[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Notices]
[Pages 40998-41003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17238]


-----------------------------------------------------------------------

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: Final Results of 
Antidumping Duty Administrative Review and Final Determination of No 
Shipments; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On January 8, 2015, the Department of Commerce (the 
``Department'') published its Preliminary Results in the 2012-2013 
administrative 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'').\1\ The 
period of review (``POR'') is May 25, 2012, through November 30, 2013. 
This administrative review covers two mandatory respondents, Yingli 
Energy (China) Company Limited and Wuxi Suntech Power Co., Ltd. (``Wuxi 
Suntech''), which was found to be ineligible for a separate rate in the 
Preliminary Results. Based on our analysis of the comments received, we 
made certain changes to our margin calculations for Yingli Energy 
(China) Company Limited. Additionally, we now find that Wuxi Suntech is 
eligible for a separate rate, and have calculated a dumping margin for 
Wuxi Suntech. The final dumping margins for this review are listed in 
the ``Final Results'' section below.
---------------------------------------------------------------------------

    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2012-2013, 80 FR 1021 
(January 8, 2015) (``Preliminary Results''), and Memorandum to Paul 
Piquado, Assistant Secretary for Enforcement and Compliance, from 
Gary Taverman, Associate Deputy Assistant Secretary for Antidumping 
and Countervailing Operations, ``Decision Memorandum for the 
Preliminary Results of the 2012-2013 Antidumping Duty Administrative 
Review of Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from the People's Republic of China'' 
(``Preliminary Decision Memorandum''), dated December 31, 2014.

---------------------------------------------------------------------------
DATES: Effective date: July 14, 2015.

FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Drew Jackson 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-
0182 or (202) 482-4406, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 8, 2015, the Department published its Preliminary 
Results in this review. On January 22, 2015, Petitioner \2\ submitted 
comments regarding the preliminary margin calculation of the companies 
that are considered as the Yingli Single Entity in this final 
determination including Yingli Energy (China) Company Limited.\3\
---------------------------------------------------------------------------

    \2\ Petitioner in this proceeding is SolarWorld America, Inc.
    \3\ See Letter to the Department from Petitioner, ``Certain 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules, from the People's Republic of China: Comments on 
Ministerial Errors in the Preliminary Results,'' dated January 22, 
2015. The Department determined, pursuant to 19 CFR 351.401(f), that 
the following affiliated companies should be treated as a single 
entity: Yingli Energy (China) Company Limited ; Baoding Tianwei 
Yingli New Energy Resources Co., Ltd. (``Tianwei Yingli''); Tianjin 
Yingli New Energy Resources Co., Ltd. (``Tianjin Yingli''); Hengshui 
Yingli New Energy Resources Co., Ltd. (``Hengshui Yingli''); Lixian 
Yingli New Energy Resources Co., Ltd. (``Lixian Yingli''); Baoding 
Jiasheng Photovoltaic Technology Co., Ltd. (``Jiasheng''); Beijing 
Tianneng Yingli New Energy Resources Co., Ltd. (``Beijing 
Tianneng''); Hainan Yingli New Energy Resources Co., Ltd. (``Hainan 
Yingli'') (collectively, the ``Yingli Single Entity''). See 
Memorandum to Abdelali Elouaradia, Director, AD/CVD Operations, 
Office IV, through Howard Smith, AD/CVD Operations, Office IV, 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, from the People's Republic of China: Affiliation and 
Single Entity Status,'' dated December 31, 2014.
---------------------------------------------------------------------------

    On January 9, 2015, Wuxi Suntech submitted a hearing request.\4\ On 
February 9, 2015 Shanghai JA Solar Technology Co., Ltd., JA Solar 
Technology Yangzhou Co., Ltd. and JingAo Solar Co., Ltd. submitted a 
request to participate in any hearing held by the Department in this 
review.\5\ Petitioner submitted an untimely hearing request on February 
9, 2015, which was rejected by the Department in accordance with 19 CFR 
351.302(d).\6\ On February 25, 2015, Petitioner submitted an untimely 
request for additional time to submit a hearing request.\7\ The 
Department did not grant Petitioner's request.\8\ On May 18, 2015, Wuxi 
Suntech withdrew its request for a hearing.\9\ On June 1, 2015, the 
Department notified interested parties that it would not hold a hearing 
in this administrative review.\10\
---------------------------------------------------------------------------

    \4\ See Letter to the Department from Wuxi Suntech, 
``Crystalline Silicon Photovoltaic Cells from the People's Republic 
of China: Request for Hearing- Wuxi Suntech Power Co., Ltd.,'' dated 
January 9, 2015.
    \5\ See Letter to the Department from Shanghai JA Solar 
Technology Co., Ltd., JA Solar Technology Yangzhou Co., Ltd. and 
JingAo Solar Co., Ltd., ``Crystalline Silicon Photovoltaic Cells, 
Whether or Not Assembled into Modules, from the People's Republic of 
China: Hearing,'' dated January 9, 2015.
    \6\ See Letter to the File through Howard Smith, Program 
Manager, AD/CVD Operations, Office IV ``Rejection and Removal from 
the Record of Untimely Filed Hearing Request,'' dated March 3, 2015.
    \7\ See Letter to the Department from Petitioner, ``Crystalline 
Silicon Photovoltaic Cells, Whether Or Not Assembled Into Modules, 
from the People's Republic of China: Request for Opportunity to 
Submit Hearing Requests,'' dated February 9, 2015.
    \8\ See Letter to the Petitioner from the Department, 
``Antidumping Duty Administrative Review of Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules, from the 
People's Republic of China: Rejection and Removal from the Record of 
Untimely Filed Hearing Request,'' dated March 3, 2015.
    \9\ See Letter to the Department from Wuxi Suntech, 
``Crystalline Silicon Photovoltaic Cells, Whether Or Not Assembled 
into Modules, from the People's Republic of China: Withdraw of 
Request for Hearing--Wuxi Suntech Power Co., Ltd.,'' dated May 18, 
2015.
    \10\ See Memorandum to All Interested Parties, through Howard 
Smith, AD/CVD Operations, Office IV, Administrative Review of the 
Antidumping Duty Order on Crystalline Silicon Photovoltaic Cells, 
Whether or Not Assembled Into Modules, from the People's Republic of 
China; Withdrawal of Hearing Request, dated June 1, 2015.
---------------------------------------------------------------------------

    Between January 2015 and March 2015, the Department issued 
supplemental questionnaires regarding separate rates to, and received 
timely responses from, the Wuxi Suntech Single Entity.\11\ In March 
2015, the Department conducted verification of the Wuxi Suntech Single 
Entity's separate rates information.
---------------------------------------------------------------------------

    \11\ In the Preliminary Results, the Department preliminarily 
found that the Wuxi Suntech Single Entity included the following 
companies: Wuxi Suntech; Luoyang Suntech Power Co., Ltd. (``Luoyang 
Suntech''); Suntech Power Co., Ltd. (``Shanghai Suntech''); and Wuxi 
Sunshine Power Co. Ltd (``Wuxi Sunshine''). See Memorandum to 
Abdelali Elouaradia, Director, AD/CVD Operations, Office IV, through 
Howard Smith, Program Manager, AD/CVD Operations. Office IV, 
``Affiliation and Single Entity Status of Wuxi Suntech Power Co., 
Ltd.; Luoyang Suntech Power Co., Ltd.; Suntech Power Co., Ltd.; and 
Wuxi Sunshine Power Co., Ltd.,'' dated December 31, 2014.
---------------------------------------------------------------------------

    On March 23, 2015, the following interested parties submitted case 
briefs: (1) Petitioner; (2) Yingli Energy (China) Company Limited;\12\ 
(3) Goal Zero, LLC;

[[Page 40999]]

(4) LDK Solar Hi-Tech (Nanchang) Co. Ltd.; (5) Jiangsu Sunlink PV 
Technology Co., Ltd.; (6) Years Solar Co. Ltd.; (7) CSG PVTech Co., 
Ltd.; and (8) Shanghai JA Solar Technology Co. Ltd, JA Solar Technology 
Yangzhou Co., Ltd. and JingAo Solar Co., Ltd. On March 25, 2015, Yingli 
Energy (China) Company Limited alleged that Petitioner's March 23, 2015 
case brief contained untimely filed new factual information,\13\ and on 
March 27, 2015, Petitioner rebutted these allegations.\14\ After 
considering Yingli Energy (China) Company Limited's allegation, the 
Department did not require Petitioner to redact its case brief. On 
March 30, 2015, the Department notified Yingli Energy (China) Company 
Limited that its March 23, 2015 case brief contained untimely filed new 
factual information. The Department subsequently rejected the case 
brief in accordance with 19 CFR 351.302(d)(1)(i) and 19 CFR 
351.104(a)(2)(ii)(A) because it contained untimely filed new factual 
information but provided Yingli Energy (China) Company Limited the 
opportunity to resubmit its case brief with the new factual information 
redacted.\15\ On March 31, 2015, Yingli Energy (China) Company Limited 
submitted comments on the new factual information allegation, and 
resubmitted its rejected case brief.\16\ On March 30, 2015, the 
following interested parties submitted rebuttal briefs: (1) Petitioner; 
(2) Yingli Energy (China) Company Limited; and, (3) Wuxi Suntech. These 
case briefs and rebuttal briefs did not include comments regarding the 
separate-rate status of the Wuxi Suntech Single Entity, which was 
preliminarily found to include the following companies: (1) Wuxi 
Suntech, (2) Luoyang Suntech; (3) Shanghai Suntech; and (4) Wuxi 
Sunshine.\17\ Subsequently, on May 8, 2015, and May 11, 2015, Wuxi 
Suntech and Petitioner, respectively, submitted case briefs regarding 
the separate-rate status of the Wuxi Suntech Single Entity. On May 13, 
2015, the following parties submitted rebuttal comments related to the 
separate-rate status of the Wuxi Suntech Single Entity: (1) Petitioner; 
(2) Wuxi Suntech; (3) Shanghai BYD Co., Ltd. and Shangluo BYD 
Industrial Co., Ltd.; and (4) Changzhou Trina Solar Energy Co., Ltd.
---------------------------------------------------------------------------

    \12\ Yingli Energy (China) Company Limited's case and rebuttal 
briefs were submitted on behalf of Yingli Green Energy Holding 
Company Limited and Yingli Green Energy Americas, Inc., and their 
affiliates, including Yingli Energy (China) Co., Ltd. and Baoding 
Tianwei Yingli New Energy Resources Co., Ltd.
    \13\ See Letter to the Department from Yingli Energy (China) 
Company Limited, ``Crystalline Silicon Photovoltaic Cells, Whether 
or Not Assembled into Modules from the People's Republic of China: 
Request that the Department Reject SolarWorld's Case Brief,'' dated 
May, 2015.
    \14\ See Letter to the Department from Petitioner, ``Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, 
from the People's Republic of China: Response to Yingli's Request to 
Reject SolarWorld's Case Brief,'' dated May 27, 2015.
    \15\ See Memorandum to The File through Howard Smith, Program 
Manager, AD/CVD Operations, Office IV, ``Rejection from the Record 
of Untimely Filed New Factual Information,'' dated April 2, 2015.
    \16\ See Letter from Yingli Energy (China) Company Limited to 
the Department, ``Crystalline Silicon Photovoltaic Cells, Whether or 
Not Assembled Into Modules from the People's Republic of China: 
Resubmission of Yingli's Case Brief,'' dated March 31, 2015.
    \17\ See Memorandum to The File through Jeffrey Pedersen, Acting 
Program Manager, AD/CVD Operations, Office IV, ``Administrative 
Review of the Antidumping Duty Order on Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled Into Modules, from the 
People's Republic of China; Briefing Schedule,'' dated February 27, 
2015 (establishing a deadline for case briefs and rebuttal briefs 
concerning all issues except the separate-rate status of the Wuxi 
Suntech Single Entity).
---------------------------------------------------------------------------

    On April 28, 2015, the Department extended the deadline for issuing 
these final results of review by 60 days, until July 7, 2015.\18\
---------------------------------------------------------------------------

    \18\ See Memorandum to Edward Yang, Senior Director, AD/CVD 
Operations, Office VII, through Howard Smith, Acting Director, AD/
CVD Operations, Office IV, ``Crystalline Silicon Photovoltaic Cells, 
Whether or Not Assembled into Modules, from the People's Republic of 
China: Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated April 28, 2015.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the 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.\19\ 
Merchandise covered by this review is classifiable under subheading 
8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000 
of the Harmonized Tariff Schedule of the United States (``HTSUS''). 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, our written description of the scope of the order is 
dispositive.
---------------------------------------------------------------------------

    \19\ For a complete description of the scope of the order, see 
Memorandum from Edward Yang, Senior Director, AD/CVD Operations, 
Office VII, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, ``Decision Memorandum for the Final Results of the 2012-
2013 Antidumping Duty Administrative Review of Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules, from the 
People's Republic of China,'' (``Issues and Decision Memorandum''), 
dated concurrently with this notice.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum,\20\ 
which is hereby adopted by this notice. A list of the issues that 
parties raised, and to which we responded in the Issues and Decision 
Memorandum, follows as an appendix to this notice. 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 in the Central 
Records Unit, Room B8024 of the main Department of Commerce building. 
In addition, a complete version of the Issues and Decision Memorandum 
can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The paper copy and electronic version of 
the Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \20\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------

Changes Since the Preliminary Results

Changes Specific to Wuxi Suntech

     Found that Wuxi Suntech and Luoyang Suntech should be 
treated as a single entity (the ``Wuxi Luoyang Single Entity.''
     Found that the Wuxi Luoyang Single Entity has established 
its eligibility for a separate rate.
     Calculated a dumping margin for the Wuxi Luoyang Single 
Entity.

Changes Specific to Yingli Energy (China) Company Limited

     Revised surrogate value calculations for certain direct 
materials, labor, financial ratios, and movement expenses.
     Revised certain material offsets.
     Revised the indirect selling expense ratio.
     Corrected ministerial errors.
     Revised the partial AFA calculation.

Other Changes

     Corrections to list of separate rate companies and no 
shipment companies.

Final Determination of No Shipments

    In the Preliminary Results, we found that 23 companies subject to 
this administrative review did not have reviewable transactions during 
the POR.\21\ We did not receive any comments concerning our finding of 
no shipments by these 23 companies. For these final results, the 
Department

[[Page 41000]]

continues to find that 23 companies that claimed no shipments during 
the POR did not have any reviewable transactions of subject merchandise 
during the POR.\22\
---------------------------------------------------------------------------

    \21\ See Preliminary Results and accompanying Preliminary 
Decision Memorandum at 5-6. We also preliminarily treated two 
companies which reported making no shipments during the POR, Luoyang 
Suntech and Shanghai Suntech, as part of the Wuxi Suntech Single 
Entity.
    \22\ Those 23 companies with no shipments during the POR are: 
(1) DelSolar Co., Ltd.; (2) Dongfang Electric (Yixing) MAGI Solar 
Power Technology Co., Ltd.; (3) ET Solar Energy Limited; (4) 
Hengdian Group DMEGC Magnetics Co., Ltd.; (5) Himin Clean Energy 
Holdings Co., Ltd.; (6) Jiangsu Green Power PV Co., Ltd.; (7) 
Jiangsu Jiasheng Photovoltaic Technology Co., Ltd.; (8) JinkoSolar 
International Limited; (9) Konca Solar Cell Co., Ltd.; (10) Kuttler 
Automation Systems (Suzhou) Co., Ltd.; (11) Motech (Suzhou) 
Renewable Energy Co., Ltd.; (12) Ningbo Ulica Solar Science & 
Technology Co., Ltd.; (13) Perlight Solar Co., Ltd.; (14) Shenzhen 
Suntech Power Co., Ltd.; (15) ShunFeng PV; (16) Sumec Hardware & 
Tools Co., Ltd.; (17) Tianwei New Energy (Chengdu) PV Module Co., 
Ltd.; (18) Upsolar Group Co., Ltd.; (19) Wanxiang Import & Export 
Co., Ltd.; (20) Yangzhou Rietech Renewal Energy Co., Ltd.; (21) 
Yangzhou Suntech Power Co., Ltd.; (22) Zhejiang Jiutai New Energy 
Co., Ltd.; (23) Zhenjiang Rietech New Energy Science & Technology 
Co., Ltd. As noted above, the Department has treated Luoyang 
Suntech, which reported making no shipments during the POR, as part 
of the Wuxi Luoyang Single Entity.
---------------------------------------------------------------------------

    In the Preliminary Results, we found that two companies, CSG PVTech 
Co., Ltd. and Jiangsu Sunlink PV Technology Co., Ltd., that claimed no 
exports, sales or entries of subject merchandise during the POR did, in 
fact, sell subject merchandise to the United States during the POR.\23\ 
Interested parties commented on the Department's preliminary finding 
with respect to these two companies.\24\ After considering these 
comments, the Department continues to find that these companies sold or 
made entries of subject merchandise to the United States during the 
POR. Neither of these companies filed a separate rate application or 
certification and thus they have not established their entitlement to a 
separate rate in this review.
---------------------------------------------------------------------------

    \23\ See Preliminary Results and accompanying Preliminary 
Decision Memorandum at 5-6.
    \24\ See Issues and Decision Memorandum at comment entitled, 
``Treatment of Jiangsu Sunlink PV Technology Co., Ltd.'' and comment 
entitled, ``Treatment of CSG PVTech Co., Ltd.''
---------------------------------------------------------------------------

Affiliation and Single Entity Determination

    For these final results of review, the Department finds, pursuant 
to 19 CFR 351.401(f), that Wuxi Suntech and Luoyang Suntech comprise a 
single entity (i.e., the Wuxi Luoyang Single Entity), which does not 
include Shanghai Suntech or Wuxi Sunshine.\25\
---------------------------------------------------------------------------

    \25\ See Issues and Decision Memorandum at the comment entitled, 
``The Department's Separate Rates Practice,'' and the comment 
entitled, ``Separate Rate Status of the Wuxi Suntech Collapsed 
Entity.'' See also Memorandum to Robert Bolling, Acting Director, 
AD/CVD Operations, Office IV, through Howard Smith, Program Manager, 
AD/CVD Operations, IV, ``Affiliation and Single Entity Status of 
Wuxi Suntech Power Co., Ltd. and Luoyang Suntech Power Co., Ltd., 
Final Results of Review,'' dated concurrently with this notice.
---------------------------------------------------------------------------

    Additionally, the Department continues to find, pursuant to 19 CFR 
351.401(f), that the following affiliated companies should be treated 
as a single entity: (1) Yingli Energy (China) Company Limited; (2) 
Baoding Tianwei Yingli; (3) Tianjin Yingli; (4) Hengshui Yingli; (5) 
Lixian Yingli; (6) Jiasheng; (7) Beijing Tianneng; and (8) Hainan 
Yingli.\26\
---------------------------------------------------------------------------

    \26\ See Memorandum to Abdelali Elouaradia, Director, AD/CVD 
Operations, Office IV, through Howard Smith, Program Manager, AD/CVD 
Operations, Office IV, ``Crystalline Silicon Photovoltaic Cells, 
Whether or Not Assembled Into Modules, from the People's Republic of 
China: Affiliation and Single Entity Status,'' dated December 31, 
2014.
---------------------------------------------------------------------------

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the ``Act''), the Department verified separate rate information 
provided by the Wuxi Suntech Single Entity.\27\ The Department 
conducted the verification using standard verification procedures 
including the examination of relevant records and the selection and 
review of original documentation containing relevant information. The 
results of the verification are outlined in the public version of the 
verification reports. The verification reports are on file 
electronically via ACCESS.
---------------------------------------------------------------------------

    \27\ See Memorandum to the File through Howard Smith, Program 
Manager, AD/CVD Operations, Office IV, Verification of the Separate 
Rates Questionnaire Responses of Wuxi Suntech Power Co., Ltd., dated 
April 28, 2015; Memorandum to the File through Howard Smith, Program 
Manager, AD/CVD Operations, Office IV, Verification of the Separate 
Rates Questionnaire Responses of Suntech Power Co., Ltd., dated 
April 28, 2015; and Memorandum to the File through Howard Smith, 
Program Manager, AD/CVD Operations, Office IV, Verification of the 
Separate Rates Questionnaire Responses of Wuxi Sunshine Power Co., 
Ltd., dated April 28, 2015.
---------------------------------------------------------------------------

Use of Partial Facts Available and Adverse Facts Available

    Section 776(a) of the Act provides that the Department shall apply 
facts available (``FA'') if (1) necessary information is not on the 
record, or (2) an interested party or any other person (A) withholds 
information that has been requested, (B) fails to provide information 
within the deadlines established, or in the form and manner requested 
by the Department, subject to subsections (c)(1) and (e) of section 782 
of the Act, (C) significantly impedes a proceeding, or (D) provides 
information that cannot be verified as provided by section 782(i) of 
the Act.
    Section 776(b) of the Act further provides that the Department may 
use adverse facts available (``AFA'') when a party has failed to 
cooperate by not acting to the best of its ability to comply with a 
request for information.
    Pursuant to sections 776(a) and (b) of the Act, in the Preliminary 
Determination, the Department applied partial adverse facts available 
(``AFA'') to a portion of Yingli Energy (China) Company Limited's 
sales. After considering comments submitted by interested parties, the 
Department continues to find that the application of partial AFA is 
warranted, however, the Department has revised the methodology used to 
apply partial AFA to a portion of Yingli Energy (China) Company 
Limited's sales for these final results of review.\28\ Further, the 
Department continues to find that the application of FA to account for 
Yingli (China) Company Limited's unreported factors of production 
(``FOP'') data is warranted.\29\
---------------------------------------------------------------------------

    \28\ See Issues and Decision Memorandum at Comment 9.
    \29\ See Preliminary Determination.
---------------------------------------------------------------------------

    Wuxi Suntech did not report certain FOP data from certain suppliers 
or tollers. Based on the specific facts on the record of this review 
and in accordance with section 776(a)(1) of the Act, the Department is 
applying FA with respect to these unreported FOP data.\30\ Due to the 
proprietary nature of the factual information concerning these FOP 
data, we explain the decision to use FA with respect to these FOP data 
in a separate business proprietary memorandum.\31\ As FA, we used FOP 
data that Wuxi Suntech was able to obtain from certain tollers or its 
own FOP information.
---------------------------------------------------------------------------

    \30\ See Issues and Decision Memorandum at Comment 9.
    \31\ See Memorandum through Howard Smith, Program Manager, AD/
CVD Operations, Office IV, to Robert Bolling, Acting Director, AD/
CVD Operations, Office IV, ``Crystalline Silicon Photovoltaic Cells, 
Whether or Not Assembled Into Modules, from the People's Republic of 
China: Unreported Factors of Production,'' dated concurrently with 
this notice.
---------------------------------------------------------------------------

Separate Rates

    In the Preliminary Results, the Department listed 20 companies not 
selected as mandatory respondents as having demonstrated their 
eligibility for separate rates.\32\ Since the Preliminary Results, the 
Department has not received any comments that would warrant a review of 
our preliminary results regarding 19 of these companies. Therefore we 
continue to find that these companies are eligible for a separate 
rate.\33\ Regarding LDK Solar Hi-tech

[[Page 41001]]

(Nanchang) Co., Ltd., in the Preliminary Results, the Department 
inadvertently listed this company as a company that was granted a 
separate rate. Because the review of LDK Solar Hi-tech (Nanchang) Co., 
Ltd. was rescinded in July 2014, that company is not subject to this 
review and thus no determination was made in this review with respect 
to its separate rate status.\34\
---------------------------------------------------------------------------

    \32\ See Preliminary Decision Memorandum at 13.
    \33\ The Department finds that the following 19 non-selected 
companies demonstrated their eligibility for separate rates: (1) 
Canadian Solar International Limited; (2) Canadian Solar 
Manufacturing (Changshu) Inc.; (3) Canadian Solar Manufacturing 
(Luoyang) Inc.; (4) Changzhou Trina Solar Energy Co., Ltd./Trina 
Solar (Changzhou) Science and Technology Co., Ltd.; (5) Chint Solar 
(Zhejiang) Co., Ltd.; (6) De-Tech Trading Limited HK; (7) Eoplly New 
Energy Technology Co., Ltd.; (8) Hangzhou Zhejiang University Sunny 
Energy Science and Technology Co., Ltd.; (9) Jinko Solar Import and 
Export Co., Ltd.; (10) Ningbo Qixin Solar Electrical Appliance Co., 
Ltd.; (11) Renesola Jiangsu Ltd.; (12) Shanghai BYD Co., Ltd.; (13) 
Shenzhen Topray Solar Co. Ltd.; (14) Sopray Energy Co., Ltd.; (15) 
Star Power International Limited; (16) Sun Earth Solar Power Co., 
Ltd.; (17) Yingli Green Energy Holding Company Limited; (18) Yingli 
Green Energy International Trading Company Limited; and (19) 
Zhejiang Sunflower Light Energy Science & Technology Limited 
Liability Company.
    \34\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules From the People's Republic of China: Amended 
Partial Rescission of Antidumping Duty Administrative Review, 79 FR 
43713, 43714 (July 28, 2014). For additional discussion, see Issues 
and Decision Memorandum at Comment 8.
---------------------------------------------------------------------------

PRC-Wide Entity

    In the Preliminary Results, the Department preliminarily determined 
to treat 21 companies subject to this review as part of the PRC-wide 
entity because they did not establish their eligibility to receive a 
separate rate.\35\ Interested parties commented on the Department's 
preliminary decision to treat the Wuxi Suntech Single Entity, ERA Solar 
Co., Ltd., Jiangsu Sunlink PV Technology Co., Ltd., CSG PVTech Co., 
Ltd., and Leye Photovoltaic Co., Ltd. as part of the PRC-wide 
entity.\36\ In the Preliminary Results, the Department collapsed Wuxi 
Suntech, Luoyang Suntech, Shanghai Suntech, and Wuxi Sunshine into a 
single entity, the Wuxi Suntech Single Entity, and did not grant this 
single entity a separate rate. In these final results we are only 
collapsing Wuxi Suntech and Luoyang Suntech. Based on record 
information, we find the collapsed entity comprising Wuxi Suntech and 
Luoyang Suntech has established its entitlement to a separate rate 
because it is wholly foreign owned.\37\ With respect to the other two 
companies that we preliminarily collapsed, but are no longer 
collapsing, with Wuxi Suntech, Shanghai Suntech reported that it made 
no shipments during the POR,\38\ and the Department, based on its 
examination of record evidence, finds that this company did not have 
any reviewable transactions of subject merchandise during the POR.\39\ 
Because Shanghai Suntech did not have any reviewable transactions 
during the POR, it does not qualify to be granted separate rates 
status.\40\ Additionally, all parties withdrew their requests to review 
Wuxi Sunshine and thus it is not subject to this administrative 
review.\41\ The Department continues to find that the remaining 
companies preliminarily found not to have established their eligibility 
for a separate rate to be part of the PRC-wide entity.\42\ In addition, 
the Department finds that LDK Hi-Tech (Nanchang Co., Ltd., which did 
not provide the Department with information regarding its eligibility 
for separate rate status, is also a part of the PRC-wide entity.\43\ 
Further, the Department finds that Leye Photovoltaic Co., Ltd. is not 
subject to this administrative review, and, therefore, retains its 
combination rate, i.e., separate rate for merchandise produced and 
exported by Leye Photovoltaic Co., Ltd., which it received in the 
underlying investigation.\44\
---------------------------------------------------------------------------

    \35\ See Preliminary Decision Memorandum at 15.
    \36\ See Issues and Decision Memorandum.
    \37\ Id.
    \38\ See Shanghai Suntech's February 26, 2014 submission to the 
Department.
    \39\ See Shanghai Suntech's October 21, 2014 submission to the 
Department.
    \40\ Shanghai Suntech received its separate rate as a company 
that belonged to the Wuxi Suntech Single Entity. Because we find 
that Shanghai Suntech is no longer part of the Wuxi Suntech Single 
Entity and is subject to review, we have considered whether it 
qualifies to be granted a separate-rate in this review.
    \41\ In the investigation, Wuxi Sunshine received its separate 
rate as a company that belonged to the Wuxi Suntech Single Entity. 
Because we find that Wuxi Sunshine is no longer part of the Wuxi 
Suntech Single Entity, Wuxi Sunshine is not entitled to the 
separate-rate rate status previously granted to that Single Entity. 
Accordingly, it is part of the PRC-Wide Entity for cash deposit 
purposes.
    \42\ See infra n. 49 for a list of companies that the Department 
has determined should be treated as part of the PRC-wide entity.
    \43\ See Issues and Decision Memorandum at Comment 8.
    \44\ Id. at Comment 7.
---------------------------------------------------------------------------

Rate for Separate-Rate Companies Not Selected as Mandatory Respondents

    The statute and the Department's regulations do not address the 
establishment of a rate to be applied to individual respondents not 
selected for examination when the Department limits its examination in 
an administrative review pursuant to section 777A(c)(2)(B) of the Act. 
Generally, the Department looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in an 
investigation, for guidance when calculating the rate for respondents 
which we did not individually examine in an administrative review. 
Section 735(c)(5)(A) of the Act instructs the Department to avoid 
calculating an all-others rate using rates which are zero, de minimis 
or based entirely on facts available. Accordingly, the Department's 
usual practice has been to average the weighted-average dumping margins 
for the selected companies, excluding rates that are zero, de minimis, 
or based entirely on facts available.\45\ Accordingly, the Department 
assigned to the companies that it did not individually examine, but 
which demonstrated their eligibility for a separate rate, the weighted-
average dumping margins calculated for the two mandatory 
respondents.\46\
---------------------------------------------------------------------------

    \45\ See Ball Bearings and Parts Thereof From France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 
52823, 52824 (September 11, 2008), and accompanying Issues and 
Decision Memorandum at Comment 16.
    \46\ See Memorandum to the File, through Howard Smith, Program 
Manager, AD/CVD Operations, Office IV, ``Calculation of the Final 
Margin for Separate Rate Recipients,'' dated concurrently with this 
notice.
---------------------------------------------------------------------------

Final Results

    We determine that the following weighted-average dumping margins 
exist for the POR:

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Yingli Single Entity: Yingli Energy (China) Company                 0.79
 Limited/Baoding Tianwei Yingli New Energy Resources
 Co., Ltd./Tianjin Yingli New Energy Resources Co.,
 Ltd./Hengshui Yingli New Energy Resources Co., Ltd./
 Lixian Yingli New Energy Resources Co., Ltd./Baoding
 Jiasheng Photovoltaic Technology Co., Ltd./Beijing
 Tianneng Yingli New Energy Resources Co., Ltd./
 Hainan Yingli New Energy Resources Co., Ltd.\47\....
Wuxi Suntech Power Co., Ltd./Luoyang Suntech Power                 33.08
 Co., Ltd............................................

[[Page 41002]]

 
Canadian Solar International Limited.................               9.67
Canadian Solar Manufacturing (Changshu) Inc..........               9.67
Canadian Solar Manufacturing (Luoyang) Inc...........               9.67
Changzhou Trina Solar Energy Co., Ltd./Trina Solar                  9.67
 (Changzhou) Science and Technology Co., Ltd.\48\....
Chint Solar (Zhejiang) Co., Ltd......................               9.67
De-Tech Trading Limited HK...........................               9.67
Eoplly New Energy Technology Co., Ltd................               9.67
Hangzhou Zhejiang University Sunny Energy Science and               9.67
 Technology Co., Ltd.................................
Jinko Solar Import and Export Co., Ltd...............               9.67
Ningbo Qixin Solar Electrical Appliance Co., Ltd.....               9.67
Renesola Jiangsu Ltd.................................               9.67
Shanghai BYD Co., Ltd................................               9.67
Shenzhen Topray Solar Co. Ltd........................               9.67
Sopray Energy Co., Ltd...............................               9.67
Star Power International Limited.....................               9.67
Sun Earth Solar Power Co., Ltd.......................               9.67
Yingli Green Energy Holding Company Limited..........               9.67
Yingli Green Energy International Trading Company                   9.67
 Limited.............................................
Zhejiang Sunflower Light Energy Science & Technology                9.67
 Limited Liability Company...........................
PRC-Wide Entity \49\.................................        \50\ 238.95
------------------------------------------------------------------------

Assessment Rates
---------------------------------------------------------------------------

    \47\ As noted above these companies comprise the Yingli Single 
Entity.
    \48\ In the investigation in this proceeding, the Department 
treated Changzhou Trina Solar Energy Co., Ltd. and Trina Solar 
(Changzhou) Science & Technology Co., Ltd. as a single entity. See 
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). Because no party has provided information on the 
record of the review contradicting this determination, the 
Department has continued to treat these companies as a single entity 
for purposes of this review.
    \49\ The PRC-wide entity includes the following companies: (1) 
Shanghai Suntech; (2) Wuxi Sunshine; (3) Changzhou NESL Solartech 
Co., Ltd.; (4) CSG PVTech Co., Ltd.; (5) Era Solar Co., Ltd.; (6) 
Innovosolar; (7) Jiangsu Sunlink PV Technology Co., Ltd.; (8) Jiawei 
Solarchina Co., Ltd.; (9) Jinko Solar Co., Ltd.; (10) LDK Solar Hi-
tech (Suzhou) Co., Ltd.; (11) Leye Photovoltaic Science Tech.; (12) 
Magi Solar Technology; (13) Ningbo ETDZ Holdings, Ltd.; (14) 
ReneSola; (15) Shanghai Machinery Complete Equipment (Group) Corp., 
Ltd.; (16) Shenglong PV-Tech; (17) Solarbest Energy-Tech (Zhejiang) 
Co., Ltd.; (18) Suzhou Shenglong PV-TECH Co., Ltd.; (19) Zhejiang 
Shuqimeng Photovoltaic Technology Co., Ltd.; (20) Zhejiang Xinshun 
Guangfu Science and Technology Co., Ltd.; (21) Zhejiang ZG-Cells 
Co., Ltd.; (22) Zhiheng Solar Inc.; and (23) LDK Hi-Tech (Nanchang 
Co., Ltd. In addition, the PRC-wide entity includes the companies 
listed in Appendix II of the notice Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled Into Modules From the People's 
Republic of China: Amended Partial Rescission of Antidumping Duty 
Administrative Review, 79 FR 43713 (July 28, 2014).
    \50\ This PRC-wide entity rate equals the PRC-wide entity rate 
of 249.96% adjusted for export subsidies and estimated domestic 
subsidy pass-through.
---------------------------------------------------------------------------

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries covered by this review. The Department intends to 
issue assessment instructions to CBP 15 days after the publication date 
of these final results of this review. In accordance with 19 CFR 
351.212(b)(1), we are calculating importer- (or customer-) specific 
assessment rates for the merchandise subject to this review. For any 
individually examined respondent whose weighted-average dumping margin 
is above de minimis (i.e., 0.50 percent), the Department will calculate 
importer- (or customer)-specific assessment rates for merchandise 
subject to this review. Where the respondent reported reliable entered 
values, the Department calculated importer- (or customer)-specific ad 
valorem rates by aggregating the dumping margins calculated for all 
U.S. sales to the importer- (or customer) and dividing this amount by 
the total entered value of the sales to the importer- (or 
customer).\51\ Where the Department calculated an importer- (or 
customer)-specific weighted-average dumping margin by dividing the 
total amount of dumping for reviewed sales to the importer- (or 
customer) by the total sales quantity associated with those 
transactions, the Department will direct CBP to assess importer- (or 
customer)-specific assessment rates based on the resulting per-unit 
rates.\52\ Where an importer- (or customer)- specific ad valorem or 
per-unit rate is greater than de minimis, the Department will instruct 
CBP to collect the appropriate duties at the time of liquidation. Where 
either the respondent's weighted average dumping margin is zero or de 
minimis, or an importer (or customer-) specific ad valorem or per-unit 
rate is zero or de minimis, the Department will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\53\
---------------------------------------------------------------------------

    \51\ See 19 CFR 351.212(b)(1).
    \52\ Id.
    \53\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
---------------------------------------------------------------------------

    On October 24, 2011, the Department announced a refinement to its 
assessment practice in NME antidumping duty cases.\54\ Pursuant to this 
refinement in practice, for merchandise that was not reported in the 
U.S. sales databases submitted by an exporter individually examined 
during this review, but that entered under the case number of that 
exporter (i.e., at the individually-examined exporter's cash deposit 
rate), the Department will instruct CBP to liquidate such entries at 
the PRC-wide rate, as adjusted for export subsidies and estimated 
domestic subsidy pass-through. Additionally, pursuant to this 
refinement, if the Department determines that an exporter under review 
had no shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number will be liquidated at the 
PRC-wide rate, as adjusted for export subsidies and estimated domestic 
subsidy pass-through.
---------------------------------------------------------------------------

    \54\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from the PRC

[[Page 41003]]

entered, or withdrawn from warehouse, for consumption on or after the 
publication date of this notice in the Federal Register, as provided by 
section 751(a)(2)(C) of the Act: (1) For the exporters listed above, 
the cash deposit rate will be the rate listed for each exporter in the 
table in the ``Final Results'' section of this notice; (2) for 
previously investigated PRC and non-PRC exporters that received a 
separate rate in a prior segment of this proceeding, the cash deposit 
rate will continue to be the existing exporter-specific rate; (3) for 
all PRC exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be the rate 
previously established for the PRC-wide entity; and (4) for all non-PRC 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the PRC 
exporter that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Disclosure

    We intend to disclose the calculations performed for these final 
results of review within five days of the date of publication of this 
notice in the Federal Register in accordance with 19 CFR 351.224(b).

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order (``APO'')

    This notice also serves as a reminder to parties subject to APO of 
their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305, which continues to govern business proprietary information in 
this segment of the proceeding. 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 terms of an APO is a violation which is subject to 
sanction.
    We are issuing these results of administrative review and 
publishing notice in accordance with sections 751(a)(1) and 777(i) of 
the Act.

    Dated: July 7, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary
Background
Scope of the Order
Treatment of Wuxi Suntech, Luoyang Suntech, Shanghai Suntech, and 
Wuxi Sunshine
Adjustment Under Section 777A(f) of the Act for Wuxi Suntech
Discussion of the Issues
    Comment 1. Rescission of the Reviews of JingAo Solar Co., Ltd. 
and Shanghai JA Solar PV Technology Co., Ltd.
    Comment 2. Treatment of ERA Solar Co., Ltd.
    Comment 3. PRC-Wide Entity Rate
    Comment 4. Assessment of Entries Made Prior to the International 
Trade Commission's Final Determination
    Comment 5. Treatment of Jiangsu Sunlink PV Technology Co., Ltd.
    Comment 6. Treatment of CSG PVTech Co., Ltd.
    Comment 7. Treatment of Leye Photovoltaic Science & Technology 
Co. Ltd.
    Comment 8. Rescission of Review of LDK Solar Hi-Tech (Nanchang) 
Co., Ltd.
    Comment 9. Whether to Apply Adverse Facts Available (``AFA'') to 
Two Unreported Yingli Sales
    Comment 10. Unreported FOPs by Suppliers and Tollers
    Comment 11. Surrogate Value for Cutting Wire
    Comment 12. Surrogate Value for Aluminum-Silver Paste
    Comment 13. Surrogate Value for Silver Paste
    Comment 14. Surrogate Value for Unclassified Stores
    Comment 15. Ocean Freight
    Comment 16. Brokerage and Handling
    Comment 17. Labor Calculation
    Comment 18. Surrogate Value for Natural Gas
    Comment 19. Surrogate Value for Nitric Acid
    Comment 20. Surrogate Value for Hydrofluoric Acid
    Comment 21. Application of Surrogate Marine Insurance Rate
    Comment 22. Conversion Factor for Natural Gas
    Comment 23. Movement Expenses for Yingli's EP Sale
    Comment 24. Surrogate Value for Backsheet
    Comment 25. Calculation of Surrogate Financial Profit Ratio
    Comment 26. Gross Unit Price Adjustments
    Comment 27. Surrogate Value for Wafers
    Comment 28. Export Subsidy Adjustment
    Comment 29. By-Product Offset for Broken Wafers
    Comment 30. Surrogate Value for Quartz Crucibles
    Comment 31. Surrogate Value for Junction Boxes
    Comment 32. Differential Pricing
    Comment 33. Surrogate Value for the Polysilicon Feedstock and 
Solar Cell Offsets
    Comment 34. Surrogate Value for Semi-finished Polysilicon Ingots 
and Blocks
    Comment 35. Surrogate Value for Aluminum Angle Keys
    Comment 36. Surrogate Value for Aluminum Frames
    Comment 37. Indirect Selling Expenses
    Comment 38. Application of a By-Product Recovery Cap on Recycled 
Paste
    Comment 39. Whether the Department Improperly Calculated the 
Partial AFA Rate Applied to Yingli
    Comment 40. Whether to Exclude Certain Reported CEP Sales
    Comment 41. Wuxi Suntech Separate Rate Status
    Comment 42. The Department's Separate Rates Practice in AD 
Proceedings Involving the PRC

[FR Doc. 2015-17238 Filed 7-13-15; 8:45 am]
 BILLING CODE 3510-DS-P