[Federal Register Volume 79, Number 111 (Tuesday, June 10, 2014)]
[Notices]
[Pages 33174-33176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13510]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-011]


Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China: Preliminary Affirmative Countervailing Duty 
Determination

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of certain crystalline silicon photovoltaic 
products (certain solar products) from the People's Republic of China 
(PRC). The period of investigation is January 1, 2012, through December 
31, 2012. The final determination will be issued 75 days after the date 
of this preliminary determination unless otherwise extended. Interested 
parties are invited to comment on this preliminary determination.

DATES:  Effective Date: June 10, 2014.

FOR FURTHER INFORMATION CONTACT: Gene Calvert or Justin Neuman, Office 
VII, AD/CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230;

[[Page 33175]]

telephone: (202) 482-3586 and (202) 482-0486, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Investigation

    The merchandise covered by this investigation is crystalline 
silicon photovoltaic cells, and 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 this investigation, subject merchandise also 
includes modules, laminates and/or panels assembled in the subject 
country consisting of crystalline silicon photovoltaic cells that are 
completed or partially manufactured within a customs territory other 
than that subject country, using ingots that are manufactured in the 
subject country, wafers that are manufactured in the subject country, 
or cells where the manufacturing process begins in the subject country 
and is completed in a non-subject country.
    Subject merchandise includes crystalline silicon photovoltaic cells 
of thickness equal to or greater than 20 micrometers, having a p/n 
junction formed by any means, whether or not the cell has undergone 
other processing, including, but not limited to, cleaning, etching, 
coating, and/or addition of materials (including, but not limited to, 
metallization and conductor patterns) to collect and forward the 
electricity that is generated by the cell.
    Excluded from the scope of this investigation are thin film 
photovoltaic products produced from amorphous silicon (a-Si), cadmium 
telluride (CdTe), or copper indium gallium selenide (CIGS). Also, 
excluded from the scope of this investigation are any products covered 
by the existing antidumping and countervailing duty orders on 
crystalline silicon photovoltaic cells, whether or not assembled into 
modules, from the People's Republic of China.\1\
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    \1\ 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); Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, 
From the People's Republic of China: Countervailing Duty Order, 77 
FR 73017 (December 7, 2012).
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    Also excluded from the scope of this investigation are crystalline 
silicon photovoltaic cells, not exceeding 10,000 mm\2\ in surface area, 
that are permanently integrated into a consumer good whose function is 
other than power generation and that consumes the electricity generated 
by the integrated crystalline silicon photovoltaic cell. Where more 
than one cell is permanently integrated into a consumer good, the 
surface area for purposes of this exclusion shall be the total combined 
surface area of all cells that are integrated into the consumer good.
    Merchandise covered by this investigation is currently classified 
in the Harmonized Tariff Schedule of the United States (HTSUS) under 
subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 
8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS 
subheadings are provided for convenience and customs purposes; the 
written description of the scope of this investigation is dispositive.

Methodology

    The Department is conducting this countervailing duty investigation 
in accordance with section 701 of the Tariff Act of 1930, as amended 
(the Act). For a full description of the methodology underlying our 
preliminary conclusions, including our reliance, in part, on adverse 
facts available, see the Preliminary Decision Memorandum.\2\ The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
IA ACCESS is available to registered users at http://iaaccess.trade.gov, and is available to all parties in the Central 
Records Unit, room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.
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    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance 
regarding ``Decision Memorandum for the Preliminary Determination in 
the Countervailing Duty Investigation of Certain Crystalline Silicon 
Photovoltaic Products from the People's Republic of China,'' dated 
concurrently with this notice (Preliminary Decision Memorandum). A 
list of topics discussed in the Preliminary Decision Memorandum can 
be found as an appendix to this notice.
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Preliminary Determination and Suspension of Liquidation

    In accordance with section 703(d)(1)(A)(i) of the Act, we determine 
separate subsidy rates for the individually-investigated producers/
exporters of the subject merchandise, Wuxi Suntech Power Co., Ltd. and 
its cross-owned companies and Changzhou Trina Solar Energy Co., Ltd. 
and its cross-owned company.\3\ We also calculated an all-others rate. 
In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for 
companies not individually investigated, we apply an ``all-others'' 
rate, which is normally calculated by weighting the subsidy rates of 
the individual companies selected as mandatory respondents by those 
companies' exports of the subject merchandise to the United States. 
Under section 705(c)(5)(A)(i) of the Act, the all-others rate should 
exclude zero and de minimis rates calculated for the exporters and 
producers individually investigated as well as rates based entirely on 
facts otherwise available. Where the rates for the investigated 
companies are all zero or de minimis, or based entirely on facts 
otherwise available, section 705(c)(5)(A)(ii) of the Act instructs the 
Department to establish an all-others rate using ``any reasonable 
method.'' Notwithstanding the language of section 705(c)(5)(A)(i) of 
the Act, we have not calculated the ``all-others'' rate by weight 
averaging the rates of the two individually investigated respondents, 
because doing so risks disclosure of proprietary information. 
Therefore, and consistent with the Department's practice where such 
risk exists, for the ``all-others'' rate, we calculated a simple 
average of the two responding firms' rates.\4\ The overall preliminary 
subsidy rates are summarized in the table below:
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    \3\ For a full list of the examined cross-owned companies, see 
the Preliminary Decision Memorandum.
    \4\ See, e.g., Hardwood and Decorative Plywood from the People's 
Republic of China: Final Affirmative Countervailing Duty 
Determination; 2011, 78 FR 58283 (September 23, 2013).

------------------------------------------------------------------------
                                                                Subsidy
                           Company                             rate  (%)
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Wuxi Suntech Power Co., Ltd..................................      35.21
Changzhou Trina Solar Energy Co., Ltd........................      18.56
All Others...................................................      26.89
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    In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we 
are directing U.S. Customs and Border Protection (CBP) to suspend 
liquidation of all entries of certain solar products from the PRC that 
are entered, or withdrawn from warehouse, for consumption on or after 
the date of the publication of this notice in the Federal Register, and 
to require a cash deposit

[[Page 33176]]

for such entries of merchandise in the amounts indicated above.

Verification

    As provided in section 782(i)(1) of the Act, we intend to verify 
the information submitted by the respondents prior to making our final 
determination.

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with this preliminary 
determination within five days of its public announcement.\5\ 
Interested parties may submit case and rebuttal briefs, as well as 
request a hearing.\6\ For a schedule of the deadlines for filing case 
briefs, rebuttal briefs, and hearing requests, see the Preliminary 
Decision Memorandum.
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    \5\ See 19 CFR 351.224(b).
    \6\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
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International Trade Commission Notification

    In accordance with section 703(f) of the Act, we will notify the 
International Trade Commission (ITC) of our determination. In addition, 
we are making available to the ITC all non-privileged and non-
proprietary information relating to this investigation. We will allow 
the ITC access to all privileged and business proprietary information 
in our files, provided the ITC confirms that it will not disclose such 
information, either publicly or under an administrative protective 
order, without the written consent of the Assistant Secretary for 
Enforcement and Compliance.
    In accordance with section 705(b)(2) of the Act, if our final 
determination is affirmative, the ITC will make its final determination 
within 45 days after the Department makes its final determination.
    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: June 2, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Respondent Selection
VI. Injury Test
VII. Application of the Countervailing Duty Law to Imports From the 
PRC
VIII. Subsidies Valuation
IX. Benchmarks and Discount Rates
X. Use of Facts Otherwise Available and Adverse Inferences
XI. Analysis of Programs
XII. ITC Notification
XIII. Disclosure and Public Comment
XIV. Verification
XV. Conclusion

[FR Doc. 2014-13510 Filed 6-9-14; 8:45 am]
BILLING CODE 3510-DS-P