Certain Crystalline Silicon Photovoltaic Products From Taiwan: Preliminary Results; Preliminary Intent To Rescind and Partial Rescission of Antidumping Duty Administrative Review; and Preliminary Determination of No Shipments; 2019-2020, 22630-22633 [2021-08921]
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Federal Register / Vol. 86, No. 81 / Thursday, April 29, 2021 / Notices
Any party having a substantial
interest in these proceedings may
request a public hearing on the matter.
A written request for a hearing must be
submitted to the Trade Adjustment
Assistance Division, Room 71030,
Economic Development Administration,
U.S. Department of Commerce,
Washington, DC 20230, no later than ten
(10) calendar days following publication
of this notice. These petitions are
received pursuant to section 251 of the
Trade Act of 1974, as amended.
Please follow the requirements set
forth in EDA’s regulations at 13 CFR
315.8 for procedures to request a public
hearing. The Catalog of Federal
Domestic Assistance official number
and title for the program under which
these petitions are submitted is 11.313,
Trade Adjustment Assistance for Firms.
Bryan Borlik,
Director.
[FR Doc. 2021–08974 Filed 4–28–21; 8:45 am]
BILLING CODE 3510–WH–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 94–7A007]
Export Trade Certificate of Review
Notice of Application to Amend
the Export Trade Certificate of Review
for Florida Citrus Exports, L.C. (‘‘FCE’’),
Application no. 94–7A007.
ACTION:
The Office of Trade and
Economic Analysis (‘‘OTEA’’) of the
International Trade Administration,
Department of Commerce, has received
an application for an amended Export
Trade Certificate of Review
(‘‘Certificate’’). This notice summarizes
the proposed application and requests
comments relevant to whether the
Certificate should be issued.
FOR FURTHER INFORMATION CONTACT:
Joseph Flynn, Director, Office of Trade
and Economic Analysis, International
Trade Administration, (202) 482–5131
(this is not a toll-free number) or email
at etca@trade.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4001–21) (‘‘the Act’’)
authorizes the Secretary of Commerce to
issue Export Trade Certificates of
Review. A Certificate protects the holder
and the members identified in the
Certificate from State and Federal
government antitrust actions and from
private treble damage antitrust actions
for the export conduct specified in the
Certificate and carried out in
compliance with its terms and
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SUMMARY:
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conditions. The regulations
implementing Title III are found at 15
CFR part 325. OTEA is issuing this
notice pursuant to 15 CFR 325.6(a),
which requires the Secretary of
Commerce to publish a summary of the
application in the Federal Register,
identifying the applicant and each
member and summarizing the proposed
export conduct.
Request for Public Comments
Interested parties may submit written
comments relevant to the determination
whether an amended Certificate should
be issued. If the comments include any
privileged or confidential business
information, it must be clearly marked
and a nonconfidential version of the
comments (identified as such) should be
included. Any comments not marked as
privileged or confidential business
information will be deemed to be
nonconfidential.
Written comments should be sent to
ETCA@trade.gov. An original and five
(5) copies, plus two (2) copies of the
nonconfidential version, should also be
submitted no later than 20 days after the
date of this notice to: Office of Trade
and Economic Analysis, International
Trade Administration, U.S. Department
of Commerce, Room 21028, Washington,
DC 20230.
Information submitted by any person
is exempt from disclosure under the
Freedom of Information Act (5 U.S.C.
552). However, nonconfidential versions
of the comments will be made available
to the applicant if necessary, for
determining whether or not to issue the
Certificate. Comments should refer to
this application as ‘‘Export Trade
Certificate of Review, application
number 94–7A007.’’
A summary of the application follows.
Summary of the Application
Applicant: Florida Citrus Exports,
L.C., 7355 SW 9th Street, Vero Beach,
Florida, 32968.
Contact: William M. Stainton, Esq.,
Attorney; Email: wms@macfar.com.
Application No.: 94–7A007.
Date Deemed Submitted: April 14,
2021.
FCE seeks to amend its Certificate as
follows:
1. Add the following entity as a new
Member of the Certificate within the
meaning of section 325.2(1) of the
Regulations (15 CFR 325.2(1)):
Æ Heller Brothers Packing Corp., Winter
Garden, Florida
2. Remove the following entities as
Members of the Certificate:
Æ Hogan and Sons, Inc., Vero Beach,
Florida
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Æ Leroy E. Smith’s Sons, Inc., Vero
Beach, Florida
Æ Seald Sweet LLC, Vero Beach, Florida
FCE’s proposed amendment would
result in the following list of Members
under the Certificate:
Egan Fruit Packing, LLC, Ft. Pierce,
Florida
Golden River Fruit Co., Vero Beach,
Florida
Heller Brothers Packing Corp., Winter
Garden, Florida
Indian River Exchange Packers, Inc.,
Vero Beach, Florida
The Packers of Indian River, Ltd., Ft.
Pierce, Florida
Premier Citrus Marketing, LLC, Vero
Beach, Florida
River One International Marketing, Inc.,
Vero Beach, Florida
Riverfront Packing Co. LLC, Vero Beach,
Florida
Dated: April 23, 2021.
Joseph Flynn,
Director, Office of Trade and Economic
Analysis, International Trade Administration,
U.S. Department of Commerce.
[FR Doc. 2021–08910 Filed 4–28–21; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–853]
Certain Crystalline Silicon Photovoltaic
Products From Taiwan: Preliminary
Results; Preliminary Intent To Rescind
and Partial Rescission of Antidumping
Duty Administrative Review; and
Preliminary Determination of No
Shipments; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that 20 companies, including the
mandatory respondents, the Inventec
Solar Energy Corporation (ISEC) and E–
TON Solar Tech. Co., Ltd. (E–TON)
single entity (ISEC/E–TON entity), and
United Renewable Energy Co., Ltd.
(URE), producers and exporters of
certain crystalline silicon photovoltaic
products (solar products) from Taiwan,
sold subject merchandise in the United
States at prices below normal value
during the period of review (POR)
February 1, 2019, through January 31,
2020. Commerce preliminarily intends
to rescind the antidumping
administrative review with respect to
one company, Inventec Energy
Corporation (IEC). In addition,
Commerce preliminarily determines
AGENCY:
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Federal Register / Vol. 86, No. 81 / Thursday, April 29, 2021 / Notices
that seven exporters had no shipments
during the POR. Lastly, Commerce has
rescinded the review initiated for five
companies. We invite all interested
parties to comment on these preliminary
results.
DATES: Applicable April 29, 2021.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin and Zachary Shaykin,
AD/CVD Operations, Office IV,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3936
and (202) 482–2316, respectively.
SUPPLEMENTARY INFORMATION:
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Background
Commerce is conducting an
administrative review of the
antidumping duty order on solar
products from Taiwan,1 in accordance
with section 751(a)(1)(B) of Tariff Act of
1930, as amended (the Act). On April 8,
2020, in accordance with 19 CFR
351.221(c)(1)(i), we initiated this
administrative review of the Order
covering thirty-four producers and/or
exporters of the subject merchandise.2
On June 3, 2020, Commerce selected
ISEC and URE as the mandatory
respondents.3
On April 24, 2020, Commerce tolled
all deadlines in administrative reviews
by 50 days.4 Subsequently, on July 21,
2020, Commerce tolled certain
deadlines in administrative reviews by
an additional 60 days.5 On February 8,
2021, we postponed the preliminary
results of this review by 64 days until
April 23, 2021.6 For a detailed
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.7
1 See Certain Crystalline Silicon Photovoltaic
Products From Taiwan: Antidumping Duty Order,
80 FR 8596 (February 18, 2015) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
19730 (April 8, 2020) (Initiation Notice).
3 See Memorandum, ‘‘2019–2020 Antidumping
Duty Administrative Review of Certain Crystalline
Silicon Photovoltaic Products from Taiwan:
Respondent Selection,’’ dated June 3, 2020.
4 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.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
6 See Memorandum, ‘‘Certain Crystalline Silicon
Photovoltaic Products from Taiwan: Extension of
Deadline for Preliminary Results of the 2019–2020
Antidumping Duty Administrative Review,’’ dated
February 8, 2021.
7 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments:
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Scope of the Order
The merchandise covered by the
Order is solar products. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.8
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. Export prices are calculated in
accordance with section 772 of the Act
and normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of topics
discussed in the Preliminary Decision
Memorandum is attached as an
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 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 accessed
directly at https://enforcement.trade.gov/
frn/.
Preliminary Intent To Rescind
Administrative Review in Part
Pursuant to 19 CFR 351.213(d)(3), it is
Commerce’s practice to rescind an
administrative review with respect to a
particular exporter or producer when
Commerce concludes that it had no
shipments (e.g., no reviewable entries of
subject merchandise) during the POR
subject to the antidumping duty order.
At the end of an administrative review,
the suspended entries are liquidated at
the assessment rate computed for the
review period.9 Therefore, for an
administrative review to be conducted,
there must be a reviewable, suspended
entry to be liquidated at the newly
calculated assessment rate.
On March 5, 2021, ISEC reported that
IEC ceased business operations, and was
dissolved and liquidated prior to the
POR.10 As such, Commerce has
preliminarily concluded that IEC had no
shipments during the POR. Thus,
Commerce preliminary intends to
Certain Crystalline Silicon Photovoltaic Products
from Taiwan; 2019–2020,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
8 Id.; see also Order.
9 See 19 CFR 351.212(b)(1).
10 See Memorandum, ‘‘Certain Crystalline Silicon
Photovoltaic Products from Taiwan—Inventec’s
Sections A Supplemental Questionnaire Response,’’
dated March 5, 2021.
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22631
rescind this administrative review with
respect to IEC pursuant to 19 CFR
351.213(d)(3). Consistent with
Commerce’s practice,11 Commerce
intends to complete the review and
issue appropriate instructions to U.S.
Customs and Border Protection (CBP)
based on the final results of this review.
Rescission of Administrative Review in
Part
Section 351.213(d)(1) of Commerce’s
regulations provides that Commerce
will rescind an administrative review,
in whole or in part, if the party that
requested the review withdraws its
request for review within 90 days of the
date of publication of the notice of
initiation of the requested review.
Commerce published the Initiation
Notice on April 8, 2020.12 On April 29,
2020, SunPower Manufacturing Oregon,
LLC (the petitioner) withdrew its
request for review of Sino-American
Silicon Products Inc. (SAS) and
Solartech Energy Corporation
(Solartech).13 On May 20, 2020, Mega
Sunergy Co., Ltd. (Mega) withdrew its
request for review for itself.14 Because
the review requests for SAS and Mega
were timely withdrawn, and because no
other party requested a review of SAS
and Mega, we are rescinding the reviews
with respect to SAS and Mega.
Additionally, Commerce previously
determined in a changed circumstances
review that URE is the successor-ininterest to Solartech, as well as Gintech
Energy Corporation (Gintech), and Neo
Solar Power Corporation (Neo Solar).15
Therefore, because Solartech, Gintech,
and Neo Solar are no longer in
existence, Commerce is partially
rescinding this administrative review
with respect to Solartech, Gintech, and
Neo Solar, in accordance with 19 CFR
351.213(d)(3). The review will continue
with respect to all other entities listed
in the Initiation Notice.
11 See, e.g., Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes from the Republic of
Turkey: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2017–2018, 84 FR
34863 (July 19, 2019) (Heavy Walled Pipe from
Turkey), and accompanying Preliminary Decision
Memorandum at 4.
12 See Initiation Notice.
13 See Petitioner’s Letter, ‘‘Certain Crystalline
Silicon Photovoltaic Products From Taiwan—
Partial Withdrawal of Request for Administrative
Review,’’ dated April 29, 2020.
14 See Mega’s Letter, ‘‘Certain Crystalline Silicon
Photovoltaic Products from Taiwan, Case No. A–
583–853 WITHDRAWAL OF REQUEST FOR
ADMINISTRATIVE REVIEW,’’ dated May 20, 2020.
15 See Certain Crystalline Silicon Photovoltaic
Products From Taiwan: Notice of Final Results of
Antidumping Duty Changed Circumstances Review,
84 FR 37836 (August 2, 2019).
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Federal Register / Vol. 86, No. 81 / Thursday, April 29, 2021 / Notices
Preliminary Determination of No
Shipments
Seven producers and/or exporters
under review properly filed a
certification reporting that they made no
shipments of subject merchandise
during the POR: (1) AU Optronics
Corporation; (2) Canadian Solar Inc.; (3)
Canadian Solar International, Ltd.; (4)
Canadian Solar Manufacturing
(Changshu), Inc.; (5) Canadian Solar
Manufacturing (Luoyang), Inc.; (6)
Canadian Solar Solution Inc.; and (7)
Vina Solar Technology Co., Ltd.16 CBP
did not have any information to
contradict these claims of no shipments
during the POR.17 Therefore, we
preliminarily determine that these
companies did not have shipments of
subject merchandise during the POR.
Consistent with Commerce’s practice,18
Commerce finds that it is not
appropriate to rescind the review with
respect to these seven companies, but
rather to complete the review and issue
appropriate instructions to CBP based
on the final results of this review.
on the basis of facts available.
Accordingly, we have preliminarily
assigned to the companies not
individually examined in this review a
margin of 11.32 percent, which is the
weighted-average of the dumping
margins calculated using the public
ranged sales data of ISEC and E-TON,
and URE.
Rate for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for 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 a less-than-fair-value
investigation, for guidance when
calculating the rate for companies
which were not selected for individual
examination in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
‘‘an amount equal to the weightedaverage of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
In this review, we have preliminarily
calculated weighted-average dumping
margins for the combined entity of ISEC
and E-TON,19 and URE, that are not
zero, de minimis, or determined entirely
Review-Specific Average Rate
Applicable to the Following Companies:
16 See
Preliminary Decision Memorandum at 3.
at 7.
18 See, e.g., Heavy Walled Pipe from Turkey
Preliminary Decision Memorandum at 4.
19 As discussed in the Preliminary Decision
Memorandum, Commerce has preliminarily
determined to collapse Inventec Solar Energy
Corporation and E-TON Solar Tech. Co., Ltd., and
treat these companies as a single entity, in
accordance with 19 CFR 351.401(f).
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17 Id.
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Preliminary Results of the Review
We preliminarily assign the following
weighted-average dumping margins to
the firms listed below for the period
February 1, 2019, through January 31,
2020:
Producers/exporters
Inventec Solar Energy Corporation and E-TON Solar Tech.
Co., Ltd ...................................
United Renewable Energy Co.,
Ltd ...........................................
Producers/exporters
Baoding Jiasheng Photovoltaic
Technology Co. Ltd .................
Baoding Tianwei Yingli New Energy Resources Co., Ltd .........
Beijing Tianneng Yingli New Energy Resources Co. Ltd ..........
Boviet Solar Technology Co., Ltd
EEPV CORP ...............................
Hainan Yingli New Energy Resources Co., Ltd ......................
Hengshui Yingli New Energy Resources Co., Ltd ......................
Kyocera Mexicana S.A. de C.V ..
Lixian Yingli New Energy Resources Co., Ltd ......................
Motech Industries, Inc ................
Shenzhen Yingli New Energy
Resources Co., Ltd .................
Sunengine Corporation Ltd ........
Sunrise Global Solar Energy ......
Tianjin Yingli New Energy Resources Co., Ltd ......................
TSEC Corporation ......................
Win Win Precision Technology
Co., Ltd ...................................
Yingli Energy (China) Co., Ltd ...
Yingli Green Energy International Trading Company
Limited .....................................
Weightedaverage
dumping
margin
(percent)
32.54
1.27
Weightedaverage
dumping
margin
(percent)
11.32
11.32
11.32
11.32
11.32
11.32
11.32
11.32
11.32
11.32
11.32
11.32
11.32
11.32
11.32
11.32
11.32
11.32
review.20 The final results of this review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by this review and
for future deposits of estimated duties,
where applicable.21 Commerce intends
to issue assessment instructions to CBP
no earlier than 35 days after the 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).
Pursuant to 19 CFR 351.212(b)(1),
where an examined respondent’s
weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.5
percent), we calculated an importerspecific ad valorem duty assessment
rate based on the ratio of the total
amount of dumping calculated for the
U.S. sales for a given importer to the
total entered value of those sales. Where
the mandatory respondent did not
report entered value, we calculated the
entered value in order to calculate the
assessment rate. Where either the
respondent’s weighted-average dumping
margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an
importer-specific assessment rate is zero
or de minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
For the companies that were not
selected for individual examination, we
will instruct CBP to assess antidumping
duties at an ad valorem rate equal to
each company’s weighted-average
dumping margin determined in the final
results of this review.
For entries of subject merchandise
during the POR produced by the ISEC/
E-TON entity or URE for which these
companies did not know that its
merchandise was destined for the
United States and for all entries
attributed to the companies that we find
had no shipments during the POR, we
will instruct CBP to liquidate such
unreviewed entries pursuant to the
reseller policy,22 i.e., the assessment rate
for such entries will be equal to the allothers rate established in the
investigation (i.e., 19.50 percent),23 if
there is no rate for the intermediate
20 See
19 CFR 351.212(b).
section 751(a)(2)(C) of the Act.
22 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
23 See Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Final Determination of Sales
at Less Than Fair Value, 79 FR 76966, 796969
(December 23, 2014) (Final Determination).
21 See
Assessment Rates
Upon issuance of the final results,
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
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Federal Register / Vol. 86, No. 81 / Thursday, April 29, 2021 / Notices
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for each specific
company listed above will be equal to
each company’s weighted-average
dumping margin established in the final
results of this review, (except if the ad
valorem rate is de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero); (2) for previously investigated
companies not participating in this
review, the cash deposit will continue
to be the company-specific rate
published for the most recently
completed segment of this proceeding in
which the company participated; (3) if
the exporter is not a firm covered in this
review, or the underlying investigation,
but the producer is, then the cash
deposit rate will be the rate established
for the completed segment for the most
recent POR for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 19.50 percent, the
all-others rate established in the
underlying investigation.24
These deposit requirements, when
imposed, shall remain in effect until
further notice.
including footnotes. Case and rebuttal
briefs should be filed using ACCESS
and must be served on interested
parties.28 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.29
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, filed electronically via
ACCESS. Hearing requests should
contain: (1) The party’s name, address,
and telephone number; (2) the number
of participants; and (3) a list of issues to
be discussed. Issues raised in 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 time and date to be
determined.30 Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
An electronically-filed request for a
hearing must be received successfully in
its entirety by ACCESS by 5 p.m.
Eastern Time within 30 days after the
date of publication of this notice.31
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in all written briefs, not
later than 120 days after the publication
of these preliminary results in the
Federal Register pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1), unless otherwise
extended.32
Disclosure and Public Comment
Notification to Importers
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice 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 this notice.25
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than seven days after the time limit for
filing case briefs.26 Parties who submit
case briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.27 Executive summaries
should be limited to five pages total,
This notice 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 prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
company(ies) involved in the
transaction.
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Cash Deposit Requirements
24 See
Final Determination.
25 See 19 CFR 351.309(c)(1)(ii); see also 19 CFR
351.303 (for general filing requirements).
26 See 19 CFR 351.309(d)(1).
27 See 19 CFR 351.309(c)(2) and (d)(2).
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18:32 Apr 28, 2021
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Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
28 See
19 CFR 351.303.
Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
30 See 19 CFR 351.310(c).
31 See 19 CFR 351.310(c); see also 19 CFR
351.303(b)(1).
32 See section 751(a)(3)(A) of the Act.
29 See
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22633
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(d)(4) and 351.221(b)(4).
Dated: April 23, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Preliminary Intent to Partially Rescind
Administrative Review
VI. Partial Rescission of Administrative
Review
VII. Preliminary Determination of No
Shipments
VIII. Companies Not Selected for Individual
Examination
IX. Discussion of the Methodology
X. Currency Conversion
XI. Recommendation
[FR Doc. 2021–08921 Filed 4–28–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–823]
Coated Paper Suitable for High-Quality
Print Graphics Using Sheet-Fed
Presses From Indonesia: Rescission of
Antidumping Duty Administrative
Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
United States Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
antidumping duty (AD) order on coated
paper suitable for high-quality print
graphics using sheet-fed presses (coated
paper) from Indonesia for the period of
review (POR) November 1, 2019,
through October 31, 2020, based on the
timely withdrawal of the request for
review.
DATES: Applicable April 29, 2021.
FOR FURTHER INFORMATION CONTACT:
Rebecca Janz, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2972.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 3, 2020, Commerce
published a notice of opportunity to
request an administrative review of the
AD duty order on coated paper from
E:\FR\FM\29APN1.SGM
29APN1
]]>Agencies
[Federal Register Volume 86, Number 81 (Thursday, April 29, 2021)]
[Notices]
[Pages 22630-22633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08921]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-853]
Certain Crystalline Silicon Photovoltaic Products From Taiwan:
Preliminary Results; Preliminary Intent To Rescind and Partial
Rescission of Antidumping Duty Administrative Review; and Preliminary
Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that 20 companies, including the mandatory respondents, the Inventec
Solar Energy Corporation (ISEC) and E-TON Solar Tech. Co., Ltd. (E-TON)
single entity (ISEC/E-TON entity), and United Renewable Energy Co.,
Ltd. (URE), producers and exporters of certain crystalline silicon
photovoltaic products (solar products) from Taiwan, sold subject
merchandise in the United States at prices below normal value during
the period of review (POR) February 1, 2019, through January 31, 2020.
Commerce preliminarily intends to rescind the antidumping
administrative review with respect to one company, Inventec Energy
Corporation (IEC). In addition, Commerce preliminarily determines
[[Page 22631]]
that seven exporters had no shipments during the POR. Lastly, Commerce
has rescinded the review initiated for five companies. We invite all
interested parties to comment on these preliminary results.
DATES: Applicable April 29, 2021.
FOR FURTHER INFORMATION CONTACT: Thomas Martin and Zachary Shaykin, AD/
CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3936 and (202)
482-2316, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on solar products from Taiwan,\1\ in accordance with section
751(a)(1)(B) of Tariff Act of 1930, as amended (the Act). On April 8,
2020, in accordance with 19 CFR 351.221(c)(1)(i), we initiated this
administrative review of the Order covering thirty-four producers and/
or exporters of the subject merchandise.\2\ On June 3, 2020, Commerce
selected ISEC and URE as the mandatory respondents.\3\
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\1\ See Certain Crystalline Silicon Photovoltaic Products From
Taiwan: Antidumping Duty Order, 80 FR 8596 (February 18, 2015)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 19730 (April 8, 2020) (Initiation
Notice).
\3\ See Memorandum, ``2019-2020 Antidumping Duty Administrative
Review of Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Respondent Selection,'' dated June 3, 2020.
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On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days.\4\ Subsequently, on July 21, 2020, Commerce tolled
certain deadlines in administrative reviews by an additional 60
days.\5\ On February 8, 2021, we postponed the preliminary results of
this review by 64 days until April 23, 2021.\6\ For a detailed
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\7\
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\4\ 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.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\6\ See Memorandum, ``Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Extension of Deadline for Preliminary Results
of the 2019-2020 Antidumping Duty Administrative Review,'' dated
February 8, 2021.
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results and Partial Rescission of Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments: Certain
Crystalline Silicon Photovoltaic Products from Taiwan; 2019-2020,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is solar products. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.\8\
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\8\ Id.; see also Order.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Export prices are calculated in accordance with
section 772 of the Act and normal value is calculated in accordance
with section 773 of the Act. For a full description of the methodology
underlying these preliminary results, see the Preliminary Decision
Memorandum. A list of topics discussed in the Preliminary Decision
Memorandum is attached as an 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 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 accessed directly at https://enforcement.trade.gov/frn/.
Preliminary Intent To Rescind Administrative Review in Part
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review with respect to a particular exporter
or producer when Commerce concludes that it had no shipments (e.g., no
reviewable entries of subject merchandise) during the POR subject to
the antidumping duty order. At the end of an administrative review, the
suspended entries are liquidated at the assessment rate computed for
the review period.\9\ Therefore, for an administrative review to be
conducted, there must be a reviewable, suspended entry to be liquidated
at the newly calculated assessment rate.
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\9\ See 19 CFR 351.212(b)(1).
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On March 5, 2021, ISEC reported that IEC ceased business
operations, and was dissolved and liquidated prior to the POR.\10\ As
such, Commerce has preliminarily concluded that IEC had no shipments
during the POR. Thus, Commerce preliminary intends to rescind this
administrative review with respect to IEC pursuant to 19 CFR
351.213(d)(3). Consistent with Commerce's practice,\11\ Commerce
intends to complete the review and issue appropriate instructions to
U.S. Customs and Border Protection (CBP) based on the final results of
this review.
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\10\ See Memorandum, ``Certain Crystalline Silicon Photovoltaic
Products from Taiwan--Inventec's Sections A Supplemental
Questionnaire Response,'' dated March 5, 2021.
\11\ See, e.g., Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from the Republic of Turkey: Preliminary Results of
Antidumping Duty Administrative Review and Preliminary Determination
of No Shipments; 2017-2018, 84 FR 34863 (July 19, 2019) (Heavy
Walled Pipe from Turkey), and accompanying Preliminary Decision
Memorandum at 4.
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Rescission of Administrative Review in Part
Section 351.213(d)(1) of Commerce's regulations provides that
Commerce will rescind an administrative review, in whole or in part, if
the party that requested the review withdraws its request for review
within 90 days of the date of publication of the notice of initiation
of the requested review. Commerce published the Initiation Notice on
April 8, 2020.\12\ On April 29, 2020, SunPower Manufacturing Oregon,
LLC (the petitioner) withdrew its request for review of Sino-American
Silicon Products Inc. (SAS) and Solartech Energy Corporation
(Solartech).\13\ On May 20, 2020, Mega Sunergy Co., Ltd. (Mega)
withdrew its request for review for itself.\14\ Because the review
requests for SAS and Mega were timely withdrawn, and because no other
party requested a review of SAS and Mega, we are rescinding the reviews
with respect to SAS and Mega.
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\12\ See Initiation Notice.
\13\ See Petitioner's Letter, ``Certain Crystalline Silicon
Photovoltaic Products From Taiwan--Partial Withdrawal of Request for
Administrative Review,'' dated April 29, 2020.
\14\ See Mega's Letter, ``Certain Crystalline Silicon
Photovoltaic Products from Taiwan, Case No. A-583-853 WITHDRAWAL OF
REQUEST FOR ADMINISTRATIVE REVIEW,'' dated May 20, 2020.
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Additionally, Commerce previously determined in a changed
circumstances review that URE is the successor-in-interest to
Solartech, as well as Gintech Energy Corporation (Gintech), and Neo
Solar Power Corporation (Neo Solar).\15\ Therefore, because Solartech,
Gintech, and Neo Solar are no longer in existence, Commerce is
partially rescinding this administrative review with respect to
Solartech, Gintech, and Neo Solar, in accordance with 19 CFR
351.213(d)(3). The review will continue with respect to all other
entities listed in the Initiation Notice.
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\15\ See Certain Crystalline Silicon Photovoltaic Products From
Taiwan: Notice of Final Results of Antidumping Duty Changed
Circumstances Review, 84 FR 37836 (August 2, 2019).
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[[Page 22632]]
Preliminary Determination of No Shipments
Seven producers and/or exporters under review properly filed a
certification reporting that they made no shipments of subject
merchandise during the POR: (1) AU Optronics Corporation; (2) Canadian
Solar Inc.; (3) Canadian Solar International, Ltd.; (4) Canadian Solar
Manufacturing (Changshu), Inc.; (5) Canadian Solar Manufacturing
(Luoyang), Inc.; (6) Canadian Solar Solution Inc.; and (7) Vina Solar
Technology Co., Ltd.\16\ CBP did not have any information to contradict
these claims of no shipments during the POR.\17\ Therefore, we
preliminarily determine that these companies did not have shipments of
subject merchandise during the POR. Consistent with Commerce's
practice,\18\ Commerce finds that it is not appropriate to rescind the
review with respect to these seven companies, but rather to complete
the review and issue appropriate instructions to CBP based on the final
results of this review.
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\16\ See Preliminary Decision Memorandum at 3.
\17\ Id. at 7.
\18\ See, e.g., Heavy Walled Pipe from Turkey Preliminary
Decision Memorandum at 4.
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Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
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 a less-
than-fair-value investigation, for guidance when calculating the rate
for companies which were not selected for individual examination in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted-average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In this review, we have preliminarily calculated weighted-average
dumping margins for the combined entity of ISEC and E-TON,\19\ and URE,
that are not zero, de minimis, or determined entirely on the basis of
facts available. Accordingly, we have preliminarily assigned to the
companies not individually examined in this review a margin of 11.32
percent, which is the weighted-average of the dumping margins
calculated using the public ranged sales data of ISEC and E-TON, and
URE.
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\19\ As discussed in the Preliminary Decision Memorandum,
Commerce has preliminarily determined to collapse Inventec Solar
Energy Corporation and E-TON Solar Tech. Co., Ltd., and treat these
companies as a single entity, in accordance with 19 CFR 351.401(f).
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Preliminary Results of the Review
We preliminarily assign the following weighted-average dumping
margins to the firms listed below for the period February 1, 2019,
through January 31, 2020:
------------------------------------------------------------------------
Weighted-
average
Producers/exporters dumping
margin
(percent)
------------------------------------------------------------------------
Inventec Solar Energy Corporation and E-TON Solar Tech. Co., 32.54
Ltd........................................................
United Renewable Energy Co., Ltd............................ 1.27
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies:
------------------------------------------------------------------------
Weighted-
average
Producers/exporters dumping
margin
(percent)
------------------------------------------------------------------------
Baoding Jiasheng Photovoltaic Technology Co. Ltd............ 11.32
Baoding Tianwei Yingli New Energy Resources Co., Ltd........ 11.32
Beijing Tianneng Yingli New Energy Resources Co. Ltd........ 11.32
Boviet Solar Technology Co., Ltd............................ 11.32
EEPV CORP................................................... 11.32
Hainan Yingli New Energy Resources Co., Ltd................. 11.32
Hengshui Yingli New Energy Resources Co., Ltd............... 11.32
Kyocera Mexicana S.A. de C.V................................ 11.32
Lixian Yingli New Energy Resources Co., Ltd................. 11.32
Motech Industries, Inc...................................... 11.32
Shenzhen Yingli New Energy Resources Co., Ltd............... 11.32
Sunengine Corporation Ltd................................... 11.32
Sunrise Global Solar Energy................................. 11.32
Tianjin Yingli New Energy Resources Co., Ltd................ 11.32
TSEC Corporation............................................ 11.32
Win Win Precision Technology Co., Ltd....................... 11.32
Yingli Energy (China) Co., Ltd.............................. 11.32
Yingli Green Energy International Trading Company Limited... 11.32
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Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\20\ The final results of this review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by this review and for future deposits of estimated duties,
where applicable.\21\ Commerce intends to issue assessment instructions
to CBP no earlier than 35 days after the 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).
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\20\ See 19 CFR 351.212(b).
\21\ See section 751(a)(2)(C) of the Act.
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Pursuant to 19 CFR 351.212(b)(1), where an examined respondent's
weighted-average dumping margin is not zero or de minimis (i.e., less
than 0.5 percent), we calculated an importer-specific ad valorem duty
assessment rate based on the ratio of the total amount of dumping
calculated for the U.S. sales for a given importer to the total entered
value of those sales. Where the mandatory respondent did not report
entered value, we calculated the entered value in order to calculate
the assessment rate. Where either the respondent's weighted-average
dumping margin is zero or de minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific assessment rate is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
For the companies that were not selected for individual
examination, we will instruct CBP to assess antidumping duties at an ad
valorem rate equal to each company's weighted-average dumping margin
determined in the final results of this review.
For entries of subject merchandise during the POR produced by the
ISEC/E-TON entity or URE for which these companies did not know that
its merchandise was destined for the United States and for all entries
attributed to the companies that we find had no shipments during the
POR, we will instruct CBP to liquidate such unreviewed entries pursuant
to the reseller policy,\22\ i.e., the assessment rate for such entries
will be equal to the all-others rate established in the investigation
(i.e., 19.50 percent),\23\ if there is no rate for the intermediate
[[Page 22633]]
company(ies) involved in the transaction.
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\22\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\23\ See Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Final Determination of Sales at Less Than Fair Value, 79 FR
76966, 796969 (December 23, 2014) (Final Determination).
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Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific
company listed above will be equal to each company's weighted-average
dumping margin established in the final results of this review, (except
if the ad valorem rate is de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero); (2)
for previously investigated companies not participating in this review,
the cash deposit will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which the company participated; (3) if the exporter is not a firm
covered in this review, or the underlying investigation, but the
producer is, then the cash deposit rate will be the rate established
for the completed segment for the most recent POR for the producer of
the merchandise; and (4) the cash deposit rate for all other producers
or exporters will continue to be 19.50 percent, the all-others rate
established in the underlying investigation.\24\
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\24\ See Final Determination.
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These deposit requirements, when imposed, shall remain in effect
until further notice.
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice 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 this notice.\25\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than seven days after the time limit for filing case briefs.\26\
Parties who submit case briefs or rebuttal briefs in this proceeding
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.\27\ Executive summaries should be limited to five pages
total, including footnotes. Case and rebuttal briefs should be filed
using ACCESS and must be served on interested parties.\28\ Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\29\
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\25\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\26\ See 19 CFR 351.309(d)(1).
\27\ See 19 CFR 351.309(c)(2) and (d)(2).
\28\ See 19 CFR 351.303.
\29\ 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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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, filed electronically via
ACCESS. Hearing requests should contain: (1) The party's name, address,
and telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in 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 time and date to be
determined.\30\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\30\ See 19 CFR 351.310(c).
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An electronically-filed request for a hearing must be received
successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30
days after the date of publication of this notice.\31\ Commerce intends
to issue the final results of this administrative review, including the
results of its analysis of issues raised in all written briefs, not
later than 120 days after the publication of these preliminary results
in the Federal Register pursuant to section 751(a)(3)(A) of the Act and
19 CFR 351.213(h)(1), unless otherwise extended.\32\
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\31\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
\32\ See section 751(a)(3)(A) of the Act.
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Notification to Importers
This notice 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 prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification 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(d)(4)
and 351.221(b)(4).
Dated: April 23, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Preliminary Intent to Partially Rescind Administrative Review
VI. Partial Rescission of Administrative Review
VII. Preliminary Determination of No Shipments
VIII. Companies Not Selected for Individual Examination
IX. Discussion of the Methodology
X. Currency Conversion
XI. Recommendation
[FR Doc. 2021-08921 Filed 4-28-21; 8:45 am]
BILLING CODE P
