[Federal Register Volume 81, Number 138 (Tuesday, July 19, 2016)]
[Notices]
[Pages 46904-46906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17064]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-980]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Final Results of 
Countervailing Duty Administrative Review; 2013

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

SUMMARY: The Department of Commerce (the Department) has completed its 
administrative review of the countervailing duty (CVD) order on 
crystalline silicon photovoltaic cells, whether or not assembled into 
modules (solar cells), from the People's Republic of China (the PRC) 
for the period of review (POR) covering January 1, 2013, through 
December 31, 2013. On January 8, 2016, we published the preliminary 
results of this review.\1\
---------------------------------------------------------------------------

    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, From the People's Republic of China: 
Preliminary Results of Countervailing Duty Administrative Review; 
2013; and Partial Rescission of Countervailing Duty Administrative 
Review, 81 FR 908 (January 8, 2016) (Preliminary Results).
---------------------------------------------------------------------------

    We provided interested parties with an opportunity to comment on 
the Preliminary Results. Our analysis of the comments submitted 
resulted in a change to the net subsidy rates for respondent JA Solar 
Technology Yangzhou Co., Ltd. and its crossed-owned companies 
(collectively, JA Solar). The final net subsidy rates are listed below 
in the section entitled, ``Final Results of the Review.''
    Withdrawals of certain requests for review were timely filed and, 
as a result, we rescinded this administrative review with respect to 
certain companies, pursuant to 19 CFR 351.213(d)(1), and proceeded with 
the review of JA Solar, Changzhou Trina Solar Energy Co., Ltd. (Trina), 
and Wuxi Suntech Power Co., Ltd. (Suntech).\2\
---------------------------------------------------------------------------

    \2\ For a list of the rescinded companies, see Preliminary 
Results at Appendix II.

---------------------------------------------------------------------------
DATES: Effective Date: July 19, 2016.

FOR FURTHER INFORMATION CONTACT: David Lindgren, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
3870.

SUPPLEMENTARY INFORMATION: 

Background

    Following the Preliminary Results, the Department conducted 
verification of the questionnaire responses submitted by the Government 
of the PRC (the GOC) and JA Solar from March 7 to 18, 2016. The 
verification reports were released on May 6, 2016.\3\ We received case 
briefs from interested parties on May 18, 2016.\4\ On May 31, 2016,

[[Page 46905]]

interested parties submitted their rebuttal briefs.\5\ No hearing was 
held in this case as the only hearing requests were withdrawn.\6\
---------------------------------------------------------------------------

    \3\ See Department Memoranda, ``Countervailing Duty 
Administrative Review of Certain Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled Into Modules, from the People's 
Republic of China: Verification of the Questionnaire Responses 
Submitted by the Government of China,'' and ``Verification of the 
Questionnaire Responses Submitted by JA Solar Technology Yangzhou 
Co., Ltd. and its cross-owned companies: Countervailing Duty Second 
Administrative Review of Certain Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled Into Modules from the People's 
Republic of China,'' both dated May 6, 2016.
    \4\ See Letter to the Secretary from the GOC, ``GOC 
Administrative Case Brief: Second Administrative Review of the 
Countervailing Duty Order on Crystalline Silicon Photovoltaic Cells, 
Whether or not Assembled into Modules from the People's Republic of 
China (C-570-980),'' and Letter to the Secretary from JA Solar, 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules from the People's Republic of China: Case Brief,'' both 
dated May 18, 2016; see also Letter to the Secretary from SolarWorld 
Americas, Inc. (Petitioner), ``Certain Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules, from the 
People's Republic of China: Resubmission of SolarWorld Americas, 
Inc.'s Case Brief,'' May 24, 2016.
    \5\ See Letter to the Secretary from Petitioner, ``Certain 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules, from the People's Republic of China: Rebuttal Brief of 
SolarWorld Americas, Inc.,'' (May 31, 2016); see also Letter from 
the GOC, ``GOC Rebuttal Brief: Second Administrative Review of the 
Countervailing Duty Order on Crystalline Silicon Photovoltaic Cells, 
Whether or not Assembled into Modules from the People's Republic of 
China (C-570-980),'' (May 31, 2016); Letter from JA Solar, 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, from the People's Republic of China: Rebuttal Brief,'' 
(May 31, 2016).
    \6\ See Letter to the Secretary from JA Solar, ``Crystalline 
Silicon Photovoltaic Cells, Whether Or Not Assembled into Modules, 
From the People's Republic of China: Withdrawal of Hearing 
Request,'' (June 2, 2016); see also Letter to the Secretary from 
Petitioner, ``Certain Crystalline Silicon Photovoltaic Cells, 
Whether Or Not Assembled into Modules, from the People's Republic of 
China: Withdrawal of Request for Hearing,'' (June 7, 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. The 
product is currently classified under the Harmonized Tariff Schedule of 
the United States (HTSUS) item numbers 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 full 
description of the scope of the order is contained in the Issues and 
Decision Memorandum, which is hereby adopted by this notice.\7\
---------------------------------------------------------------------------

    \7\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Issues and Decision Memorandum for the Final Results 
of the Countervailing Duty Administrative Review of Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, 
from the People's Republic of China; 2013,'' dated concurrently with 
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues in the case briefs are addressed in the Issues and 
Decision Memorandum. A list of the issues raised is attached to this 
notice as Appendix I. 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://www.trade.gov/enforcement/. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we determine that there 
is a subsidy, i.e., a financial contribution from an ``authority'' that 
confers a benefit to the recipient, and that the subsidy is 
specific.\8\ For a full description of the methodology underlying our 
conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \8\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5)(A) of the Act regarding specificity.
---------------------------------------------------------------------------

    In making these findings, we relied, in part, on facts available 
and, because the GOC did not act to the best of its ability in 
responding to the Department's requests for information, we drew an 
adverse inference in selecting from among the facts otherwise 
available.\9\ For further information, see the section, ``Use of Facts 
Otherwise Available and Adverse Inferences,'' in the Issues and 
Decision Memorandum.
---------------------------------------------------------------------------

    \9\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Final Results of the Review

    In accordance with 19 CFR 351.221(b)(5), we determine a net 
countervailable subsidy rate of 19.20 percent ad valorem for JA Solar. 
Because the only individually calculated rate in the instant review is 
not zero, de minimis, or based entirely on facts otherwise available, 
the Department has assigned this rate, calculated for JA Solar, to 
Trina and Suntech, companies that are subject to this review but were 
not selected for individual examination in this review.

------------------------------------------------------------------------
                                                                Subsidy
                           Company                                rate
                                                               (percent)
------------------------------------------------------------------------
JA Solar Technology Yangzhou Co., Ltd. and its cross-owned         19.20
 affiliates \10\.............................................
Changzhou Trina Solar Energy Co., Ltd........................      19.20
Wuxi Suntech Power Co., Ltd..................................      19.20
------------------------------------------------------------------------

Disclosure
---------------------------------------------------------------------------

    \10\ Cross-owned affiliates are: Donghai JA Solar Technology 
Co., Ltd.; Hebei Ningjin Songgong Semiconductor Co., Ltd.; Hebei 
Ningtong Electronic Materials Co., Ltd.; Hebei Yujing Electronic 
Science and Technology Co., Ltd.; Hefei JA Solar Technology Co., 
Ltd.; JA (Hefei) Renewable Energy Co., Ltd.; JA Solar Technology 
Yangzhou Co., Ltd.; Jing Hai Yang Semiconductor Material (Donghai) 
Co., Ltd.; JingAo Solar Co., Ltd.; JingLong Industry and Commerce 
Group Co., Ltd.; Jingwei Electronic Material Co., Ltd.; Ningjin 
Changlong Electronic Materials Manufacturing Co.; Ningjin County 
Jingyuan New Energy Investment Co., Ltd.; Ningjin Guiguang 
Electronic Investment Co., Ltd.; Ningjin Jingfeng Electronic 
Materials Co., Ltd.; Ningjin Saimei Ganglong Electronic Materials 
Co., Ltd.; Ningjin Songgong Electronic Materials Co., Ltd.; Ningjing 
Sunshine New Energy Co., Ltd.; Ninjing Jingxing Electronic Materials 
Co., Ltd.; Shanghai JA Solar Technology Co., Ltd.; Solar Silicon 
Valley Electronic Science and Technology Co., Ltd.; Xingtai Jinglong 
Electronic Materials Co., Ltd.; and, Yangguang Guifeng Electronic 
Technology Co., Ltd.
---------------------------------------------------------------------------

    In accordance with 19 CFR 351.224(b), we will disclose the 
calculations performed within five days of the publication of this 
notice in the Federal Register.

Assessment Rates

    In accordance with 19 CFR 351.212(b)(2), the Department intends to 
issue appropriate assessment instructions directly to U.S. Customs and 
Border Protection (CBP) 15 days after the date of publication of these 
final results, to liquidate shipments of subject merchandise by JA 
Solar, Trina and Suntech entered, or withdrawn from warehouse, for 
consumption on or after January 1, 2013, through December 31, 2013, at 
the percent rates, as listed above for each of the respective 
companies, of the entered value.

Cash Deposit Instructions

    The Department also intends to instruct CBP to collect cash 
deposits of estimated CVDs in the amount shown above for shipments of 
subject merchandise by JA Solar, Trina and Suntech entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this review.
    For non-reviewed firms, we will instruct CBP to collect cash 
deposits of estimated CVDs at the most recent company-specific or all-
others rate applicable to the company. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.

[[Page 46906]]

Administrative Protective Order

    This notice serves as a 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 destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 12, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Period of Review
III. Scope of the Order
IV. Subsidies Valuation Information
V. Benchmarks and Discount Rates
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Final Results of Review
IX. Analysis of Comments
    Comment 1: Usage of Export Buyer's Credit Program
    Comment 2: Selection of AFA Rate for Export Buyer's Credit 
Program
    Comment 3: Specificity of Aluminum Extrusion for LTAR Program
    Comment 4: Polysilicon Market Distortions
    Comment 5: Polysilicon Benchmark
    Comment 6: Solar Glass Benchmark
    Comment 7: Ocean Freight Benchmark
    Comment 8: Inclusion of VAT in LTAR Benchmarks
    Comment 9: Electricity Benchmarks
    Comment 10: Electricity Benefit Calculation
    Comment 11: Application of Uncreditworthy Discount Rates to 
Variable Loans
    Comment 12: Application of Uncreditworthy Discount Rates to 
Imported Equipment Purchases
    Comment 13: Minor Corrections
X. Recommendation

[FR Doc. 2016-17064 Filed 7-18-16; 8:45 am]
 BILLING CODE 3510-DS-P