[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