[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Pages 9427-9428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04061]


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

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 the 
Changed Circumstances Review

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

SUMMARY: On October 21, 2015, the Department of Commerce (the 
``Department'') published a notice of preliminary results of a changed 
circumstance review (``CCR'') 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'').\1\ Based on our analysis of the comments from interested 
parties, we continue to find that Neo Solar Power Corporation (``Neo 
Solar'') is not the successor-in-interest to DelSolar Co., Ltd. 
(``DelSolar Taiwan'') for purposes of determining AD liability in this 
proceeding for these final results and, as such, is subject to the PRC-
wide entity cash deposit rate with respect to entries of subject 
merchandise.
---------------------------------------------------------------------------

    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China: 
Preliminary Results of the Changed Circumstances Review, 80 FR 63743 
(October 21, 2015) (``Preliminary Results''). 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.

---------------------------------------------------------------------------
DATES: Effective: February 25, 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

    The Department initiated this CCR on March 18, 2015, and published 
the Preliminary Results on October 21, 2015.\2\ For a description of 
events that have occurred since the Preliminary Results, see the Issues 
and Decision Memorandum.\3\ 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 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 Issues and Decision Memorandum 
can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.
---------------------------------------------------------------------------

    \2\ 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''); see also Preliminary Results.
    \3\ See ``Issues and Decision Memorandum for the Final 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 with and hereby adopted in 
this notice.
---------------------------------------------------------------------------

    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement and Compliance, the Department has exercised its 
discretion to toll all administrative deadlines due to the recent 
closure of the Federal Government. All deadlines in this segment of the 
proceeding have been extended by four business days. The revised 
deadline for the final results of this review is now February 18, 
2016.\4\
---------------------------------------------------------------------------

    \4\ See Memorandum to the Record from Ron Lorentzen, Acting 
Assistant Secretary for Enforcement and Compliance, regarding 
``Tolling of Administrative Deadlines As a Result of the Government 
Closure During Snowstorm Jonas,'' dated January 27, 2016.
---------------------------------------------------------------------------

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 Issues and Decision Memorandum.\5\
---------------------------------------------------------------------------

    \5\ See ``Issues and Decision Memorandum for the Final 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 with and hereby adopted in 
this notice.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised by interested parties in the case briefs are 
addressed in the Issues and Decision Memorandum. A list of the issues 
addressed in the Issues and Decision Memorandum is appended to this 
notice.

Final Results of the Changed Circumstances Review

    Upon review of the comments received, the Department continues to 
find based upon the totality of the circumstances 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 and, further, that Neo Solar did not 
demonstrate that its operations, with respect to the subject 
merchandise, were materially similar to the operations of DelSolar 
Taiwan pertaining to supplier relationships and customer base, as 
discussed in the Preliminary Results and the Issues and Decision 
Memorandum. Therefore, in these final results, the Department continues 
to find that Neo Solar is not the successor-in-interest to DelSolar 
Taiwan for purposes of antidumping duty liability in this proceeding.

Instructions to U.S. Customs and Border Protection

    As a result of this determination, the Department finds that Neo 
Solar is subject to the cash deposit rate currently assigned to the 
PRC-wide entity with respect to the subject merchandise (i.e.,

[[Page 9428]]

238.95 percent).\6\ Consequently, the Department will instruct U.S. 
Customs and Border Protection to continue suspension of liquidation and 
to collect estimated antidumping duties for all shipments of subject 
merchandise produced by DelSolar Wujiang and exported by Neo Solar at 
the current cash deposit rate currently applicable to such entries, 
i.e., the cash deposit rate of 238.95 percent assigned to the PRC-wide 
entity.\7\ This cash deposit requirement shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \6\ 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).
    \7\ Id.
---------------------------------------------------------------------------

Notification to Parties

    This notice is the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable 
violation.
    The Department is issuing and publishing these results in 
accordance with sections 751(b)(1) and 777(i) of the Tariff Act of 
1930, as amended, and 19 CFR 351.216 and 19 CFR 351.221(c)(3)(i).

    Dated: February 17, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Issues
V. Summary of Findings
VI. Recommendation

[FR Doc. 2016-04061 Filed 2-24-16; 8:45 am]
BILLING CODE 3510-DS-P