act and all of these companies
should be treated as a single entity pursuant to 19 CFR 351.401(f)(1)-
(2). For additional information, see the Preliminary Decision
Memorandum and Trina Collapsing Memorandum.\8\
---------------------------------------------------------------------------
\8\ Our affiliation and collapsing analysis is based on
information that has been designated business proprietary
information. For additional detail, see Memorandum, ``Affiliation
and Single Entity Status of Trina Solar Co., Ltd. (formerly,
Changzhou Trina Solar Energy Co., Ltd.), Trina Solar (Changzhou)
Science and Technology Co., Ltd., Yancheng Trina Guoneng
Photovoltaic Technology Co., Ltd (formerly, Yancheng Trina Solar
Energy Technology Co., Ltd.), Changzhou Trina Solar Yabang Energy
Co., Ltd., Turpan Trina Solar Energy Co., Ltd., Hubei Trina Solar
Energy Co., Ltd., Trina Solar (Hefei) Science and Technology Co.,
Ltd., and Changzhou Trina Hezhong Photoelectric Co., Ltd.,'' issued
concurrently with this memorandum.
---------------------------------------------------------------------------
Use of Partial Facts Available (FA) and Partial Adverse Facts Available
(AFA)
Certain unaffiliated tollers of inputs used to produce subject
merchandise, as well as certain unaffiliated suppliers of solar cells
and solar modules, failed to provide factors of production (FOP) data
for use in calculating the weighted-average dumping margins of Risen
and Trina. We preliminarily determine that it is appropriate to apply
AFA, pursuant to section 776(a) and (b) of the Act, with respect to the
unreported FOPs for purchased solar cells and solar modules. These
unreported FOPs for solar cells and solar modules represent a material
amount of necessary FOP information. However, in accordance with
section 776(a)(1) of the Act, Commerce is applying facts available with
respect to the unreported FOPs for the inputs used by the unaffiliated
tollers. For details regarding these determinations, see the
Preliminary Decision Memorandum and
[[Page 7533]]
Risen and Trina's Unreported FOP Memoranda.\9\
---------------------------------------------------------------------------
\9\ See Memorandum, ``Unreported Factors of Production: Risen
Energy Co. Ltd.'' and ``Unreported Factors of Production: Trina
Solar Co., Ltd..'' issued concurrently with and hereby adopted by
this notice.
---------------------------------------------------------------------------
Separate Rates
Commerce preliminarily determines that the information placed on
the record by Risen and Trina, as well as by the other companies listed
in the rate table in the ``Preliminary Results of Review'' section
below, demonstrates that these companies are entitled to separate rate
status. Commerce calculated rates for the mandatory respondents, Risen
and Trina, that are not zero, de minimis, or based entirely on facts
available and calculated a rate for the companies to which it granted
separate rates status, but which it did not individually examine, as
described in the Separate Rate Calculation Memorandum \10\ and the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\10\ See Memorandum, ``2017-2018 Administrative Review of the
Antidumping Duty Order on Crystalline Silicon Photovoltaic Cells,
Whether or not Assembled into Modules, from the People's Republic of
China: Calculation of the Dumping Margin for Respondents Not
Selected for Individual Examination,'' dated concurrently with this
notice.
---------------------------------------------------------------------------
Commerce preliminarily determines that the following companies have
not demonstrated their entitlement to separate rates status because
they did not file a separate rate application or certification with
Commerce:
1. De-Tech Trading Limited HK
2. Dongguan Sunworth Solar Energy Co., Ltd.
3. Eoplly New Energy Technology Co., Ltd.
4. ERA Solar Co., Ltd.
5. ET Solar Energy Limited
6. Hangzhou Sunny Energy Science and Technology Co., Ltd.
7. Hengdian Group DMEGC Magnetics Co., Ltd.
8. Jiangsu High Hope Int'l Group
9. Jiawei Solarchina (Shenzhen) Co., Ltd.
10. LightWay Green New Energy Co., Ltd.
11. Ningbo Qixin Solar Electrical Appliance Co., Ltd.
12. Systemes Versilis, Inc.
13. tenKsolar (Shanghai) Co., Ltd.
14. Toenergy Technology Hangzhou Co., Ltd.
15. Wuxi Suntech Power Co., Ltd/Luoyang Suntech Power Co., Ltd.
16. Zhejiang ERA Solar Technology Co., Ltd.
Commerce is preliminarily treating these companies as part of the
China-wide entity. Because no party requested a review of the China-
wide entity, the entity is not under review and the entity's rate
(i.e., 238.95 percent) is not subject to change.\11\ For additional
information regarding Commerce's separate rates determinations, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\11\ The China-wide entity rate was last changed in the first
administrative review of this proceeding and has been the applicable
rate for the entity in each subsequent review, including the one
most recently completed. See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2012-2013, 80 FR 40998, 41002
(July 14, 2015) (AR1 Final); see also Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into Modules, from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments; 2016-
2017, 84 FR 36886, (July 30, 2019).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) of the Act. Commerce calculated export and
constructed export prices in accordance with section 772 of the Act.
Because Commerce has determined that China is a non-market economy
country,\12\ within the meaning of section 771(18) of the Act, Commerce
calculated NV in accordance with section 773(c) of the Act.
---------------------------------------------------------------------------
\12\ See Antidumping Duty Investigation of Certain Aluminum Foil
from the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861 (November 2, 2017) (citing
Memorandum, ``China's Status as a Non-Market Economy,'' dated
October 26, 2017 (China NME Status Memo)), unchanged in Certain
Aluminum Foil from the People's Republic of China: Final
Determination of Sales at Less Than Fair Value, 83 FR 9282 (March 5,
2018).
---------------------------------------------------------------------------
For a full description of the methodology underlying the
preliminary results of this review, see the Preliminary Decision
Memorandum. The Preliminary Decision Memorandum is a public document
and is made available to the public 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, a complete
version of the Preliminary Decision Memorandum can be found at https://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Trina Solar Co., Ltd./Trina Solar (Changzhou) Science 46.64
and Technology Co., Ltd./Yancheng Trina Guoneng
Photovoltaic Technology Co., Ltd./Changzhou Trina Solar
Yabang Energy Co., Ltd./Turpan Trina Solar Energy Co.,
Ltd./Hubei Trina Solar Energy Co., Ltd./Trina Solar
(Hefei) Science and Technology Co., Ltd./Changzhou
Trina Hezhong Photoelectric Co., Ltd...................
Risen Energy Co. Ltd./Risen (Wuhai) New Energy Co., Ltd./ 75.23
Zhejiang Twinsel Electronic Technology Co., Ltd./Risen
(Luoyang) New Energy Co., Ltd./Jiujiang Shengchao Xinye
Technology Co., Ltd./Jiujiang Shengzhao Xinye Trade
Co., Ltd./Ruichang Branch, Risen Energy (HongKong) Co.,
Ltd....................................................
Anji DaSol Solar Energy Science & Technology Co., Ltd... 60.94
Canadian Solar International Limited/Canadian Solar 60.94
Manufacturing (Changshu), Inc./Canadian Solar
Manufacturing (Luoyang) Inc./CSI Cells Co., Ltd./CSI-
GCL Solar Manufacturing (YanCheng) Co., Ltd./CSI Solar
Power (China) Inc. (Canadian Solar)....................
JA Solar Technology Yangzhou Co., Ltd................... 60.94
Jiawei Solarchina Co., Ltd.............................. 60.94
JingAo Solar Co., Ltd................................... 60.94
Jinko Solar Co., Ltd. (Jinko)........................... 60.94
Jinko Solar Import and Export Co., Ltd. (Jinko I&E)..... 60.94
Jinko Solar International Limited (Jinko Int'l)......... 60.94
Shanghai BYD Co., Ltd................................... 60.94
Shanghai JA Solar Technology Co., Ltd................... 60.94
Shenzhen Portable Electronic Technology Co., Ltd........ 60.94
Shenzhen Sungold Solar Co., Ltd......................... 60.94
[[Page 7534]]
Wuxi Tianran Photovoltaic Co., Ltd...................... 60.94
Yingli Energy (China) Company Limited/Baoding Tianwei 60.94
Yingli New Energy Resources Co., Ltd./Tianjin Yingli
New Energy Resources Co., Ltd./Hengshui Yingli New
Energy Resources Co., Ltd./Lixian Yingli New Energy
Resources Co., Ltd./Baoding Jiasheng Photovoltaic
Technology Co., Ltd./Beijing Tianneng Yingli New Energy
Resources Co., Ltd./Hainan Yingli New Energy Resources
Co., Ltd./Shenzhen Yingli New Energy Resources Co., Ltd
Zhejiang Jinko Solar Co., Ltd........................... 60.94
Zhejiang Sunflower Light Energy Science & Technology 60.94
Limited Liability Company..............................
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose to parties the calculations performed
for these preliminary results of review within five days of the date of
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b). Interested parties may submit case briefs no later
than 30 days after the date of publication of these preliminary results
of review.\13\ Rebuttal briefs may be filed no later than five days
after case briefs are due and may respond only to arguments raised in
the case briefs.\14\ A table of contents, list of authorities used, and
an executive summary of issues should accompany any briefs submitted to
Commerce. The summary should be limited to five pages total, including
footnotes.\15\
---------------------------------------------------------------------------
\13\ See 19 CFR 351.309(c)(ii).
\14\ See 19 CFR 351.309(d).
\15\ See 19 CFR 351.309(c)(2), (d)(2).
---------------------------------------------------------------------------
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, within 30 days after the date
of publication of this notice.\16\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed at the hearing. Oral arguments at
the hearing will be limited to issues raised in the briefs. If a
request for a hearing is made, Commerce intends to hold the hearing at
the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230, at a date and time to be determined.\17\ Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date of the hearing.
---------------------------------------------------------------------------
\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
All submissions, with limited exceptions, must be filed
electronically using ACCESS.\18\ An electronically filed document must
be received successfully in its entirety by Commerce's electronic
records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due date.
Documents excepted from the electronic submission requirements must be
filed manually (i.e., in paper form) with the APO/Dockets Unit in Room
18022 and stamped with the date and time of receipt by 5 p.m. ET on the
due date.\19\
---------------------------------------------------------------------------
\18\ See generally 19 CFR 351.303.
\19\ See 19 CFR 351.303 (for general filing requirements);
Antidumping and Countervailing Duty Proceedings: Electronic Filing
Procedures; Administrative Protective Order Procedures, 76 FR 39263
(July 6, 2011).
---------------------------------------------------------------------------
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\20\ Commerce intends to issue assessment instructions to CBP 15
days after the publication date of the final results of this review.
For each individually examined respondent in this review whose
weighted-average dumping margin in the final results of review is not
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to
calculate importer-specific assessment rates, in accordance with 19 CFR
351.212(b)(1).\21\ Where the respondent reported reliable entered
values, Commerce intends to calculate importer-specific ad valorem
assessment rates by aggregating the amount of dumping calculated for
all U.S. sales to the importer and dividing this amount by the total
entered value of the sales to the importer.\22\ Where the respondent
did not report entered values, Commerce will calculate importer-
specific assessment rates by dividing the amount of dumping for
reviewed sales to the importer by the total sales quantity associated
with those transactions. Commerce will calculate an estimated ad
valorem importer-specific assessment rate to determine whether the per-
unit rate is de minimis. However, Commerce will direct CBP to assess
importer-specific assessment rates where the entered value was not
reported based on the resulting per-unit rates.\23\ Where an importer-
specific ad valorem assessment rate is not zero or de minimis, Commerce
will instruct CBP to collect the appropriate duties at the time of
liquidation. Where either the respondent's weighted average dumping
margin is zero or de minimis, or an importer-specific ad valorem
assessment rate is zero or de minimis, Commerce will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\24\
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\20\ See 19 CFR 351.212(b)(1).
\21\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
\22\ See 19 CFR 351.212(b)(1).
\23\ Id.
\24\ See Final Modification, 77 FR at 8103.
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Pursuant to Commerce's refinement to its practice, for sales that
were not reported in the U.S. sales database submitted by an exporter
individually examined during this review, Commerce will instruct CBP to
liquidate such merchandise at the rate for the China-wide entity.\25\
Additionally, where Commerce determines that an exporter under review
had no shipments of the subject merchandise, any suspended entries that
entered under that exporter's CBP case number will be liquidated at the
rate for the China-wide entity.
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\25\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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In accordance with section 751(a)(2)(C) of the Act, 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 and for future deposits of estimated antidumping
duties, where applicable.
[[Page 7535]]
Cash Deposit Requirements
Commerce will instruct CBP to require a cash deposit for
antidumping duties equal to the weighted-average amount by which the NV
exceeds U.S. price. The following cash deposit requirements will be
effective for shipments of the subject merchandise from China entered,
or withdrawn from warehouse, for consumption on or after the
publication date of this notice, as provided by section 751(a)(2)(C) of
the Act: (1) For the exporters listed above, the cash deposit rate will
be equal to the weighted-average dumping margin established in the
final results of this review (except, if the rate is de minimis (i.e.,
less than 0.5 percent), then the cash deposit rate will be zero for
that exporter); (2) for previously investigated or reviewed Chinese and
non-Chinese exporters not listed above that have separate rates, the
cash deposit rate will continue to be the exporter-specific rate
published for the most recently completed segment of this proceeding;
(3) for all Chinese exporters of subject merchandise which have not
been found to be entitled to a separate rate, the cash deposit rate
will be the rate for the China-wide entity (i.e., 238.95 percent); \26\
and (4) for all non-Chinese exporters of subject merchandise that have
not received their own rate, the cash deposit rate will be the rate
applicable to China exporter that supplied that non-Chinese exporter.
These deposit requirements, when imposed, shall remain in effect until
further notice.
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\26\ See AR1 Final, 80 FR at 41002.
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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 and/or countervailing
duties prior to liquidation of the relevant entries during this POR.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping duties and/or
countervailing duties has occurred, and the subsequent assessment of
double antidumping duties and/or an increase in the amount of
antidumping duties by the amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and
351.221(b)(4).
Dated: January 31, 2020.
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. Preliminary Determination of No Shipments
V. Selection of Respondents
VI. Single Entity Treatment
VII. Discussion of the Methodology
VIII. Recommendation
[FR Doc. 2020-02563 Filed 2-7-20; 8:45 am]
BILLING CODE 3510-DS-P
