[Federal Register Volume 79, Number 246 (Tuesday, December 23, 2014)]
[Notices]
[Pages 76970-76975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30092]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-010]
Certain Crystalline Silicon Photovoltaic Products From the
People's Republic of China: Final Determination of Sales at Less Than
Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: December 23, 2014.
SUMMARY: The Department of Commerce (the Department) determines that
certain crystalline silicon photovoltaic products (certain solar
products) from the People's Republic of China (PRC) are being, or are
likely to be, sold in the United States at less than fair value (LTFV),
as provided in section 735 of the Tariff Act of 1930, as amended (the
Act). The final weighted-average dumping margins for this investigation
are listed in the ``Final Determination Margins'' section below.
FOR FURTHER INFORMATION CONTACT: Jeffrey Pedersen or Thomas Martin, 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-
2769 or (202) 482-3936, respectively.
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\1\ See Certain Crystalline Silicon Photovoltaic Products From
the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 79 FR 44399 (July 31, 2014) (``Preliminary
Determination'').
SUPPLEMENTARY INFORMATION:
Background
The Department published the preliminary determination in the LTFV
investigation of certain solar products from the PRC on July 31,
2014.\1\ The following events occurred since the preliminary
determination. Between August 4 and 14, 2014, the Department conducted
a verification of Changzhou Trina Solar Energy Co., Ltd. and Trina
Solar (Changzhou) Science & Technology Co., Ltd. (collectively, Trina
[[Page 76971]]
Solar) in Changzhou, PRC, and conducted a verification of their U.S.
sales affiliate, Trina Solar (U.S.) Inc., in San Jose, California.
Between August 7 and 20, 2014, the Department conducted a verification
of Renesola Jiangsu Ltd., Renesola America Inc., Jinko Solar Import and
Export Co., Ltd., and Jinko Solar (U.S.) Inc., in Shanghai and Yixing,
PRC, and in San Francisco, California.\2\ The Department issued the
verification reports regarding Trina Solar on September 26, 2014.\3\
The Department issued the verification reports regarding Renesola/Jinko
on September 30 and October 2, 2014.\4\
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\2\ The Department is treating the Renesola and Jinko companies
under investigation as a single entity hereinafter collectively
referred to as Renesola/Jinko. See Memorandum to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, From Christian
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations regarding Certain Crystalline Silicon Photovoltaic
Products from the People's Republic of China: Issues and Decision
Memorandum for the Final Determination of Sales at Less Than Fair
Value,'' dated concurrently with and hereby adopted by this notice
(``Issues and Decision Memorandum'') at Comment 16.
\3\ See Memorandum to the File, from Erin Kearney, Patrick
O'Connor, and Jeff Pedersen, International Trade Compliance
Analysts, AD/CVD Operations, Office IV, titled ``Verification of the
Sales and Factors of Production Information Submitted by Changzhou
Trina Solar Energy Co., Ltd. in the Antidumping Duty Investigation
of Certain Crystalline Silicon Photovoltaic Products from the
People's Republic of China (``PRC''),'' dated September 26, 2014;
see Memorandum to the File, from Patrick O'Connor and Jeff Pedersen,
International Trade Compliance Analysts, AD/CVD Operations, Office
IV, titled ``Verification of Trina Solar (U.S.) Inc. in the
Antidumping Duty Investigation of Certain Crystalline Silicon
Photovoltaic Products from the People's Republic of China
(``PRC''),'' dated September 26, 2014.
\4\ See Memorandum to the File, from Thomas Martin, Lilit
Astvatsatrian, Theresa Deeley, International Trade Compliance
Analysts, AD/CVD Operations, Office IV, titled ``Verification of the
Sales Responses of Renesola America Inc. in the Antidumping
Investigation of Certain Silicon Crystalline Photovoltaic Products
from the People's Republic of China,'' dated September 30, 2014; see
Memorandum to the File, from Thomas Martin, Lilit Astvatsatrian,
Theresa Deeley, International Trade Compliance Analysts, AD/CVD
Operations, Office IV, titled ``Verification of Jinko Solar Import &
Export Co., Ltd. and Jinko Solar (U.S.) Inc. in the Antidumping Duty
Investigation of Certain Crystalline Silicon Photovoltaic Products,
from the People's Republic of China (``PRC''),'' dated September 30,
2014; see Memorandum to the File, from Thomas Martin, Lilit
Astvatsatrian, Theresa Deeley, International Trade Compliance
Analysts, AD/CVD Operations, Office IV, titled ``Verification of the
Sales and Factors Responses of Renesola Jiangsu Ltd. in the
Antidumping Duty Investigation of Certain Silicon Crystalline
Photovoltaic Products from the People's Republic of China,'' dated
October 2, 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.\5\
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\5\ See Letter to All Interested Parties ``Re: 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,'' dated October 3, 2014.
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On October 16, 2014, Trina Solar, Renesola/Jinko, SolarWorld
Americas Inc. (Petitioner) (formerly SolarWorld Industries America,
Inc.), the Government of the PRC, a U.S. importer, Suniva Inc., and
certain separate rate applicants submitted case briefs.\6\ From October
22, 2014 to October 27, 2014, Trina Solar, Renesola/Jinko, Petitioner,
and certain separate rate applicants submitted rebuttal briefs.\7\
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\6\ See Letter from fourteen separate rate applicants, ``Re:
Antidumping and Countervailing Duty Investigations of Certain
Crystalline Silicon Photovoltaic Products from the People's Republic
of China, and Antidumping Duty Investigation of Certain Crystalline
Silicon Photo voltaic Products from Taiwan: Respondents' Case
Brief,'' dated October 16, 2014; Letter from the PRC Government,
``Re: Government of China's Case Brief: Certain Crystalline Silicon
Photovoltaic Products from the People's Republic Of China,'' dated
October 16, 2014; Letter from Asun Energy Co., Ltd. (a/k/a Suzhou
Asun Energy Co., Ltd.), ``Re: Administrative Case Brief: Antidumping
Duty Investigation of Certain Crystalline Silicon Photovoltaic
Products from the People's Republic of China (A-570-010),'' dated
October 16, 2014; Letter from Trina, ``Re: Certain Crystalline
Silicon Photovoltaic Products from the People's Republic of China;
Case Brief of Changzhou Trina Solar Energy Co., Ltd.,'' dated
October 16, 2014; Letter from Renesola, ``Re: Certain Crystalline
Silicon Photovoltaic Products from China; Case Brief,'' dated
October 16, 2014; Letter from Junco, ``Re: Certain Crystalline
Silicon Photovoltaic Products from the People's Republic of China:
Case Brief,'' dated October 16, 2014; Letter from Hanwha QCELLS USA,
Inc., ``Re: Certain Crystalline Silicon Photovoltaic Products from
the People's Republic of China,'' dated October 16, 2014; Letter
from Suniva, Inc., ``Re: Case Brief on Scope Issues Certain
Crystalline Silicon Photovoltaic Products from China and Taiwan,''
dated October 16, 2014; Letter from tenKsolar (Shanghai) Co., Ltd.,
``Re: Certain Crystalline Silicon Photovoltaic Products from the
People's Republic of China and Taiwan- Case Brief,'' dated October
16, 2014; Letter from SNJ Enterprises LLC dba Zamp Solar and Quebec
Inc. dba RDK Products, ``Re: Certain Crystalline Silicon
Photovoltaic Products from the People's Republic of China: Case
Brief,'' dated October 16, 2014; Letter from Petitioner, ``Re:
Certain Crystalline Silicon Photovoltaic Products from the People's
Republic of China: Case Brief of Solar World Americas, Inc.,'' dated
October 16, 2014.
\7\ See Letter from Hanwha SolarOne (Qidong) Co., Ltd. and
Hanwha SolarOne Hong Kong Limited, ``Re: Rebuttal Brief: Antidumping
Duty Investigation of Certain Crystalline Silicon Photovoltaic
Products from the People's Republic of China (A-570-010),'' dated
October 22, 2014; Letter from Asun Energy Co., Ltd. (a/k/a Suzhou
Asun Energy Co., Ltd.), ``Re: Rebuttal Brief: Antidumping/
Countervailing Duty Investigations of Certain Crystalline Silicon
Photovoltaic Products from the People's Republic of China,'' dated
October 22, 2014; Letter from Shangluo BYD Industrial Co., Ltd. and
Shanghai BYD Co., Ltd. ``Re: Crystalline Silicon Photovoltaic
Products from the People's Republic of China and Taiwan: Rebuttal
Brief,'' dated October 22, 2014; Letter from Changzhou Almaden Co.,
Ltd., ``Re: Crystalline Silicon Photovoltaic Products from P.R.
China: Rebuttal Brief,'' dated October 22, 2014; Letter from
Renesola ``Re: Certain Crystalline Silicon Photovoltaic Products
from China; Rebuttal Brief,'' dated October 22, 2014; Letter from
Petitioner, ``Re: Certain Crystalline Silicon Photovoltaic Products
from the People's Republic of China: Rebuttal Brief of Solar World
Americas, Inc.,'' dated October 22, 2014; Letter from Trina, ``Re:
Certain Crystalline Silicon Photovoltaic Products from the People's
Republic of China: Rebuttal Brief of Changzhou Trina Solar Energy
Co., Ltd.,'' dated October 22, 2014. see also Letter from fourteen
separate rate applicants, ``Re: Antidumping and Countervailing Duty
Investigations of Certain Crystalline Silicon Photovoltaic Products
from the People's Republic of China, and Antidumping Duty
Investigation of Certain Crystalline Silicon Photo voltaic Products
from Taiwan: Respondents' Rebuttal Brief,'' dated October 27, 2014;
Letter from Hanwha QCELLS USA, Inc. ``Re: Certain Crystalline
Silicon Photovoltaic Products from the People's Republic of China,''
dated October 27, 2014; Letter from SNJ Enterprises LLC dba Zamp
Solar LLC and Quebec Inc. dba RDK Products, ``Re: Certain
Crystalline Silicon Photovoltaic Products from the People's Republic
of China: Rebuttal Brief,'' dated October 27, 2014; Letter from
Petitioner, ``Re: Certain Crystalline Silicon Photovoltaic Products
from the People's Republic of China: SolarWorld's Rebuttal Brief on
Scope,'' dated October 27, 2014.
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Although certain parties requested that a hearing be held, on
October 24, 2014, all requests were subsequently withdrawn. Thus, the
Department did not hold a hearing with respect to this investigation.
Period of Investigation
The period of investigation (POI) is April 1, 2013, through
September 30, 2013. This period corresponds to the two most recent
fiscal quarters prior to the month of the filing of the petition, which
was December 2013.\8\
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\8\ 19 CFR 351.204(b)(1).
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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 Issues and Decision
Memorandum.\9\ As explained in the Issues and Decision Memorandum, 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 Issues and Decision Memorandum.
\10\ Id. at Comment 1.
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[[Page 76972]]
Certifications No Longer Required for This Proceeding
In the Preliminary Determination, the Department announced that (1)
if an importer imports solar modules that were assembled in the PRC and
(2) claims the solar modules do not contain solar cells manufactured in
third countries using ingots, wafers, or partially produced solar cells
manufactured in the PRC, the importer and PRC exporter of those solar
modules are required to certify the claim and maintain documentation
supporting the certifications.\11\ However, given the clarification to
the scope language, the Department is revoking the importer and
exporter certification requirements announced in the Preliminary
Determination. Importers and PRC exporters will not be required to
maintain the certifications identified in the Preliminary Determination
for merchandise entered, or withdrawn from warehouse, for consumption
on or after July 31, 2014, the date of publication of the Preliminary
Determination notice in the Federal Register. The revocation of the
certification requirements previously established in this investigation
does not change or rescind the certification requirements established
in connection with the existing AD order on crystalline silicon
photovoltaic cells, whether or not assembled into modules, from the
PRC.\12\
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\11\ Preliminary Determination, 79 FR 44901-44902.
\12\ Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People's Republic of China: Final
Affirmative Countervailing Duty Determination and Final Affirmative
Critical Circumstances Determination, 77 FR 63788 (October 17, 2012)
(``crystalline silicon photovoltaic cells, whether or not assembled
into modules, from the PRC'').
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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.\13\
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\13\ 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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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 Comments Received
All issues raised in the case and rebuttal briefs by parties to
this investigation are addressed in the Issues and Decision Memorandum.
A list of the issues which the parties raised and to which the
Department responded in the Issues and Decision Memorandum is attached
to this notice as an Appendix. The Issues and Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
http://access.trade.gov and it 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 Issues and Decision
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision
Memorandum are identical in content.
Changes to the Margin Calculations Since the Preliminary Determination
Based on the Department's analysis of the comments received and our
findings at verification, we made certain changes to the margin
calculations. For a discussion of these changes, see the Issues and
Decision Memorandum, the company-specific analysis and surrogate value
memoranda, and the separate rate calculation memorandum, all dated
concurrently with this notice.
Verification
As provided in section 782(i) of the Act and 19 CFR
351.307(b)(1)(i), in August 2014, the Department verified the
information submitted by Trina Solar and Renesola/Jinko for use in the
final determination. The Department used standard verification
procedures, including examination of relevant accounting and production
records and original source documents provided by Trina Solar and
Renesola/Jinko.
Final Determination Margins
The Department determines that the following weighted-average
dumping margins exist for the period April 1, 2013 through September
30, 2013.
[[Page 76973]]
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Weighted-
average dumping
Exporter Producer margin
(percent)
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Changzhou Trina Solar Energy Changzhou Trina Solar 26.71
Co., Ltd./Trina Solar Energy Co., Ltd./
(Changzhou) Science & Trina Solar
Technology Co., Ltd. (Changzhou) Science &
Technology Co., Ltd.
Renesola Jiangsu Ltd./Renesola Renesola Jiangsu Ltd./ 78.42
Zhejiang Ltd./Jinko Solar Co. Jinko Solar Co. Ltd..
Ltd./Jinko Solar Import and
Export Co., Ltd.
Anji DaSol Solar Energy Anji DaSol Solar 52.13
Science & Technology Co., Energy Science &
Ltd.. Technology Co., Ltd..
Asun Energy Co., Ltd. (a/k/a Asun Energy Co., Ltd. 52.13
Suzhou Asun Energy Co., Ltd.). (a/k/a Suzhou Asun
Energy Co., Ltd.).
Baoding Tianwei Yingli New Baoding Tianwei Yingli 52.13
Energy Resources Co. , Ltd.. New Energy Resources
Co., Ltd., Yingli
Energy (China) Co.,
Ltd., and Lixian
Yingli New Energy
Co., Ltd..
BYD (Shangluo) Industrial Co., BYD (Shangluo) 52.13
Ltd.. Industrial Co., Ltd..
Canadian Solar International Canadian Solar 52.13
Limited. Manufacturing
(Luoyang) Inc.,
Canadian Solar
Manufacturing
(Changshu), Inc.
Canadian Solar Manufacturing Canadian Solar 52.13
(Changshu), Inc. Manufacturing
(Changshu), Inc.
Canadian Solar Manufacturing Canadian Solar 52.13
(Luoyang) Inc. Manufacturing
(Luoyang) Inc.
CEEG Nanjing Renewable Energy CEEG Nanjing Renewable 52.13
Co., Ltd.. Energy Co., Ltd..
Changzhou Almaden Co., Ltd.... Changzhou Almaden Co., 52.13
Ltd..
Chint Solar (Zhejiang) Co., Chint Solar (Zhejiang) 52.13
Ltd.. Co., Ltd..
ET Solar Industry Limited..... ET Solar Industry 52.13
Limited.
Hainan Yingli New Energy Hainan Yingli New 52.13
Resources Co. Ltd.. Energy Resources Co.
Ltd..
Hangzhou Zhejiang University Hangzhou Zhejiang 52.13
Sunny Energy Science and University Sunny
Technology Co., Ltd. Energy Science and
Technology Co., Ltd.
Hanwha SolarOne (Qidong) Co., Hanwha SolarOne 52.13
Ltd.. (Qidong) Co., Ltd..
Hanwha SolarOne Hong Kong Hanwha SolarOne 52.13
Limited. (Qidong) Co., Ltd..
Hefei JA Solar Technology Co., Hefei JA Solar 52.13
Ltd.. Technology Co., Ltd..
Hengdian Group DMEGC Magnetics Hengdian Group DMEGC 52.13
Co., Ltd.. Magnetics Co., Ltd..
Hengshui Yingli New Energy Hengshui Yingli New 52.13
Resources Company Limited. Energy Resources
Company Limited.
Jiangyin Hareon Power Co., Jiangyin Xinhui Solar 52.13
Ltd.. Co., Ltd.; Altusvia
Energy Taicang Co.,
Ltd.; Hareon Solar
Technology Co., Ltd..
Jiawei Solarchina Co., Ltd.... Jiawei Solarchina 52.13
(Shenzhen) Co., Ltd..
Jiawei Technology (HK) Ltd.... Shenzhen Jiawei 52.13
Photovoltaic Lighting
Co. Ltd..
LDK Solar Hi-Tech (Nanchang) LDK Solar Hi-Tech 52.13
Co., Ltd.. (Nanchang) Co., Ltd..
Lixian Yingli New Energy Lixian Yingli New 52.13
Company Ltd.. Energy Company Ltd..
MOTECH (Suzhou) Renewable MOTECH (Suzhou) 52.13
Energy Co., Ltd.. Renewable Energy Co.,
Ltd..
Ningbo Qixin Solar Electrical Ningbo Qixin Solar 52.13
Appliance Co., Ltd.. Electrical Appliance
Co., Ltd..
Perlight Solar Co., Ltd....... Perlight Solar Co., 52.13
Ltd..
Risen Energy Co., Ltd......... Risen Energy Co., Ltd. 52.13
Shanghai JA Solar Technology Shanghai JA Solar 52.13
Co., Ltd.. Technology Co., Ltd..
Shanghai Solar Energy Science Lianyungang Shenzhou 52.13
& Technology Co., Ltd.. New Energy Co., Ltd..
Shenzhen Jiawei Photovoltaic Shenzhen Jiawei 52.13
Lighting Co. Ltd.. Photovoltaic Lighting
Co. Ltd..
Shenzhen Sungold Solar Co., Shenzhen Sungold Solar 52.13
Ltd.. Co., Ltd..
Shenzhen Topray Solar Co., Shenzhen Topray Solar 52.13
Ltd.. Co., Ltd..
Sun Earth Solar Power Co., Sun Earth Solar Power 52.13
Ltd.. Co., Ltd..
Sunny Apex Development Ltd.... Shenzhen Jiawei 52.13
Photovoltaic Lighting
Co. Ltd., Wuhan FYY
Technology Co., Ltd..
SunPower Systems SARL......... SunEnergy (S.Z.) Co., 52.13
Ltd..
tenKsolar (Shanghai) Co., Ltd. tenKsolar (Shanghai) 52.13
Co., Ltd..
Upsolar Global Co., Ltd. and Shandong Dahai Group 52.13
including Upsolar Group, Co., Co. Ltd..
Ltd..
Wanxiang Import & Export Co., Zhejiang Wanxiang 52.13
Ltd.. Solar Co., Ltd..
Wuhan FYY Technology Co., Ltd. Wuhan FYY Technology 52.13
Co., Ltd..
Wuxi Suntech Power Co., Ltd... Wuxi Suntech Power 52.13
Co., Ltd..
Yingli Energy (China) Company Yingli Energy (China) 52.13
Limited. Company Limited,
Baoding Tianwei
Yingli New Energy
Resources Co., Ltd.
and Lixian Yingli New
Energy Co., Ltd..
Yingli Green Energy Yingli Energy (China) 52.13
International Trading Limited. Company Limited,
Baoding Tianwei
Yingli New Energy
Resources Co., Ltd.,
and Hainan Yingli New
Energy Resources Co.,
Ltd..
Zhongli Talesun Solar Co., Zhongli Talesun Solar 52.13
Ltd.. Co., Ltd..
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PRC-Wide Rate 165.04
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PRC-Wide Entity
Consistent with the Preliminary Determination, the PRC-wide entity
includes, among other companies, CSG PVTech Co., Ltd.; Lianyungang
Shenzhou New Energy Co., Ltd.; Lightway Green New Energy Co., Ltd.;
SunEnergy (S.Z.) Co., Ltd.; SunPower Corporation (U.S.); Jiawei
Solarchina (Shenzhen) Co., Ltd.; and Sumec Hardware & Tools Co., Ltd.
We found these companies either have not demonstrated an absence of de
facto government control, or did not have a sales transaction during
the POI that provided a basis for granting separate rate status.\14\
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\14\ See the memorandum from Jeff Pedersen, Senior International
Trade Analyst, Office IV, AD/CVD Operations to Abdelali Elouaradia,
Director, Office IV AD/CVD Operations regarding ``Companies Not
Receiving a Separate Rate,'' dated July 24, 2014; see also Comments
7 and 8 of the Issues and Decision Memorandum.
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[[Page 76974]]
The PRC-wide entity also includes 35 PRC exporters and/or producers
of the merchandise under consideration during the POI that did not
respond to the Department's request for information.\15\ These
companies withheld necessary information, failed to provide information
by the established deadlines, and significantly impeded this proceeding
by not submitting the requested quantity and value information within
the meaning of sections 776(a)(1) and (a)(2)(A)-(C) of the Act, and
further, failed to cooperate by not acting to the best of their ability
to comply with the Department's requests for information within the
meaning of section 776(b) of the Act. Therefore, we are continuing to
apply adverse facts available to the PRC-wide entity. See Issues and
Decision Memorandum for further discussion.
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\15\ Those companies are: Beijing Hope Industry, China Sunergy,
CNPV, EGing, ENN Solar Energy, Era Solar, Goldpoly (Quanzhou), Himin
Holdings, Jetion, Jia Yi Energy Technology, Jiasheng Photovoltaic
Tech., Jiutai Energy, Komaes Solar, Leye Photovoltaic Science Tech.,
Magi Solar Technology, Perfectenergy, Polar Photovoltaics,
Qiangsheng (QS Solar), Refine Solar, Risun Solar (JiangXi Ruijing
Solar Power Co., Ltd.), Shanghai Chaori Solar Energy, Shangpin
Solar, Shanshan Ulica, Shenglong PV-Tech, Shenzhen Global Solar
Energy Tech., Shuqimeng Energy Tech, Skybasesolar, Solargiga Energy
Holdings Ltd., Sopray Solar, Sunlink PV, Tianjin Jinneng Solar Cell,
Topsolar, Trony, Weihai China Glass Solar, and Yuhan Sinosola. For
an additional 12 PRC exporters and/or producers of merchandise that
were named in the Petition, the Department issued a questionnaire,
but did not receive confirmation of delivery. Those companies are:
Aiko Solar, Best Solar Hi-tech, Dai Hwa Industrial, Eoplly New
Energy, Golden Partner development, Innovosolar, Jiangxi Green Power
Co. Ltd., Sanjing Silicon, Sunflower, Sunvim Solar Technology,
Yunnan Tianda, and Yunnan Zhuoye Energy. See memorandum to the file
from Erin Kearney, International Trade Analyst, Office 4, AD/CVD
Operations on the subject ``Delivery of Quantity and Value
Questionnaires'' dated March 12, 2014.
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Disclosure
We intend to disclose to parties the calculations performed in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Separate Rate
The rate assigned to companies granted separate rate status that
were not individually examined is normally determined based on the
weighted-average of the estimated dumping margins calculated for
exporters and producers individually investigated, excluding zero and
de minimis margins or margins based entirely on facts available
(FA).\16\ In this investigation, we calculated above de minimis
estimated weighted-average dumping margins that are not based on total
FA for the two mandatory respondents, Trina Solar and Renesola/Jinko.
Because we individually examined two companies in this investigation,
basing the estimated dumping margin for the companies not individually
examined on a weighted-average of the dumping margins for the two
individually examined companies risks disclosure of business
proprietary information (BPI). Therefore, we calculated both a
weighted-average of the dumping margins calculated for the two
mandatory respondents using public values for their sales of subject
merchandise and a simple average of these two dumping margins, and
selected, as the separate rate, the average that provides a more
accurate proxy for the weighted-average margin of both companies
calculated using BPI.\17\
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\16\ See section 735(c)(5)(A) of the Act.
\17\ See the December 15, 2014, memorandum from Jeff Pedersen to
the File entitled ``Calculation of the Final Margin for Separate
Rate Recipients.''
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of certain solar
products from the PRC as described in the ``Scope of the
Investigation'' section, which were entered, or withdrawn from
warehouse, for consumption on or after July 31, 2014, the date of
publication in the Federal Register of the notice of an affirmative
preliminary determination that certain solar products are being, or are
likely to be, sold in the United States at LTFV. Further, consistent
with our practice, where the product from the PRC under investigation
is also subject to a concurrent countervailing duty (CVD)
investigation, the Department will instruct CBP to require a cash
deposit \18\ equal to the weighted-average amount by which the normal
value exceeds U.S. price, adjusted where appropriate for export
subsidies and estimated domestic subsidy pass-through.\19\ The cash
deposit rates, before any adjustments for export subsidies and
estimated domestic subsidy pass-through,\20\ are as follows: (1) For
each exporter/producer combination listed in the table above, the cash
deposit rate will be equal to the dumping margin listed for that
exporter/producer combination in the table; (2) for all other
combinations of PRC exporters/producers of the merchandise under
consideration, the cash deposit rate will be equal to the dumping
margin established for the PRC-wide entity; and (3) for all non-PRC
exporters of the merchandise under consideration which have not
received their own separate rate above, the cash deposit rate will be
equal to the cash deposit rate applicable to the PRC exporter/producer
combination that supplied that non-PRC exporter. These suspension-of-
liquidation instructions will remain in effect until further notice.
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\18\ 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).
\19\ See sections 772(c)(1)(C) and 777A(f) of the Act.
\20\ With respect to a final affirmative countervailing duty
determination in the companion investigation, because the
provisional measures period has expired, Commerce will only order
the resumption of the suspension of liquidation, and require cash
deposits for countervailing duties equal to the final subsidy rates,
if the U.S. International Trade Commission issues a final
affirmative injury determination. In the event of a final
affirmative injury determination, the Department will make an
adjustment to AD cash deposits where appropriate for export
subsidies and estimated domestic subsidy pass-through.
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ITC Notification
In accordance with section 735(d) of the Act, we notified the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. As the Department's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will determine, within 45 days, whether the domestic industry in
the United States is materially injured, or threatened with material
injury, by reason of imports of subject merchandise, or sales (or the
likelihood of sales) for importation, of the subject merchandise. If
the ITC determines that such injury does not exist, this proceeding
with be terminated and all estimated duties deposited as a result of
the suspension of liquidation will be refunded. If the ITC determines
that such injury does exist, the Department will issue an antidumping
duty order directing CBP to assess, upon further instructions by the
Department, antidumping duties on all imports of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the effective date of the suspension of liquidation.
Return or Destruction of Proprietary Information
This notice also serves as a reminder to the parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of propriety information
[[Page 76975]]
disclosed under APO in accordance with 19 CFR 351.305. Timely written
notification of return or 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 sanctionable violation.
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act.
Dated: December 15, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Separate Rate Companies
V. Use of Adverse Facts Available
VI. Discussion of the Issues
Comment 1. Scope of the Investigation
Comment 2. Whether to Select South Africa or Thailand as the Primary
Surrogate Country
Comment 3. Whether to Offset the Cash Deposit Rate for Export Subsidies
Comment 4. Whether the Department Should Investigate the Effects of the
GOC's Alleged Cyberhacking on this Investigation
Comment 5. Ultimate Ownership of Separate Rate Applicants
Comment 6. Separate Rate Applicants with Managers or Board Members with
Ties to the Chinese Government
Comment 7. Separate Rate Status of Lianyungang Shenzhou New Energy Co.,
Ltd.
Comment 8. Separate Rate Status of Sumec Hardware & Tools Co., Ltd.
Comment 9. The Appropriate Surrogate Value for Aluminum Frames
Comment 10. The Appropriate Surrogate Value for Scrap Solar Cells
Comment 11. Unpaid Sales
Comment 12. Quality Insurance
Comment 13. Warranty Costs
Comment 14. Incorrect Allocation of Indirect Material, Labor, and
Electricity Consumption
Comment 15. Whether to Base Renesola/Jinko's Dumping Margin on Partial
AFA
Comment 16. Whether to Collapse Jinko and Renesola
Comment 17. Whether to Use Market-Economy Purchase Prices to Value all
of Renesola/Jinko's Solar Cells
Comment 18. Whether to Adjust Renesola/Jinko's Cash Deposit Rate by the
Full Amount of Domestic Subsidies
Comment 19. Separate Rate Application of tenKsolar
VII. Recommendation
[FR Doc. 2014-30092 Filed 12-22-14; 8:45 am]
BILLING CODE 3510-DS-P