Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2021, 62770-62771 [2023-19739]
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Notices
Federal Register
Vol. 88, No. 176
Wednesday, September 13, 2023
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SUMMARY:
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[FR Doc. 2023–19694 Filed 9–12–23; 8:45 am]
BILLING CODE 6116–01–P
DEPARTMENT OF COMMERCE
International Trade Administration
ddrumheller on DSK120RN23PROD with NOTICES1
[C–570–011]
Certain Crystalline Silicon Photovoltaic
Products From the People’s Republic
of China: Final Results of
Countervailing Duty Administrative
Review; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
VerDate Sep<11>2014
17:37 Sep 12, 2023
Jkt 259001
The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies were provided
to certain producers/exporters of certain
crystalline silicon photovoltaic products
from the People’s Republic of China
(China) during the period of review
January 1, 2021, through December 31,
2021.
DATES: Applicable September 13, 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) 482–3586.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On March 8, 2023, Commerce
published the Preliminary Results of
this administrative review in the
Federal Register.1 For a description of
the events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.2
Scope of the Order 3
The merchandise covered by the
Order are 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
1 See Certain Crystalline Silicon Photovoltaic
Products from the People’s Republic of China:
Preliminary Results of Countervailing Duty
Administrative Review; 2021, 88 FR 14331 (March
8, 2023) (Preliminary Results) and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Countervailing Duty
Order on Certain Crystalline Silicon Photovoltaic
Products from the People’s Republic of China;
2021,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
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). On July 3, 2023, the scope of the
Order was amended. See Crystalline Silicon
Photovoltaic Products from the People’s Republic of
China: Final Results of Changed Circumstances
Reviews, and Intent to Revoke the Antidumping and
Countervailing Duty Orders, in Part, 88 FR 42686.
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
customs territory other than China. A
full description of the scope of the
Order is contained in the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties
in their case and rebuttal briefs are
addressed in the Issues and Decision
Memorandum. A list of topics discussed
in the Issues and Decision
Memorandum is provided as 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 our analysis of comments
submitted by interested parties and the
evidence on the record, Commerce
revised the calculation for the net
countervailable subsidy rates for the
sole company respondent in this review,
Trina Solar (Changzhou) Science &
Technology Co., Ltd. (Trina Solar). For
a discussion of the issues, see the Issues
and Decision Memorandum.
Methodology
Commerce conducted this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each of the subsidy programs found to
be countervailable, we find that there is
a subsidy, i.e., a government-provided
financial contribution that gives rise to
a benefit to the recipient, and that the
subsidy is specific.4 For a complete
description of the methodology
underlying all of Commerce’s
conclusions, including our reliance, in
part, on facts otherwise available,
including adverse facts available,
pursuant to sections 776(a) and (b) of
the Act, see the Issues and 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\13SEN1.SGM
13SEN1
Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Notices
Final Results of Administrative Review
In accordance with 19 CFR
351.221(b)(5), Commerce calculated a
countervailable subsidy rate for Trina
Solar as identified below. Because there
are no other producers or exporters
subject to this review, Commerce does
not need to establish a rate for such
companies in this review. Commerce
determines the net countervailable
subsidy rate for the period January 1,
2021, through December 31, 2021, is as
follows:
Producer/exporter
Trina Solar (Changzhou)
Science & Technology
Co., Ltd 5 ...........................
Subsidy rate
(percent
ad valorem)
13.21
Disclosure
Commerce intends to disclose
calculations and analysis performed for
the final results of this administrative
review within five days after the
publication of this notice in the Federal
Register in accordance with 19 CFR
351.224(b).
Cash Deposit Requirements
In accordance with section 751(a)(1)
of the Act, Commerce intends to instruct
U.S. Customs and Border Protection
(CBP) to collect cash deposits of
estimated countervailing duties in the
amount referenced above for Trina Solar
with regard to shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of these
final results in the Federal Register.
These cash deposit requirements,
effective upon publication of these final
results, shall remain in effect until
further notice.
ddrumheller on DSK120RN23PROD with NOTICES1
Assessment Requirements
In accordance with section
751(a)(2)(C) of the Act and 19 CFR
5 Commerce found Trina Solar (Changzhou)
Science & Technology Co., Ltd. to be cross-owned,
within the meaning of 19 CFR 351.525(b)(6)(vi),
among and across the following 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. See Preliminary Results
PDM at 5–7.
VerDate Sep<11>2014
19:11 Sep 12, 2023
Jkt 259001
62771
351.212(b)(2), Commerce has
determined, and CBP shall assess,
countervailing duties on all appropriate
entries covered by this review, for Trina
Solar at the applicable ad valorem
assessment rate listed. Commerce
intends to issue assessment instructions
to CBP no earlier than 35 days after the
publication of the final results of this
administrative 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).
Comment 7: Whether Certain Trina Solar
Affiliates Were Uncreditworthy
Comment 8: Whether Commerce Should
Revise the Denominator for ExportOriented Subsidies
Comment 9: Whether Commerce Should
Revise the Benchmark for International
Ocean Shipping Services for LTAR
IX. Recommendation
Administrative Protective Order
This notice also serves as a final
reminder to 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 protection order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Certain Non-Refillable Steel Cylinders
From India: Postponement of
Preliminary Determination in the LessThan-Fair-Value Investigation
Notification to Interested Parties
These final results are 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: September 5, 2023.
Lisa W. Wang,
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. Use of Facts Available and Application of
Adverse Inferences
V. Changes Since the Preliminary Results
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether the Provision of
Certain Inputs for Less-Than-AdequateRemuneration (LTAR) Programs is
Countervailable
Comment 2: Whether Commerce Should
Find the Provision of Electricity for
LTAR Program is Countervailable
Comment 3: Whether Commerce Should
Apply Adverse Facts Available to ‘‘Other
Subsidies’’ Reported by Trina Solar
Comment 4: The Benchmark for Aluminum
Extrusions for LTAR
Comment 5: The Benchmark for Ocean
Freight
Comment 6: The Benchmark for Domestic
Inland Freight
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Fmt 4703
Sfmt 4703
[FR Doc. 2023–19739 Filed 9–12–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–912]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable September 13, 2023.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros or Samuel Evans, AD/
CVD Operations, Office IX, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–7425 or (202) 482–2420,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 17, 2023, the U.S.
Department of Commerce (Commerce)
initiated a less-than-fair-value (LTFV)
investigation of imports of certain nonrefillable steel cylinders from India.1
Currently, the preliminary
determination is due no later than
October 4, 2023.
Postponement of Preliminary
Determination
Section 733(b)(1)(A) of the Tariff Act
of 1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in an LTFV investigation
within 140 days after the date on which
Commerce initiated the investigation.
However, section 733(c)(1) of the Act
permits Commerce to postpone the
preliminary determination until no later
than 190 days after the date on which
Commerce initiated the investigation if:
(A) the petitioner makes a timely
request for a postponement; or (B)
Commerce concludes that the parties
concerned are cooperating, that the
1 See Certain Non-Refillable Steel Cylinders from
India: Initiation of Less-Than Fair-Value
Investigation, 88 FR 33571 (May 24, 2023)
(Initiation Notice).
E:\FR\FM\13SEN1.SGM
13SEN1
]]>Agencies
[Federal Register Volume 88, Number 176 (Wednesday, September 13, 2023)]
[Notices]
[Pages 62770-62771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19739]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-011]
Certain Crystalline Silicon Photovoltaic Products From the
People's Republic of China: Final 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) determines that
countervailable subsidies were provided to certain producers/exporters
of certain crystalline silicon photovoltaic products from the People's
Republic of China (China) during the period of review January 1, 2021,
through December 31, 2021.
DATES: Applicable September 13, 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) 482-3586.
SUPPLEMENTARY INFORMATION:
Background
On March 8, 2023, Commerce published the Preliminary Results of
this administrative review in the Federal Register.\1\ For a
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Certain Crystalline Silicon Photovoltaic Products from
the People's Republic of China: Preliminary Results of
Countervailing Duty Administrative Review; 2021, 88 FR 14331 (March
8, 2023) (Preliminary Results) and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Countervailing
Duty Order on Certain Crystalline Silicon Photovoltaic Products from
the People's Republic of China; 2021,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
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).
On July 3, 2023, the scope of the Order was amended. See Crystalline
Silicon Photovoltaic Products from the People's Republic of China:
Final Results of Changed Circumstances Reviews, and Intent to Revoke
the Antidumping and Countervailing Duty Orders, in Part, 88 FR
42686.
---------------------------------------------------------------------------
The merchandise covered by the Order are 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. A full description of the scope
of the Order is contained in the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties in their case and rebuttal
briefs are addressed in the Issues and Decision Memorandum. A list of
topics discussed in the Issues and Decision Memorandum is provided as
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 our analysis of comments submitted by interested parties
and the evidence on the record, Commerce revised the calculation for
the net countervailable subsidy rates for the sole company respondent
in this review, Trina Solar (Changzhou) Science & Technology Co., Ltd.
(Trina Solar). For a discussion of the issues, see the Issues and
Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found to be countervailable, we find
that there is a subsidy, i.e., a government-provided financial
contribution that gives rise to a benefit to the recipient, and that
the subsidy is specific.\4\ For a complete description of the
methodology underlying all of Commerce's conclusions, including our
reliance, in part, on facts otherwise available, including adverse
facts available, pursuant to sections 776(a) and (b) of the Act, see
the Issues and 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.
---------------------------------------------------------------------------
[[Page 62771]]
Final Results of Administrative Review
In accordance with 19 CFR 351.221(b)(5), Commerce calculated a
countervailable subsidy rate for Trina Solar as identified below.
Because there are no other producers or exporters subject to this
review, Commerce does not need to establish a rate for such companies
in this review. Commerce determines the net countervailable subsidy
rate for the period January 1, 2021, through December 31, 2021, is as
follows:
---------------------------------------------------------------------------
\5\ Commerce found Trina Solar (Changzhou) Science & Technology
Co., Ltd. to be cross-owned, within the meaning of 19 CFR
351.525(b)(6)(vi), among and across the following 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. See
Preliminary Results PDM at 5-7.
------------------------------------------------------------------------
Subsidy rate
Producer/exporter (percent ad
valorem)
------------------------------------------------------------------------
Trina Solar (Changzhou) Science & Technology Co., Ltd 13.21
\5\...................................................
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose calculations and analysis performed
for the final results of this administrative review within five days
after the publication of this notice in the Federal Register in
accordance with 19 CFR 351.224(b).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct U.S. Customs and Border Protection (CBP) to collect cash
deposits of estimated countervailing duties in the amount referenced
above for Trina Solar with regard to shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of these final results in the Federal Register.
These cash deposit requirements, effective upon publication of these
final results, shall remain in effect until further notice.
Assessment Requirements
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and CBP shall assess,
countervailing duties on all appropriate entries covered by this
review, for Trina Solar at the applicable ad valorem assessment rate
listed. Commerce intends to issue assessment instructions to CBP no
earlier than 35 days after the publication of the final results of this
administrative 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).
Administrative Protective Order
This notice also serves as a final reminder to 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 protection order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
These final results are 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: September 5, 2023.
Lisa W. Wang,
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. Use of Facts Available and Application of Adverse Inferences
V. Changes Since the Preliminary Results
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether the Provision of Certain Inputs for Less-
Than-Adequate-Remuneration (LTAR) Programs is Countervailable
Comment 2: Whether Commerce Should Find the Provision of
Electricity for LTAR Program is Countervailable
Comment 3: Whether Commerce Should Apply Adverse Facts Available
to ``Other Subsidies'' Reported by Trina Solar
Comment 4: The Benchmark for Aluminum Extrusions for LTAR
Comment 5: The Benchmark for Ocean Freight
Comment 6: The Benchmark for Domestic Inland Freight
Comment 7: Whether Certain Trina Solar Affiliates Were
Uncreditworthy
Comment 8: Whether Commerce Should Revise the Denominator for
Export-Oriented Subsidies
Comment 9: Whether Commerce Should Revise the Benchmark for
International Ocean Shipping Services for LTAR
IX. Recommendation
[FR Doc. 2023-19739 Filed 9-12-23; 8:45 am]
BILLING CODE 3510-DS-P
