[Federal Register Volume 81, Number 118 (Monday, June 20, 2016)]
[Notices]
[Pages 39905-39908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14532]


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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: Final Results of 
Antidumping Duty Administrative Review and Final Determination of No 
Shipments; 2013-2014

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

SUMMARY: On December 28, 2015, the Department of Commerce (the 
``Department'') published its preliminary results in the 2013-2014 
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 December 1, 2013, through November 
30, 2014. This administrative review covers two mandatory respondents: 
(1) The collapsed entity Yingli \2\ and (2) the collapsed entity 
Trina.\3\ Based on our analysis of the

[[Page 39906]]

comments received, we made certain changes to our margin calculations 
for Yingli and Trina. The final dumping margins for this review are 
listed in the ``Final Results'' section below.
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    \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; 2013-2014, 80 FR 80746 
(December 28, 2015) (``Preliminary Results''), and accompanying 
Preliminary Decision Memorandum (``PDM'').
    \2\ In these final results of review, the Department has 
continued to treat the mandatory respondent Yingli Energy (China) 
Company Limited and the following eight companies as a single 
entity: (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. (collectively ``Yingli''). See 
Preliminary Results, 80 FR at 80746, and PDM at 6-8; see also the 
December 18, 2015 memorandum from Jeff Pedersen International Trade 
Analyst, AD/CVD Operations, Office IV to Abdelali Elouaradia 
Director AD/CVD Operations, Office IV, concerning affiliation and 
single entity status.
    \3\ In these final results of review, the Department has 
continued to treat the mandatory respondent Changzhou Trina Solar 
Energy Co., Ltd. and Trina Solar (Changzhou) Science & Technology 
Co., Ltd. and the following four companies as a single entity: (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. (collectively 
``Trina''). See Preliminary Results, 80 FR at 80746, and PDM; see 
also the December 18, 2015 memorandum from Thomas Martin 
International Trade Analyst, AD/CVD Operations, Office IV to 
Abdelali Elouaradia Director AD/CVD Operations, Office IV concerning 
affiliation and single entity status.

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.

Background

    On December 28, 2015, the Department published its Preliminary 
Results in this review. On January 27, 2016, SolarWorld Americas Inc. 
(``Petitioner''), Yingli, and Trina requested a hearing. On February 2, 
2016, Petitioner, Yingli, and Trina submitted case briefs.\4\ On 
February 10, 2016, Petitioner, Yingli, and Trina submitted rebuttal 
briefs.\5\ On March 4, 2016, Yingli and Trina withdrew their requests 
for a hearing.\6\ On March 9, 2016, Petitioner withdrew its request for 
a hearing.\7\ Thus, there are no outstanding hearing requests. On 
January 27, 2016, the Department tolled all administrative deadlines as 
a result of the government closure due to Snowstorm ``Jonas.'' \8\ 
Subsequently, the Department extended the deadline for the final 
results of this review until June 13, 2016.\9\
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    \4\ See Letters to the Department from Petitioner, ``Solar World 
Americas, Inc.'s Case Brief,'' Yingli ``Yingli's Case Brief,'' and 
Trina ``Trina's Case Brief,'' all dated February 2, 2016.
    \5\ See Letters to the Department from Petitioner, ``Solar World 
Americas, Inc.'s Rebuttal Brief,'' Yingli ``Yingli's Rebuttal 
Brief,'' and Trina ``Trina's Rebuttal Brief,'' all dated February 
10, 2016.
    \6\ See Letters to the Department from Yingli ``Withdrawal of 
Yingli's Hearing Request,'' and Trina ``Withdrawal of Hearing 
Request,'' both dated March 4, 2016.
    \7\ See Letter to the Department from Petitioner, ``Withdrawal 
of Request for Hearing,'' dated March 9, 2016.
    \8\ See January 27, 2016, memorandum to the record from Ron 
Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, entitled ``Tolling of Administrative Deadlines as a 
Result of the Government Closure during Snowstorm `Jonas'.''
    \9\ See April 26, 2016 and May 26, 2016 memoranda from Jeff 
Pedersen, Senior International Trade Compliance Analyst, Office IV, 
Antidumping and Countervailing Duty Operations to Christian Marsh 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations concerning extensions of the deadline for these final 
results of review.
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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.\10\ 
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.
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    \10\ For a complete description of the scope of the order, see 
Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, ``Decision 
Memorandum for the Final 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,'' (``Issues and Decision Memorandum''), dated concurrently 
with this notice.
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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,\11\ 
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 https://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.
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    \11\ See Issues and Decision Memorandum.
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Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we made the 
following revisions to our preliminary calculations of the weighted-
average dumping margins for Trina and Yingli:

Changes Specific to Trina

     Revised surrogate value choices for certain direct 
materials, material offsets, and movement expenses.
     Revised the imputed credit expense calculation.
     Revised the warranty expense calculation.
     Revised the calculation of domestic inland insurance and 
marine insurance expenses.

Changes Specific to Yingli

     Revised surrogate value choices for certain direct 
materials and movement expenses.
     Corrected a conversion error.

Final Determination of No Shipments

    In the Preliminary Results, we found that Jiangsu Sunlink PV 
Technology Co., Ltd. and Shanghai JA Solar Technology Co., Ltd. each 
had no shipments during the POR.\12\ We did not receive any comments 
concerning our finding of no shipments by these two companies. For 
these final results, the Department continues to find that Jiangsu 
Sunlink PV Technology Co., Ltd. and Shanghai JA Solar Technology Co., 
Ltd. did not have any reviewable transactions of subject merchandise 
during the POR.
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    \12\ See Preliminary Results, 80 FR at 80746, and PDM at 5-6.
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Separate Rates

    In the Preliminary Results, the Department determined that Trina, 
Yingli, and 15 other separate rate applicants (``separate rate 
respondents''),\13\ had demonstrated their eligibility for separate 
rates \14\ but determined to treat six other companies \15\ subject to 
this review as part of the PRC-wide entity because they did not 
establish their eligibility to receive a separate rate.\16\ Since the 
Preliminary Results, the Department has not received any comments that 
would warrant a review of our preliminary

[[Page 39907]]

separate rate determinations regarding these companies. Therefore, we 
continue to find that these 15 separate rate respondents are eligible 
for a separate rate while the other six companies are not, and thus 
these six companies are part of the PRC-wide entity. The Department 
assigned a weighted-average dumping margin to the separate rate 
companies that it did not individually examine, but which demonstrated 
their eligibility for a separate rate, based on the mandatory 
respondent's dumping margins as explained in the memorandum to the file 
regarding ``Calculation of the Final Dumping Margin for Separate Rate 
Recipients'' dated concurrently with this notice.\17\
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    \13\ These companies are: (1) Yingli; (2) Trina; (3) BYD 
(Shangluo) Industrial Co., Ltd.; (4) Dongguan Sunworth Solar Energy 
Co., Ltd.; (5) ERA Solar Co., Ltd.; (6) Jiangsu High Hope Int'l 
Group; (7) Ningbo Qixin Solar Electrical Appliance Co., Ltd.; (8) 
Shanghai BYD Co., Ltd.; (9) Shenzhen Glory Industries Co., Ltd. (10) 
Shenzhen Topray Solar Co., Ltd.; (11) Wuxi Suntech Power Co., Ltd./
Luoyang Suntech Power Co., Ltd.; (12) Canadian Solar International 
Limited; (13) Canadian Solar Manufacturing (Changshu) Inc.; (14) 
Canadian Solar Manufacturing (Luoyang) Inc.; (15) ET Solar Energy 
Limited; (16) JA Solar Technology Yangzhou Co., Ltd.; and (17) 
JingAo Solar Co., Ltd.
    \14\ See PDM at 10-12.
    \15\ These companies are: (1) Canadian Solar Inc.; (2) ET Solar 
Industry Limited; (3) MS Solar Investments LLC; (4) Yingli Green 
Energy Americas, Inc.; (5) Yingli Green Energy Holding Co., Ltd.; 
and (6) Yingli Green Energy International Trading Company Limited.
    \16\ See PDM at 10-15.
    \17\ See Memorandum to the File, from Jeff Pedersen through 
Howard Smith, Program Manager, AD/CVD Operations, Office IV, 
``Calculation of the Final Margin for Separate Rate Recipients,'' 
dated concurrently with this notice.
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Final Results

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

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Yingli Energy (China) Company Limited/Baoding Tianwei              12.19
 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                  6.12
 (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...................               8.52
Canadian Solar International Limited.................               8.52
Canadian Solar Manufacturing (Changshu) Inc..........               8.52
Canadian Solar Manufacturing (Luoyang) Inc...........               8.52
Dongguan Sunworth Solar Energy Co., Ltd..............               8.52
ERA Solar Co., Ltd...................................               8.52
ET Solar Energy Limited..............................               8.52
JA Solar Technology Yangzhou Co., Ltd................               8.52
Jiangsu High Hope Int'l Group........................               8.52
JingAo Solar Co., Ltd................................               8.52
Ningbo Qixin Solar Electrical Appliance Co., Ltd.....               8.52
Shanghai BYD Co., Ltd................................               8.52
Shenzhen Glory Industries Co., Ltd...................               8.52
Shenzhen Topray Solar Co., Ltd.......................               8.52
Wuxi Suntech Power Co., Ltd./Luoyang Suntech Power                  8.52
 Co., Ltd............................................
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Disclosure

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

Assessment Rates

    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).\18\ 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.\19\ 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.\20\
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    \18\ See 19 CFR 351.212(b)(1).
    \19\ Id.
    \20\ 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).
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    For merchandise that was not reported in the U.S. sales database 
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. 
Additionally, 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.\21\
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    \21\ 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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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 entered, or withdrawn 
from warehouse,

[[Page 39908]]

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 (i.e., 238.95 percent); \22\ 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.
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    \22\ 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).
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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 Department'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 final results of administrative review and 
publishing this notice in accordance with sections 751(a)(1) and 777(i) 
of the Act.

    Dated: June 13, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary
Background
Scope of the Order

Discussion of the Issues

Comment 1: Surrogate Country
Comment 2: Conversion of the Market Economy Price for Wafers
Comment 3: Valuation of ``Unclassified Stores'' of Polysilicon
Comment 4: Valuation of Brokerage and Handling in Doing Business in 
Thailand
Comment 5: Whether the Department should adjust the brokerage and 
handling SV used for Trina in the Preliminary Results
Comment 6: Calculation of Surrogate Labor Value
Comment 7: Surrogate Value for Aluminum Angle Keys
Comment 8: Surrogate Value for Aluminum Frames
Comment 9: Differential Pricing
Comment 10: Valuing Tempered Glass
Comment 11: Surrogate Value for Junction Boxes
Comment 12: Financial Statements
Comment 13: Surrogate Value for Semi-finished Polysilicon Ingots and 
Blocks
Comment 14: Surrogate Value for Backsheets
Comment 15: World Cup Sponsorship
Comment 16: Data Source to use to Value Polysilicon and Wafers
Comment 17: Calculation of Scrap for Waste Cells and Modules
Comment 18: Whether the Department applied the correct surrogate 
value to Trina's silver paste
Comment 19: Whether the Department should apply partial AFA to 
Trina's unreported factors of production for purchased solar cells
Comment 20: Whether the Department erroneously valued certain 
overhead items as direct materials
Comment 21: Whether the Department applied the correct surrogate 
value to nitrogen
Comment 22: Whether the Department should not include import data 
with zero quantities in the average unit SV calculation
Comment 23: Whether the Department should revise the SV for 
brokerage and handling
Comment 24: Whether the Department should revise Trina's credit 
expenses and inventory carrying costs
Comment 25: Whether the Department should revise Trina's warranty 
expenses when calculating CEP
Comment 26: Whether the Department should revise Trina's insurance 
expenses

[FR Doc. 2016-14532 Filed 6-17-16; 8:45 am]
BILLING CODE 3510-DS-P