[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Notices]
[Pages 36886-36889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16159]


-----------------------------------------------------------------------

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; 2016-2017

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), from the People's 
Republic of China (China) sold solar cells at less than normal value 
during the period of review (POR) December 1, 2016 through November 30, 
2017.

DATES: Applicable July 30, 2019.

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen and Krisha Hill, 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) 482-2769 and (202) 482-4037, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 28, 2018, Commerce published in the Federal Register 
the preliminary results of the 2016-2017 administrative review of the 
antidumping duty order on solar cells from the 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.
---------------------------------------------------------------------------

    \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; 2016-2017, 83 FR 67222 
(December 28, 2018) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2016-2017 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, and 
hereby adopted by, this notice.
---------------------------------------------------------------------------

    On January 28, 2019, Commerce exercised its discretion to toll all 
deadlines affected by the closure of the Federal Government from 
December 22, 2018 through January 27, 2019.\3\ Subsequently, Commerce 
extended the deadline for the final results of this review until July 
24, 2019.\4\
---------------------------------------------------------------------------

    \3\ See Memorandum to the Record from 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, ``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.
    \4\ See Memoranda, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated May 23, 2019; and 
``Second Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated July 11, 2019.
---------------------------------------------------------------------------

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, 8541.40.6015, 8541.40.6020, 
8541.40.6025, 8541.40.6030, 8541.40.6035, 8541.40.6045, 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.
---------------------------------------------------------------------------

    \5\ For a complete description of the scope of the order, see 
Issues and Decision Memorandum.

---------------------------------------------------------------------------

[[Page 36887]]

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. 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 
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 Chint Energy (Haining) Co., Ltd.; Chint 
Solar (Jiuquan) Co., Ltd.; and Chint Solar (Hong Kong) Company Limited 
are affiliated with Chint Solar (Zhejiang) Co., Ltd. (CSZ) 
(collectively, Chint Solar), pursuant to section 771(33)(E) of the 
Tariff Act of 1930, as amended (the Act), and that all of these 
companies should be treated as a single entity, pursuant to 19 CFR 
351.401(f)(1)-(2). We also found that Risen (Wuhai) New Energy Co., 
Ltd.; Zhejiang Twinsel Electronic Technology Co., Ltd.; Risen (Luoyang) 
New Energy Co., Ltd.; Jiujiang Shengchao Xinye Technology Co., Ltd.; 
Jiujiang Shengzhao Xinye Trade Co., Ltd. Ruichang Branch; and Risen 
Energy (Hong Kong) Co., Ltd. are affiliated with Risen Energy Co., Ltd. 
(Risen Energy) (collectively, Risen), pursuant to sections 771(33)(E) 
and (F) of the Act, and all of these companies should be treated as a 
single entity, pursuant to 19 CFR 351.401(f)(1)-(2). No interested 
party commented on these treatments, and these findings remain 
unchanged for these final results.

Changes Since the Preliminary Results

    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 respondents, Chint Solar and Risen, 
which also resulted in a revision of the dumping margin for the 
separate rate respondents.
    In the Preliminary Results, we inadvertently stated that Lightway 
Green New Energy Co., Ltd. (Lightway) failed to file a separate rate 
certification. However, Lightway did timely file a separate rate 
certification on March 26, 2018.\6\ Lightway's separate rate 
certification was complete and we noted no deficiencies. Further, the 
evidence placed on the record of this administrative review by this 
Chinese-owned company demonstrates an absence of de jure and de facto 
government control under the criteria identified in Sparklers \7\ and 
Silicon Carbide.\8\ Accordingly, Commerce has determined that Lightway 
is eligible for a separate rate.
---------------------------------------------------------------------------

    \6\ See Lightway's March 26, 2018 Separate Rate Certification.
    \7\ See Final Determination of Sales at Less Than Fair Value: 
Sparklers from the People's Republic of China, 56 FR 20588 (May 6, 
1991) (Sparklers).
    \8\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Silicon Carbide from the People's Republic of China, 59 FR 
22585 (May 2, 1994) (Silicon Carbide).
---------------------------------------------------------------------------

Final Determination of No Shipments

    In the Preliminary Results, we preliminarily found that the 
following companies had no shipments during the POR: Anji DaSol Solar 
Energy Science & Technology Co., Ltd.; BYD (Shangluo) Industrial Co., 
Ltd.; Jiawei Solarchina Co., Ltd.; LERRI Solar Technology Co., Ltd.; 
Ningbo ETDZ Holdings, Ltd.; Sunpreme Solar Technology (Jiaxing) Co., 
Ltd.; Toenergy Technology Hangzhou Co., Ltd.; Wuxi Suntech Power Co., 
Ltd/Luoyang Suntech Power Co., Ltd.; and Zhejiang ERA Solar Technology 
Co., Ltd. Other than a comment regarding no shipments submitted by 
LONGi Solar Technology Co. Ltd. (LONGi), we did not receive any 
comments from interested parties regarding our preliminary finding of 
no shipments from the above companies. Based on LONGi's comment, and in 
the absence of record evidence demonstrating otherwise, we are now 
determining that LONGi also had no shipments during the POR.
    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 U.S. Customs and Border Protection (CBP) 
information, we continue to determine that these companies did not have 
any reviewable transactions during the POR. As noted in the 
``Assessment'' section below, we will issue appropriate instructions 
with respect to these companies to CBP based on our final results.\9\ 
In addition, these companies will maintain their rate from the most 
recent segment in which they participated.
---------------------------------------------------------------------------

    \9\ 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.
---------------------------------------------------------------------------

Separate Rates

    In the Preliminary Results, we found that evidence provided by 
Chint Solar, Risen, and 20 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. We received no comments since the 
issuance of the Preliminary Results regarding our determination that 
these 22 companies/company groups are eligible for a separate rate. As 
explained above, in addition to these 22 companies, we have also 
granted a separate rate to Lightway. Therefore, for the final results, 
we find that 23 entities are eligible for separate rates. Commerce 
assigned a dumping margin to the separate rate companies that it did 
not individually examine, but which demonstrated their eligibility for 
a separate rate, based on the mandatory respondents' dumping 
margins.\10\
---------------------------------------------------------------------------

    \10\ See Memorandum ``Calculation of the Final Dumping Margin 
for Separate Rate Recipients,'' dated concurrently with this notice.
---------------------------------------------------------------------------

Final Results of Review

    We determine that the following weighted-average dumping margins 
exist for the period December 1, 2016 through November 30, 2017:

[[Page 36888]]



------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Chint Solar (Zhejiang) Co., Ltd./Chint Energy (Haining) Co.,        2.67
 Ltd./Chint Solar (Jiuquan) Co., Ltd./Chint Solar (Hong
 Kong) Company Limited......................................
Risen Energy Co. Ltd./Risen (Wuhai) New Energy Co., Ltd./           4.79
 Zhejiang Twinsel Electronic Technology Co., Ltd./Risen
 (Luoyang) New Energy Co., Ltd./Jiujiang Shengchao Xinye
 Technology Co., Ltd./Jiujiang Shengzhao Xinye Trade Co.,
 Ltd. Ruichang Branch/RISEN ENERGY (HONGKONG) CO., LTD......
Canadian Solar International Limited/Canadian Solar                 4.06
 Manufacturing (Changshu), Inc./Canadian Solar Manufacturing
 (Luoyang)Inc./CSI Cells Co., Ltd./CSI-GCL Solar
 Manufacturing (YanCheng) Co., Ltd./CSI Solar Power (China)
 Inc........................................................
ET Solar Energy Limited.....................................        4.06
Hengdian Group DMEGC Magnetics Co., Ltd.....................        4.06
JA Solar Technology Yangzhou Co., Ltd.......................        4.06
Jiangsu High Hope Int'l Group...............................        4.06
Jiawei Solarchina (Shenzhen) Co., Ltd.......................        4.06
JingAo Solar Co., Ltd.......................................        4.06
Jinko Solar Import and Export Co., Ltd......................        4.06
Lightway Green New Energy Co., Ltd..........................        4.06
Nice Sun PV Co., Ltd........................................        4.06
Ningbo Qixin Solar Electrical Appliance Co., Ltd............        4.06
Shanghai BYD Co., Ltd.......................................        4.06
Shanghai JA Solar Technology Co., Ltd.......................        4.06
Shenzhen Sungold Solar Co., Ltd.............................        4.06
Shenzhen Topray Solar Co., Ltd..............................        4.06
Sumec Hardware & Tools Co., Ltd.............................        4.06
Taizhou BD Trade Co., Ltd...................................        4.06
Wuxi Tianran Photovoltaic Co., Ltd..........................        4.06
Xiamen Eco-sources Technology Co., Ltd......................        4.06
Yingli Energy (China) Company Limited/Baoding Tianwei Yingli        4.06
 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./Shenzhen Yingli New
 Energy Resources Co., Ltd..................................
Zhejiang Sunflower Light Energy Science & Technology Limited        4.06
 Liability Company..........................................
------------------------------------------------------------------------

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\11\ 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, 
and we did not self-initiate a review of the entity, the entity is not 
under review, and the entity's dumping margin (i.e., 238.95 percent) is 
not subject to change as a result of this review.\12\
---------------------------------------------------------------------------

    \11\ 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).
    \12\ 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; 2015-2016, 83 FR 35616 (July 27, 
2018).
---------------------------------------------------------------------------

Assessment

    We will determine, and CBP shall assess, antidumping duties on all 
appropriate entries covered by this review. We intend 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), we will calculate importer- or customer-specific 
assessment rates for merchandise subject to this review. Where the 
respondent reported reliable entered values, we 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.\13\ Where we 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, we will direct CBP to 
assess importer- or customer-specific assessment rates based on the 
resulting per-unit rates.\14\ Where an importer- or customer- specific 
ad valorem or per-unit rate is greater than de minimis, we 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, we will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\15\
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.212(b)(1).
    \14\ Id.
    \15\ 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).
---------------------------------------------------------------------------

    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), we will 
instruct CBP to liquidate such entries at the China-wide rate. 
Additionally, if we determine 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.\16\
---------------------------------------------------------------------------

    \16\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.

---------------------------------------------------------------------------

[[Page 36889]]

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 in the table in 
the ``Final Results of Review'' section above, the cash deposit rate 
will be the rate listed for each exporter in the table, 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 China-wide entity (i.e., 238.95 percent); \17\ 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.
---------------------------------------------------------------------------

    \17\ 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; 2012-2013, 80 FR 40998 (July 14, 
2015).
---------------------------------------------------------------------------

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

    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.

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.

Notification to Interested Parties

    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 24, 2019.
Jeffrey I. Kessler
Assistant Secretary for Enforcement and Compliance.

Appendix

Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1. Unreported Factors of Production for Purchased Solar 
Cells and Modules
    Comment 2. Export Buyer's Credit Program
    Comment 3. Weights of Chint Solar Inputs
    Comment 4. Ministerial Error--Chint Solar
    Comment 5. Treatment of Warranties Provided by Chint Solar
    Comment 6. Treatment of Reported Data by Risen's Cooperative 
Unaffiliated Suppliers
    Comment 7. Treatment of LERRI/LONGi
    Comment 8. Surrogate Value for Aluminum Frames--I
    Comment 9. Surrogate Value for Aluminum Frames--II
    Comment 10. Surrogate Value for Silver Paste
    Comment 11. Surrogate Value for Welding Wire
    Comment 12. Surrogate Value for Backsheet
    Comment 13. Surrogate Value for Nitrogen
    Comment 14. Selection of Surrogate Financial Statements
    Comment 15. Selection of Surrogate Labor Data Source
    Comment 16. Surrogate Value for Ocean Freight
V. Recommendation

[FR Doc. 2019-16159 Filed 7-29-19; 8:45 am]
 BILLING CODE 3510-DS-P