[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:
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Weighted-
average
Manufacturer/exporter margin
(percent)
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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