Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Antidumping Administrative Review, and Preliminary Determination of No Shipments; 2021-2022, 457-461 [2023-28999]
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Federal Register / Vol. 89, No. 3 / Thursday, January 4, 2024 / Notices
assigned Saffron the highest dumping
margin alleged in the petition, as AFA
(i.e., 763.28 percent).7 Moreover, in the
absence of a calculated estimated
weighted-average dumping margin on
the record of the proceeding,8
Commerce recalculated the all-others
rate by averaging the dumping margins
alleged in the Petition,9 and assigned
the recalculated rate of 572.56 percent
to all other producers and exporters of
subject merchandise, consistent with
section 735(c)(5)(B) of the Act 10 and
Commerce’s practice.11 The CIT
sustained Commerce’s Final Remand.12
Timken Notice
In its decision in Timken,13 as
clarified by Diamond Sawblades,14 the
U.S. Court of Appeals for the Federal
Circuit held that, pursuant to sections
516A(c) and (e) of the Act, Commerce
must publish notice of a court decision
that is not ‘‘in harmony’’ with a
determination of Commerce and must
suspend liquidation of entries pending
a ‘‘conclusive’’ court decision. The CIT’s
December 22, 2023, judgment
constitutes a final decision of the CIT
that is not in harmony with Commerce’s
Final Determination and Order. Thus,
this notice is published in fulfillment of
the publication requirements of Timken.
Amended Final Determination
Because there is now a final court
judgment, Commerce is amending its
Final Determination with respect to
Saffron and all other producers and
exporters of subject merchandise as
follows:
Exporter/producer
Estimated
weightedaverage
dumping
margin
(percent)
Saffron Living Co., Ltd ................
All Others ....................................
763.28
572.56
Amended AD Order, in Part
As a result of this amended final
determination, Commerce is hereby
amending the Order to revise the
dumping margins assigned to Saffron
and all-other producers and exporters of
subject merchandise, as noted above.
Cash Deposit Requirements
Because Saffron does not have a
superseding cash deposit rate, i.e., there
have been no final results published in
a subsequent administrative review of
Saffron,15 and because of the change to
the rate assigned to all other producers
and exporters of subject merchandise,
Commerce will issue revised cash
deposit instructions to U.S. Customs
and Border Protection.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c) and
(e) and 777(i)(1) of the Act.
Dated: December 29, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2024–00038 Filed 1–3–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
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[A–570–979]
United States, Court No. 21–00285, Slip Op. 23–107
(CIT July 20, 2023), dated September 18, 2023
(Final Remand), at 11.
7 Id. at 8–9.
8 Id. at 12.
9 See Brooklyn Bedding LLC’s Letter, ‘‘Mattresses
from Cambodia, China, Indonesia, Malaysia, Serbia,
Thailand, Turkey, and Vietnam: Antidumping and
Countervailing Duty Petitions,’’ dated March 31,
2020 (Petition).
10 See Final Remand at 12.
11 See, e.g., Notice of Final Determination of Sales
at Less Than Fair Value: Sodium Nitrite from the
Federal Republic of Germany, 73 FR 38986, 38987
(July 8, 2008), and accompanying IDM at Comment
2.
12 See Brooklyn Bedding, LLC. v. United States,
Court No. 21–00285, Slip Op. 23–189 (CIT
December 22, 2023).
13 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
14 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades).
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Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Preliminary Results of
Antidumping Duty Administrative
Review, Partial Rescission of
Antidumping Administrative Review,
and Preliminary Determination of No
Shipments; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that Shenzhen Sungold
Solar Co., Ltd. (Sungold), and the
AGENCY:
15 Commerce rescinded the first AD
administrative review of Saffron. See Mattresses
from Thailand: Final Results and Rescission of the
Antidumping Duty Administrative Review; 2020–
2022, 88 FR 85224 (December 7, 2023).
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457
companies which Commerce
preliminarily granted separate rates, did
not sell subject merchandise at prices
below normal value (NV) during the
period December 1, 2021, through
November 30, 2022, the period of
review (POR). Commerce also
preliminarily determines that certain
companies do not qualify for a separate
rate, and that it is appropriate to rescind
this review with respect to 10
companies because all requests to
review these companies were timely
withdrawn. In addition, Commerce
intends to rescind this review with
respect to certain companies that did
not ship subject merchandise during the
POR. Interested parties are invited to
comment on these preliminary results of
the review.
DATES:
Applicable January 4, 2024.
FOR FURTHER INFORMATION CONTACT:
Dakota Potts or Paola Aleman Ordaz,
AD/CVD Operations, Office IV,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0223, or
(202) 482–4031, respectively.
SUPPLEMENTARY INFORMATION:
Background
In response to review requests from
multiple parties, on February 2, 2023,
Commerce initiated an administrative
review of the antidumping duty order
on crystalline silicon photovoltaic cells,
whether or not assembled into modules
(solar cells), from the People’s Republic
of China (China) with respect to 68
companies/company groupings for the
period December 1, 2021, through
November 30, 2022.1
On April 20, 2023, Commerce
selected two exporters to individually
examine as mandatory respondents,
Yingli 2 and Shenzhen Glory Industries
Co., Ltd. (Shenzhen Glory).3 Shenzhen
Glory timely withdrew its request for
review, and no other party requested a
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
7060, 7062–63 (February 2, 2023).
2 Yingli refers to the following companies which
Commerce has treated as a single entity: (1)
Shenzhen Yingli New Energy Resources Co., Ltd.;
(2) Baoding Jiasheng Photovoltaic Technology Co.
Ltd.; (3) Baoding Tianwei Yingli New Energy
Resources Co., Ltd.; (4) Beijing Tianneng Yingli
New Energy Resources Co., Ltd.; (5) Hainan Yingli
New Energy Resources Co., Ltd.; (6) Hengshui
Yingli New Energy Resources Co., Ltd.; (7) Lixian
Yingli New Energy Resources Co., Ltd.; (8) Tianjin
Yingli New Energy Resources Co., Ltd.; and (9)
Yingli Energy (China) Company Limited.
3 See Memorandum, ‘‘Respondent Selection,’’
dated April 20, 2023.
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review of Shenzhen Glory.4 Therefore,
Commerce selected Sungold as an
additional mandatory respondent on
May 1, 2023.5 On September 8, 2023,
Commerce also selected Anji DaSol
Solar Energy Science & Technology Co.,
Ltd. (Anji DaSol) as a mandatory
respondent.6 However, Anji DaSol
declined to participate in this review.
On August 30, 2023, Commerce
extended the time limit for issuing the
preliminary result of this review until
December 29, 2023.7
For details regarding the events that
occurred subsequent to the initiation of
the review, see the Preliminary Decision
Memorandum.8
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Scope of the Order 9
The merchandise covered by the
Order is crystalline silicon photovoltaic
cells, and modules, laminates, and
panels, consisting of crystalline silicon
photovoltaic cells, whether or not
partially or fully assembled into other
products, including, but not limited to,
modules, laminates, panels and building
integrated materials.10 Merchandise
covered by this Order is currently
classified under 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, and 8541.43.0010 of the
Harmonized Tariff Schedule of the
United States (HTSUS).11 Although the
HTSUS subheadings are provided for
convenience and customs purposes, our
4 See Shenzhen Glory’s Letter, ‘‘Withdrawal of
Request for Administrative Review,’’ dated April
21, 2023.
5 See Memorandum, ‘‘Respondent Selection,’’
dated May 1, 2023.
6 See Memorandum, ‘‘Respondent Selection,’’
dated September 8, 2023.
7 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated August 30, 2023.
8 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2021–2022
Administrative Review of the Antidumping Duty
Order on Crystalline Silicon Photovoltaic Cells,
Whether or not Assembled into Modules, from the
People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
9 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 77 FR 73018
(December 7, 2012) (Order).
10 For a complete description of the scope of the
order, see Issues Decision Memorandum.
11 During the POR, solar cells and modules were
primarily classified under HTSUS subheadings
8541.40.6015 and 8541.40.6025. These two
categories were updated to USHTS subheadings
8541.42.0010 and 8541.43.0010 in 2022.
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written description of the scope of the
Order is dispositive.
Preliminary Determination of No
Shipments
Partial Rescission of Administrative
Review
Trina Solar (Changzhou) Science and
Technology Co., Ltd. (Trina Solar
Changzhou) and Jinko Solar,14 claimed
that they did not ship subject
merchandise during the POR. However,
entry data obtained from CBP appear to
contradict those claims.15 Additionally,
the American Alliance for Solar
Manufacturing (the petitioner) placed
Datamyne data on the record which it
claims shows that Jinko Solar may have
shipped subject merchandise during the
POR.
After analyzing the information on the
record, we preliminarily determine that
there is no evidence that Trina Solar
Changzhou or Jinko Solar failed to
properly report entries of their subject
merchandise.16 If our determination
remains unchanged in the final results
of this review, we will instruct CBP to
liquidate entries of subject merchandise
during the POR that were recorded
under the company-specific case
numbers for Trina Solar Changzhou or
Jinko Solar at the China-wide rate.
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if all parties that requested the
review withdraw their requests within
90 days of the date of publication of the
notice of initiation of the requested
review. All parties timely withdrew
their requests for an administrative
review, and thus, Commerce is
rescinding its review of the following
companies: (1) Jinko Solar Technology
Sdn. Bhd.; (2) Jinko Solar (Malaysia)
Sdn. Bhd.; (3) Jinkosolar Middle East
DMCC; (4) Shenzhen Glory; (5) Boviet
Solar Technology Co., Ltd.; (6) CSI Solar
Power Group Co., Ltd.; (7) New East
Solar Energy Cambodia Co., Ltd.; (8)
Vina Cell Technology Company
Limited; (9) Vina Solar Technology
Company Limited; and (10) Canadian
Solar Manufacturing, Inc.
Intent To Rescind Administrative
Review in Part
Based on record evidence obtained
from U.S. Customs and Border
Protection (CBP), we preliminarily
determine that there are no suspended
entries during the POR for the
companies listed in Appendix II, all of
which have existing separate rates.12 In
the absence of any suspended entries of
subject merchandise from these
companies during the POR, Commerce
intends to rescind its review of these
companies in the final results of this
review.
Commerce also intends to rescind this
review with respect to Red Sun Energy
Long An Company Limited. See the
Preliminary Decision Memorandum for
details.
Application of Facts Available With
Adverse Inferences
Sungold’s solar cell suppliers failed to
provide factors of production (FOP) data
for use in calculating the weightedaverage dumping margin of Sungold.
Because the solar cells suppliers are
interested parties, and they declined to
provide requested information, that
information is not on the record.
Consequently, we have preliminarily
applied partial facts available with
adverse inferences in place of the
missing FOP data, pursuant to sections
776(a)(1), (2)(A)–(C), and 776(b) of the
Tariff Act of 1930, as amended (the Act).
For details regarding this preliminary
determination, see the Preliminary
Decision Memorandum.
Companies Not Reviewed
Separate Rates
Based on record evidence obtained
from CBP, we preliminarily determine
that there are no suspended entries
during the POR for the companies listed
in Appendix III, all of which currently
do not have a separate rate.13 In the
absence of any suspended entries of
subject merchandise from these
companies during the POR, and based
on the fact that these companies do not
have a separate rate and are part of the
China-wide entity, which is not under
review as no parties requested a review
of the entity, we are not conducting a
review of these companies.
We have preliminarily determined
that the companies listed in the table in
the ‘‘Preliminary Results of Review’’
section of this notice below
demonstrated that they qualified for a
separate rate but the companies listed in
Appendix IV have not done so.
Consequently, we have preliminarily
12 See
Preliminary Decision Memorandum.
13 Id.
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14 Jinko Solar refers to the following companies
which Commerce has previously treated as a single
entity: Jinko Solar Import and Export Co., Ltd.;
Jinko Solar Co., Ltd.; Jinko Solar Technology
(Haining) Co., Ltd.; Yuhuan Jinko Solar Co., Ltd.;
Zhejiang Jinko Solar Co., Ltd.; Jiangsu Jinko
Tiansheng Solar Co., Ltd. ; JinkoSolar (Chuzhou)
Co., Ltd.; JinkoSolar (Yiwu) Co., Ltd.; and
JinkoSolar (Shangrao) Co., Ltd.
15 See Preliminary Decision Memorandum.
16 Id.
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treated the companies listed in
Appendix IV as part of the China-wide
entity. Because no party requested a
review of the China-wide entity, the
entity’s dumping margin is 238.95
percent 17 and not subject to change.18
For additional information regarding
Commerce’s preliminary separate rate
determinations, see the Preliminary
Decision Memorandum.
Dumping Margins for Separate Rate
Companies
The statute and Commerce’s
regulations do not address what
dumping margin to apply to
respondents that are not selected for
individual 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 an
investigation, for guidance when
calculating the dumping margin for
respondents that are not individually
examined in an administrative review.
Under section 735(c)(5)(A) of the Act,
the all-others rate is normally ‘‘equal to
the weighted average of the estimated
weighted average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis dumping margins,
and any dumping margins determined
entirely {on the basis of facts
available}.’’ When the weighted-average
dumping margins established for all
individually examined respondents are
zero, de minimis, or based entirely on
facts available, section 735(c)(5)(B) of
the Act permits Commerce to ‘‘use any
reasonable method to establish the
estimated all-others rate for exporters
and producers not individually
investigated, including averaging the
estimated weighted average dumping
margins determined for the exporters
and producers individually
investigated.’’ Consistent with
Commerce’s practice,19 we
preliminarily determine that a
reasonable method would be to assign a
dumping margin to the non-individually
examined separate rate companies equal
to the zero percent preliminary
dumping margin calculated for Sungold.
For additional information,see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(B) of the Act. In
determining Sungold’s dumping margin,
we calculated export prices in
accordance with section 772 of the Act.
Because Commerce previously
determined that China is a non-market
economy country,20 within the meaning
of section 771(18) of the Act, we
calculated normal value in accordance
with section 773(c) of the Act.
For a full description of the
methodology underlying the
preliminary results of this review, see
the Preliminary Decision Memorandum.
A list of topics discussed in the
Preliminary Decision Memorandum is
included as Appendix I to this notice.
The Preliminary Decision Memorandum
is a public document and is made
available to the public 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 Preliminary
Decision Memorandum is available at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Preliminary Results of Review
We are assigning the following
dumping margins to the firms listed
below for the period December 1, 2021,
through November 30, 2022:
Weighted-average
dumping margin
(percent)
Exporter
Shenzhen Sungold Solar Co., Ltd ...............................................................................................................................................
0.00
Review-Specific Average Rate Applicable to the Following Companies
BYD (Shangluo) Industrial Co., Ltd .............................................................................................................................................
Hongkong Hello Tech Energy Co., Ltd .......................................................................................................................................
Trina Solar Co., Ltd .....................................................................................................................................................................
Trina Solar Science & Technology (Thailand) Ltd ......................................................................................................................
Zhejiang Aiko Solar Energy Technology Co., Ltd .......................................................................................................................
Disclosure
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Commerce intends to disclose to
parties to the proceeding the
calculations performed for these
preliminary results of review to
interested parties within five days after
public announcement of the preliminary
results or, if there is no public
17 The China-wide entity rate was last changed in
the first administrative review of this proceeding
and has been the applicable rate for the entity in
each subsequent review, including the most
recently completed review. See Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China: Final
Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments;
2012–2013, 80 FR 40998, 41002 (July 14, 2015)
(Solar Cells from China AR1 Final); see also
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled Into Modules, from the People’s
Republic of China: Final Results of Antidumping
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announcement, within five days of the
date of publication of this notice in the
Federal Register in accordance with 19
CFR 351.224(b).
Public Comment
0.00
0.00
0.00
0.00
0.00
days after the date of publication of
these preliminary results of review in
the Federal Register.21 Interested
parties may file rebuttal briefs, that are
limited to the issues raised in case
briefs, not later than five days after the
Interested parties may submit case
briefs to Commerce no later than 30
Duty Administrative Review and Final
Determination of No Shipments; 2019–2020, 87 FR
38379, 38381 (June 28, 2022).
18 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
19 See Wooden Cabinet and Vanities and
Components Thereof From the People’s Republic of
China: Final Results and Partial Rescission of the
Antidumping Duty Administrative Review; 2019–
2021, 87 FR 67674 (November 9, 2022), and
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accompanying Issues and Decision Memorandum at
Comment 5.
20 See Antidumping Duty Investigation of Certain
Aluminum Foil from the People’s Republic of
China: Affirmative Preliminary Determination of
Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861
(November 2, 2017) (citing Memorandum, ‘‘China’s
Status as a Non-Market Economy,’’ dated October
26, 2017), unchanged in Certain Aluminum Foil
from the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value, 83
FR 9282 (March 5, 2018).
21 See 19 CFR 351.309(c)(ii).
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date for filing case briefs.22 Interested
parties who submit case or rebuttal
briefs must submit: (1) a table of
contents listing each issue discussed in
the brief; and (2) a table of authorities.23
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.24 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the executive
summaries as the basis of the comment
summaries included in the issues and
decision memorandum that will
accompany the final results in this
administrative review. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).25
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 submit a
written request for a hearing to the
Assistant Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, filed electronically via
ACCESS, within 30 days after the date
of publication of this notice in the
Federal Register. Requests for a hearing
should contain: (1) the requesting
party’s name, address, and telephone
number; (2) the number of individuals
associated with the requesting party that
will attend the hearing and whether any
of those individuals is a foreign
national; and (3) a list of the issues the
party intends to discuss at the hearing.
If a request for a hearing 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 hearing
date.
22 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Final Service Rule).
23 See 19 351.309(c)(2) and (d)(2).
24 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
25 See APO and Final Service Rule.
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Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results of review in the
Federal Register, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of
this review, Commerce will determine,
and CBP shall assess, antidumping
duties on all appropriate entries covered
by this review.26 Commerce intends to
issue assessment instructions to CBP no
earlier than 35 days after the date of
publication of the notice 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).
Where a respondent’s weighted
average dumping margin is zero percent
or de minimis, or an importer/customerspecific ad valorem assessment rate is
zero percent or de minimis, Commerce’s
practice is to instruct CBP to liquidate
the appropriate entries without regard to
dumping duties.27 Thus, if Commerce
continues to calculate a weightedaverage dumping margin of zero percent
for Sungold in the final results of this
review, it will instruct CBP to liquidate
entries of Sungold’s subject
merchandise during the POR without
regard to antidumping duties.
However, if Sungold’s final weightedaverage dumping margin is not zero
percent or de minimis (i.e., less than 0.5
percent), Commerce intends to calculate
importer/customer-specific assessment
rates 28 by dividing the total amount of
dumping for reviewed sales to the
importer/customer by the total quantity
of those sales. Commerce will calculate
an estimated ad valorem importer/
26 See Antidumping Proceedings: Calculation of
the Weighted Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification).
27 See Drawn Stainless Steel Sinks from the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2014–
2015, 81 FR 29528 (May 12, 2016), and
accompanying Issues and Decision Memorandum at
10–11, unchanged in Drawn Stainless Steel Sinks
from the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; Final
Determination of No Shipments; 2014–2015, 81 FR
54042 (August 15, 2016).
28 See 19 CFR 351.212(b)(1).
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customer-specific assessment rate to
determine whether the per-unit
assessment rate is de minimis; however,
it will instruct CBP to apply the per-unit
assessment rate.29
Commerce will base the assessment
rate of the respondents that were not
selected for individual examination that
qualify for a separate rate on the
weighted-average dumping margin that
it calculates for Sungold in the final
results of this review.30
Pursuant to a refinement of its
practice, Commerce will instruct CBP to
liquidate entries of Sungold’s subject
merchandise for which sales were not
reported in the U.S. sales database at the
dumping margin assigned to the Chinawide entity.31
Additionally, we intend to instruct
CBP to liquidate entries of subject
merchandise during the POR that were
recorded under the company-specific
case numbers for Trina Solar Changzhou
or Jinko Solar at the China-wide 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 the notice of the final
results of this administrative review in
the Federal Register, as provided for by
section 751(a)(2)(C) of the Act: (1) for
the exporters listed in the table in the
‘‘Preliminary Results of Review’’ section
of this notice above, the cash deposit
rate will be equal to the weightedaverage dumping margin established in
the final results of this review for the
exporter (except, if the dumping margin
is de minimis (i.e., less than 0.5
percent), then the cash deposit rate will
be zero for that exporter); (2) for
previously investigated or reviewed
Chinese and non-Chinese exporters that
are not listed in the rate table in the
final results of review that have separate
rates, 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 Chinawide entity, which is 238.95 percent,
and (4) for all non-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 applicable to the China
29 See
Final Modification, 77 FR 8103.
NME Assessment of Dumping Duties, for a
full discussion of this practice.
31 See Solar Cells from China AR1 Final, 80 FR
41002.
30 See
E:\FR\FM\04JAN1.SGM
04JAN1
Federal Register / Vol. 89, No. 3 / Thursday, January 4, 2024 / Notices
exporter(s) that supplied that non-China
exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties and/or
countervailing duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
and/or countervailing duties has
occurred, and the subsequent
assessment of double antidumping
duties, and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR 351.213
and 351.221(b)(4).
Dated: December 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Successor-in-Interest
Determination
V. Partial Rescission of Administrative
Review
VI. Intent To Rescind Administrative Review
in Part
VII. Companies Not Reviewed
VIII. Preliminary No-Shipments
Determination
IX. Discussion of the Methodology
X. Recommendation
khammond on DSKJM1Z7X2PROD with NOTICES
Appendix II
Companies for Which Commerce Intends To
Rescind the Review
1. Canadian Solar International Limited;
Canadian Solar Manufacturing (Changshu)
Inc.; Canadian Solar Manufacturing
(Luoyang) Inc.; CSI Cells Co., Ltd.; CSI Solar
Co., Ltd.; and CSI Solar Manufacturing (Fu
Ning) Co., Ltd.
2. Chint Solar (Hong Kong) Company
Limited; Chint Solar (Jiuquan) Co., Ltd.;
Chint Solar (Zhejiang) Co., Ltd.; and Chint
New Energy Technology (Haining) Co., Ltd.
3. JA Solar Technology Yangzhou Co., Ltd.
4. Jiawei Solarchina Co., Ltd.
5. JingAo Solar Co., Ltd.
6. Longi Solar Technology Co. Ltd.
VerDate Sep<11>2014
16:54 Jan 03, 2024
Jkt 262001
7. Risen Energy Co. Ltd.; Risen Energy
(Changzhou) Co., Ltd.; Risen (Wuhai) New
Energy Co., Ltd.; Zhejiang Twinsel Electronic
Technology Co., Ltd.; Risen (Luoyang) New
Energy Co., Ltd.; Jiujiang Shengchao Xinye
Technology Co., Ltd.; Jiujiang Shengzhao
Xinye Trade Co., Ltd.; Ruichang Branch,
Risen Energy (HongKong) Co., Ltd.; and
Risen Energy (YIWU) Co., Ltd.
8. Shanghai BYD Co., Ltd.
9. Shanghai JA Solar Technology Co., Ltd.
10. Shenzhen Topray Solar Co., Ltd.
11. Wuxi Tianran Photovoltaic Co., Ltd.
12. Xiamen Yiyusheng Solar Co., Ltd.
Appendix III
Companies Not Reviewed
1. Renesola Jiangsu Ltd.
2. BYD H.K. Co., Ltd.
3. CSI Modules (DaFeng) Co., Ltd.
4. De-Tech Trading Limited HK
5. Hengdian Group DMEGC Magnetics Co.
Ltd.
6. JA Solar Co., Ltd.
7. Jiawei Solarchina (Shenzhen) Co., Ltd.
8. Lightway Green New Energy Co., Ltd.
9. Longi (HK) Trading Ltd.
10. Ningbo ETDZ Holdings, Ltd.
11. Ningbo Qixin Solar Electrical
Appliance Co., Ltd.
12. ReneSola Zhejiang Ltd.
13. Shanghai Nimble Co., Ltd.
14. Sumec Hardware & Tools Co., Ltd.
15. Suntech Power Co., Ltd.
16. Taizhou BD Trade Co., Ltd.
17. tenKsolar (Shanghai) Co., Ltd.
18. Trina Solar Energy Development PTE
Ltd.
19. Jinko Solar International Limited
20. Luoyang Suntech Power Co., Ltd.
21. Trina Solar (Singapore) Science and
Technology Pte. Ltd.
22. Yingli Green Energy International
Trading Company Limited
23. Trina Solar Energy Development
Company Limited
24. Changzhou Trina Hezhong
Photoelectric Co., Ltd.
25. Changzhou Trina Solar Energy Co., Ltd.
26. Changzhou Trina Solar Yabang Energy
Co., Ltd.
27. Hubei Trina Solar Energy Co., Ltd.
28. Trina Solar (Hefei) Science and
Technology Co., Ltd.
29. Turpan Trina Solar Energy Co., Ltd.
30. Yancheng Trina Guoneng Photovoltaic
Technology Co., Ltd.
31. Yancheng Trina Solar Energy
Technology Co., Ltd.
Appendix IV
Companies Preliminarily Determined To Be
Part of the China-Wide Entity
1. Anji DaSol Solar Energy Science &
Technology Co., Ltd.
2. Maodi Solar Technology (Dongguan) Co.,
Ltd.
3. Shenzhen Yingli New Energy Resources
Co., Ltd.; Baoding Jiasheng Photovoltaic
Technology Co. Ltd.; Baoding Tianwei Yingli
New Energy Resources Co., Ltd.; (4) Beijing
Tianneng Yingli New Energy Resources Co.,
Ltd.; Hainan Yingli New Energy Resources
Co., Ltd.; Hengshui Yingli New Energy
Resources Co., Ltd.; Lixian Yingli New
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
461
Energy Resources Co., Ltd.; Tianjin Yingli
New Energy Resources Co., Ltd.; and Yingli
Energy (China) Company Limited.
4. Wuxi Suntech Power Co., Ltd.
[FR Doc. 2023–28999 Filed 1–3–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–821]
Utility Scale Wind Towers From
Malaysia: Preliminary Results of
Antidumping Duty Administrative
Review, 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S Department of
Commerce (Commerce) preliminarily
determines that the sole producer or
exporter subject to this administrative
review made sales of subject
merchandise at below normal value
(NV). The period of review (POR) is
October 13, 2021, through November 30,
2022. Interested parties are invited to
comment on these preliminary results.
SUMMARY:
DATES:
Applicable January 4, 2024.
FOR FURTHER INFORMATION CONTACT:
Nicolas Mayora, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3053.
SUPPLEMENTARY INFORMATION:
Background
On December 6, 2021, Commerce
published in the Federal Register the
antidumping duty order on utility scale
wind towers (wind towers) from
Malaysia.1 On December 1, 2022, we
published in the Federal Register a
notice of opportunity to request an
administrative review of the Order.2 On
February 2, 2023, based on timely
requests for an administrative review, in
accordance with 19 CFR
351.221(c)(1)(i), Commerce initiated the
administrative review covering one
company,3 CS Wind Malaysia Sdn Bhd
1 See Utility Scale Wind Towers from India and
Malaysia: Antidumping Duty Orders, 86 FR 69014
(December 6, 2021) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 73752 (December 1,
2022).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
7060 (February 2, 2023).
E:\FR\FM\04JAN1.SGM
04JAN1
]]>Agencies
[Federal Register Volume 89, Number 3 (Thursday, January 4, 2024)]
[Notices]
[Pages 457-461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28999]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-979]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Preliminary Results
of Antidumping Duty Administrative Review, Partial Rescission of
Antidumping Administrative Review, and Preliminary Determination of No
Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Shenzhen Sungold Solar Co., Ltd. (Sungold), and the
companies which Commerce preliminarily granted separate rates, did not
sell subject merchandise at prices below normal value (NV) during the
period December 1, 2021, through November 30, 2022, the period of
review (POR). Commerce also preliminarily determines that certain
companies do not qualify for a separate rate, and that it is
appropriate to rescind this review with respect to 10 companies because
all requests to review these companies were timely withdrawn. In
addition, Commerce intends to rescind this review with respect to
certain companies that did not ship subject merchandise during the POR.
Interested parties are invited to comment on these preliminary results
of the review.
DATES: Applicable January 4, 2024.
FOR FURTHER INFORMATION CONTACT: Dakota Potts or Paola Aleman Ordaz,
AD/CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0223, or (202) 482-4031,
respectively.
SUPPLEMENTARY INFORMATION:
Background
In response to review requests from multiple parties, on February
2, 2023, Commerce initiated an administrative review of the antidumping
duty order on crystalline silicon photovoltaic cells, whether or not
assembled into modules (solar cells), from the People's Republic of
China (China) with respect to 68 companies/company groupings for the
period December 1, 2021, through November 30, 2022.\1\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 7060, 7062-63 (February 2, 2023).
---------------------------------------------------------------------------
On April 20, 2023, Commerce selected two exporters to individually
examine as mandatory respondents, Yingli \2\ and Shenzhen Glory
Industries Co., Ltd. (Shenzhen Glory).\3\ Shenzhen Glory timely
withdrew its request for review, and no other party requested a
[[Page 458]]
review of Shenzhen Glory.\4\ Therefore, Commerce selected Sungold as an
additional mandatory respondent on May 1, 2023.\5\ On September 8,
2023, Commerce also selected Anji DaSol Solar Energy Science &
Technology Co., Ltd. (Anji DaSol) as a mandatory respondent.\6\
However, Anji DaSol declined to participate in this review.
---------------------------------------------------------------------------
\2\ Yingli refers to the following companies which Commerce has
treated as a single entity: (1) Shenzhen Yingli New Energy Resources
Co., Ltd.; (2) Baoding Jiasheng Photovoltaic Technology Co. Ltd.;
(3) Baoding Tianwei Yingli New Energy Resources Co., Ltd.; (4)
Beijing Tianneng Yingli New Energy Resources Co., Ltd.; (5) Hainan
Yingli New Energy Resources Co., Ltd.; (6) Hengshui Yingli New
Energy Resources Co., Ltd.; (7) Lixian Yingli New Energy Resources
Co., Ltd.; (8) Tianjin Yingli New Energy Resources Co., Ltd.; and
(9) Yingli Energy (China) Company Limited.
\3\ See Memorandum, ``Respondent Selection,'' dated April 20,
2023.
\4\ See Shenzhen Glory's Letter, ``Withdrawal of Request for
Administrative Review,'' dated April 21, 2023.
\5\ See Memorandum, ``Respondent Selection,'' dated May 1, 2023.
\6\ See Memorandum, ``Respondent Selection,'' dated September 8,
2023.
---------------------------------------------------------------------------
On August 30, 2023, Commerce extended the time limit for issuing
the preliminary result of this review until December 29, 2023.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated August
30, 2023.
---------------------------------------------------------------------------
For details regarding the events that occurred subsequent to the
initiation of the review, see the Preliminary Decision Memorandum.\8\
---------------------------------------------------------------------------
\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 Administrative Review of the Antidumping
Duty Order on Crystalline Silicon Photovoltaic Cells, Whether or not
Assembled into Modules, from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 9
---------------------------------------------------------------------------
\9\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China: Amended
Final Determination of Sales at Less Than Fair Value, and
Antidumping Duty Order, 77 FR 73018 (December 7, 2012) (Order).
---------------------------------------------------------------------------
The merchandise covered by the Order is crystalline silicon
photovoltaic cells, and modules, laminates, and panels, consisting of
crystalline silicon photovoltaic cells, whether or not partially or
fully assembled into other products, including, but not limited to,
modules, laminates, panels and building integrated materials.\10\
Merchandise covered by this Order is currently classified under
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, and 8541.43.0010 of the Harmonized Tariff Schedule of the
United States (HTSUS).\11\ Although the HTSUS subheadings are provided
for convenience and customs purposes, our written description of the
scope of the Order is dispositive.
---------------------------------------------------------------------------
\10\ For a complete description of the scope of the order, see
Issues Decision Memorandum.
\11\ During the POR, solar cells and modules were primarily
classified under HTSUS subheadings 8541.40.6015 and 8541.40.6025.
These two categories were updated to USHTS subheadings 8541.42.0010
and 8541.43.0010 in 2022.
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if all parties that
requested the review withdraw their requests within 90 days of the date
of publication of the notice of initiation of the requested review. All
parties timely withdrew their requests for an administrative review,
and thus, Commerce is rescinding its review of the following companies:
(1) Jinko Solar Technology Sdn. Bhd.; (2) Jinko Solar (Malaysia) Sdn.
Bhd.; (3) Jinkosolar Middle East DMCC; (4) Shenzhen Glory; (5) Boviet
Solar Technology Co., Ltd.; (6) CSI Solar Power Group Co., Ltd.; (7)
New East Solar Energy Cambodia Co., Ltd.; (8) Vina Cell Technology
Company Limited; (9) Vina Solar Technology Company Limited; and (10)
Canadian Solar Manufacturing, Inc.
Intent To Rescind Administrative Review in Part
Based on record evidence obtained from U.S. Customs and Border
Protection (CBP), we preliminarily determine that there are no
suspended entries during the POR for the companies listed in Appendix
II, all of which have existing separate rates.\12\ In the absence of
any suspended entries of subject merchandise from these companies
during the POR, Commerce intends to rescind its review of these
companies in the final results of this review.
---------------------------------------------------------------------------
\12\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Commerce also intends to rescind this review with respect to Red
Sun Energy Long An Company Limited. See the Preliminary Decision
Memorandum for details.
Companies Not Reviewed
Based on record evidence obtained from CBP, we preliminarily
determine that there are no suspended entries during the POR for the
companies listed in Appendix III, all of which currently do not have a
separate rate.\13\ In the absence of any suspended entries of subject
merchandise from these companies during the POR, and based on the fact
that these companies do not have a separate rate and are part of the
China-wide entity, which is not under review as no parties requested a
review of the entity, we are not conducting a review of these
companies.
---------------------------------------------------------------------------
\13\ Id.
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
Trina Solar (Changzhou) Science and Technology Co., Ltd. (Trina
Solar Changzhou) and Jinko Solar,\14\ claimed that they did not ship
subject merchandise during the POR. However, entry data obtained from
CBP appear to contradict those claims.\15\ Additionally, the American
Alliance for Solar Manufacturing (the petitioner) placed Datamyne data
on the record which it claims shows that Jinko Solar may have shipped
subject merchandise during the POR.
---------------------------------------------------------------------------
\14\ Jinko Solar refers to the following companies which
Commerce has previously treated as a single entity: Jinko Solar
Import and Export Co., Ltd.; Jinko Solar Co., Ltd.; Jinko Solar
Technology (Haining) Co., Ltd.; Yuhuan Jinko Solar Co., Ltd.;
Zhejiang Jinko Solar Co., Ltd.; Jiangsu Jinko Tiansheng Solar Co.,
Ltd. ; JinkoSolar (Chuzhou) Co., Ltd.; JinkoSolar (Yiwu) Co., Ltd.;
and JinkoSolar (Shangrao) Co., Ltd.
\15\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
After analyzing the information on the record, we preliminarily
determine that there is no evidence that Trina Solar Changzhou or Jinko
Solar failed to properly report entries of their subject
merchandise.\16\ If our determination remains unchanged in the final
results of this review, we will instruct CBP to liquidate entries of
subject merchandise during the POR that were recorded under the
company-specific case numbers for Trina Solar Changzhou or Jinko Solar
at the China-wide rate.
---------------------------------------------------------------------------
\16\ Id.
---------------------------------------------------------------------------
Application of Facts Available With Adverse Inferences
Sungold's solar cell suppliers failed to provide factors of
production (FOP) data for use in calculating the weighted-average
dumping margin of Sungold. Because the solar cells suppliers are
interested parties, and they declined to provide requested information,
that information is not on the record. Consequently, we have
preliminarily applied partial facts available with adverse inferences
in place of the missing FOP data, pursuant to sections 776(a)(1),
(2)(A)-(C), and 776(b) of the Tariff Act of 1930, as amended (the Act).
For details regarding this preliminary determination, see the
Preliminary Decision Memorandum.
Separate Rates
We have preliminarily determined that the companies listed in the
table in the ``Preliminary Results of Review'' section of this notice
below demonstrated that they qualified for a separate rate but the
companies listed in Appendix IV have not done so. Consequently, we have
preliminarily
[[Page 459]]
treated the companies listed in Appendix IV as part of the China-wide
entity. Because no party requested a review of the China-wide entity,
the entity's dumping margin is 238.95 percent \17\ and not subject to
change.\18\ For additional information regarding Commerce's preliminary
separate rate determinations, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\17\ The China-wide entity rate was last changed in the first
administrative review of this proceeding and has been the applicable
rate for the entity in each subsequent review, including the most
recently completed review. See Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules, from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments; 2012-2013, 80 FR
40998, 41002 (July 14, 2015) (Solar Cells from China AR1 Final); see
also Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2019-2020, 87 FR 38379, 38381 (June
28, 2022).
\18\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
---------------------------------------------------------------------------
Dumping Margins for Separate Rate Companies
The statute and Commerce's regulations do not address what dumping
margin to apply to respondents that are not selected for individual
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 an
investigation, for guidance when calculating the dumping margin for
respondents that are not individually examined in an administrative
review. Under section 735(c)(5)(A) of the Act, the all-others rate is
normally ``equal to the weighted average of the estimated weighted
average dumping margins established for exporters and producers
individually investigated, excluding any zero and de minimis dumping
margins, and any dumping margins determined entirely {on the basis of
facts available{time} .'' When the weighted-average dumping margins
established for all individually examined respondents are zero, de
minimis, or based entirely on facts available, section 735(c)(5)(B) of
the Act permits Commerce to ``use any reasonable method to establish
the estimated all-others rate for exporters and producers not
individually investigated, including averaging the estimated weighted
average dumping margins determined for the exporters and producers
individually investigated.'' Consistent with Commerce's practice,\19\
we preliminarily determine that a reasonable method would be to assign
a dumping margin to the non-individually examined separate rate
companies equal to the zero percent preliminary dumping margin
calculated for Sungold. For additional information,see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\19\ See Wooden Cabinet and Vanities and Components Thereof From
the People's Republic of China: Final Results and Partial Rescission
of the Antidumping Duty Administrative Review; 2019-2021, 87 FR
67674 (November 9, 2022), and accompanying Issues and Decision
Memorandum at Comment 5.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) of the Act. In determining Sungold's dumping
margin, we calculated export prices in accordance with section 772 of
the Act. Because Commerce previously determined that China is a non-
market economy country,\20\ within the meaning of section 771(18) of
the Act, we calculated normal value in accordance with section 773(c)
of the Act.
---------------------------------------------------------------------------
\20\ See Antidumping Duty Investigation of Certain Aluminum Foil
from the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861 (November 2, 2017) (citing
Memorandum, ``China's Status as a Non-Market Economy,'' dated
October 26, 2017), unchanged in Certain Aluminum Foil from the
People's Republic of China: Final Determination of Sales at Less
Than Fair Value, 83 FR 9282 (March 5, 2018).
---------------------------------------------------------------------------
For a full description of the methodology underlying the
preliminary results of this review, see the Preliminary Decision
Memorandum. A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix I to this notice. The Preliminary
Decision Memorandum is a public document and is made available to the
public 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 Preliminary Decision Memorandum is available
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Results of Review
We are assigning the following dumping margins to the firms listed
below for the period December 1, 2021, through November 30, 2022:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Shenzhen Sungold Solar Co., Ltd..................... 0.00
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
BYD (Shangluo) Industrial Co., Ltd.................. 0.00
Hongkong Hello Tech Energy Co., Ltd................. 0.00
Trina Solar Co., Ltd................................ 0.00
Trina Solar Science & Technology (Thailand) Ltd..... 0.00
Zhejiang Aiko Solar Energy Technology Co., Ltd...... 0.00
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose to parties to the proceeding the
calculations performed for these preliminary results of review to
interested parties within five days after public announcement of the
preliminary results or, if there is no public announcement, within five
days of the date of publication of this notice in the Federal Register
in accordance with 19 CFR 351.224(b).
Public Comment
Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of these preliminary results of
review in the Federal Register.\21\ Interested parties may file
rebuttal briefs, that are limited to the issues raised in case briefs,
not later than five days after the
[[Page 460]]
date for filing case briefs.\22\ Interested parties who submit case or
rebuttal briefs must submit: (1) a table of contents listing each issue
discussed in the brief; and (2) a table of authorities.\23\
---------------------------------------------------------------------------
\21\ See 19 CFR 351.309(c)(ii).
\22\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Final Service Rule).
\23\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\24\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\25\
---------------------------------------------------------------------------
\24\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\25\ See APO and Final Service Rule.
---------------------------------------------------------------------------
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 submit a written request for a hearing to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS, within 30 days after the date of
publication of this notice in the Federal Register. Requests for a
hearing should contain: (1) the requesting party's name, address, and
telephone number; (2) the number of individuals associated with the
requesting party that will attend the hearing and whether any of those
individuals is a foreign national; and (3) a list of the issues the
party intends to discuss at the hearing. If a request for a hearing 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 hearing date.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\26\ Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of the notice 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).
---------------------------------------------------------------------------
\26\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
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Where a respondent's weighted average dumping margin is zero
percent or de minimis, or an importer/customer-specific ad valorem
assessment rate is zero percent or de minimis, Commerce's practice is
to instruct CBP to liquidate the appropriate entries without regard to
dumping duties.\27\ Thus, if Commerce continues to calculate a
weighted-average dumping margin of zero percent for Sungold in the
final results of this review, it will instruct CBP to liquidate entries
of Sungold's subject merchandise during the POR without regard to
antidumping duties.
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\27\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2014-2015, 81
FR 29528 (May 12, 2016), and accompanying Issues and Decision
Memorandum at 10-11, unchanged in Drawn Stainless Steel Sinks from
the People's Republic of China: Final Results of Antidumping Duty
Administrative Review; Final Determination of No Shipments; 2014-
2015, 81 FR 54042 (August 15, 2016).
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However, if Sungold's final weighted-average dumping margin is not
zero percent or de minimis (i.e., less than 0.5 percent), Commerce
intends to calculate importer/customer-specific assessment rates \28\
by dividing the total amount of dumping for reviewed sales to the
importer/customer by the total quantity of those sales. Commerce will
calculate an estimated ad valorem importer/customer-specific assessment
rate to determine whether the per-unit assessment rate is de minimis;
however, it will instruct CBP to apply the per-unit assessment
rate.\29\
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\28\ See 19 CFR 351.212(b)(1).
\29\ See Final Modification, 77 FR 8103.
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Commerce will base the assessment rate of the respondents that were
not selected for individual examination that qualify for a separate
rate on the weighted-average dumping margin that it calculates for
Sungold in the final results of this review.\30\
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\30\ See NME Assessment of Dumping Duties, for a full discussion
of this practice.
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Pursuant to a refinement of its practice, Commerce will instruct
CBP to liquidate entries of Sungold's subject merchandise for which
sales were not reported in the U.S. sales database at the dumping
margin assigned to the China-wide entity.\31\
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\31\ See Solar Cells from China AR1 Final, 80 FR 41002.
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Additionally, we intend to instruct CBP to liquidate entries of
subject merchandise during the POR that were recorded under the
company-specific case numbers for Trina Solar Changzhou or Jinko Solar
at the China-wide 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 the notice of
the final results of this administrative review in the Federal
Register, as provided for by section 751(a)(2)(C) of the Act: (1) for
the exporters listed in the table in the ``Preliminary Results of
Review'' section of this notice above, the cash deposit rate will be
equal to the weighted-average dumping margin established in the final
results of this review for the exporter (except, if the dumping margin
is de minimis (i.e., less than 0.5 percent), then the cash deposit rate
will be zero for that exporter); (2) for previously investigated or
reviewed Chinese and non-Chinese exporters that are not listed in the
rate table in the final results of review that have separate rates, 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 238.95 percent, and (4) for all non-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 applicable to the
China
[[Page 461]]
exporter(s) that supplied that non-China exporter. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties and/or countervailing
duties prior to liquidation of the relevant entries during this POR.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping duties and/or
countervailing duties has occurred, and the subsequent assessment of
double antidumping duties, and/or an increase in the amount of
antidumping duties by the amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213 and 351.221(b)(4).
Dated: December 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Successor-in-Interest Determination
V. Partial Rescission of Administrative Review
VI. Intent To Rescind Administrative Review in Part
VII. Companies Not Reviewed
VIII. Preliminary No-Shipments Determination
IX. Discussion of the Methodology
X. Recommendation
Appendix II
Companies for Which Commerce Intends To Rescind the Review
1. Canadian Solar International Limited; Canadian Solar
Manufacturing (Changshu) Inc.; Canadian Solar Manufacturing
(Luoyang) Inc.; CSI Cells Co., Ltd.; CSI Solar Co., Ltd.; and CSI
Solar Manufacturing (Fu Ning) Co., Ltd.
2. Chint Solar (Hong Kong) Company Limited; Chint Solar
(Jiuquan) Co., Ltd.; Chint Solar (Zhejiang) Co., Ltd.; and Chint New
Energy Technology (Haining) Co., Ltd.
3. JA Solar Technology Yangzhou Co., Ltd.
4. Jiawei Solarchina Co., Ltd.
5. JingAo Solar Co., Ltd.
6. Longi Solar Technology Co. Ltd.
7. Risen Energy Co. Ltd.; Risen Energy (Changzhou) Co., Ltd.;
Risen (Wuhai) New Energy Co., Ltd.; Zhejiang Twinsel Electronic
Technology Co., Ltd.; Risen (Luoyang) New Energy Co., Ltd.; Jiujiang
Shengchao Xinye Technology Co., Ltd.; Jiujiang Shengzhao Xinye Trade
Co., Ltd.; Ruichang Branch, Risen Energy (HongKong) Co., Ltd.; and
Risen Energy (YIWU) Co., Ltd.
8. Shanghai BYD Co., Ltd.
9. Shanghai JA Solar Technology Co., Ltd.
10. Shenzhen Topray Solar Co., Ltd.
11. Wuxi Tianran Photovoltaic Co., Ltd.
12. Xiamen Yiyusheng Solar Co., Ltd.
Appendix III
Companies Not Reviewed
1. Renesola Jiangsu Ltd.
2. BYD H.K. Co., Ltd.
3. CSI Modules (DaFeng) Co., Ltd.
4. De-Tech Trading Limited HK
5. Hengdian Group DMEGC Magnetics Co. Ltd.
6. JA Solar Co., Ltd.
7. Jiawei Solarchina (Shenzhen) Co., Ltd.
8. Lightway Green New Energy Co., Ltd.
9. Longi (HK) Trading Ltd.
10. Ningbo ETDZ Holdings, Ltd.
11. Ningbo Qixin Solar Electrical Appliance Co., Ltd.
12. ReneSola Zhejiang Ltd.
13. Shanghai Nimble Co., Ltd.
14. Sumec Hardware & Tools Co., Ltd.
15. Suntech Power Co., Ltd.
16. Taizhou BD Trade Co., Ltd.
17. tenKsolar (Shanghai) Co., Ltd.
18. Trina Solar Energy Development PTE Ltd.
19. Jinko Solar International Limited
20. Luoyang Suntech Power Co., Ltd.
21. Trina Solar (Singapore) Science and Technology Pte. Ltd.
22. Yingli Green Energy International Trading Company Limited
23. Trina Solar Energy Development Company Limited
24. Changzhou Trina Hezhong Photoelectric Co., Ltd.
25. Changzhou Trina Solar Energy Co., Ltd.
26. Changzhou Trina Solar Yabang Energy Co., Ltd.
27. Hubei Trina Solar Energy Co., Ltd.
28. Trina Solar (Hefei) Science and Technology Co., Ltd.
29. Turpan Trina Solar Energy Co., Ltd.
30. Yancheng Trina Guoneng Photovoltaic Technology Co., Ltd.
31. Yancheng Trina Solar Energy Technology Co., Ltd.
Appendix IV
Companies Preliminarily Determined To Be Part of the China-Wide Entity
1. Anji DaSol Solar Energy Science & Technology Co., Ltd.
2. Maodi Solar Technology (Dongguan) Co., Ltd.
3. Shenzhen Yingli New Energy Resources Co., Ltd.; Baoding
Jiasheng Photovoltaic Technology Co. Ltd.; Baoding Tianwei Yingli
New Energy Resources Co., Ltd.; (4) Beijing Tianneng Yingli New
Energy Resources Co., Ltd.; Hainan Yingli New Energy Resources Co.,
Ltd.; Hengshui Yingli New Energy Resources Co., Ltd.; Lixian Yingli
New Energy Resources Co., Ltd.; Tianjin Yingli New Energy Resources
Co., Ltd.; and Yingli Energy (China) Company Limited.
4. Wuxi Suntech Power Co., Ltd.
[FR Doc. 2023-28999 Filed 1-3-24; 8:45 am]
BILLING CODE 3510-DS-P
