[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8596-8597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03179]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-853]


Certain Crystalline Silicon Photovoltaic Products From Taiwan: 
Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(the ``ITC''), the Department is issuing an antidumping duty (``AD'') 
order on certain crystalline silicon photovoltaic products (``certain 
solar products'') from Taiwan.

DATES: Effective Date: February 18, 2015.

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

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the ``Act'') and 19 CFR 351.210(c), on December 
23, 2014, the Department published an affirmative final determination 
of sales at less than fair value (``LTFV'') in the investigation of 
certain solar products from Taiwan.\1\ On February 5, 2015, the ITC 
notified the Department of its affirmative determinations that an 
industry in the United States is materially injured within the meaning 
of section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of 
certain solar products from the People's Republic of China and 
Taiwan.\2\
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    \1\ See Certain Crystalline Silicon Photovoltaic Products: Final 
Determination of Sales at Less Than Fair Value, 79 FR 76966 
(December 23, 2014).
    \2\ See ITC Notification letter to the Deputy Assistant 
Secretary for Enforcement and Compliance referencing ITC 
Investigation Nos. 701-TA-511 and 731-TA-1246-1247 (Final).
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Scope of the Order

    The merchandise covered by this order 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 10,000 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 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'').\3\ 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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    \3\ 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.

Antidumping Duty Order

    As stated above, on February 5, 2015, in accordance with section 
735(d) of the Act, the ITC notified the Department of its final 
determination in its investigation, in which it found that an industry 
in the United States is materially injured by reason of imports of 
certain solar products from Taiwan. Because the ITC determined that 
imports of certain solar products from

[[Page 8597]]

Taiwan are materially injuring a U.S. industry, unliquidated entries of 
such merchandise from Taiwan, entered or withdrawn from warehouse, for 
consumption are subject to the assessment of antidumping duties.
    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (``CBP'') to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise, for all relevant entries of certain solar products from 
Taiwan. These antidumping duties will be assessed on unliquidated 
entries of certain solar products from Taiwan entered, or withdrawn 
from warehouse, for consumption on or after July 31, 2014, the date of 
publication of the preliminary determination,\4\ and which are subject 
to the scope of this Order, as described above. However, antidumping 
duties will not be assessed on entries occurring after the expiration 
of the provisional measures period and before publication of the ITC's 
final injury determination as further described below.
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    \4\ 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) (``Taiwan Prelim Determination'').
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on all entries of 
certain solar products from Taiwan. These instructions suspending 
liquidation will remain in effect until further notice.
    We will also instruct CBP to require cash deposits at rates equal 
to the estimated weighted-average dumping margins indicated below. 
Accordingly, effective on the date of publication of the ITC's final 
affirmative injury determinations, CBP will require a cash deposit at 
rates equal to the estimated weighted-average dumping margins listed 
below.\5\ The relevant all-others rate for Taiwan, applies to all 
producers or exporters not specifically listed.
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    \5\ See section 736(a)(3) of the Act.
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of certain solar products from Taiwan, we extended the four-
month period to no more than six months in this case.\6\ As stated 
above, in the investigation covering certain solar products from 
Taiwan, the Department published the preliminary determination on July 
31, 2014. Therefore, the six-month period beginning on the date of 
publication of the preliminary determination ended on January 27, 2015. 
Furthermore, section 737(b) of the Act states that definitive duties 
are to begin on the date of publication of the ITC's final injury 
determination.
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    \6\ See Taiwan Prelim Determination, 79 FR at 44396.
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    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of certain solar products from Taiwan, entered, or 
withdrawn from warehouse, for consumption on or after January 27, 2015, 
the date the provisional measures expired, until and through the day 
preceding the date of publication of the ITC's final injury 
determination in the Federal Register. Suspension of liquidation 
resumes on the date of publication of the ITC's final determination in 
the Federal Register.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

                                 Taiwan
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                                                             Estimated
                                                             weighted-
                  Exporter or producer                        average
                                                          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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Notifications to Interested Parties

    This notice constitutes the AD order with respect to certain solar 
products from Taiwan pursuant to section 736(a) of the Act. Interested 
parties can find a list of AD orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    This order is published in accordance with sections 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: February 10, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-03179 Filed 2-17-15; 8:45 am]
BILLING CODE 3510-DS-P