[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)]
[Notices]
[Pages 5711-5712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02002]


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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 
Antidumping Duty New Shipper Review

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

ACTION: Notice.

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SUMMARY: The request described below for a new shipper review of the 
antidumping duty (AD) order on crystalline silicon photovoltaic cells, 
whether or not assembled into modules, (``solar cells'') from the 
People's Republic of China (``PRC'') meets the statutory and regulatory 
requirements for initiation. The period of review (``POR'') for the new 
shipper review is December 1, 2014 through November 30, 2015.

DATES: Effective Date: February 3, 2016.

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 of Commerce (``Department'') 
published the AD order on solar cells from the PRC.\1\ On December 30, 
2015, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as 
amended (the ``Act''), and 19 CFR 351.214(c), the Department received a 
timely request for a new shipper review from Anji DaSol Solar Energy 
Science & Technology Co., Ltd. (``Anji DaSol'').\2\ On January 19, 
2016, the Department received entry data from U.S. Customs and Border 
Protection (``CBP'') related to Anji DaSol's request for a new shipper 
review, and on January 21, 2016, we requested comments on the entry 
data from

[[Page 5712]]

interested parties.\3\ Because the Department has certain concerns with 
the CBP entry data, on January 21, 2016, we also issued a questionnaire 
to Anji DaSol in order to seek additional information with respect the 
data.\4\ The Department intends to address these, and any remaining 
issues, after initiation of this NSR.\5\ We intend to request entry 
documents from CBP in order to confirm certain information reported by 
Anji DaSol. The continuation of the new shipper review will be 
contingent upon confirmation of the information reported in the review 
request.
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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).
    \2\ See Letter from Anji DaSol to the Secretary of Commerce 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Request for New 
Shipper Review,'' dated December 30, 2015 (``NSR Request'').
    \3\ See Letter to All Interested Parties ``Request for a New 
Shipper Review of Crystalline Silicon Photovoltaic Cells, Whether or 
Not Assembled Into Modules, from the People's Republic of China 12/
01/2014-11/30/15: Anji DaSol Solar Energy Science & Technology Co., 
Ltd.,'' dated January 21, 2016 (``CBP Data'').
    \4\ Due to the business proprietary nature of the CBP data, see 
Initiation Checklist at Part I, question 15 for further information.
    \5\ See Letter to Anji DaSol, ``Request for New Shipper Review 
of the Antidumping Duty Order on Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled Into Modules, from the People's 
Republic of China,'' dated January 21, 2016.
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    Anji DaSol stated that it is the producer and exporter of the 
subject merchandise upon which its request for a new shipper review is 
based. Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Anji DaSol certified that it did not export solar 
cells to the United States during the period of investigation 
(``POI''). In addition, pursuant to section 751(a)(2)(B)(i)(II) of the 
Act and 19 CFR 351.214(b)(2)(iii)(A), Anji DaSol certified that, since 
the initiation of the investigation, it has never been affiliated with 
any PRC exporter or producer who exported solar cells to the United 
States during the POI, including those not individually examined during 
the investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), Anji 
DaSol also certified that its export activities were not controlled by 
the central government of the PRC.\6\
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    \6\ See NSR Request, at Exhibit 1.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Anji DaSol submitted documentation establishing 
the following: (1) The date on which the subject merchandise was first 
entered, or withdrawn from warehouse, for consumption in the United 
States; (2) the volume of its first shipment; and (3) the date of its 
first sale to an unaffiliated customer in the United States.\7\
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    \7\ Id. at Exhibit 2.
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    The Department conducted a CBP database query and confirmed by 
examining the results that the sale of subject merchandise that Anji 
DaSol reported to the Department entered the United States during the 
POR specified by the Department's regulations.\8\
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    \8\ See 19 CFR 351.214(g)(1)(i)(A).
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Period of Review

    Pursuant to 19 CFR 351.214(g)(1)(i)(A), the POR for the new shipper 
review of Anji DaSol is December 1, 2014, through November 30, 2015.

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and 
based on the information on the record, the Department finds that Anji 
DaSol meets the threshold requirements for initiation of a new shipper 
review of its shipment of solar cells from the PRC.\9\ However, if the 
information supplied by Anji DaSol is later found to be incorrect or 
insufficient during the course of this proceeding, the Department may 
rescind the review or apply facts available pursuant to section 776 of 
the Act, depending upon the facts on the record.
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    \9\ See, generally, Memorandum to the File through Abdelali 
Elouaradia, Director, AD/CVD Operations, Office IV, ``Initiation of 
Antidumping New Shipper Review of Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled Into Modules, from the People's 
Republic of China: Anji DaSol Solar Energy Science & Technology Co., 
Ltd., Initiation Checklist,'' dated concurrently with this notice 
(``Initiation Checklist'').
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    Pursuant to 19 CFR 351.221(c)(1)(i), the Department will publish 
the notice of initiation of a new shipper review no later than the last 
day of the month following the anniversary or semiannual anniversary 
month of the order. The Department intends to issue the preliminary 
results of this new shipper review no later than 180 days from the date 
of initiation, and the final results of this review no later than 90 
days after the date the preliminary results are issued.\10\
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    \10\ See section 751(a)(2)(B)(iv) of the Act; 19 CFR 351.214(i).
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    It is the Department's usual practice, in cases involving non-
market economies (``NME''), to require that a company seeking to 
establish eligibility for an AD rate separate from the NME-wide entity 
rate provide evidence of de jure and de facto absence of government 
control over the company's export activities. Accordingly, we will 
issue a questionnaire to Anji DaSol which will include a section 
requesting information with regard to its export activities for the 
purpose of establishing its eligibility for a separate rate. The new 
shipper review of Anji DaSol will proceed if the response provides 
sufficient indication that the exporter is not subject to either de 
jure or de facto government control with respect to its exports of 
solar cells.
    We will instruct CBP to allow, at the option of the importer, the 
posting, until the completion of the review, of a bond or security in 
lieu of a cash deposit for certain entries of the subject merchandise 
from Anji DaSol in accordance with section 751(a)(2)(B)(iii) of the Act 
and 19 CFR 351.214(e). Because Anji DaSol certified that it exports and 
produces the subject merchandise that is the subject of this new 
shipper review, we will instruct CBP to permit the use of a bond only 
for entries of subject merchandise which Anji DaSol exported and 
produced.
    Interested parties requiring access to proprietary information in 
this new shipper review should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are published in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: January 27, 2016.
James Maeder,
Senior Director Antidumping and Countervailing Duty Operations, Office 
I.
[FR Doc. 2016-02002 Filed 2-2-16; 8:45 am]
 BILLING CODE 3510-DS-P