[Federal Register Volume 84, Number 205 (Wednesday, October 23, 2019)]
[Notices]
[Pages 56765-56767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23063]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-011]


Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China: Final Results of Countervailing Duty 
Administrative Review; 2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that 
exporters and/or producers subject to the administrative review of 
certain crystalline silicon photovoltaic products (solar products) from 
the People's Republic of China (China) received countervailable 
subsidies during the January 1, 2017 through December 31, 2017 period 
of review.

DATES: Applicable October 23, 2019.

[[Page 56766]]


FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3586.

SUPPLEMENTARY INFORMATION: 

Background

    On April 16, 2019, Commerce published the Preliminary Results of 
this administrative review, and invited interested parties to comment 
on the Preliminary Results.\1\ On May 16, 2019, Changzhou Trina Solar 
Energy Co., Ltd. and Trina Solar (Changzhou) Science and Technology 
Co., Ltd. (collectively, Trina Solar), a company subject to this 
administrative review but not selected for individual examination, 
timely submitted comments on the Preliminary Results and requested a 
hearing.\2\ On May 21, 2019, SolarWorld Americas, Inc. (the petitioner 
in the underlying countervailing duty investigation), filed timely 
rebuttal comments.\3\ On July 31, 2019, Commerce extended the deadline 
for these final results until October 10, 2019.\4\ On August 28, 2019, 
Commerce permitted interested parties to supplement their case and 
rebuttal briefs to address a claim of no shipments submitted by Trina 
Solar,\5\ for which Commerce received comments from Trina Solar on 
September 9, 2019.\6\ On September 16, 2019, Commerce received rebuttal 
comments on this issue from domestic interested party SunPower 
Manufacturing Oregon LLC.\7\ On September 19, 2019, Trina Solar 
withdrew its request for a hearing.\8\ For a detailed history of the 
events that occurred since the publication of the Preliminary Results, 
see the Issues and Decision Memorandum.\9\
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    \1\ See Certain Crystalline Silicon Photovoltaic Products from 
the People's Republic of China: Preliminary Results of 
Countervailing Duty Administrative Review, and Rescission of Review 
in Part; 2017, 84 FR 15585 (April 16, 2019) (Preliminary Results) 
and accompanying Preliminary Decision Memorandum.
    \2\ See Trina Solar's Letter, ``Certain Crystalline Silicon 
Photovoltaic Products from China: Request for a Hearing and Case 
Brief,'' dated May 16, 2019.
    \3\ See Petitioner's Letter, ``Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: SolarWorld America's 
Rebuttal Brief,'' dated May 21, 2019.
    \4\ See Memorandum, ``Certain Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: Extension of Deadline 
for Final Results of Countervailing Duty Administrative Review,'' 
dated July 31, 2019.
    \5\ See Memorandum, ``Administrative Review of the 
Countervailing Duty Order on Certain Crystalline Silicon 
Photovoltaic Products from the People's Republic of China; U.S. 
Customs and Border Protection Entry Summary Information: Changzhou 
Trina Solar Energy Co., Ltd.,'' dated August 28, 2019.
    \6\ See Trina Solar's Letter, Certain Crystalline Silicon 
Photovoltaic Products from China: Supplemental Case Brief,'' dated 
September 9, 2019.
    \7\ See SunPower's Letter, ``Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: Supplemental Rebuttal 
Brief,'' dated September 16, 2019.
    \8\ See Trina Solar's Letter, ``Certain Crystalline Silicon 
Photovoltaic Products from China: Withdrawal of Request for a 
Hearing,'' dated September 19, 2019.
    \9\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Countervailing Duty Administrative Review: Certain 
Crystalline Silicon Photovoltaic Products from the People's Republic 
of China; 2017,'' which is dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order

    The merchandise covered by this order are 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. For purposes of this order, subject 
merchandise includes modules, laminates and/or panels assembled in 
China consisting of crystalline silicon photovoltaic cells produced in 
a customs territory other than China. For a complete description of the 
scope of this administrative review, see the Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised by interested parties in their case and rebuttal 
briefs, and Commerce's analysis thereof, are addressed in the Issues 
and Decision Memorandum. These issues are identified in the 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 System 
(ACCESS). ACCESS is available to registered users at https://access.trade.gov, and is available 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 at http://enforcement.trade.gov/frn/. The signed Issues and 
Decision Memorandum and its electronic version are identical in 
content.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). 
For each of the subsidy programs found to be countervailable, Commerce 
finds that there is a subsidy (i.e., a financial contribution from an 
authority that gives rise to a benefit to the recipient), and that the 
subsidy is specific.\10\ Commerce notes that in making these findings, 
it relied on total facts available and, because Commerce finds that the 
mandatory respondents did not act to the best of their ability to 
respond to Commerce's request for information, Commerce continues to 
find all programs in this review countervailable.\11\
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    \10\ See section 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
    \11\ See sections 776(a) and (b) of the Act; see also 
Preliminary Decision Memorandum.
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Changes From the Preliminary Results

    Based on the comments received from interested parties, Commerce 
made no changes to the net subsidy rates calculated for the companies 
subject to this administrative review.

Final Results of Administrative Review

    The statute and Commerce's regulations do not directly address the 
establishment of rates to be applied to companies not selected for 
individual examination where Commerce limits its examination in an 
administrative review pursuant to section 777A(e)(2) of the Act. 
Commerce normally determines the rates for non-selected companies in 
administrative reviews in a manner that is consistent with section 
705(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in an investigation. Section 705(c)(5)(A)(ii) of the 
Act provides that, if the countervailable subsidy rates established for 
all individually-examined exporters/producers are de minimis or based 
entirely on adverse facts available under section 776 of the Act, 
Commerce may use any reasonable method to establish a subsidy rate for 
exporters/producers that were not individually-examined, including 
averaging the weighted-average countervailable subsidy rates determined 
for the individually-examined exporters and producers.
    In this review, the countervailable subsidy rates calculated for 
the three mandatory respondents (i.e., Risen Energy Co., Ltd.; Shenzhen 
Sungold Solar Co., Ltd.; and Sol-Lite Manufacturing Co., Ltd.) are 
based entirely on facts available pursuant to section 776 of the 
Act.\12\ As a result, Commerce is using ``any reasonable method'' to 
establish the subsidy rate for the non-selected companies under review. 
Commerce finds that it is

[[Page 56767]]

reasonable to rely on the rates established for the three mandatory 
respondents as the rate for the non-selected companies under review, 
particularly because there is no other information on the record that 
can be used to determine the rate for the non-selected companies. This 
method is consistent with Commerce's past practice.\13\ Commerce finds 
the countervailable subsidy rates for the producers/exporters under 
review to be as follows:
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    \12\ See Preliminary Results and accompanying Preliminary 
Decision Memorandum.
    \13\ See, e.g., Circular Welded Carbon-Quality Steel Pipe from 
Pakistan: Preliminary Affirmative Countervailing Duty Determination 
and Alignment of Final Countervailing Duty Determination with Final 
Antidumping Duty Determination, 81 FR 20619 (April 8, 2016), 
unchanged in Circular Welded Carbon-Quality Steel Pipe from 
Pakistan: Final Affirmative Countervailing Duty Determination, 81 FR 
75045 (October 28, 2016) (assigning the sole mandatory respondent's 
rate, which was based on adverse facts available, as the all-others 
rate), and Circular Welded Carbon-Quality Steel Pipe from India: 
Preliminary Affirmative Countervailing Duty Determination and 
Alignment of Final Countervailing Duty Determination with Final 
Antidumping Duty Determination, 77 FR 19192 (March 30, 2012), 
unchanged in Circular Welded Carbon-Quality Steel Pipe from India: 
Final Affirmative Countervailing Duty Determination, 77 FR 64468 
(October 22, 2012) (assigning the average of the mandatory 
respondents' rates, which were based solely on adverse facts 
available, as the all-others rate).

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Changzhou Trina Solar Energy Co., Ltd...................           94.83
Chint Solar (Zhejiang) Co., Ltd.........................           94.83
Hefei JA Solar Technology Co., Ltd......................           94.83
Risen Energy Co., Ltd...................................           94.83
Ri Shen Products (SZ) Ltd...............................           94.83
Shanghai JA Solar Technology Co., Ltd...................           94.83
Shenzhen Sungold Solar Co., Ltd.........................           94.83
Sunny Apex Development Limited..........................           94.83
Sol-Lite Manufacturing Co., Ltd.........................           94.83
Trina Solar (Changzhou) Science & Technology Co., Ltd...           94.83
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Disclosure

    All calculations in these final results are based on publicly-
available information and are described in their entirety in the 
Preliminary Decision Memorandum.\14\ As such, the publication of this 
notice constitutes disclosure of the calculations performed in 
connection with these final results to interested parties.\15\
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    \14\ See Preliminary Determination Memorandum at Appendix I, 
``AFA Rate Calculation.''
    \15\ In accordance with 19 CFR 351.224(b), Commerce is normally 
required to disclose calculations performed in connection with the 
final results of a review within five days of its public 
announcement or, if there is no public announcement of, within five 
days after the date of publication of the final results of review.
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Assessment Rates

    Consistent with 19 CFR 351.212(b)(2), Commerce intends to issue 
assessment instructions to U.S. Customs and Border Protection (CBP) 15 
days after the date of publication of these final results of review, to 
liquidate shipments of subject merchandise produced and/or exported by 
the companies listed above, entered, or withdrawn from warehouse, for 
consumption on or after January 1, 2017 through December 31, 2017, at 
the ad valorem rates listed above.

Cash Deposit Instructions

    In accordance with section 751(a)(1) of the Act, Commerce intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown for each of the respective companies listed 
above. These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to APO of 
their responsibility concerning the destruction of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). 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 of an APO is a 
sanctionable violation.

Notification to Interested Parties

    Commerce is issuing and publishing these final results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: October 10, 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. Subsidy Rate for the Non-Selected Companies Under Review
V. Discussion of the Issue: Whether To Rescind This Review for Trina 
Solar
VI. Recommendation

[FR Doc. 2019-23063 Filed 10-22-19; 8:45 am]
 BILLING CODE 3510-DS-P