[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Notices]
[Pages 44395-44397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18055]



[[Page 44395]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-853]


Certain Crystalline Silicon Photovoltaic Products From Taiwan: 
Affirmative Preliminary Determination of Sales at Less Than Fair Value 
and Postponement of Final Determination

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

SUMMARY: The Department of Commerce (``Department'') preliminarily 
determines that certain crystalline silicon photovoltaic products 
(``certain solar products'') from Taiwan are being, or are likely to 
be, sold in the United States at less than fair value (``LTFV''), as 
provided in section 733(b) of the Tariff Act of 1930, as amended (the 
``Act''). The period of investigation is October 1, 2012 through 
September 30, 2013. The estimated weighted-average dumping margins are 
shown in the ``Preliminary Determination'' section of this notice. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Effective Date: July 31, 2014.

FOR FURTHER INFORMATION CONTACT: Magd Zalok, Charles Riggle, or James 
Martinelli, AD/CVD Operations, Office IV, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-4162, (202) 482-0650, or (202) 482-2923, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the notice of initiation of this 
investigation on January 29, 2014.\1\ Pursuant to section 773(c)(1)(A) 
of the Act, the Department postponed this preliminary LTFV 
determination by a period of 43 days.\2\
---------------------------------------------------------------------------

    \1\ See Certain Crystalline Silicone Photovoltaic Products From 
the People's Republic of China and Taiwan: Initiation of Antidumping 
Duty Investigations, 79 FR 4661 (January 29, 2014).
    \2\ See Certain Crystalline Silicone Photovoltaic Products From 
the People's Republic of China and Taiwan: Postponement of 
Preliminary Determination of Antidumping Duty Investigations, 79 FR 
30084 (May 27, 2014).
---------------------------------------------------------------------------

Scope of the Investigation

    The merchandise covered by these investigations 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 these investigations, 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 these investigations 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 these investigations 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. 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).
    Also excluded from the scope of these investigations 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 these investigations 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 these investigations is 
dispositive.

Methodology

    The Department has conducted this investigation in accordance with 
section 731 of the Act. Constructed export price (``CEP'') and export 
price (``EP'') have been calculated in accordance with section 772 of 
the Act. Normal value (``NV'') has been calculated in accordance with 
section 773 of the Act. For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum. 
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 (IA 
ACCESS). IA ACCESS is available to registered users at https://iaaccess.trade.gov, and is available to all parties in the Department's 
Central Records Unit, located at Room 7046 of the main Department of 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be found at http://enforcement.trade.gov/frn/. 
The signed and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.

All Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated ``all 
others'' rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero or de 
minimis margins, and any margins determined entirely under section 776 
of the Act. Pursuant to section 735(c)(5)(B) of the Act, if the 
estimated weighted-average dumping margins established for all 
exporters and producers individually examined are zero, de minimis or 
determined based entirely under section 776 of the Act, the Department 
may use any reasonable method to establish the estimated dumping margin 
for all other producers or exporters.
    We based our calculation of the ``All Others'' rate on the 
weighted-average of the margins calculated for Gintech

[[Page 44396]]

Energy Corporation (``Gintech'') and Motech Industries, Inc. 
(``Motech'') using a simple average of the calculated margins. Because 
we cannot apply our normal methodology of calculating a weighted-
average margin due to requests to protect business-proprietary 
information, we find this rate to be the best proxy of the actual 
weighted-average margin determined for these respondents. For further 
discussion of this calculation, see memorandum entitled ``Calculation 
of the All Others Rate for the Preliminary Determination of the 
Antidumping Duty Investigation of certain crystalline silicon 
photovoltaic products from Taiwan,'' dated concurrently with this 
notice.

Preliminary Determination

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the producers or exporters 
during the period October 1, 2012 through September 30, 2013 at the 
following rates:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Motech Industries, Inc......................................       44.18
Gintech Energy Corporation..................................       27.59
All Others..................................................       35.89
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties in this 
proceeding within five days of the date of publication of this notice 
in accordance with 19 CFR 351.224(b).
    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the final verification report is issued in 
this proceeding. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\3\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this proceeding 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \3\ See 19 CFR 351.309.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce. All documents must be filed 
electronically using IA ACCESS. An electronically filed request must be 
received successfully in its entirety by IA ACCESS, by 5:00 p.m. 
Eastern Standard Time, within 30 days after the date of publication of 
this notice.\4\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230, at a time and 
date to be determined. Parties should confirm by telephone the date, 
time, and location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(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 Taiwan as described in the 
scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register.
    Pursuant to 19 CFR 351.205(d), we will instruct CBP to require a 
cash deposit equal to the weighted-average amount by which the NV 
exceeds export price, as indicated in the chart above.\5\ These 
suspension of liquidation instructions will remain in effect until 
further notice.
---------------------------------------------------------------------------

    \5\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
---------------------------------------------------------------------------

Postponement of Final Determination and Extension of Provisional 
Measures

    Pursuant to requests from the mandatory respondents, Motech and 
Gintech, we are postponing the final determination. Accordingly, we 
will make our final determination no later than 135 days after the date 
of publication of this preliminary determination, pursuant to section 
735(a)(2) of the Act.\6\ Further, Motech and Gintech requested to 
extend the application of the provisional measures prescribed under 
section 733(d) of the Act and 19 CFR 351.210(e)(2), from a four-month 
period to a six-month period. The suspension of liquidation described 
above will be extended accordingly.\7\
---------------------------------------------------------------------------

    \6\ See also 19 CFR 351.210(b)(2) and (e); see also Letter from 
Motech to the Department, regarding ``Request for Extension of Final 
Determination'' (July 9, 2014); see also Letter from Gintech to the 
Department, regarding ``Gintech Request to Postpone Final 
Determination'' (July 10, 2014); see also Letter from Petitioner to 
the Department, regarding ``Request to Extend Antidumping Duty Final 
Determination in the Event of a Negative Preliminary Determination'' 
(July 14, 2014).
    \7\ Id.
---------------------------------------------------------------------------

Certification Requirements

    If an importer imports solar panels/modules that it claims do not 
contain solar cells that were produced in Taiwan, the importer is 
required to maintain the importer certification included in the 
Department's cash deposit instructions. Furthermore, if an importer 
imports solar panels/modules that were assembled in Taiwan and it 
claims the panels/modules do not contain solar cells manufactured in 
third countries using ingots, wafers, or partially produced solar cells 
manufactured in Taiwan, the importer is required to maintain the 
certification included in the Department's cash deposit instructions. 
The importer and exporter are also required to maintain an exporter 
certification included in the Department's cash deposit instructions if 
the exporter of the panels/modules for which the importer is making the 
claim is located in Taiwan. The importer and Taiwan-exporter are also 
required to maintain sufficient documentation supporting their 
certifications. We note that while importers and Taiwan-exporters will 
be required to maintain the aforementioned certifications and 
documentation, they will not have to provide this information to CBP as 
part of the entry documents, unless the certification or documentation 
is specifically requested by CBP.
    If it is determined that the certification or documentation 
requirements noted in the certification have not been met, the 
Department intends to instruct CBP to suspend all unliquidated entries 
for which these requirements were not met and require the posting of an 
antidumping duty cash deposit on those entries equal to the exporter 
specific rate in effect at the time of the entry.
    If a solar panel/module contains some subject solar cells, or if a 
solar panel/module assembled in Taiwan contains solar cells 
manufactured in third countries using ingots, wafers, or partially 
produced solar cells manufactured in Taiwan but the importer is unable, 
or unwilling, to identify the total value of the panel/module subject 
to provisional measures, the Department intends to instruct CBP to 
suspend all unliquidated entries for which the importer has failed to 
supply this information and require the posting

[[Page 44397]]

of an antidumping duty cash deposit on the total entered value of the 
panel/module equal to the exporter specific rate in effect at the time 
of the entry.

International Trade Commission (``ITC'') Notification

    In accordance with section 733(f) of the Act, we have notified the 
ITC of our preliminary affirmative determination of sales at LTFV. 
Because the preliminary determination in this proceeding is 
affirmative, section 735(b)(2) of the Act requires that the ITC make 
its final determination as to whether the domestic industry in the 
United States is materially injured, or threatened with material 
injury, by reason of imports of certain solar products from Taiwan 
before the later of 120 days after the date of this preliminary 
determination or 45 days after our final determination. Because we are 
postponing the deadline for our final determination to 135 days from 
the date of publication of this preliminary determination, as discussed 
above, the ITC will make its final determination no later than 45 days 
after our final determination.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: July 24, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Period of Investigation
4. Postponement of Preliminary Determination
5. Postponement of Final Determination and Extension of Provisional 
Measures
6. Scope of the Investigation
7. Scope Comments
8. Selection of Respondents
9. Discussion of Methodology
10. Fair Value Comparisons
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
11. Product Comparisons
12. Exclusions of Reported Indirect Sales to China for Gintech and 
Motech
13. Exclusions of Further Manufactured Sales for Motech
14. Date of Sale
15. Export Price/Constructed Export Price
    A. Gintech
    B. Motech
16. Normal Value
    A. Home-Market Viability
    B. Affiliated Party Transactions and Arm's-Length Test
    C. Level of Trade
    a. Gintech
    b. Motech
    D. Cost of Production
    a. Calculation of Cost of Production
    b. Test of Comparison Market Prices
    c. Results of the Cots of Production Test
    E. Calculation of Normal Value Based on Comparison Market Prices
17. Currency Conversion
18. Verification
19. Conclusion

[FR Doc. 2014-18055 Filed 7-30-14; 8:45 am]
BILLING CODE 3510-DS-P