[Federal Register Volume 82, Number 70 (Thursday, April 13, 2017)]
[Notices]
[Pages 17797-17798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07491]


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DEPARTMENT OF COMMERCE

International Trade Administration

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


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

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

SUMMARY: On March 6, 2017, the Department of Commerce (the 
``Department'') published its notice of initiation and 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 (Preliminary 
Results).
    The Department preliminarily determined that Hanwha Q CELLS 
(Qidong) Co. Ltd. (``Q CELLS Qidong'') is the successor-in-interest to 
Hanwha SolarOne (Qidong) Co., Ltd. (``SolarOne Qidong'') for purposes 
of the AD orders on solar cells and solar products from the PRC and 
that Hanwha Q CELLS Hong Kong Limited (``Q CELLS Hong Kong'') is the 
successor-in-interest to Hanwha SolarOne Hong Kong Limited (``SolarOne 
Hong Kong'') for purposes of the AD order on solar products from the 
PRC. As such, the Department preliminarily determined that Q CELLS 
Qidong is entitled to SolarOne Qidong's AD cash deposit rates for 
purposes of the AD orders on solar cells and solar products from the 
PRC and Q CELLS Hong Kong is entitled to SolarOne Hong Kong's AD cash 
deposit rate for purposes of the AD order on solar products from the 
PRC.
    We provided interested parties 14 days from the date of publication 
of the Preliminary Results to submit case briefs or request a hearing. 
No interested parties submitted case briefs or requested a hearing.
    For these final results, the Department finds 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 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.

DATES: Effective April 13, 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 \3\ and to establish Q CELLS Qidong as 
the successor-in-interest to SolarOne Qidong for purposes of the of the 
AD and countervailing duty (``CVD'') orders on solar cells from the PRC 
and solar products from the PRC.\4\ On September 23, 2016, Q CELLS Hong 
Kong and Q CELLS Qidong withdrew their request for CCRs with respect to 
the CVD orders on solar cells and solar products from the PRC.\5\ The 
Department received comments on October 11, 2016 from SolarWorld 
Americas, Inc. (``Petitioner'') concerning Q CELLS Hong Kong and Q 
CELLS Qidong's CCR request.\6\ On February 24, 2017, the Department 
initiated the instant CCRs and made a preliminary finding that: Q CELLS 
Qidong is the successor-in-interest to SolarOne Qidong and is entitled 
to SolarOne Qidong's AD cash deposit rates with respect to the AD 
orders on solar cells and solar products from the PRC and Q CELLS Hong 
Kong is the successor-in-interest to SolarOne Hong Kong and is entitled 
to SolarOne Hong Kong's AD cash deposit rate with respect to the AD 
order on solar products from the PRC.\7\ We provided interested parties 
14 days from the date of publication of the Preliminary Results to 
submit case briefs. No interested parties submitted case briefs or 
requested a hearing.
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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\ In the initiation and preliminary results notice, the 
Department inadvertently referred to this company as SolarOne Hong 
Kong Limited rather than the full company name, Hanwha SolarOne Hong 
Kong Limited.
    \4\ See letter on the solar cells and solar products AD and CVD 
orders from Q CELLS Hong Kong and Q CELLS Qidong to the Department 
regarding, ``Changed Circumstances Review Request'' (September 8, 
2016) (``CCR Request'').
    \5\ See letter from Q CELLS Hong Kong and Q CELLS Qidong to the 
Department regarding ``Withdrawal of Changed Circumstances Review 
Request Regarding Case Nos. C-570-980 and C-570-011.''
    \6\ 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 11, 2016) (``Petitioner's Comments'').
    \7\ See 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; 82 FR 12558 (March 6, 2017) (``Preliminary 
Results'') and accompanying Preliminary Decision Memorandum.
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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. 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.\8\
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    \8\ For a complete description of the scopes of these orders, 
see the 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'').

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[[Page 17798]]

    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. 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.\9\
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    \9\ Id.
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Final Results of the Changed Circumstances Reviews

    Because no interested party submitted comments on, and the record 
contains no information or evidence that calls into question, the 
Preliminary Results, the Department adopts the analysis from the 
Preliminary Results and Preliminary Decision Memorandum and continues 
to find that Q CELLS Qidong is the successor-in-interest to SolarOne 
Qidong with respect to 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 with respect to the AD order on solar products 
from the PRC. Therefore, Q CELLS Qidong is entitled to the AD cash 
deposit rate of SolarOne Qidong for purposes of the AD orders on solar 
cells and solar products from the PRC, and Q CELLS Hong Kong is 
entitled to the AD cash deposit rate of SolarOne Hong Kong for purposes 
of the AD order on solar products from the PRC.

Instructions to U.S. Customs and Border Protection

    Based on these final results, we intend to instruct U.S. Customs 
and Border Protection (``CBP'') to collect estimated duties for all 
shipments of solar cells from the PRC and solar products from the PRC 
exported and produced by Q CELLS Qidong and entered, or withdrawn from 
warehouse, for consumption on or after the publication date of this 
notice in the Federal Register at the current AD cash deposit rates for 
SolarOne Qidong. Those cash deposit rates are 13.18 percent \10\ and 
30.06 percent,\11\ respectively.\12\
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    \10\ See Implementation of Determinations Under Section 129 of 
the Uruguay Round Agreements Act: Citric Acid and Citrate Salts From 
the People's Republic of China; Certain Coated Paper Suitable for 
High-Quality Print Graphics Using Sheet-Fed Presses From the 
People's Republic of China; Seamless Carbon and Alloy Steel 
Standard, Line, and Pressure Pipe From the People's Republic of 
China; High Pressure Steel Cylinders From the People's Republic of 
China; Multilayered Wood Flooring From the People's Republic of 
China; Certain Crystalline Silicon Photovoltaic Cells, Whether or 
Not Assembled Into Modules, From the People's Republic of China; 
Utility Scale Wind Towers From the People's Republic of China; 80 FR 
48812 (August 14, 2015).
    \11\ See Solar Products Order, 80 FR 8592 (February 18, 2015), 
and Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China: Final Determination of Sales at Less 
Than Fair Value; 79 FR 76970-01 (December 23, 2014) where the 
Department indicated that it would instruct CBP to require a cash 
deposit equal to the weighted-average amount by which the normal 
value exceeds U.S. price, adjusted where appropriate for export 
subsidies and estimated domestic subsidy pass-through. The 30.06 
rate is the adjusted rate.
    \12\ 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 does have a separate rate, classified under case 
number A-570-979-014, where SolarOne Qidong is identified as the 
exporter and manufacturer. In updating these combination rates, we 
intend to revise both the names of the exporters and manufacturer 
consistent with our final determination 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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    The Department furthermore intends to instruct CBP to collect 
estimated duties for all shipments of solar products from the PRC 
exported by Q CELLS Hong Kong and produced by Q CELLS Qidong, and 
entered or withdrawn from warehouse, for consumption on or after the 
publication date of this notice in the Federal Register at the current 
AD cash deposit rate for SolarOne Hong Kong (i.e., 30.06 percent).\13\ 
These cash deposit requirements shall remain in effect until further 
notice.
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    \13\ See Solar Products Order, 80 FR 8592 (February 18, 2015), 
and Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China: Final Determination of Sales at Less 
Than Fair Value; 79 FR 76970-01 (December 23, 2014) where the 
Department indicated that it would instruct CBP to require a cash 
deposit equal to the weighted-average amount by which the normal 
value exceeds U.S. price, adjusted where appropriate for export 
subsidies and estimated domestic subsidy pass-through. The 30.06 
rate is the adjusted rate.
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Notification to Interested Parties

    This notice serves as a final reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a sanctionable violation.
    We are issuing and publishing this final results notice in 
accordance with sections 751(b) and 777(i) of the Tariff Act of 1930, 
as amended, and 19 CFR 351.216 and 351.221(c)(3).

    Dated: April 7, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-07491 Filed 4-12-17; 8:45 am]
 BILLING CODE 3510-DS-P