Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Antidumping Administrative Review, and Preliminary Determination of No Shipments; 2018-2019, 21277-21281 [2021-08363]
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Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices
Subsidy rate
(percent
ad valorem)
Producers/exporters 13
Shandong Duratti Rubber Corporation Co., Ltd ..................................................................................................................................
Shandong Longyue Rubber Co. Ltd ....................................................................................................................................................
Shandong Anchi Tyre Co., Ltd ............................................................................................................................................................
Triangle Tyre Co. Ltd ...........................................................................................................................................................................
116.50
116.50
116.50
116.50
Review-Specific Average Rate Applicable to the Following Companies
Jiangsu Hankook Tire Co., Ltd ............................................................................................................................................................
Qingdao Fullrun Tyre Corp., Ltd ..........................................................................................................................................................
Shandong Province Sanli Tire Manufactured Co., Ltd ........................................................................................................................
Assessment and Cash Deposit
Requirements
Consistent with section 751(a)(2)(C) of
the Act and 19 CFR 351.212(b)(2), upon
issuance of these final results,
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries covered by this
review. For the companies for which
this review is rescinded, Commerce will
instruct CBP to assess countervailing
duties on all appropriate entries at a rate
equal to the cash deposit of estimated
countervailing duties required at the
time of entry, or withdrawal from
warehouse, for consumption, during the
period January 1, 2018, through
December 31, 2018, in accordance with
19 CFR 351.212(c)(1)(i). We intend to
issue instructions to CBP no earlier than
35 days after publication of the final
results of this review. If a timely
summons is filed at the U.S. Court of
International Trade, the assessment
instructions will direct CBP not to
liquidate relevant entries until the time
for parties to file a request for a statutory
injunction has expired (i.e., within 90
days of publication).
deposit requirements, when imposed,
shall remain in effect until further
notice.
DEPARTMENT OF COMMERCE
Administrative Protective Order
[A–570–979]
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 the return or
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.
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Preliminary Results of
Antidumping Duty Administrative
Review, Partial Rescission of
Antidumping Administrative Review,
and Preliminary Determination of No
Shipments; 2018–2019
Notification to Interested Parties
These final results of this review are
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: April 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Cash Deposit Requirements
Appendix
In accordance with section 751(a)(1)
of the Act, Commerce also intends to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown above for the respective
companies listed above with regard to
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, CBP
will continue to collect cash deposits of
estimated countervailing duties at the
all-others rate or the most recent
company-specific rate applicable to the
company, as appropriate. These cash
List of Topics Discussed in the Issues and
Decision Memorandum
13 We are not disclosing any final calculations as
we did make any revisions to the preliminary AFA
calculations in connection with the final results of
this review. See Preliminary Decision
Memorandum at 18–20.
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I. Summary
II. Background
III. Scope of the Order
IV. Rescission of the Administrative Review,
in Part
V. Rate for Non-Selected Companies Under
Review
VI. Use of Facts Otherwise Available and
Application of Adverse Inferences
VII. Analysis of Comments
Comment 1: Whether the Application of
Adverse Facts Available to Triangle Tyre
Co., Ltd. was Lawful
Comment 2: Whether Commerce Should
Rescind the Review with Respect to
Qingdao Fullrun Tyre Tech Corp., Ltd.
VIII. Recommendation
[FR Doc. 2021–08362 Filed 4–21–21; 8:45 am]
BILLING CODE 3510–DS–P
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International Trade Administration
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that the certain companies under review
sold subject merchandise at less than
normal value during the period of
review (POR), December 1, 2018,
through November 30, 2019 and that
certain other companies under review
did not ship subject merchandise to the
United States during the POR.
Additionally, Commerce is rescinding
this review with respect to three
companies. Interested parties are invited
to comment on these preliminary results
of review.
DATES: Applicable April 22, 2021.
FOR FURTHER INFORMATION CONTACT: Jeff
Pedersen or Aleksandras Nakutis, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2769 or (202) 482–3147,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On February 6, 2020, in response to
review requests from multiple parties,
Commerce initiated an administrative
review of the antidumping duty order
on crystalline silicon photovoltaic cells,
whether or not assembled into modules
(solar cells), from the People’s Republic
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Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices
of China (China).1 The POR is December
1, 2018, through November 30, 2019. On
April 24, 2020 and July 21, 2020,
Commerce tolled all deadlines in
administrative reviews by 50 days and
60 days respectively, thereby extending
the deadline for these preliminary
results of review until December 21,
2020.2 On December 17, 2020, and again
on March 9, 2021, Commerce extended
the time limit for completing the
preliminary results of this review.3 The
deadline for issuing the preliminary
results of this review is April 16, 2021.
On April 29, 2020, Commerce
selected two exporters to individually
examine as mandatory respondents,4
Jinko 5 and Risen.6 During the course of
this review, the mandatory respondents
filed responses to Commerce’s
questionnaire and supplemental
questionnaires, the petitioner
(SunPower Manufacturing Oregon, LLC)
commented on those responses, and
multiple other companies for which
Commerce initiated the review filed
either no-shipment claims or
applications or certifications for
separate rates status. For details
regarding the events that occurred
subsequent to the initiation of the
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
6896 (February 6, 2020) (Initiation Notice).
2 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; and Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
3 See Memorandum, ‘‘2018–2019 Antidumping
Duty Administrative Review of Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into
Modules, from the People’s Republic of China:
Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,’’ dated
December 17, 2020; and Memorandum, ‘‘2018–2019
Antidumping Duty Administrative Review of
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules, from the People’s
Republic of China: Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated March 9, 2021.
4 See Memorandum, ‘‘2018–2019 Antidumping
Duty Administrative Review of Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China:
Respondent Selection,’’ dated April 29, 2020.
5 Jinko refers to the following companies which
Commerce is treating as a single entity: Jinko Solar
Import and Export Co., Ltd.; Jinko Solar Co., Ltd;
JinkoSolar Technology (Haining) Co., Ltd.; Yuhuan
Jinko Solar Co., Ltd; Zhejiang Jinko Solar Co., Ltd.
(Zhejiang Jinko); and Jiangsu Jinko Tiansheng Solar
Co., Ltd. (Jiangsu Jinko) (collectively, Jinko).
6 Risen refers to the following companies which
Commerce is treating as a single entity: Risen
Energy Co. Ltd., Risen (Wuhai) New Energy Co.,
Ltd., Zhejiang Twinsel Electronic Technology Co.,
Ltd., Risen (Luoyang) New Energy Co., Ltd., Jiujiang
Shengchao Xinye Technology Co., Ltd., Jiujiang
Shengzhao Xinye Trade Co., Ltd., Ruichang Branch,
Risen Energy (HongKong) Co., Ltd., Risen Energy
(Changzhou) Co., Ltd. (Changzhou) and Risen
Energy (YIWU) Co., Ltd. (collectively, Risen).
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review, see the Preliminary Decision
Memorandum.4
Scope of the Order
The merchandise covered by the order
is crystalline silicon photovoltaic cells,
and modules, laminates, and panels,
consisting of crystalline silicon
photovoltaic cells, whether or not
partially or fully assembled into other
products, including, but not limited to,
modules, laminates, panels and building
integrated materials.7 Merchandise
covered by this order is classifiable
under subheadings 8501.61.0010,
8507.20.80, 8541.40.6015, 8541.40.6025,
and 8501.31.8010 of the Harmonized
Tariff Schedule of the United States
(HTSUS). Although the HTSUS
subheadings are provided for
convenience and customs purposes, our
written description of the scope of the
order is dispositive.
Preliminary Determination of No
Shipments
We found no evidence calling into
question the no shipment claims of the
following companies/company
groupings: (1) BYD (Shangluo)
Industrial Co., Ltd., (2) Changzhou Trina
Solar Energy Co., Ltd., Trina Solar
(Changzhou) Science and Technology
Co., Ltd., Yancheng Trina Solar Energy
Technology Co., Ltd., Changzhou Trina
Solar Yabang Energy Co., Ltd., Turpan
Trina Solar Energy Co., Ltd., Hubei
Trina Solar Energy Co., Ltd., Trina Solar
(Hefei) Science and Technology Co.,
Ltd., and (3) Shanghai BYD Co., Ltd. We
also found that Wuxi Suntech Power
Co., Ltd/Luoyang Suntech Power Co.,
Ltd. did not ship subject merchandise to
the United States during the POR. For
additional information regarding these
preliminary determinations, see the
Preliminary Decision Memorandum.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if all parties that requested a
review withdraw their requests within
90 days of the publication date of the
notice of initiation of the requested
review. All parties withdrew their
requests for an administrative review of
JA Solar Technology Yangzhou Co.,
Ltd., JingAo Solar Co., Ltd., and
7 For
a complete description of the scope of the
order, see Memorandum ‘‘Decision Memorandum
for the Preliminary Results of the 2018–2019
Antidumping Duty Administrative Review of
Crystalline Silicon Photovoltaic Cells, Whether or
not Assembled into Modules, from the People’s
Republic of China,’’ issued concurrently with and
hereby adopted by this notice (Preliminary Decision
Memorandum).
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Shanghai JA Solar Technology Co., Ltd.
within 90 days of the date of publication
of the Initiation Notice. Accordingly,
Commerce is rescinding this review
with respect to these companies, in
accordance with 19 CFR 351.213(d)(1).
Preliminary Affiliation and Single
Entity Determination
We have determined that Jinko Solar
Co., Ltd (Jiangxi Jinko); JinkoSolar
Technology (Haining) Co., Ltd. (Haining
Jinko); Yuhuan Jinko Solar Co., Ltd.
(Yuhuan Jinko); Zhejiang Jinko Solar
Co., Ltd (Zhejiang Jinko); and Jiangsu
Jinko Tiansheng Solar Co., Ltd. (Jiangsu
Jinko) and Jinko Solar Import and
Export Co., Ltd. (Jinko IE) (collectively,
Jinko), are affiliated pursuant to section
771(33)(F) of the Tariff Act of 1930, as
amended (the Act), and that all of these
companies should be treated as a single
entity pursuant to 19 CFR 351.401(f)(1)–
(2). For additional information, see the
Preliminary Decision Memorandum and
Jinko Collapsing Memorandum.8
Also, we have determined that the
single entity—Risen Energy Co. Ltd.,
Risen (Wuhai) New Energy Co., Ltd.,
Zhejiang Twinsel Electronic Technology
Co., Ltd., Risen (Luoyang) New Energy
Co., Ltd., Jiujiang Shengchao Xinye
Technology Co., Ltd., Jiujiang
Shengzhao Xinye Trade Co., Ltd.,
Ruichang Branch, Risen Energy
(HongKong) Co., Ltd., Risen Energy
(Changzhou) Co., Ltd. (Changzhou) is
affiliated with Risen Energy (YIWU) Co.,
Ltd., pursuant to section 771(33)(E) of
the Act and that all of these companies
should be treated as a single entity
pursuant to 19 CFR 351.401(f)(1)–(2).
For additional information, see the
Preliminary Decision Memorandum.
Separate Rates
We have preliminarily determined
that the information placed on the
record by Jinko and Risen, as well as by
the other companies listed in the rate
table in the ‘‘Preliminary Results of
Review’’ section below, demonstrates
that these companies are entitled to
separate rate status.
We have preliminarily determined
that the companies listed in Appendix
II have not demonstrated their
entitlement to separate rates status
because they did not file a separate rate
application or certification with
8 Our affiliation and collapsing analysis is based
on information that has been designated business
proprietary information. For additional details, see
Memorandum, ‘‘Antidumping Duty Administrative
Review of Crystalline Silicon Photovoltaic Cells,
Whether or not Assembled into Modules, from the
People’s Republic of China: Affiliation and
Collapsing Memorandum for Jinko Solar Import and
Export Co., Ltd.,’’ issued concurrently with this
notice.
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Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices
Commerce. We are treating the
companies listed in Appendix II as part
of the China-wide entity. Because no
party requested a review of the Chinawide entity, the entity is not under
review and the entity’s rate (i.e., 238.95
percent) is not subject to change.9 In
addition, because we determined that
Wuxi Suntech Power Co., Ltd/Luoyang
Suntech Power Co., Ltd. did not ship
subject merchandise to the United
States during the POR, we have not
considered its separate rate application.
For additional information regarding
Commerce’s preliminary separate rates
determinations, see the Preliminary
Decision Memorandum.
Dumping Margins for Separate Rate
Companies
The statute and Commerce’s
regulations do not address what rate to
apply to respondents not selected for
individual 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 an
investigation, for guidance when
calculating the rate for non-selected
respondents that are not examined
individually in an administrative
review. Section 735(c)(5)(A) of the Act
states that the all-others rate should be
calculated by averaging the weightedaverage dumping margins for
individually-examined respondents,
excluding rates that are zero, de
minimis, or based entirely on facts
available. Where the rates for the
individually for the individually
examined companies are all zero, de
minimis, or based entirely on facts
available, section 735(c)(5)(B) of the Act
provides that Commerce may use ‘‘any
reasonable method’’ to establish the allothers rate. We preliminary assigned the
respondents not selected for individual
examination to which we granted a
separate rate the dumping margin
calculated for Jinko.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(B) of the Act.
Commerce calculated export and
constructed export prices in accordance
with section 772 of the Act. Because
Commerce has determined that China is
a non-market economy country,10
within the meaning of section 771(18) of
the Act, Commerce calculated normal
value in accordance with section 773(c)
of the Act.
For a full description of the
methodology underlying the
preliminary results of this review, see
the Preliminary Decision Memorandum.
The Preliminary Decision Memorandum
is a public document and is made
available to the public via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be found at
https://enforcement.trade.gov/frn/. The
signed and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
We are assigning the following
dumping margins to the firms listed
below for the period December 1, 2019,
through November 30, 2019:
Weightedaverage
dumping
margin
(percent)
Exporter
Jinko Solar Import and Export Co., Ltd./Jinko Solar Co., Ltd./JinkoSolar Technology (Haining) Co., Ltd./Yuhuan Jinko Solar Co.,
Ltd./Zhejiang Jinko Solar Co., Ltd./Jiangsu Jinko Tiansheng Solar 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., Risen Energy (Changzhou) Co., Ltd. (Changzhou) and Risen Energy
(YIWU) Co., Ltd ................................................................................................................................................................................
Review-Specific Average Rate Applicable to the Following Companies:
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 .....
Chint Solar (Zhejiang) Co., Ltd., Chint Energy (Haining) Co., Ltd., Chint Solar (Jiuquan) Co., Ltd., Chint Solar (Hong Kong)
Company Limited ......................................................................................................................................................................
LONGi Solar Technology Co., Ltd ...............................................................................................................................................
Shenzhen Sungold Solar Co., Ltd ................................................................................................................................................
Shenzhen Topray 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 Aiko Solar Energy Technology Co., Ltd ...............................................................................................................................
9 The China-wide entity rate was last changed in
the first administrative review of this proceeding
and has been the applicable rate for the entity in
each subsequent review, including the one most
recently completed review. 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;
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2012–2013, 80 FR 40998, 41002 (July 14, 2015)
(AR1 Final); see also Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China: Final
Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments;
2017–2018, 85 FR 62275 (October 2, 2020).
10 See Antidumping Duty Investigation of Certain
Aluminum Foil from the People’s Republic of
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13.89
0.00
13.89
13.89
13.89
13.89
13.89
13.89
13.89
13.89
13.89
China: Affirmative Preliminary Determination of
Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861
(November 2, 2017) (citing Memorandum, ‘‘China’s
Status as a Non-Market Economy,’’ dated October
26, 2017 (China NME Status Memo)), unchanged in
Certain Aluminum Foil from the People’s Republic
of China: Final Determination of Sales at Less Than
Fair Value, 83 FR 9282 (March 5, 2018).
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Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices
Disclosure and Public Comment
Commerce intends to disclose to
parties to the proceeding the
calculations performed for these
preliminary results of review within five
days of the date of publication of this
notice in the Federal Register in
accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs
no later than 30 days after the date of
publication of these preliminary results
of review in the Federal Register.11
Rebuttal briefs may be filed no later
than seven days after case briefs are due
and may respond only to arguments
raised in the case briefs.12 A table of
contents, list of authorities used, and an
executive summary of issues should
accompany any briefs submitted to
Commerce. The summary should be
limited to five pages total, including
footnotes.13
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, within 30
days after the date of publication of this
notice in the Federal Register.14
Requests should contain the party’s
name, address, and telephone number,
the number of individuals from the
requesting party’s firm that will attend
the hearing, and a list of the issues the
party intends to discuss at the hearing.
Oral arguments at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made,
Commerce intends to hold the hearing
at a date and time to be determined.15
Parties should confirm by telephone the
date and time of the hearing two days
before the scheduled date of the hearing.
All submissions, with limited
exceptions, must be filed electronically
using ACCESS.16 An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS, by 5 p.m.
Eastern Time (ET) on the due date.17
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information until further
notice.18 Unless otherwise extended,
11 See
19 CFR 351.309(c)(ii).
12 See 19 CFR 351.309(d).
13 See 19 CFR 351.309(c)(2), (d)(2).
14 See 19 CFR 351.310(c).
15 See 19 CFR 351.310(d).
16 See generally 19 CFR 351.303.
17 See 19 CFR 351.303 (for general filing
requirements); Antidumping and Countervailing
Duty Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
18 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 29615 (May 18, 2020);
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Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results of review in the
Federal Register, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of
this review, Commerce will determine,
and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries covered by
this review.19 Commerce intends to
issue assessment instructions to CBP no
earlier than 35 days after date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
For each individually examined
respondent in this review whose
weighted-average dumping margin in
the final results of review is not zero or
de minimis (i.e., less than 0.5 percent),
Commerce intends to calculate
importer/customer-specific assessment
rates, in accordance with 19 CFR
351.212(b)(1).20 Where the respondent
reported reliable entered values,
Commerce intends to calculate
importer/customer-specific ad valorem
assessment rates by aggregating the
amount of dumping calculated for all
U.S. sales to the importer/customer and
dividing this amount by the total
entered value of the merchandise sold to
the importer/customer.21 Where the
respondent did not report entered
values, Commerce will calculate
importer/customer-specific assessment
rates by dividing the amount of
dumping for reviewed sales to the
importer/customer by the total quantity
of those sales. Commerce will calculate
an estimated ad valorem importer/
customer-specific assessment rate to
determine whether the per-unit
assessment rate is de minimis; however,
Commerce will use the per-unit
assessment rate where entered values
and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
19 See 19 CFR 351.212(b)(1).
20 See Antidumping Proceedings: Calculation of
the Weighted Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification).
21 See 19 CFR 351.212(b)(1).
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were not reported.22 Where an importer/
customer-specific ad valorem
assessment rate is not zero or de
minimis, Commerce will instruct CBP to
collect the appropriate duties at the time
of liquidation. Where either the
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer/customer-specific ad valorem
assessment rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.23
For the respondents that were not
selected for individual examination in
this administrative review, but which
qualified for a separate rate, the
assessment rate will be based on the
weighted-average dumping margin(s)
assigned to the respondent(s), as
appropriate, in the final results of this
review.24
Pursuant to Commerce’s refinement to
its practice, for sales that were not
reported in the U.S. sales database
submitted by an exporter individually
examined during this review, Commerce
will instruct CBP to liquidate the entry
of such merchandise at the dumping
margin for the China-wide entity.25
Additionally, where Commerce
determines that an exporter under
review had no shipments of subject
merchandise to the United States during
the POR, any suspended entries of
subject merchandise that entered under
that exporter’s CBP case number during
the POR will be liquidated at the
dumping margin for the China-wide
entity.
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
Commerce will instruct CBP to
require a cash deposit for antidumping
duties equal to the weighted-average
amount by which the normal value
22 Id.
23 See
Final Modification, 77 FR at 8103.
Drawn Stainless Steel Sinks from the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments: 2014–
2015, 81 FR 29528 (May 12, 2016), and
accompanying IDM at 10–11, unchanged in Drawn
Stainless Steel Sinks from the People’s Republic of
China: Final Results of Antidumping Duty
Administrative Review; Final Determination of No
Shipments; 2014–2015, 81 FR 54042 (August 15,
2016).
25 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
24 See
E:\FR\FM\22APN1.SGM
22APN1
Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices
exceeds U.S. price. The following cash
deposit requirements will be effective
for shipments of the subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of this notice in the Federal
Register, as provided by section
751(a)(2)(C) of the Act: (1) For the
exporters listed in the table above, the
cash deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
review for the exporter (except, if the
dumping margin is de minimis (i.e., less
than 0.5 percent), then the cash deposit
rate will be zero for that exporter); (2)
for previously investigated or reviewed
Chinese and non-Chinese exporters that
are not listed in the table above but that
have separate rates, the cash deposit rate
will continue to be the exporter-specific
rate established in the most recently
completed segment of this proceeding;
(3) for all Chinese exporters of subject
merchandise which have not been
found to be entitled to a separate rate,
the cash deposit rate will be the rate for
the China-wide entity (i.e., 238.95
percent) 26 and (4) for all non-Chinese
exporters of subject merchandise that
have not received their own rate, the
cash deposit rate will be the rate
applicable to the China exporter that
supplied that non-Chinese exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties and/or
countervailing duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
and/or countervailing duties has
occurred, and the subsequent
assessment of double antidumping
duties and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213 and 351.221(b)(4).
26 See
AR1 Final, 80 FR at 41002.
VerDate Sep<11>2014
19:20 Apr 21, 2021
Jkt 253001
21281
Dated: April 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
DEPARTMENT OF COMMERCE
Appendix I
[RTID 0648–XB035]
List of Sections in the Preliminary Decision
Memorandum
New England Fishery Management
Council; Public Meeting
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative
Review
V. Preliminary Determination of No
Shipments
VI. Selection of Respondents
VII. Single Entity Treatment
VIII. Discussion of the Methodology
IX. Recommendation
AGENCY:
Appendix II
Companies Preliminarily Determined To Be
Part of the China-Wide Entity
1. De-Tech Trading Limited HK
2. Dongguan Sunworth Solar Energy Co., Ltd.
3. Eoplly New Energy Technology Co., Ltd.
4. ERA Solar Co., Ltd.
5. ET Solar Energy Limited
6. Hangzhou Sunny Energy Science &
Technology Co., Ltd.
7. Hengdian Group DMEGC Magnetics Co.,
Ltd.
8. Jiangsu High Hope Int’l Group
9. Jiawei Solarchina (Shenzhen) Co., Ltd.
10. Jiawei Solarchina Co., Ltd.
11. JinkoSolar International Ltd.27
12. LERRI Solar Technology Co., Ltd.
13. Lightway Green New Energy Co., Ltd.
14. Ningbo ETDZ Holdings, Ltd.
15. Ningbo Qixin Solar Electrical Appliance
Co., Ltd.
16. Sumec Hardware & Tools Co., Ltd.
17. Sunpreme Solar Technology (Jiaxing) Co.,
Ltd.
18. Systemes Versilis, Inc.
19. Taizhou BD Trade Co., Ltd.
20. tenKsolar (Shanghai) Co., Ltd.
21. Tianneng Yingli New Energy Resources
Co., Ltd.
22. Toenergy Technology Hangzhou Co., Ltd.
23. Yingli Green Energy International
Trading Company Limited
24. Zhejiang ERA Solar Technology Co., Ltd.
25. Zhejiang Sunflower Light Energy Science
& Technology Limited Liability
Company
[FR Doc. 2021–08363 Filed 4–21–21; 8:45 am]
BILLING CODE 3510–DS–P
27 Jinko, the owner of JinkoSolar International
Ltd., stated that it was closed prior to the POR. See
Jinko’s Letter, ‘‘Jinko Supplemental Section A
Questionnaire Response in the Seventh
Administrative Review of the Antidumping Duty
Order on Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from the
People’s Republic of China (A–570–979),’’ dated
March 4, 2021.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
National Oceanic and Atmospheric
Administration
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Habitat Joint Committee and Advisory
Panel via webinar to consider actions
affecting New England fisheries in the
exclusive economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: This meeting will be held on
Monday, May 10, 2021 at 9 a.m.
ADDRESSES: All meeting participants
and interested parties can register to
join the webinar at https://attendee.goto
webinar.com/register/2841811361
646228237.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Agenda
The Joint Committee and Advisory
Panel plan to discuss regional offshore
wind updates, including science
planning and surveys, open public
comment opportunities, Council energy
policies, and other topics. They will
also receive an update on the Plan
Development Team’s work related to
Georges Bank habitat management. The
group plans to discuss offshore
aquaculture projects and opportunities
for engagement, if necessary. They will
receive other habitat project updates,
including updates related to the
Northeast Regional Habitat Assessment.
Other business may be discussed as
necessary.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
listed in this notice and any issues
arising after publication of this notice
that require emergency action under
E:\FR\FM\22APN1.SGM
22APN1
]]>Agencies
[Federal Register Volume 86, Number 76 (Thursday, April 22, 2021)]
[Notices]
[Pages 21277-21281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08363]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-979]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Preliminary Results
of Antidumping Duty Administrative Review, Partial Rescission of
Antidumping Administrative Review, and Preliminary Determination of No
Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that the certain companies under review sold subject merchandise at
less than normal value during the period of review (POR), December 1,
2018, through November 30, 2019 and that certain other companies under
review did not ship subject merchandise to the United States during the
POR. Additionally, Commerce is rescinding this review with respect to
three companies. Interested parties are invited to comment on these
preliminary results of review.
DATES: Applicable April 22, 2021.
FOR FURTHER INFORMATION CONTACT: Jeff Pedersen or Aleksandras Nakutis,
AD/CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2769 or (202) 482-3147,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 6, 2020, in response to review requests from multiple
parties, Commerce initiated an administrative review of the antidumping
duty order on crystalline silicon photovoltaic cells, whether or not
assembled into modules (solar cells), from the People's Republic
[[Page 21278]]
of China (China).\1\ The POR is December 1, 2018, through November 30,
2019. On April 24, 2020 and July 21, 2020, Commerce tolled all
deadlines in administrative reviews by 50 days and 60 days
respectively, thereby extending the deadline for these preliminary
results of review until December 21, 2020.\2\ On December 17, 2020, and
again on March 9, 2021, Commerce extended the time limit for completing
the preliminary results of this review.\3\ The deadline for issuing the
preliminary results of this review is April 16, 2021.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 6896 (February 6, 2020) (Initiation
Notice).
\2\ 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; and
Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\3\ See Memorandum, ``2018-2019 Antidumping Duty Administrative
Review of Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People's Republic of China:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review,'' dated December 17, 2020; and Memorandum,
``2018-2019 Antidumping Duty Administrative Review of Crystalline
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules,
from the People's Republic of China: Extension of Deadline for
Preliminary Results of Antidumping Duty Administrative Review,''
dated March 9, 2021.
---------------------------------------------------------------------------
On April 29, 2020, Commerce selected two exporters to individually
examine as mandatory respondents,\4\ Jinko \5\ and Risen.\6\ During the
course of this review, the mandatory respondents filed responses to
Commerce's questionnaire and supplemental questionnaires, the
petitioner (SunPower Manufacturing Oregon, LLC) commented on those
responses, and multiple other companies for which Commerce initiated
the review filed either no-shipment claims or applications or
certifications for separate rates status. For details regarding the
events that occurred subsequent to the initiation of the review, see
the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ See Memorandum, ``2018-2019 Antidumping Duty Administrative
Review of Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China:
Respondent Selection,'' dated April 29, 2020.
\5\ Jinko refers to the following companies which Commerce is
treating as a single entity: Jinko Solar Import and Export Co.,
Ltd.; Jinko Solar Co., Ltd; JinkoSolar Technology (Haining) Co.,
Ltd.; Yuhuan Jinko Solar Co., Ltd; Zhejiang Jinko Solar Co., Ltd.
(Zhejiang Jinko); and Jiangsu Jinko Tiansheng Solar Co., Ltd.
(Jiangsu Jinko) (collectively, Jinko).
\6\ Risen refers to the following companies which Commerce is
treating as a single entity: Risen Energy Co. Ltd., Risen (Wuhai)
New Energy Co., Ltd., Zhejiang Twinsel Electronic Technology Co.,
Ltd., Risen (Luoyang) New Energy Co., Ltd., Jiujiang Shengchao Xinye
Technology Co., Ltd., Jiujiang Shengzhao Xinye Trade Co., Ltd.,
Ruichang Branch, Risen Energy (HongKong) Co., Ltd., Risen Energy
(Changzhou) Co., Ltd. (Changzhou) and Risen Energy (YIWU) Co., Ltd.
(collectively, Risen).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order is crystalline silicon
photovoltaic cells, and modules, laminates, and panels, consisting of
crystalline silicon photovoltaic cells, whether or not partially or
fully assembled into other products, including, but not limited to,
modules, laminates, panels and building integrated materials.\7\
Merchandise covered by this order is classifiable under subheadings
8501.61.0010, 8507.20.80, 8541.40.6015, 8541.40.6025, and 8501.31.8010
of the Harmonized Tariff Schedule of the United States (HTSUS).
Although the HTSUS subheadings are provided for convenience and customs
purposes, our written description of the scope of the order is
dispositive.
---------------------------------------------------------------------------
\7\ For a complete description of the scope of the order, see
Memorandum ``Decision Memorandum for the Preliminary Results of the
2018-2019 Antidumping Duty Administrative Review of Crystalline
Silicon Photovoltaic Cells, Whether or not Assembled into Modules,
from the People's Republic of China,'' issued concurrently with and
hereby adopted by this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
We found no evidence calling into question the no shipment claims
of the following companies/company groupings: (1) BYD (Shangluo)
Industrial Co., Ltd., (2) Changzhou Trina Solar Energy Co., Ltd., Trina
Solar (Changzhou) Science and Technology Co., Ltd., Yancheng Trina
Solar Energy Technology Co., Ltd., Changzhou Trina Solar Yabang Energy
Co., Ltd., Turpan Trina Solar Energy Co., Ltd., Hubei Trina Solar
Energy Co., Ltd., Trina Solar (Hefei) Science and Technology Co., Ltd.,
and (3) Shanghai BYD Co., Ltd. We also found that Wuxi Suntech Power
Co., Ltd/Luoyang Suntech Power Co., Ltd. did not ship subject
merchandise to the United States during the POR. For additional
information regarding these preliminary determinations, see the
Preliminary Decision Memorandum.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if all parties that
requested a review withdraw their requests within 90 days of the
publication date of the notice of initiation of the requested review.
All parties withdrew their requests for an administrative review of JA
Solar Technology Yangzhou Co., Ltd., JingAo Solar Co., Ltd., and
Shanghai JA Solar Technology Co., Ltd. within 90 days of the date of
publication of the Initiation Notice. Accordingly, Commerce is
rescinding this review with respect to these companies, in accordance
with 19 CFR 351.213(d)(1).
Preliminary Affiliation and Single Entity Determination
We have determined that Jinko Solar Co., Ltd (Jiangxi Jinko);
JinkoSolar Technology (Haining) Co., Ltd. (Haining Jinko); Yuhuan Jinko
Solar Co., Ltd. (Yuhuan Jinko); Zhejiang Jinko Solar Co., Ltd (Zhejiang
Jinko); and Jiangsu Jinko Tiansheng Solar Co., Ltd. (Jiangsu Jinko) and
Jinko Solar Import and Export Co., Ltd. (Jinko IE) (collectively,
Jinko), are affiliated pursuant to section 771(33)(F) of the Tariff Act
of 1930, as amended (the Act), and that all of these companies should
be treated as a single entity pursuant to 19 CFR 351.401(f)(1)-(2). For
additional information, see the Preliminary Decision Memorandum and
Jinko Collapsing Memorandum.\8\
---------------------------------------------------------------------------
\8\ Our affiliation and collapsing analysis is based on
information that has been designated business proprietary
information. For additional details, see Memorandum, ``Antidumping
Duty Administrative Review of Crystalline Silicon Photovoltaic
Cells, Whether or not Assembled into Modules, from the People's
Republic of China: Affiliation and Collapsing Memorandum for Jinko
Solar Import and Export Co., Ltd.,'' issued concurrently with this
notice.
---------------------------------------------------------------------------
Also, we have determined that the single entity--Risen Energy Co.
Ltd., Risen (Wuhai) New Energy Co., Ltd., Zhejiang Twinsel Electronic
Technology Co., Ltd., Risen (Luoyang) New Energy Co., Ltd., Jiujiang
Shengchao Xinye Technology Co., Ltd., Jiujiang Shengzhao Xinye Trade
Co., Ltd., Ruichang Branch, Risen Energy (HongKong) Co., Ltd., Risen
Energy (Changzhou) Co., Ltd. (Changzhou) is affiliated with Risen
Energy (YIWU) Co., Ltd., pursuant to section 771(33)(E) of the Act and
that all of these companies should be treated as a single entity
pursuant to 19 CFR 351.401(f)(1)-(2). For additional information, see
the Preliminary Decision Memorandum.
Separate Rates
We have preliminarily determined that the information placed on the
record by Jinko and Risen, as well as by the other companies listed in
the rate table in the ``Preliminary Results of Review'' section below,
demonstrates that these companies are entitled to separate rate status.
We have preliminarily determined that the companies listed in
Appendix II have not demonstrated their entitlement to separate rates
status because they did not file a separate rate application or
certification with
[[Page 21279]]
Commerce. We are treating the companies listed in Appendix II as part
of the China-wide entity. Because no party requested a review of the
China-wide entity, the entity is not under review and the entity's rate
(i.e., 238.95 percent) is not subject to change.\9\ In addition,
because we determined that Wuxi Suntech Power Co., Ltd/Luoyang Suntech
Power Co., Ltd. did not ship subject merchandise to the United States
during the POR, we have not considered its separate rate application.
For additional information regarding Commerce's preliminary separate
rates determinations, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\9\ The China-wide entity rate was last changed in the first
administrative review of this proceeding and has been the applicable
rate for the entity in each subsequent review, including the one
most recently completed review. See Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules, from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments; 2012-2013, 80 FR
40998, 41002 (July 14, 2015) (AR1 Final); see also Crystalline
Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules,
from the People's Republic of China: Final Results of Antidumping
Duty Administrative Review and Final Determination of No Shipments;
2017-2018, 85 FR 62275 (October 2, 2020).
---------------------------------------------------------------------------
Dumping Margins for Separate Rate Companies
The statute and Commerce's regulations do not address what rate to
apply to respondents not selected for individual 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 an investigation, for guidance when calculating the
rate for non-selected respondents that are not examined individually in
an administrative review. Section 735(c)(5)(A) of the Act states that
the all-others rate should be calculated by averaging the weighted-
average dumping margins for individually-examined respondents,
excluding rates that are zero, de minimis, or based entirely on facts
available. Where the rates for the individually for the individually
examined companies are all zero, de minimis, or based entirely on facts
available, section 735(c)(5)(B) of the Act provides that Commerce may
use ``any reasonable method'' to establish the all-others rate. We
preliminary assigned the respondents not selected for individual
examination to which we granted a separate rate the dumping margin
calculated for Jinko.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) of the Act. Commerce calculated export and
constructed export prices in accordance with section 772 of the Act.
Because Commerce has determined that China is a non-market economy
country,\10\ within the meaning of section 771(18) of the Act, Commerce
calculated normal value in accordance with section 773(c) of the Act.
---------------------------------------------------------------------------
\10\ See Antidumping Duty Investigation of Certain Aluminum Foil
from the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861 (November 2, 2017) (citing
Memorandum, ``China's Status as a Non-Market Economy,'' dated
October 26, 2017 (China NME Status Memo)), unchanged in Certain
Aluminum Foil from the People's Republic of China: Final
Determination of Sales at Less Than Fair Value, 83 FR 9282 (March 5,
2018).
---------------------------------------------------------------------------
For a full description of the methodology underlying the
preliminary results of this review, see the Preliminary Decision
Memorandum. The Preliminary Decision Memorandum is a public document
and is made available to the public via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary
Decision Memorandum can be found at https://enforcement.trade.gov/frn/.
The signed and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
We are assigning the following dumping margins to the firms listed
below for the period December 1, 2019, through November 30, 2019:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Jinko Solar Import and Export Co., Ltd./Jinko Solar Co., 13.89
Ltd./JinkoSolar Technology (Haining) Co., Ltd./Yuhuan
Jinko Solar Co., Ltd./Zhejiang Jinko Solar Co., Ltd./
Jiangsu Jinko Tiansheng Solar Co., Ltd.................
Risen Energy Co. Ltd., Risen (Wuhai) New Energy Co., 0.00
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., Risen Energy (Changzhou)
Co., Ltd. (Changzhou) and Risen Energy (YIWU) Co., Ltd.
Review-Specific Average Rate Applicable to the Following
Companies:
Anji DaSol Solar Energy Science & Technology Co., 13.89
Ltd................................................
Canadian Solar International Limited, Canadian Solar 13.89
Manufacturing (Changshu), Inc., Canadian Solar
Manufacturing (Luoyang)Inc., CSI Cells Co., Ltd.,
CSI-GCL Solar Manufacturing (YanCheng) Co., Ltd.,
CSI Solar Power (China) Inc........................
Chint Solar (Zhejiang) Co., Ltd., Chint Energy 13.89
(Haining) Co., Ltd., Chint Solar (Jiuquan) Co.,
Ltd., Chint Solar (Hong Kong) Company Limited......
LONGi Solar Technology Co., Ltd..................... 13.89
Shenzhen Sungold Solar Co., Ltd..................... 13.89
Shenzhen Topray Solar Co., Ltd...................... 13.89
Wuxi Tianran Photovoltaic Co., Ltd.................. 13.89
Yingli Energy (China) Company Limited, Baoding Tianwei 13.89
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 Aiko Solar Energy Technology Co., Ltd.......... 13.89
------------------------------------------------------------------------
[[Page 21280]]
Disclosure and Public Comment
Commerce intends to disclose to parties to the proceeding the
calculations performed for these preliminary results of review within
five days of the date of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b). Interested parties may
submit case briefs no later than 30 days after the date of publication
of these preliminary results of review in the Federal Register.\11\
Rebuttal briefs may be filed no later than seven days after case briefs
are due and may respond only to arguments raised in the case
briefs.\12\ A table of contents, list of authorities used, and an
executive summary of issues should accompany any briefs submitted to
Commerce. The summary should be limited to five pages total, including
footnotes.\13\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.309(c)(ii).
\12\ See 19 CFR 351.309(d).
\13\ See 19 CFR 351.309(c)(2), (d)(2).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, within 30 days after the date
of publication of this notice in the Federal Register.\14\ Requests
should contain the party's name, address, and telephone number, the
number of individuals from the requesting party's firm that will attend
the hearing, and a list of the issues the party intends to discuss at
the hearing. Oral arguments at the hearing will be limited to issues
raised in the briefs. If a request for a hearing is made, Commerce
intends to hold the hearing at a date and time to be determined.\15\
Parties should confirm by telephone the date and time of the hearing
two days before the scheduled date of the hearing.
---------------------------------------------------------------------------
\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
All submissions, with limited exceptions, must be filed
electronically using ACCESS.\16\ An electronically filed document must
be received successfully in its entirety by Commerce's electronic
records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due
date.\17\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information until further notice.\18\ Unless otherwise extended,
Commerce intends to issue the final results of this administrative
review, which will include the results of its analysis of issues raised
in any briefs, within 120 days of publication of these preliminary
results of review in the Federal Register, pursuant to section
751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
\16\ See generally 19 CFR 351.303.
\17\ See 19 CFR 351.303 (for general filing requirements);
Antidumping and Countervailing Duty Proceedings: Electronic Filing
Procedures; Administrative Protective Order Procedures, 76 FR 39263
(July 6, 2011).
\18\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
---------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\19\ Commerce intends to issue assessment instructions to CBP no
earlier than 35 days after date of publication of the final results of
this review in the Federal Register. If a timely summons is filed at
the U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
---------------------------------------------------------------------------
\19\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
For each individually examined respondent in this review whose
weighted-average dumping margin in the final results of review is not
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to
calculate importer/customer-specific assessment rates, in accordance
with 19 CFR 351.212(b)(1).\20\ Where the respondent reported reliable
entered values, Commerce intends to calculate importer/customer-
specific ad valorem assessment rates by aggregating the amount of
dumping calculated for all U.S. sales to the importer/customer and
dividing this amount by the total entered value of the merchandise sold
to the importer/customer.\21\ Where the respondent did not report
entered values, Commerce will calculate importer/customer-specific
assessment rates by dividing the amount of dumping for reviewed sales
to the importer/customer by the total quantity of those sales. Commerce
will calculate an estimated ad valorem importer/customer-specific
assessment rate to determine whether the per-unit assessment rate is de
minimis; however, Commerce will use the per-unit assessment rate where
entered values were not reported.\22\ Where an importer/customer-
specific ad valorem assessment rate is not zero or de minimis, Commerce
will instruct CBP to collect the appropriate duties at the time of
liquidation. Where either the respondent's weighted average dumping
margin is zero or de minimis, or an importer/customer-specific ad
valorem assessment rate is zero or de minimis, Commerce will instruct
CBP to liquidate appropriate entries without regard to antidumping
duties.\23\
---------------------------------------------------------------------------
\20\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
\21\ See 19 CFR 351.212(b)(1).
\22\ Id.
\23\ See Final Modification, 77 FR at 8103.
---------------------------------------------------------------------------
For the respondents that were not selected for individual
examination in this administrative review, but which qualified for a
separate rate, the assessment rate will be based on the weighted-
average dumping margin(s) assigned to the respondent(s), as
appropriate, in the final results of this review.\24\
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\24\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments: 2014-2015, 81
FR 29528 (May 12, 2016), and accompanying IDM at 10-11, unchanged in
Drawn Stainless Steel Sinks from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; Final
Determination of No Shipments; 2014-2015, 81 FR 54042 (August 15,
2016).
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Pursuant to Commerce's refinement to its practice, for sales that
were not reported in the U.S. sales database submitted by an exporter
individually examined during this review, Commerce will instruct CBP to
liquidate the entry of such merchandise at the dumping margin for the
China-wide entity.\25\ Additionally, where Commerce determines that an
exporter under review had no shipments of subject merchandise to the
United States during the POR, any suspended entries of subject
merchandise that entered under that exporter's CBP case number during
the POR will be liquidated at the dumping margin for the China-wide
entity.
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\25\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
Commerce will instruct CBP to require a cash deposit for
antidumping duties equal to the weighted-average amount by which the
normal value
[[Page 21281]]
exceeds U.S. price. The following cash deposit requirements will be
effective for shipments of the subject merchandise from China entered,
or withdrawn from warehouse, for consumption on or after the
publication date of this notice in the Federal Register, as provided by
section 751(a)(2)(C) of the Act: (1) For the exporters listed in the
table above, the cash deposit rate will be equal to the weighted-
average dumping margin established in the final results of this review
for the exporter (except, if the dumping margin is de minimis (i.e.,
less than 0.5 percent), then the cash deposit rate will be zero for
that exporter); (2) for previously investigated or reviewed Chinese and
non-Chinese exporters that are not listed in the table above but that
have separate rates, the cash deposit rate will continue to be the
exporter-specific rate established in the most recently completed
segment of this proceeding; (3) for all Chinese exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be the rate for the China-wide entity
(i.e., 238.95 percent) \26\ and (4) for all non-Chinese exporters of
subject merchandise that have not received their own rate, the cash
deposit rate will be the rate applicable to the China exporter that
supplied that non-Chinese exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
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\26\ See AR1 Final, 80 FR at 41002.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties and/or countervailing
duties prior to liquidation of the relevant entries during this POR.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping duties and/or
countervailing duties has occurred, and the subsequent assessment of
double antidumping duties and/or an increase in the amount of
antidumping duties by the amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and
351.221(b)(4).
Dated: April 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Sections in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Preliminary Determination of No Shipments
VI. Selection of Respondents
VII. Single Entity Treatment
VIII. Discussion of the Methodology
IX. Recommendation
Appendix II
Companies Preliminarily Determined To Be Part of the China-Wide Entity
1. De-Tech Trading Limited HK
2. Dongguan Sunworth Solar Energy Co., Ltd.
3. Eoplly New Energy Technology Co., Ltd.
4. ERA Solar Co., Ltd.
5. ET Solar Energy Limited
6. Hangzhou Sunny Energy Science & Technology Co., Ltd.
7. Hengdian Group DMEGC Magnetics Co., Ltd.
8. Jiangsu High Hope Int'l Group
9. Jiawei Solarchina (Shenzhen) Co., Ltd.
10. Jiawei Solarchina Co., Ltd.
11. JinkoSolar International Ltd.\27\
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\27\ Jinko, the owner of JinkoSolar International Ltd., stated
that it was closed prior to the POR. See Jinko's Letter, ``Jinko
Supplemental Section A Questionnaire Response in the Seventh
Administrative Review of the Antidumping Duty Order on Crystalline
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules,
from the People's Republic of China (A-570-979),'' dated March 4,
2021.
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12. LERRI Solar Technology Co., Ltd.
13. Lightway Green New Energy Co., Ltd.
14. Ningbo ETDZ Holdings, Ltd.
15. Ningbo Qixin Solar Electrical Appliance Co., Ltd.
16. Sumec Hardware & Tools Co., Ltd.
17. Sunpreme Solar Technology (Jiaxing) Co., Ltd.
18. Systemes Versilis, Inc.
19. Taizhou BD Trade Co., Ltd.
20. tenKsolar (Shanghai) Co., Ltd.
21. Tianneng Yingli New Energy Resources Co., Ltd.
22. Toenergy Technology Hangzhou Co., Ltd.
23. Yingli Green Energy International Trading Company Limited
24. Zhejiang ERA Solar Technology Co., Ltd.
25. Zhejiang Sunflower Light Energy Science & Technology Limited
Liability Company
[FR Doc. 2021-08363 Filed 4-21-21; 8:45 am]
BILLING CODE 3510-DS-P
