[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)]
[Notices]
[Pages 12793-12796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04420]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-010]


Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review and Preliminary Determination of No Shipments; 
2014-2016

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


[[Page 12794]]


SUMMARY: The Department of Commerce (``the Department'') is conducting 
an administrative review of the antidumping duty order on crystalline 
silicon photovoltaic products (``solar products'') from the People's 
Republic of China (``PRC''). The period of review (``POR'') is July 31, 
2014 through January 31, 2016. The administrative review covers one 
mandatory respondent, Changzhou Trina Solar Energy Co., Ltd./Trina 
Solar (Changzhou) Science & Technology Co., Ltd. (``Trina''), which we 
have preliminarily determined to treat as a single entity with the 
additional affiliated companies identified below. The Department 
preliminarily finds that Trina 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 March 7, 2017.

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, AD/CVD Operations, 
Office IV, Enforcement & Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-2769.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise covered by the 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.\1\ Merchandise covered by the 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 of this 
investigation is dispositive.
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    \1\ For a complete description of the scope of the order, see 
``Decision Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review: Certain Crystalline Silicon Photovoltaic 
Products from the People's Republic of China; 2014-2016'' from James 
Maeder, Senior Director, Office I for Antidumping and Countervailing 
Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for 
Enforcement and Compliance, issued concurrently with and hereby 
adopted by this notice (``Preliminary Decision Memorandum'').
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Preliminary Determination of No Shipments

    Based on an analysis of U.S. Customs and Border Protection 
(``CBP'') information, and comments provided by Shanghai JA Solar 
Technology Co., Ltd. (``JA Solar''), the Department preliminarily 
determines that JA Solar 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\
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    \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.
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Preliminary Affiliation and Single Entity Determination

    Based on record evidence, the Department preliminarily finds that 
the mandatory respondent Changzhou Trina Solar Energy Co., Ltd./Trina 
Solar (Changzhou) Science & Technology Co., Ltd. is affiliated with the 
following four companies pursuant to section 771(33)(F) of the Act: (1) 
Yancheng Trina Solar Energy Technology Co., Ltd.; (2) Changzhou Trina 
Solar Yabang Energy Co., Ltd.; (3) Turpan Trina Solar Energy Co., Ltd.; 
and (4) Hubei Trina Solar Energy Co., Ltd. In addition, based on the 
information presented in this review, we preliminarily find that these 
six companies should be treated as a single entity pursuant to 19 CFR 
351.401(f). For additional information, see the Preliminary Decision 
Memorandum and Trina Collapsing Memorandum.\3\
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    \3\ See the December 18, 2015 Memoranda from Jeff Pedersen to 
Abdelali Elouaradia concerning ``Affiliation and Single Entity 
Status'' (``Trina Collapsing Memorandum'').
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Use of Partial Facts Available (``FA'')

    Section 776(a) of the Act provides that the Department shall apply 
FA if (1) necessary information is not on the record, or (2) an 
interested party or any other person (A) withholds information that has 
been requested, (B) fails to provide information within the deadlines 
established, or in the form and manner requested by the Department, 
subject to subsections (c)(1) and (e) of section 782 of the Act, (C) 
significantly impedes a proceeding, or (D) provides information that 
cannot be verified as provided by section 782(i) of the Act. Trina was 
unable to obtain FOPs from tollers of two inputs. Because this 
information is necessary and not available on the record, the 
Department is applying FA with respect to the FOPs in accordance with 
section 776(a)(1) of the Act.

Separate Rates

    The Department preliminarily determines that information placed on 
the record by the mandatory respondent Trina, as well as by seven other 
separate rate applicants, demonstrates that these companies are 
entitled to separate rate status. For additional information, see the 
Preliminary Decision Memorandum.

Rate for Separate-Rate Companies Not Individually Examined

    The statute and the Department's regulations do not address the 
establishment of a rate to be applied to respondents not selected for 
individual examination when the Department limits its examination in an 
administrative review pursuant to section 777A(c)(2)(B) of the Act. 
Generally, the Department looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in an 
investigation, for guidance when calculating the rate for respondents 
which we did not individually examine in an administrative review. 
Section 735(c)(5)(A) of the Act articulates a preference that we not 
calculate an all-others rate using rates which are zero, de minimis or 
based entirely on facts available. Accordingly, the Department's 
practice has been to average the weighted-average dumping margins for 
the examined companies, excluding rates that are zero, de minimis, or 
based entirely on facts available.\4\ In these preliminary results, the 
Department has calculated a rate for the sole mandatory respondent, 
Trina that is not zero, de minimis, or based entirely on facts 
available. Accordingly, we assigned the weighted-average dumping margin 
for Trina to the non-individually examined companies to which we 
granted separate rates status. The separate rate companies are listed 
in the ``Preliminary Results of Review'' section of this notice. For 
additional information, see the Preliminary Decision Memorandum.
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    \4\ See Ball Bearings and Parts Thereof From France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 
52823, 52824 (September 11, 2008), and accompanying Issues and 
Decision Memorandum at Comment 16.
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Methodology

    The Department conducted this administrative review in accordance 
with section 751(a)(1)(B) of the Act. The

[[Page 12795]]

Department calculated constructed export prices in accordance with 
section 772 of the Act. Given that the PRC is a 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)
------------------------------------------------------------------------
Changzhou Trina Solar Energy Co., Ltd./Trina Solar                 14.70
 (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............
BYD (Shangluo) Industrial Co., Ltd......................           14.70
Chint Solar (Zhejiang) Co., Ltd.........................           14.70
Hefei JA Solar Technology Co., Ltd......................           14.70
Perlight Solar Co., Ltd.................................           14.70
Shenzhen Sungold Solar Co., Ltd.........................           14.70
Sunny Apex Development Ltd..............................           14.70
Wuxi Suntech Power Co., Ltd.............................           14.70
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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.\5\ 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.\6\ 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.\7\
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    \5\ See 19 CFR 351.309(c)(ii).
    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.309(c)(2), (d)(2).
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    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.\8\ Requests should contain the party's 
name, address, and telephone number, the number of participants in the 
hearing, 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, 1401 Constitution 
Avenue NW., Washington, DC 20230, at a date and time to be 
determined.\9\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date of the 
hearing.
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    \8\ See 19 CFR 351.310(c).
    \9\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS.\10\ An electronically filed document must 
be received successfully in its entirety by the Department's electronic 
records system, ACCESS, 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.\11\
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    \10\ See generally 19 CFR 351.303.
    \11\ 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).
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    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, 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.\12\ 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).\13\ 
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.\14\ Where the importer did not report entered 
values, the Department calculates an importer-specific assessment rates 
by dividing the amount of dumping for reviewed sales to the importer- 
by the total sales quantity associated with those

[[Page 12796]]

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.\15\ 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.\16\
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    \12\ See 19 CFR 351.212(b)(1).
    \13\ 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'').
    \14\ See 19 CFR 351.212(b)(1).
    \15\ Id.
    \16\ See Final Modification, 77 FR at 8103.
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    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.\17\ 
Because no party requested a review of the PRC-wide entity, the entity 
is not under review and the entity's rate (i.e., 165.04 percent) is not 
subject to change.\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.
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    \17\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
    \18\ See Certain Crystalline Silicon Photovoltaic Products From 
the People's Republic of China: Final Determination of Sales at Less 
Than Fair Value, 79 FR 76970 (December 23, 2014).
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    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 entries of merchandise covered by the final 
results of this review 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 the 
normal value exceeds U.S. price. The following cash deposit 
requirements will be effective 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., 165.04 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.
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    \19\ See Final Determination at 76973.
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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 increase 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: 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. Period of Review
4. Extension of Preliminary Results
5. Scope of the Order
6. Preliminary Determination of No Shipments
7. Selection of Respondents
8. Single Entity Treatment
9. Discussion of the Methodology
    a. Non-Market Economy Country
    b. Separate Rates
    c. Rate for Non-Examined, Separate Rate Respondents
    d. Application of Facts Available
    e. Surrogate Country Selection
    f. Date of Sale
    g. Fair Value Comparisons
    h. U.S. Price
    i. Normal Value
    j. Adjustments for Countervailable Subsidies
    k. Currency Conversion
10. Recommendation

[FR Doc. 2017-04420 Filed 3-6-17; 8:45 am]
 BILLING CODE 3510-DS-P