[Federal Register Volume 82, Number 132 (Wednesday, July 12, 2017)]
[Notices]
[Pages 32170-32172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14611]


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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: Final Results of Antidumping Duty 
Administrative Review and Final Determination of No Shipments; 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 first administrative review 
(AR) of the antidumping duty (AD) order on certain crystalline silicon 
photovoltaic products from the People's Republic of China (PRC). The 
period of review (POR) for the AR is July 31, 2014, through January 31, 
2016. The AR covers nine companies including one mandatory respondent. 
We received comments from interested parties on our preliminary 
results. Based on our analysis of the comments received, we made 
changes to the margin calculations for the final results of this AR. 
The final weighted-average dumping margins are listed below in the 
``Final Results of Review'' section of this notice.

DATES: Effective July 12, 2017.

FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis, AD/CVD 
Operations, Office IV, Enforcement & Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-3147.

SUPPLEMENTARY INFORMATION: 

Background

    On March 7, 2017, the Department published in the Federal Register 
the preliminary results of the 2014-2016 AR of the antidumping duty 
order on certain crystalline silicon photovoltaic products from the 
PRC.\1\ For events subsequent to the Preliminary Results,

[[Page 32171]]

see the Department's Issues and Decision Memorandum.\2\
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    \1\ See 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, 82 FR 12793 (March 7, 2017) (Preliminary 
Results) and accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2014-2016 Antidumping Duty Administrative 
Review of Crystalline Silicon Photovoltaic Products From the 
People's Republic of China,'' (Issues and Decision Memorandum), 
dated concurrently with this notice.
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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.\3\ 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 the order 
is dispositive.
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    \3\ For a complete description of the scope of the order, see 
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 by this notice. A list of the issues that 
parties raised, and to which we responded in the Issues and Decision 
Memorandum, follows as an 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 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/. The paper copy and 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 the mandatory respondent, Trina.4 5
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    \4\ In these final results of review, the Department has 
continued to treat the following six companies as a single entity: 
Changzhou Trina Solar Energy Co., Ltd./Trina Solar (Changzhou) 
Science & Technology Co., Ltd./Yancheng Trina Solar Energy Techology 
Co., Ltd./Changzhou Trina Solar Yabang Energy Co., Ltd./Turpan Trina 
Solar Energy Co., Ltd./Hubeui Trina Solar Energy Co., Ltd. 
(Collectively, Trina). See Preliminary Results, 82 FR 12793 (March 
7, 2017) and PDM at 6.
    \5\ See Issues and Decision Memorandum at comments 6, 8, 9, and 
11.
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Final Determination of No Shipments

    In the Preliminary Results, we found that one company, JA Solar 
Technology Co., Ltd. (JA Solar), had no shipments during the POR.\6\ 
Consistent with the Department's assessment practice in NME cases, we 
completed the review with respect to JA Solar.\7\ The Department placed 
on the record a memorandum regarding JA Solar's no shipment claim and 
shipment data from U.S. Customs and Border Protection (CBP).\8\ On May 
1, 2017, JA Solar timely submitted comments regarding the Department's 
memorandum on JA Solar's no shipment claim. No parties submitted 
rebuttal comments regarding JA Solar's no shipment claim. For these 
final results, we continue to find that JA Solar had no shipments 
during the POR. As noted in the ``Assessment'' section below, the 
Department will issue appropriate instructions with respect to this 
company to CBP based on our final results.\9\ In addition, JA Solar 
will maintain its dumping margin from the most recently completed 
segment of this proceeding in which it participated.
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    \6\ See Preliminary Results.
    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) 
(Assessment of Antidumping Duties).
    \8\ See memorandum to interested parties re: ``Certain 
Crystalline Silicon Photovoltaic Products from the People's Republic 
of China: Shanghai JA Solar Technology Co., Ltd.'s No-shipment Claim 
and Release of U.S. Customs and Border Protection Information 
Relating to No Shipment Claims Made in the 2014-2016 Administrative 
Review of Certain Crystalline Silicon Photovoltaic Products from the 
People's Republic of China,'' dated April 25. 2017.
    \9\ See Assessment of Antidumping Duties; see also the 
``Assessment'' section of this notice, below.
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Separate Rates

    In the Preliminary Results, the Department determined that Trina, 
and seven other companies demonstrated their eligibility for separate 
rates.\10\ No parties commented on this preliminary decision. For these 
final results, we continue to find that the eight companies listed in 
the table in the ``Final Results'' section of this notice are eligible 
for separate rates status. The Department assigned a dumping margin to 
the separate rate companies that it did not individually examine, but 
which demonstrated their eligibility for a separate rate, based on the 
mandatory respondent's dumping margin.\11\
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    \10\ See Preliminary Results.
    \11\ See Memorandum, ``Calculation of the Final Dumping Margin 
for Separate Rate Recipients,'' dated concurrently with this notice.
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Final Results of Review

    We determine that the following weighted-average dumping margins 
exist for the POR:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
------------------------------------------------------------------------
Changzhou Trina Solar Energy Co., Ltd./Trina Solar                  9.61
 (Changzhou) Science and Technology Co., Ltd./Yangcheng
 Trina Solar Energy Co., Ltd./Turpan Trina Solar Energy Co.,
 Ltd./Hubei Trina Solar Energy Co., Ltd.....................
BYD (Shangluo) Industrial Co., Ltd..........................        9.61
Chint Solar (Zhejiang) Co., Ltd.............................        9.61
Hefei JA Solar Technology Co., Ltd..........................        9.61
Perlight Solar Co., Ltd.....................................        9.61
Shenzhen Sungold Solar Co., Ltd.............................        9.61
Sunny Apex Development Ltd..................................        9.61
Wuxi Suntech Power Co., Ltd.................................        9.61
------------------------------------------------------------------------

    Because no party requested a review of the PRC-wide entity and the 
Department no longer considers the PRC-wide entity as an exporter 
conditionally subject to administrative reviews,\12\ we did not conduct 
a review of the PRC-wide entity. Thus, the weighted-average dumping 
margin for the PRC-wide entity (i.e., 165.04 percent) is not subject to 
change as a result of this review.\13\
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    \12\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November 
4, 2013).
    \13\ See Certain 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).
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Assessment

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries covered by this review. The 
Department intends to issue assessment instructions to CBP 15 days 
after the publication date of these final results of review. In 
accordance with 19 CFR 351.212(b)(1), we are calculating importer- (or 
customer-) specific assessment rates for the merchandise

[[Page 32172]]

subject to this review. For any individually examined respondent whose 
weighted-average dumping margin is above de minimis (i.e., 0.50 
percent), the Department will calculate importer- (or customer)-
specific assessment rates for merchandise subject to this review. Where 
the respondent reported reliable entered values, the Department 
calculated importer- (or customer)-specific ad valorem rates by 
aggregating the dumping margins calculated for all U.S. sales to the 
importer- (or customer) and dividing this amount by the total entered 
value of the sales to the importer- (or customer).\14\ Where the 
Department calculated an importer- (or customer)-specific weighted-
average dumping margin by dividing the total amount of dumping for 
reviewed sales to the importer- (or customer) 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.\15\ Where an importer- (or customer)- 
specific ad valorem or per-unit rate is greater than 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 (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.\16\
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    \14\ See 19 CFR 351.212(b)(1).
    \15\ Id.
    \16\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
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    For merchandise whose sale/entry was not reported in the U.S. sales 
database submitted by an exporter individually examined during this 
review, but that entered under the case number of that exporter (i.e., 
at the individually-examined exporter's cash deposit rate), the 
Department will instruct CBP to liquidate such entries at the PRC-wide 
rate. 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 case number will be 
liquidated at the PRC-wide rate.\17\
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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.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of review for shipments of the 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) For the companies listed above the 
cash deposit rate will be their respective rate established in the 
final results of this review; (2) for previously investigated 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 recent period; (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); and (4) for all non-PRC exporters of subject 
merchandise which 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.

Disclosure

    We intend to disclose the calculations performed for these final 
results within five days of publication of this notice in the Federal 
Register in accordance with 19 CFR 351.224(b).

Notification to Importers Regarding the Reimbursement of Duties

    This notice also 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 review 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.

Notification Regarding Administrative Protective Orders (APO)

    This notice also serves as a reminder to parties subject to APO of 
their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305, 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 terms of an APO is a violation which is subject to 
sanction.
    This notice of the final results of this antidumping duty 
administrative review is issued and published in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213 and 19 CFR 
351.221(b)(5).

    Dated: July 5, 2017.
Carole Showers,
Executive Director, Office of Policy, performing the duties of the 
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

Summary
Background
Scope of the Order
List of Abbreviations and Acronyms
Discussion of the Issues
Comment 1: Scope of the Order
    (A) The Scope of the Order Is Unlawful
    (B) The Final Scope Determination Does Not Apply Retroactively
Comment 2: CVD Export Subsidies
Comment 3: Use of Zero Import Quantity
Comment 4: Use of Differential Pricing Analysis
Comment 5: Surrogate Value for Aluminum Frames
Comment 6: Surrogate Value for Scrap Modules
Comment 7: Exclusion of Certain Sales in the Calculation of Dumping 
Margin
Comment 8: Warranty Expenses
Comment 9: Debt Restructuring Income
Comment 10: Surrogate Value for Module Glass
Comment 11: Selection of Financial Statements
Comment 12: JA Solar Technology Co., Ltd.'s No Shipments Claim

[FR Doc. 2017-14611 Filed 7-11-17; 8:45 am]
 BILLING CODE 3510-DS-P