[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