[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