[Federal Register Volume 79, Number 246 (Tuesday, December 23, 2014)]
[Notices]
[Pages 76966-76970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30107]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-853]


Certain Crystalline Silicon Photovoltaic Products From Taiwan: 
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 imports of 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 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: 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 preliminary determination in the LTFV 
investigation of certain solar products from Taiwan on July 31, 
2014.\1\ On

[[Page 76967]]

August 22, 2014, the Department published the notice of amended 
preliminary determination in the LTFV investigation of certain solar 
products from Taiwan.\2\ The following events occurred since the 
preliminary determination. Between August 11, 2014 and September 13, 
2014, the Department conducted verifications of Gintech Energy 
Corporation (``Gintech'') in Taipei, Taiwan. Between August 18, 2014 
and September 17, 2014, the Department conducted verifications of 
Motech Industries, Inc. (``Motech'') in Tainan, Taiwan, and Motech 
America LLC (``MA'') in New Castle, Delaware. The Department issued the 
sales and cost verification reports of Gintech on September 23, 2014, 
and September 30, 2014, respectively.\3\ The Department issued the 
sales verification reports of Motech and MA on September 30, 2014, and 
October 3, 2014, respectively,\4\ and issued the cost verification 
report of Motech on October 1, 2014.\5\
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    \1\ See Certain Crystalline Silicon Photovoltaic Products From 
Taiwan: Affirmative Preliminary Determination of Sales at Less Than 
Fair Value and Postponement of Final Determination, 79 FR 44395 
(July 31, 2014) (``Preliminary Determination'').
    \2\ See Certain Crystalline Silicon Photovoltaic Products From 
Taiwan: Notice of Amended Preliminary Determination of Sales at Less 
Than Fair Value, 79 FR 49754 (August 22, 2014).
    \3\ See Memorandum to the File, from Charles Riggle and Magd 
Zalok, International Trade Compliance Analysts, AD/CVD Operations, 
Office IV, titled ``Verification of Gintech Energy Corporation's 
Responses in the Antidumping Duty Investigation of Certain Silicon 
Photovoltaic Products from Taiwan,'' dated September 23, 2014; see 
Memorandum to the File, from Heidi K. Schriefer and Robert Greger, 
Senior Accountants, AD/CVD Office of Accounting, titled 
``Verification of the Cost Response of Gintech Energy Corporation in 
the Antidumping Duty Investigation of Certain Crystalline Silicon 
Photovoltaic Products from Taiwan,'' dated September 30, 2014.
    \4\ See Memorandum to the File, from Magd Zalok and Charles 
Riggle, International Trade Compliance Analysts, AD/CVD Operations, 
Office IV, titled ``Verification of the Sales Responses of Motech 
Industries, Inc. in the Less-Than-Fair-Value Investigation of 
Certain Crystalline Silicon Photovoltaic Products from Taiwan,'' 
dated September 30, 2014; see Memorandum to the File, from Magd 
Zalok and James Martinelli, International Trade Compliance Analysts, 
AD/CVD Operations, Office IV, titled ``Verification of the Sales 
Responses of Motech America LLC in the Less-Than-Fair-Value 
Investigation of Crystalline Silicon Photovoltaic Products from 
Taiwan,'' dated October 3, 2014.
    \5\ See Memorandum to the File, from Robert Greger, Senior 
Accountant, AD/CVD Office of Accounting, titled ``Verification of 
Motech Industries, Inc. in the Antidumping Duty Investigation of 
Certain Crystalline Silicon Photovoltaic Products from Taiwan,'' 
dated October 1, 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 ``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, Motech, Gintech,\7\ SolarWorld Americas Inc. 
(``Petitioner'') (formerly SolarWorld Industries America, Inc.), and 
other interested parties submitted case briefs. On October 22, 2014, 
Gintech, Motech, Petitioner, and other interested parties submitted 
rebuttal briefs. On October 27, 2014, Gintech, Petitioner and other 
interested parties filed rebuttal comments specifically regarding the 
scope of the investigation. Although certain parties requested that a 
hearing be held, all requests were withdrawn between October 31, 2014 
and November 5, 2014. Thus, the Department did not hold a hearing with 
respect to this investigation.
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    \7\ On October 29, 2014, the Department rejected Gintech's case 
brief because it contained untimely new factual information. On 
October 31, 2014, Gintech re-submitted its case brief after 
redacting the untimely new factual information rejected by the 
Department.
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Period of Investigation

    The period of investigation (``POI'') is October 1, 2012, through 
September 30, 2013.

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.\8\ As explained in the Issues and Decision Memorandum, we 
have clarified the scope language; see Comment 1 of the Issues and 
Decision Memorandum. The scope of the investigation for this final 
determination is below.
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    \8\ 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 
Taiwan: 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'').
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Certification Requirements

    In the Preliminary Determination, the Department announced that if 
an importer imports solar modules that it claims (1) do not contain 
solar cells that were produced in Taiwan or (2) imports solar modules 
assembled in Taiwan that it claims do not contain solar cells 
manufactured in third countries using ingots, wafers, or partially 
produced solar cells manufactured in Taiwan, the importer, and Taiwan 
exporter of those solar modules, are required to certify the claim and 
maintain documentation supporting the certifications.\9\ Given the 
clarification to the scope language, the Department is modifying the 
language of the certifications required in this proceeding. Importers 
and Taiwan exporters that claim solar panels/modules do not contain 
solar cells that were produced in Taiwan will be required to complete 
and maintain the revised certifications included in Appendix II of this 
notice for merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice in the 
Federal Register. The certification requirements are described below.
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    \9\ See Preliminary Determination, 79 FR 44901-44902.
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    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 in Appendix II. The 
importer and exporter are also required to maintain the exporter 
certification in Appendix II if the exporter of the panels/modules for 
which the importer is making the claim is located in Taiwan. The 
importer certification must be completed, signed, and dated at the time 
of the entry of the panels/modules. The exporter certification must be 
completed, signed, and dated at the time of shipment of the relevant 
panels/modules. The importer and Taiwan exporter are required to 
maintain sufficient documentation to support their certifications. 
While importers and Taiwan exporters are 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 
CBP specifically requests that they provide the certification and/or 
documentation.
    If it is determined that the certification or documentation 
requirements noted in the certification have not been met, CBP is 
instructed to suspend all unliquidated entries for which the 
requirements were not met and require the posting of an antidumping 
duty cash deposit on those

[[Page 76968]]

entries equal to the applicable rate in effect at the time of 
entry.\10\
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    \10\ However, if the certification also does not meet the 
requirements set forth in Crystalline Silicon Photovoltaic Cells, 
Whether or Not Assembled into Modules, from the People's Republic of 
China: Final Determination of Sales at Less Than Fair Value, and 
Affirmative Final Determination of Critical Circumstances, in Part, 
77 FR 63791 (October 17, 2012) (Solar I), then the applicable rate 
is the appropriate rate as set forth in the Solar I order.
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    If a solar panel/module contains some solar cells produced in 
Taiwan but the importer is unable, or unwilling, to identify the total 
value of the panel/module subject to antidumping duty cash deposits, 
CBP is instructed to suspend all unliquidated entries for which the 
importer has failed to supply this information and require the posting 
of an antidumping duty cash deposit on the total entered value of the 
panel/module equal to the applicable rate in effect at the time of 
entry.\11\
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    \11\ However, if the certification also does not meet the 
requirements set forth in Solar I, then the applicable rate is the 
appropriate rate as set forth in the Solar I order.
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    The Department intends to provide guidance, through a Federal 
Register notice, regarding any changes to the certification structure 
or potential future electronic filing requirements relating to these 
certifications and accompanying documentation with CBP once the 
Department is integrated into the International Trade Data System/
Automated Commercial Environment, the import and export processing 
system being built by CBP to replace its legacy systems.

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.
    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.
    Modules, laminates, and panels produced in a third-country from 
cells produced in Taiwan are covered by this investigation. However, 
modules, laminates, and panels produced in Taiwan from cells produced 
in a third-country are not covered by this investigation.
    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 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 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.
    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, from the People's Republic of China 
(``PRC'').\12\ Also excluded from the scope of this investigation are 
modules, laminates, and panels produced in the PRC from crystalline 
silicon photovoltaic cells produced in Taiwan that are covered by an 
existing proceeding on such modules, laminates, and panels from the 
PRC.
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    \12\ 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 Appendix I. The Issues and Decision Memorandum is a 
public document and is on file electronically via AD and CVD 
Centralized Electronic Service System (ACCESS).\13\ 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.
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    \13\ 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 ACCESS in the regulations 
can be found at 79 FR 69046 (November 20, 2014).
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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 Gintech and 
Motech's margin calculations. For a discussion of these changes, see 
the Issues and Decision Memorandum and the Final Analysis Memoranda, 
all dated concurrently with this notice.\14\
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    \14\ See Memorandum from Magd Zalok, International Trade 
Compliance Analyst, Enforcement & Compliance, Office IV, to the 
File, ``Antidumping Duty Investigation of Certain Crystalline 
Silicon Photovoltaic Products from Taiwan: Motech Analysis 
Memorandum for the Final Determination,'' dated concurrently with 
this notice; see Memorandum from Charles Riggle, International Trade 
Compliance Analyst, Enforcement & Compliance, Office IV, to the 
File, ``Antidumping Duty Investigation of Certain Crystalline 
Silicon Photovoltaic Products from Taiwan: Gintech Analysis 
Memorandum for the Final Determination,'' dated concurrently with 
this notice.
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Verification

    As provided in section 782(i) of the Act and 19 CFR 
351.307(b)(1)(i), in August and September 2014, the Department verified 
the information submitted by Gintech and Motech for use in the final 
determination. The Department used standard verification procedures, 
including examination of relevant sales and accounting records, as well 
as original source documents provided by Gintech and Motech.

Final Determination Margins

    The Department determines that the following estimated weighted-
average dumping margins exist for the period October 1, 2012, through 
September 30, 2013.

[[Page 76969]]



------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Producer or exporter                       dumping
                                                                Margin
                                                              (Percent)
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Gintech Energy Corporation.................................        27.55
Motech Industries, Inc.....................................        11.45
All Others.................................................        19.50
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Disclosure

    We intend to disclose to parties the calculations performed for 
this final determination within five days of the date of publication of 
this notice in accordance with 19 CFR 351.224(b).

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 Taiwan as described in the ``Scope of the Investigation'' 
section of this notice, which were entered, or withdrawn from 
warehouse, for consumption on or after July 31, 2014, the date of 
publication of the preliminary determination of this investigation in 
the Federal Register.
    Further, the Department will instruct CBP to require a cash deposit 
equal to the weighted-average amount by which normal value exceeds U.S. 
price as follows: (1) For the respondents listed in the table above 
(i.e., Gintech and Motech), the cash deposit rate will be equal to the 
estimated weighted-average dumping margin which the Department 
determined in this final determination; (2) if the exporter is not a 
respondent examined in this investigation, but the producer is, the 
cash deposit rate will be the rate established for the producer of the 
subject merchandise; and (3) the cash deposit rate for all other 
producers or exporters will be 19.50 percent, the all others rate 
listed above. The suspension of liquidation instructions will remain in 
effect until further notice.

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 examined, excluding all rates that are zero 
or de minimis, and all rates determined entirely under section 776 of 
the Act. The ``all-others'' rate is based on the estimated weighted-
average dumping margins calculated for Gintech and Motech, the 
mandatory respondents for which the Department calculated a rate. 
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 ``all-others'' rate, the average that provides a more 
accurate proxy for the weighted-average margin of both companies 
calculated using BPI.\15\
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    \15\ See Memorandum to the File from James Martinelli, 
International Trade Compliance Analyst, AD/CVD Operations, Office 
IV, Enforcement and Compliance, regarding ``Antidumping 
Investigation: Certain Crystalline Silicon Photovoltaic Products 
from Taiwan Calculation of the All Others Rate'' (December 15, 
2014).
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International Trade Commission Notification

    In accordance with section 735(d) of the Act, we notified the U.S. 
International Trade Commission (``ITC'') of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will 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 
crystalline silicon photovoltaic products from Taiwan no later than 45 
days after our final determination. If the ITC determines that material 
injury or threat of material injury does not exist, the associated 
proceeding will 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 
instruction 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, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Return or Destruction of Proprietary Information

    This notice serves as a reminder to the parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely written notification of 
the return or destruction of APO materials, or conversion to judicial 
protective order, is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    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 I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Discussion of the Issues
    A. General Issues
    1. Scope Comments and Scope Clarification
    A. Consistency with Solar I and Court Decisions
    B. Extent of the Scope Clarification
    C. Timelines of a Potential Scope Clarification
    D. Impact of a Scope Clarification on the ITC's Final 
Determination
    E. Consistency of the Scope as Clarified in the October 3rd 
Letter With the United States' WTO Obligations
    F. Administrability Concerns
    G. Treatment of U.S. Solar Cells Assembled into Solar Modules in 
Taiwan
    H. Comments Based on a Department Decision not to Adopt the 
Scope as stated in the October 3rd Letter
    I. Solar Cells Assembled into Solar Modules in Mexico
    2. Whether the Department Appropriately Applied the Cohen's d 
test
    3. Whether the Department's Respondent Selection Process was 
Unlawful or Unsupported
    B. Issues Involving Gintech
    4. Whether to Include Reported ``Indirect'' Sales in the 
Calculation of U.S. Price
    5. Whether to Base U.S. Price on a Small Sample of U.S. Sales
    6. Whether to Exclude Home Market Sales Made in Small Quantities
    7. Whether to Treat Further Processed Sales in a Third Country 
and Resold by Unaffiliated Parties as Indirect Sales
    8. Whether to Exclude Sales of Cells to Chinese Manufacturers
    9. Whether the Major Input Rule Should be Applied to Gintech's 
Purchases of Wafers from its Affiliate Utech (Major Input Rule)
    10. Whether to Apply the Major Input Rule to Wafers that Utech 
Purchased and Resold to Gintech (Purchased Wafers)
    11. Whether to Recalculate Gintech's Reported Paste Scrap Offset 
Based on a POI Average Value (Paste Scrap Offset)

[[Page 76970]]

    12. Whether the Department Should Reallocate to Prime Products 
the Production Costs of Off-Grade Cells Reported to the Department 
as Non-Prime Products (Non-Prime Products)
    13. Whether the Department Should Adjust the Affiliated 
Supplier's Cost of Wafers Before Testing Gintech's Transfer Prices 
with the Affiliated Wafer Supplier (Affiliated's COP)
    14. Whether the Department Should Include Losses Related to 
Inventory Disposals in Gintech's G&A Expense Rate (Inventory 
Disposals)
    15. Whether the Department Should Include LCM Adjustments in 
Gintech's Reported Costs (LCM Adjustments)
    16. Whether the Department Should Account for the Differences 
between Gintech's Total Cost Accounting System Costs and its Total 
Reported Costs (Methodological Difference)
    17. Whether the Department Should Adjust Gintech's Financial 
Expense Rate for Certain Items Identified at Verification (Financial 
Expense Rate)
    C. Issues Involving Motech
    18. Whether to Include Reported ``Indirect'' Sales in the 
Calculation of U.S. Price
    19. Whether to Exclude Sales of Modules Produced by Motech's 
Affiliate in the PRC
    20. Whether U.S. Indirect Selling Expenses Should Not Include 
Expenses for R&D
    21. Whether Motech's Short-Term Interest Rate Should be used to 
Calculate U.S. Credit and Inventory Carrying Cost
    22. Whether U.S. Warehousing Expense Calculation Should be 
Revised
    23. Whether a Different Basis Should be Used for Certain Payment 
Dates
    24. Whether a Downward Adjustment Should be Made to the Price 
for a Home Market Transaction
    25. Whether Grade Z Cells Should Bear the Same Cost as Grades A 
and B Cells
    26. Whether the Inventory Adjustment Ratio Should be Revised
    27. Whether the Financial Expense Ratio Calculation Should 
Include the Gains on Foreign Currency Translation
    28. Whether the Cost for One of Motech's Modules CONNUMs Should 
be Adjusted
V. Recommendation

Appendix II

Importer Certification

    I hereby certify that I am an official of (insert name of 
company importing solar panels/modules), that I have knowledge of 
the facts regarding the importation of the solar panels/modules or 
other products containing solar panels/modules that entered under 
entry number(s) (insert entry number(s) covered by the 
certification), and that these solar panels/modules do not contain 
solar cells produced in Taiwan.
    By signing this certificate, I also hereby certify that (insert 
name of company importing solar panels/modules) maintains sufficient 
documentation supporting this certification for all solar cells used 
to produce the solar panels/modules imported under the above-
referenced entry number(s). I understand that agents of the 
importer, such as brokers, are not permitted to make this 
certification. Also, I am aware that records pertaining to this 
certification may be requested by CBP. I understand that this 
certification must be completed at the time of the entry. I also 
understand that failure to maintain the required certification or 
failure to substantiate the claim that the panels/modules do not 
contain solar cells produced in Taiwan will result in suspension of 
all unliquidated entries for which these requirements were not met 
and the requirement that the importer post an AD cash deposit on 
those entries equal to the applicable rate in effect at the time of 
entry.\1\
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    \1\ However, if the certification also does not meet the 
requirements set forth in Crystalline Silicon Photovoltaic Cells, 
Whether or Not Assembled into Modules, from the People's Republic of 
China: Final Determination of Sales at Less Than Fair Value, and 
Affirmative Final Determination of Critical Circumstances, in Part, 
77 FR 63791 (October 17, 2012) (Solar I), then the applicable rate 
is the appropriate rate as set forth in the Solar I order.

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Name of Company Official

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Title

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Date

Exporter Certification

    I hereby certify that I am an official of (insert name of 
company exporting solar panels/modules), that I have knowledge of 
the facts regarding the exportation of the solar panels/modules or 
other products containing the solar panels/modules identified below, 
and that these solar panels/modules do not contain solar cells 
produced in Taiwan.
    By signing this certificate, I also hereby certify that (insert 
name of company exporting solar panels/modules) maintains sufficient 
documentation supporting this certification for all solar cells used 
to produce the solar panels/modules identified below. I am aware 
that records pertaining to this certification may be subject to 
verification by Department of Commerce officials and I consent to 
verification with respect to this certification and these records. I 
understand that this certification must be completed at the time of 
shipment. I also understand that failure to maintain the required 
certification or failure to substantiate the claim that the panels/
modules do not contain solar cells produced in Taiwan will result in 
suspension of all unliquidated entries for which these requirements 
were not met and the requirement that the importer post an AD cash 
deposit on those entries equal to the applicable rate in effect at 
the time of entry.\1\ The exports covered by this certification are 
(insert invoice numbers, purchase order numbers, export 
documentation, etc. to identify the exports covered by the 
certification).

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Name of Company Official

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Title
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Date

[FR Doc. 2014-30107 Filed 12-22-14; 8:45 am]
BILLING CODE 3510-DS-P