[Federal Register Volume 84, Number 155 (Monday, August 12, 2019)]
[Notices]
[Pages 39802-39804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17196]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-853]
Certain Crystalline Silicon Photovoltaic Products From Taiwan:
Final Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) 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.
DATES: Applicable August 12, 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 published the preliminary results of this administrative
review on April 15, 2019.\1\ This review covers 31 producers/exporters
of subject merchandise, including two mandatory respondents, Motech
Industries Inc., and Sino-American Silicon Products Inc., Solartech
Energy Corp. and Sunshine PV Corporation (SAS-SEC). We invited
interested parties to comment on the Preliminary Results. On May 15,
2019, Commerce received a
[[Page 39803]]
case brief from SAS-SEC.\2\ No party filed a rebuttal brief.
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\1\ See Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Preliminary Results of Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2017-2018, 84
FR 15179 (April 15, 2019) (Preliminary Results).
\2\ See ``Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Case Brief,'' dated May 15, 2019.
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Commerce conducted this administrative review in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).
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.\3\ 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, 8541.40.6015, 8541.40.6020, 8541.40.6025, 8541.40.6030,
8541.40.6035, and 8501.31.8000.\4\ These HTSUS subheadings are provided
for convenience and customs purposes; the written description of the
scope is dispositive.
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\3\ For a complete description of the scope of the products
under review, See Memorandum, ``Antidumping Duty Administrative
Review of Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Issues and Decision Memorandum for the Final Results; 2017-
2018'' (Issues and Decision Memorandum), dated concurrently with and
herby adopted by this notice.
\4\ On August 7, 2018, Commerce added the following HTSUS
numbers to the ACE Case Reference File to reflect 2018 HTSUS updates
at the request of U.S. Customs and Border Protection (CBP):
8541.40.6015, 8541.40.6035. On November 7, 2018, Commerce added the
following HTSUS numbers to the ACE Case Reference File to reflect
2018 HTSUS updates at the request of CBP: 8541.40.6025.
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Analysis of Comments Received
All issues raised in the sole case brief filed in this
administrative review are addressed in the Issues and Decision
Memorandum. A list of the topics discussed in the Issues and Decision
Memorandum is appended to this notice. The Issues and Decision
Memorandum is a public document and is available electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Services System (ACCESS). ACCESS is available to
registered users at http://access.trade.gov, and it is available to all
parties in the Central Records Unit of the main Commerce Building, Room
B-8024. In addition, a complete version of the Issues and Decision
Memorandum is also accessible on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision
Memorandum and the electronic versions of the Issues and Decision
Memorandum are identical in content.
Final Determination of No Shipments
In the Preliminary Results, Commerce preliminarily determined that
thirteen companies had no shipments during the POR.\5\ Following
publication of the Preliminary Results, we received no comments from
interested parties regarding these companies. As a result, and because
the record contains no evidence to the contrary, we continue to find
that these thirteen companies made no shipments during the POR.
Consistent with our practice, we will issue appropriate instructions to
CBP based on our final results.
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\5\ See Preliminary Results, 84 FR at 15180; see also
certifications of no shipments filed by: (1) AU Optronics
Corporation; and (2) Inventec Energy Corporation, dated May 7, 2018,
and certifications of no shipments filed by: (3) Vina Solar
Technology Co., Ltd; (4) Baoding Jiasheng Photovoltaic Technology
Co., Ltd.; (5) Baoding Tianwei Yingli New Energy Resources Co.,
Ltd.; (6) Beijing Tianneng Yingli New Energy Resources Co., Ltd.;
(7) Hainan Yingli New Energy Resources Co., Ltd.; (8) Hengshui
Yingli New Energy Resources Co., Ltd.; (9) Lixian Yingli New Energy
Resources Co., Ltd.; (10) Shenzhen Yingli New Energy Resources Co.,
Ltd.; (11) Tianjin Yingli New Energy Resources Co., Ltd.; (12)
Yingli Energy (China) Co., Ltd.; and (13) Yingli Green Energy
International Trading Company Limited, dated May 16, 2018.
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Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, Commerce has made
no changes to the Preliminary Results.
Final Results of Review
As a result of this administrative review, we are assigning the
following weighted-average dumping margins to the manufacturers/
exporters listed below for the period of February 1, 2017, through
January 31, 2018:
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\6\ 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 determined to collapse Sino-American
Silicon Products Inc. and Solartech Energy Corp. with Sunshine PV
Corporation. See Preliminary Results, 84 FR at 15182.
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Weighted-
average
Manufacturer/exporter margin
(percent)
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Motech Industries, Inc...................................... 7.77
Sino-American Silicon Products Inc., and Solartech Energy 1.00
Corp., and Sunshine PV Corporation \6\.....................
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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Assessment Rates
Pursuant to section 751(a)(2)(A) the Act and 19 CFR 351.212(b)(1),
Commerce shall determine, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review.
We intend to calculate importer- (or customer-) specific assessment
rates on the basis of the ratio of the total amount of antidumping
duties calculated for each importer's (or customer's) examined sales
and the total entered value of the sales in accordance with 19 CFR
351.212(b)(1). Where an importer- (or customer-) specific rate is zero
or de minimis within the meaning of 19 CFR 351.106(c)(1), we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
For the companies which were not selected for individual review, we
will assign an assessment rate based on the average of the cash deposit
rates calculated for Motech Industries, Inc. and SAS-SEC. 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.\7\
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\7\ See section 751(a)(2)(C) of the Act.
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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 such entries at
the all-others rate if there is no rate for the intermediate company or
companies involved in the transaction.
We intend to issue liquidation instructions to CBP 15 days after
[[Page 39804]]
publication of the final results of this administrative review.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of these final
results, as provided by section 751(a)(2)(C) of the Act: (1) The cash
deposit rate for the companies under review will be equal to the
weighted-average dumping margin listed above in the ``Final Results of
Review'' section; (2) for merchandise exported by producers or
exporters not covered in this review but covered in a previously
completed segment of this proceeding, the cash deposit rate will
continue to be the company-specific rate published in the final results
for the most recent period in which that producer or exporter
participated; (3) if the exporter is not a firm covered in this review
or in any previous segment of this proceeding, but the producer is,
then the cash deposit rate will be that established for the producer of
the merchandise in these final results of review or in the final
results for the most recent period in which that producer participated;
and (4) if neither the exporter nor the producer is a firm covered in
this review or in any previously completed segment of this proceeding,
then the cash deposit rate will be 19.50 percent ad valorem, the all-
others rate established in the less than fair value investigation.\8\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\8\ See Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Final Determination of Sales at Less Than Fair Value, 79 FR
76966 (December 23, 2014).
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Notification to Importers
This notice serves as a final 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 doubled
antidumping duties.
Notification Regarding Administrative Protective Order
This notice is the only reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), 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
the terms of an APO is a violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results and this notice
in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h).
Dated: August 5, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Comment
Comment: Rate Applicable to Sunrise Global Solar Energy
V. Recommendation
[FR Doc. 2019-17196 Filed 8-9-19; 8:45 am]
BILLING CODE 3510-DS-P