[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Notices]
[Page 51513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21150]
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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: Notice of Correction
to the Final Results of the 2016-2017 Antidumping Duty Administrative
Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is correcting its notice
of the final results of the fifth administrative review of the
antidumping duty (AD) order on crystalline silicon photovoltaic cells,
whether or not assembled into modules (solar cells), from the People's
Republic of China (China). The period of review (POR) is December 1,
2016 through November 30, 2017.
DATES: Applicable September 30, 2019.
FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, AD/CVD Operations,
Office IV, Enforcement & Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-2769.
SUPPLEMENTARY INFORMATION: On July 30, 2019, Commerce published the
final results of the 2016-2017 administrative review of the AD order on
solar cells from China in the Federal Register.\1\ In the Final
Results, we incorrectly included Wuxi Suntech Power Co., Ltd/Luoyang
Suntech Power Co., Ltd. (Wuxi Suntech) in the list of companies we were
continuing to find had made no shipments of subject merchandise to the
United States during the POR. However, in the Preliminary Results we
stated the following:
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\1\ 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; 2016-2017, 84 FR 36886 (July 30,
2019) (Final Results).
We found that Wuxi Suntech Power Co., Ltd/Luoyang Suntech Power
Co., Ltd. . . . , which claimed no exports, sales or entries of
subject merchandise during the POR did, in fact, sell subject
merchandise to the United States during the POR. {This company did
not file{time} a separate rate application or certification and
thus they have not established their entitlement to a separate rate
in this review.\2\
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\2\ 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,
67223 (December 28, 2018) (Preliminary Results).
We based this preliminary finding on record evidence that Wuxi
Suntech sold subject merchandise to the United States during the
POR.\3\ We provided Wuxi Suntech an opportunity to discuss the evidence
at the time that we placed it on the record,\4\ and also provided Wuxi
Suntech with an opportunity to submit a case brief concerning our
Preliminary Results. Wuxi Suntech did not comment on the evidence or
submit a case brief. Thus, there was no basis, and Commerce did not
intend, to change our preliminary decision with respect to Wuxi
Suntech's Power Co., Ltd/Luoyang Suntech Power Co., Ltd.'s no shipment
claim or our preliminary finding that this company was not eligible for
a separate rate. Hence, we erred when we included Wuxi Suntech Power
Co., Ltd/Luoyang Suntech Power Co., Ltd. in the list of companies that
we found did not ship subject merchandise to the United States during
the POR. Therefore, we are correcting the Final Results by clarifying
that we have adopted our Preliminary Results with respect to Wuxi
Suntech Power Co., Ltd/Luoyang Suntech Power Co., Ltd. in the Final
Results. Specifically, we are continuing to find that Wuxi Suntech
Power Co., Ltd/Luoyang Suntech Power Co., Ltd. did in fact have
shipments of subject merchandise to the United States during the POR
and that Wuxi Suntech Power Co., Ltd/Luoyang Suntech Power Co., Ltd. is
not eligible for separate rate status, and thus is part of the China-
wide entity. As we noted in the Final Results, the China-wide entity
rate is 238.95 percent.\5\
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\3\ Id.
\4\ See Memorandum, ``Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the People's Republic of
China: Release of U.S. Customs and Border Protection Information
Relating to No Shipment Claims Made in the 2016-2017 Administrative
Review of Crystalline Silicon Photovoltaic Cells from the People's
Republic of China,'' dated September 10, 2018; see also Memorandum,
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, from the People's Republic of China: Information
Concerning September 7, 2018 Memorandum,'' dated October 23, 2018.
\5\ See Final Results, 84 FR at 36888.
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This correction to the final results and notice are issued and
published in accordance with sections 751(a) and 777(i) of the Tariff
Act of 1930, as amended.
Dated: September 20, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-21150 Filed 9-27-19; 8:45 am]
BILLING CODE 3510-DS-P