[Federal Register Volume 79, Number 246 (Tuesday, December 23, 2014)]
[Notices]
[Pages 76962-76965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30071]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-011]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) published the 
Preliminary Determination of the countervailing duty (CVD) 
investigation of certain crystalline silicon photovoltaic products 
(certain solar products) from the People's Republic of China (the PRC) 
on June 10, 2014.\1\ The Department determines that countervailable 
subsidies are being provided to producers and exporters of certain 
solar products from the PRC. For information on the estimated subsidy 
rates, see the ``Suspension of Liquidation'' section of this notice. 
The period of investigation (POI) is January 1, 2012, through December 
31, 2012.
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    \1\ See Certain Crystalline Silicon Photovoltaic Products From 
the People's Republic of China: Preliminary Affirmative 
Countervailing Duty Determination, 79 FR 33174 (June 10, 2014) 
(Preliminary Determination).

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DATES: Effective Date: December 23, 2014.

FOR FURTHER INFORMATION CONTACT: Gene Calvert or Justin Neuman, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; Phone: (202) 482-3586, 
or (202) 482-0486, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The petitioner, SolarWorld Americas, Inc., filed its petition with 
the Department on December 31, 2013, seeking the imposition of 
countervailing duties on certain solar products from the PRC and we 
initiated this investigation on January 29, 2014.\2\ The Department 
published the Preliminary Determination on June 10, 2014. On

[[Page 76963]]

June 9, 2014, the Government of the People's Republic of China 
submitted a ministerial error allegation regarding aspects of the 
Preliminary Determination. On June 10, 2014, the mandatory company 
respondents, Changzhou Trina Solar Energy Co., Ltd. and its cross-owned 
affiliate Trina Solar (Changzhou) Science & Technology Co., Ltd. 
(Collectively, Trina Solar), and Wuxi Suntech Power Co., Ltd. and its 
cross-owned affiliates also submitted a ministerial error allegation. 
On July 31, 2014, we aligned the final determination in this 
investigation with the final determination in the companion antidumping 
duty investigation on certain solar products from the PRC.\3\ On August 
15, 2014, the Department rejected the Government of the People's 
Republic of China's (the GOC's) June 9, 2014, ministerial error 
allegation, as well as Trina Solar's and Wuxi Suntech's June 10, 2014, 
submissions, explaining that their submissions were noncompliant with 
the Department's procedures for submitting factual information. Trina 
Solar and Wuxi Suntech each timely resubmitted their ministerial error 
allegations on August 19, 2014. On August 21, 2014, the Department 
determined that no ministerial errors exist with respect to Trina 
Solar's and Wuxi Suntech's allegations.\4\ Between August 20 and 
September 2, 2014, we conducted verification of the questionnaire 
responses submitted by the GOC, Trina Solar, and Wuxi Suntech.\5\
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    \2\ See Letter from Petitioner, ``Petition for the Imposition of 
Antidumping and Countervailing Duties: Certain Crystalline Silicon 
Photovoltaic Products from the People's Republic of China and 
Taiwan,'' (December 31, 2013) (the petition); Certain Crystalline 
Silicon Photovoltaic Products From the People's Republic of China: 
Initiation of Countervailing Duty Investigation, 79 FR 4667 (January 
29, 2014) (Initiation Notice).
    \3\ See Certain Crystalline Silicon Photovoltaic Products From 
the People's Republic of China: Alignment of Final Countervailing 
Duty Determination With Final Antidumping Duty Determination, 79 FR 
44402 (July 31, 2014).
    \4\ See Department Memorandum, ``Allegations of Ministerial 
Errors in the Preliminary Determination,'' (August 21, 2014).
    \5\ See Department Memoranda, ``Verification of the 
Questionnaire Responses Submitted by Changzhou Trina Solar Energy 
Co., Ltd. and its Cross-Owned Companies,'' (October 2, 2014); 
``Verification of the Questionnaire Responses Submitted by the 
Government of the People's Republic of China,'' (October 3, 2014); 
and ``Verification of the Questionnaire Responses Submitted by Wuxi 
Suntech Power Co., Ltd. and its Cross-Owned Companies,'' (October 3, 
2014).
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    On October 3, 2014, in response to interested parties' comments on 
the scope of this investigation, the Department announced that it was 
considering the possibility of a scope clarification, described the 
possible clarification, and provided interested parties with an 
opportunity to submit comments on the potential clarification.\6\
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    \6\ See Letter to All Interested Parties, ``Antidumping and 
Countervailing Duty Investigations of Certain Crystalline Silicon 
Photovoltaic Products from the People's Republic of China and the 
Antidumping Duty Investigation of Certain Crystalline Silicon 
Photovoltaic Products from Taiwan: Opportunity to Submit Scope 
Comments,'' (October 3, 2014).
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    Between October 16 and October 27, 2014, interested parties 
submitted case and rebuttal briefs. We did not conduct a hearing in 
this proceeding, as any requests for a hearing were timely withdrawn. A 
full discussion of the issues raised by parties for this final 
determination may be found in the Final Decision Memorandum.\7\ The 
Final Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS).\8\ 
ACCESS is available to registered users at http://access.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 Final Decision Memorandum can be accessed directly at 
http://enforcement.trade.gov/frn/. The signed Final Decision Memorandum 
and the electronic version are identical in content.
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    \7\ See the Department's Memorandum to Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Issues and Decision 
Memorandum for the Final Determination in the Countervailing Duty 
Investigation of Certain Crystalline Silicon Photovoltaic Products 
from the People's Republic of China,'' dated concurrently with this 
notice and hereby adopted by this notice (Final Decision 
Memorandum).
    \8\ On November 24, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (IA ACCESS) to AD and CVD Centralized 
Electronic Service System (ACCESS). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046 (November 20, 2014).
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Scope Comments and Scope Clarification

    As indicated in the ``Background'' section above, the Department 
received comments regarding the scope of this investigation from 
numerous interested parties. The Department summarized these comments 
and addressed them in the accompanying Final Decision Memorandum.\9\ As 
explained in the Final Decision Memorandum, to facilitate the scope's 
administrability and enforcement, we have clarified the scope language 
such that subject merchandise includes all modules, laminates and/or 
panels assembled in the PRC that contain crystalline silicon 
photovoltaic cells produced in a customs territory other than the 
PRC.\10\ The scope of the investigation for this final determination is 
below.
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    \9\ See Final Decision Memorandum at Comment 1, ``Scope Comments 
and Scope Clarification.''
    \10\ Id.
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Scope of the Investigation

    The merchandise covered by this investigation is 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 includes modules, laminates and/or 
panels assembled in the PRC consisting of crystalline silicon 
photovoltaic cells produced in a customs territory other than the PRC.
    Subject merchandise includes modules, laminates and/or panels 
assembled in the PRC consisting of 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 modules, laminates 
and/or panels assembled in the PRC, consisting of crystalline silicon 
photovoltaic cells, not exceeding 10,000mm\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 cells. Where more than 
one module, laminate and/or panel is permanently integrated into a 
consumer good, the surface area for purposes of this exclusion shall be 
the total combined surface area of all modules, laminates and/or panels 
that are integrated into the consumer good. Further, 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, 
laminates and/or panels, from the PRC.\11\
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    \11\ 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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[[Page 76964]]

    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.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Final Decision Memorandum. A list of the issues that 
parties raised, and to which we responded in the Final Decision 
Memorandum, is attached to this notice as an Appendix.

Use of Adverse Facts Available

    The Department notes that, in making these findings, we relied, in 
part, on facts available and, because one or more respondents did not 
act to the best of their ability to respond to the Department's 
requests for information, we drew an adverse inference where 
appropriate in selecting from among the facts otherwise available.\12\ 
For further information, see the section ``Use of Facts Otherwise 
Available and Adverse Inferences,'' in the Final Decision Memorandum.
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    \12\ See sections 776(a) and (b) of the Tariff Act of 1930, as 
amended (the Act).
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Suspension of Liquidation

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated a rate for each company respondent. Section 705(c)(5)(A)(i) 
of the Act states that, for companies not individually investigated, we 
will determine an ``all others'' rate equal to the weighted-average 
countervailable subsidy rates established for exporters and producers 
individually investigated, excluding zero and de minimis 
countervailable subsidy rates, and any rates determined entirely under 
section 776 of the Act.
    In accordance with section 703(d) and 705(c)(5)(A) of the Act, for 
companies not investigated, we apply an ``all others'' rate, which is 
normally calculated by weighing the subsidy rates of the individual 
companies selected as 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. Where the rates for the investigated companies are all 
zero or de minimis, 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 company respondents, 
because doing so risks disclosure of proprietary information. 
Therefore, and consistent with the Department's practice, for the all 
others rate, we calculated a simple average of the two company 
respondents' rates.\13\ We determine the total estimated net 
countervailable subsidy rates to be:
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    \13\ See, e.g., Countervailing Duty Investigation of Chlorinated 
Isocyanurates From the People's Republic of China: Preliminary 
Determination and Alignment of Final Determination With Final 
Antidumping Determination, 79 FR 10097 (February 24, 2014), 
unchanged in Countervailing Duty Investigation of Chlorinated 
Isocyanurates From the People's Republic of China: Final Affirmative 
Countervailing Duty Determination, 79 FR 56560 (September 22, 2014).

------------------------------------------------------------------------
                                                           Subsidy Rate
                        Company                            (ad valorem)
                                                            (Percent)
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Wuxi Suntech Power Co., Ltd............................           27.64
Changzhou Trina Solar Energy Co., Ltd..................           49.79
All Others.............................................           38.72
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    As a result of our Preliminary Determination, and pursuant to 
section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (CBP) to suspend liquidation of all entries of merchandise 
under consideration from the PRC that were entered or withdrawn from 
warehouse, for consumption, on or after June 10, the date of 
publication of the Preliminary Determination in the Federal Register. 
In accordance with section 703(d) of the Act, we issued instructions to 
CBP to discontinue the suspension of liquidation for CVD purposes for 
subject merchandise entered, or withdrawn from warehouse, on or after 
October 8, 2014, but to continue the suspension of liquidation of all 
entries from June 10, 2014 through October 7, 2014.\14\
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    \14\ See CBP's Antidumping Duty and Countervailing Duty Message 
Database, http://adcvd.cbp.dhs.gov/adcvdweb/, at Message No. 4283302 
(October 10, 2014).
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    If the U.S. International Trade Commission (the ITC) issues a final 
affirmative injury determination, we will issue a CVD order and will 
reinstate the suspension of liquidation under section 706(a) of the Act 
and will require a cash deposit of estimated CVDs for such entries of 
subject merchandise in the amounts indicated above. If the ITC 
determines that material injury, or threat of material injury, does not 
exist, this proceeding will be terminated and all estimated duties 
deposited or securities posted as a result of the suspension of 
liquidation will be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related 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 (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Return or Destruction of Proprietary Information

    In the event the ITC issues a final negative injury determination, 
this notice will serve as the only reminder to parties subject to an 
APO of their responsibility concerning the destruction of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

    Dated: December 15, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Final Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Application of the Countervailing Duty Law to Imports from the 
PRC
V. Subsidies Valuation Information
VI. Benchmarks and Discount Rates
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs

[[Page 76965]]

IX. Analysis of Comments
Comment 1: Scope Comments and Scope Clarification
Comment 2: Whether the Department Should Investigate the Effects of 
the GOC's Alleged Cyberhacking on this Investigation
Comment 3: Whether Input Providers are ``Authorities'' Within the 
Meaning of the Act
Comment 4: Whether the Provision of Chinese Polysilicon for LTAR is 
Countervailable
Comment 5: Whether the Department Should Attribute Subsidies Under 
the Provision of Polysilicon for LTAR Program to Wuxi Suntech's 
Cross-owned Companies
Comment 6: Whether the Provision of Aluminum Extrusions for LTAR is 
Countervailable
Comment 7: Whether the Provision of Solar Glass for LTAR is 
Countervailable
Comment 8: Whether AFA is Applicable to Trina Solar's Land Purchases
Comment 9: Whether All Banks in China Offering Preferential Loans to 
Respondents Constitute ``Authorities''
Comment 10: Whether the Department Should Adjust Its Benefit 
Calculations for Loans Received by Wuxi Suntech and Zhenjiang Ren De
Comment 11: Whether the High or New Technology Tax Program is 
Specific
Comment 12: Whether the Tax Offsets for R&D under the Enterprise 
Income Tax Law Program is Specific
Comment 13: Whether the Department Should Adjust Its Benefit 
Calculation for Wuxi Suntech's Use of the ``Preferential Income Tax 
Program for High or New Technology Enterprises'' and for the ``Tax 
Offsets for R&D under the Enterprise Income Tax Law'' Programs
Comment 14: Whether the Golden Sun Program is Countervailable
Comment 15: Whether the Department Should Countervail the 
``Discovered Subsidies'' or Subsidies Discovered During the Course 
of Verification
Comment 16: Whether the Department Should Apply AFA to the Ex-Im 
Bank Buyer's Credit Program
Comment 17: Whether the Department Should Find Trina Solar and Wuxi 
Suntech to be Uncreditworthy
Comment 18: Whether the Department Should Adjust the Sales 
Denominators Used in Calculating Subsidy Benefits for Wuxi Suntech
Comment 19: Whether the Department Should Accept the Minor 
Corrections Presented by Wuxi Suntech at Verification
X. Recommendation Attachment

[FR Doc. 2014-30071 Filed 12-22-14; 8:45 am]
BILLING CODE 3510-DS-P