[Federal Register Volume 81, Number 246 (Thursday, December 22, 2016)]
[Notices]
[Pages 93888-93891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30854]


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

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; 2014-2015

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, 2014 through November 30, 
2015. The administrative review covers two mandatory respondents: (1) 
Canadian Solar International Limited, which we have preliminarily 
treated as a single entity with five affiliated companies identified 
below, and (2) the collapsed entity Trina Solar, consisting of 
Changzhou Trina Solar Energy Co., Ltd. and Trina Solar (Changzhou) 
Science & Technology Co., Ltd., which we have preliminarily continued 
to treat as a single entity with five additional affiliated companies 
identified below. 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 December 22, 2016.

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

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

[[Page 93889]]

covered by this order is classifiable under subheadings 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.
---------------------------------------------------------------------------

    \1\ For a complete description of the scope of the order, see 
``Decision Memorandum for Preliminary Results of the 2014-2015 
Antidumping Duty Administrative Review of Crystalline Silicon 
Photovoltaic Cells, Whether or not Assembled into Modules, From the 
People's Republic of China'' from Edward Yang, Senior Director, 
Office VII, Antidumping and Countervailing Operations, to Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, issued concurrently with and hereby adopted by this 
notice (``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------

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 seven companies under 
review, BYD (Shangluo) Industrial Co., Ltd., Canadian Solar Inc., 
Dongguan Sunworth Solar Energy Co., Ltd., Hangzhou Sunny Energy Science 
and Technology Co., Ltd., Jiangsu High Hope Int'l Group, Wuxi Suntech 
Power Co., Ltd/Luoyang Suntech Power Co., Ltd., and Zhongli Talesun 
Solar 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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

Preliminary Affiliation and Single Entity Determination

    Based on record evidence, the Department preliminarily finds that 
Canadian Solar International Limited and the following five companies 
are affiliated pursuant to section 771(33)(F) of the Tariff Act of 
1930, as amended (``the Act''), and should be treated as a single 
entity pursuant to 19 CFR 351.401(f)(1)-(2): Canadian Solar 
Manufacturing (Changshu), Inc., Canadian Solar Manufacturing (Luoyang), 
Inc., CSI Cells Co., Ltd., CSI-GCL Solar Manufacturing (YanCheng) Co., 
Ltd., and CSI Solar Power (China) Inc. (collectively, together with 
Canadian Solar International Limited, ``Canadian Solar''). For 
additional information, see Preliminary Decision Memorandum at the 
section entitled ``Single Entity Treatment'' and the Canadian Solar 
Collapsing Memorandum.\3\
---------------------------------------------------------------------------

    \3\ See the December 16, 2016 memorandum from Jeff Pedersen, 
International Trade Analyst, AD/CVD Operations Office IV to Abdelali 
Elouaradia, Director, AD/CVD Operations Office IV regarding 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, from the People's Republic of China: Affiliation and 
Single Entity Memorandum for Canadian Solar International Limited 
(``Canadian Solar Single Entity Memorandum'').
---------------------------------------------------------------------------

    Furthermore, the Department preliminarily continues to find that 
Trina Solar, Yancheng Trina Solar Energy Technology Co., Ltd., 
Changzhou Trina Solar Yabang Energy Co., Ltd., Turpan Trina Solar 
Energy Co., Ltd., and Hubei Trina Solar Energy Co., Ltd. (collectively, 
``Trina'') are affiliated pursuant to section 771(33)(F) of the Act and 
should be treated as a single entity pursuant to 19 CFR 351.401(f)(1)-
(2). This preliminary finding is based on record evidence showing that 
the facts and analysis that the Department relied upon in the 2013-2014 
AD administrative review of solar cells from the PRC continue to be 
applicable during the instant POR. For additional information, see the 
Preliminary Decision Memorandum at the section entitled ``Single Entity 
Treatment.''

Use of Partial Facts Available (``FA'') and Partial Adverse Facts 
Available (``AFA'')

    Certain unaffiliated tollers of inputs used by Canadian Solar and 
Trina to product subject merchandise and unaffiliated suppliers of 
solar cells and/or solar modules to both respondents failed to provide 
FOP data. The Department preliminarily determines that it is 
appropriate to apply AFA, pursuant to section 776(b) of the Act, with 
respect to the unreported FOPs for purchased solar cells and solar 
modules. These unreported FOPs for solar cells and solar modules 
represent a material amount of necessary FOP information. However, in 
accordance with section 776(a)(1) of the Act, the Department is 
applying FA with respect to the unreported FOPs from the unaffiliated 
tollers. The record indicates that the tolled portions either represent 
relatively small percentages of the inputs consumed or the tollers only 
performed a relatively small portion of the total processing involved 
in producing the input. For details regarding these determinations, see 
the memoranda regarding unreported FOPs.

Separate Rates

    The Department preliminarily determines that the information placed 
on the record by Canadian Solar and Trina, as well as by the other 
companies listed in the rate table in the ``Preliminary Results of 
Review'' section below, demonstrates that these companies are entitled 
to separate rate status. The Department calculated weighted-average 
dumping margins for Canadian Solar and Trina and calculated an all-
others rate for the companies to which it granted separate rates 
status, but which it did not individually examine, as described in the 
Separate Rate Calculation Memorandum \4\ and the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \4\ See the memorandum from Jeff Pedersen International Trade 
Analyst, AD/CVD Operations, Office IV to Howard Smith Program 
Manager, AD/CVD Operations, Office IV entitled ``2014-2015 
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 Dumping 
Margin for Respondents Not Selected for Individual Examination,'' 
dated concurrently with this notice.
---------------------------------------------------------------------------

    On the other hand, the Department preliminarily determines that the 
following companies have not demonstrated their entitlement to separate 
rates status because either they did not file a separate rate 
application or certification with the Department:

    1. Jiangsu Sunlink PV Technology Co., Ltd.
    2. Ningbo Hisheen Electrical Co., Ltd.
    3. Shenzhen Glory Industries Co., Ltd.

    The Department treated the companies which it did not grant 
separate rates status as part of the PRC-wide entity. Because no party 
requested a review of the PRC-wide entity, the entity is not under 
review and the entity's rate (i.e., 238.95 percent) is not subject to 
change.\5\ For additional information regarding the Department's 
separate rates determinations, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \5\ 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; 2013- 2014, 81 FR 39905, 39908 (June 
20, 2016) (``AR2 Final Results'').
---------------------------------------------------------------------------

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Act. The Department preliminarily determined that 
both respondents' reported U.S. sales were constructed export price 
(``CEP'') sales and calculated CEPs in accordance with

[[Page 93890]]

section 772 of the Act. Given that the PRC is an 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)
------------------------------------------------------------------------
Canadian Solar International Limited/Canadian Solar                30.42
 Manufacturing (Changshu), Inc./Canadian Solar
 Manufacturing (Luoyang)Inc./CSI Cells Co., Ltd./CSI-GCL
 Solar Manufacturing (YanCheng) Co., Ltd./CSI Solar
 Power (China) Inc......................................
Changzhou Trina Solar Energy Co., Ltd./Trina Solar                  7.72
 (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............
Chint Solar (Zhejiang) Co., Ltd.........................           13.97
ERA Solar Co., Ltd......................................           13.97
ET Solar Energy Limited.................................           13.97
Hengdian Group DMEGC Magnetics Co., Ltd.................           13.97
JA Solar Technology Yangzhou Co., Ltd...................           13.97
Jiawei Solarchina (Shenzhen) Co., Ltd...................           13.97
Jiawei Solarchina Co., Ltd..............................           13.97
JingAo Solar Co., Ltd...................................           13.97
Lightway Green New Energy Co., Ltd......................           13.97
Ningbo ETDZ Holdings, Ltd...............................           13.97
Risen Energy Co., Ltd...................................           13.97
Shanghai BYD Co., Ltd...................................           13.97
Shanghai JA Solar Technology Co., Ltd...................           13.97
Shenzhen Sungold Solar Co., Ltd.........................           13.97
Shenzhen Topray Solar Co., Ltd..........................           13.97
Star Power International Limited........................           13.97
Systemes Versilis, Inc..................................           13.97
Taizhou BD Trade Co., Ltd...............................           13.97
tenKsolar (Shanghai) Co., Ltd...........................           13.97
Toenergy Technology Hangzhou Co., Ltd...................           13.97
Wuxi Tianran Photovoltaic Co., Ltd......................           13.97
Yingli Energy (China) Company Limited/Baoding Tianwei              13.97
 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
Zhejiang Era Solar Technology Co., Ltd..................           13.97
Zhejiang Sunflower Light Energy Science & Technology               13.97
 Limited Liability Company..............................
------------------------------------------------------------------------

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.\6\ 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.\7\ 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.\8\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309(c)(ii).
    \7\ See 19 CFR 351.309(d).
    \8\ See 19 CFR 351.309(c)(2), (d)(2).
---------------------------------------------------------------------------

    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.\9\ Requests should contain the party's 
name, address, and telephone number, the number of participants in, and 
a list of the issues to be discussed at, the hearing. Oral arguments at 
the hearing 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.\10\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date of the 
hearing.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.310(c).
    \10\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    All submissions, with limited exceptions, must be filed 
electronically using ACCESS.\11\ An electronically filed document must 
be received successfully in its entirety by the Department's electronic 
records system, ACCESS, by

[[Page 93891]]

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.\12\
---------------------------------------------------------------------------

    \11\ See generally 19 CFR 351.303.
    \12\ 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).
---------------------------------------------------------------------------

    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 of review, 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.\13\ 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 
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).\14\ 
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.\15\ Where the importer did not report entered 
values, the Department intends to calculate an importer-specific 
assessment rate 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, where appropriate.\16\ Where an importer-specific ad valorem 
assessment rate 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.\17\
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.212(b)(1).
    \14\ 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'').
    \15\ See 19 CFR 351.212(b)(1).
    \16\ Id.
    \17\ See Final Modification, 77 FR at 8103.
---------------------------------------------------------------------------

    Pursuant to Departmental 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.\18\ 
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 CBP case number will be 
liquidated at the rate for the PRC-wide entity.
---------------------------------------------------------------------------

    \18\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
---------------------------------------------------------------------------

    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 POR entries 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 NV 
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 \19\) 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.
---------------------------------------------------------------------------

    \19\ See AR2 Final Results, 81 FR 39908.
---------------------------------------------------------------------------

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 an increase in 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 16, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

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

1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No Shipments
5. Selection of Respondents
6. Single Entity Treatment
7. 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
8. Conclusion
[FR Doc. 2016-30854 Filed 12-21-16; 8:45 am]
 BILLING CODE 3510-DS-P