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]

Download as PDF 21277 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 For the companies for which this review is rescinded, Commerce will instruct CBP to assess countervailing duties on all appropriate entries at a rate equal to the cash deposit of estimated countervailing duties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. VerDate Sep<11>2014 19:20 Apr 21, 2021 Jkt 253001 20.05 20.05 20.05 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 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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 E:\FR\FM\22APN1.SGM 22APN1 21278 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). VerDate Sep<11>2014 19:20 Apr 21, 2021 Jkt 253001 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). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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. E:\FR\FM\22APN1.SGM 22APN1 21279 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; VerDate Sep<11>2014 19:20 Apr 21, 2021 Jkt 253001 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 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 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). E:\FR\FM\22APN1.SGM 22APN1 21280 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); VerDate Sep<11>2014 19:20 Apr 21, 2021 Jkt 253001 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). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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

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

    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated antidumping 
duties, where applicable.

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

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

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties and/or countervailing 
duties prior to liquidation of the relevant entries during this POR. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping duties and/or 
countervailing duties has occurred, and the subsequent assessment of 
double antidumping duties and/or an increase in the amount of 
antidumping duties by the amount of the countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 
351.221(b)(4).

    Dated: 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\
---------------------------------------------------------------------------

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

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