[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31555-31557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14281]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-853]


Certain Crystalline Silicon Photovoltaic Products From Taiwan: 
Final Results of Antidumping Duty Administrative Review; 2014-2016

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

SUMMARY: On March 7, 2017, the Department of Commerce (the Department) 
published the preliminary results of the 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. Based on our analysis of the 
comments received, we have made certain changes to the margin 
calculations with respect to Sino-American Silicon Products Inc. and 
Solartech Energy Corp., and, therefore, the final results differ from 
the preliminary results. We made no changes to the preliminary results 
with respect to Motech Industries, Inc. The final weighted-average 
dumping margins are listed below in the section ``Final Results of 
Review.''

DATES: Effective July 7, 2017.

FOR FURTHER INFORMATION CONTACT: Magd Zalok or Thomas Martin, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-4162 or (202) 482-3936, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 7, 2017, the Department published the Preliminary Results 
of this administrative review.\1\ For the events that occurred since 
the Preliminary Results, see the Issues and Decision Memorandum.\2\ 
These final results cover 12 companies.\3\ The Department conducted 
this review in accordance with section 751(a) of the Tariff Act of 
1930, as amended (the Act).
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    \1\ Certain Crystalline Silicon Photovoltaic Products From 
Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review and Partial Rescission of Antidumping Duty Administrative 
Review; 2014-2016, 82 FR 12802 (March 7, 2017) (Preliminary 
Results), and accompanying Memorandum, ``Decision Memorandum for the 
Preliminary Results of the 2014-2016 Antidumping Duty Administrative 
Review of Certain Crystalline Silicon Photovoltaic Products from 
Taiwan,'' dated February 28, 2017 (Preliminary Decision Memorandum).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2014-2016 Administrative Review of the 
Antidumping Duty Order on Certain Crystalline Silicon Photovoltaic 
Products from Taiwan,'' dated concurrently with this notice and 
incorporated herein by reference (Issues and Decision Memorandum).
    \3\ The Preliminary Results covered 14 companies. See 
Preliminary Results, 82 FR at 12803. Subsequently, the Department 
collapsed Sino-American Silicon Products Inc. (SAS) and Solartech 
Energy Corp. See Preliminary Decision Memorandum at 3-4. In these 
final results, the Department has determined that SAS should also be 
collapsed with Sunrise Global Solar Energy. See Issues and Decision 
Memorandum at Comment 3. Thus, these final results cover two 
mandatory respondents, and 10 companies not individually examined. 
See Final Results of Review section below, for a list of all of the 
companies.
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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. 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.\4\
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    \4\ For a complete description of the scope of the order, see 
the Issues and Decision Memorandum.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum, 
which is hereby adopted with this notice. A list of the issues which 
parties raised, and to which we responded in the Issues and Decision 
Memorandum, can be found in the Appendix to this notice. The Issues and 
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 https://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 Issues and 
Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision

[[Page 31556]]

Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we made 
revisions to our preliminary calculations of the weighted-average 
dumping margins for Sino-American Silicon Products Inc. (SAS) and 
Solartech Energy Corp. (Solartech) (hereinafter, SAS-
Solartech).5 6 For Motech Industries, Inc. (Motech), the 
Department made no changes to the Preliminary Results.
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    \5\ See Issues and Decision Memorandum at comments 4, 7, 10 and 
11.
    \6\ See Memorandum to The File Through Robert Bolling, Program 
Manager, AD/CVD Operations, Office IV, From Magd Zalok, AD/CVD 
Operations, Office 4: 2014-2016 Antidumping Duty Administrative 
Review of Certain Crystalline Silicon Photovoltaic Products from 
Taiwan, Final Results Analysis for the SAS-Solartech Entity 
(Analysis Memorandum for the Final Results), dated concurrently with 
this notice.
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Rate for Non-Examined Companies

    The statute and the Department's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
examination when the Department limits its examination in an 
administrative review pursuant to section 777A(c)(2) 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 a market 
economy investigation, for guidance when calculating the rate for 
companies which were not selected for individual review in an 
administrative review. Under section 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} .''
    In this review, we calculated weighted-average dumping margins for 
SAS-Solartech and Motech that are not zero, de minimis, or determined 
entirely on the basis of facts available. 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.\7\ Accordingly, we have applied a rate of 4.10 percent 
to the non-selected companies, as set forth in the chart below.\8\
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    \7\ 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).
    \8\ See Memorandum from Thomas Martin to the File, ``Calculation 
of the Rate for Non-Selected Respondents,'' dated dated concurrently 
with this notice.
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Final Results of Review

    The Department determines that the following weighted-average 
dumping margins exist for the period July 31, 2014, through January 31, 
2016:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Manufacturer/exporter                       margin
                                                             (percent)
------------------------------------------------------------------------
Sino-American Silicon Products Inc./Solartech Energy                3.56
 Corp...................................................
Motech Industries, Inc..................................            4.20
AU Optronics Corporation................................            4.10
EEPV CORP...............................................            4.10
E-TON Solar Tech. Co., Ltd..............................            4.10
Gintech Energy Corporation..............................            4.10
Inventec Energy Corporation.............................            4.10
Inventec Solar Energy Corporation.......................            4.10
Kyocera Mexicana S.A. de C.V............................            4.10
Sunengine Corporation Ltd...............................            4.10
TSEC Corporation........................................            4.10
Win Win Precision Technology Co., Ltd...................            4.10
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Disclosure

    The Department intends to disclose the calculations performed for 
these final 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).

Assessment

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
the Department shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with the final results of this 
review. The Department intends to issue assessment instructions to CBP 
15 days after the date of publication of the final results of this 
administrative review in the Federal Register.
    Where the respondent reported reliable entered values, we 
calculated importer- (or customer-) specific ad valorem rates by 
aggregating the dumping margins calculated for all U.S. sales to each 
importer (or customer) and dividing this amount by the total entered 
value of the sales to each importer (or customer).\9\ Where the 
Department calculated a weighted-average dumping margin by dividing the 
total amount of dumping for reviewed sales to that party by the total 
sales quantity associated with those transactions, the Department will 
direct CBP to assess importer- (or customer-) specific assessment rates 
based on the resulting per-unit rates.\10\ Where an importer- (or 
customer-) specific ad valorem or per-unit rate is greater than de 
minimis (i.e., 0.50 percent), the Department will instruct CBP to 
collect the appropriate duties at the time of liquidation.\11\ Where an 
importer- (or customer-) specific ad valorem or per-unit rate is zero 
or de minimis, the Department will instruct CBP to liquidate 
appropriate entries without regard to antidumping duties.\12\
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    \9\ See 19 CFR 351.212(b)(1).
    \10\ Id.
    \11\ Id.
    \12\ See 19 CFR 351.106(c)(2).
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    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the methodology described in 
the ``Rates for Non-Examined Companies'' section, above.
    Consistent with the Department's assessment practice, for entries 
of subject merchandise during the POR produced by SAS-Solartech, 
Motech, or the non-examined companies for which the producer did not 
know that its merchandise was destined for the United States, we will 
instruct CBP to liquidate unreviewed entries at the all-others rate if 
there is no rate for the intermediate company(ies) involved in the 
transaction.\13\
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    \13\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of the final results 
of this administrative review, as provided for by section 751(a)(2)(C) 
of the Act: (1) The cash deposit rates for the companies listed in 
these final results will be equal to the weighted-average dumping 
margins established in the

[[Page 31557]]

final results of this review; (2) for merchandise exported by producers 
or exporters not covered in this review but covered in a prior segment 
of this proceeding, the cash deposit rate will continue to be the 
company-specific rate published for the most recently completed segment 
in which the company was reviewed; (3) if the exporter is not a firm 
covered in this review or the original less-than-fair-value (LTFV) 
investigation, but the producer is, the cash deposit rate will be the 
rate established for the most recently completed segment of this 
proceeding for the producer of the subject merchandise; and (4) the 
cash deposit rate for all other producers or exporters will continue to 
be 19.50 percent,\14\ the all-others rate established in the LTFV 
investigation. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \14\ See Certain Crystalline Silicon Photovoltaic Products: 
Final Determination of Sales at Less Than Fair Value, 79 FR 76966 
(December 23, 2014).
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping 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 occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties Regarding Administrative Protective 
Order

    This notice also serves as the only 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), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of the return or destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: June 29, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. List of Issues
    A. SAS-Solartech-Specific Issues
    Comment 1: Whether Products Shipped to the United States are 
Third-Country Sales
    Comment 2: Whether To Exclude Priced Sample Sales
    Comment 3: Whether To Assign SAS-Solartech's Rate to Sunrise 
Global Solar Energy
    Comment 4: Whether To Revise the MFRH/U Fields To Reflect the 
Collapsed Entity
    Comment 5: Whether To Revise the Draft Cash Deposit and 
Assessment Instructions
    Comment 6: Differential Pricing
    Comment 7: Cost of Manufacturing for Grade 4 Non-Prime Products
    Comment 8: Scrap Offset for Two Resold CONNUMs
    Comment 9: Year-End Adjustment for Items Relating to Profit
    Comment 10: Loss in Inventory Devaluation
    Comment 11: Other CPA Adjustment
    Comment 12: Scrap Offset
    Comment 13: Rental Expenses
    Comment 14: Fixed Overhead Costs
    Comment 15: G&A and Financial Expenses
    B. Motech-Specific Issues
    Comment 16: Whether To Apply Partial AFA to Motech's Reported 
Per-Unit Costs
    Comment 17: Whether To Deny Motech's Offset for Silver Paste 
Scrap
    Comment 18: Whether To Include Fire Losses in Motech's General 
and Administrative (``G&A'') Expenses
    Comment 19: Whether To Exclude Motech's Reported ``Indirect'' 
U.S. Sales for One Customer
III. Background
IV. Scope of the Order
V. Margin Calculations
VI. Discussion of the Issues
VII. Recommendation

[FR Doc. 2017-14281 Filed 7-6-17; 8:45 am]
 BILLING CODE 3510-DS-P