[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)]
[Notices]
[Pages 12802-12805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04413]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-853]


Certain Crystalline Silicon Photovoltaic Products From Taiwan: 
Preliminary Results of Antidumping Duty Administrative Review and 
Partial Rescisssion of Antidumping Duty Administrative Review; 2014-
2016

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 certain 
crystalline silicon photovoltaic products (solar products) from Taiwan. 
The period of review (``POR'') is July 31, 2014, through January 31, 
2016. This administrative review covers 14 exporters of the subject 
merchandise, including two mandatory respondents, Motech Industries, 
Inc. (``Motech'') and Sino-American Silicon Products Inc. (``SAS''). 
The Department preliminarily determines SAS and Motech made sales of 
subject merchandise at less than normal value during the POR. 
Additionally, we are rescinding this administrative review with respect 
to 18 companies that timely withdrew their request for administrative 
review. Interested parties are invited to comment on these preliminary 
results.

DATES: Effective March 7, 2017.

FOR FURTHER INFORMATION CONTACT: Magd Zalok or Thomas Martin, 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) 482-4162 or (202) 482-3936, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On February 3, 2016, the Department notified interested parties of 
the opportunity to request an administrative review of orders, 
findings, or suspended investigations with anniversaries in February 
2016, including the antidumping duty (``AD'') order on solar products 
from Taiwan.\1\ On February 29, 2016, SolarWorld Americas Inc. 
(``Petitioner''), as well as various exporters and exporters requested 
that the Department conduct an administrative review of certain 
exporters covering the POR. On April 7, 2016, the Department published 
a notice initiating an AD administrative review of solar products from 
the Taiwan covering 32 companies/company groupings for the POR.\2\
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 81 FR 5712 (February 3, 2016).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 20324 (April 7, 2016) (Initiation 
Notice).
---------------------------------------------------------------------------

    In the Initiation Notice, the Department stated that if it limited 
the number of respondents for individual examination, then it intended 
to select respondents based on volume data contained in responses to 
its quantity and value (``Q&V'') questionnaire.\3\ On April 12, 2016, 
the Department issued Q&V questionnaires to all 32 companies.\4\ We 
received Q&V questionnaire responses from 14 companies \5\ named in the 
Initiation Notice. The remaining 18 companies \6\ withdrew their 
requests for administrative review, pursuant to 19 CFR 351.213(d)(1). 
Because these 18 companies timely withdrew their requests for 
administrative review pursuant to 19 CFR 351.213(d)(1), and no other 
party requested a review of these companies, we are rescinding the 
administrative review with respect to these companies.
---------------------------------------------------------------------------

    \3\ Id. at 20324.
    \4\ The Department explained in the Initiation Notice that the 
units used to measure the imported quantities of solar cells and 
solar modules in the CBP data are reported in ``piece'' units and it 
would not be meaningful to sum the number of imported solar cells 
and the number of imported solar modules in attempting to determine 
the largest Taiwan exporters of subject merchandise by volume. Id. 
Therefore, the Department stated that it would issue Q&V 
questionnaires to determine the volume of subject merchandise 
shipped to the United States by Taiwanese exporters/producers. Id.
    \5\ AU Optronics Corporation, EEPV CORP., E-TON Solar Tech. Co., 
Ltd., Gintech Energy Corporation, Inventec Energy Corporation, 
Inventec Solar Energy Corporation, Kyocera Mexicana S.A. de C.V., 
Motech Industries, Inc., Sino-American Silicon Products Inc., 
Solartech Energy Corporation, Sunengine Corporation Ltd., Sunrise 
Global Solar Energy, TSEC Corporation, and Win Win Precision 
Technology Co., Ltd.
    \6\ Baoding Jiasheng Photovoltaic Technology Co. Ltd., Baoding 
Tianwei Yingli New Energy Resources Co., Ltd., Beijing Tianneng 
Yingli New Energy Resources Co. Ltd., Boviet Solar Technology Co., 
Ltd., Canadian Solar Inc., Canadian Solar International, Ltd., 
Canadian Solar Manufacturing (Changshu), Inc., Canadian Solar 
Manufacturing (Luoyang), Inc., Canadian Solar Solution Inc., Hainan 
Yingli New Energy Resources Co., Ltd., Hengshui Yingli New Energy 
Resources Co., Ltd., Lixian Yingli New Energy Resources Co., Ltd., 
Shenzhen Yingli New Energy Resources Co., Ltd., Tianjin Yingli New 
Energy Resources Co., Ltd., Vina Solar Technology Co., Ltd., Yingli 
Energy (China) Co., Ltd., Yingli Green Energy Holding Company 
Limited, and Yingli Green Energy International Trading Company 
Limited.
---------------------------------------------------------------------------

    On May 18, 2016, the Department selected Motech and SAS as 
mandatory respondents.\7\
---------------------------------------------------------------------------

    \7\ See memorandum from Thomas Martin, Senior International 
Trade Compliance Analyst, Office IV, AD/CVD Operations, Enforcement 
and Compliance to Abdelali Elouaradia, Director, Office IV, AD/CVD 
Operations, Enforcement and Compliance regarding ``2014-2016 
Antidumping Duty Administrative Review of Certain Crystalline 
Silicon Photovoltaic Products from Taiwan: Respondent Selection,'' 
dated May 18, 2016 at 4-5.
---------------------------------------------------------------------------

    From May 20, 2016, through February 23, 2017, the Department issued 
questionnaires to, and received timely responses from from the two 
mandatory respondents.\8\ Petitioner commented on these responses 
between July 8, 2016, and December 5, 2016.
---------------------------------------------------------------------------

    \8\ See Letters from Motech to the Department dated June 21, 
July 11, July 15, August 12, September 19, September 23, October 24, 
November 15, 2016; January 18, 2017, February 14, 2017 and February 
23, 2017; Letters from SAS and Solartech to the Department dated 
June 20, July 12, July 18, October 25, and November 8, 2016; January 
9, January 12, January 24, and February 10, 2017.
---------------------------------------------------------------------------

    On October 12, 2016, the Department extended the deadline for 
issuing the

[[Page 12803]]

preliminary results of this administrative review to February 28, 
2017.\9\
---------------------------------------------------------------------------

    \9\ See Memorandum from Magd Zalok, International Trade 
Compliance Analyst, Office IV, Antidumping and Countervailing Duty 
Operations through Abdelali Elouaradia, Director, Office IV, 
Antidumping and Countervailing Duty Operations, to Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, regarding ``Crystalline Silicon Photovoltaic Products 
from Taiwan: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated October 12, 2016.
---------------------------------------------------------------------------

    On December 12, 2016, we determined that SAS and Solartech Energy 
Corp. (``Solartech''), an affiliated entity involved in the production, 
sales and distribution of the products covered by this administrative 
review, are affiliated, pursuant to section 771(33)(E) of the Act.\10\ 
In addition, based on the evidence provided in SAS' and Solartech's 
questionnaire responses and 19 CFR 351.401(f), we preliminarily 
determined that SAS and Solartech (hereinafter ``SAS-Solartech'') 
should be collapsed and treated as a single entity in this 
administrative review.\11\ This finding was based in part on the 
determination that Solartech has production facilities for similar or 
identical products that would not require substantial retooling in 
order to restructure manufacturing priorities, pursuant to 19 CFR 
351.401(f)(1). Additionally, our finding was based on the determination 
that the level of common ownership, management overlap, and intertwined 
operations between SAS and Solartech may result in a significant 
potential for manipulation of price or production of subject 
merchandise, pursuant to 19 CFR 351.401(f)(2).\12\
---------------------------------------------------------------------------

    \10\ See, Memorandum To Abdelali Elouaradia, Director, Office 
IV, Enforcement and Compliance, From Magd Zalok, International Trade 
Analyst, Office IV, Through Robert Bolling, Program Manager, Office 
IV--Antidumping Duty Administrative Review of Certain Crystalline 
Silicon Photovoltaic Products from Taiwan: Sin-American Silicon 
Products Inc. Preliminary Affiliation and Collapsing Memorandum, 
dated December 12, 2016 (the ``Collapsing Entity Memorandum'').
    \11\ Id.
    \12\ Id.
---------------------------------------------------------------------------

    SAS-Solartech and Petitioner submitted comments in response to the 
Department's January 18, 2017, request for comments for consideration 
in these preliminary results of review on February 9, 2017, and 
February 10, 2017, respectively.\13\
---------------------------------------------------------------------------

    \13\ See Letter from SAS-Solartech to Acting Secretary of 
Commerce, ``Re: Certain Crystalline Silicon Phtovoltaic Products 
from Taiwan: Resubmission of Comments Regarding the Department's 
Upcoming Preliminary Results,'' dated February 9, 2017; Letter from 
Petitioner to Acting Secretary of Commerce, ``Re: Certain 
Crystalline Silicon Phtovoltaic Products from Taiwan: Resubmission 
of Petitioner's Pre-Preliminary Comments,'' dated February 10, 2017.
---------------------------------------------------------------------------

Partial Rescission of Administrative Review

    On February 29, 2016, the Department received multiple timely 
requests for an administrative review of the AD order on solar products 
from Taiwan. In response to timely-filed withdrawal requests, we are 
rescinding this administrative review with respect to 18 companies \14\ 
pursuant to 19 CFR 351.213(d)(1).\15\ Accordingly, the companies 
subject to the instant review are: AU Optronics Corporation, EEPV 
CORP., E-TON Solar Tech. Co., Ltd., Gintech Energy Corporation, 
Inventec Energy Corporation, Inventec Solar Energy Corporation, Kyocera 
Mexicana S.A. de C.V., Motech, SAS, Solartech, Sunengine Corporation 
Ltd., Sunrise Global Solar Energy, TSEC Corporation, and Win Win 
Precision Technology Co., Ltd., of which the Department has selected 
Motech and SAS-Solartech as the mandatory respondents.
---------------------------------------------------------------------------

    \14\ Baoding Jiasheng Photovoltaic Technology Co. Ltd., Baoding 
Tianwei Yingli New Energy Resources Co., Ltd., Beijing Tianneng 
Yingli New Energy Resources Co. Ltd., Boviet Solar Technology Co., 
Ltd., Canadian Solar Inc., Canadian Solar International, Ltd., 
Canadian Solar Manufacturing (Changshu), Inc., Canadian Solar 
Manufacturing (Luoyang), Inc., Canadian Solar Solution Inc., Hainan 
Yingli New Energy Resources Co., Ltd., Hengshui Yingli New Energy 
Resources Co., Ltd., Lixian Yingli New Energy Resources Co., Ltd., 
Shenzhen Yingli New Energy Resources Co., Ltd., Tianjin Yingli New 
Energy Resources Co., Ltd., Vina Solar Technology Co., Ltd., Yingli 
Energy (China) Co., Ltd., Yingli Green Energy Holding Company 
Limited, and Yingli Green Energy International Trading Company 
Limited.
    \15\ See footnote 6 above.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this order is crystalline silicon 
photovoltaic cells, and 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.\16\ Merchandise covered by this order is currently 
classified in the Harmonized Tariff Schedule of the United States 
(``HTSUS'') under subheadings 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 is dispositive.
---------------------------------------------------------------------------

    \16\ For a complete description of the scope of the products 
under review, see Memorandum from James Maeder, Senior Director, 
Office I, Antidumping and Countervailing Duty Operations, to Ronald 
K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Decision Memorandum for Preliminary Results of the 
2014-2016 Antidumping Duty Administrative Review of Certain 
Crystalline Silicon Photovoltaic Products from Taiwan,'' dated 
concurrently with, and hereby adopted by this notice (Preliminary 
Decision Memorandum). 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 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 accessed directly on the 
Internet at http://enforcement.trade.gov/frn/. The signed and 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (``the Act''). Export 
price and constructed export price are calculated in accordance with 
section 772 of the Act. Normal value is calculated in accordance with 
section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.\17\ A list of 
topics included in the Preliminary Decision Memorandum is included as 
an Appendix to this notice.
---------------------------------------------------------------------------

    \17\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins for the period July 31, 2014 
through January 31, 2016:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       margin
                                                               (percent)
------------------------------------------------------------------------
Sino-American Silicon Products Inc./Solartech Energy Corp...        3.50
Motech Industries, Inc......................................        4.20
AU Optronics Corporation....................................        4.09
EEPV CORP...................................................        4.09
E-TON Solar Tech. Co., Ltd..................................        4.09
Gintech Energy Corporation..................................        4.09
Inventec Energy Corporation.................................        4.09
Inventec Solar Energy Corporation...........................        4.09
Kyocera Mexicana S.A. de C.V................................        4.09
Sunengine Corporation Ltd...................................        4.09
Sunrise Global Solar Energy.................................        4.09
TSEC Corporation............................................        4.09
Win Win Precision Technology Co., Ltd.......................        4.09
------------------------------------------------------------------------

    For the rate for non-selected respondents in an administrative 
review, generally, the Department looks to section 735(c)(5) of the 
Act, which provides instructions for calculating the all-others rate in 
a market economy investigation. Under section

[[Page 12804]]

735(c)(5)(A) of the Act, the all-others rate is normally ``an amount 
equal to the weighted-average of the estimated weighted-average dumping 
margins established for exporters and producers individually 
investigated, excluding any zero or de minimis margins, and any margins 
determined entirely {on the basis of facts available{time} .'' With two 
respondents, we normally calculate (A) a weighted-average of the 
dumping margins calculated for the mandatory respondents; (B) a simple 
average of the dumping margins calculated for the mandatory 
respondents; and (C) a weighted-average of the dumping margins 
calculated for the mandatory respondents using each company's publicly-
ranged values for the merchandise under consideration. We compare (B) 
and (C) to (A) and select the rate closest to (A) as the most 
appropriate rate for all other companies.\18\ Accordingly, we have 
applied a rate of 4.09 percent to the non-selected companies, as set 
forth in the chart above.\19\
---------------------------------------------------------------------------

    \18\ See Ball Bearings and Parts Thereof From France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010).
    \19\ See Memorandum from Thomas Martin to the File, 
``Calculation of the Rate for Non-Selected Respondents,'' dated 
February 28, 2017.
---------------------------------------------------------------------------

Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and U.S. Customs and Border Protection (``CBP'') shall 
assess, antidumping duties on all appropriate entries. The Department 
intends to issue assessment instructions to CBP 15 days after the date 
of publication of the final results of this review.
    For any individually examined respondents whose weighted-average 
dumping margin is above de minimis (i.e., 0.50 percent), we will 
calculate importer-specific ad valorem duty assessment rates based on 
the ratio of the total amount of dumping calculated for the importer's 
examined sales to the total entered value of those same sales in 
accordance with 19 CFR 351.212(b)(1).\20\ For entries of subject 
merchandise during the POR produced by each respondent for which it did 
not know its merchandise was destined for the United States, we will 
instruct CBP to liquidate un-reviewed entries at the all-others rate if 
there is no rate for the intermediate company involved in the 
transaction.\21\ We will instruct CBP to assess antidumping duties on 
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review 
is above de minimis. Where either the respondent's weighted-average 
dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------

    \20\ In these preliminary results, the Department applied the 
assessment rate calculation methodology adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
    \21\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of solar products from Taiwan entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this administrative review, as provided for by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies 
under review will be the rate established in the final results of this 
review (except, if the rate is zero or de minimis, no cash deposit will 
be required); (2) for merchandise exported by manufacturers or 
exporters not covered in this review but covered in a prior segment of 
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding in which the manufacturer or exporter participated; (3) if 
the exporter is not a firm covered in this review, a prior review, or 
the less-than-fair-value investigation, but the manufacturer is, the 
cash deposit rate will be the rate established for the most recently 
completed segmet of the proceeding for the manufacturer of the 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 19.50 percent ad valorem, the all-
others rate established in the less-than-fair-value investigation.\22\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
---------------------------------------------------------------------------

    \22\ See Certain Crystalline Silicon Photovoltaic Products: 
Final Determination of Sales at Less Than Fair Value, 79 FR 76966 
(December 23, 2014).
---------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose the calculations used in our 
analysis to interested parties in this review within five days of the 
date of publication of this notice in accordance with 19 CFR 
351.224(b). Interested parties are invited to comment on the 
preliminary results of this review. Pursuant to 19 CFR 
351.309(c)(1)(ii), interested parties may submit case briefs no later 
than 30 days after the date of publication of this notice. Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed no 
later than five days after the time limit for filing case briefs.\23\ 
Parties who submit case briefs or rebuttal briefs in this proceeding 
are requested to submit with each brief: (1) A statement of the issue, 
(2) a brief summary of the argument, and (3) a table of 
authorities.\24\ Executive summaries should be limited to five pages 
total, including footnotes.\25\ Case and rebuttal briefs should be 
filed using ACCESS.\26\
---------------------------------------------------------------------------

    \23\ See 19 CFR 351.309(d)(1).
    \24\ See 19 CFR 351.309(c)(2) and (d)(2).
    \25\ Id.
    \26\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of the publication of this notice in the Federal 
Register. If a hearing is requested, the Department will notify 
interested parties of the hearing schedule. Interested parties who wish 
to request a hearing, or to participate if one is requested, must 
submit a written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS within 30 days after the 
date of publication of this notice. Requests should contain: (1) The 
party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. Issues 
raised in the hearing will be limited to those raised in the respective 
case and rebuttal briefs.
    We intend to issue the final results of this administrative review, 
including the results of our analysis of issues raised by the parties 
in the written comments, within 120 days of publication of these 
preliminary results in the Federal Register, unless otherwise 
extended.\27\
---------------------------------------------------------------------------

    \27\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------

Notification to Importers

    This notice also serves as a preliminary 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 review

[[Page 12805]]

period. Failure to comply with this requirement could result in the 
Department's presumption that reimbursement of antidumping duties 
occurred and the subsequent assessment of double antidumping duties.
    These preliminary results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act and 19 CFR 351.213(h)(1).

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

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Selection of Respondents
5. Affiliation and Collapsing of Affiliates
6. Unexamined Respondents
7. Discussion of Methodology
8. Product Comparisons
9. Date of Sale
10. Export Price/Constructed Export Price
11. Normal Value
12. Revisions to SAS-Solartech's Reported Home Market Sales
13. Cost of Production Analysis
14. Calculation of NV Based on Comparison-Market Prices
15. Currency Conversions
16. Conclusion

[FR Doc. 2017-04413 Filed 3-6-17; 8:45 am]
 BILLING CODE 3510-DS-P