[Federal Register Volume 80, Number 56 (Tuesday, March 24, 2015)]
[Notices]
[Pages 15568-15569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06750]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-979]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Initiation of 
Changed Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') received 
information sufficient to warrant initiation of a changed circumstances 
review of the antidumping duty order on crystalline silicon 
photovoltaic cells, whether or not assembled into modules (``solar 
cells'') from the People's Republic of China (``PRC''). Based on a 
request from Neo Solar Power Corporation (``Neo Solar''), DelSolar Co., 
Ltd. (``DelSolar Taiwan''), and DelSolar (Wujiang) Ltd. (``DelSolar 
Wujiang''), the Department intends to determine, for purposes of the 
antidumping duty order on solar cells from the PRC, whether Neo Solar 
is the successor-in-interest to DelSolar Taiwan, an exporter assigned 
an exporter-producer rate in the investigation in this proceeding.

DATES: Effective March 24, 2015.

FOR FURTHER INFORMATION CONTACT: Erin Kearney or Howard Smith, 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-
0167 or (202) 482-5193, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 7, 2012, the Department published a notice of the Order 
in the solar cells proceeding in the Federal Register.\1\ On February 
4, 2015, NeoSolar, DelSolar Taiwan, and DelSolar Wujiang requested that 
the Department conduct an expedited changed circumstances review 
pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(``the Act''), and section 351.216(b) of the Department's regulations, 
to determine that Neo Solar is the successor-in-interest to DelSolar 
Taiwan for purposes of the Order. In their request, Neo Solar, DelSolar 
Taiwan, and DelSolar Wujiang provided lists of shareholders, managers, 
and boards of directors of Neo Solar and DelSolar Taiwan, business 
licenses of DelSolar Taiwan and DelSolar Wujiang, and a merger 
agreement and press release describing the merger of Neo Solar and 
DelSolar Taiwan.
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    \1\ 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) (``Order'')
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    On March 6, 2015, SolarWorld Americas, Inc. (``SolarWorld''), the 
petitioner in the underlying investigation, submitted comments on the 
changed circumstances review request. SolarWorld stated that the 
Department should reject the request for a changed circumstances review 
because Neo Solar failed to establish that it is eligible for a 
separate rate and that it operates as the same business entity as 
DelSolar Taiwan. SolarWorld stated that if the Department initiates a 
changed circumstances review with respect to Neo Solar, the Department

[[Page 15569]]

should require Neo Solar to provide additional information about its 
company operations before making a preliminary successor-in-interest 
determination.

Scope of the Order

    The merchandise covered by this order is crystalline silicon 
photovoltaic cells, and modules, laminates, and panels, consisting of 
crystalline silicon photovoltaic cells, whether or not partially or 
fully assembled into other products, including, but not limited to, 
modules, laminates, panels and building integrated materials.
    This order covers 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.
    Merchandise under consideration may be described at the time of 
importation as parts for final finished products that are assembled 
after importation, including, but not limited to, modules, laminates, 
panels, building-integrated modules, building-integrated panels, or 
other finished goods kits. Such parts that otherwise meet the 
definition of merchandise under consideration are included in the scope 
of this order.
    Excluded from the scope of this order 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 order 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 cell. 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.
    Modules, laminates, and panels produced in a third-country from 
cells produced in the PRC are covered by this order; however, modules, 
laminates, and panels produced in the PRC from cells produced in a 
third-country are not covered by this order.
    Merchandise covered by this order is currently classified in the 
Harmonized Tariff System of the United States (``HTSUS'') under 
subheadings 8501.61.0000, 8507.20.80, 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 order is 
dispositive.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b) of the Act, the Department will conduct 
a changed circumstances review upon receipt of a request from an 
interested party which shows changed circumstances sufficient to 
warrant a review of an order. In accordance with section 751(b) of the 
Act and 19 CFR 351.216(d), the Department determines that the 
information submitted by Neo Solar, DelSolar Taiwan, and DelSolar 
Wujiang constitutes sufficient evidence to conduct a changed 
circumstances review of the Order.\2\
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    \2\ See also 19 CFR 351.221.
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    In a changed circumstances review involving a successor-in-interest 
determination, the Department typically examines several factors 
including, but not limited to, changes in: (1) Management; (2) 
production facilities; (3) supplier relationships; and (4) customer 
base.\3\ While no single factor or combination of factors will 
necessarily be dispositive, the Department generally will consider the 
new company to be the successor to the predecessor if the resulting 
operations are essentially the same as those of the predecessor 
company.\4\ Thus, if the record demonstrates that, with respect to the 
production and sale of the subject merchandise, the new company 
operates as the same business entity as the predecessor company, the 
Department may assign the new company the cash deposit rate of its 
predecessor.\5\
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    \3\ See, e.g., Diamond Sawblades and Parts Thereof From the 
People's Republic of China: Final Results and Termination, in Part, 
of the Antidumping Duty Changed Circumstances Review, 76 FR 64898 
(October 19, 2011); Certain Pasta from Turkey: Notice of Final 
Results of Antidumping Duty Changed Circumstances Review, 74 FR 
26373 (June 2, 2009).
    \4\ Id.
    \5\ Id.
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    After reviewing the information provided in the request for a 
changed circumstances review, we determined that Neo Solar, DelSolar 
Taiwan, and DelSolar Wujiang provided sufficient evidence to warrant a 
review to determine if Neo Solar is the successor-in-interest to 
DelSolar Taiwan. Therefore, pursuant to section 751(b)(1) of the Act 
and 19 CFR 351.216(d), we are initiating a changed circumstances 
review. However, we also determined that there is a need to issue a 
questionnaire to gather additional information, as provided for by 19 
CFR 351.221(b)(2), before issuing a preliminary determination in this 
review. Therefore, the Department is not conducting this review on an 
expedited basis by publishing the preliminary results in conjunction 
with this notice of initiation.
    The Department will issue the preliminary results of this changed 
circumstances review, in accordance with 19 CFR 351.221(b)(4) and 19 
CFR 351.221(c)(3), which will set forth the factual and legal 
conclusions upon which the preliminary results are based, and a 
description of any action proposed because of those results. Pursuant 
to 19 CFR 351.221(b)(4)(ii), interested parties will have an 
opportunity to comment on the preliminary results of the review. In 
accordance with 19 CFR 351.216(e), the Department will issue the final 
results of its AD changed circumstance review within 270 days after the 
date on which the review is initiated.
    During the course of this changed circumstances review, we will not 
change the cash deposit requirements for the merchandise subject to 
review. The cash deposit will only be altered, if warranted, pursuant 
to the final results of this review.
    This initiation notice is published in accordance with sections 
751(b)(1) and 777(i) of the Act and 19 CFR 351.216(b) and 
351.221(b)(1).

    Dated: March 18, 2015.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2015-06750 Filed 3-23-15; 8:45 am]
BILLING CODE 3510-DS-P