Certain Crystalline Silicon Photovoltaic Products From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2020-2021, 13700-13701 [2022-05070]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 47 (Thursday, March 10, 2022)]
[Notices]
[Pages 13700-13701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05070]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-853]


Certain Crystalline Silicon Photovoltaic Products From Taiwan: 
Final Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2020-2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On November 5, 2021, the Department of Commerce (Commerce) 
published the preliminary results of the administrative review of the 
antidumping duty order on certain crystalline silicon photovoltaic 
products (solar products) from Taiwan during the period of review 
(POR), February 1, 2020, to January 31, 2021. We received no comments 
or requests for a hearing. We continue to find that 16 of the companies 
under review made no shipments of solar products from Taiwan during the 
POR. Moreover, with respect to the companies that did not submit no-
shipment certifications and were not selected as mandatory respondents, 
we have determined to apply a rate of 7.89 percent, i.e., the non-
selected rate from the prior (fifth) administrative review under this 
antidumping duty order.

DATES: Applicable March 10, 2022.

FOR FURTHER INFORMATION CONTACT: Thomas Martin or Zachary Shaykin, AD/
CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3936 or (202) 
482-2638, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 5, 2021, Commerce published the Preliminary Results and 
invited interested parties to comment.\1\ We received no comments on 
the Preliminary Results from any interested parties. Commerce conducted 
this review in accordance with section 751 of the Tariff Act of 1930, 
as amended (the Act).
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    \1\ See Certain Crystalline Silicon Photovoltaic Products from 
Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review, Partial Rescission of Antidumping Duty Administrative Review 
and Preliminary Determination of No Shipments; 2020-2021, 86 FR 
61131 (November 5, 2021).
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Scope of the Order

    The merchandise covered by the Order is solar products from 
Taiwan.\2\ Imports of subject merchandise are classified under the 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 
8501.71.0000, 8501.72.1000, 8501.72.2000, 8501.72.3000, 8501.72.9000, 
8501.80.1000, 8501.80.2000, 8501.80.3000, 8501.80.9000, 8507.20.8010, 
8507.20.8031, 8507.20.8041, 8507.20.8061, 8507.20.8091, 8541.42.0010, 
8541.43.0010. These HTSUS subheadings are provided for convenience and 
customs purposes; the written description of the scope of the Order is 
dispositive.\3\
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    \2\ See Certain Crystalline Silicon Photovoltaic Products from 
Taiwan: Antidumping Duty Order, 80 FR 8596 (February 18, 2015) 
(Order).
    \3\ Id.
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Final Determination of No Shipments

    As noted in the Preliminary Results, we received claims of no 
shipments from 16 producers and/or exporters under review, and we 
preliminarily determined that these 16 companies had no shipments of 
subject merchandise during the POR.\4\ We received no comments from 
interested parties with respect to these claims. Therefore, because we 
have not received any information to contradict our preliminary no-
shipment determination, nor any comment in opposition to our 
preliminary finding or to record evidence indicating that these 16 
companies had no entries of subject merchandise to the United States 
during the POR, we continue to find that these 16 companies had no 
shipments during the POR.\5\ We will issue appropriate instructions to 
U.S. Customs and Border Protection (CBP) based on our final results.
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    \4\ See Preliminary Results, 86 FR at 61131-32. These companies 
are: (1) AU Optronics Corporation (AU); (2) Canadian Solar Inc.; (3) 
Canadian Solar International Limited; (4) Canadian Solar 
Manufacturing (Changshu), Inc.; (5) Canadian Solar Manufacturing 
(Luoyang), Inc.; (6) Canadian Solar Solutions Inc.; (7) Vina Solar 
Technology Co., Ltd.; (8) Baoding Tianwei Yingli New Energy 
Resources Co., Ltd.; (9) Beijing Tianneng 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 Co., Ltd.; (14) Tianjin Yingli New Energy 
Resources Co., Ltd.; (15) Yingli Energy (China) Co., Ltd.; and (16) 
Yingli Green Energy International Trading Company Limited.
    \5\ See Preliminary Results, 86 FR at 61131-32.
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Final Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, Commerce looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in a less-
than-fair-value (LTFV) investigation, for guidance when calculating the 
rate for companies which were not selected for individual examination 
in an administrative review. Under section 735(c)(5)(A) of the Act, the 
all-others rate is normally ``an amount equal to the weighted-average 
of the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .'' However, in this administrative 
review, there are no individually investigated companies receiving 
calculated dumping margins. Accordingly, because we have no companies 
in the instant review for which we are calculating a rate that can be 
applied to the non-selected companies,\6\ for the final results of 
review, we have determined to apply a rate of 7.89 percent to the non-
selected respondents, which is the weighted-average dumping margin 
determined and assigned to the non-selected respondents in the previous 
(fifth) administrative review of the Order.\7\
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    \6\ In the Preliminary Results, Commerce rescinded the review 
with respect to eleven companies that had reviewable entries of 
subject merchandise during the POR, including the mandatory 
respondents, in response to timely withdrawn review requests from 
all parties that requested a review of these eleven companies. See 
Preliminary Results, 86 FR at 61131.
    \7\ See Certain Crystalline Silicon Photovoltaic Products from 
Taiwan: Final Results of Antidumping Duty Administrative Review; 
Partial Rescission of Antidumping Duty Administrative Review; Final 
Determination of No Shipments; 2019-2020, 86 FR 49509, 49510-11 
(September 3, 2021), and accompanying Issues and Decision 
Memorandum.

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[[Page 13701]]

Final Results of Review

    We determine that the following weighted-average dumping margins 
exist for the non-selected respondents for the POR, February 1, 2020, 
through January 31, 2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
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Baoding Jiasheng Photovoltaic Technology Co. Ltd............        7.89
Boviet Solar Technology Co., Ltd............................        7.89
Kyocera Mexicana S.A. de C.V................................        7.89
Sunrise Energy Co. Ltd......................................        7.89
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Disclosure

    As noted above, no party commented on the Preliminary Results. As a 
result, we have not modified our analysis from the Preliminary Results 
and will not issue a decision memorandum to accompany this Federal 
Register notice. We are adopting the Preliminary Results as the final 
results of this review. Further, because we have not changed our 
calculations since the Preliminary Results, there are no new 
calculations to disclose in accordance with 19 CFR 351.224(b) for these 
final results.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), Commerce has determined, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise in 
accordance with the final results of this review. In accordance with 
the Preliminary Results, we determined that no companies in this review 
had reviewable entries of subject merchandise upon which to calculate a 
dumping margin.\8\
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    \8\ See Preliminary Results, 86 FR at 61132.
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    For the companies which were not selected for individual review, we 
will instruct CBP to assess antidumping duties at an ad valorem rate 
equal to the non-selected rate determined in the previous 
administrative review. 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.\9\
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    \9\ See section 751(a)(2)(C) of the Act.
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    For entries of subject merchandise produced during the POR by the 
16 companies that had no shipments during the POR, we will instruct CBP 
to liquidate such entries at the all-others rate if there is no rate 
for the intermediate company(-ies) involved in the transaction.\10\
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    \10\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    Commerce intends to issue appropriate 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 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 all remaining companies in this 
review will be equal to the weighted-average dumping margin of 7.89 
percent that was established in the final results of the previous 
administrative review; (2) for previously reviewed or investigated 
companies not covered in this review, including the companies which 
Commerce has determined had no shipments in these final results, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding in 
which the companies participated; (3) if the exporter is not a firm 
covered in this review, a prior review, or the original LTFV 
investigation, but the producer is, then the cash deposit rate will be 
the cash deposit rate established for the most recently completed 
segment for the producer of the subject merchandise; and (4) if neither 
the exporter nor the manufacturer is a firm covered in this or any 
previous review or the LTFV investigation, the cash deposit rate for 
all other producers or exporters will continue to be 19.50 percent, the 
all-others rate established in the LTFV investigation.\11\ The cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \11\ See Certain Crystalline Silicon Photovoltaic Products from 
Taiwan: Final Determination of Sales at Less Than Fair Value, 79 FR 
76966, 76969 (December 23, 2014).
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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 also serves as the final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction 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)(1) of the Act, and 19 CFR 351.221(b)(5) and 19 CFR 
351.213(h).

    Dated: March 3, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-05070 Filed 3-9-22; 8:45 am]
BILLING CODE 3510-DS-P