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]

Download as PDF 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, Washington, DC 20230. Statements will be provided to the members in advance of the meeting for consideration and also will be posted on the Council website (http://trade.gov/ pac-dbia). Any business proprietary information should be clearly designated as such. All statements received, including attachments and other supporting materials, are part of the public record and subject to public 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 http://trade.gov/pac-dbia. [FR Doc. 2020–02546 Filed 2–7–20; 8:45 am] jbell on DSKJLSW7X2PROD with NOTICES 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 VerDate Sep<11>2014 16:58 Feb 07, 2020 Jkt 250001 7531 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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: E:\FR\FM\10FEN1.SGM 10FEN1 7532 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 jbell on DSKJLSW7X2PROD with NOTICES 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). VerDate Sep<11>2014 16:58 Feb 07, 2020 Jkt 250001 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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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. E:\FR\FM\10FEN1.SGM 10FEN1 7533 Federal Register / Vol. 85, No. 27 / Monday, February 10, 2020 / Notices 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 jbell on DSKJLSW7X2PROD with NOTICES 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. VerDate Sep<11>2014 16:58 Feb 07, 2020 Jkt 250001 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 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 46.64 75.23 60.94 60.94 60.94 60.94 60.94 60.94 60.94 60.94 60.94 60.94 60.94 60.94 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). E:\FR\FM\10FEN1.SGM 10FEN1 7534 Federal Register / Vol. 85, No. 27 / Monday, February 10, 2020 / Notices Weightedaverage dumping margin (percent) Exporter jbell on DSKJLSW7X2PROD with NOTICES 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 VerDate Sep<11>2014 16:58 Feb 07, 2020 Jkt 250001 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). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 60.94 60.94 60.94 60.94 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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \25\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \26\ See AR1 Final, 80 FR at 41002.
---------------------------------------------------------------------------

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