Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019, 58871-58874 [2021-23181]
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Federal Register / Vol. 86, No. 203 / Monday, October 25, 2021 / Notices
for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Order
This notice serves as a reminder to the
parties subject to an administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act, and 19
CFR 351.210(c).
Dated: October 18, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, Performing the Non-Exclusive
Functions and Duties of The Assistant
Secretary for Enforcement and Compliance.
Appendix I—Scope of the Investigation
The merchandise covered by this
investigation, polyester textured yarn, is
synthetic multifilament yarn that is
manufactured from polyester (polyethylene
terephthalate). Polyester textured yarn is
produced through a texturing process, which
imparts special properties to the filaments of
the yarn, including stretch, bulk, strength,
moisture absorption, insulation, and the
appearance of a natural fiber. This scope
includes all forms of polyester textured yarn,
regardless of surface texture or appearance,
yarn density and thickness (as measured in
denier), number of filaments, number of
plies, finish (luster), cross section, color, dye
method, texturing method, or packaging
method (such as spindles, tubes, or beams).
The merchandise subject to this
investigation is properly classified under
subheadings 5402.33.3000 and 5402.33.6000
of the Harmonized Tariff Schedule of the
United States (HTSUS). Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the merchandise is dispositive.
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Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary
Determination
IV. Scope of the Investigation
V. Discussion of the Issues
Comment 1: Recron’s Internal Grade
Categorization
Comment 2: Major Input Rule Adjustment
Regarding Recron’s Reported Paraxylene
Costs
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Comment 3: Major Input Rule Adjustment
Regarding Recron’s Purified Terephthalic
Acid Costs
VI. Recommendation
[FR Doc. 2021–23125 Filed 10–22–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–979]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Final Results of Antidumping
Duty Administrative Review and Final
Determination of No Shipments; 2018–
2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has determined that the
manufacturers/exporters of crystalline
silicon photovoltaic cells, whether or
not assembled into modules (solar
cells), from the People’s Republic of
China (China) listed in the ‘‘Final
Results of Review’’ section below, did
not sell subject merchandise in the
United States at less than normal value
during the period of review (POR)
December 1, 2018, through November
30, 2019.
DATES: Applicable October 25, 2021.
FOR FURTHER INFORMATION CONTACT: Jeff
Pedersen or Aleksandras Nakutis, 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) 482–2769 or (202) 482–3147,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 22, 2021, Commerce
published the Preliminary Results of
this review in the Federal Register.1
After publication of the Preliminary
Results, a number of interested parties
filed case and rebuttal briefs and
Commerce held a public hearing (see
the Issues and Decision Memorandum
for details).2 On August 12, 2021,
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review, Partial
Rescission of Antidumping Administrative Review,
and Preliminary Determination of No Shipments;
2018–2019, 86 FR 21277 (April 22, 2021)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2018–
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58871
Commerce extended the deadline for the
final results of this review until
September 24, 2021.3 On September 22,
2021, Commerce extended the deadline
for the final results of this review until
October 19, 2021.4 The final weightedaverage dumping margins are in the
‘‘Final Results of Review’’ section of this
notice.
Scope of the Order 5
The merchandise covered by this
order is crystalline silicon photovoltaic
cells, and modules, laminates, and
panels, consisting of crystalline silicon
photovoltaic cells, whether or not
partially or fully assembled into other
products, including, but not limited to,
modules, laminates, panels and building
integrated materials.6 Merchandise
covered by this order is currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under subheadings 8501.61.0000,
8507.20.80, 8541.40.6015, 8541.40.6020,
8541.40.6025, 8541.40.6030,
8541.40.6035, 8541.40.6045, and
8501.31.8000. Although these HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive. For a complete
description of the scope of the order, see
the Issues and Decision Memorandum.
Analysis of Comments Received
We addressed all of the issues that
were raised in interested parties’ case
and rebuttal briefs in the Issues and
Decision Memorandum. A list of the
sections in the Issues and Decision
Memorandum, including a list of issues
that parties raised, and to which we
responded, is in the appendix to this
notice. The Issues and Decision
Memorandum is a public document and
2019 Antidumping Duty Administrative Review of
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules, from the People’s
Republic of China,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
3 See Memorandum, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China:
Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2018–
2019,’’ dated August 12, 2021.
4 See Memorandum, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China:
Second Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2018–
2019,’’ dated September 22, 2021.
5 The scope was most recently updated in
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled Into Modules, from the People’s
Republic of China: Final Results of Changed
Circumstances Reviews, and Revocation of the
Antidumping and Countervailing Duty Orders, 83
FR 65344 (December 20, 2018).
6 For a complete description of the scope of the
order, see the Issues and Decision Memorandum.
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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://access.trade.gov/
public/FRNoticesListLayout.aspx.
Final Determination of No Shipments
We have continued to find that,
during the POR, there were no entries of
subject merchandise into the United
States from, or exports or sales of
subject merchandise to the United
States by, the following companies: (1)
BYD (Shangluo) Industrial Co., Ltd.; (2)
Changzhou Trina Solar Energy Co., Ltd.,
Trina Solar (Changzhou) Science and
Technology Co., Ltd., Yancheng Trina
Solar Energy Technology Co., Ltd.,
Changzhou Trina Solar Yabang Energy
Co., Ltd., Turpan Trina Solar Energy
Co., Ltd., Hubei Trina Solar Energy Co.,
Ltd., Trina (Hefei) Science and
Technology Co., Ltd.; and (3) Shanghai
BYD Co., Ltd.
Changes Since the Preliminary Results
Since issuing the Preliminary Results,
we corrected certain ministerial errors
in our calculation of Jinko’s weightedaverage dumping margin, (i.e.,
programming language regarding the
calculation of normal value and
domestic brokerage and handling
expenses). Based on comments
regarding the draft liquidation
instructions to U.S. Customs and Border
Protection (CBP) that we circulated to
the parties, have updated the
instructions regarding any shipments by
Trina.
Separate Rates
No parties commented on our
preliminary separate rate findings.
Therefore, we have continued to grant
Jinko 7 and Risen,8 (the mandatory
respondents) and the nine other
companies/company groups listed in
the ‘‘Final Results of Review’’ section
below separate rate status. However, we
have continued to deny separate rate
status to the 25 companies listed in
Appendix II of the Preliminary Results.
Dumping Margin for Non-Individually
Examined Respondents Granted
Separate Rate Status
The statute and Commerce’s
regulations do not address the rate to
apply to respondents not selected for
individual examination in a non-market
economy (NME) administrative review
who are eligible for a separate rate.
When considering which rate to apply
to such respondents, Commerce
generally looks to section 735(c)(5) of
the Tariff Act of 1930, as amended (the
Act), which provides instructions for
calculating the all-others rate in an
antidumping duty investigation. Section
735(c)(5)(A) of the Act instructs
Commerce to base the all-others rate on
the estimated weighted-average
dumping margins established for the
exporters and producers individually
investigated, excluding any dumping
margins that are zero, de minimis, or
based entirely on facts available.
However, section 735(c)(5)(B) of the Act
provides that, where all of the estimated
dumping margins for the exporters and
producers individually investigated are
either zero, de minimis, or are
determined entirely under section 776
of the Act, Commerce may use any
reasonable method to establish the rate
for exporters and producers not
individually examined.9
The SAA provides that when the
dumping margins for all individually
examined respondents are zero, de
minimis, or determined entirely on the
basis of facts available, the ‘‘expected
method’’ of determining the all-others
rate is to weight average the zero and de
minimis dumping margins with the
dumping margins based on facts
available, provided that volume data are
available.10 This practice has been
upheld by both the United States Court
of International Trade and United States
Court of Appeals for the Federal Circuit
(CAFC).11 In Albemarle and Changzhou
Hawd 2017, the CAFC held that under
the ‘‘expected method’’ the rates
determined for the ‘‘mandatory
respondents are assumed to be
representative’’ of the experience of the
non-selected companies.12
We calculated weighted-average
dumping margins of zero percent for
both mandatory respondents.
Accordingly, pursuant to section
735(c)(5)(B) of the Act and the CAFC’s
decisions in Albemarle and Changzhou
Hawd 2017, we assigned a dumping
margin of zero percent to the separate
rate recipients not selected for
examination.
Final Results of Review
We are assigning the following
dumping margins to the firms listed
below for the period December 1, 2018,
through November 30, 2019:
Weightedaverage
dumping
margin
(percent)
Producers/exporters
Jinko Solar Import and Export Co., Ltd./Jinko Solar Co., Ltd./JinkoSolar Technology (Haining) Co., Ltd./Yuhuan Jinko Solar Co.,
Ltd./Zhejiang Jinko Solar Co., Ltd./Jiangsu Jinko Tiansheng Solar Co., Ltd ..................................................................................
Risen Energy Co. Ltd./Risen (Wuhai) New Energy Co., Ltd./Zhejiang Twinsel Electronic Technology Co., Ltd./Risen (Luoyang)
New Energy Co., Ltd./Jiujiang Shengzhao Xinye Technology Co., Ltd./Jiujiang Shengchao Xinye Trade Co., Ltd., Ruichang
Branch/Risen Energy (HongKong) Co., Ltd./Risen Energy (Changzhou) Co., Ltd./Risen Energy (Yiwu) Co., Ltd ........................
0.00
0.00
Review-Specific Average Rate Applicable to the Following Companies
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Anji DaSol Solar Energy Science & Technology Co., Ltd ..................................................................................................................
7 We have continued to treat the following
companies as a single entity: Jinko Solar Import and
Export Co., Ltd.; Jinko Solar Co., Ltd.; JinkoSolar
Technology (Haining) Co., Ltd.; Yuhuan Jinko Solar
Co., Ltd.; Zhejiang Jinko Solar Co., Ltd.; and Jiangsu
Jinko Tiansheng Solar Co., Ltd. (collectively, Jinko).
8 We have continued to treat the following
companies as a single entity: Risen Energy Co. Ltd.;
Risen (Wuhai) New Energy Co., Ltd.; Zhejiang
Twinsel Electronic Technology Co., Ltd.; Risen
(Luoyang) New Energy Co., Ltd.; Jiujiang Shengchao
Xinye Technology Co., Ltd.; Jiujiang Shengzhao
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Xinye Trade Co., Ltd., Ruichang Branch; Risen
Energy (HongKong) Co., Ltd.; Risen Energy
(Changzhou) Co., Ltd.; and Risen Energy (YIWU)
Co., Ltd. (collectively, Risen).
9 See the Statement of Administrative Action
accompanying the Uruguay Round Agreements Act
(SAA), H.R. Rep. No. 103–316 at 870–873 (1994),
reprinted in 1994 U.S.C.C.A.N. 4040, 4200.
10 Id. at 873.
11 See Albemarle Corp. & Subsidiaries v. United
States, 821 F.3d 1345, 1351–52 (Fed. Cir. 2016)
(Albemarle); see also Changzhou Hawd Flooring
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Co., v. United States, 848 F.3d 1006, 1012 (Fed. Cir.
2017) (Changzhou Hawd 2017); and Navneet
Publications (India) Ltd. v. United States, 999 F.
Supp. 2d 1354, 1358 (CIT 2014) (Navneet).
12 See Changzhou Hawd 2017, 843 F.3d at 1012
(citing Albemarle, 821 F.3d at 1351–54) (explaining
that, under Albemarle, Commerce cannot ‘‘deviate
from the expected method unless it is found, based
on substantial evidence, that the separate-rate firms’
dumping is different from that of the mandatory
respondents’’).
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58873
Weightedaverage
dumping
margin
(percent)
Producers/exporters
Canadian Solar International Limited/Canadian Solar Manufacturing (Changshu), Inc./Canadian Solar Manufacturing (Luoyang)
Inc./CSI Cells Co., Ltd./CSI–GCL Solar Manufacturing (YanCheng) Co., Ltd./CSI Solar Power (China) Inc ................................
Chint Solar (Zhejiang) Co., Ltd./Chint New Energy Technology (Haining) Co., Ltd./Chint Solar (Jiuquan) Co., Ltd./Chint Solar
(Hong Kong) Company Limited .......................................................................................................................................................
LONGi Solar Technology Co., Ltd .......................................................................................................................................................
Shenzhen Sungold Solar Co., Ltd .......................................................................................................................................................
Shenzhen Topray Solar Co., Ltd .........................................................................................................................................................
Wuxi Tianran Photovoltaic Co., Ltd .....................................................................................................................................................
Yingli Energy (China) Company Limited/Baoding Tianwei Yingli New Energy Resources Co., Ltd./Tianjin Yingli New Energy Resources Co., Ltd./Hengshui Yingli New Energy Resources Co., Ltd./Lixian Yingli New Energy Resources Co., Ltd./Baoding
Jiasheng Photovoltaic Technology Co., Ltd./Beijing Tianneng Yingli New Energy Resources Co., Ltd./Hainan Yingli New Energy Resources Co., Ltd./Shenzhen Yingli New Energy Resources Co., Ltd ................................................................................
Zhejiang Aiko Solar Energy Technology Co., Ltd. ..............................................................................................................................
Commerce’s policy regarding the
conditional review of the China-wide
entity applies to this administrative
review.13 Under this policy, Commerce
will not review the China-wide entity in
an administrative review unless a party
specifically requests, or Commerce selfinitiates, a review of the entity. Because
no party requested a review of the
China-wide entity, and Commerce did
not self-initiate a review of the entity,
the China-wide entity is not under
review, and the dumping margin
assigned to the China-wide entity (i.e.,
238.95 percent) has not changed.14
Disclosure
Pursuant to 19 CFR 351.224(b), within
five days of the publication of this
notice in the Federal Register, we will
disclose to the parties to this
proceeding, the calculations that we
performed for these final results of
review.
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Assessment
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
will determine, and CBP shall assess,
antidumping duties on all appropriate
entries of subject merchandise covered
by the final results of this review.
Because the respondents’ weighted
average dumping margins are zero
percent, we will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.15
13 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65969–70 (November 4, 2013).
14 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2015–2016,
83 FR 35616 (July 27, 2018).
15 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
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0.00
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Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication date of
the final results of this review in the
Federal Register. If a timely summons is
filed at the CIT, 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).
Where merchandise was entered into
the United States under the case number
of a mandatory respondent in this
review during the POR (i.e., entered
under the mandatory respondent’s cash
deposit rate), but the mandatory
respondent did not report a
corresponding sale or entry in its U.S.
sales database, we will instruct CBP to
liquidate such entries at the China-wide
rate. In addition, for the companies for
which we determined that there were no
entries, exports, or sales of subject
merchandise during the POR, any
suspended entries of subject
merchandise entered under one of the
companies’ case numbers during the
POR will be liquidated at the Chinawide rate.16
for consumption on or after the date of
publication of this notice in the Federal
Register, the following cash deposits
will be required: (1) For the companies/
company groups listed in the table in
the ‘‘Final Results of Review’’ section
above, the cash deposit rate will be the
rate listed for each company/company
group in the table; (2) for previously
investigated Chinese and non-Chinese
exporters that received a separate rate in
a prior segment of this proceeding, the
cash deposit rate will continue to be the
existing exporter-specific rate; (3) for all
Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the rate previously
established for the China-wide entity
(i.e., 238.95 percent); and (4) for all nonChina exporters of subject merchandise
which have not received their own rate,
the cash deposit rate will be the rate
applicable to the Chinese exporter that
supplied the non-Chinese exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review in the Federal
Register. Pursuant to section
751(a)(2)(C) of the Act, for shipments of
subject merchandise from China
entered, or withdrawn from warehouse,
This notice serves as a 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 POR.
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.
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012).
16 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice. For reasons described in Comment
8 of the IDM, we intend to liquidate certain entries
by Trina during the POR at the cash deposit rate
under which they were entered.
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Notification to Importers
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
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disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. 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 violation
which is subject to sanction.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: October 19, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
jspears on DSK121TN23PROD with NOTICES1
Appendix—Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1. Whether to Apply Partial
Facts Available or Partial Adverse Facts
Available
Comment 2. Whether Certain Sales by
Risen are Constructed Export Price (CEP)
Sales
Comment 3. Whether Commerce Made
Ministerial Errors
Comment 4. Whether Commerce Should
Grant a Double Remedy Offset
Comment 5. Chint Solar’s Name
Comment 6. The Correct Assessment Rate
for Entries of Trina’s Subject
Merchandise
Comment 7. The Appropriate Surrogate
Value for Silver Paste
Comment 8. The Appropriate Surrogate
Value for Marine Insurance
Comment 9. The Appropriate Surrogate
Value for Air Freight
Comment 10. The Appropriate Surrogate
Value for Ocean Freight
Comment 11. The Appropriate Surrogate
Value for Solar Glass
Comment 12. The Appropriate Surrogate
Value for Ethylene Vinyl Acetate (EVA)
Sheet
Comment 13. The Appropriate Surrogate
Value for Backsheet
Comment 14. The Appropriate Surrogate
Financial Statements
VI. Recommendation
[FR Doc. 2021–23181 Filed 10–22–21; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–904]
Certain Activated Carbon From the
People’s Republic of China: Notice of
Final Results of Antidumping Duty
Changed Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 7, 2021, the
Department of Commerce (Commerce)
published the initiation and preliminary
results of a changed circumstances
review (CCR) of the antidumping duty
(AD) order on certain activated carbon
(activated carbon) from the People’s
Republic of China (China). For these
final results, Commerce continues to
find that Jacobi Carbons AB (Jacobi AB)
and its affiliates, Tianjin Jacobi
International Trading Co. Ltd. (Tianjin
Jacobi) and Jacobi Carbons Industry
(Tianjin) Co. Ltd. (JCC) (collectively,
Jacobi), should be collapsed with its
new wholly-owned Chinese affiliate,
Jacobi Adsorbent Materials (JAM), and
the single entity, inclusive of JAM,
should be assigned the same AD cash
deposit rate assigned to Jacobi for
purposes of determining AD liability in
this proceeding.
DATES: Applicable October 25, 2021.
FOR FURTHER INFORMATION CONTACT:
Jinny Ahn, AD/CVD Operations, Office
VIII, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0339.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 7, 2021, Commerce
published the Initiation and Preliminary
Results,1 finding that Jacobi should be
collapsed with JAM, and the Jacobi
single entity, inclusive of JAM, should
be assigned the same AD cash deposit
rate assigned to Jacobi for purposes of
determining AD liability in this
proceeding.2 In the Initiation and
Preliminary Results, we provided all
interested parties with an opportunity to
comment and request a public hearing
regarding our preliminary finding.3 We
1 See Certain Activated Carbon from the People’s
Republic of China: Notice of Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstances Review, 86 FR 50050 (September 7,
2021) (Initiation and Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Initiation and Preliminary Results, 86 FR at
50051.
3 Id.
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received no comments or requests for a
public hearing from interested parties.
Scope of the Order 4
The merchandise covered by the
scope of the Order is activated carbon.
For a complete description of the scope
of the Order, see the Preliminary
Decision Memorandum.
Final Results of Changed
Circumstances Review
For the reasons stated in the Initiation
and Preliminary Results, and because
we received no comments from
interested parties to the contrary,
Commerce continues to find that Jacobi
should be collapsed with JAM, and that
the Jacobi single entity, inclusive of
JAM, should be assigned the same AD
cash deposit rate assigned to Jacobi for
purposes of determining AD liability in
this proceeding.5 As a result of this
determination and consistent with
established practice, we find that JAM
should receive the cash deposit rate
previously assigned to Jacobi in the
most recently completed review of the
Order. The cash deposit rate assigned to
Jacobi in the most recently completed
review was $0.65 per kilogram.6
Consequently, Commerce will instruct
U.S. Customs and Border Protection to
suspend liquidation of all shipments of
subject merchandise exported by JAM
and entered, or withdrawn from
warehouse, for consumption on or after
the publication date of this notice in the
Federal Register at $0.65 per kilogram,
which is the current AD cash deposit
rate for Jacobi. This cash deposit
requirement shall remain in effect until
further notice.
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). 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.
4 See Notice of Antidumping Duty Order: Certain
Activated Carbon from the People’s Republic of
China, 72 FR 20988 (April 27, 2007) (Order).
5 See Initiation and Preliminary Results, 86 FR at
50051.
6 See Certain Activated Carbon from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review, Final Determination of
No Shipments, and Final Rescission of
Administrative Review, in Part; 2018–2019, 86 FR
10539 (February 22, 2021).
E:\FR\FM\25OCN1.SGM
25OCN1
]]>Agencies
[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58871-58874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23181]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-979]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has determined that the
manufacturers/exporters of crystalline silicon photovoltaic cells,
whether or not assembled into modules (solar cells), from the People's
Republic of China (China) listed in the ``Final Results of Review''
section below, did not sell subject merchandise in the United States at
less than normal value during the period of review (POR) December 1,
2018, through November 30, 2019.
DATES: Applicable October 25, 2021.
FOR FURTHER INFORMATION CONTACT: Jeff Pedersen or Aleksandras Nakutis,
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) 482-2769 or (202)
482-3147, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 22, 2021, Commerce published the Preliminary Results of
this review in the Federal Register.\1\ After publication of the
Preliminary Results, a number of interested parties filed case and
rebuttal briefs and Commerce held a public hearing (see the Issues and
Decision Memorandum for details).\2\ On August 12, 2021, Commerce
extended the deadline for the final results of this review until
September 24, 2021.\3\ On September 22, 2021, Commerce extended the
deadline for the final results of this review until October 19,
2021.\4\ The final weighted-average dumping margins are in the ``Final
Results of Review'' section of this notice.
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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 Antidumping Duty Administrative Review,
Partial Rescission of Antidumping Administrative Review, and
Preliminary Determination of No Shipments; 2018-2019, 86 FR 21277
(April 22, 2021) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2018-2019 Antidumping Duty Administrative
Review of Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
\3\ See Memorandum, ``Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the People's Republic of
China: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review; 2018-2019,'' dated August 12, 2021.
\4\ See Memorandum, ``Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the People's Republic of
China: Second Extension of Deadline for Final Results of Antidumping
Duty Administrative Review; 2018-2019,'' dated September 22, 2021.
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Scope of the Order 5
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\5\ The scope was most recently updated in Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into Modules, from the
People's Republic of China: Final Results of Changed Circumstances
Reviews, and Revocation of the Antidumping and Countervailing Duty
Orders, 83 FR 65344 (December 20, 2018).
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The merchandise covered by this order is crystalline silicon
photovoltaic cells, and modules, laminates, and panels, consisting of
crystalline silicon photovoltaic cells, whether or not partially or
fully assembled into other products, including, but not limited to,
modules, laminates, panels and building integrated materials.\6\
Merchandise covered by this order is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 8501.61.0000, 8507.20.80, 8541.40.6015, 8541.40.6020,
8541.40.6025, 8541.40.6030, 8541.40.6035, 8541.40.6045, and
8501.31.8000. Although these HTSUS subheadings are provided for
convenience and customs purposes, the written description of the scope
of this order is dispositive. For a complete description of the scope
of the order, see the Issues and Decision Memorandum.
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\6\ For a complete description of the scope of the order, see
the Issues and Decision Memorandum.
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Analysis of Comments Received
We addressed all of the issues that were raised in interested
parties' case and rebuttal briefs in the Issues and Decision
Memorandum. A list of the sections in the Issues and Decision
Memorandum, including a list of issues that parties raised, and to
which we responded, is in the appendix to this notice. The Issues and
Decision Memorandum is a public document and
[[Page 58872]]
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://access.trade.gov/public/FRNoticesListLayout.aspx.
Final Determination of No Shipments
We have continued to find that, during the POR, there were no
entries of subject merchandise into the United States from, or exports
or sales of subject merchandise to the United States by, the following
companies: (1) BYD (Shangluo) Industrial Co., Ltd.; (2) Changzhou Trina
Solar Energy Co., Ltd., Trina Solar (Changzhou) Science and Technology
Co., Ltd., Yancheng Trina Solar Energy Technology Co., Ltd., Changzhou
Trina Solar Yabang Energy Co., Ltd., Turpan Trina Solar Energy Co.,
Ltd., Hubei Trina Solar Energy Co., Ltd., Trina (Hefei) Science and
Technology Co., Ltd.; and (3) Shanghai BYD Co., Ltd.
Changes Since the Preliminary Results
Since issuing the Preliminary Results, we corrected certain
ministerial errors in our calculation of Jinko's weighted-average
dumping margin, (i.e., programming language regarding the calculation
of normal value and domestic brokerage and handling expenses). Based on
comments regarding the draft liquidation instructions to U.S. Customs
and Border Protection (CBP) that we circulated to the parties, have
updated the instructions regarding any shipments by Trina.
Separate Rates
No parties commented on our preliminary separate rate findings.
Therefore, we have continued to grant Jinko \7\ and Risen,\8\ (the
mandatory respondents) and the nine other companies/company groups
listed in the ``Final Results of Review'' section below separate rate
status. However, we have continued to deny separate rate status to the
25 companies listed in Appendix II of the Preliminary Results.
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\7\ We have continued to treat the following companies as a
single entity: Jinko Solar Import and Export Co., Ltd.; Jinko Solar
Co., Ltd.; JinkoSolar Technology (Haining) Co., Ltd.; Yuhuan Jinko
Solar Co., Ltd.; Zhejiang Jinko Solar Co., Ltd.; and Jiangsu Jinko
Tiansheng Solar Co., Ltd. (collectively, Jinko).
\8\ We have continued to treat the following companies as a
single entity: Risen Energy Co. Ltd.; Risen (Wuhai) New Energy Co.,
Ltd.; Zhejiang Twinsel Electronic Technology Co., Ltd.; Risen
(Luoyang) New Energy Co., Ltd.; Jiujiang Shengchao Xinye Technology
Co., Ltd.; Jiujiang Shengzhao Xinye Trade Co., Ltd., Ruichang
Branch; Risen Energy (HongKong) Co., Ltd.; Risen Energy (Changzhou)
Co., Ltd.; and Risen Energy (YIWU) Co., Ltd. (collectively, Risen).
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Dumping Margin for Non-Individually Examined Respondents Granted
Separate Rate Status
The statute and Commerce's regulations do not address the rate to
apply to respondents not selected for individual examination in a non-
market economy (NME) administrative review who are eligible for a
separate rate. When considering which rate to apply to such
respondents, Commerce generally looks to section 735(c)(5) of the
Tariff Act of 1930, as amended (the Act), which provides instructions
for calculating the all-others rate in an antidumping duty
investigation. Section 735(c)(5)(A) of the Act instructs Commerce to
base the all-others rate on the estimated weighted-average dumping
margins established for the exporters and producers individually
investigated, excluding any dumping margins that are zero, de minimis,
or based entirely on facts available. However, section 735(c)(5)(B) of
the Act provides that, where all of the estimated dumping margins for
the exporters and producers individually investigated are either zero,
de minimis, or are determined entirely under section 776 of the Act,
Commerce may use any reasonable method to establish the rate for
exporters and producers not individually examined.\9\
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\9\ See the Statement of Administrative Action accompanying the
Uruguay Round Agreements Act (SAA), H.R. Rep. No. 103-316 at 870-873
(1994), reprinted in 1994 U.S.C.C.A.N. 4040, 4200.
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The SAA provides that when the dumping margins for all individually
examined respondents are zero, de minimis, or determined entirely on
the basis of facts available, the ``expected method'' of determining
the all-others rate is to weight average the zero and de minimis
dumping margins with the dumping margins based on facts available,
provided that volume data are available.\10\ This practice has been
upheld by both the United States Court of International Trade and
United States Court of Appeals for the Federal Circuit (CAFC).\11\ In
Albemarle and Changzhou Hawd 2017, the CAFC held that under the
``expected method'' the rates determined for the ``mandatory
respondents are assumed to be representative'' of the experience of the
non-selected companies.\12\
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\10\ Id. at 873.
\11\ See Albemarle Corp. & Subsidiaries v. United States, 821
F.3d 1345, 1351-52 (Fed. Cir. 2016) (Albemarle); see also Changzhou
Hawd Flooring Co., v. United States, 848 F.3d 1006, 1012 (Fed. Cir.
2017) (Changzhou Hawd 2017); and Navneet Publications (India) Ltd.
v. United States, 999 F. Supp. 2d 1354, 1358 (CIT 2014) (Navneet).
\12\ See Changzhou Hawd 2017, 843 F.3d at 1012 (citing
Albemarle, 821 F.3d at 1351-54) (explaining that, under Albemarle,
Commerce cannot ``deviate from the expected method unless it is
found, based on substantial evidence, that the separate-rate firms'
dumping is different from that of the mandatory respondents'').
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We calculated weighted-average dumping margins of zero percent for
both mandatory respondents. Accordingly, pursuant to section
735(c)(5)(B) of the Act and the CAFC's decisions in Albemarle and
Changzhou Hawd 2017, we assigned a dumping margin of zero percent to
the separate rate recipients not selected for examination.
Final Results of Review
We are assigning the following dumping margins to the firms listed
below for the period December 1, 2018, through November 30, 2019:
------------------------------------------------------------------------
Weighted-
average
Producers/exporters dumping margin
(percent)
------------------------------------------------------------------------
Jinko Solar Import and Export Co., Ltd./Jinko Solar Co., 0.00
Ltd./JinkoSolar Technology (Haining) Co., Ltd./Yuhuan
Jinko Solar Co., Ltd./Zhejiang Jinko Solar Co., Ltd./
Jiangsu Jinko Tiansheng Solar Co., Ltd.................
Risen Energy Co. Ltd./Risen (Wuhai) New Energy Co., Ltd./ 0.00
Zhejiang Twinsel Electronic Technology Co., Ltd./Risen
(Luoyang) New Energy Co., Ltd./Jiujiang Shengzhao Xinye
Technology Co., Ltd./Jiujiang Shengchao Xinye Trade
Co., Ltd., Ruichang Branch/Risen Energy (HongKong) Co.,
Ltd./Risen Energy (Changzhou) Co., Ltd./Risen Energy
(Yiwu) Co., Ltd........................................
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Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
Anji DaSol Solar Energy Science & Technology Co., Ltd... 0.00
[[Page 58873]]
Canadian Solar International Limited/Canadian Solar 0.00
Manufacturing (Changshu), Inc./Canadian Solar
Manufacturing (Luoyang) Inc./CSI Cells Co., Ltd./CSI-
GCL Solar Manufacturing (YanCheng) Co., Ltd./CSI Solar
Power (China) Inc......................................
Chint Solar (Zhejiang) Co., Ltd./Chint New Energy 0.00
Technology (Haining) Co., Ltd./Chint Solar (Jiuquan)
Co., Ltd./Chint Solar (Hong Kong) Company Limited......
LONGi Solar Technology Co., Ltd......................... 0.00
Shenzhen Sungold Solar Co., Ltd......................... 0.00
Shenzhen Topray Solar Co., Ltd.......................... 0.00
Wuxi Tianran Photovoltaic Co., Ltd...................... 0.00
Yingli Energy (China) Company Limited/Baoding Tianwei 0.00
Yingli New Energy Resources Co., Ltd./Tianjin Yingli
New Energy Resources Co., Ltd./Hengshui Yingli New
Energy Resources Co., Ltd./Lixian Yingli New Energy
Resources Co., Ltd./Baoding Jiasheng Photovoltaic
Technology Co., Ltd./Beijing Tianneng Yingli New Energy
Resources Co., Ltd./Hainan Yingli New Energy Resources
Co., Ltd./Shenzhen Yingli New Energy Resources Co., Ltd
Zhejiang Aiko Solar Energy Technology Co., Ltd.......... 0.00
------------------------------------------------------------------------
Commerce's policy regarding the conditional review of the China-
wide entity applies to this administrative review.\13\ Under this
policy, Commerce will not review the China-wide entity in an
administrative review unless a party specifically requests, or Commerce
self-initiates, a review of the entity. Because no party requested a
review of the China-wide entity, and Commerce did not self-initiate a
review of the entity, the China-wide entity is not under review, and
the dumping margin assigned to the China-wide entity (i.e., 238.95
percent) has not changed.\14\
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\13\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November
4, 2013).
\14\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2015-2016, 83 FR 35616 (July 27,
2018).
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Disclosure
Pursuant to 19 CFR 351.224(b), within five days of the publication
of this notice in the Federal Register, we will disclose to the parties
to this proceeding, the calculations that we performed for these final
results of review.
Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce will determine, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise covered by the final
results of this review. Because the respondents' weighted average
dumping margins are zero percent, we will instruct CBP to liquidate
appropriate entries without regard to antidumping duties.\15\ Commerce
intends to issue assessment instructions to CBP no earlier than 35 days
after the date of publication date of the final results of this review
in the Federal Register. If a timely summons is filed at the CIT, 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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\15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012).
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Where merchandise was entered into the United States under the case
number of a mandatory respondent in this review during the POR (i.e.,
entered under the mandatory respondent's cash deposit rate), but the
mandatory respondent did not report a corresponding sale or entry in
its U.S. sales database, we will instruct CBP to liquidate such entries
at the China-wide rate. In addition, for the companies for which we
determined that there were no entries, exports, or sales of subject
merchandise during the POR, any suspended entries of subject
merchandise entered under one of the companies' case numbers during the
POR will be liquidated at the China-wide rate.\16\
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\16\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice. For reasons described in Comment 8 of
the IDM, we intend to liquidate certain entries by Trina during the
POR at the cash deposit rate under which they were entered.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review in the
Federal Register. Pursuant to section 751(a)(2)(C) of the Act, for
shipments of subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register, the following cash deposits will be
required: (1) For the companies/company groups listed in the table in
the ``Final Results of Review'' section above, the cash deposit rate
will be the rate listed for each company/company group in the table;
(2) for previously investigated Chinese and non-Chinese exporters that
received a separate rate in a prior segment of this proceeding, the
cash deposit rate will continue to be the existing exporter-specific
rate; (3) for all Chinese exporters of subject merchandise that have
not been found to be entitled to a separate rate, the cash deposit rate
will be the rate previously established for the China-wide entity
(i.e., 238.95 percent); and (4) for all non-China exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the Chinese exporter that supplied
the non-Chinese exporter. These deposit requirements, when imposed,
shall remain in effect until further notice.
Notification to Importers
This notice serves as a 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 POR. 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 Orders
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
[[Page 58874]]
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. 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 violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: October 19, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1. Whether to Apply Partial Facts Available or Partial
Adverse Facts Available
Comment 2. Whether Certain Sales by Risen are Constructed Export
Price (CEP) Sales
Comment 3. Whether Commerce Made Ministerial Errors
Comment 4. Whether Commerce Should Grant a Double Remedy Offset
Comment 5. Chint Solar's Name
Comment 6. The Correct Assessment Rate for Entries of Trina's
Subject Merchandise
Comment 7. The Appropriate Surrogate Value for Silver Paste
Comment 8. The Appropriate Surrogate Value for Marine Insurance
Comment 9. The Appropriate Surrogate Value for Air Freight
Comment 10. The Appropriate Surrogate Value for Ocean Freight
Comment 11. The Appropriate Surrogate Value for Solar Glass
Comment 12. The Appropriate Surrogate Value for Ethylene Vinyl
Acetate (EVA) Sheet
Comment 13. The Appropriate Surrogate Value for Backsheet
Comment 14. The Appropriate Surrogate Financial Statements
VI. Recommendation
[FR Doc. 2021-23181 Filed 10-22-21; 8:45 am]
BILLING CODE 3510-DS-P
