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; 2017-2018, 62275-62278 [2020-21823]
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Federal Register / Vol. 85, No. 192 / Friday, October 2, 2020 / Notices
Foreign-Trade Zones Board
Dated: September 28, 2020.
Andrew McGilvray,
Executive Secretary.
[B–34–2020]
[FR Doc. 2020–21825 Filed 10–1–20; 8:45 am]
DEPARTMENT OF COMMERCE
BILLING CODE 3510–DS–P
Foreign-Trade Zone (FTZ) 102—St.
Louis, Missouri; Authorization of
Production Activity; H–J Enterprises,
Inc./H–J International, Inc. (Electrical
Transformer Components and Kits);
High Ridge, Missouri
On June 1, 2020, H–J Enterprises, Inc./
H–J International, Inc. (H–J) submitted a
notification of proposed production
activity to the FTZ Board for its
facilities within Subzone 102E, in High
Ridge, Missouri.
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 (85 FR 35260–35261,
June 9, 2020). On September 29, 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: September 29, 2020.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2020–21824 Filed 10–1–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–35–2020]
jbell on DSKJLSW7X2PROD with NOTICES
Foreign-Trade Zone (FTZ) 105—
Providence, Rhode Island;
Authorization of Production Activity;
Night Vision Technology Solutions,
LLC; (Night Vision Camera Systems);
Jamestown, Rhode Island
On May 29, 2020, Night Vision
Technology Solutions, LLC submitted a
notification of proposed production
activity to the FTZ Board for its facility
within Subzone 105B, in Jamestown,
Rhode Island.
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 (85 FR 35261, June 9,
2020). On September 28, 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.
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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: Final Results of Antidumping
Duty Administrative Review and Final
Determination of No Shipments; 2017–
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) continues to find that
manufacturers/exporters of crystalline
silicon photovoltaic cells, whether or
not assembled into modules (solar
cells), from the People’s Republic of
China (China) sold solar cells in the
United States at less than normal value
during the period of review (POR)
December 1, 2017 through November
30, 2018.
DATES: Applicable October 2, 2020.
FOR FURTHER INFORMATION CONTACT: Jeff
Pedersen, 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) 482–2769.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 10, 2020, Commerce
published in the Federal Register the
preliminary results of the 2017–2018
administrative review of the
antidumping duty order on solar cells
from the China.1 For events subsequent
to the Preliminary Results, see
Commerce’s Issues and Decision
Memorandum.2 The final weighted1 See 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, 85 FR 7531 (February 10, 2020) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final 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’’ (Issues and Decision
Memorandum), dated concurrently with, and
hereby adopted by, this notice.
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62275
average dumping margins are listed
below in the ‘‘Final Results of Review’’
section of this notice.
On April 24, 2020, Commerce tolled
all deadlines in administrative reviews
by 50 days,3 thereby extending the
deadline for these results until July 28,
2020. On July 21, 2020, Commerce
tolled all for all preliminary and final
results in administrative reviews by an
additional 60 days,4 thereby extending
the deadline for these final results until
September 28, 2020.
Scope of the Order
The merchandise covered by this
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 currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
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. Although these HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum. A list of the
issues that parties raised, and to which
we responded in the Issues and
Decision Memorandum, follows as an
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The paper and electronic versions of the
Issues and Decision Memorandum are
identical in content.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April, 24,
2020.
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
5 For a complete description of the scope of the
order, see Issues and Decision Memorandum.
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Federal Register / Vol. 85, No. 192 / Friday, October 2, 2020 / Notices
Affiliation and Single Entity
Determination
We preliminarily found 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).
We also found 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). No interested
party commented on these treatments,
and these findings remain unchanged
for these final results.
Final Determination of No Shipments
In the Preliminarily Results, we found
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. No parties commented on this
preliminary decision. For the final
results of review, we continue to find
that these companies had no shipments
of subject merchandise to the United
States during the POR.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, and for the reasons explained in
the Issues and Decision Memorandum,
we made revisions to our preliminary
calculations of the weighted-average
dumping margins for the mandatory
respondents, Risen and Trina, which
also resulted in a revision of the
dumping margin for the separate rate
respondents.
Separate Rates
In the Preliminary Results, we found
that evidence provided by Trina, Risen,
and 16 other companies/company
groups supported finding an absence of
both de jure and de facto government
control, and, therefore, we preliminarily
granted a separate rate to each of these
companies/company groups. We
received no comments since the
issuance of the Preliminary Results
regarding our determination that these
18 companies/company groups are
eligible for a separate rate. Therefore, for
the final results, we find that 18 entities
are eligible for separate rates. Commerce
assigned a dumping margin to the
separate rate companies that it did not
individually examine, but which
demonstrated their eligibility for a
separate rate, based on the mandatory
respondents’ dumping margins.
Final Results of Review
We are assigning the following
dumping margins to the firms listed
below for the period December 1, 2017
through November 30, 2018:
Weightedaverage
dumping
margin
(percent)
Producers/exporters
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 .......................................................................................................................................................
50.33
106.39
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Review-Specific Average Rate Applicable to the Following Companies 6
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 .............................................................................................................................................................
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 ..............................................................................
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Federal Register / Vol. 85, No. 192 / Friday, October 2, 2020 / Notices
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.7 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity, and we
did not self-initiate a review of the
entity, the entity is not under review,
and the entity’s dumping margin (i.e.,
238.95 percent) is not subject to change
as a result of this review.8
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Assessment
We will determine, and U.S. Customs
and Border Protection (CBP) shall
assess, antidumping duties on all
appropriate entries covered by this
review. We intend to issue assessment
instructions to CBP 15 days after the
publication date of these final results of
review. In accordance with 19 CFR
351.212(b)(1), we are calculating
importer- or customer-specific
assessment rates for the merchandise
subject to this review. For any
individually examined respondent
whose weighted-average dumping
margin is above de minimis (i.e., 0.50
percent), we will calculate importer- or
customer-specific assessment rates for
merchandise subject to this review.
Where the respondent reported reliable
entered values, we calculated importeror customer-specific ad valorem rates by
aggregating the dumping margins
calculated for all U.S. sales to the
importer or customer and dividing this
amount by the total entered value of the
sales to the importer or customer.9
Where we calculated an importer- or
customer-specific weighted-average
dumping margin by dividing the total
amount of dumping for reviewed sales
to the importer or customer by the total
sales quantity associated with those
6 This rate is based on the rates for the
respondents that were selected for individual
review, excluding rates that are zero, de minimis,
or based entirely on facts available. See section
735(c)(5)(A) of the Act. See Memorandum, ‘‘Final
Results of the Antidumping Duty Administrative
Review of Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from the
People’s Republic of China: Calculation of the Cash
Deposit Rate for Non-Reviewed Companies,’’ dated
concurrently with this notice.
7 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65969–70 (November 4, 2013).
8 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; 2015–2016,
83 FR 35616 (July 27, 2018).
9 See 19 CFR 351.212(b)(1).
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19:38 Oct 01, 2020
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transactions, we will direct CBP to
assess importer- or customer-specific
assessment rates based on the resulting
per-unit rates.10 Where an importer- or
customer- specific ad valorem or perunit rate is greater than de minimis, we
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 or customer-specific ad
valorem or per-unit rate is zero or de
minimis, we will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.11
For merchandise whose sale/entry
was not reported in the U.S. sales
database submitted by an exporter
individually examined during this
review, but that entered under the case
number of that exporter (i.e., at the
individually-examined exporter’s cash
deposit rate), we will instruct CBP to
liquidate such entries at the China-wide
rate. Additionally, if we determine that
an exporter under review had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number will
be liquidated at the China-wide rate.12
62277
be the rate previously established for the
China-wide entity (i.e., 238.95 percent);
and (4) for all non-China exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
Chinese exporter that supplied the nonChinese exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure
We intend to disclose the calculations
performed for these final results within
five days of publication of this notice in
the Federal Register in accordance with
19 CFR 351.224(b).
Notification to Importers
This notice also serves as a 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 POR. 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.
Administrative Protective Orders
This notice also serves as a reminder
The following cash deposit
to
parties subject to administrative
requirements will be effective upon
protective
order (APO) of their
publication of the final results of this
responsibility
concerning the return or
administrative review for shipments of
destruction
of
proprietary information
the subject merchandise from China
disclosed
under
APO in accordance
entered, or withdrawn from warehouse,
with
19
CFR
351.305,
which continues
for consumption on or after the
to
govern
business
proprietary
publication date of this notice in the
Federal Register, as provided by section information in this segment of the
proceeding. Timely written notification
751(a)(2)(C) of the Act: (1) For the
of the return or destruction of APO
exporters listed in the table in the
materials, or conversion to judicial
‘‘Final Results of Review’’ section
protective order, is hereby requested.
above, the cash deposit rate will be the
rate listed for each exporter in the table, Failure to comply with the regulations
and terms of an APO is a violation
except if the rate is zero or de minimis
(i.e., less than 0.5 percent), then the cash which is subject to sanction.
deposit rate will be zero; (2) for
Notification to Interested Parties
previously investigated Chinese and
This determination is issued and
non-Chinese exporters that received a
published in accordance with sections
separate rate in a prior segment of this
751(a)(1) and 777(i)(1) of the Act and 19
proceeding, the cash deposit rate will
CFR 351.221(b)(5).
continue to be the existing exporterDated: September 28, 2020.
specific rate; (3) for all Chinese
Jeffrey I. Kessler,
exporters of subject merchandise that
Assistant Secretary for Enforcement and
have not been found to be entitled to a
Compliance.
separate rate, the cash deposit rate will
Appendix
10
Cash Deposit Requirements
Id.
11 See
Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012).
12 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
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Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1. Unreported Factors of
Production for Purchased Solar Cells and
Modules
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Federal Register / Vol. 85, No. 192 / Friday, October 2, 2020 / Notices
Comment 2. The Appropriate Surrogate
Value for Silver Paste
Comment 3. The Appropriate Surrogate
Value for Solar Glass
Comment 4. The Appropriate Surrogate
Country
Comment 5. The Appropriate Surrogate
Value for Ocean Freight
Comment 6. Selection of Surrogate
Financial Statements
Comment 7. The Appropriate Surrogate
Value for Aluminum Frames
Comment 8. The Appropriate Surrogate
Value for Junction Boxes
Comment 9. The Appropriate Surrogate
Value for Backsheet
Comment 10. The Appropriate Surrogate
Value for Ethylene Vinyl Acetate (EVA)
Sheet
Comment 11. Adjusting the Surrogate
Financial Ratio Calculations
Comment 12. Error in Calculating Market
Economy Purchase Prices
Comment 13. Error in Calculating the
International Freight Surrogate Value
Comment 14. Error in Calculating the
Domestic Brokerage and Handling
Surrogate Value
Comment 15. Failure to Adjust the U.S.
Price for Subsidies
V. Recommendation
[FR Doc. 2020–21823 Filed 10–1–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Advisory Committee on Supply Chain
Competitiveness: Notice of Public
Meetings
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of open meetings.
AGENCY:
This notice sets forth the
schedule and proposed topics of
discussion for upcoming public
meetings of the Advisory Committee on
Supply Chain Competitiveness
(Committee).
SUMMARY:
The meetings will be held on
October 22, 2020, from 10:00 a.m. to
12:00 p.m. and 1:00 p.m. to 4:00 p.m.,
Eastern Daylight Time (EDT).
ADDRESSES: The meetings will be held
via Webex.
FOR FURTHER INFORMATION CONTACT:
Richard Boll, Office of Supply Chain,
Professional & Business Services
(OSCPBS), International Trade
Administration. Email: richard.boll@
trade.gov. Telephone: 571–331–0098.
SUPPLEMENTARY INFORMATION:
Background: The Committee was
established under the discretionary
authority of the Secretary of Commerce
and in accordance with the Federal
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DATES:
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Advisory Committee Act (5 U.S.C.
App.). It provides advice to the
Secretary of Commerce on the necessary
elements of a comprehensive policy
approach to supply chain
competitiveness and on regulatory
policies and programs and investment
priorities that affect the competitiveness
of U.S. supply chains. For more
information about the Committee visit:
https://www.trade.gov/acscc.
Matters to be considered: Committee
members are expected to continue to
discuss the major competitivenessrelated topics raised at the previous
Committee meetings, including trade
and competitiveness; freight movement
and policy; trade innovation; regulatory
issues; finance and infrastructure; and
workforce development. The
Committee’s subcommittees will report
on the status of their work regarding
these topics. The agenda may change to
accommodate other Committee
business. The Office of Supply Chain,
Professional & Business Services will
post the final detailed agenda on its
website, https://www.trade.gov/acscc, at
least one week prior to the meeting.
The meetings will be open to the
public and press on a first-come, firstserved basis. Space is limited. Please
contact Richard Boll, at richard.boll@
trade.gov, for participation information
if you wish to participate.
Interested parties may submit written
comments to the Committee at any time
before and after the meeting. Parties
wishing to submit written comments for
consideration by the Committee in
advance of this meeting email them to
richard.boll@trade.gov.
For consideration during the
meetings, and to ensure transmission to
the Committee prior to the meetings,
comments must be received no later
than 5:00 p.m. EST on October 15, 2020.
Comments received after October 15,
2020, will be distributed to the
Committee, but may not be considered
at the meetings. The minutes of the
meetings will be posted on the
Committee website within 60 days of
the meeting.
Eugene Alford,
Co-DFO, ACSCC, Office of Supply Chain,
Professional and Business Services.
[FR Doc. 2020–21847 Filed 10–1–20; 8:45 am]
BILLING CODE 3510–DR–P
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DEPARTMENT OF COMMERCE
Minority Business Development
Agency
President’s Advisory Commission on
Asian Americans and Pacific Islanders
Minority Business
Development Agency, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
The President’s Advisory
Commission on Asian Americans and
Pacific Islanders (AAPI Commission)
will convene an open meeting to discuss
issues related to the draft Commission
report to the President. This meeting is
open to the public and interested
persons may listen to the teleconference
by using the call-in number and pass
code provided below (see ADDRESSES).
DATES: This meeting will be held on
Thursday, October 8, 2020, from 4:00
p.m. to 6:00 p.m., Eastern Time (ET).
ADDRESSES: This meeting will be held
by teleconference on Thursday, October
8, 2020. Advance registration is required
to access the teleconference. Interested
persons may register at URL: https://
www.mbda.gov/page/third-openmeeting-presidents-advisorycommission-aapis. Access to the
teleconference will be shared the day
prior to the open meeting; participants
can sign on beginning at 3:45 p.m., ET.
FOR FURTHER INFORMATION CONTACT: For
information regarding the
teleconference, please contact Ms. Tina
Wei Smith, Executive Director, Office of
the White House Initiative on Asian
Americans and Pacific Islanders;
telephone (202) 482–1375; email:
whiaapi@doc.gov.
SUPPLEMENTARY INFORMATION:
Background. The President, through
Executive Order 13872 (May 13, 2019),
re-established the President’s Advisory
Commission on Asian Americans and
Pacific Islanders to advise the President,
through the Secretary of Commerce and
the Secretary of Transportation. The
AAPI Advisory Commission provides
advice to the President on executive
branch efforts to broaden access of AAPI
communities, families and businesses to
economic resources and opportunities
that empower AAPIs to improve the
quality of their lives, raise the standard
of living in their communities and
families, and more fully participate in
the U.S. economy.
Public Participation. In accordance
with Section 10(a)(2) of the Federal
Advisory Committee Act, as amended (5
U.S.C. App.), this notice is the public
announcement of the Commission’s
intent to hold a teleconference on
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 192 (Friday, October 2, 2020)]
[Notices]
[Pages 62275-62278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21823]
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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: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) continues to find that
manufacturers/exporters of crystalline silicon photovoltaic cells,
whether or not assembled into modules (solar cells), from the People's
Republic of China (China) sold solar cells in the United States at less
than normal value during the period of review (POR) December 1, 2017
through November 30, 2018.
DATES: Applicable October 2, 2020.
FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, 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) 482-2769.
SUPPLEMENTARY INFORMATION:
Background
On February 10, 2020, Commerce published in the Federal Register
the preliminary results of the 2017-2018 administrative review of the
antidumping duty order on solar cells from the China.\1\ For events
subsequent to the Preliminary Results, see Commerce's Issues and
Decision Memorandum.\2\ The final weighted-average dumping margins are
listed below in the ``Final Results of Review'' section of this notice.
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\1\ See 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, 85 FR 7531
(February 10, 2020) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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''
(Issues and Decision Memorandum), dated concurrently with, and
hereby adopted by, this notice.
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On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days,\3\ thereby extending the deadline for these results
until July 28, 2020. On July 21, 2020, Commerce tolled all for all
preliminary and final results in administrative reviews by an
additional 60 days,\4\ thereby extending the deadline for these final
results until September 28, 2020.
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\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April, 24, 2020.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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Scope of the Order
The merchandise covered by this 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 currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) 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. Although these HTSUS subheadings are provided for
convenience and customs purposes, the written description of the scope
of this order is dispositive.
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\5\ For a complete description of the scope of the order, see
Issues and Decision Memorandum.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum. A
list of the issues that parties raised, and to which we responded in
the Issues and Decision Memorandum, follows as an appendix to this
notice. The Issues and Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. The paper
and electronic versions of the Issues and Decision Memorandum are
identical in content.
[[Page 62276]]
Affiliation and Single Entity Determination
We preliminarily found 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). We also found 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). No interested party
commented on these treatments, and these findings remain unchanged for
these final results.
Final Determination of No Shipments
In the Preliminarily Results, we found 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. No parties commented on
this preliminary decision. For the final results of review, we continue
to find that these companies had no shipments of subject merchandise to
the United States during the POR.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
revisions to our preliminary calculations of the weighted-average
dumping margins for the mandatory respondents, Risen and Trina, which
also resulted in a revision of the dumping margin for the separate rate
respondents.
Separate Rates
In the Preliminary Results, we found that evidence provided by
Trina, Risen, and 16 other companies/company groups supported finding
an absence of both de jure and de facto government control, and,
therefore, we preliminarily granted a separate rate to each of these
companies/company groups. We received no comments since the issuance of
the Preliminary Results regarding our determination that these 18
companies/company groups are eligible for a separate rate. Therefore,
for the final results, we find that 18 entities are eligible for
separate rates. Commerce assigned a dumping margin to the separate rate
companies that it did not individually examine, but which demonstrated
their eligibility for a separate rate, based on the mandatory
respondents' dumping margins.
Final Results of Review
We are assigning the following dumping margins to the firms listed
below for the period December 1, 2017 through November 30, 2018:
------------------------------------------------------------------------
Weighted-
average
Producers/exporters dumping
margin
(percent)
------------------------------------------------------------------------
Trina Solar Co., Ltd./Trina Solar (Changzhou) Science and 50.33
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./ 106.39
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.....
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Review-Specific Average Rate Applicable to the Following Companies \6\
------------------------------------------------------------------------
Anji DaSol Solar Energy Science & Technology Co., Ltd....... 68.93
Canadian Solar International Limited/Canadian Solar 68.93
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....................... 68.93
Jiawei Solarchina Co., Ltd.................................. 68.93
JingAo Solar Co., Ltd....................................... 68.93
Jinko Solar Co., Ltd. (Jinko)............................... 68.93
Jinko Solar Import and Export Co., Ltd. (Jinko I&E)......... 68.93
Jinko Solar International Limited (Jinko Int'l)............. 68.93
Shanghai BYD Co., Ltd....................................... 68.93
Shanghai JA Solar Technology Co., Ltd....................... 68.93
Shenzhen Portable Electronic Technology Co., Ltd............ 68.93
Shenzhen Sungold Solar Co., Ltd............................. 68.93
Wuxi Tianran Photovoltaic Co., Ltd.......................... 68.93
Yingli Energy (China) Company Limited/Baoding Tianwei Yingli 68.93
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............................... 68.93
Zhejiang Sunflower Light Energy Science & Technology Limited 68.93
Liability Company..........................................
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[[Page 62277]]
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\7\ Under this policy, the
China-wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity. Because
no party requested a review of the China-wide entity, and we did not
self-initiate a review of the entity, the entity is not under review,
and the entity's dumping margin (i.e., 238.95 percent) is not subject
to change as a result of this review.\8\
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\6\ This rate is based on the rates for the respondents that
were selected for individual review, excluding rates that are zero,
de minimis, or based entirely on facts available. See section
735(c)(5)(A) of the Act. See Memorandum, ``Final Results of the
Antidumping Duty Administrative Review of Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules, from the
People's Republic of China: Calculation of the Cash Deposit Rate for
Non-Reviewed Companies,'' dated concurrently with this notice.
\7\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November
4, 2013).
\8\ 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; 2015-2016, 83 FR 35616 (July 27,
2018).
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Assessment
We will determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries covered by
this review. We intend to issue assessment instructions to CBP 15 days
after the publication date of these final results of review. In
accordance with 19 CFR 351.212(b)(1), we are calculating importer- or
customer-specific assessment rates for the merchandise subject to this
review. For any individually examined respondent whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent), we will
calculate importer- or customer-specific assessment rates for
merchandise subject to this review. Where the respondent reported
reliable entered values, we calculated importer- or customer-specific
ad valorem rates by aggregating the dumping margins calculated for all
U.S. sales to the importer or customer and dividing this amount by the
total entered value of the sales to the importer or customer.\9\ Where
we calculated an importer- or customer-specific weighted-average
dumping margin by dividing the total amount of dumping for reviewed
sales to the importer or customer by the total sales quantity
associated with those transactions, we will direct CBP to assess
importer- or customer-specific assessment rates based on the resulting
per-unit rates.\10\ Where an importer- or customer- specific ad valorem
or per-unit rate is greater than de minimis, we 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 or customer-specific ad valorem or per-unit rate is zero
or de minimis, we will instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\11\
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\9\ See 19 CFR 351.212(b)(1).
\10\ Id.
\11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012).
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For merchandise whose sale/entry was not reported in the U.S. sales
database submitted by an exporter individually examined during this
review, but that entered under the case number of that exporter (i.e.,
at the individually-examined exporter's cash deposit rate), we will
instruct CBP to liquidate such entries at the China-wide rate.
Additionally, if we determine that an exporter under review had no
shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number will be liquidated at the
China-wide rate.\12\
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\12\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date of
this notice in the Federal Register, as provided by section
751(a)(2)(C) of the Act: (1) For the exporters listed in the table in
the ``Final Results of Review'' section above, the cash deposit rate
will be the rate listed for each exporter in the table, except if the
rate is zero or de minimis (i.e., less than 0.5 percent), then the cash
deposit rate will be zero; (2) for previously investigated Chinese and
non-Chinese exporters that received a separate rate in a prior segment
of this proceeding, the cash deposit rate will continue to be the
existing exporter-specific rate; (3) for all Chinese exporters of
subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be the rate previously
established for the China-wide entity (i.e., 238.95 percent); and (4)
for all non-China exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the Chinese exporter that supplied the non-Chinese
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
Disclosure
We intend to disclose the calculations performed for these final
results within five days of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b).
Notification to Importers
This notice also serves as a 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 POR. 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.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return or destruction of
APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
This determination 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: September 28, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1. Unreported Factors of Production for Purchased Solar
Cells and Modules
[[Page 62278]]
Comment 2. The Appropriate Surrogate Value for Silver Paste
Comment 3. The Appropriate Surrogate Value for Solar Glass
Comment 4. The Appropriate Surrogate Country
Comment 5. The Appropriate Surrogate Value for Ocean Freight
Comment 6. Selection of Surrogate Financial Statements
Comment 7. The Appropriate Surrogate Value for Aluminum Frames
Comment 8. The Appropriate Surrogate Value for Junction Boxes
Comment 9. The Appropriate Surrogate Value for Backsheet
Comment 10. The Appropriate Surrogate Value for Ethylene Vinyl
Acetate (EVA) Sheet
Comment 11. Adjusting the Surrogate Financial Ratio Calculations
Comment 12. Error in Calculating Market Economy Purchase Prices
Comment 13. Error in Calculating the International Freight
Surrogate Value
Comment 14. Error in Calculating the Domestic Brokerage and
Handling Surrogate Value
Comment 15. Failure to Adjust the U.S. Price for Subsidies
V. Recommendation
[FR Doc. 2020-21823 Filed 10-1-20; 8:45 am]
BILLING CODE 3510-DS-P
