Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2021, 14331-14332 [2023-04756]

Download as PDF Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Notices most recently completed segment of this proceeding in which the producer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-thanfair-value (LTFV) investigation, but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of the proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers and exporters will continue to be 32.16 percent ad valorem, the allothers rate established in the LTFV investigation.7 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers Regarding the Reimbursement of Duties 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 the 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. Notification Regarding Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (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 the return or 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 We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). lotter on DSK11XQN23PROD with NOTICES1 Dated: March 1, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order 7 See Order, 84 FR at 65350. VerDate Sep<11>2014 16:48 Mar 07, 2023 Jkt 259001 IV. Discussion of the Issue Comment: Currency of Reported Marine Insurance Expenses V. Recommendation [FR Doc. 2023–04707 Filed 3–7–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–011] Certain Crystalline Silicon Photovoltaic Products From the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to a producer and/or exporter of certain crystalline silicon photovoltaic products (solar products) from the People’s Republic of China (China) during the period of review (POR) January 1, 2021, through December 31, 2021. Interested parties are invited to comment on these preliminary results. DATES: Applicable March 8, 2023. FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, 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) 482–8356. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 12, 2022, Commerce initiated this administrative review of the countervailing duty (CVD) order on solar products from China.1 The sole mandatory company respondent is Trina Solar (Changzhou) Science & Technology Co., Ltd. (Trina Solar). On January 24, 2023, Commerce extended the time limit for these preliminary results to February 28, 2023.2 For a complete description of the events that followed the initiation of the review, see the Preliminary Decision 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 21619 (April 12, 2022). 2 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review,’’ dated October 17, 2022; see also Memorandum, ‘‘Extension of Deadline for Preliminary Results of 2021 Countervailing Duty Administrative Review,’’ dated January 24, 2023. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 14331 Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as an Appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade/gov/public/ FRNoticesListLayout.aspx. Scope of the Order The merchandise covered by the order is modules, laminates and/or panels consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including building integrated materials. For purposes of the order, subject merchandise includes modules, laminates and/or panels assembled in China consisting of crystalline silicon photovoltaic cells produced in a customs territory other than China. For a complete description of the scope of this order, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs preliminarily found to be countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution from an authority that gives rise to a benefit to the recipient and that the subsidy is specific.4 For a full description of the methodology underlying Commerce’s preliminary conclusions, including Commerce’s reliance, in part, on facts available with adverse inferences pursuant to sections 776(a) and (b) of the Act, see the Preliminary Decision Memorandum. Preliminary Results of Review Commerce preliminarily determines the net countervailable subsidy rate for 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review, Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China; 2021,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. E:\FR\FM\08MRN1.SGM 08MRN1 14332 Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Notices the period January 1, 2021, through December 31, 2021: Company Subsidy rate (percent ad valorem) Trina Solar (Changzhou) Science & Technology Co., Ltd 5 ........................... 8.75 Assessment Rates In accordance with 19 CFR 351.221(b)(4)(i), Commerce preliminarily assigned a subsidy rate in the amount for the producer/exporter shown above. Upon completion of the administrative review, consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by 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). lotter on DSK11XQN23PROD with NOTICES1 Cash Deposit Rates Pursuant to section 751(a)(1) of the Act, Commerce intends to instruct CBP to collect cash deposits in the amounts indicated for the producer/exporter listed above with regard to shipments of subject merchandise entered or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed firms, CBP will continue to collect cash deposits of estimated countervailable duties at the all-others rate or the most recent company-specific rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, 5 This rate applies to Trina Solar (Changzhou) Science & Technology Co., Ltd. and its cross-owned companies: Yancheng Trina Solar Guoneng Science & Technology Co., Ltd.; Trina Solar (Su Qian) Technology Co., Ltd.; Trina Solar Yiwu Technology Co., Ltd.; Trina Solar Co., Ltd.; Trina Solar (Yancheng Dafeng) Co., Ltd.; Trina Solar Science & Technology (Yancheng) Co., Ltd.; Trina Solar (Suqian) Optoelectronics Co., Ltd.; Trina Solar (Changzhou) Optoelectronic Device Co., Ltd.; Changzhou Trina Solar Yabang Energy Co., Ltd.; Hubei Trina Solar Energy Co., Ltd.; Turpan Trina Solar Energy Co., Ltd.; Trina Solar (Hefei) Science and Technology Co., Ltd.; Changzhou Hesai PV Ribbon Materials Co., Ltd.; Changzhou Hewei New Material Technology Co., Ltd.; Changzhou Trina Hezhong PV Co., Ltd.; and Changzhou Trina PV Ribbon Materials Co., Ltd. VerDate Sep<11>2014 16:48 Mar 07, 2023 Jkt 259001 shall remain in effect until further notice. 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Disclosure Commerce intends to disclose its calculations and analysis performed in reaching the preliminary results within five days of publication of these preliminary results, in accordance with 19 CFR 351.224(b). Dated: February 28, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Public Comment Case briefs or other written documents may be submitted to the Assistant Secretary for Enforcement and Compliance.6 A timeline for the submission of case and rebuttal briefs and written comments will be provided to interested parties at a later date. Pursuant to 19 CFR 351.301(c) and (d)(2), parties who wish to submit case or rebuttal briefs in this review are requested to submit for each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. All briefs must be filed electronically using ACCESS. Note that Commerce has modified certain of its requirements for serving documents containing business proprietary information, until further notice.7 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must do so within 30 days after the date of publication of this notice by submitting a written request to the Assistant Secretary for Enforcement and Compliance.8 Requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants and whether a participant is a foreign national; and (3) a list of the issues to be discussed. If a hearing request is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Unless the deadline is extended, Commerce intends to issue the final results of this administrative review, which will include the results of Commerce’s analysis of the issues raised in the case briefs, within 120 days after the date of the preliminary results, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1). Notification to Interested Parties These preliminary results are issued and published pursuant to sections 6 See 19 CFR 351.309(c) and (d). Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 8 See 19 CFR 351.310(c). Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Review IV. Scope of the Order V. Diversification of China’s Economy VI. Subsidies Valuation VII. Interest Rate Benchmarks, Discount Rates, and Benchmarks for Measuring the Adequacy of Remuneration VIII. Use of Facts Otherwise Available and Application of Adverse Inferences IX. Analysis of Programs X. Recommendation [FR Doc. 2023–04756 Filed 3–7–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–895] Low Melt Polyester Staple Fiber From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2020–2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that Toray Advanced Materials Korea, Inc. (TAK) made sales of subject merchandise at less than normal value during the period of review (POR), August 1, 2020, through July 31, 2021. DATES: Applicable March 8, 2023. FOR FURTHER INFORMATION CONTACT: Alice Maldonado, Melissa Porpotage, or Andrew Hart, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4682, (202) 482–1413, and (202) 482–1058 respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 16, 2018, Commerce published in the Federal Register an AD order on low melt polyester staple fiber (low melt PSF) from the Republic of Korea (Korea).1 On September 6, 2022, 7 See PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 1 See Low Melt Polyester Staple Fiber from the Republic of Korea and Taiwan: Antidumping Duty Orders, 83 FR 40752 (August 16, 2018) (Order). E:\FR\FM\08MRN1.SGM 08MRN1

Agencies

[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Notices]
[Pages 14331-14332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04756]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-011]


Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China: Preliminary Results of Countervailing Duty 
Administrative Review; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies were provided to a producer 
and/or exporter of certain crystalline silicon photovoltaic products 
(solar products) from the People's Republic of China (China) during the 
period of review (POR) January 1, 2021, through December 31, 2021. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable March 8, 2023.

FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, 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) 482-8356.

SUPPLEMENTARY INFORMATION: 

Background

    On April 12, 2022, Commerce initiated this administrative review of 
the countervailing duty (CVD) order on solar products from China.\1\ 
The sole mandatory company respondent is Trina Solar (Changzhou) 
Science & Technology Co., Ltd. (Trina Solar). On January 24, 2023, 
Commerce extended the time limit for these preliminary results to 
February 28, 2023.\2\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 21619 (April 12, 2022).
    \2\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review,'' dated 
October 17, 2022; see also Memorandum, ``Extension of Deadline for 
Preliminary Results of 2021 Countervailing Duty Administrative 
Review,'' dated January 24, 2023.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of the review, see the Preliminary Decision Memorandum.\3\ A 
list of topics discussed in the Preliminary Decision Memorandum is 
included as an Appendix to this notice. The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade/gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review, Certain 
Crystalline Silicon Photovoltaic Products from the People's Republic 
of China; 2021,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order is modules, laminates and/or 
panels consisting of crystalline silicon photovoltaic cells, whether or 
not partially or fully assembled into other products, including 
building integrated materials. For purposes of the order, subject 
merchandise includes modules, laminates and/or panels assembled in 
China consisting of crystalline silicon photovoltaic cells produced in 
a customs territory other than China. For a complete description of the 
scope of this order, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). For each of the subsidy programs preliminarily found to be 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e., a financial contribution from an authority that gives 
rise to a benefit to the recipient and that the subsidy is specific.\4\ 
For a full description of the methodology underlying Commerce's 
preliminary conclusions, including Commerce's reliance, in part, on 
facts available with adverse inferences pursuant to sections 776(a) and 
(b) of the Act, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \4\ 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.
---------------------------------------------------------------------------

Preliminary Results of Review

    Commerce preliminarily determines the net countervailable subsidy 
rate for

[[Page 14332]]

the period January 1, 2021, through December 31, 2021:
---------------------------------------------------------------------------

    \5\ This rate applies to Trina Solar (Changzhou) Science & 
Technology Co., Ltd. and its cross-owned companies: Yancheng Trina 
Solar Guoneng Science & Technology Co., Ltd.; Trina Solar (Su Qian) 
Technology Co., Ltd.; Trina Solar Yiwu Technology Co., Ltd.; Trina 
Solar Co., Ltd.; Trina Solar (Yancheng Dafeng) Co., Ltd.; Trina 
Solar Science & Technology (Yancheng) Co., Ltd.; Trina Solar 
(Suqian) Optoelectronics Co., Ltd.; Trina Solar (Changzhou) 
Optoelectronic Device Co., Ltd.; Changzhou Trina Solar Yabang Energy 
Co., Ltd.; Hubei Trina Solar Energy Co., Ltd.; Turpan Trina Solar 
Energy Co., Ltd.; Trina Solar (Hefei) Science and Technology Co., 
Ltd.; Changzhou Hesai PV Ribbon Materials Co., Ltd.; Changzhou Hewei 
New Material Technology Co., Ltd.; Changzhou Trina Hezhong PV Co., 
Ltd.; and Changzhou Trina PV Ribbon Materials Co., Ltd.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Trina Solar (Changzhou) Science & Technology Co., Ltd               8.75
 \5\....................................................
------------------------------------------------------------------------

Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), Commerce preliminarily 
assigned a subsidy rate in the amount for the producer/exporter shown 
above. Upon completion of the administrative review, consistent with 
section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
countervailing duties on all appropriate entries covered by 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 Rates

    Pursuant to section 751(a)(1) of the Act, Commerce intends to 
instruct CBP to collect cash deposits in the amounts indicated for the 
producer/exporter listed above with regard to shipments of subject 
merchandise entered or withdrawn from warehouse, for consumption on or 
after the date of publication of the final results of this review. For 
all non-reviewed firms, CBP will continue to collect cash deposits of 
estimated countervailable duties at the all-others rate or the most 
recent company-specific rate applicable to the company, as appropriate. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed in reaching the preliminary results within five days of 
publication of these preliminary results, in accordance with 19 CFR 
351.224(b).

Public Comment

    Case briefs or other written documents may be submitted to the 
Assistant Secretary for Enforcement and Compliance.\6\ A timeline for 
the submission of case and rebuttal briefs and written comments will be 
provided to interested parties at a later date.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309(c) and (d).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.301(c) and (d)(2), parties who wish to 
submit case or rebuttal briefs in this review are requested to submit 
for each argument: (1) a statement of the issue; (2) a brief summary of 
the argument; and (3) a table of authorities. All briefs must be filed 
electronically using ACCESS. Note that Commerce has modified certain of 
its requirements for serving documents containing business proprietary 
information, until further notice.\7\
---------------------------------------------------------------------------

    \7\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must do so within 30 days after the date of publication of this 
notice by submitting a written request to the Assistant Secretary for 
Enforcement and Compliance.\8\ Requests should contain: (1) the party's 
name, address, and telephone number; (2) the number of participants and 
whether a participant is a foreign national; and (3) a list of the 
issues to be discussed. If a hearing request is made, Commerce intends 
to hold the hearing at a time and date to be determined. Parties should 
confirm by telephone the date, time, and location of the hearing two 
days before the scheduled date.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended, Commerce intends to issue the 
final results of this administrative review, which will include the 
results of Commerce's analysis of the issues raised in the case briefs, 
within 120 days after the date of the preliminary results, pursuant to 
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Interested Parties

    These preliminary results are issued and published pursuant to 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Diversification of China's Economy
VI. Subsidies Valuation
VII. Interest Rate Benchmarks, Discount Rates, and Benchmarks for 
Measuring the Adequacy of Remuneration
VIII. Use of Facts Otherwise Available and Application of Adverse 
Inferences
IX. Analysis of Programs
X. Recommendation

[FR Doc. 2023-04756 Filed 3-7-23; 8:45 am]
BILLING CODE 3510-DS-P
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