[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Notices]
[Pages 32678-32681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14957]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-980]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Final Results of 
Countervailing Duty Administrative Review, and Partial Rescission of 
Countervailing Duty Administrative Review; 2014

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

SUMMARY: The Department of Commerce (the Department) has completed its 
administrative review of the countervailing duty order (CVD) on 
crystalline silicon photovoltaic cells, whether or not assembled into 
modules (solar cells), from the People's Republic of China (PRC) for 
the January 1, 2014, through December 31, 2014, period of review (POR). 
We have determined that the mandatory respondents Canadian Solar 
Manufacturing (Changshu) Inc. and its cross-owned affiliates 
(collectively, Canadian Solar) and Changzhou Trina Solar Energy Co., 
Ltd. and its cross-owned affiliates (collectively, Trina Solar), 
received countervailable subsidies during the POR. The final net 
subsidy rates are listed below in the section, ``Final Results of 
Administrative Review.'' We are also rescinding the review for 20 
companies for which all review requests were timely withdrawn or for 
which we have concluded that there were no entries, exports, or sales 
of the subject merchandise during the POR.

DATES: Applicable July 17, 2017.

FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone (202) 482-3586.

Background

    The Department published the Preliminary Results of this 
administrative review in the Federal Register on January 9, 2017.\1\ We 
invited interested parties to comment on the Preliminary Results. On 
May 11, 2017, we received timely case briefs from the following 
interested parties: SolarWorld Americas, Inc. (the petitioner); the 
Government of China (GOC); Canadian Solar; Trina Solar; Shanghai BYD 
Co., Ltd. and BYD (Shangluo) Industrial Co., Ltd. (collectively, 
Shanghai BYD); Systemes Versilis, Inc. (Systemes Versilis); and 
Toenergy Technology Hangzhou Co., Ltd.\2\ On May 17, 2017, we received 
timely rebuttal comments from the petitioner; the GOC; Canadian Solar; 
Trina Solar; Shanghai BYD; and Systemes Versilis.\3\
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    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China: 
Preliminary Results of Countervailing Duty Administrative Review and 
Preliminary Intent To Rescind, in Part; 2014, 82 FR 2317 (January 9, 
2017) (Preliminary Results).
    \2\ See Letter to the Secretary from the petitioner, ``Certain 
Crystalline Silicon Photovoltaic Products from the People's Republic 
of China: Case Brief of SolarWorld Americas, Inc.,'' (May 11, 2017); 
Letter to the Secretary from the GOC, ``GOC Administrative Case 
Brief: Third Administrative Review of the Countervailing Duty Order 
on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules from the People's Republic of China (C-570-980),'' (May 
11, 2017); Letter to the Secretary from Canadian Solar, 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules from the People's Republic of China: Case Brief,'' (May 
11, 2017) ; Letter to the Secretary from Trina Solar, ``Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules 
from the People's Republic of China--Case Brief,'' (May 11, 2017); 
Letter to the Secretary from Shanghai BYD, ``Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules, from the 
People's Republic of China--2014 CVD Review: BYD's Case Brief,'' 
(May 11, 2017); Letter to the Secretary from Systemes Versilis, 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules, from the People's Republic of China--2014 CVD Review: 
Systems Versilis's Case Brief,'' (May 11, 2017); and Letter to the 
Secretary from Toenergy, ``Crystalline Silicon Photovoltaic Cells, 
Whether or Not Assembled Into Modules, From the People's Republic of 
China (C-570-980); Preliminary Results of the 2014 Countervailing 
Duty Administrative Review; Case Brief of Toenergy Technology 
Hangzhou Co., Ltd. (May 11, 2017).
    \3\ See Letter to the Secretary from the petitioner, 
``Crystalline Silicon Photovoltaic Cells, Whether Or Not Assembled 
Into Modules from the People's Republic of China: Rebuttal Brief of 
SolarWorld Americas, Inc.,'' (May 17, 2017) ; Letter to the 
Secretary from the GOC, ``GOC Rebuttal Brief: Third Administrative 
Review of the Countervailing Duty Order on Crystalline Silicon 
Photovoltaic Cells, Whether or not Assembled Into Modules from the 
People's Republic of China (C-570-980) (May 17, 2017); Letter to the 
Secretary from Canadian Solar, ``Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled into Modules from the People's 
Republic of China: Rebuttal Brief,'' (May 17, 2017); Letter to the 
Secretary from Trina Solar, ``Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled Into Modules from the People's 
Republic of China--Rebuttal Brief,'' (May 17, 2017); Letter to the 
Secretary from Shanghai BYD, ``Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled into Modules, from the People's 
Republic of China--2014 CVD Review: BYD's Rebuttal Brief,'' (May 17, 
2017); and Letter to the Secretary from Systemes Versilis, 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules, from the People's Republic of China--2014 CVD Review: 
Systemes Versilis's Rebuttal Brief,'' (May 17, 2017).

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[[Page 32679]]

    On April 12, 2017, in accordance with section 751(a)(3)(A) of the 
Act, the Department extended the period for issuing the final results 
of this review by 45 days, to June 23, 2017.\4\ On June 7, 2017, the 
Department extended the period for issuing the final results by an 
additional 15 days, to July 8, 2017.\5\
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    \4\ See Department Memorandum, ``Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled Into Modules, from the 
People's Republic of China: Extension of Deadline for Final Results 
of Third Countervailing Duty Administrative Review,'' (April 12, 
2017).
    \5\ See Department Memorandum, ``Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled Into Modules, from the 
People's Republic of China: Second Extension of Deadline for Final 
Results of Third Countervailing Duty Administrative Review,'' (June 
7, 2017); see also Notice of Clarification: Application of ``Next 
Business Day'' Rule for Administrative Determination Deadlines 
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 
2005).
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Scope of the Order

    The merchandise covered by this 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. The 
product is currently classified under the Harmonized Tariff Schedule of 
the United States (HTSUS) item numbers 8501.61.0000, 8507.20.80, 
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 order is dispositive. A full 
description of the scope of the order is contained in the Issues and 
Decision Memorandum, which is hereby adopted by this notice.\6\
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    \6\ See Department Memorandum to James Maeder, Senior Director, 
Performing the Duties of Deputy Assistant Secretary for Antidumping 
and Countervailing Duty Operations, ``Decision Memorandum for Final 
Results and Partial Rescission of Countervailing Duty Administrative 
Review: Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China; 2014,'' 
dated concurrently with this notice (Issues and Decision 
Memorandum).
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Corrections to the Preliminary Results

    The Federal Register notice for the Preliminary Results incorrectly 
listed the case number for this review as ``C-570-971,'' instead of 
under the correct case number ``C-570-980.'' \7\ Accordingly, we now 
correct the Preliminary Results of this administrative review to be 
referenced under case number ``C-570-980.'' In addition, the 
Preliminary Results inadvertently referenced a non-selected company 
under review as ``Toenergy Technology,'' rather than its legal name, 
``Toenergy Technology Hangzhou Co., Ltd.'' \8\ We hereby correct the 
Preliminary Results to reference ``Toenergy Technology Hangzhou Co., 
Ltd,'' as a non-selected company under review.
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    \7\ See Preliminary Results.
    \8\ Id.
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Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum accompanying this notice. A list of 
the issues raised by interested parties and to which we responded in 
the Issues and Decision Memorandum is provided in Appendix I 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 
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 access directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on case briefs, rebuttal briefs, and all supporting 
documentation, we made changes from the Preliminary Results. The 
Department has modified its creditworthiness findings for both 
mandatory respondents to find that the respondents were creditworthy 
during certain years. Additionally, the Department has adjusted 
Canadian Solar's inland freight charges when constructing the 
benchmarks for its purchases regarding the provision of inputs for LTAR 
programs and its discount rates for the Preferential Policy Lending 
program. We also adjusted the discount rates for both respondents based 
on our final determination that both mandatory respondents were 
creditworthy in certain years.

Partial Rescission of Review

    We are rescinding this administrative review for 20 companies named 
in the Initiation Notice.\9\ In the Preliminary Results, we made a 
preliminary determination to rescind the review of companies for which 
all review requests were timely withdrawn.\10\ We received no comments 
with regard to this preliminary determination, and are accordingly 
rescinding the review for these companies in accordance with 19 CFR 
351.212(d)(1). With respect to JA Solar Technology Yangzhou Co., Ltd.; 
JingAo Solar Co., Ltd.; and Shanghai JA Solar Technology Co., Ltd. 
(collectively, the JA Solar Companies), the Preliminary Results stated 
that we preliminarily intended to rescind the review for these 
companies because they timely withdrew their request for review and no 
other party requested a review for these companies.\11\ This was 
incorrect, as petitioners also requested a review of the JA Solar 
Companies.\12\ However, we also noted that the JA Solar Companies 
reported that they made no exports or sales of subject merchandise to 
the United States during the POR.\13\ We received no comments regarding 
whether to rescind the review of the JA Solar Companies or on what 
basis the review should be rescinded. As a result, we are rescinding 
the review with respect to the JA Solar Companies pursuant to 19 CFR 
351.213(d)(3).
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    \9\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 6832 (February 9, 2016) (Initiation 
Notice).
    \10\ See Preliminary Results.
    \11\ Id.
    \12\ See Letter to the Secretary from the petitioner, 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, from the People's Republic of China: Request for 
Administrative Review,'' (December 31, 2015).
    \13\ See Department Memorandum, ``Decision Memorandum for the 
Preliminary Results of the Administrative Review of the 
Countervailing Duty Order on Crystalline Silicon Photovoltaic Cells, 
Whether or Not Assembled Into Modules, from the People's Republic of 
China; 2014,'' dated concurrently with and adopted by the 
Preliminary Results (PDM) at 2-3.
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    All companies for which we are rescinding this administrative 
review are listed in Appendix II to this notice. For these companies, 
countervailing duties shall be assessed at rates equal to the rates of 
the cash deposits for estimated countervailing duties required at the 
time of entry, or withdrawal from

[[Page 32680]]

warehouse, for consumption, during the POR, in accordance with 19 CFR 
351.212(c)(2).

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found to be countervailable, we find that there 
is a subsidy, i.e., a financial contribution from a government or 
public entity that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\14\ For a full description of the methodology 
underlying all of the Department's conclusions, including any 
determination that relied upon the use of adverse facts available 
pursuant to sections 776(a) and (b) of the Act, see the Issues and 
Decision Memorandum.
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    \14\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Final Results of Administrative Review

    In accordance with 19 CFR 351.221(b)(5), we calculated a 
countervailable subsidy rate for the two mandatory respondents, 
Canadian Solar and Trina Solar. For the non-selected companies subject 
to this review,\15\ we followed the Department's practice, which is to 
base the subsidy rates on an average of the subsidy rates calculated 
for those companies selected for individual review, excluding de 
minimis rates or rates based entirely on adverse facts available.\16\ 
In this case, for the non-selected companies, we have calculated a rate 
by weight-averaging the calculated subsidy rates of the two mandatory 
respondents using their publicly-ranged sales data for exports of 
subject merchandise to the United States during the POR. We find the 
countervailable subsidy rates for the producers/exporters under review 
to be as follows:
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    \15\ See Appendix III.
    \16\ See, e.g., Certain Pasta from Italy: Preliminary Results of 
the 13th (2008) Countervailing Duty Administrative Review, 75 FR 
18806, 18811 (April 13, 2010), unchanged in Certain Pasta from 
Italy: Final Results of the 13th (2008) Countervailing Duty 
Administrative Review, 75 FR 37386 (June 29, 2010).
    \17\ See Preliminary Results at the section, ``Preliminary 
Results of Review.'' Cross-owned affiliates are: Canadian Solar 
Inc.; Canadian Solar Manufacturing (Luoyang) Inc.; CSI Cells Co., 
Ltd.; CSI Solar Power (China) Inc.; CSI Solartronics (Changshu) Co., 
Ltd.; CSI Solar Technologies Inc.; and CSI Solar Manufacture Inc.
    \18\ Id. Cross-owned affiliates are: Trina Solar Limited; Trina 
Solar (Changzhou) Science & Technology Co., Ltd.; Yancheng Trina 
Solar Energy Technology Co., Ltd.; Changzhou Trina Solar Yabang 
Energy Co., Ltd.; Hubei Trina Solar Energy Co., Ltd.; Turpan Trina 
Solar Energy Co., Ltd.; and Changzhou Trina PV Ribbon Materials Co., 
Ltd.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Canadian Solar Manufacturing (Changshu) and its Cross-             18.30
 Owned Affiliates \17\..................................
Changzhou Trina Solar Energy Co., Ltd. and its Cross-              17.14
 Owned Affiliates \18\..................................
BYD (Shangluo) Industrial Co., Ltd......................           17.53
Chint Solar (Zhejiang) Co., Ltd.........................           17.53
ET Solar Energy Limited.................................           17.53
ET Solar Industry Limited...............................           17.53
Hangzhou Sunny Energy Science and Technology Co., Ltd...           17.53
Jiawei Solarchina Co., Ltd..............................           17.53
Jiawei Solarchina (Shenzhen) Co., Ltd...................           17.53
Lightway Green New Energy Co., Ltd......................           17.53
Luoyang Suntech Power Co., Ltd..........................           17.53
Ningbo Qixin Solar Electrical Appliance Co., Ltd........           17.53
Shanghai BYD Co., Ltd...................................           17.53
Shenzhen Topray Solar Co. Ltd...........................           17.53
Systemes Versilis, Inc..................................           17.53
Taizhou BD Trade Co., Ltd...............................           17.53
tenKsolar (Shanghai) Co., Ltd...........................           17.53
Toenergy Technology Hangzhou Co., Ltd...................           17.53
Wuxi Suntech Power Co., Ltd.............................           17.53
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Disclosure

    We will disclose to the parties in this proceeding the calculations 
performed for these final results within five days of the date of 
publication of this notice in the Federal Register.\19\
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    \19\ See 19 CFR 351.224(b).
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Assessment Rates

    Consistent with 19 CFR 351.212(b)(2), we intend to issue assessment 
instructions to U.S. Customs and Border Protection (CBP) 15 days after 
the date of publication of these final results of review, to liquidate 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption, on or after January 1, 2014, through December 31, 
2014, at the ad valorem rates listed above.

Cash Deposit Instructions

    In accordance with section 751(a)(1) of the Act, we intend to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown for each of the respective companies listed 
above. These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable 
violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 10, 2017.
Carole Showers,
Executive Director, Office of Policy, performing the duties of the 
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

Summary

[[Page 32681]]

Background
List of Comments from Interested Parties
Scope of the Order
Correction to the Preliminary Results
Changes Since the Preliminary Results
Partial Rescission of Administrative Review
Non-Selected Companies Under Review
Subsidies Valuation Information
    Allocation Period
    Attribution of Subsidies
    Denominators
    Creditworthiness
    Benchmarks and Discount Rates
Use of Facts Otherwise Available and Adverse Inferences
Programs Determined To Be Countervailable
Programs Determined To Be not Countervailable During the POR
Programs Determined Not To Be Used or Not To Confer Measurable 
Benefits
Analysis of Comments
    Comment 1: Usage of Export Buyer's Credit Program
    Comment 2: Selection of the Adverse Facts Available (AFA) Rate 
for Export Buyer's Credit Program
    Comment 3: Whether the Aluminum Extrusions for Less Than 
Adequate Remuneration (LTAR) Program Is Specific
    Comment 4: Aluminum Extrusions Benchmark
    Comment 5: Solar Glass Benchmark
    Comment 6: Polysilicon Benchmark
    Comment 7: Ocean Freight Benchmark
    Comment 8: Inland Freight Benchmarks
    Comment 9: Inclusion of Value Added Tax (VAT) in LTAR Benchmarks
    Comment 10: Electricity for LTAR
    Comment 11: Creditworthiness
    Comment 12: Whether the Department Should Adjust the Benefit 
Calculation for the Preferential Policy Lending Program
    Comment 13: Canadian Solar's Benefit From the Golden Sun 
Demonstration Program
    Comment 14: Whether the Export Credit Insurance Program is 
Countervailable
    Comment 15: Clerical Errors in the Preliminary Results
Recommendation
Appendix--Non-Selected Companies Under Review

Appendix II

List of Companies for Which We are Rescinding This Administrative 
Review \20\
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    \20\ See Issues and Decision Memorandum at the section, 
``Partial Rescission of Administrative Review.''
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1. Baoding Jiasheng Photovoltaic Technology Co. Ltd.
2. Baoding Tianwei Yingli New Energy Resources Co., Ltd.
3. Beijing Tianneng Yingli New Energy Resources Co. Ltd.
4. ERA Solar Co. Limited
5. Hainan Yingli New Energy Resources Co., Ltd.
6. Hengshui Yingli New Energy Resources Co., Ltd.
7. JA Solar Technology Yangzhou Co., Ltd.
8. JingAo Solar Co., Ltd.
9. Jinko Solar Co., Ltd.
10. Jinko Solar Import and Export Co., Ltd.
11. JinkoSolar International Limited
12. JinkoSolar (U.S.) Inc.
13. Lixian Yingli New Energy Resources Co., Ltd.
14. Shanghai JA Solar Technology Co., Ltd.
15. Tianjin Yingli New Energy Resources Co., Ltd.
16. Yingli Energy (China) Co., Ltd.
17. Yingli Green Energy Holding Company Limited
18. Yingli Green Energy International Trading Company Limited
19. Zhejiang Jinko Solar Co., Ltd.
20. Zhejiang Sunflower Light Energy Science & Technology Liability 
Company

Appendix III

List of Non-Selected Companies Under Review

1. BYD (Shangluo) Industrial Co., Ltd.
2. Chint Solar (Zhejiang) Co., Ltd.
3. ET Solar Energy Limited
4. ET Solar Industry Limited
5. Hangzhou Sunny Energy Science and Technology Co., Ltd.
6. Jiawei Solarchina Co., Ltd.
7. Jiawei Solarchina (Shenzhen) Co., Ltd.
8. Lightway Green New Energy Co., Ltd.
9. Luoyang Suntech Power Co., Ltd.
10. Ningbo Qixin Solar Electrical Appliance Co., Ltd.
11. Shanghai BYD Co., Ltd.
12. Shenzhen Topray Solar Co. Ltd.
13. Systemes Versilis, Inc.
14. Taizhou BD Trade Co., Ltd.
15. tenKsolar (Shanghai) Co., Ltd.
16. Toenergy Technology Hangzhou Co., Ltd.
17. Wuxi Suntech Power Co., Ltd.

[FR Doc. 2017-14957 Filed 7-14-17; 8:45 am]
 BILLING CODE 3510-DS-P