[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]
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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; 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.
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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; 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.
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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\
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\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.
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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, 8541.40.6015, 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.
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\5\ For a complete description of the scope of the order, see
Issues and Decision Memorandum.
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[[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.
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\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).
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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.
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\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.
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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\
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\10\ See Memorandum ``Calculation of the Final Dumping Margin
for Separate Rate Recipients,'' dated concurrently with this notice.
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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]]
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Weighted-
average
Exporter dumping
margin
(percent)
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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..........................................
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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\
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\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).
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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\
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\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).
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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), 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\
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\16\ 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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[[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.
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\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).
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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