Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Intent To Rescind, in Part; 2018, 21691-21693 [2021-08525]
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Federal Register / Vol. 86, No. 77 / Friday, April 23, 2021 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–980]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Preliminary Results of
Countervailing Duty Administrative
Review and Intent To Rescind, in Part;
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
crystalline silicon photovoltaic cells,
whether or not assembled into modules,
(solar cells) from the People’s Republic
of China (China). Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable April 23, 2021.
FOR FURTHER INFORMATION CONTACT:
Robert Copyak or Lingjun Wang, AD/
CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3642 or
(202) 482–2316.
SUPPLEMENTARY INFORMATION:
AGENCY:
khammond on DSKJM1Z7X2PROD with NOTICES
Background
On February 6, 2020, Commerce
initiated an administrative review of the
countervailing duty order on solar cells
from China.1 The period of review
(POR) is January 1, 2018, through
December 31, 2018. This review covers
58 companies, of which Jiawei
Solarchina Co. Ltd. (Solarchina) and
Wuxi Tianran Photovoltaic Co., Ltd.
(Tianran) are the mandatory
respondents. Solarchina was
unresponsive to Commerce’s initial
questionnaire. Further, Tianran reported
that its subject merchandise exported
during the POR was produced by
unaffiliated producers Anji DaSol Solar
Energy Science & Technology Co., Ltd.
(DaSol) and Wuxi Taichang Electronics
Co., Ltd. (Taichang). One of Taichang’s
cross-owned companies did not provide
a full response to the initial
questionnaire.
On April 24, 2020, Commerce tolled
all deadlines in administrative reviews
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
6896 (February 6, 2020) (Initiation Notice).
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18:15 Apr 22, 2021
Jkt 253001
by 50 days.2 Subsequently, on July 21,
2020, Commerce tolled certain
deadlines in administrative reviews by
an additional 60 days.3 On December 2,
2020, Commerce extended the deadline
for these preliminary results until no
later than April 19, 2021.4
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.5 A list of topics
discussed in the Preliminary Decision
Memorandum is included as the
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic 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 accessed directly at https://
enforcement.trade.gov/frn/.
Scope of the Order
The products covered by the
countervailing duty order are 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. For a complete
description of the scope of this order,
see the Preliminary Decision
Memorandum.
Intend To Rescind Review, in Part
Pursuant to 19 CFR 351.213(d)(3), we
intend to rescind this review on the
basis of no shipments with respect to:
(1) Chint Solar (Zhejiang) Co., Ltd.
(Chint); 6 (2) Trina Solar Energy Co.,
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.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
4 See Memorandum, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China:
Countervailing Duty Administrative Review; 2018:
Extension of Deadline for Preliminary Results,’’
dated December 2, 2020.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Countervailing Duty Order on
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled Into Modules, from the People’s
Republic of China; 2018,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
6 See Chint’s Letter, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into
Modules from the People’s Republic of China—
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21691
Ltd., and its cross-owned companies
(collectively, Trina); 7 and (3) eight
companies listed in the no shipment
letter filed by Yingli Green Energy
Holding Company Limited.8
In addition, in accordance with 19
CFR 351.213(d)(3), we intend to rescind
this review on the basis of no
reviewable suspended entries of subject
merchandise, according to the U.S.
Customs and Border Protection (CBP
data), with respect to an additional 25
companies. See Preliminary Decision
Memorandum for a full discussion, and
Appendix III for a complete list of the
companies for which we intend to
rescind this administrative review.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each of the subsidy programs found
countervailable, Commerce
preliminarily finds that there is a
subsidy, i.e., a financial contribution
from an authority that gives rise to a
benefit to the recipient, and that the
subsidy is specific.9 For a full
description of the methodology
underlying our preliminary conclusions,
including our reliance, in part, on
adverse facts available, with the
application of adverse inferences,
pursuant to sections 776(a) and (b) of
the Act, see the Preliminary Decision
Memorandum.
Preliminary Rate for Non-Selected
Companies Under Review
There are 16 companies for which a
review was requested, had reviewable
Chint Zhejiang No Shipment Letter,’’ dated March
9, 2020.
7 See Trina’s Letter, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into
Modules from the People’s Republic of China—
Notice of No Sales,’’ dated March 9, 2020. Trina’s
cross-owned companies are: Changzhou Trina Solar
Yabang Energy Co., Ltd., Trina Solar (Changzhou)
Science and Technology Co., Ltd., Turpan Trina
Solar Energy Co., Ltd., Hubei Trina Solar Energy
Co., Ltd., and Yancheng Trina Solar Energy
Technology Co., Ltd.
8 See Yingli’s Letter, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into
Modules from the People’s Republic of China—
Yingli’s No Shipment Certification,’’ dated March 9,
2020. The companies for which we intend to
rescind this administrative review are: 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., Hainan Yingli New Energy Resources Co., Ltd.,
Yingli Green Energy International Trading
Company Limited, and Shenzhen Yingli New
Energy Resources Co., Ltd.
9 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
E:\FR\FM\23APN1.SGM
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Federal Register / Vol. 86, No. 77 / Friday, April 23, 2021 / Notices
entries and which were not selected as
mandatory respondents or found to be
cross-owned with a mandatory
respondent. See Appendix II. Because
the rate calculated for the mandatory
respondent, Tianran, was above de
minimis and not based entirely on facts
available, we applied the subsidy rate
calculated for Tianran to these nonselected companies. This methodology
for establishing the subsidy rate for the
non-selected companies is consistent
with our practice and with section
705(c)(5)(A) of the Act.
Preliminary Results of Review
In accordance with 19 CFR
351.221(b)(4)(i), we calculated a
countervailable subsidy rate for the
mandatory respondent Tianran. Further,
pursuant to 19 CFR 351.525(c), we
cumulated the benefits from subsidies
received by Tianran and DaSol.10 We
determined the countervailable subsidy
rate for Solarchina based entirely on
adverse facts available, in accordance
with section 776 of the Act. We also
assigned an individual estimated
subsidy rate based on adverse facts
available to Tianran’s other unaffiliated
supplier Taichang, in accordance with
section 776 of the Act. Therefore, the
only rate that is not zero, de minimis,
or based entirely on facts otherwise
available is the rate calculated for
Tianran. Consequently, as discussed
above, the rate calculated for Tianran is
also assigned as the rate for all other
producers and exporters subject to this
review but not selected for individual
examination (i.e., non-selected
companies).
Commerce preliminarily determines
the net countervailable subsidy rates for
the period January 1, 2018 through
December 31, 2018, are as follows:
Subsidy rate
(percent)
Company
Jiawei Solarchina Co. Ltd. ...................................................................................................................................................................
Wuxi Tianran Photovoltaic Co., Ltd. ....................................................................................................................................................
Wuxi Taichang Electronics Co., Ltd. 12 ...............................................................................................................................................
Non-Selected Companies Under Review 13 ........................................................................................................................................
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Disclosure and Public Comment
We will disclose to parties to this
proceeding the calculations performed
in reaching the preliminary results
within five days of publication of these
preliminary results.14 Interested parties
may submit written comments (case
briefs) on the preliminarily results no
later than 30 days from the date of
publication of this notice, and rebuttal
comments (rebuttal briefs) within seven
days after the time limit for filing case
briefs.15 Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case
briefs. Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit case or
rebuttal briefs are requested to submit
with the argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.16
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance within 30 days of the
publication date of this notice. Hearing
requests should contain: (1) The party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
10 For a more detailed discussion see the
Preliminary Decision Memorandum.
11 This rate applies to subject merchandise
exported by Tianran and produced by companies
other than Taichang.
12 Commerce preliminarily finds the following
companies to be cross-owned with Taichang: China
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18:15 Apr 22, 2021
Jkt 253001
date to be determined. Parties should
confirm the date and time of the hearing
two days before the schedule date.
Parties are reminded that briefs and
hearing requests are to be filed
electronically and received successfully
in their entirety through ACCESS by
5:00 p.m. Eastern Time on the due date.
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.17
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised by the parties in their
comments, within 120 days after
publication of these preliminary results.
Assessment Rates
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts
shown above for the producer/exporters
shown above. Upon completion of the
administrative review, consistent with
section 751(a)(2)(C) of the Act and 19
CFR 351.212(b)(2), Commerce shall
determine, and CBP shall assess,
countervailing duties on all appropriate
entries covered by this review. We
intend to issue the assessment
Machinery Engineering Wuxi Co., Ltd (CMEW), and
China Machinery Engineering Corporation (CMEC).
13 See Appendix II of this notice for a list of all
companies that remain under review but were not
selected for individual examination, and to whom
Commerce has preliminarily assigned the nonselected company rate.
PO 00000
Frm 00010
Fmt 4703
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541.94
35.63 11
541.94
35.63
instructions to CBP 35 days after
publication of the final results of this
review.
Cash Deposit Requirement
In accordance with section
751(a)(2)(C) of the Act, Commerce
intends, upon publication of the final
results, to instruct CBP to collect cash
deposit of estimated countervailing
duties in the amounts shown for each of
the respective companies listed above
on shipments of subject merchandise
entered, or withdrawal from warehouse,
for consumption on or after the
publication date of the final results of
this review. For all non-reviewed firms,
we will instruct CBP to continue to
collect cash deposits at the most-recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Interested Parties
These preliminary results are issued
and published pursuant to sections
751(a)(l) and 777(i)(l) of the Act, and 19
CFR 351.213 and 351.221(b)(4).
14 See
19 CFR 351.224(b).
19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
16 See 19 CFR 351.309(c)(2) and (d)(2).
17 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
15 See
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Federal Register / Vol. 86, No. 77 / Friday, April 23, 2021 / Notices
Dated: April 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Intent to Rescind Review, In Part
IV. Non-Selected Companies Under Review
V. Scope of the Order
VI. Diversification of China’s Economy
VII. Subsidies Valuation
VIII. Interest Rate Benchmarks, Discount
Rates, Inputs, Electricity, and Land
Benchmarks
IX. Use of Facts Otherwise Available and
Application of Adverse Inferences
X. Analysis of Programs
XI. Disclosure and Public Comment
XII. Recommendation
Appendix II—Non-Selected Companies
Under Review
1. Anji DaSol Solar Energy Science &
Technology Co., Ltd.
2. Canadian Solar International Limited
3. JA Solar Technology Yangzhou Co., Ltd.
4. Jiawei Solarchina (Shenzhen) Co., Ltd.
5. JingAo Solar Co., Ltd.
6. Jinko Solar Co., Ltd.
7. Jinko Solar Import and Export Co., Ltd.
8. Ningbo Qixin Solar Electrical Appliance
Co., Ltd.
9. Risen Energy Co., Ltd.
10. Shanghai BYD Co., Ltd.
11. Shanghai JA Solar Technology Co., Ltd.
12. Shenzhen Sungold Solar Co., Ltd.
13. Shenzhen Topray Solar Co., Ltd.
14. Taizhou BD Trade Co., Ltd.
15. Wuxi Suntech Power Co., Ltd. Luoyang
Suntech Power Co., Ltd.
16. Yingli Energy (China) Co., Ltd.
khammond on DSKJM1Z7X2PROD with NOTICES
Appendix III—Intent To Rescind
Review, In Part
1. Baoding Jiasheng Photovoltaic Technology
Co., Ltd.
2. Baoding Tianwei Yingli New Energy
Resources Co., Ltd.
3. BYD (Shangluo) Industrial Co., Ltd.
4. Canadian Solar Manufacturing (Changshu)
Inc.
5. Canadian Solar Manufacturing (Luoyang)
Inc.
6. Changzhou Trina Solar Energy Co., Ltd.
7. Changzhou Trina Solar Yabang Energy Co.,
Ltd.
8. Chint Solar (Zhejiang) Co., Ltd.
9. De-Tech Trading Limited HK
10. Dongguan Sunworth Solar Energy Co.,
Ltd.
11. Eoplly New Energy Technology Co., Ltd.
12. ERA Solar Co., Ltd.
13. ET Solar Energy Limited
14. Hainan Yingli New Energy Resources Co.,
Ltd.
15. Hangzhou Sunny Energy Science and
Technology Co., Ltd.
16. Hengdian Group DMEGC Magnetics Co.,
Ltd.
17. Hengshui Yingli New Energy Resources
Co., Ltd.
18. Hubei Trina Solar Energy Co., Ltd.
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18:15 Apr 22, 2021
Jkt 253001
19. Jiangsu High Hope Int’l Group
20. Jinko Solar International Limited
21. LERRI Solar Technology Co., Ltd.
22. Light Way Green New Energy Co., Ltd.
23. Lixian Yingli New Energy Resources Co.,
Ltd.
24. Luoyang Suntech Power Co., Ltd.
25. Ningbo ETDZ Holdings, Ltd.
26. Shenzhen Yingli New Energy Resources
Co., Ltd.
27. Sumec Hardware & Tools Co., Ltd.
28. Sunpreme Solar Technology (Jiaxing) Co.,
Ltd.
29. Systemes Versilis, Inc.
30. tenKsolar (Shanghai) Co., Ltd.
31. Tianjin Yingli New Energy Resources Co.,
Ltd.
32. Tianneng Yingli New Energy Resources
Co., Ltd.
33. Toenergy Technology Hangzhou Co., Ltd.
34. Trina Solar (Changzhou) Science and
Technology Co., Ltd.
35. Turpan Trina Solar Energy Co., Ltd.
36. Yancheng Trina Solar Energy Technology
Co., Ltd.
37. Yingli Green Energy International
Trading Company Limited
38. Zhejiang ERA Solar Technology Co., Ltd.
39. Zhejiang Jinko Solar Co., Ltd.
40. Zhejiang Sunflower Light Energy Science
& Technology Limited Liability
Company
[FR Doc. 2021–08525 Filed 4–22–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–971]
Multilayered Wood Flooring From the
People’s Republic of China:
Preliminary Results of Countervailing
Duty Administrative Review, and Intent
To Rescind Review, in Part; 2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
multilayered wood flooring (wood
flooring) from the People’s Republic of
China (China). The period of review
(POR) is January 1, 2018, through
December 31, 2018. Interested parties
are invited to comment on these
preliminary results of review.
DATES: Applicable April 23, 2021.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure or Suzanne Lam, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: 202–482–5973 or
202–482–0783, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
PO 00000
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21693
Background
On December 8, 2011, Commerce
issued a countervailing duty (CVD)
order on multilayered wood flooring
from China.1 Several interested parties
requested that Commerce conduct an
administrative review of the Order and,
on February 6, 2021, Commerce
published in the Federal Register a
notice of initiation of an administrative
review of the Order on 166 producers/
exporters for the POR.2 On July 16,
2020, we rescinded this administrative
review, in part, with respect to 91
companies, based on timely withdrawal
of review requests.3 For events that
occurred since the Initiation Notice, see
the Preliminary Decision
Memorandum.4
Scope of the Order
The product covered by the Order is
wood flooring from China. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.
Intent to Rescind Administrative
Review, in Part
Based on our analysis of U.S. Customs
and Border Protection (CBP)
information, and the no shipment
certifications submitted by Innomaster
Home (Zhongshan) Co., Ltd., Jiangsu
Yuhui International Trade Co., Ltd.,
Jiashan On-Line Lumber Co., Ltd., and
Shandong Longteng Wood Co., Ltd.,5
Commerce preliminarily determines
that these companies had no shipments
of subject merchandise during the POR.
For additional information regarding
this determination, see the Preliminary
Decision Memorandum. Absent any
evidence of shipments being placed on
the record, pursuant to 19 CFR
351.213(d)(3), we intend to rescind the
administrative review of these
companies in the final results of review.
1 See Multilayered Wood Flooring from the
People’s Republic of China: Countervailing Duty
Order, 76 FR 76693 (December 8, 2011) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
6896 (February 6, 2020) (Initiation Notice).
3 See Multilayered Wood Flooring from the
People’s Republic of China: Partial Rescission of
Countervailing Duty Administrative Review; 2018,
85 FR 43207 (July 16, 2020).
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results in the Countervailing Duty
Administrative Review of Multilayered Wood
Flooring from the People’s Republic of China;
2018,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
5 See Memorandum, ‘‘No Shipment Inquiry for
certain companies during the period 01/01/2018
through 12/31/2018,’’ dated March 26, 2021.
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Agencies
[Federal Register Volume 86, Number 77 (Friday, April 23, 2021)]
[Notices]
[Pages 21691-21693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08525]
[[Page 21691]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-980]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Preliminary Results
of Countervailing Duty Administrative Review and Intent To Rescind, in
Part; 2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of crystalline silicon photovoltaic cells, whether or not
assembled into modules, (solar cells) from the People's Republic of
China (China). Interested parties are invited to comment on these
preliminary results.
DATES: Applicable April 23, 2021.
FOR FURTHER INFORMATION CONTACT: Robert Copyak or Lingjun Wang, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3642 or (202) 482-2316.
SUPPLEMENTARY INFORMATION:
Background
On February 6, 2020, Commerce initiated an administrative review of
the countervailing duty order on solar cells from China.\1\ The period
of review (POR) is January 1, 2018, through December 31, 2018. This
review covers 58 companies, of which Jiawei Solarchina Co. Ltd.
(Solarchina) and Wuxi Tianran Photovoltaic Co., Ltd. (Tianran) are the
mandatory respondents. Solarchina was unresponsive to Commerce's
initial questionnaire. Further, Tianran reported that its subject
merchandise exported during the POR was produced by unaffiliated
producers Anji DaSol Solar Energy Science & Technology Co., Ltd.
(DaSol) and Wuxi Taichang Electronics Co., Ltd. (Taichang). One of
Taichang's cross-owned companies did not provide a full response to the
initial questionnaire.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 6896 (February 6, 2020) (Initiation
Notice).
---------------------------------------------------------------------------
On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days.\2\ Subsequently, on July 21, 2020, Commerce tolled
certain deadlines in administrative reviews by an additional 60
days.\3\ On December 2, 2020, Commerce extended the deadline for these
preliminary results until no later than April 19, 2021.\4\
---------------------------------------------------------------------------
\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.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\4\ See Memorandum, ``Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the People's Republic of
China: Countervailing Duty Administrative Review; 2018: Extension of
Deadline for Preliminary Results,'' dated December 2, 2020.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of topics discussed in the Preliminary Decision Memorandum is
included as the appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic 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 accessed directly
at https://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China; 2018,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the countervailing duty order are
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. For a complete description of the scope of this order, see
the Preliminary Decision Memorandum.
Intend To Rescind Review, in Part
Pursuant to 19 CFR 351.213(d)(3), we intend to rescind this review
on the basis of no shipments with respect to: (1) Chint Solar
(Zhejiang) Co., Ltd. (Chint); \6\ (2) Trina Solar Energy Co., Ltd., and
its cross-owned companies (collectively, Trina); \7\ and (3) eight
companies listed in the no shipment letter filed by Yingli Green Energy
Holding Company Limited.\8\
---------------------------------------------------------------------------
\6\ See Chint's Letter, ``Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled into Modules from the People's
Republic of China--Chint Zhejiang No Shipment Letter,'' dated March
9, 2020.
\7\ See Trina's Letter, ``Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled into Modules from the People's
Republic of China--Notice of No Sales,'' dated March 9, 2020.
Trina's cross-owned companies are: Changzhou Trina Solar Yabang
Energy Co., Ltd., Trina Solar (Changzhou) Science and Technology
Co., Ltd., Turpan Trina Solar Energy Co., Ltd., Hubei Trina Solar
Energy Co., Ltd., and Yancheng Trina Solar Energy Technology Co.,
Ltd.
\8\ See Yingli's Letter, ``Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled into Modules from the People's
Republic of China--Yingli's No Shipment Certification,'' dated March
9, 2020. The companies for which we intend to rescind this
administrative review are: 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., Hainan Yingli New Energy Resources Co., Ltd., Yingli
Green Energy International Trading Company Limited, and Shenzhen
Yingli New Energy Resources Co., Ltd.
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In addition, in accordance with 19 CFR 351.213(d)(3), we intend to
rescind this review on the basis of no reviewable suspended entries of
subject merchandise, according to the U.S. Customs and Border
Protection (CBP data), with respect to an additional 25 companies. See
Preliminary Decision Memorandum for a full discussion, and Appendix III
for a complete list of the companies for which we intend to rescind
this administrative review.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs found countervailable, Commerce
preliminarily finds that there is a subsidy, i.e., a financial
contribution from an authority that gives rise to a benefit to the
recipient, and that the subsidy is specific.\9\ For a full description
of the methodology underlying our preliminary conclusions, including
our reliance, in part, on adverse facts available, with the application
of adverse inferences, pursuant to sections 776(a) and (b) of the Act,
see the Preliminary Decision Memorandum.
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\9\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Preliminary Rate for Non-Selected Companies Under Review
There are 16 companies for which a review was requested, had
reviewable
[[Page 21692]]
entries and which were not selected as mandatory respondents or found
to be cross-owned with a mandatory respondent. See Appendix II. Because
the rate calculated for the mandatory respondent, Tianran, was above de
minimis and not based entirely on facts available, we applied the
subsidy rate calculated for Tianran to these non-selected companies.
This methodology for establishing the subsidy rate for the non-selected
companies is consistent with our practice and with section 705(c)(5)(A)
of the Act.
Preliminary Results of Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated a
countervailable subsidy rate for the mandatory respondent Tianran.
Further, pursuant to 19 CFR 351.525(c), we cumulated the benefits from
subsidies received by Tianran and DaSol.\10\ We determined the
countervailable subsidy rate for Solarchina based entirely on adverse
facts available, in accordance with section 776 of the Act. We also
assigned an individual estimated subsidy rate based on adverse facts
available to Tianran's other unaffiliated supplier Taichang, in
accordance with section 776 of the Act. Therefore, the only rate that
is not zero, de minimis, or based entirely on facts otherwise available
is the rate calculated for Tianran. Consequently, as discussed above,
the rate calculated for Tianran is also assigned as the rate for all
other producers and exporters subject to this review but not selected
for individual examination (i.e., non-selected companies).
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\10\ For a more detailed discussion see the Preliminary Decision
Memorandum.
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Commerce preliminarily determines the net countervailable subsidy
rates for the period January 1, 2018 through December 31, 2018, are as
follows:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Jiawei Solarchina Co. Ltd............................... 541.94
Wuxi Tianran Photovoltaic Co., Ltd...................... 35.63 \11\
Wuxi Taichang Electronics Co., Ltd. \12\................ 541.94
Non-Selected Companies Under Review \13\................ 35.63
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Disclosure and Public Comment
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\11\ This rate applies to subject merchandise exported by
Tianran and produced by companies other than Taichang.
\12\ Commerce preliminarily finds the following companies to be
cross-owned with Taichang: China Machinery Engineering Wuxi Co., Ltd
(CMEW), and China Machinery Engineering Corporation (CMEC).
\13\ See Appendix II of this notice for a list of all companies
that remain under review but were not selected for individual
examination, and to whom Commerce has preliminarily assigned the
non-selected company rate.
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We will disclose to parties to this proceeding the calculations
performed in reaching the preliminary results within five days of
publication of these preliminary results.\14\ Interested parties may
submit written comments (case briefs) on the preliminarily results no
later than 30 days from the date of publication of this notice, and
rebuttal comments (rebuttal briefs) within seven days after the time
limit for filing case briefs.\15\ Pursuant to 19 CFR 351.309(d)(2),
rebuttal briefs must be limited to issues raised in the case briefs.
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case or
rebuttal briefs are requested to submit with the argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\16\
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\14\ See 19 CFR 351.224(b).
\15\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
\16\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of the
publication date of this notice. Hearing requests should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined. Parties should confirm the date and
time of the hearing two days before the schedule date.
Parties are reminded that briefs and hearing requests are to be
filed electronically and received successfully in their entirety
through ACCESS by 5:00 p.m. Eastern Time on the due date. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\17\
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\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final results of this
administrative review, including the results of its analysis of the
issues raised by the parties in their comments, within 120 days after
publication of these preliminary results.
Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producer/
exporters shown above. Upon completion of the administrative review,
consistent with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce shall determine, and CBP shall assess,
countervailing duties on all appropriate entries covered by this
review. We intend to issue the assessment instructions to CBP 35 days
after publication of the final results of this review.
Cash Deposit Requirement
In accordance with section 751(a)(2)(C) of the Act, Commerce
intends, upon publication of the final results, to instruct CBP to
collect cash deposit of estimated countervailing duties in the amounts
shown for each of the respective companies listed above on shipments of
subject merchandise entered, or withdrawal from warehouse, for
consumption on or after the publication date of the final results of
this review. For all non-reviewed firms, we will instruct CBP to
continue to collect cash deposits at the most-recent company-specific
or all-others rate applicable to the company, as appropriate. These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Interested Parties
These preliminary results are issued and published pursuant to
sections 751(a)(l) and 777(i)(l) of the Act, and 19 CFR 351.213 and
351.221(b)(4).
[[Page 21693]]
Dated: April 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Intent to Rescind Review, In Part
IV. Non-Selected Companies Under Review
V. Scope of the Order
VI. Diversification of China's Economy
VII. Subsidies Valuation
VIII. Interest Rate Benchmarks, Discount Rates, Inputs, Electricity,
and Land Benchmarks
IX. Use of Facts Otherwise Available and Application of Adverse
Inferences
X. Analysis of Programs
XI. Disclosure and Public Comment
XII. Recommendation
Appendix II--Non-Selected Companies Under Review
1. Anji DaSol Solar Energy Science & Technology Co., Ltd.
2. Canadian Solar International Limited
3. JA Solar Technology Yangzhou Co., Ltd.
4. Jiawei Solarchina (Shenzhen) Co., Ltd.
5. JingAo Solar Co., Ltd.
6. Jinko Solar Co., Ltd.
7. Jinko Solar Import and Export Co., Ltd.
8. Ningbo Qixin Solar Electrical Appliance Co., Ltd.
9. Risen Energy Co., Ltd.
10. Shanghai BYD Co., Ltd.
11. Shanghai JA Solar Technology Co., Ltd.
12. Shenzhen Sungold Solar Co., Ltd.
13. Shenzhen Topray Solar Co., Ltd.
14. Taizhou BD Trade Co., Ltd.
15. Wuxi Suntech Power Co., Ltd. Luoyang Suntech Power Co., Ltd.
16. Yingli Energy (China) Co., Ltd.
Appendix III--Intent To Rescind Review, In Part
1. Baoding Jiasheng Photovoltaic Technology Co., Ltd.
2. Baoding Tianwei Yingli New Energy Resources Co., Ltd.
3. BYD (Shangluo) Industrial Co., Ltd.
4. Canadian Solar Manufacturing (Changshu) Inc.
5. Canadian Solar Manufacturing (Luoyang) Inc.
6. Changzhou Trina Solar Energy Co., Ltd.
7. Changzhou Trina Solar Yabang Energy Co., Ltd.
8. Chint Solar (Zhejiang) Co., Ltd.
9. De-Tech Trading Limited HK
10. Dongguan Sunworth Solar Energy Co., Ltd.
11. Eoplly New Energy Technology Co., Ltd.
12. ERA Solar Co., Ltd.
13. ET Solar Energy Limited
14. Hainan Yingli New Energy Resources Co., Ltd.
15. Hangzhou Sunny Energy Science and Technology Co., Ltd.
16. Hengdian Group DMEGC Magnetics Co., Ltd.
17. Hengshui Yingli New Energy Resources Co., Ltd.
18. Hubei Trina Solar Energy Co., Ltd.
19. Jiangsu High Hope Int'l Group
20. Jinko Solar International Limited
21. LERRI Solar Technology Co., Ltd.
22. Light Way Green New Energy Co., Ltd.
23. Lixian Yingli New Energy Resources Co., Ltd.
24. Luoyang Suntech Power Co., Ltd.
25. Ningbo ETDZ Holdings, Ltd.
26. Shenzhen Yingli New Energy Resources Co., Ltd.
27. Sumec Hardware & Tools Co., Ltd.
28. Sunpreme Solar Technology (Jiaxing) Co., Ltd.
29. Systemes Versilis, Inc.
30. tenKsolar (Shanghai) Co., Ltd.
31. Tianjin Yingli New Energy Resources Co., Ltd.
32. Tianneng Yingli New Energy Resources Co., Ltd.
33. Toenergy Technology Hangzhou Co., Ltd.
34. Trina Solar (Changzhou) Science and Technology Co., Ltd.
35. Turpan Trina Solar Energy Co., Ltd.
36. Yancheng Trina Solar Energy Technology Co., Ltd.
37. Yingli Green Energy International Trading Company Limited
38. Zhejiang ERA Solar Technology Co., Ltd.
39. Zhejiang Jinko Solar Co., Ltd.
40. Zhejiang Sunflower Light Energy Science & Technology Limited
Liability Company
[FR Doc. 2021-08525 Filed 4-22-21; 8:45 am]
BILLING CODE 3510-DS-P