[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Notices]
[Pages 35616-35619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16072]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-979]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review and Final Determination of No 
Shipments; 2015-2016

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

SUMMARY: The Department of Commerce (Commerce) continues to find that 
manufacturers/exporters of crystalline silicon photovoltaic cells, 
whether or not assembled into modules (solar cells) sold solar products 
at less than normal value during the period of review (POR), December 
1, 2015, through November 30, 2016.

DATES: Applicable July 27, 2018.

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen and Krisha Hill, AD/CVD

[[Page 35617]]

Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-2769 and (202) 482-4037.

SUPPLEMENTARY INFORMATION: 

Background

    On January 9, 2018, Commerce published in the Federal Register the 
preliminary results of the 2015-2016 administrative review of the 
antidumping duty order on solar cells from the People's Republic of 
China (China).\1\ For events subsequent to the Preliminary Results, see 
Commerce's Issues and Decision Memorandum.\2\ The final weighted-
average dumping margins are listed below in the ``Final Results of 
Review'' section of this notice.
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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 Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2015-2016, 83 FR 1018 
(January 9, 2018) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2015-2016 Antidumping Duty Administrative 
Review of Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, From the People's Republic of China,'' 
(Issues and Decision Memorandum), dated concurrently with this 
notice.
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    Commerce has exercised its discretion to toll deadlines for the 
duration of the closure of the Federal Government from January 20 
through 22, 2018.\3\ On May 8, 2018, in accordance with section 
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce 
extended the deadline for issuing the final results by 60 days,\4\ 
postponing the final results until July 11, 2018.
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    \3\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018 (Tolling Memorandum). 
All deadlines in this segment of the proceeding have been extended 
by three days.
    \4\ See Memorandum, ``2015-2016 Antidumping Duty Administrative 
Review of Certain Crystalline Silicon Photovoltaic Cells, Whether or 
Not Assembled into Modules, from the People's Republic of China: 
Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated May 8, 2018.
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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.\5\ 
Merchandise covered by this order is currently classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) under 
subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 
8501.31.8000. Although these HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of this order is dispositive.
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    \5\ 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.

Affiliation and Single Entity Determination

    We preliminarily found that Changzhou Trina Solar Energy Co., Ltd./
Trina Solar (Changzhou) Science and Technology Co., Ltd./Yancheng Trina 
Solar Energy Technology Co., Ltd./Changzhou Trina Solar Yabang Energy 
Co., Ltd./Turpan Trina Solar Energy Co., Ltd./Hubei Trina Solar Energy 
Co., Ltd. are affiliated with Trina Solar (Hefei) Science and 
Technology Co., Ltd., pursuant to section 771(33)(F) of the Act and 
that all of these companies should be treated as a single entity, i.e., 
Trina Solar (Hefei) Science and Technology Co., Ltd. (Trina), pursuant 
to 19 CFR 351.401(f)(1)-(2).\6\ No interested party has disputed this 
treatment, and so these findings remain unchanged for these final 
results.
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    \6\ See Preliminary Results and accompanying PDM at 6.
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Changes Since the Preliminary Results \7\
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    \7\ See Issues and Decision Memorandum at comments 2 and 10.
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    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 margin for the mandatory respondent Trina.

Final Determination of No Shipments

    In the Preliminary Results, we found that the following eight 
companies had no shipments during the POR: De-Tech Trading Limited HK, 
Dongguan Sunworth Solar Energy Co., Ltd., Jiawei Solarchina Co., Ltd., 
Ningbo ETDZ Holdings, Ltd., Shenzhen Sungold Solar Co., Ltd., Taizhou 
BD Trade Co., Ltd., Toenergy Technology Hangzhou Co., Ltd., and Wuxi 
Tianran Photovoltaic Co., Ltd.\8\ We did not receive comments from 
interested parties regarding our preliminary finding on no shipments. 
Consistent with Commerce's assessment practice in non-market economy 
cases, we completed the review with respect to the above-named 
companies. Based on the certifications submitted by the aforementioned 
companies, and our analysis of Customs and Border Protection (CBP) 
information,\9\ we continue to determine that these companies did not 
have any reviewable transactions during the POR. As noted in the 
``Assessment'' section below, Commerce will issue appropriate 
instructions with respect to these companies to CBP based on our Final 
Results.\10\ In addition, these companies will maintain their rate from 
the most recent segment in which they participated.
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    \8\ See Preliminary Results, 83 FR 1018.
    \9\ See PDM at 4-5.
    \10\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment of 
Antidumping Duties); see also the ``Assessment'' section of this 
notice, below.
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Separate Rates

    In the Preliminary Results, we found that evidence provided by 
Trina and 21 other companies/company groups supported finding an 
absence of both de jure and de facto government control, and, 
therefore, we preliminarily granted a separate rate to each of these 
companies/company groups.\11\ We received no information since the 
issuance of the Preliminary Results that provides a basis for 
reconsidering these determinations with respect to the separate rate 
status of these 22 companies/company groups. Therefore, for the final 
results, we continue to find that these entities are eligible for 
separate rates.
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    \11\ See Preliminary Results, 83 FR 1018; see also PDM at 11-12.

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[[Page 35618]]

Final Results of Review

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

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
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Changzhou Trina Solar Energy Co., Ltd./Trina Solar                 15.85
 (Changzhou) Science and Technology Co., Ltd./Yancheng
 Trina Solar Energy Technology Co., Ltd./Changzhou Trina
 Solar Yabang Energy Co., Ltd./Turpan Trina Solar Energy
 Co., Ltd./Hubei Trina Solar Energy Co., Ltd./Trina
 Solar (Hefei) Science and Technology Co., Ltd..........
Anji DaSol Solar Energy Science & Technology Co., Ltd...           15.85
Chint Solar (Zhejiang) Co., Ltd.........................           15.85
ET Solar Energy Limited.................................           15.85
Hangzhou Sunny Energy Science and Technology Co., Ltd...           15.85
Hengdian Group DMEGC Magnetics Co. Ltd..................           15.85
JA Solar Technology Yangzhou Co., Ltd...................           15.85
Jiawei Solarchina (Shenzhen) Co., Ltd...................           15.85
JingAo Solar Co., Ltd...................................           15.85
LERRI Solar Technology Co., Ltd. (aka LONGi Solar                  15.85
 Technology Co. Ltd.)...................................
Lightway Green New Energy Co., Ltd......................           15.85
Ningbo Qixin Solar Electrical Appliance Co., Ltd........           15.85
Risen Energy Co., Ltd...................................           15.85
Shanghai JA Solar Technology Co., Ltd...................           15.85
Shenzhen Topray Solar Co., Ltd..........................           15.85
Sumec Hardware & Tools Co., Ltd.........................           15.85
Sunpreme Jiaxing Ltd....................................           15.85
tenKsolar (Shanghai) Co., Ltd...........................           15.85
Wuxi Suntech Power Co., Ltd/Luoyang Suntech Power Co.,             15.85
 Ltd....................................................
Yingli Energy (China) Company Limited/Baoding Tianwei              15.85
 Yingli New Energy Resources Co., Ltd./Tianjin Yingli
 New Energy Resources Co., Ltd./Hengshui Yingli New
 Energy Resources Co., Ltd./Lixian Yingli New Energy
 Resources Co., Ltd./Baoding Jiasheng Photovoltaic
 Technology Co., Ltd./Beijing Tianneng Yingli New Energy
 Resources Co., Ltd./Hainan Yingli New Energy Resources
 Co., Ltd...............................................
Zhejiang ERA Solar Technology Co., Ltd..................           15.85
Zhejiang Sunflower Light Energy Science & Technology               15.85
 Limited Liability Company..............................
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    Commerce's change in policy regarding conditional review of the 
China-wide entity applies to this administrative review.\12\ Under this 
policy, the China-wide entity will not be under review unless a party 
specifically requests, or Commerce self-initiates, a review of the 
entity. Because no party requested a review of the China-wide entity, 
we did not conduct a review of the China-wide entity. Thus, the 
weighted-average dumping margin for the China-wide entity (i.e., 238.95 
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 Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2014-2015, 82 FR 29033 (June 27, 
2017).
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Assessment

    Commerce will determine, and CBP shall assess, antidumping duties 
on all appropriate entries covered by this review. Commerce 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 subject to this review. For any 
individually examined respondent whose weighted-average dumping margin 
is above de minimis (i.e., 0.50 percent), Commerce will calculate 
importer- (or customer-)specific assessment rates for merchandise 
subject to this review. Where the respondent reported reliable entered 
values, Commerce 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 
Commerce 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, Commerce 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, 
Commerce 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, Commerce 
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), Commerce 
will instruct CBP to liquidate such entries at the

[[Page 35619]]

China-wide rate. Additionally, if Commerce 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 China-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 the Final Results of this administrative review for 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date of 
this notice in the Federal Register, as provided by section 
751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash 
deposit rate will be the rate listed for each exporter in the table in 
the ``Final Results of Review'' section of this notice, except if the 
rate is zero or de minimis (i.e., less than 0.5 percent), then the cash 
deposit rate will be zero; (2) for previously investigated Chinese and 
non-Chinese exporters that received a separate rate in a prior segment 
of this proceeding, the cash deposit rate will continue to be the 
existing exporter-specific rate; (3) for all Chinese exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate, the cash deposit rate will be the rate previously 
established for the PRC-wide entity (i.e., 238.95 percent); and (4) for 
all non-China exporters of subject merchandise which have not received 
their own rate, the cash deposit rate will be the rate applicable to 
the Chinese exporter that supplied the non-Chinese 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 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 Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (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 determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: July 11, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
    Comment 1. Whether Commerce Should Apply Partial Adverse Facts 
Available to Trina's Unreported Factors of Production for Purchased 
Solar Cells
    Comment 2. Ministerial Error Allegations
    Comment 3. Whether Commerce Should Adjust the U.S. Price for 
``USDUTYU'' Expenses
    Comment 4. Whether Commerce Should Include Trina's Sale to a 
Salvage Company in the Margin Calculation
    Comment 5. Whether Commerce Should Adjust U.S. Price for the 
Export Buyer's Credits Program
    Comment 6. Zero-Quantity Import Data
    Comment 7. Surrogate Value for Aluminum Frames
    Comment 8. Surrogate Value for International Freight
    Comment 9. Surrogate Value for Nitrogen
    Comment 10. Selection of Surrogate Financial Statements
    Comment 11. Surrogate Value for Labor
    Comment 12. Separate Rate Status for LONGi Solar Technology Co. 
Ltd.
    Comment 13. Differential Pricing
Recommendation

[FR Doc. 2018-16072 Filed 7-26-18; 8:45 am]
 BILLING CODE 3510-DS-P