[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63743-63745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26762]


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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: Preliminary Results 
of the Changed Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 18, 2015, the Department of Commerce (the 
``Department'') initiated a changed circumstance review (``CCR'') 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'') in response to a request from Neo 
Solar Power Corporation (``Neo Solar''), DelSolar Co., Ltd. (``DelSolar 
Taiwan''), and DelSolar (Wujiang) Ltd. (``DelSolar Wujiang'').\1\

[[Page 63744]]

Pursuant to section 751(b) of the Tariff Act of 1930, as amended (the 
``Act''), and 19 CFR 351.216, the Department preliminarily determines 
that Neo Solar is not the successor-in-interest to DelSolar Taiwan for 
purposes of determining antidumping duty (``AD'') liability in this 
proceeding. Interested parties are invited to comment on these 
preliminary results.
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    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China: 
Initiation of Changed Circumstances Review, 80 FR 15568 (March 24, 
2015) (``Initiation Notice''). We note that although the request was 
submitted on behalf of DelSolar Taiwan, the purported predecessor 
company, the request also states that DelSolar Taiwan no longer 
exists as a legal entity.

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DATES: Effective date: October 21, 2015.

FOR FURTHER INFORMATION CONTACT: Erin Kearney, 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.

SUPPLEMENTARY INFORMATION: 

Background

    On December 7, 2012, the Department published the AD order on solar 
cells from the PRC in the Federal Register.\2\ On February 4, 2015, Neo 
Solar, DelSolar Taiwan, and DelSolar Wujiang requested that the 
Department conduct an expedited CCR pursuant to section 751(b)(1) of 
the Act and 19 CFR 351.216(b) to determine that Neo Solar is the 
successor-in-interest to DelSolar Taiwan for purposes of the Order.\3\ 
On March 6, 2015, SolarWorld Americas, Inc., petitioner in the 
underlying investigation of solar cells (``Petitioner''), submitted 
comments opposing initiation of this review, contending that Neo Solar 
should not be treated as the successor-in-interest to DelSolar Taiwan 
because Neo Solar has neither established that it operates as the same 
business entity as DelSolar Taiwan, nor that it is eligible for a 
separate rate.\4\
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    \2\ 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'').
    \3\ See Letter from Neo Solar, DelSolar Taiwan, and DelSolar 
Wujiang, ``Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China: Changed 
Circumstances Review Request,'' dated February 4, 2015 (``CCR 
Request'').
    \4\ See Letter from the Petitioner, ``Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled Into Modules, from the 
People's Republic of China: Comments on Neo Solar Power 
Corporation's Request for a Changed Circumstances Review,'' dated 
March 6, 2015 (``Petitioner's Initiation Comments'').
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    The Department initiated this CCR on March 18, 2015.\5\ On June 4, 
2015, the Department issued a supplemental questionnaire to Neo Solar, 
DelSolar Taiwan, and DelSolar Wujiang.\6\ On June 30, 2015, Neo Solar, 
DelSolar Taiwan, and DelSolar Wujiang timely responded to the 
Department's supplemental questionnaire.\7\
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    \5\ See Initiation Notice.
    \6\ See Letter from Howard Smith, Program Manager, Office IV, 
``Supplemental Questionnaire in the Changed Circumstances Review of 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, from the People's Republic of China,'' dated June 4, 
2015 (``Supplemental Questionnaire'').
    \7\ See Letter from Neo Solar, DelSolar Taiwan, and DelSolar 
Wujiang, ``Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China,'' dated 
June 30, 2015 (``Supplemental Questionnaire Response'').
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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. 
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.
    A complete description of the scope of the order is contained in 
the Preliminary Decision Memorandum.\8\ The Preliminary 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 is available to all 
parties in the Central Records Unit, room B8024 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.
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    \8\ See ``Decision Memorandum for the Preliminary Results of the 
Antidumping Duty Changed Circumstances Review of Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled Into Modules, from the 
People's Republic of China: Neo Solar Power Corporation and DelSolar 
Co., Ltd.'' dated concurrently and hereby adopted in this notice.
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Methodology

    In accordance with section 751(b)(1) of the Act, we are conducting 
this CCR based upon the information contained in the submissions of Neo 
Solar, DelSolar Taiwan, and DelSolar Wujiang.\9\ For a full description 
of the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum.
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    \9\ See CCR Request and Supplemental Questionnaire Response.
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Preliminary Results of the Changed Circumstances Review

    Based on record evidence, we preliminarily determine that Neo Solar 
is not the successor-in-interest to DelSolar Taiwan. Specifically, we 
find that material changes occurred after DelSolar Taiwan merged with, 
and became part of, Neo Solar, including significant changes in 
management, the board of directors, and ownership. In addition, we find 
that Neo Solar did not demonstrate that its operations, with respect to 
the subject merchandise, were materially similar to the operations of 
DelSolar Taiwan when it comes to supplier relationships and customer 
base. Thus, we preliminarily determine that Neo Solar does not operate 
as the same business entity as DelSolar Taiwan with respect to the 
subject merchandise. A list of topics discussed in the Preliminary 
Decision Memorandum appears in the Appendix to this notice.
    If the Department upholds these preliminary results in the final 
results, Neo Solar will be subject to the cash deposit rate currently 
assigned to the PRC-wide entity (i.e., 238.95 percent).\10\
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    \10\ See 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, 80 FR 40998 (July 14, 
2015).
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Public Comment

    Interested parties may submit case briefs no later than 14 days 
after the date of publication of these preliminary results of review in 
the Federal Register.\11\ Rebuttal briefs, limited to issues raised in 
the case briefs, may be filed by no later than five days after the 
deadline for filing case briefs.\12\ Parties that submit case or 
rebuttal briefs are encouraged to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\13\ All briefs are to be filed electronically 
using

[[Page 63745]]

ACCESS.\14\ An electronically filed document must be received 
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the 
day on which it is due.\15\
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    \11\ See 19 CFR 351.309(c)(1)(ii). The Department has exercised 
its discretion under 19 CFR 351.309(c)(1)(ii) to alter the time 
limit for submission of case briefs.
    \12\ See 19 CFR 351.309(d)(1).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
    \14\ See 19 CFR 351.303(b).
    \15\ Id.
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    Any interested party may submit a request for a hearing to the 
Assistant Secretary of Enforcement and Compliance using ACCESS within 
14 days of publication of this notice in the Federal Register.\16\ 
Hearing requests should contain the following information: (1) The 
party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed.\17\ Oral 
presentations will be limited to issues raised in the briefs. If a 
request for a hearing is made, parties will be notified of the time and 
date of the hearing which will be held at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.\18\
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    \16\ See 19 CFR 351.310(c).
    \17\ Id.
    \18\ See 19 CFR 351.310(d).
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Final Results of the Review

    Unless extended, in accordance with 19 CFR 351.216(e), the 
Department intends to issue the final results of this changed 
circumstances review not later than 270 days after the date on which 
the review was initiated.

Notification to Parties

    The Department is issuing and publishing these results in 
accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 
351.216 and 351.221(c)(3)(i).

    Dated: October 15, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Results of the Changed Circumstances Review
    Discussion of Methodology
    Successor-in-Interest Analysis
    1. Ownership and Management
    2. Production Facilities
    3. Supplier Relationships
    4. Customer Base
V. Summary of Preliminary Findings
VI. Recommendation

[FR Doc. 2015-26762 Filed 10-20-15; 8:45 am]
BILLING CODE 3510-DS-P