[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12558-12561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04265]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-979, A-570-010]


Initiation and Preliminary Results of Changed Circumstances 
Reviews: Antidumping Duty Orders on Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled Into Modules, From the People's 
Republic of China and Antidumping Duty Order on Certain Crystalline 
Silicon Photovoltaic Products From the People's Republic of China

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

SUMMARY: The Department of Commerce (the ``Department'') is 
simultaneously initiating and issuing the preliminary results of 
changed circumstances reviews (``CCRs'') of the antidumping duty 
(``AD'') orders on crystalline silicon photovoltaic cells, whether or 
not assembled into modules, (``solar cells'') from the People's 
Republic of China (``PRC'') and certain crystalline silicon 
photovoltaic products (``solar products'') from the PRC. The Department 
initiated these CCRs to determine whether Hanwha Q CELLS (Qidong) Co. 
Ltd. (``Q CELLS Qidong'') is the successor-in-interest to Hanwha 
SolarOne (Qidong) Co., Ltd. (``SolarOne Qidong'') with respect to the 
AD orders on solar cells and solar products from the PRC and to 
determine whether Hanwha Q CELLS Hong Kong Limited (``Q CELLS Hong 
Kong'') is the successor-in-interest to SolarOne Hong Kong Limited 
(``SolarOne Hong Kong'') with respect to the AD order on solar products 
from the PRC. For the reasons noted below, we did not initiate the 
requested CCR to determine whether Q CELLS Hong Kong is the successor-
in-interest to SolarOne Hong Kong with respect to the AD order on solar 
cells from the PRC. Based on the information on the record, we 
preliminarily determine that Q CELLS Qidong is the successor-in-
interest to SolarOne Qidong for purposes of the AD orders on solar 
cells and solar products from the PRC and that Q CELLS Hong Kong is the 
successor-in-interest to SolarOne Hong Kong for purposes of the AD 
order on solar products from the PRC. As such, Q CELLS Hong Kong and Q 
CELLS Qidong are entitled to SolarOne Hong Kong and SolarOne Qidong's 
cash deposit rates, respectively, with respect to U.S. entries of 
merchandise subject to the orders noted above. Interested parties are 
invited to comment on these preliminary results.

[[Page 12559]]


DATES: Effective March 6, 2017.

FOR FURTHER INFORMATION CONTACT: Eli Lovely, AD/CVD Operations, Office 
IV, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, 
DC 20230; telephone: (202) 482-1593.

SUPPLEMENTARY INFORMATION: 

Background

    On December 7, 2012, the Department published the AD order on solar 
cells from the PRC in the Federal Register.\1\ On February 18, 2015, 
the Department published the AD order on solar products from the PRC in 
the Federal Register.\2\ On September 8, 2016, the Department received 
a request on behalf of Q CELLS Hong Kong and Q CELLS Qidong for 
expedited CCRs to establish Q CELLS Hong Kong as the successor-in-
interest to SolarOne Hong Kong and to establish Q CELLS Qidong as the 
successor-in-interest to SolarOne Qidong for purposes of the of the AD 
orders on solar cells and solar products from the PRC.\3\ On October 
11, 2016, SolarWorld Americas, Inc. (``Petitioner'') submitted comments 
on Q CELLS Hong Kong and Q CELLS Qidong's CCR request.\4\
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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)(``Solar Cells 
Order'').
    \2\ See Certain Crystalline Silicon Photovoltaic Products from 
the People's Republic of China: Antidumping Duty Order; and Amended 
Final Affirmative Countervailing Duty Determination and 
Countervailing Duty Order, 80 FR 8592 (February 18, 2015)(``Solar 
Products Order'').
    \3\ See Letter from Q CELLS Hong Kong and Q CELLS Qidong to the 
Department regarding, ``Changed Circumstances Review Request'' 
(September 8, 2016) (``CCR Request'').
    \4\ See Letter from SolarWorld Americas, Inc. to the Department 
regarding, ``Comments on Hanwha Q Cells Hong Kong Limited and Hanwha 
Q CELLS (Qidong) Co., Ltd.'s Request for a Changed Circumstances 
Review'' (October 12, 2016) (``Petitioner's Comments'').
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Scope of the Orders

    The merchandise covered by the Solar Cells 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.\5\ Imports of the merchandise subject to the Solar Cells 
Order are currently classified under the following subheadings of the 
Harmonized Tariff Schedule of the United States (``HTSUS''): 
8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000.
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    \5\ For a complete description of the Scope of the Order, see 
Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for 
Enforcement and Compliance, from James Maeder, Senior Director, 
Office I, for Antidumping and Countervailing Duty Operations, 
``Initiation and Preliminary Results of Changed Circumstances 
Reviews: Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China and 
Certain Crystalline Silicon Photovoltaic Products from the People's 
Republic of China,'' (``Preliminary Decision Memorandum'') dated 
concurrently with, and adopted by, this notice.
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    The merchandise covered by the Solar Products Order is modules, 
laminates and/or panels consisting of crystalline silicon photovoltaic 
cells, whether or not partially or fully assembled into other products, 
including building integrated materials. Subject merchandise includes 
modules, laminates and/or panels assembled in the PRC consisting of 
crystalline silicon photovoltaic cells produced in a customs territory 
other than the PRC.\6\ Imports of the merchandise subject to the Solar 
Products Order are currently classified under the following subheadings 
of the HTSUS: 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 
8507.20.8090, 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 these orders is dispositive. For 
the full scopes of these orders, see the accompanying Preliminary 
Decision Memorandum.
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    \6\ Id.
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Initiation of Changed Circumstances Reviews

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(``the Act'') and 19 CFR 351.216(d), the Department will conduct a 
changed circumstances review upon receipt of information concerning, or 
a request from an interested party for a review of, an order which 
shows changed circumstances sufficient to warrant a review of the 
order. In the past, the Department has used changed circumstances 
reviews to consider the applicability of cash deposit rates after there 
have been changes in the name or structure of a respondent, such as a 
merger or spinoff (``successor-in-interest,'' or ``successorship,'' 
determinations).\7\
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    \7\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China: Final 
Results of Changed Circumstances Review, 81 FR 91909 (December 19, 
2016).
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    While Q CELLS Hong Kong requested a CCR with respect to the solar 
cells proceeding in order to receive SolarOne Hong Kong's AD cash 
deposit rate, SolarOne Hong Kong did not receive its own cash deposit 
rate in the solar cells proceeding but was treated as part of the PRC-
wide entity. Therefore, entries of its subject merchandise into the 
United States receive the PRC-wide entity cash deposit rate.\8\ 
Accordingly, for purposes of the Solar Cells Order, there is no 
separate rate for which Q CELLS Hong Kong could be eligible, thus, we 
have not initiated the requested review of Q CELLS Hong Kong with 
respect to the Solar Cells Order.
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    \8\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China: 
Preliminary Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination and Affirmative Preliminary 
Determination of Critical Circumstances, 77 FR 31309 (May 25, 2012), 
unchanged in Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value, and Affirmative 
Final Determination of Critical Circumstances, in Part, 77 FR 63791 
(October 17, 2012). In subsequent reviews, SolarOne Hong Kong did 
not receive a separate rate. 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), and 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 (June 
20, 2016).
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    However, consistent with Department practice, the information 
submitted by Q CELLS Hong Kong with respect to the solar products 
proceeding and the information submitted by Q CELLS Qidong with respect 
to the solar cells and solar products proceedings, which includes 
information regarding a name change, demonstrates changed circumstances 
sufficient to warrant CCRs with respect to these companies and 
orders.\9\ In the case of the Solar Products Order, the CCR requests 
were filed less than 24 months after the date of publication of the 
notice of final determination in the solar products investigation. 
However, pursuant to 19 CFR 351.216(c), the Department finds that good 
cause exists to initiate these CCRs. In particular, we find that Q 
CELLS Hong Kong and Q CELLS Qidong have properly alleged and 
demonstrated good cause for initiating early CCRs in the case of solar 
products, along with the initiation with respect to Q CELLS Qidong in 
the case of solar cells, on the grounds of fairness and ease of 
administration.
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    \9\ See 19 CFR 351.216(d).
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    Therefore, in accordance with section 751(b)(1) of the Act and 19 
CFR 351.216(d), the Department is initiating CCRs to determine whether 
Q CELLS Hong Kong is the successor-in-interest

[[Page 12560]]

to SolarOne Hong Kong for purposes of the AD order on solar products 
from the PRC, and to determine whether Q CELLS Qidong is the successor-
in-interest to SolarOne Qidong for purposes of the AD orders on solar 
cells and solar products from the PRC.

Preliminary Determination

    When it concludes that expedited action is warranted, the 
Department may combine the notice of initiation of the CCR and the 
preliminary results of the CCR in a single notice.\10\ The Department 
has combined the notice of initiation and the notice of preliminary 
results in successor-in-interest CCRs when sufficient documentation has 
been provided supporting the request for a CCR.\11\ In this instance, 
we have on the record the information necessary to make a preliminary 
finding with respect to Q CELLS Hong Kong and the Solar Products Order 
and Q CELLS Qidong and the Solar Cells and Solar Products Orders. Thus, 
we find that expedited action is warranted with respect to the CCR 
Requests regarding these companies and orders, and we are combining the 
notice of initiation and the notice of preliminary results in one 
notice, in accordance with 19 CFR 351.221(c)(3)(ii).
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    \10\ See 19 CFR 351.221(c)(3)(ii).
    \11\ See, e.g., Notice of Initiation and Preliminary Results of 
Antidumping Duty Changed Circumstances Review: Certain Softwood 
Lumber Products from Canada, 70 FR 50299 (August 26, 2005), 
unchanged in final.
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    In determining whether one company is the successor to another for 
purposes of AD cash deposits, the Department examines a number of 
factors including, but not limited to, changes in: (1) Management; (2) 
production facilities; (3) suppliers; and (4) customer base.\12\ While 
no one, or several, of these factors will necessarily provide a 
dispositive indication of succession, the Department will generally 
consider one company to be the successor to another company if its 
resulting operation is essentially the same as that of its 
predecessor.\13\ Thus, if the evidence demonstrates that, with respect 
to the production and sale of subject merchandise, the new company 
operates as essentially the same business entity as the prior company, 
the Department will assign the new company the cash deposit rate of its 
predecessor.\14\
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    \12\ See e.g., Initiation and Preliminary Results of Antidumping 
Duty Changed Circumstances Review: Multilayered Wood Flooring from 
the People's Republic of China, 79 FR 48117, 48118 (August 15, 
2014), unchanged in Multilayered Wood Flooring from the People's 
Republic of China: Final Results of Changed Circumstances Review, 79 
FR 58740 (September 30, 2014).
    \13\ Id.
    \14\ See Notice of Final Results of Changed Circumstances 
Review: Polychloroprene Rubber from Japan, 69 FR 67890 (November 22, 
2004) citing, Brass Sheet and Strip from Canada: Notice of Final 
Results of Antidumping Duty Administrative Review, 57 FR 20460 (May 
13, 1992); and, Certain Circular Welded Carbon Steel Pipes and Tubes 
from Taiwan: Initiation of Antidumping Duty Changed Circumstance 
Review, 70 FR 17063 (April 4, 2005).
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    In their September 8, 2016, CCR Requests, Q CELLS Hong Kong and Q 
CELLS Qidong provided evidence for the Department to determine 
preliminarily their status as successors-in-interest to SolarOne Hong 
Kong for purposes of the AD order on solar products from the PRC and 
SolarOne Qidong for purposes of the AD orders on solar products and 
solar cells from the PRC, respectively. Specifically, Q CELLS Hong Kong 
and Q CELLS Qidong demonstrated that their operations are essentially 
the same as when they operated under the names SolarOne Hong Kong and 
SolarOne Qidong, respectively.\15\
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    \15\ See generally, CCR Request.
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    In February 2015, Hanwha SolarOne Co., Ltd. acquired 100 percent of 
the outstanding shares of another company named Q CELLS. Hanwha 
SolarOne Co., Ltd. is the parent entity of SolarOne Hong Kong and 
SolarOne Qidong. In connection with the transaction, the name of Hanwha 
SolarOne Co., Ltd. was changed to Hanwha Q CELLS Co., Ltd., SolarOne 
Hong Kong assumed the name Q CELLS Hong Kong, and SolarOne Qidong 
assumed the name Q CELLS Qidong. Other than the name changes, there 
were no significant changes to ownership, management, or operations of 
the companies.\16\ Q CELLS Hong Kong does not have production 
facilities; rather it purchased solar modules from Q CELLS Qidong. This 
was also the case when Q CELLS Hong Kong operated under the name 
SolarOne Hong Kong and purchased solar modules from SolarOne Qidong. Q 
CELLS Qidong has maintained the same production facilities that were 
previously under the name of its predecessor company, SolarOne 
Qidong.\17\ Q CELLS Hong Kong and Q CELLS Qidong also provided 
documentation showing that there have been no material changes in 
supplier relationships, or their customer bases as a result of the name 
changes.\18\ Based on the foregoing, which is explained in greater 
detail in the Preliminary Decision Memorandum, the Department 
preliminarily determines that Q CELLS Hong Kong is the successor-in-
interest to SolarOne Hong Kong for purposes of the AD order on solar 
products from the PRC, and that Q CELLS Qidong is the successor-in-
interest to SolarOne Qidong for purposes of the AD orders on solar 
cells and solar products from the PRC.
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    \16\ Id.
    \17\ Id.
    \18\ Id.
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    Should our final results of review remain the same as these 
preliminary results of review, effective the date of publication of the 
final results of review, we will instruct U.S. Customs and Border 
Protection to suspend liquidation of entries of solar products exported 
by Q CELLS Hong Kong at the AD cash-deposit rate applicable to SolarOne 
Hong Kong, and to suspend liquidation of entries of solar products and 
solar cells exported by Q CELLS Qidong at the AD cash-deposit rates 
applicable to SolarOne Qidong.\19\
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    \19\ SolarOne Hong Kong and SolarOne Qidong's separate rates in 
both orders are combination rates. In the solar products antidumping 
duty proceeding, SolarOne Hong Kong's separate rate is classified 
under case number A-570-010-017, where SolarOne Hong Kong is 
identified as the exporter and SolarOne Qidong is identified as the 
manufacturer. In the same proceeding, SolarOne Qidong has a separate 
rate classified under case number A-570-010-016, where SolarOne 
Qidong is identified as the exporter and manufacturer. In the solar 
cells proceeding, SolarOne Hong Kong does not have a separate rate 
and SolarOne Qidong has a separate rate, classified under case 
number A-570-979-014, where SolarOne Qidong is identified as the 
exporter and manufacturer. If the Department maintains its 
preliminary findings in the final results of these CCRs, in updating 
these combination rates, we intend to revise both the names of the 
exporters and manufacturer consistent with our preliminary finding 
that Q CELLS Hong Kong and Q CELLS Qidong are the successors-in-
interest to SolarOne Hong Kong and SolarOne Qidong, respectively.
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Public Comment

    Interested parties may submit case briefs not later than 14 days 
after the date of publication of this notice.\20\ Rebuttal briefs, 
which must be limited to issues raised in case briefs, may be filed not 
later than seven days after the due date for case briefs.\21\ Parties 
who submit case briefs or rebuttal briefs in these CCRs are requested 
to submit with each argument: (1) A statement of the issues filed in 
the solar products and solar cells proceedings and (2) a brief summary 
of the arguments filed in the solar products and solar cells 
proceedings with electronic versions included.
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    \20\ The Department is exercising its discretion under 19 CFR 
351.309(c)(1)(ii) to alter the time limit for the filing of case 
briefs.
    \21\ The Department is exercising its discretion under 19 CFR 
351.309(d)(1) to alter the time limit for the filing of rebuttal 
briefs.
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    Any interested party may request a hearing within 14 days of 
publication of

[[Page 12561]]

this notice.\22\ Hearing requests should contain the following 
information: (1) The party's name, address, and telephone number; (2) 
the number of participants; and (3) a list of the issues to be 
discussed. Oral presentations at the hearing will be limited to issues 
raised in the briefs. If a request for a hearing is made, parties will 
be notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230 in a room to be determined.\23\
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    \22\ The Department is exercising its discretion under 19 CFR 
351.310(c) to alter the time limit for requesting a hearing.
    \23\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System 
(``ACCESS'').\24\ An electronically filed document must be received 
successfully in its entirety by 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.\25\
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    \24\ ACCESS is available to registered users at https://access.trade.gov and available to all parties in the Central Records 
Unit, room B8024 of the main Department of Commerce building.
    \25\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
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    Consistent with 19 CFR 351.216(e), we intend to issue the final 
results of these CCRs no later than 270 days after the date on which 
these reviews were initiated or within 45 days if all parties agree to 
the outcome of the reviews.
    We are issuing and publishing this initiation and preliminary 
results notice in accordance with sections 751(b)(1) and 777(i)(1) of 
the Act and 19 CFR 351.216 and 351.221(c)(3).

    Dated: February 24, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-04265 Filed 3-3-17; 8:45 am]
 BILLING CODE 3510-DS-P