[Federal Register Volume 84, Number 58 (Tuesday, March 26, 2019)]
[Notices]
[Pages 11284-11285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05426]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-853]
Certain Crystalline Silicon Photovoltaic Products From Taiwan:
Initiation of Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is initiating a changed
circumstances review to determine if United Renewable Energy Co., Ltd.
(URE) is the successor-in-interest to Neo Solar Power Corporation
(NSP), Gintech Energy Corporation (Gintech), and Solartech Energy
Corporation (Solartech) in the context of the antidumping duty order on
certain crystalline silicon photovoltaic products (solar products) from
Taiwan.
DATES: Applicable March 26, 2019.
FOR FURTHER INFORMATION CONTACT: Robert Galantucci, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: 202-482-2923.
SUPPLEMENTARY INFORMATION:
Background
On February 18, 2015, Commerce published in the Federal Register an
antidumping duty order on solar products from Taiwan.\1\ On February 1,
2019, URE requested that, pursuant to section 751(b)(1) of the Tariff
Act of 1930, as amended (the Act) and 19 CFR 351.216(b), Commerce
conduct an expedited changed circumstances review of the Order to
determine that URE is the successor-in-interest to NSP, Gintech and
Solartech, and accordingly, to assign URE the cash deposit rate
assigned to the three predecessor companies in the second
administrative review.\2\
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\1\ See Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Antidumping Duty Order, 80 FR 8596 (February 18, 2015)
(Order).
\2\ See Letter, ``Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Request for Changed Circumstances Review and
Successor-in-Interest Determination,'' dated February 1, 2019 (CCR
Request) at 2; see also Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Final Results of Antidumping Duty
Administrative Review; 2016-2017, 83 FR 30401 (June 28, 2018) (AR2
Final Results).
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Scope of the Order
The merchandise covered by this Order is crystalline silicon
photovoltaic cells, and modules, laminates and/or
[[Page 11285]]
panels consisting of crystalline silicon photovoltaic cells, whether or
not partially or fully assembled into other products, including
building integrated materials. For a complete description of the scope
of the Order, see the appendix to this notice.
Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Act, Commerce will conduct a
changed circumstances review upon receipt of information concerning, or
a request from, an interested party for a review of an antidumping duty
order which shows changed circumstances sufficient to warrant a review
of the order. In its request for a changed circumstances review, URE
provided information indicating that URE was formed through a merger
between NSP, Gintech and Solartech.\3\ This corporate restructuring
constitutes changed circumstances warranting a review of the Order.\4\
Therefore, in accordance with section 751(b)(1) of the Act and 19 CFR
351.216(d), we are initiating a changed circumstances review based upon
the information contained in URE's submission.
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\3\ See CCR Request.
\4\ See 19 CFR 351.216(d).
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In making a successor-in-interest determination, Commerce examines
several factors, including, but not limited to, changes in the
following: (1) Management; (2) production facilities; (3) supplier
relationships; and (4) customer base.\5\ While no single factor or
combination of factors will necessarily be dispositive in the
successor-in-interest determination, generally, Commerce will consider
the new company to be the successor to the previous company if the new
company's resulting operation is not materially dissimilar to that of
its predecessor.\6\ Thus, if the record evidence demonstrates that,
with respect to the production and sale of the subject merchandise, the
new company operates as the same business entity as the predecessor
company, Commerce may assign the new company the cash deposit rate of
its predecessor.\7\
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\5\ See, e.g., Certain Frozen Warmwater Shrimp from India:
Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review, 81 FR 75376 (October 31, 2016) (Shrimp from
India Preliminary Results), unchanged in Certain Frozen Warmwater
Shrimp from India: Notice of Final Results of Antidumping Duty
Changed Circumstances Review, 81 FR 90774 (December 15, 2016)
(Shrimp from India Final Results).
\6\ See, e.g., Shrimp from India Preliminary Results, 81 FR at
75377, unchanged in Shrimp from India Final Results, 81 FR at 90774.
\7\ See, e.g., Certain Circular Welded Carbon Steel Pipes and
Tubes from Taiwan: Initiation of Antidumping Duty Changed
Circumstances Review, 70 FR 17063, 17064 (April 4, 2005); Fresh and
Chilled Atlantic Salmon from Norway; Final Results of Changed
Circumstances Antidumping Duty Administrative Review, 64 FR 9979,
9980 (March 1, 1999).
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URE has provided sufficient evidence to warrant a review to
determine whether URE is the successor-in-interest to NSP, Gintech and
Solartech for the purposes of the Order. Commerce intends to publish in
the Federal Register a notice of preliminary results of the antidumping
duty changed circumstances review, in accordance with 19 CFR
351.221(b)(4) and 351.221(c)(3)(i), which will set forth Commerce's
preliminary factual and legal conclusions. Commerce will issue its
final results of the review in accordance with the time limits set
forth in 19 CFR 351.216(e).
We are issuing this notice in accordance with sections 751(b)(1)
and 777(i)(1) of the Act and 19 CFR 351.216 and 351.221(b)(l).
Dated: March 18, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
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.
Subject merchandise includes crystalline silicon photovoltaic
cells of thickness equal to or greater than 20 micrometers, having a
p/n junction formed by any means, whether or not the cell has
undergone other processing, including, but not limited to, cleaning,
etching, coating, and/or addition of materials (including, but not
limited to, metallization and conductor patterns) to collect and
forward the electricity that is generated by the cell.
Modules, laminates, and panels produced in a third-country from
cells produced in Taiwan are covered by this order. However,
modules, laminates, and panels produced in Taiwan from cells
produced in a third-country are not covered by this order.
Excluded from the scope of this order are thin film photovoltaic
products produced from amorphous silicon (a-Si), cadmium telluride
(CdTe), or copper indium gallium selenide (CIGS). Also excluded from
the scope of this order are crystalline silicon photovoltaic cells,
not exceeding 10,000 mm\2\ in surface area, that are permanently
integrated into a consumer good whose function is other than power
generation and that consumes the electricity generated by the
integrated crystalline silicon photovoltaic cells. Where more than
one cell is permanently integrated into a consumer good, the surface
area for purposes of this exclusion shall be the total combined
surface area of all cells that are integrated into the consumer
good.
Further, also excluded from the scope of this order are any
products covered by the existing antidumping and countervailing duty
orders on crystalline silicon photovoltaic cells, whether or not
assembled into modules, from the People's Republic of China
(China).\8\ Also excluded from the scope of this order are modules,
laminates, and panels produced in China from crystalline silicon
photovoltaic cells produced in Taiwan that are covered by an
existing proceeding on such modules, laminates, and panels from
China.
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\8\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China: Amended
Final Determination of Sales at Less Than Fair Value, and
Antidumping Duty Order, 77 FR 73018 (December 7, 2012); Crystalline
Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules,
from the People's Republic of China: Countervailing Duty Order, 77
FR 73017 (December 7, 2012).
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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.
[FR Doc. 2019-05426 Filed 3-25-19; 8:45 am]
BILLING CODE 3510-DS-P