[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Notices]
[Pages 80746-80749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32630]


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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 Antidumping Duty Administrative Review and Preliminary Determination 
of No Shipments; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting 
an 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''). The 
period of review (``POR'') is December 1, 2013 through November 30, 
2014. The administrative review covers two mandatory respondents, (1) 
Yingli Energy (China) Company Limited (``Yingli''), and (2) Changzhou 
Trina Solar Energy Co., Ltd. and Trina Solar (Changzhou) Science & 
Technology Co., Ltd. (``Trina''). The Department preliminarily finds 
that both mandatory respondents sold subject merchandise in the United 
States at prices below normal value (``NV'') during the POR. Interested 
parties are invited to comment on these preliminary results.

DATES: Effective date: December 28, 2015.

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen and Thomas Martin, AD/
CVD Operations, Office IV, Enforcement & Compliance, International 
Trade Administration, Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2769 or (202) 482-3936, respectively.

SUPPLEMENTARY INFORMATION:

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.\1\ 
Merchandise covered by this order 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.
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    \1\ For a complete description of the scope of the order, see 
``Decision Memorandum for Preliminary Results of the 2013-2014 
Antidumping Duty Administrative Review of Crystalline Silicon 
Photovoltaic Cells, Whether or not Assembled into Modules, From the 
People's Republic of China'' from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Operations, to Paul 
Piquado, Assistant Secretary for Enforcement and Compliance, issued 
concurrently with and hereby adopted by this notice (``Preliminary 
Decision Memorandum'').
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Preliminary Determination of No Shipments

    Based on an analysis of U.S. Customs and Border Protection 
(``CBP'') information, and comments provided by a number of companies, 
the Department preliminarily determines that Jiangsu Sunlink PV 
Technology Co., Ltd. and Shanghai JA Solar Technology Co., Ltd. each 
had no shipments during the POR. For additional information regarding 
this determination, see the Preliminary Decision Memorandum.
    Consistent with an announced refinement to its assessment practice 
in non-market economy (``NME'') cases, the Department is not rescinding 
this review, in part, but intends to complete the review with respect 
to the companies for which it has preliminarily found no shipments and 
issue appropriate instructions to CBP based on the final results of the 
review.\2\
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    \2\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and 
the ``Assessment Rates'' section, below.
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Preliminary Affiliation and Single Entity Determination

    Based on record evidence, the Department preliminarily finds that 
the mandatory respondent Yingli is affiliated with the following eight 
companies pursuant to section 771(33)(F) of the Tariff Act of 1930, as 
amended (``the Act''): (1) Baoding Tianwei Yingli New Energy Resources 
Co., Ltd.; (2) Tianjin Yingli New Energy Resources Co., Ltd.; (3) 
Hengshui Yingli New Energy Resources Co., Ltd.; (4) Lixian Yingli New 
Energy Resources Co., Ltd.; (5) Baoding Jiasheng Photovoltaic 
Technology Co., Ltd.; (6) Beijing Tianneng Yingli New Energy Resources 
Co., Ltd.; (7) Hainan Yingli New Energy Resources Co., Ltd.; (8) 
Shenzhen Yingli New Energy Resources Co., Ltd. Furthermore, the 
Department preliminarily finds that the mandatory respondent Trina is 
affiliated with the following four companies pursuant to section 
771(33)(F) of the Act: (1) Yancheng Trina Solar Energy Technology Co., 
Ltd.; (2) Changzhou Trina Solar Yabang Energy Co., Ltd.; (3) Turpan 
Trina Solar Energy Co., Ltd.; (4) Hubei Trina Solar Energy Co., Ltd. In 
addition, based on the information presented in this review, we 
preliminarily find that each of the mandatory respondents and their 
affiliates should be treated, respectively, as a single entity for the 
purposes of this review pursuant to 19 CFR 351.401(f). For additional 
information, see the Preliminary Decision Memorandum and

[[Page 80747]]

Yingli and Trina Collapsing Memoranda.\3\
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    \3\ See the December 18, 2015 Memoranda from Jeff Pedersen to 
Abdelali Elouaradia concerning ``Affiliation and Single Entity 
Status'' (``Yingli Collapsing Memorandum''), and the December 18, 
2015 Memoranda from Thomas Martin to Abdelali Elouaradia concerning 
``Affiliation and Single Entity Status'' (``Trina Collapsing 
Memorandum'').
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Use of Partial Facts Available (``FA'') and Partial Adverse Facts 
Available (``AFA'')

    Section 776(a) of the Act provides that the Department shall apply 
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 an adverse inference in applying FA (i.e., AFA) when a party has 
failed to cooperate by not acting to the best of its ability to comply 
with a request for information. Such an adverse inference may include 
reliance on information derived from the petition, the final 
determination, a previous administrative review, or other information 
placed on the record.
    Yingli was unable to obtain factor of production (``FOP'') data 
from its unaffiliated processors and its unaffiliated suppliers of 
solar cells. Pursuant to section 776(a) of the Act, the Department 
finds that it is appropriate to use FA in valuing the missing FOP data. 
For details regarding these determinations, see the Preliminary 
Decision Memorandum and the Yingli Unreported FOP Memorandum.\4\
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    \4\ See the memorandum from Jeff Pedersen to Abdelali Elouaradia 
entitled ``Unreported Factors of Production,'' dated concurrently 
with these preliminary results (``Yingli Unreported FOP 
Memorandum'').
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    Trina was also unable to obtain FOPs from all but one of its 
unaffiliated toll processors and its unaffiliated suppliers of solar 
cells. Because the unreported FOPs for solar cells represented a 
significant quantity of missing information, the Department 
subsequently issued a questionnaire to the largest five of Trina's 
suppliers of solar cells, by quantity. In response, these suppliers 
stated that they would not respond to the Department's questionnaire. 
Because necessary information is not available on the record, and in 
accordance with section 776(a)(1) of the Act, the Department is 
applying FA with respect to the FOPs from the unaffiliated tollers. 
However, we have determined that it is appropriate to apply AFA, 
pursuant to section 776(b) of the Act, to the unreported FOPs for 
purchased solar cells. For details regarding this determination, see 
the Preliminary Decision Memorandum and the Trina Unreported FOP 
Memorandum.\5\
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    \5\ See the memorandum from Thomas Martin to Abdelali Elouaradia 
entitled ``Unreported Factors of Production,'' dated concurrent with 
these preliminary results (``Trina Unreported FOP Memorandum'').
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Separate Rates

    The Department preliminarily determines that information placed on 
the record by the mandatory respondents Trina and Yingli, as well as by 
15 other separate rate applicants, demonstrates that these companies 
are entitled to separate rate status. For additional information, see 
the Preliminary Decision Memorandum.

Rate for Separate-Rate Companies Not Individually Examined

    The statute and the Department's regulations do not address the 
establishment of a rate to be applied to respondents not selected for 
individual 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 articulates a preference that we not 
calculate 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 examined companies, excluding rates that are zero, de minimis, or 
based entirely on facts available.\6\ In this administrative review 
both mandatory respondents, Yingli and Trina, have estimated weighted-
average dumping margins which are not zero or de minimis and which are 
not based entirely on facts available. Because there are only two 
relevant weighted-average dumping margins for these preliminary 
results, using a weighted-average of these two rates risks disclosure 
of business proprietary data. Therefore, the Department assigned a 
weighted-average dumping margin to the separate rate companies as 
described in the Separate Rate Calculation Memorandum.\7\ The separate 
rate companies are listed in the ``Preliminary Determination'' section 
of this notice.
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    \6\ 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.
    \7\ See the memorandum from Jeff Pedersen to Howard Smith 
entitled ``2013-2014 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: 
Calculation of the Margin for Respondents Not Selected for 
Individual Examination,'' dated concurrently with this notice.
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PRC-Wide Entity

    The Department's change in policy regarding conditional review of 
the PRC-wide entity applies to this administrative review.\8\ Under 
this policy, the PRC-wide entity will not be under review unless a 
party specifically requests, or the Department self-initiates, a review 
of the entity. Because no party requested a review of the PRC-wide 
entity in this review, the entity is not under review and the entity's 
rate (i.e., 238.95 percent) is not subject to change.\9\ Aside from the 
companies with no shipments, the separate rate companies discussed 
above, and the companies for which the review was previously 
rescinded,\10\ the Department considers all other companies for which a 
review was requested \11\ to be part of the PRC-wide entity. For 
additional information, see the Preliminary Decision Memorandum.
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    \8\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \9\ 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, 41002 (July 
14, 2015) (``AR1 Final Results'').
    \10\ See Crystalline Silicon Photovoltaic Cells, Whether or not 
Assembled into Modules from the People's Republic of China: Partial 
Rescission of Antidumping Duty Administrative Review, 80 FR 46245 
(August 4, 2015).
    \11\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 80 FR 
6041 (February 4, 2015) (``Initiation Notice'').
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Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Act. The Department calculated constructed export 
prices in

[[Page 80748]]

accordance with section 772 of the Act. Given that the PRC is a NME 
country, within the meaning of section 771(18) of the Act, the 
Department calculated NV in accordance with section 773(c) of the Act.
    For a full description of the methodology underlying the 
preliminary results of this review, see the Preliminary Decision 
Memorandum. The Preliminary Decision Memorandum is a public document 
and is made available to the public 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 found at http://enforcement.trade.gov/frn/. The signed and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the POR:

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Yingli Energy (China) Company Limited/Baoding Tianwei              11.47
 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./Shenzhen Yingli New Energy
 Resources Co., Ltd..................................
Changzhou Trina Solar Energy Co., Ltd./Trina Solar                  4.53
 (Changzhou) Science and Technology Co., Ltd./
 Yancheng Trina Solar Energy Technology Co., Ltd./
 Changzhou Trina Solar Yabang Energy Co., Ltd./Turpan
 Trina Solar Energy Co., Ltd./Hubei Trina Solar
 Energy Co., Ltd.....................................
BYD (Shangluo) Industrial Co., Ltd...................               7.27
Canadian Solar International Limited.................               7.27
Canadian Solar Manufacturing (Changshu) Inc..........               7.27
Canadian Solar Manufacturing (Luoyang) Inc...........               7.27
Dongguan Sunworth Solar Energy Co., Ltd..............               7.27
ERA Solar Co., Ltd...................................               7.27
ET Solar Energy Limited..............................               7.27
JA Solar Technology Yangzhou Co., Ltd................               7.27
Jiangsu High Hope Int'l Group........................               7.27
JingAo Solar Co., Ltd................................               7.27
Ningbo Qixin Solar Electrical Appliance Co., Ltd.....               7.27
Shanghai BYD Co., Ltd................................               7.27
Shenzhen Glory Industries Co., Ltd...................               7.27
Shenzhen Topray Solar Co., Ltd.......................               7.27
Wuxi Suntech Power Co., Ltd./Luoyang Suntech Power                  7.27
 Co., Ltd............................................
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Disclosure and Public Comment

    The Department intends to disclose to parties the calculations 
performed for these preliminary 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). Interested parties may submit case 
briefs no later than 30 days after the date of publication of these 
preliminary results of review.\12\ Rebuttal briefs may be filed no 
later than five days after case briefs are due and may respond only to 
arguments raised in the case briefs.\13\ A table of contents, list of 
authorities used, and an executive summary of issues should accompany 
any briefs submitted to the Department. The summary should be limited 
to five pages total, including footnotes.\14\
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    \12\ See 19 CFR 351.309(c)(ii).
    \13\ See 19 CFR 351.309(d).
    \14\ See 19 CFR 351.309(c)(2), (d)(2).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, within 30 days after the date 
of publication of this notice.\15\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. Oral argument presentations will be 
limited to issues raised in the briefs. If a request for a hearing is 
made, the Department intends to hold the hearing at the U.S. Department 
of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230, at a date and time to be determined.\16\ Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date.
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    \15\ See 19 CFR 351.310(c).
    \16\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS.\17\ An electronically filed document must 
be received successfully in its entirety by the Department's electronic 
records system, ACCESS, by 5 p.m. Eastern Time (``ET'') on the due 
date. Documents excepted from the electronic submission requirements 
must be filed manually (i.e., in paper form) with the APO/Dockets Unit 
in Room 18022 and stamped with the date and time of receipt by 5 p.m. 
ET on the due date.\18\
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    \17\ See generally 19 CFR 351.303.
    \18\ See 19 CFR 351.303 (for general filing requirements); 
Antidumping and Countervailing Duty Proceedings: Electronic Filing 
Procedures; Administrative Protective Order Procedures, 76 FR 39263 
(July 6, 2011).
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    Unless otherwise extended, the Department intends to issue the 
final results of this administrative review, which will include the 
results of its analysis of issues raised in any briefs, within 120 days 
of publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results of this review, the Department 
will determine, and CBP shall assess, antidumping duties on all 
appropriate entries covered by this review.\19\ The Department intends 
to issue assessment instructions to CBP 15 days after the publication 
date of the final results of this review. For each individually 
examined respondent in this review whose weighted-average dumping

[[Page 80749]]

margin in the final results of review is not zero or de minimis (i.e., 
less than 0.5 percent), the Department intends to calculate importer-
specific assessment rates, in accordance with 19 CFR 351.212(b)(1).\20\ 
Where the respondent reported reliable entered values, the Department 
intends to calculate importer-specific ad valorem assessment rates by 
aggregating the amount of dumping calculated for all U.S. sales to the 
importer and dividing this amount by the total entered value of the 
sales to the importer.\21\ Where the importer did not report entered 
values, the Department calculates an importer-specific assessment rates 
by dividing the amount of dumping for reviewed sales to the importer- 
by the total sales quantity associated with those transactions. In 
addition, the Department will calculate an estimated ad valorem 
importer-specific assessment rate to determine whether this rate is de 
minimis, however, the Department will direct CBP to assess importer-
specific assessment rates based on the resulting per-unit rates.\22\ 
Where an importer-specific ad valorem is not zero or 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-specific ad 
valorem assessment rate is zero or de minimis, the Department will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\23\
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    \19\ See 19 CFR 351.212(b)(1).
    \20\ See Antidumping Proceedings: Calculation of the Weighted 
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) 
(``Final Modification'').
    \21\ See 19 CFR 351.212(b)(1).
    \22\ Id.
    \23\ See Final Modification, 77 FR at 8103.
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    On October 24, 2011, the Department announced a refinement to its 
assessment practice in NME antidumping duty proceedings.\24\ Pursuant 
to this refinement in practice, for entries that were not reported in 
the U.S. sales database submitted by an exporter individually examined 
during this review, the Department will instruct CBP to liquidate such 
entries at the rate for the PRC-wide entity. 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 CBP case number will be 
liquidated at the rate for the PRC-wide entity.
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    \24\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.?>
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    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated antidumping 
duties, where applicable.

Cash Deposit Requirements

    The Department will instruct CBP to require a cash deposit for 
antidumping duties equal to the weighted-average amount by which the 
normal value exceeds U.S. price. 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 entered, or withdrawn from warehouse, for consumption on 
or after the publication date of this notice, as provided by section 
751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash 
deposit rate will be equal to the weighted-average dumping margin 
established in the final results of this review (except, if the rate is 
de minimis (i.e., less than 0.5 percent), then the cash deposit rate 
will be zero for that exporter); (2) for previously investigated or 
reviewed PRC and non-PRC exporters not listed above that have separate 
rates, the cash deposit rate will continue to be the exporter-specific 
rate published for the most recently completed segment of this 
proceeding; (3) for all PRC exporters of subject merchandise which have 
not been found to be entitled to a separate rate, the cash deposit rate 
will be the rate for the PRC-wide entity (i.e., 238.95 percent \25\) 
and (4) for all non-PRC exporters of subject merchandise that 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.
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    \25\ See AR1 Final Results, 80 FR at 41002.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties and/or countervailing 
duties prior to liquidation of the relevant entries during this POR. 
Failure to comply with this requirement could result in the 
Department's presumption that reimbursement of antidumping duties and/
or countervailing duties has occurred, and the subsequent assessment of 
double antidumping duties and/or increase the amount of antidumping 
duties by the amount of the countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 
351.221(b)(4).

    Dated: December 18, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Duty Absorption
5. Preliminary Determination of No Shipments
6. Selection of Respondents
7. Single Entity Treatment
8. Discussion of the Methodology
    a. NME Country
    b. Separate Rates
    c. Application of Partial FA and AFA
    d. Surrogate Country
    e. Date of Sale
    f. Fair Value Comparisons
    g. U.S. Price
    h. Normal Value
    i. Section 777A(f) of the Act
    j. Currency Conversion
9. Conclusion

[FR Doc. 2015-32630 Filed 12-24-15; 8:45 am]
 BILLING CODE 3510-DS-P