Certain Crystalline Silicon Photovoltaic Products From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019, 16615-16617 [2020-06110]

Download as PDF Federal Register / Vol. 85, No. 57 / Tuesday, March 24, 2020 / Notices administrative review; (2) for merchandise exported by producers or exporters not covered in this review but covered in a prior completed segment of the proceeding, the cash deposit rate will continue to be the companyspecific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the producer has been covered in a prior complete segment of this proceeding, then the cash deposit rate will be the rate established for the most recent period for the producer of the merchandise; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 3.66 percent,6 the all-others rate from the Amended Final Determination. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties lotter on DSKBCFDHB2PROD with NOTICES We are issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5). 6 See Corrosion-Resistant Steel Products from Taiwan: Notice of Court Decision Not in Harmony with Final Determination of Antidumping Duty Investigation and Notice of Amended Final Determination of Investigation, 84 FR 6129 (February 26, 2019) (Amended Final Determination). VerDate Sep<11>2014 17:34 Mar 23, 2020 Jkt 250001 Dated: March 10, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Treatment of Section 232 Duties Paid by Prosperity Comment 2: Application of Differential Pricing Methodology to Prosperity’s U.S. Sales Comment 3: Universe of Constructed Export Price (CEP) Sales for SYSCO Comment 4: SYSCO’s Categorization of Sales as U.S. or Home Market Comment 5: SYSCO’s Costs on Arm’sLength Basis Comment 6: SYSCO’s Prime and NonPrime Sales Comment 7: Interest Revenue Cap—SYSCO Comment 8: Yieh Phui’s U.S. Date of Sale and Shipment Dates Comment 9: Ministerial Error and Other Issues VI. Recommendation [FR Doc. 2020–05487 Filed 3–23–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–853] Certain Crystalline Silicon Photovoltaic Products From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that producers or exporters of certain crystalline silicon photovoltaic products (solar products) from Taiwan sold subject merchandise at less than normal value in the United States during the period of review (POR), February 1, 2018 through January 31, 2019. AGENCY: DATES: Applicable March 24, 2020. FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3936. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 16615 Background This review covers 36 producers or exporters. Commerce selected two companies, Motech Industries Inc. (Motech), and the collapsed entity that combined Sino-American Silicon Products Inc., Solartech Energy Corp, and Sunshine PV Corporation (collectively SAS–SEC), for individual examination. The producers or exporters not selected for individual examination are listed in the ‘‘Final Results of the Review’’ section of this notice. On December 26, 2019, Commerce published the Preliminary Results.1 On January 21, 2020 and January 27, 2020, we received case briefs from Win Precision Technology Co., Ltd. (Win Win) 2 and Peimar Industries Srl., (Peimar) 3 respectively. We received no rebuttal briefs. Scope of the Order The merchandise covered by this order is crystalline silicon photovoltaic cells, and modules, laminates and/or panels consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including building integrated materials. Merchandise covered by this order is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope is dispositive. For a complete description of the scope of the order, see Appendix I of this notice. Analysis of Comments Received All issues raised in the case and rebuttal briefs are listed in Appendix II to this notice and addressed in the IDM.4 Interested parties can find a 1 See Certain Crystalline Silicon Photovoltaic Products From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2018– 2019, 84 FR 70943 (December 26, 2019) (Preliminary Results). 2 See Win Win’s Letter, ‘‘Certain Crystalline Silicon Photovoltaic Products from Taiwan: Case Brief,’’ dated January 21, 2020. 3 See Peimar’s Letter, ‘‘Certain Crystalline Silicon Photovoltaic Products from Taiwan: Case Brief,’’ dated January 27, 2020. 4 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2018– 2019 Administrative Review of the Antidumping Duty Order on Certain Crystalline Silicon Photovoltaic Products from Taiwan’’ (IDM), dated Continued E:\FR\FM\24MRN1.SGM 24MRN1 16616 Federal Register / Vol. 85, No. 57 / Tuesday, March 24, 2020 / Notices complete discussion of these issues and the corresponding recommendations in this public memorandum, which is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and ACCESS is also available to all interested parties in the Central Records Unit, Room B8024, of the main Commerce building. In addition, a complete version of the IDM can be accessed directly at http:// enforcement.trade.gov/frn/index.html. The signed IDM and the electronic version of the IDM are identical in content. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our Preliminary Results, we made no changes to the weighted-average dumping margin for SAS–SEC or any other respondent presented in the Preliminary Results. However, we: (1) Corrected the name of Win Win in the rate table presented in the Preliminary Results; 5 and (2) added certain company-specific third-country case numbers presented in draft U.S. Customs and Border Protection (CBP) instructions that we released for comment.6 Determination of No Shipments As noted in the Preliminary Results, we received no-shipment claims from seven companies, and we preliminarily determined that these seven companies had no shipments during the POR.7 We received no comments from interested parties with respect to these claims. Therefore, because record evidence indicates that these seven companies had no entries of subject merchandise to the United States during the POR, we continue to find that they had no shipments during the POR. Consistent with our practice, we will issue appropriate instructions to CBP based on our final results. lotter on DSKBCFDHB2PROD with NOTICES Final Rates for Non-Examined Companies The statute and Commerce’s regulations do not address the establishment of a rate to be applied to concurrently with, and hereby adopted by, this notice. 5 See IDM at Comment 1. 6 See IDM at Comment 2. 7 See Preliminary Results, 84 FR at 70944. These companies are AU Optronics Corporation, Canadian Solar Inc., Canadian Solar International Limited, Canadian Solar Manufacturing (Changshu), Inc., Canadian Solar Manufacturing (Luoyang), Inc., Motech Industries Ltd., and Vina Solar Technology Co., Ltd. VerDate Sep<11>2014 17:34 Mar 23, 2020 Jkt 250001 companies not selected for examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in a market-economy investigation, for guidance when calculating the rate for companies which were not selected for individual review in an administrative review. Under section 735(c)(5)(A) of the Act, the all-others rate is normally ‘‘an amount equal to the weighted average of the estimated weighted average dumping margins established for exporters and producers individually investigated, excluding any zero or de minimis margins, and any margins determined entirely {on the basis of facts available}.’’ In this review, we have a calculated a weighted-average dumping margin for SAS–SEC that is not zero, de minimis, or determined entirely on the basis of facts available. Accordingly, Commerce assigns to the companies not individually examined the 2.57 percent weighted-average dumping margin calculated for SAS–SEC. Final Results of the Review We are assigning the following weighted-average dumping margins to the firms listed below for the period February 1, 2018 through January 31, 2019. Exporter/producer Estimated weightedaverage dumping margin (percent) Exporter/producer Beijing Tianneng Yingli New Energy Resources Co. Ltd .......... Boviet Solar Technology Co., Ltd Canadian Solar Solutions Inc ..... EEPV Corp ................................. E–TON Solar Tech. Co., Ltd ...... Gintech Energy Corporation ....... Hainan Yingli New Energy Resources Co., Ltd ...................... Hengshui Yingli New Energy Resources Co., Ltd ...................... Inventec Energy Corporation ...... Inventec Solar Energy Corporation .......................................... KOOTATU Tech. Corp ............... Kyocera Mexicana S.A. de C.V .. Lixian Yingli New Energy Resources Co., Ltd ...................... Lof Solar Corp ............................ Mega Sunergy Co., Ltd .............. Ming Hwei Energy Co., Ltd ........ Neo Solar Power Corporation .... Shenzhen Yingli New Energy Resources Co., Ltd ................. Sunengine Corporation Ltd ........ Sunrise Global Solar Energy ...... Tianjin Yingli New Energy Resources Co., Ltd ...................... TSEC Corporation ...................... United Renewable Energy Co., Ltd ........................................... Win Win Precision Technology Co., Ltd ................................... Yingli Energy (China) Co., Ltd ... Yingli Green Energy International Trading Company Limited ..................................... Estimated weightedaverage dumping margin (percent) 2.57 2.57 2.57 2.57 2.57 2.57 2.57 2.57 2.57 2.57 2.57 2.57 2.57 2.57 2.57 2.57 2.57 2.57 2.57 2.57 2.57 2.57 2.57 2.57 2.57 2.57 Assessment Rates Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act), Sino-American Silicon Products and 19 CFR 351.212(b)(1), Commerce Inc., Solartech Energy Corp. has determined, and CBP shall assess, and Sunshine PV Corporaantidumping duties on all appropriate tion 8 ........................................ 2.57 entries of subject merchandise in Baoding Jiasheng Photovoltaic Technology Co. Ltd ................. 2.57 accordance with the final results of this review. Pursuant to 19 CFR Baoding Tianwei Yingli New Energy Resources Co., Ltd ......... 2.57 351.212(b)(1), we calculated importerspecific ad valorem duty assessment 8 In the first administrative review of the order, rates based on the ratio of the total Commerce collapsed Sino-American Silicon amount of dumping calculated for the Products Inc. and Solartech Energy Corp. and examined sales to the total entered treated the companies as a single entity for value of those sales. Where either the purposes of the proceeding. See Certain Crystalline Silicon Photovoltaic Products from Taiwan: Final respondent’s weighted-average dumping Results of Antidumping Duty Administrative margin is zero or de minimis within the Review; 2014–2016, 82 FR 31555 (July 7, 2017). meaning of 19 CFR 351.106(c)(1), or an Because there were no relevant changes to the facts importer-specific assessment rate is zero since that determination was made, we continue to find that these companies are part of a single entity or de minimis, we will instruct CBP to for this administrative review. In the final results liquidate the appropriate entries of the third administrative review of this without regard to antidumping duties. proceeding, we included Sunshine PV Corporation For the companies which were not in the SAS–SEC entity. See Certain Crystalline selected for individual review, we will Silicon Photovoltaic Products From Taiwan: Final Results of Antidumping Duty Administrative assign an assessment rate equal to SAS– Review and Final Determination of No Shipments; SEC’s dumping margin identified above. 2017–2018, 84 FR 39802 (August 12, 2019), and the accompanying Issues and Decision Memorandum at The final results of this review shall be the basis for the assessment of n.4. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 Federal Register / Vol. 85, No. 57 / Tuesday, March 24, 2020 / Notices antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.9 We intend to issue liquidation instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific company listed above will be equal to the weighted-average dumping margin that is established in the final results of this review, except if the rate is less than 0.50 percent and therefore de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously investigated companies not listed above, including the companies which Commerce has determined had no shipments in these final results, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the companies participated; (3) if the exporter is not a firm covered in this review, or the original less-than-fair-value (LTFV) investigation, but the manufacturer is, then the cash deposit rate will be the cash deposit rate established for the most recently completed segment for the producer of the subject merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 19.50 percent, the all-others rate established in the LTFV investigation.10 These deposit requirements, when imposed, shall remain in effect until further notice. lotter on DSKBCFDHB2PROD with NOTICES Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent 9 See section 751(a)(2)(C) of the Act. Certain Crystalline Silicon Photovoltaic Products From Taiwan: Final Determination of Sales at Less Than Fair Value, 79 FR 76966 (December 23, 2014). 10 See VerDate Sep<11>2014 17:34 Mar 23, 2020 Jkt 250001 assessment of double antidumping duties. Administrative Protective Order This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: March 17, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I The merchandise covered by this order is crystalline silicon photovoltaic cells, and modules, laminates and/or panels consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including building integrated materials. Subject merchandise includes crystalline silicon photovoltaic cells of thickness equal to or greater than 20 micrometers, having a p/n junction formed by any means, whether or not the cell has undergone other processing, including, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not limited to, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell. Modules, laminates, and panels produced in a third-country from cells produced in Taiwan are covered by this order. However, modules, laminates, and panels produced in Taiwan from cells produced in a thirdcountry are not covered by this order. Excluded from the scope of this order are thin film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS). Also excluded from the scope of this order are crystalline silicon photovoltaic cells, not exceeding 10,000mm2 in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cells. Where more than one cell is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 16617 area of all cells that are integrated into the consumer good. Further, also excluded from the scope of this order are any products covered by the existing antidumping and countervailing duty orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People’s Republic of China (PRC).11 Also excluded from the scope of this order are modules, laminates, and panels produced in the PRC from crystalline silicon photovoltaic cells produced in Taiwan that are covered by an existing proceeding on such modules, laminates, and panels from the PRC. Merchandise covered by the order is currently classified in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) under subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of the order is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Discussion of the Issues Comment 1: Win Win Precision Technology Co., Ltd. Name Correction Comment 2: Corrections for Third-Country Case Numbers for Several Companies IV. Recommendation [FR Doc. 2020–06110 Filed 3–23–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XA090] South Atlantic Fishery Management Council; Public Meetings National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. AGENCY: The South Atlantic Fishery Management Council (Council) will hold a meeting of its Scientific and Statistical Committee’s Socio-Economic Panel (SEP) from April 8–9, 2020. SUMMARY: 11 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 77 FR 73018 (December 7, 2012); see also Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Countervailing Duty Order, 77 FR 73017 (December 7, 2012). E:\FR\FM\24MRN1.SGM 24MRN1

Agencies

[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Notices]
[Pages 16615-16617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06110]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-853]


Certain Crystalline Silicon Photovoltaic Products From Taiwan: 
Final Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that producers or 
exporters of certain crystalline silicon photovoltaic products (solar 
products) from Taiwan sold subject merchandise at less than normal 
value in the United States during the period of review (POR), February 
1, 2018 through January 31, 2019.

DATES: Applicable March 24, 2020.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3936.

SUPPLEMENTARY INFORMATION:

Background

    This review covers 36 producers or exporters. Commerce selected two 
companies, Motech Industries Inc. (Motech), and the collapsed entity 
that combined Sino-American Silicon Products Inc., Solartech Energy 
Corp, and Sunshine PV Corporation (collectively SAS-SEC), for 
individual examination. The producers or exporters not selected for 
individual examination are listed in the ``Final Results of the 
Review'' section of this notice.
    On December 26, 2019, Commerce published the Preliminary 
Results.\1\ On January 21, 2020 and January 27, 2020, we received case 
briefs from Win Precision Technology Co., Ltd. (Win Win) \2\ and Peimar 
Industries Srl., (Peimar) \3\ respectively. We received no rebuttal 
briefs.
---------------------------------------------------------------------------

    \1\ See Certain Crystalline Silicon Photovoltaic Products From 
Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 2018-2019, 84 
FR 70943 (December 26, 2019) (Preliminary Results).
    \2\ See Win Win's Letter, ``Certain Crystalline Silicon 
Photovoltaic Products from Taiwan: Case Brief,'' dated January 21, 
2020.
    \3\ See Peimar's Letter, ``Certain Crystalline Silicon 
Photovoltaic Products from Taiwan: Case Brief,'' dated January 27, 
2020.
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Scope of the Order

    The merchandise covered by this order is crystalline silicon 
photovoltaic cells, and modules, laminates and/or panels consisting of 
crystalline silicon photovoltaic cells, whether or not partially or 
fully assembled into other products, including building integrated 
materials. Merchandise covered by this order is currently classified in 
the Harmonized Tariff Schedule of the United States (HTSUS) under 
subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 
8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS 
subheadings are provided for convenience and customs purposes; the 
written description of the scope is dispositive. For a complete 
description of the scope of the order, see Appendix I of this notice.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are listed in 
Appendix II to this notice and addressed in the IDM.\4\ Interested 
parties can find a

[[Page 16616]]

complete discussion of these issues and the corresponding 
recommendations in this public memorandum, which is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov, and 
ACCESS is also available to all interested parties in the Central 
Records Unit, Room B8024, of the main Commerce building. In addition, a 
complete version of the IDM can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed IDM and the electronic 
version of the IDM are identical in content.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2018-2019 Administrative Review of the 
Antidumping Duty Order on Certain Crystalline Silicon Photovoltaic 
Products from Taiwan'' (IDM), dated concurrently with, and hereby 
adopted by, this notice.
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Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made no 
changes to the weighted-average dumping margin for SAS-SEC or any other 
respondent presented in the Preliminary Results. However, we: (1) 
Corrected the name of Win Win in the rate table presented in the 
Preliminary Results; \5\ and (2) added certain company-specific third-
country case numbers presented in draft U.S. Customs and Border 
Protection (CBP) instructions that we released for comment.\6\
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    \5\ See IDM at Comment 1.
    \6\ See IDM at Comment 2.
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Determination of No Shipments

    As noted in the Preliminary Results, we received no-shipment claims 
from seven companies, and we preliminarily determined that these seven 
companies had no shipments during the POR.\7\ We received no comments 
from interested parties with respect to these claims. Therefore, 
because record evidence indicates that these seven companies had no 
entries of subject merchandise to the United States during the POR, we 
continue to find that they had no shipments during the POR. Consistent 
with our practice, we will issue appropriate instructions to CBP based 
on our final results.
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    \7\ See Preliminary Results, 84 FR at 70944. These companies are 
AU Optronics Corporation, Canadian Solar Inc., Canadian Solar 
International Limited, Canadian Solar Manufacturing (Changshu), 
Inc., Canadian Solar Manufacturing (Luoyang), Inc., Motech 
Industries Ltd., and Vina Solar Technology Co., Ltd.
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Final Rates for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
examination when Commerce limits its examination in an administrative 
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce 
looks to section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in a market-economy investigation, for 
guidance when calculating the rate for companies which were not 
selected for individual review in an administrative review. Under 
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an 
amount equal to the weighted average of the estimated weighted average 
dumping margins established for exporters and producers individually 
investigated, excluding any zero or de minimis margins, and any margins 
determined entirely {on the basis of facts available{time} .''
    In this review, we have a calculated a weighted-average dumping 
margin for SAS-SEC that is not zero, de minimis, or determined entirely 
on the basis of facts available. Accordingly, Commerce assigns to the 
companies not individually examined the 2.57 percent weighted-average 
dumping margin calculated for SAS-SEC.

Final Results of the Review

    We are assigning the following weighted-average dumping margins to 
the firms listed below for the period February 1, 2018 through January 
31, 2019.
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    \8\ In the first administrative review of the order, Commerce 
collapsed Sino-American Silicon Products Inc. and Solartech Energy 
Corp. and treated the companies as a single entity for purposes of 
the proceeding. See Certain Crystalline Silicon Photovoltaic 
Products from Taiwan: Final Results of Antidumping Duty 
Administrative Review; 2014-2016, 82 FR 31555 (July 7, 2017). 
Because there were no relevant changes to the facts since that 
determination was made, we continue to find that these companies are 
part of a single entity for this administrative review. In the final 
results of the third administrative review of this proceeding, we 
included Sunshine PV Corporation in the SAS-SEC entity. See Certain 
Crystalline Silicon Photovoltaic Products From Taiwan: Final Results 
of Antidumping Duty Administrative Review and Final Determination of 
No Shipments; 2017-2018, 84 FR 39802 (August 12, 2019), and the 
accompanying Issues and Decision Memorandum at n.4.

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Sino-American Silicon Products Inc., Solartech Energy Corp.         2.57
 and Sunshine PV Corporation \8\............................
Baoding Jiasheng Photovoltaic Technology Co. Ltd............        2.57
Baoding Tianwei Yingli New Energy Resources Co., Ltd........        2.57
Beijing Tianneng Yingli New Energy Resources Co. Ltd........        2.57
Boviet Solar Technology Co., Ltd............................        2.57
Canadian Solar Solutions Inc................................        2.57
EEPV Corp...................................................        2.57
E-TON Solar Tech. Co., Ltd..................................        2.57
Gintech Energy Corporation..................................        2.57
Hainan Yingli New Energy Resources Co., Ltd.................        2.57
Hengshui Yingli New Energy Resources Co., Ltd...............        2.57
Inventec Energy Corporation.................................        2.57
Inventec Solar Energy Corporation...........................        2.57
KOOTATU Tech. Corp..........................................        2.57
Kyocera Mexicana S.A. de C.V................................        2.57
Lixian Yingli New Energy Resources Co., Ltd.................        2.57
Lof Solar Corp..............................................        2.57
Mega Sunergy Co., Ltd.......................................        2.57
Ming Hwei Energy Co., Ltd...................................        2.57
Neo Solar Power Corporation.................................        2.57
Shenzhen Yingli New Energy Resources Co., Ltd...............        2.57
Sunengine Corporation Ltd...................................        2.57
Sunrise Global Solar Energy.................................        2.57
Tianjin Yingli New Energy Resources Co., Ltd................        2.57
TSEC Corporation............................................        2.57
United Renewable Energy Co., Ltd............................        2.57
Win Win Precision Technology Co., Ltd.......................        2.57
Yingli Energy (China) Co., Ltd..............................        2.57
Yingli Green Energy International Trading Company Limited...        2.57
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b)(1), Commerce has determined, 
and CBP shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with the final results of this 
review. Pursuant to 19 CFR 351.212(b)(1), we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the 
total amount of dumping calculated for the examined sales to the total 
entered value of those sales. Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19 
CFR 351.106(c)(1), or an importer-specific assessment rate is zero or 
de minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.
    For the companies which were not selected for individual review, we 
will assign an assessment rate equal to SAS-SEC's dumping margin 
identified above. The final results of this review shall be the basis 
for the assessment of

[[Page 16617]]

antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable.\9\
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    \9\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific 
company listed above will be equal to the weighted-average dumping 
margin that is established in the final results of this review, except 
if the rate is less than 0.50 percent and therefore de minimis within 
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit 
rate will be zero; (2) for previously investigated companies not listed 
above, including the companies which Commerce has determined had no 
shipments in these final results, the cash deposit rate will continue 
to be the company-specific rate published for the most recently 
completed segment of this proceeding in which the companies 
participated; (3) if the exporter is not a firm covered in this review, 
or the original less-than-fair-value (LTFV) investigation, but the 
manufacturer is, then the cash deposit rate will be the cash deposit 
rate established for the most recently completed segment for the 
producer of the subject merchandise; and (4) the cash deposit rate for 
all other producers or exporters will continue to be 19.50 percent, the 
all-others rate established in the LTFV investigation.\10\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \10\ See Certain Crystalline Silicon Photovoltaic Products From 
Taiwan: Final Determination of Sales at Less Than Fair Value, 79 FR 
76966 (December 23, 2014).
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: March 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

    The merchandise covered by this order is crystalline silicon 
photovoltaic cells, and modules, laminates and/or panels consisting 
of crystalline silicon photovoltaic cells, whether or not partially 
or fully assembled into other products, including building 
integrated materials.
    Subject merchandise includes crystalline silicon photovoltaic 
cells of thickness equal to or greater than 20 micrometers, having a 
p/n junction formed by any means, whether or not the cell has 
undergone other processing, including, but not limited to, cleaning, 
etching, coating, and/or addition of materials (including, but not 
limited to, metallization and conductor patterns) to collect and 
forward the electricity that is generated by the cell.
    Modules, laminates, and panels produced in a third-country from 
cells produced in Taiwan are covered by this order. However, 
modules, laminates, and panels produced in Taiwan from cells 
produced in a third-country are not covered by this order.
    Excluded from the scope of this order are thin film photovoltaic 
products produced from amorphous silicon (a-Si), cadmium telluride 
(CdTe), or copper indium gallium selenide (CIGS). Also excluded from 
the scope of this order are crystalline silicon photovoltaic cells, 
not exceeding 10,000mm\2\ in surface area, that are permanently 
integrated into a consumer good whose function is other than power 
generation and that consumes the electricity generated by the 
integrated crystalline silicon photovoltaic cells. Where more than 
one cell is permanently integrated into a consumer good, the surface 
area for purposes of this exclusion shall be the total combined 
surface area of all cells that are integrated into the consumer 
good.
    Further, also excluded from the scope of this order are any 
products covered by the existing antidumping and countervailing duty 
orders on crystalline silicon photovoltaic cells, whether or not 
assembled into modules, from the People's Republic of China 
(PRC).\11\ Also excluded from the scope of this order are modules, 
laminates, and panels produced in the PRC from crystalline silicon 
photovoltaic cells produced in Taiwan that are covered by an 
existing proceeding on such modules, laminates, and panels from the 
PRC.
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    \11\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China: Amended 
Final Determination of Sales at Less Than Fair Value, and 
Antidumping Duty Order, 77 FR 73018 (December 7, 2012); see also 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, from the People's Republic of China: Countervailing 
Duty Order, 77 FR 73017 (December 7, 2012).
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    Merchandise covered by the order is currently classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') under 
subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 
8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These 
HTSUS subheadings are provided for convenience and customs purposes; 
the written description of the scope of the order is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Discussion of the Issues
    Comment 1: Win Win Precision Technology Co., Ltd. Name 
Correction
    Comment 2: Corrections for Third-Country Case Numbers for 
Several Companies
IV. Recommendation

[FR Doc. 2020-06110 Filed 3-23-20; 8:45 am]
BILLING CODE 3510-DS-P