[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12562-12564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04267]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-011]


Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China: Preliminary Results of Countervailing Duty 
Administrative Review and Preliminary Intent To Rescind, in Part; 2014-
2015

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of crystalline silicon photovoltaic products 
(solar products), from the People's Republic of China (PRC). The period 
of review (POR) is June 10, 2014, through December 31, 2015. Interested 
parties are invited to comment on these preliminary results.

DATES: Effective March 6, 2017.

FOR FURTHER INFORMATION CONTACT: Joseph Traw, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, 
DC 20230; telephone: (202) 482-6079.

SUPPLEMENTARY INFORMATION: 

Background

    On February 18, 2015, the Department issued a countervailing duty 
(CVD) order on solar products from the PRC.\1\ Several interested 
parties requested that the Department conduct an administrative review 
of the countervailing duty order, and on April 7, 2016, the Department 
published in the Federal Register a notice of initiation of an 
administrative review of the CVD Order for 31 producers/exporters for 
the POR.\2\
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    \1\ 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) (CVD 
Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 20324 (April 7, 2016) (Initiation 
Notice).
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Scope of the Order

    The products covered by the order are certain crystalline silicon 
photovoltaic products from the PRC. A full description of the scope of 
the order is contained in the Preliminary Decision Memorandum.\3\
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    \3\ See ``Decision Memorandum for the Preliminary Results of the 
Countervailing Duty Administrative Review of Certain Crystalline 
Silicon Photovoltaic Products from the People's Republic of China; 
2014,'' dated concurrently with this notice (Preliminary Decision 
Memorandum) and hereby adopted by this notice.
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Methodology

    The Department is conducting this CVD 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 by an 
``authority'' that confers a benefit to the recipient, and that the 
subsidy is specific.\4\ For a full description of the methodology 
underlying our preliminary conclusions, including our reliance, in 
part, on adverse facts available pursuant to sections 776(a) and (b) of 
the Act, see the Preliminary Decision Memorandum.\5\ The Preliminary 
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 7046 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
Internet at http://enforcement.trade.gov/frn/index.html. The signed 
Preliminary Decision Memorandum and the electronic versions of the 
Preliminary Decision Memorandum are identical in content.
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    \4\ 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(5A) of the Act regarding specificity.
    \5\ A list of topics discussed in the Preliminary Decision 
Memorandum can be found as an appendix to this notice.
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Intent To Partially Rescind the Administrative Review, and Partial 
Rescission of Administrative Review

    For an administrative review to be conducted, there must be a 
reviewable, suspended entry to be liquidated at the newly calculated 
assessment rate.\6\ Thus, it is the Department's practice to rescind an 
administrative review when there are no reviewable entries of subject 
merchandise during the POR for which liquidation is suspended.\7\ We 
preliminarily find that BYD (Shangluo) Industrial Co., Ltd. had no 
reviewable entries subject to the CVD Order and, consistent with our 
practice, the Department intends to rescind its review of BYD, 
consistent with 19 CFR 351.213(d)(3). We invite parties to comment on 
this preliminary intent to rescind and will consider any comments 
received for the final results.
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    \6\ See section 751(a)(2)(A) of the Act (stating that an 
administrative review determines the normal value, export price or 
constructed export price, and dumping margin of an ``entry''); 19 
CFR 351.212(b)(1) (At the end of the administrative review, the 
suspended entries are liquidated at the assessment rate computed for 
the review period).
    \7\ See, e.g., Certain Tissue Paper Products from the People's 
Republic of China: Preliminary Results and Partial Rescission of 
Antidumping Duty Administrative Review, 73 FR 18497, 18499-18500 
(April 4, 2008) (unchanged in final); Solid Fertilizer Grade 
Ammonium Nitrate from the Russian Federation: Rescission of 
Antidumping Duty Administrative Review, 77 FR 65532 (October 29, 
2012), and accompanying IDM at Issue 2.
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    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. Yingli Energy

[[Page 12563]]

(China) Co., Ltd., Baoding Tianwei 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., Hengshui Yingli New Energy Resources Co., Ltd., 
Lixian Yingli New Energy Resources Co., Ltd., Tianjin Yingli New Energy 
Resources Co., Ltd., Shenzhen Yingli New Energy Resources Co., Ltd., 
and Yingli Green Energy International Trading Company Limited; Canadian 
Solar Inc., Canadian Solar International, Ltd., Canadian Solar 
Manufacturing (Changshu), Inc., Canadian Solar Manufacturing (Luoyang), 
Inc., and Canadian Solar (USA) Inc.; Jinko Solar Co., Ltd., JinkoSolar 
(U.S.) Inc., Jinko Solar Import and Export Co., Ltd., and Zhejiang 
Jinko Solar Co., Ltd.; Shanghai BYD Co., Ltd.; Shenzhen Jiawei 
Photovoltaic Lighting Co., Ltd.; and Wuxi Suntech Power Co., Ltd. 
timely withdrew their requests for review.\8\ No other party requested 
a review of these producers/exporters. Therefore, in accordance with 19 
CFR 351.213(d)(1), the Department is rescinding this review of the CVD 
order on solar products from the PRC with respect to these companies.
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    \8\ See Letter to the Secretary from Yingli, ``Certain 
Crystalline Silicon Photovoltaic Products from the People's Republic 
of China: Yingli's Withdrawal of Request for Administrative 
Review,'' (March 30, 2016); Letter to the Secretary from Canadian 
Solar, ``Certain Crystalline Silicon Photovoltaic Products from the 
People's Republic of China: Canadian Solar's Withdrawal of Request 
for Administrative Review,'' (April 22, 2016); Letter to the 
Secretary from Jinko, ``Certain Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: Jinko's Withdrawal of 
Request for Administrative Review,'' (April 27, 2016); Letter to the 
Secretary from Shanghai BYD, ``Certain Crystalline Silicon 
Photovoltaic Products, from the People's Republic of China: 
Withdrawal of Request for Review for Shanghai BYD Co., Ltd.,'' (May 
31, 2016); Letter to the Secretary from Dorfman Pacific Co., Ltd., 
``Certain Crystalline Silicon Photovoltaic Products from the 
People's Republic of China: Dorfman Pacific Co., Ltd.'s Withdrawal 
of Request for Administrative Review,'' (July 1, 2016); and Letter 
to the Secretary from Suntech, ``Certain Crystalline Silicon 
Photovoltaic Products from the People's Republic of China: 
Withdrawal of Request for Administrative Review--Wuxi Suntech Power 
Co., Ltd.,'' (July 5, 2016).
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Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Changzhou Trina Solar Energy Co., Ltd. and its cross-owned         13.93
 affiliates \9\.............................................
Non-Selected Companies under Review \10\....................       13.93
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Preliminary Rate for the Non-Selected Companies Under Review

    The statute and the Department's regulations do not directly 
address the establishment of rates to be applied to companies not 
selected for individual examination where the Department limits its 
examination in an administrative review pursuant to section 777A(e)(2) 
of the Act. However, the Department normally determines the rates for 
non-selected companies in reviews in a manner that is consistent with 
section 705(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in an investigation.
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    \9\ Cross-owned affiliates are: Trina Solar (Changzhou) Science 
& Technology Co., Ltd.; Yancheng Trina Solar Energy Technology Co., 
Ltd.; Changzhou Trina Solar Yabang Energy Co., Ltd.; Hubei Trina 
Solar Energy Co., Ltd.; Turpan Trina Solar Energy Co., Ltd.; and 
Changzhou Trina PV Ribbon Materials Co., Ltd. See Preliminary 
Decision Memorandum.
    \10\ See Appendix II to this notice.
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    Section 705(c)(5)(A)(i) of the Act instructs the Department as a 
general rule to calculate an all others rate using the weighted average 
of the subsidy rates established for the producers/exporters 
individually examined, excluding any zero, de minimis, or rates based 
entirely on facts available. In this review, the preliminary subsidy 
rate calculated for Changzhou Trina Solar Energy Co., Ltd. and its 
cross-owned affiliates (Trina Solar) is above de minimis and is not 
based entirely on facts available. Therefore, for the companies for 
which a review was requested that were not selected as mandatory 
company respondents, and for which we did not receive a timely request 
for withdrawal of review, and which we are not finding to be cross-
owned with the mandatory company respondents, we are preliminarily 
basing the subsidy rate on the subsidy rate calculated for Trina Solar. 
For a list of these non-selected companies, please see the Appendix II 
to this notice.

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with this preliminary 
determination within five days of publication of this notice in the 
Federal Register.\11\ Interested parties may submit case and rebuttal 
briefs, as well as request a hearing.\12\ Interested parties may submit 
written comments (case briefs) within 30 days of publication of the 
preliminary results and rebuttal comments (rebuttal briefs) within five 
days after the time limit for filing case briefs.\13\ Rebuttal briefs 
must be limited to issues raised in the case briefs.\14\ Parties who 
submit case or rebuttal briefs are requested to submit with the 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\15\
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    \11\ See 19 CFR 351.224(b).
    \12\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
    \13\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
    \14\ See 19 CFR 351.309(d)(2).
    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Interested parties who wish to request a hearing must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system.\16\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. If a request for a hearing is made, 
we will inform parties of the scheduled date for the hearing which will 
be held at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, at a time and location 
to be determined.\17\ Parties should confirm by telephone the date, 
time, and location of the hearing. Issues addressed at the hearing will 
be limited to those raised in the briefs.\18\ All briefs and hearing 
requests must be filed electronically and received successfully in 
their entirety through ACCESS by 5:00 p.m. Eastern Time on the due 
date.
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    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 351.310.
    \18\ See 19 CFR 351.310(c).
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, we intend to issue the final results of this administrative 
review, including the results of our analysis of the issues raised by 
the parties in their comments, within 120 days after issuance of these 
preliminary results.

Assessment Rates and Cash Deposit Requirement

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
assigned subsidy rates in the amounts shown above for the producer/
exporters shown above. Upon issuance of the final results, the 
Department shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, CVDs on all appropriate entries covered by this 
review. We intend to issue instructions to CBP 15 days after 
publication of the final results of review.
    Pursuant to section 751(a)(2)(C) of the Act, the Department also 
intends to instruct CBP to collect cash deposits of estimated CVDs, in 
the amounts shown

[[Page 12564]]

above for each of the respective companies shown above, on shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this review. For all non-reviewed firms, we will instruct CBP to 
continue to collect cash deposits at the most-recent company-specific 
or all-others rate applicable to the company, as appropriate. These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: February 28, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

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

I. Summary
II. Background
III. Intent To Partially Rescind Review
IV. Non-Selected Companies Under Review
V. Scope of the Order
VI. Application of the Countervailing Duty Law to Imports From the 
PRC
VII. Diversification of the PRC's Economy
VIII. Subsidy Valuation
IX. Interest Rate Benchmarks, Discount Rates, Input, Electricity, 
and Land Benchmarks
X. Use of Facts Otherwise Available and Adverse Inferences
XI. Analysis of Programs
XII. Verification
XIII. Disclosure and Public Comment
XIV. Conclusion

Appendix II--Non-Selected Companies Under Review

1. Chint Solar (Zhejiang) Co., Ltd.
2. Hefei JA Solar Technology Co., Ltd.
3. Perlight Solar Co., Ltd.
4. Risen Energy Co., Ltd.
5. Shanghai JA Solar Technology Co., Ltd.
6. Shenzhen Sungold Solar Co., Ltd.
7. Sunny Apex Development Limited

[FR Doc. 2017-04267 Filed 3-3-17; 8:45 am]
 BILLING CODE 3510-DS-P