Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2018, 48393-48396 [2021-18598]
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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices
TAK for the period August 1, 2019,
through July 31, 2020:
Weightedaverage
dumping
margin
(percent)
Exporter/producer
khammond on DSKJM1Z7X2PROD with NOTICES
Toray Advanced Materials
Korea, Inc ................................
3.00
Assessment Rates
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries in accordance with
section 751(a)(2)(C) of the Act and 19
CFR 351.212(b).
Pursuant to 19 CFR 351.212(b)(1),
where the respondent reported the
entered value of their U.S. sales, we
calculated importer-specific ad valorem
duty assessment rates based on the ratio
of the total amount of dumping
calculated for the examined sales to the
total entered value of the sales for which
entered value was reported. Where the
respondent did not report entered value,
we calculated the entered value in order
to calculate the assessment rate. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.4
Commerce’s ‘‘automatic assessment’’
will apply to entries of subject
merchandise during the POR produced
by TAK for which it did not know that
the merchandise it sold to an
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.5 The all-others rate is 16.27
percent.6
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
4 See
section 751(a)(2)(C) of the Act.
5 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
6 See Low Melt Polyester Staple Fiber from the
Republic of Korea and Taiwan: Antidumping Duty
Orders, 83 FR 40752, 40753 (August 16, 2018).
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18:40 Aug 27, 2021
Jkt 253001
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).
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of 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 TAK will be
the rate shown above; (2) for previously
reviewed or investigated companies not
participating in this review, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently-completed segment; (3) if
the exporter is not a firm covered in this
review, a previous review, or the
original less-than-fair value (LTFV)
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recent segment
for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 16.27
percent, the all-others rate made
effective by the LTFV investigation.7
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a final 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.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: August 24, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–18595 Filed 8–27–21; 8:45 am]
BILLING CODE 3510–DS–P
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: Final Results and Partial
Rescission of Countervailing Duty
Administrative Review; 2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers/exporters of
crystalline silicon photovoltaic cells,
whether or not assembled into modules
(solar cells), from the People’s Republic
of China (China) during the period of
review (POR) January 1, 2018, through
December 31, 2018. Commerce is also
rescinding this review with respect to
forty companies that had no reviewable
entries during the POR.
DATES: Applicable August 30, 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, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 23, 2021, Commerce
published the Preliminary Results of
this administrative review and invited
comments from interested parties.1 On
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
7 Id.
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48394
Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices
May 24, 2021, we received timely case
briefs and letters in lieu of case briefs
from the following interested parties: (1)
Jinko Solar Co., Ltd., Jinko Solar Import
and Export Co., Ltd., Jinko Solar
International Limited, Zhejiang Jinko
Solar Co., Ltd., and Longi Solar
Technology Co. Ltd. (f/k/a LERRI Solar
Technology Co., Ltd.); 2 (2) the
Government of China (GOC); 3 (4) Wuxi
Tianran Photovoltaic Co., Ltd.
(Tianran); 4 (5) Shanghai BYD Co., Ltd.
and BYD (Shangluo) Industrial Co., Ltd.
(collectively, BYD); 5 and (6) Shanghai
JA Solar Technology Co., Ltd., JA Solar
Technology Yangzhou Co., Ltd., and
JingAo Solar Co., Ltd. (collectively, JA
Solar).6 On June 1, 2021, we received a
timely rebuttal brief from a domestic
interested party, the American Alliance
for Solar Manufacturing.7
Scope of the Order
The products covered by the order are
solar cells from China. A full
description of the scope of the order is
contained in the Issues and Decision
Memorandum.8
khammond on DSKJM1Z7X2PROD with NOTICES
Analysis of Comments Received
All issues raised in the interested
parties’ briefs are addressed in the
People’s Republic of China: Preliminary Results of
Countervailing Duty Administrative Review and
Rescission of Review, in Part; 2018, 86 FR 21691
(April 23, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
2 See GDLSK’s Letter, ‘‘GDLSK Respondents
Letter Brief: 2018 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 (C–
570–980),’’ dated May 24, 2021.
3 See GOC’s Letter, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into
Modules from the People’s Republic of China—Case
Brief,’’ dated May 24, 2021.
4 See Tianran’s Letter, ‘‘Countervailing Duty
Administrative Review of Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into
Modules, from the People’s Republic of China: Case
Brief Wuxi Tianran Photovoltaic Co., Ltd.,’’ dated
May 24, 2021.
5 See BYD’s Letter, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether Or Not Assembled Into
Modules, from the People’s Republic of China (2018
Review): See also BYD Letter in Lieu of Case Brief,’’
dated May 24, 2021.
6 See JA Solar’s Letter, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into
Modules from the People’s Republic of China:
Letter in Lieu of Case Brief,’’ dated May 24, 2021.
7 See Alliance’s Letter, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into
Modules from the People’s Republic of China:
Rebuttal Brief,’’ dated June 1, 2021.
8 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results and Partial
Recission 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 (Issues and Decision
Memorandum).
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18:40 Aug 27, 2021
Jkt 253001
Issues and Decision Memorandum. A
list of the issues raised by interested
parties and to which Commerce
responded in the Issues and Decision
Memorandum is provided in Appendix
I to this notice. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/.
Changes Since the Preliminary Results
Based on comments in the case and
rebuttal briefs and record evidence,
Commerce made certain changes from
the Preliminary Results with regard to
the calculation of Tianran’s program
rates for the Provision of Electricity for
Less than Adequate Remuneration
(LTAR) program and the Provision of
Solar Glass for LTAR program. As a
result of these changes to Tianran’s
program rates, the final AFA rate also
changed. These changes are explained
in the Issues and Decision
Memorandum.
upon completion of an administrative
review, the suspended entries are
liquidated at the countervailing duty
assessment rate calculated for the
review period.11 Therefore, for an
administrative review of a company to
be conducted, there must be a
reviewable, suspended entry that
Commerce can instruct U.S. Customs
and Border Protection (CBP) to liquidate
at the calculated countervailing duty
assessment rate calculated for the
review period.12
We continue to find that fifteen
companies had no shipments of the
subject merchandise, and that twentyfive companies subject to this review
did not have reviewable entries of
subject merchandise for which
liquidation is suspended. Because there
is no evidence on the record to indicate
that these companies had entries,
exports, or sales of subject merchandise
during the POR, we are rescinding this
review with respect to these companies
consistent with 19 CFR 351.213(d)(3).
See Appendix III for a complete list of
these companies.
Partial Rescission of Administrative
Review
It is Commerce’s practice to rescind
an administrative review of a
countervailing duty order, pursuant to
19 CFR 351.213(d)(3), when there are no
reviewable entries of subject
merchandise during the POR for which
liquidation is suspended.10 Normally,
Companies Not Selected for Individual
Review
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for examination
when Commerce limits its examination
in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 705(c)(5) of
the Act, which provides instructions for
determining the all-others rate in an
investigation, for guidance when
calculating the rate for companies
which were not selected for individual
examination in an administrative
review. Under section 705(c)(5)(A) of
the Act, the all-others rate is normally
‘‘an amount equal to the weighted
average of the countervailable subsidy
rates established for exporters and
producers individually investigated,
excluding any zero or de minimis
countervailable subsidy rates, and any
rates determined entirely {on the basis
of facts available}.’’
In these final results, 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
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.
10 See, e.g., Lightweight Thermal Paper from the
People’s Republic of China: Notice of Rescission of
Countervailing Duty Administrative Review; 2015,
82 FR 14349 (March 20, 2017); and Circular Welded
Carbon Quality Steel Pipe from the People’s
Republic of China: Rescission of Countervailing
Duty Administrative Review; 2017, 84 FR 14650
(April 11, 2019).
11 See 19 CFR 351.212(b)(2).
12 See 19 CFR 351.213(d)(3).
Methodology
Commerce conducted this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each subsidy program found to be
countervailable, Commerce finds that
there is a subsidy, i.e., a financial
contribution from a government or
public entity that gives rise to a benefit
to the recipient, and that the subsidy is
specific.9 For a full description of the
methodology underlying all of
Commerce’s conclusions, including any
determination that relied upon the use
of adverse facts available pursuant to
section 776(a) and (b) of the Act, see the
Issues and Decision Memorandum.
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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices
producers and exporters subject to this
review but not selected for individual
examination (i.e., non-selected
companies). See Appendix II for a
complete list of these companies.
Final Results of Administrative Review
In accordance with 19 CFR
351.221(b)(5), Commerce calculated a
countervailable subsidy rate for the
mandatory company respondent
Tianran. Further, pursuant to 19 CFR
351.525(c), we cumulated the benefits
from subsidies received by Tianran and
DaSol Solar Energy Science &
Technology Co., Ltd. (DaSol), an
unaffiliated producer of subject
merchandise exported by Tianran to the
United States.13 We continue to (1)
determine the countervailable subsidy
rate for Solarchina based entirely on
adverse facts available according to
section 776 of the Act; (2) assign an
individual estimated subsidy rate based
on adverse facts available to Taichang,
Tianran’s other unaffiliated supplier of
subject merchandise, according to
section 776 of the Act; (3) assign the rate
calculated for Tianran to the nonselected companies.
Commerce determines the net
countervailable subsidy rates for the
period January 1, 2018, through
December 31, 2018, are as follows:
Company
Subsidy
rate
(percent
ad
valorem)
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
shall determine, and CBP shall assess,
countervailing duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review.
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).
Cash Deposit Instructions
In accordance with section 751(a)(1)
of the Act, Commerce intends to instruct
CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown for each of the
respective companies listed above. For
all non-reviewed firms, CBP will
continue to collect cash deposits of
estimated countervailing duties at the
all-others rate or the most recent
company-specific rate applicable to the
company, as appropriate. These cash
deposits, when imposed, shall remain in
effect until further notice.
Administrative Protective Order
khammond on DSKJM1Z7X2PROD with NOTICES
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
Jiawei Solarchina Co., Ltd ..........
525.58 responsibility concerning the
Wuxi Tianran Photovoltaic Co.,
destruction of proprietary information
14 19.28
Ltd ...........................................
disclosed under APO in accordance
Wuxi Taichang Electronics Co.,
with 19 CFR 351.305(a)(3). Timely
15
Ltd
.......................................
525.58
written notification of the return or
Non-Selected Companies 16 .......
19.28
destruction of APO materials or
conversion to judicial protective order is
Disclosure
hereby requested. Failure to comply
Commerce will disclose to the parties with the regulations and terms of an
APO is a sanctionable violation.
in this proceeding the calculations
performed for these final results within
Notification to Interested Parties
five days of the date of publication of
Commerce is issuing and publishing
this notice in the Federal Register.17
these results in accordance with
sections 751(a)(1) and 777(i)(1) of the
13 For a more detailed discussion, see Preliminary
Act.
Results PDM.
14 This rate applies to subject merchandise
exported by Tianran and produced by companies
other than Taichang.
15 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).
16 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 assigned the non-selected company
rate.
17 See 19 CFR 351.224(b).
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18:40 Aug 27, 2021
Jkt 253001
Dated: August 23, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. List of Comments from Interested Parties
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48395
IV. Scope of the Order
V. Rescission of the Administrative Review,
in Part
VI. Rate for Non-Selected Companies Under
Review
VII. Use of Facts Available and Application
of Adverse Inferences
VIII. Changes Since the Preliminary Results
IX. Subsidies Valuation Information
X. Analysis of Programs
XI. Analysis of Comments
Comment 1: Whether Commerce Should
Apply AFA to the Export Buyer’s Credit
Program
Comment 2: Whether Input Producers of
Solar Glass and Aluminum Extrusions
are Authorities
Comment 3: Whether the Provision of
Electricity for LTAR Program is
Countervailable
Comment 4: Whether ‘‘Other Subsidies’’
are Countervailable
Comment 5: Whether Certain Benchmarks
for Electricity Should Be Corrected
Comment 6: Whether the Per-Kilogram
Quantities Should be Used for DaSol’s
Solar Glass for LTAR Calculations
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.
16. Yingli Energy (China) Co., Ltd.
Appendix III
Rescind the Review, In Part
No-Shipments:
1. Chint Solar (Zhejiang) Co., Ltd.
2. Changzhou Trina Solar Yabang Energy Co.,
Ltd.
3. Hubei Trina Solar Energy Co., Ltd.
4. Trina Solar Energy Co., Ltd., (formerly,
Changzhou Trina Solar Energy Co., Ltd.)
5. Trina Solar (Changzhou) Science and
Technology Co., Ltd.
6. Turpan Trina Solar Energy Co., Ltd.
7. Yancheng Trina Solar Energy Technology
Co., Ltd.
8. Baoding Jiasheng Photovoltaic Technology
Co., Ltd.
9. Baoding Tianwei Yingli New Energy
Resources Co., Ltd.
10. Hainan Yingli New Energy Resources Co.,
Ltd.
11. Hengshui Yingli New Energy Resources
Co., Ltd.
12. Lixian Yingli New Energy Resources Co.,
Ltd.
13. Shenzhen Yingli New Energy Resources
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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices
Co., Ltd.
14. Tianjin Yingli New Energy Resources Co.,
Ltd.
15. Yingli Green Energy International
Trading Company Limited
No-Reviewable Entries:
16. BYD (Shangluo) Industrial Co., Ltd.
17. Canadian Solar Manufacturing
(Changshu) Inc.
18. Canadian Solar Manufacturing (Luoyang)
Inc.
19. De-Tech Trading Limited HK
20. Dongguan Sunworth Solar Energy Co.,
Ltd.
21. Eoplly New Energy Technology Co., Ltd.
22. ERA Solar Co., Ltd.
23. ET Solar Energy Limited
24. Hangzhou Sunny Energy Science and
Technology Co., Ltd.
25. Hengdian Group DMEGC Magnetics Co.,
Ltd.
26. Jiangsu High Hope Int’l Group
27. Jinko Solar International Limited
28. LERRI Solar Technology Co., Ltd.
29. Light Way Green New Energy Co., Ltd.
30. Luoyang Suntech Power Co., Ltd.
31. Ningbo ETDZ Holdings, Ltd.
32. Sumec Hardware & Tools Co., Ltd.
33. Sunpreme Solar Technology (Jiaxing) Co.,
Ltd.
34. Systemes Versilis, Inc.
35. tenKsolar (Shanghai) Co., Ltd.
36. Tianneng Yingli New Energy Resources
Co., Ltd.
37. Toenergy Technology Hangzhou Co., Ltd.
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. 2021–18598 Filed 8–27–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–122–858]
Certain Softwood Lumber Products
From Canada: Notice of Court Decision
Not in Harmony With the Final Results
of Countervailing Duty Expedited
Review; Notice of Rescission of Final
Results of Expedited Review; Notice of
Amended Cash Deposit Rates
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
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AGENCY:
VerDate Sep<11>2014
18:40 Aug 27, 2021
Jkt 253001
On August 18, 2021, the U.S.
Court of International Trade (CIT)
issued its final judgment in Committee
Overseeing Action for Lumber
International Trade Investigations or
Negotiations, et al. v. United States, et
al., Consol. Court No. 19–00122,
sustaining the Department of
Commerce’s (Commerce) remand results
pertaining to the expedited review of
the countervailing duty (CVD) order on
certain softwood lumber products
(softwood lumber) from Canada
covering the period January 1, 2015,
through December 31, 2015. Commerce
is notifying the public that the CIT’s
final judgment is not in harmony with
Commerce’s final results of the
expedited review, and that Commerce is
rescinding the final results; reinstating
the CVD order for Les Produits
Forestiers D&G Lte´e (D&G), Marcel
Lauzon Inc. (MLI), North American
Forest Products Ltd. (NAFB) (located in
New Brunswick), Roland Boulanger &
Cie Lte´e (Roland), and Scierie
Alexandre Lemay & Fils Inc. (Lemay)
(including their cross-owned affiliates);
and reassigning the cash deposit rate for
the companies covered by the Final
Results of Expedited Review.
DATES: Applicable August 28, 2021.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4793.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On January 3, 2018, Commerce
published the CVD order on softwood
lumber from Canada.1 On July 5, 2019,
Commerce published its Final Results of
Expedited Review for the CVD Order.2
1 See Certain Softwood Lumber Products from
Canada: Amended Final Affirmative Countervailing
Duty Determination and Countervailing Duty Order,
83 FR 347 (January 3, 2018) (CVD Order).
2 See Certain Softwood Lumber Products from
Canada: Final Results of Countervailing Duty
Expedited Review, 84 FR 32121 (July 5, 2019) (Final
Results of Expedited Review), and accompanying
Issues and Decision Memorandum (IDM).
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In the Final Results of Expedited
Review, Commerce stated that it
promulgated 19 CFR 351.214(k), its
regulations for conducting CVD
expedited reviews, pursuant to section
103(a) of the Uruguay Round of
Agreements Act (URAA), which made
several amendments to the antidumping
and CVD provisions of the Tariff Act of
1930, as amended (the Act).3
Specifically, Commerce explained that
Article 19.3 of the World Trade
Organization Agreement on Subsidies
and Countervailing Measures (SCM
Agreement) expressly provides for
expedited reviews of non-investigated
exporters or producers in CVD
proceedings and that the Statement of
Administrative Action (SAA) states that
‘‘Article 19.3 of the Subsidies
Agreement provides that any exporter
whose exports are subject to a CVD
order, but which was not actually
investigated for reasons other than a
refusal to cooperate, shall be entitled to
an expedited review to establish an
individual CVD rate for that exporter.’’ 4
Although the URAA did not implement
a specific provision for the conduct of
CVD expedited reviews in the Act,
Commerce concluded that it had the
authority to promulgate the CVD
expedited review regulations at 19 CFR
351.214(k) pursuant to section 103(a) of
the URAA, which provides that
‘‘appropriate officers of the United
States Government may issue such
regulations, as may be necessary to
ensure that any provision of this Act, or
amendment made by this Act, . . . is
appropriately implemented . . . .’’ 5
3 See Final Results of Expedited Review IDM at 19
(citing URAA, Pub. L. 103–465, 108 Stat. 4809
(1994)).
4 Id. at 18 (citing SAA H.R. Doc. 103–316, Vol. I
at 870 (1994), reprinted at 1994 U.S.C.C.A.N. 4040,
4199, at 941. Section 102(d) of the URAA states that
the SAA ‘‘shall be regarded as an authoritative
expression by the United States concerning the
interpretation and application of the Uruguay
Round Agreements and this Act in any judicial
proceeding in which a question arises concerning
such interpretation or application’’).
5 See Final Results of Expedited Review IDM at 19
(citing section 103(a) of the URAA).
E:\FR\FM\30AUN1.SGM
30AUN1
Agencies
[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Notices]
[Pages 48393-48396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18598]
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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: Final Results and
Partial Rescission of Countervailing Duty Administrative Review; 2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers/exporters of
crystalline silicon photovoltaic cells, whether or not assembled into
modules (solar cells), from the People's Republic of China (China)
during the period of review (POR) January 1, 2018, through December 31,
2018. Commerce is also rescinding this review with respect to forty
companies that had no reviewable entries during the POR.
DATES: Applicable August 30, 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,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 23, 2021, Commerce published the Preliminary Results of
this administrative review and invited comments from interested
parties.\1\ On
[[Page 48394]]
May 24, 2021, we received timely case briefs and letters in lieu of
case briefs from the following interested parties: (1) Jinko Solar Co.,
Ltd., Jinko Solar Import and Export Co., Ltd., Jinko Solar
International Limited, Zhejiang Jinko Solar Co., Ltd., and Longi Solar
Technology Co. Ltd. (f/k/a LERRI Solar Technology Co., Ltd.); \2\ (2)
the Government of China (GOC); \3\ (4) Wuxi Tianran Photovoltaic Co.,
Ltd. (Tianran); \4\ (5) Shanghai BYD Co., Ltd. and BYD (Shangluo)
Industrial Co., Ltd. (collectively, BYD); \5\ and (6) Shanghai JA Solar
Technology Co., Ltd., JA Solar Technology Yangzhou Co., Ltd., and
JingAo Solar Co., Ltd. (collectively, JA Solar).\6\ On June 1, 2021, we
received a timely rebuttal brief from a domestic interested party, the
American Alliance for Solar Manufacturing.\7\
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\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China:
Preliminary Results of Countervailing Duty Administrative Review and
Rescission of Review, in Part; 2018, 86 FR 21691 (April 23, 2021)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See GDLSK's Letter, ``GDLSK Respondents Letter Brief: 2018
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 (C-570-980),''
dated May 24, 2021.
\3\ See GOC's Letter, ``Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules from the People's Republic of
China--Case Brief,'' dated May 24, 2021.
\4\ See Tianran's Letter, ``Countervailing Duty Administrative
Review of Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People's Republic of China: Case
Brief Wuxi Tianran Photovoltaic Co., Ltd.,'' dated May 24, 2021.
\5\ See BYD's Letter, ``Crystalline Silicon Photovoltaic Cells,
Whether Or Not Assembled Into Modules, from the People's Republic of
China (2018 Review): See also BYD Letter in Lieu of Case Brief,''
dated May 24, 2021.
\6\ See JA Solar's Letter, ``Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled into Modules from the People's
Republic of China: Letter in Lieu of Case Brief,'' dated May 24,
2021.
\7\ See Alliance's Letter, ``Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled into Modules from the People's
Republic of China: Rebuttal Brief,'' dated June 1, 2021.
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Scope of the Order
The products covered by the order are solar cells from China. A
full description of the scope of the order is contained in the Issues
and Decision Memorandum.\8\
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\8\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results and Partial Recission 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 (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the interested parties' briefs are addressed
in the Issues and Decision Memorandum. A list of the issues raised by
interested parties and to which Commerce responded in the Issues and
Decision Memorandum is provided in Appendix I to this notice. The
Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/.
Changes Since the Preliminary Results
Based on comments in the case and rebuttal briefs and record
evidence, Commerce made certain changes from the Preliminary Results
with regard to the calculation of Tianran's program rates for the
Provision of Electricity for Less than Adequate Remuneration (LTAR)
program and the Provision of Solar Glass for LTAR program. As a result
of these changes to Tianran's program rates, the final AFA rate also
changed. These changes are explained in the Issues and Decision
Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each subsidy program found to be countervailable, Commerce finds
that there is a subsidy, i.e., a financial contribution from a
government or public entity that gives rise to a benefit to the
recipient, and that the subsidy is specific.\9\ For a full description
of the methodology underlying all of Commerce's conclusions, including
any determination that relied upon the use of adverse facts available
pursuant to section 776(a) and (b) of the Act, see the Issues and
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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Partial Rescission of Administrative Review
It is Commerce's practice to rescind an administrative review of a
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there
are no reviewable entries of subject merchandise during the POR for
which liquidation is suspended.\10\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\11\ Therefore, for an administrative review of a company to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct U.S. Customs and Border Protection (CBP) to liquidate at
the calculated countervailing duty assessment rate calculated for the
review period.\12\
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\10\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); and
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019).
\11\ See 19 CFR 351.212(b)(2).
\12\ See 19 CFR 351.213(d)(3).
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We continue to find that fifteen companies had no shipments of the
subject merchandise, and that twenty-five companies subject to this
review did not have reviewable entries of subject merchandise for which
liquidation is suspended. Because there is no evidence on the record to
indicate that these companies had entries, exports, or sales of subject
merchandise during the POR, we are rescinding this review with respect
to these companies consistent with 19 CFR 351.213(d)(3). See Appendix
III for a complete list of these companies.
Companies Not Selected for Individual Review
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks to section 705(c)(5) of the Act, which provides instructions for
determining the all-others rate in an investigation, for guidance when
calculating the rate for companies which were not selected for
individual examination in an administrative review. Under section
705(c)(5)(A) of the Act, the all-others rate is normally ``an amount
equal to the weighted average of the countervailable subsidy rates
established for exporters and producers individually investigated,
excluding any zero or de minimis countervailable subsidy rates, and any
rates determined entirely {on the basis of facts available{time} .''
In these final results, 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
[[Page 48395]]
producers and exporters subject to this review but not selected for
individual examination (i.e., non-selected companies). See Appendix II
for a complete list of these companies.
Final Results of Administrative Review
In accordance with 19 CFR 351.221(b)(5), Commerce calculated a
countervailable subsidy rate for the mandatory company respondent
Tianran. Further, pursuant to 19 CFR 351.525(c), we cumulated the
benefits from subsidies received by Tianran and DaSol Solar Energy
Science & Technology Co., Ltd. (DaSol), an unaffiliated producer of
subject merchandise exported by Tianran to the United States.\13\ We
continue to (1) determine the countervailable subsidy rate for
Solarchina based entirely on adverse facts available according to
section 776 of the Act; (2) assign an individual estimated subsidy rate
based on adverse facts available to Taichang, Tianran's other
unaffiliated supplier of subject merchandise, according to section 776
of the Act; (3) assign the rate calculated for Tianran to the non-
selected companies.
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\13\ For a more detailed discussion, see Preliminary Results
PDM.
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Commerce determines the net countervailable subsidy rates for the
period January 1, 2018, through December 31, 2018, are as follows:
------------------------------------------------------------------------
Subsidy
rate
Company (percent
ad
valorem)
------------------------------------------------------------------------
Jiawei Solarchina Co., Ltd.................................. 525.58
Wuxi Tianran Photovoltaic Co., Ltd.......................... \14\ 19.28
Wuxi Taichang Electronics Co., Ltd \15\..................... 525.58
Non-Selected Companies \16\................................. 19.28
------------------------------------------------------------------------
Disclosure
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\14\ This rate applies to subject merchandise exported by
Tianran and produced by companies other than Taichang.
\15\ 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).
\16\ 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 assigned the non-selected
company rate.
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Commerce will disclose to the parties in this proceeding the
calculations performed for these final results within five days of the
date of publication of this notice in the Federal Register.\17\
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\17\ See 19 CFR 351.224(b).
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine, and CBP shall assess, countervailing duties
on all appropriate entries of subject merchandise in accordance with
the final results of this review.
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).
Cash Deposit Instructions
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the respective companies listed
above. For all non-reviewed firms, CBP will continue to collect cash
deposits of estimated countervailing duties at the all-others rate or
the most recent company-specific rate applicable to the company, as
appropriate. These cash deposits, when imposed, shall remain in effect
until further notice.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 23, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. List of Comments from Interested Parties
IV. Scope of the Order
V. Rescission of the Administrative Review, in Part
VI. Rate for Non-Selected Companies Under Review
VII. Use of Facts Available and Application of Adverse Inferences
VIII. Changes Since the Preliminary Results
IX. Subsidies Valuation Information
X. Analysis of Programs
XI. Analysis of Comments
Comment 1: Whether Commerce Should Apply AFA to the Export
Buyer's Credit Program
Comment 2: Whether Input Producers of Solar Glass and Aluminum
Extrusions are Authorities
Comment 3: Whether the Provision of Electricity for LTAR Program
is Countervailable
Comment 4: Whether ``Other Subsidies'' are Countervailable
Comment 5: Whether Certain Benchmarks for Electricity Should Be
Corrected
Comment 6: Whether the Per-Kilogram Quantities Should be Used
for DaSol's Solar Glass for LTAR Calculations
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.
16. Yingli Energy (China) Co., Ltd.
Appendix III
Rescind the Review, In Part
No-Shipments:
1. Chint Solar (Zhejiang) Co., Ltd.
2. Changzhou Trina Solar Yabang Energy Co., Ltd.
3. Hubei Trina Solar Energy Co., Ltd.
4. Trina Solar Energy Co., Ltd., (formerly, Changzhou Trina Solar
Energy Co., Ltd.)
5. Trina Solar (Changzhou) Science and Technology Co., Ltd.
6. Turpan Trina Solar Energy Co., Ltd.
7. Yancheng Trina Solar Energy Technology Co., Ltd.
8. Baoding Jiasheng Photovoltaic Technology Co., Ltd.
9. Baoding Tianwei Yingli New Energy Resources Co., Ltd.
10. Hainan Yingli New Energy Resources Co., Ltd.
11. Hengshui Yingli New Energy Resources Co., Ltd.
12. Lixian Yingli New Energy Resources Co., Ltd.
13. Shenzhen Yingli New Energy Resources
[[Page 48396]]
Co., Ltd.
14. Tianjin Yingli New Energy Resources Co., Ltd.
15. Yingli Green Energy International Trading Company Limited
No-Reviewable Entries:
16. BYD (Shangluo) Industrial Co., Ltd.
17. Canadian Solar Manufacturing (Changshu) Inc.
18. Canadian Solar Manufacturing (Luoyang) Inc.
19. De-Tech Trading Limited HK
20. Dongguan Sunworth Solar Energy Co., Ltd.
21. Eoplly New Energy Technology Co., Ltd.
22. ERA Solar Co., Ltd.
23. ET Solar Energy Limited
24. Hangzhou Sunny Energy Science and Technology Co., Ltd.
25. Hengdian Group DMEGC Magnetics Co., Ltd.
26. Jiangsu High Hope Int'l Group
27. Jinko Solar International Limited
28. LERRI Solar Technology Co., Ltd.
29. Light Way Green New Energy Co., Ltd.
30. Luoyang Suntech Power Co., Ltd.
31. Ningbo ETDZ Holdings, Ltd.
32. Sumec Hardware & Tools Co., Ltd.
33. Sunpreme Solar Technology (Jiaxing) Co., Ltd.
34. Systemes Versilis, Inc.
35. tenKsolar (Shanghai) Co., Ltd.
36. Tianneng Yingli New Energy Resources Co., Ltd.
37. Toenergy Technology Hangzhou Co., Ltd.
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. 2021-18598 Filed 8-27-21; 8:45 am]
BILLING CODE 3510-DS-P