Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021-2022, 62049-62051 [2023-19424]
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Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Notices
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membership shall include, to the extent
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Dated: September 1, 2023.
Cikena Reid,
USDA Committee Management Officer.
[FR Doc. 2023–19423 Filed 9–7–23; 8:45 am]
BILLING CODE 3412–88–P
DEPARTMENT OF COMMERCE
International Trade Administration
62049
Solar (Hefei) Science and Technology
Co., Ltd. (THFT) did not ship subject
merchandise during the POR.
DATES:
Applicable September 8, 2023.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill, 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) 482–4037.
SUPPLEMENTARY INFORMATION:
Background
On March 9, 2023, Commerce
published the Preliminary Results of
this review in the Federal Register and
invited interested parties to comment on
those results.1 For details regarding the
events that occurred subsequent to
publication of the Preliminary Results,
see the Issues and Decision
Memorandum.2 Commerce conducted
this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order 3
The products covered by the Order
are certain crystalline silicon
photovoltaic products (solar products)
from the People’s Republic of China
(China). Merchandise covered by the
Order is currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) under
subheadings 8501710000, 8501721000,
8501722000, 8501723000, 8501729000,
8501801000, 8501802000, 8501803000,
8501809000, 8507208031, 8507208041,
8507208061, 8507208091, 8541420010,
and 8541430010. These HTSUS
subheadings are provided for
convenience and customs purposes; the
written description of the scope of the
Order is dispositive.
[A–570–010]
Certain Crystalline Silicon Photovoltaic
Products From the People’s Republic
of China: Final Results of Antidumping
Duty Administrative Review and Final
Determination of No Shipments; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
the sole mandatory respondent under
review sold subject merchandise at less
than normal value during the period of
review (POR), February 1, 2021, through
January 31, 2022. Additionally,
Commerce determines that Hubei Trina
Solar Energy Co., Ltd. (THB) and Trina
AGENCY:
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1 See Certain Crystalline Silicon Photovoltaic
Products 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; 2021–
2022, 88 FR 14602 (March 9, 2023) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2021–
2022 Antidumping Duty Administrative Review of
Certain Crystalline Silicon Photovoltaic Products
from the People’s Republic of China,’’ (Issues and
Decision Memorandum), dated concurrently with,
and hereby adopted by, this notice.
3 See Certain Crystalline Silicon Photovoltaic
Products from the People’s Republic of China:
Antidumping Duty Order; and Amended Final
Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 80 FR 8592 (February
18, 2015) (Order). For a complete description of the
scope of the Order, see the Issues and Decision
Memorandum.
E:\FR\FM\08SEN1.SGM
08SEN1
62050
Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Notices
Analysis of Comments Received
Changes Since the Preliminary Results
We addressed all the issues raised in
the case and rebuttal briefs in the Issues
and Decision Memorandum. A list of
the issues that parties raised, and to
which we responded in the Issues and
Decision Memorandum, is provided in
an appendix to this notice. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Based on a review of the record and
comments received from interested
parties regarding the Preliminary
Results, we corrected a conversion error
pertaining the truck freight surrogate
value applied to solar cells 4 and valued
labor using data from the Republic of
Turkey, rather than Malaysia.5
Final Determination of No Shipments
In the Preliminary Results, Commerce
determined that THB and THFT did not
sell or export subject merchandise to,
nor was their subject merchandise
entered into, the United States during
the POR.6 Interested parties did not
comment on Commerce’s ‘‘no
shipments’’ determination. Because we
have no basis to reconsider this
determination, Commerce has
continued to determine that THB and
THFT did not sell or export subject
merchandise to, nor was their subject
merchandise entered into, the United
States during the POR.
Separate Rates
In the Preliminary Results, Commerce
determined that Trina,7 the sole
mandatory respondent under review,
demonstrated its eligibility for a
separate rate. Interested parties did not
comment on Commerce’s separate rate
determination. Because we have no
basis to reconsider this determination,
Commerce has continued to determine
that Trina is eligible for a separate rate.
Final Results of Review
We are assigning the following
weighted-average dumping margin to
the firms listed below for the period
February 1, 2021, through January 31,
2022:
Weightedaverage
dumping
margin
(percent)
Exporter
Trina Solar (Changzhou) Science & Technology Co., Ltd./Trina Solar Co., Ltd./Yancheng Trina Guoneng Photovoltaic Technology Co., Ltd. (a.k.a. Yancheng Trina Solar Guoneng Science & Technology Co., Ltd.)/Trina Solar Yiwu Technology Co.,
Ltd./Trina Solar (Su Qian) Technology Co., Ltd./Trina Solar (Yancheng Dafeng) Co., Ltd./Changzhou Trina Hezhong Photoelectric Co., Ltd. (a.k.a. Changzhou Trina Hezhong PV Co., Ltd.)/Changzhou Trina Solar Yabang Energy Co., Ltd./Turpan
Trina Solar Energy Co., Ltd .............................................................................................................................................................
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
will determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise covered
by the final results of this review.
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 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).
Commerce will calculate importerspecific assessment rates for
antidumping duties, in accordance with
19 CFR 351.212(b)(1). Trina reported
reliable entered values. Thus,
Commerce intends to calculate
importer-specific ad valorem
assessment rates by aggregating the
amount of dumping calculated for all
U.S. sales to the importer and dividing
this amount by the total entered value
of the merchandise sold to the
importer.8 Where an importer-specific
ad valorem assessment rate is not zero
or de minimis, Commerce will instruct
CBP to collect the appropriate duties at
the time of liquidation. However, where
an importer specific ad valorem
assessment rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.
For entries that were not reported in
the U.S. sales database submitted by
Trina, but that were entered under its
case number (i.e., at Trina’s cash deposit
rate), Commerce will instruct CBP to
liquidate such entries at the China-wide
entity rate (i.e., 152.84 percent).9
Additionally, for the companies that
Commerce determined did not ship
subject merchandise during the POR,
any suspended entries under the
4 See Issues and Decision Memorandum at
Comment 1.
5 Id. at Comment 5.
6 See Preliminary Results PDM at 5.
7 Trina refers to the single entity comprising the
following companies: Trina Solar (Changzhou)
Science & Technology Co., Ltd., Trina Solar Co.,
Ltd., Yancheng Trina Guoneng Photovoltaic
Technology Co., Ltd. (a.k.a. Yancheng Trina Solar
Guoneng Science & Technology Co., Ltd.), Trina
Solar Yiwu Technology Co., Ltd., Trina Solar (Su
Qian) Technology Co., Ltd., Trina Solar (Yancheng
Dafeng) Co., Ltd., Changzhou Trina Hezhong
Photoelectric Co., Ltd. (a.k.a. Changzhou Trina
Hezhong PV Co., Ltd.), Changzhou Trina Solar
Yabang Energy Co., Ltd., and Turpan Trina Solar
Energy Co., Ltd. Commerce determined that these
companies are affiliated within the meaning of
771(33)(F) of the Act, and should be treated as a
single entity, in accordance with 19 CFR 351.401(f).
See Preliminary Results PDM at 5–6; see also
Memorandum, ‘‘Antidumping Duty Administrative
Review of Certain Crystalline Silicon Photovoltaic
Products from the People’s Republic of China:
Preliminary Affiliation and Collapsing
Memorandum,’’ dated February 28, 2023.
Commerce received no comments regarding the
determination of affiliation among these companies.
Accordingly, Commerce continues to find these
companies are affiliated and continues to treat them
as a single entity.
8 See 19 CFR 351.212(b)(1).
9 See Order, 80 FR at 8595; see also instructions
issued to CBP following publication of the Order,
Message Number 5061301 (listing the China-wide
entity’s cash deposit rate as 152.84 percent), dated
03/02/2015, publicly available at https://
aceservices.cbp.dhs.gov/adcvdweb/#.
Disclosure
Commerce intends to disclose to
parties to the proceeding the
calculations performed for these final
results of review within five days of the
date of publication of this notice in the
Federal Register in accordance with 19
CFR 351.224(b).
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Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Notices
company’s case number will be
liquidated at the China-wide entity rate.
Cash Deposit Requirements
The following cash deposit
requirements will be in effect for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on, or after, the date of
publication of this notice in the Federal
Register, as provided for by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for Trina will be equal to
the weighted-average dumping margin
that is listed for Trina in the table above;
(2) for a previously investigated or
reviewed exporter of subject
merchandise that is not listed in the
table above that has a separate rate, the
cash deposit rate will continue to be the
exporter’s existing cash deposit rate; (3)
for all China exporters of subject
merchandise that do not have a separate
rate, the cash deposit rate will be equal
to the weighted-average dumping
margin assigned to the China-wide
entity, which is 152.84 percent; and (4)
for a non-China exporter of subject
merchandise that does not have a
separate rate, the cash deposit rate will
be equal to the weighted-average
dumping margin applicable to the China
exporter(s) that supplied that non-China
exporter.
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
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Notification to Importers Regarding the
Reimbursement of Duties
This notice also 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 and/or countervailing
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 and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties and/or antidumping
duties increased by the amount of the
countervailing duties.
Administrative Protective Order (APO)
This notice also serves as a reminder
to parties subject to APO of their
responsibility concerning the return or
destruction of proprietary information
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
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17:30 Sep 07, 2023
Jkt 259001
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
We are issuing these final results of
administrative review and publishing
this notice in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.213(h)(2) and 351.221(b)(5).
Dated: September 1, 2023.
Lisa W. Wang,
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
IV. Changes to the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Erred in
its Calculations
Comment 2: Whether to Adjust Trina’s U.S.
Prices for Domestic Subsidies
Comment 3: Whether to Include Additional
Subsidy Programs in the Export Subsidy
Offset Calculation
Comment 4: The Appropriate Surrogate
Value for Coated Glass
Comment 5: The Appropriate Surrogate
Value for Labor
VI. Recommendation
[FR Doc. 2023–19424 Filed 9–7–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Renewable Energy and Energy
Efficiency Advisory Committee
International Trade
Administration, Department of
Commerce.
ACTION: Notice of an open meeting.
AGENCY:
The Renewable Energy and
Energy Efficiency Advisory Committee
(REEEAC or the Committee) will hold
an in-person meeting, accessible to the
public in-person and online, on
Thursday, September 21, 2023 at the
U.S. Department of Commerce in
Washington, DC Registration
instructions for the public to attend
either in-person or online are provided
below. The meeting has a limited
number of spaces for members of the
public to attend in-person. Requests to
attend in-person will be considered on
a first-come first-served basis.
DATES: Thursday September 21, 2023,
from approximately 10:00 a.m. to 3:30
p.m. Eastern Daylight Time (EDT).
Members of the public wishing to
SUMMARY:
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62051
participate must register in advance
with Cora Dickson at the contact
information below by 5:00 p.m. EDT on
Monday, September 18, 2023, including
any requests to make comments during
the meeting or for accommodations or
auxiliary aids.
ADDRESSES: To register, please contact
Cora Dickson, Designated Federal
Officer (DFO), Office of Energy and
Environmental Industries (OEEI),
Industry and Analysis, International
Trade Administration, U.S. Department
of Commerce at (202) 482–6083; email:
Cora.Dickson@trade.gov. In their
registration, members of the public
wishing to attend in-person must
request in-person attendance by the firm
deadline above.
FOR FURTHER INFORMATION CONTACT: Cora
Dickson, DFO, Office of Energy and
Environmental Industries (OEEI),
Industry and Analysis, International
Trade Administration, U.S. Department
of Commerce at (202) 482–6083; email:
Cora.Dickson@trade.gov. Registered
participants joining virtually will be
emailed the login information for the
meeting, which will be accessible as a
livestream via WebEx Webinar.
Registered participants joining inperson will be emailed instructions on
accessing the designated meeting space.
SUPPLEMENTARY INFORMATION:
Background: The Secretary of
Commerce established the REEEAC
pursuant to discretionary authority and
in accordance with the Federal
Advisory Committee Act, as amended (5
U.S.C. App.), on July 14, 2010. The
REEEAC was re-chartered most recently
on May 27, 2022. The REEEAC provides
the Secretary of Commerce with advice
from the private sector on the
development and administration of
programs and policies to expand the
export competitiveness of U.S.
renewable energy and energy efficiency
products and services. More information
about the REEEAC, including the list of
appointed members for this charter, is
published online at https://trade.gov/
reeeac.
On September 21, 2023, the REEEAC
will hold the fourth meeting of its
current charter term. The Committee
will deliberate on approval of several
recommendations. The REEEAC will
also be briefed on the Department of
Energy’s programs designed to enhance
the competitiveness of the U.S.
renewable energy and energy efficiency
industries, and will be provided an
overview of the National Export
Strategy’s chapter on climate and clean
tech. The An agenda will be made
available by September 18, 2023 upon
request to Cora Dickson.
E:\FR\FM\08SEN1.SGM
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Agencies
[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Pages 62049-62051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19424]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-010]
Certain Crystalline Silicon Photovoltaic Products From the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments; 2021-
2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that the
sole mandatory respondent under review sold subject merchandise at less
than normal value during the period of review (POR), February 1, 2021,
through January 31, 2022. Additionally, Commerce determines that Hubei
Trina Solar Energy Co., Ltd. (THB) and Trina Solar (Hefei) Science and
Technology Co., Ltd. (THFT) did not ship subject merchandise during the
POR.
DATES: Applicable September 8, 2023.
FOR FURTHER INFORMATION CONTACT: Krisha Hill, 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) 482-4037.
SUPPLEMENTARY INFORMATION:
Background
On March 9, 2023, Commerce published the Preliminary Results of
this review in the Federal Register and invited interested parties to
comment on those results.\1\ For details regarding the events that
occurred subsequent to publication of the Preliminary Results, see the
Issues and Decision Memorandum.\2\ Commerce conducted this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Certain Crystalline Silicon Photovoltaic Products 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; 2021-2022, 88 FR 14602 (March 9, 2023) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2021-2022 Antidumping Duty Administrative
Review of Certain Crystalline Silicon Photovoltaic Products from the
People's Republic of China,'' (Issues and Decision Memorandum),
dated concurrently with, and hereby adopted by, this notice.
---------------------------------------------------------------------------
Scope of the Order \3\
---------------------------------------------------------------------------
\3\ See Certain Crystalline Silicon Photovoltaic Products from
the People's Republic of China: Antidumping Duty Order; and Amended
Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 80 FR 8592 (February 18, 2015) (Order).
For a complete description of the scope of the Order, see the Issues
and Decision Memorandum.
---------------------------------------------------------------------------
The products covered by the Order are certain crystalline silicon
photovoltaic products (solar products) from the People's Republic of
China (China). Merchandise covered by the Order is currently classified
in the Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 8501710000, 8501721000, 8501722000, 8501723000, 8501729000,
8501801000, 8501802000, 8501803000, 8501809000, 8507208031, 8507208041,
8507208061, 8507208091, 8541420010, and 8541430010. These HTSUS
subheadings are provided for convenience and customs purposes; the
written description of the scope of the Order is dispositive.
[[Page 62050]]
Analysis of Comments Received
We addressed all the issues raised in the case and rebuttal briefs
in the Issues and Decision Memorandum. A list of the issues that
parties raised, and to which we responded in the Issues and Decision
Memorandum, is provided in an appendix to this notice. The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, we corrected a
conversion error pertaining the truck freight surrogate value applied
to solar cells \4\ and valued labor using data from the Republic of
Turkey, rather than Malaysia.\5\
---------------------------------------------------------------------------
\4\ See Issues and Decision Memorandum at Comment 1.
\5\ Id. at Comment 5.
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that THB and THFT
did not sell or export subject merchandise to, nor was their subject
merchandise entered into, the United States during the POR.\6\
Interested parties did not comment on Commerce's ``no shipments''
determination. Because we have no basis to reconsider this
determination, Commerce has continued to determine that THB and THFT
did not sell or export subject merchandise to, nor was their subject
merchandise entered into, the United States during the POR.
---------------------------------------------------------------------------
\6\ See Preliminary Results PDM at 5.
---------------------------------------------------------------------------
Separate Rates
In the Preliminary Results, Commerce determined that Trina,\7\ the
sole mandatory respondent under review, demonstrated its eligibility
for a separate rate. Interested parties did not comment on Commerce's
separate rate determination. Because we have no basis to reconsider
this determination, Commerce has continued to determine that Trina is
eligible for a separate rate.
---------------------------------------------------------------------------
\7\ Trina refers to the single entity comprising the following
companies: Trina Solar (Changzhou) Science & Technology Co., Ltd.,
Trina Solar Co., Ltd., Yancheng Trina Guoneng Photovoltaic
Technology Co., Ltd. (a.k.a. Yancheng Trina Solar Guoneng Science &
Technology Co., Ltd.), Trina Solar Yiwu Technology Co., Ltd., Trina
Solar (Su Qian) Technology Co., Ltd., Trina Solar (Yancheng Dafeng)
Co., Ltd., Changzhou Trina Hezhong Photoelectric Co., Ltd. (a.k.a.
Changzhou Trina Hezhong PV Co., Ltd.), Changzhou Trina Solar Yabang
Energy Co., Ltd., and Turpan Trina Solar Energy Co., Ltd. Commerce
determined that these companies are affiliated within the meaning of
771(33)(F) of the Act, and should be treated as a single entity, in
accordance with 19 CFR 351.401(f). See Preliminary Results PDM at 5-
6; see also Memorandum, ``Antidumping Duty Administrative Review of
Certain Crystalline Silicon Photovoltaic Products from the People's
Republic of China: Preliminary Affiliation and Collapsing
Memorandum,'' dated February 28, 2023. Commerce received no comments
regarding the determination of affiliation among these companies.
Accordingly, Commerce continues to find these companies are
affiliated and continues to treat them as a single entity.
---------------------------------------------------------------------------
Final Results of Review
We are assigning the following weighted-average dumping margin to
the firms listed below for the period February 1, 2021, through January
31, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Trina Solar (Changzhou) Science & Technology Co., Ltd./ 10.50
Trina Solar Co., Ltd./Yancheng Trina Guoneng
Photovoltaic Technology Co., Ltd. (a.k.a. Yancheng
Trina Solar Guoneng Science & Technology Co., Ltd.)/
Trina Solar Yiwu Technology Co., Ltd./Trina Solar (Su
Qian) Technology Co., Ltd./Trina Solar (Yancheng
Dafeng) Co., Ltd./Changzhou Trina Hezhong Photoelectric
Co., Ltd. (a.k.a. Changzhou Trina Hezhong PV Co., Ltd.)/
Changzhou Trina Solar Yabang Energy Co., Ltd./Turpan
Trina Solar Energy Co., Ltd............................
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Disclosure
Commerce intends to disclose to parties to the proceeding the
calculations performed for these final results of review within five
days of the date of publication of this notice in the Federal Register
in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce will determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise covered by the final results of this review. 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 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).
Commerce will calculate importer-specific assessment rates for
antidumping duties, in accordance with 19 CFR 351.212(b)(1). Trina
reported reliable entered values. Thus, Commerce intends to calculate
importer-specific ad valorem assessment rates by aggregating the amount
of dumping calculated for all U.S. sales to the importer and dividing
this amount by the total entered value of the merchandise sold to the
importer.\8\ Where an importer-specific ad valorem assessment rate is
not zero or de minimis, Commerce will instruct CBP to collect the
appropriate duties at the time of liquidation. However, where an
importer specific ad valorem assessment rate is zero or de minimis,
Commerce will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.
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\8\ See 19 CFR 351.212(b)(1).
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For entries that were not reported in the U.S. sales database
submitted by Trina, but that were entered under its case number (i.e.,
at Trina's cash deposit rate), Commerce will instruct CBP to liquidate
such entries at the China-wide entity rate (i.e., 152.84 percent).\9\
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\9\ See Order, 80 FR at 8595; see also instructions issued to
CBP following publication of the Order, Message Number 5061301
(listing the China-wide entity's cash deposit rate as 152.84
percent), dated 03/02/2015, publicly available at https://aceservices.cbp.dhs.gov/adcvdweb/#.
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Additionally, for the companies that Commerce determined did not
ship subject merchandise during the POR, any suspended entries under
the
[[Page 62051]]
company's case number will be liquidated at the China-wide entity rate.
Cash Deposit Requirements
The following cash deposit requirements will be in effect for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on, or after, the date of publication of this notice in
the Federal Register, as provided for by section 751(a)(2)(C) of the
Act: (1) the cash deposit rate for Trina will be equal to the weighted-
average dumping margin that is listed for Trina in the table above; (2)
for a previously investigated or reviewed exporter of subject
merchandise that is not listed in the table above that has a separate
rate, the cash deposit rate will continue to be the exporter's existing
cash deposit rate; (3) for all China exporters of subject merchandise
that do not have a separate rate, the cash deposit rate will be equal
to the weighted-average dumping margin assigned to the China-wide
entity, which is 152.84 percent; and (4) for a non-China exporter of
subject merchandise that does not have a separate rate, the cash
deposit rate will be equal to the weighted-average dumping margin
applicable to the China exporter(s) that supplied that non-China
exporter.
These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice also 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 and/or countervailing 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 and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties and/or
antidumping duties increased by the amount of the countervailing
duties.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the return or destruction of
proprietary information 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
We are issuing these final results of administrative review and
publishing this notice in accordance with sections 751(a)(1) and 777(i)
of the Act and 19 CFR 351.213(h)(2) and 351.221(b)(5).
Dated: September 1, 2023.
Lisa W. Wang,
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
IV. Changes to the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Erred in its Calculations
Comment 2: Whether to Adjust Trina's U.S. Prices for Domestic
Subsidies
Comment 3: Whether to Include Additional Subsidy Programs in the
Export Subsidy Offset Calculation
Comment 4: The Appropriate Surrogate Value for Coated Glass
Comment 5: The Appropriate Surrogate Value for Labor
VI. Recommendation
[FR Doc. 2023-19424 Filed 9-7-23; 8:45 am]
BILLING CODE 3510-DS-P