[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Notices]
[Pages 15179-15182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07428]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-853]
Certain Crystalline Silicon Photovoltaic Products From Taiwan:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers and/or exporters subject to this administrative review
made sales of subject merchandise at less than normal value (NV) during
the period of review (POR), February 1, 2017, through January 31, 2018.
Interested parties are invited to comment on these preliminary results
of review.
DATES: Applicable April 15, 2019.
FOR FURTHER INFORMATION CONTACT: Thomas Martin or Maisha Cryor, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; (202) 482-3936 or (202) 482-5831, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty (AD) order on certain crystalline silicon photovoltaic products
(solar products) from Taiwan, in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act). On April 16, 2018, based on
timely requests for review, Commerce published a notice initiating an
AD administrative review of solar products from Taiwan covering 31
companies for the POR.\1\ On October 16, 2018, Commerce partially
extended the preliminary results of this administrative review by 90
days until January 29, 2019. However, Commerce exercised its discretion
to toll all deadlines affected by the partial federal government
closure from December 22, 2018, through the resumption of operations on
January 28, 2019, resulting in a revised deadline of March 11, 2019.\2\
On February 28, 2019, Commerce fully extended the preliminary results
of this administrative review by an additional 30 days until April 9,
2019.\3\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 16298 (April 16, 2018) (Initiation
Notice).
\2\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019. All deadlines
in this segment of the proceeding have been extended by 40 days.
\3\ See Memorandum, ``Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Extension of Deadline for Preliminary Results
of Antidumping Duty Administrative Review,'' dated February 28,
2019.
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Export price is calculated in accordance with section 772 of the
Act. NV is calculated in accordance with section 773 of the Act. For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum. A list of topics included in the
Preliminary Decision Memorandum is included as an Appendix to this
notice. The Preliminary 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).
[[Page 15180]]
ACCESS is available to registered users at http://access.trade.gov and
in the Central Records Unit, Room B8024 of the main Commerce building.
In addition, a complete version of the Preliminary Decision Memorandum
can be accessed directly at http://enforcement.trade.gov/frn/. The
signed Preliminary Decision Memorandum and the electronic version of
the Preliminary Decision Memorandum are identical in content.
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.\4\ Merchandise covered by this order is currently classified
in the Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 8501.61.0000, 8507.20.8030, 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 is dispositive.
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\4\ For a complete description of the scope of the products
under review, see Memorandum ``Decision Memorandum for Preliminary
Results of the 2017-2018 Antidumping Duty Administrative Review of
Certain Crystalline Silicon Photovoltaic Products from Taiwan,''
dated concurrently with, and hereby adopted by this notice
(Preliminary Decision Memorandum).
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Preliminary Determination of No Shipments
Thirteen of the companies under review properly filed a statement
that they made no shipments of subject merchandise to the United States
during the POR.\5\ Based on their certification and our analysis of
U.S. Customs and Border Protection (CBP) information, we preliminarily
determine that these thirteen companies had no reviewable transactions
during the POR. Consistent with our practice, we are not preliminarily
rescinding the review with respect to these thirteen companies, but,
rather, we will complete the review for these companies and issue
appropriate instructions to CBP based on the final results of this
review.\6\ For additional information regarding this determination, see
the Preliminary Decision Memorandum.
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\5\ See certifications of no shipments filed by AU Optronics
Corporation and Inventec Energy Corporation, dated May 7, 2018, and
certifications of no shipments filed by Vina Solar Technology Co.,
Ltd, Baoding Jiasheng Photovoltaic Technology Co., Ltd., Baoding
Tianwei Yingli New Energy Resources Co., Ltd., Beijing Tianneng
Yingli New Energy Resources Co., Ltd., Hainan Yingli New Energy
Resources Co., Ltd., Hengshui Yingli New Energy Resources Co., Ltd.,
Lixian Yingli New Energy Resources Co., Ltd., Shenzhen Yingli New
Energy Resources Co., Ltd., Tianjin Yingli New Energy Resources Co.,
Ltd., Yingli Energy (China) Co., Ltd., and Yingli Green Energy
International Trading Company Limited, dated May 16, 2018.
\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and
the ``Assessment Rates'' section, below. See also Certain Frozen
Warmwater Shrimp from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of Review,
Preliminary Determination of No Shipments; 2012-2013, 79 FR 15951,
15952 (March 24, 2014), unchanged in Certain Frozen Warmwater Shrimp
from Thailand: Final Results of Antidumping Duty Administrative
Review, Final Determination of No Shipments, and Partial Rescission
of Review; 2012-2013, 79 FR 51306, 51307 (August 28, 2014).
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Preliminary Results of the Review
As a result of this review, we calculated a weighted-average
dumping margin of 7.77 percent for Motech and 1.00 percent for SAS-SEC
\7\ for the period February 1, 2017, through January 31, 2018. We
assigned 4.39 percent, the weighted-average of the weighted-average
dumping margins of the mandatory respondents using public-ranged sales
values, to the sixteen non-selected companies in these preliminary
results, as referenced below.\8\
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\7\ Commerce has preliminarily determined to collapse, and treat
as a single entity, affiliates Sino-American Silicon Products Inc.,
Solartech Energy Corp. and Sunshine PV Corporation. For our analysis
of the collapsing criteria, see Memorandum, ``Whether to Collapse
the Sino-American Silicon Products Inc. and Solartech Energy
Corporation entity with Sunshine PV Corporation in the 2017-2018
Antidumping Duty Administrative Review of Certain Crystalline
Silicon Photovoltaic Products from Taiwan, dated April 9, 2019,''
dated concurrently with this notice.
\8\ See Preliminary Decision Memorandum at 5. This rate is based
on the weighted-average of the margins calculated for those
companies selected for individual review using the publicly-ranged
U.S. quantities. Because we cannot apply our normal methodology of
calculating a weighted-average margin due to requests to protect
business proprietary information, we find this rate to be the best
proxy of the actual weighted-average margin determined for the
mandatory respondents. See Ball Bearings and Parts Thereof from
France, et al.: Final Results of Antidumping Duty Administrative
Reviews, Final Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663 (September 1,
2010); see also Memorandum, ``Calculation of the Review-Specific
Average Rate for the Preliminary Results,'' dated concurrently with
this notice.
\9\ In the 2014-2016 administrative review of the order,
Commerce collapsed Sino-American Silicon Products Inc. and Solartech
Energy Corp., and treated the companies as a single entity for
purposes of the proceeding. See Certain Crystalline Silicon
Photovoltaic Products from Taiwan: Final Results of Antidumping Duty
Administrative Review; 2014-2016, 82 FR 31555 (July 7, 2017).
Because there were no changes to the facts which supported that
decision since that determination was made, we continue to find that
these companies are part of a single entity for this administrative
review. Additionally, we have preliminarily determined to collapse
Sino-American Silicon Products Inc. and Solartech Energy Corp. with
Sunshine PV Corporation.
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Weighted-average
Manufacturer/exporter margin (percent)
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Motech Industries, Inc.............................. 7.77
Sino-American Silicon Products Inc., Solartech 1.00
Energy Corp. and Sunshine PV Corporation \9\.......
Boviet Solar Technology Co., Ltd.................... 4.39
Canadian Solar Inc.................................. 4.39
Canadian Solar International, Ltd................... 4.39
Canadian Solar Manufacturing (Changshu), Inc........ 4.39
Canadian Solar Manufacturing (Luoyang), Inc......... 4.39
Canadian Solar Solutions Inc........................ 4.39
EEPV CORP........................................... 4.39
E-TON Solar Tech. Co., Ltd.......................... 4.39
Gintech Energy Corporation.......................... 4.39
Inventec Solar Energy Corporation................... 4.39
Kyocera Mexicana S.A. de C.V........................ 4.39
Lof Solar Corp...................................... 4.39
Sunengine Corporation Ltd........................... 4.39
Sunrise Global Solar Energy......................... 4.39
TSEC Corporation.................................... 4.39
Win Win Precision Technology Co., Ltd............... 4.39
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[[Page 15181]]
Assessment Rates
Upon completion of the administrative review, Commerce shall
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 date of publication of the final
results of this review.
For any individually examined respondents whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent), we will
calculate importer-specific ad valorem duty assessment rates based on
the ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).\10\ For entries of subject
merchandise during the POR produced by each respondent for which it did
not know its merchandise was destined for the United States, we will
instruct CBP to liquidate un-reviewed entries at the all-others rate if
there is no rate for the intermediate company involved in the
transaction.\11\ We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review
is above de minimis. Where either the respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
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\10\ In these preliminary results, Commerce applied the
assessment rate calculation methodology adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
\11\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of solar products from Taiwan entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies
under review will be the rate established in the final results of this
review (except, if the rate is zero or de minimis, no cash deposit will
be required); (2) for merchandise exported by manufacturers or
exporters not covered in this review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding in which the manufacturer or exporter participated; (3) if
the exporter is not a firm covered in this review, a prior review, or
the less-than-fair-value investigation, but the manufacturer is, the
cash deposit rate will be the rate established for the most recently
completed segment of the proceeding for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 19.50 percent ad valorem, the all-
others rate established in the less-than-fair-value investigation.\12\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\12\ See Certain Crystalline Silicon Photovoltaic Products:
Final Determination of Sales at Less Than Fair Value, 79 FR 76966
(December 23, 2014).
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Disclosure and Public Comment
Commerce intends to disclose the calculations used in our analysis
to interested parties in this review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties are invited to comment on the preliminary results of
this review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties
may submit case briefs no later than 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later than five days after the time
limit for filing case briefs.\13\ Parties who submit case briefs or
rebuttal briefs in this proceeding are requested to submit with each
brief: (1) A statement of the issue, (2) a brief summary of the
argument, and (3) a table of authorities.\14\ Executive summaries
should be limited to five pages total, including footnotes.\15\ Case
and rebuttal briefs should be filed using ACCESS.\16\
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\13\ See 19 CFR 351.309(d)(1).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
\15\ Id.
\16\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of the publication of this notice in the Federal
Register. If a hearing is requested, Commerce will notify interested
parties of the hearing schedule. Interested parties who wish to request
a hearing, or to participate if one is requested, must submit a written
request to the Assistant Secretary for Enforcement and Compliance,
filed electronically via ACCESS within 30 days after the date of
publication of this notice. Requests should contain: (1) The party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of the issues to be discussed. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.
We intend to issue the final results of this administrative review,
including the results of our analysis of issues raised by the parties
in the written comments, within 120 days of publication of these
preliminary results in the Federal Register, unless otherwise
extended.\17\
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\17\ See section 751(a)(3)(A) of the Act.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act.
[[Page 15182]]
Dated: April 8, 2019.
Gary Taverman,
Deputy Assistance Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Companies Not Selected for Individual Examination
VI. Preliminary Determination of No Shipments
VII. Discussion of the Methodology
VIII. Recommendation
[FR Doc. 2019-07428 Filed 4-12-19; 8:45 am]
BILLING CODE 3510-DS-P