[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Notices]
[Pages 70943-70946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27804]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-853]


Certain Crystalline Silicon Photovoltaic Products From Taiwan: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that producers/exporters subject to this review made sales of subject 
merchandise below normal value in the United States during the period 
of review (POR) February 1, 2018 through January 31, 2019. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable December 26, 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 is conducting an administrative review of the antidumping 
duty (AD) order on certain crystalline silicon photovoltaic products 
(solar products) from Taiwan,\1\ covering 36 respondents.\2\ For a 
complete

[[Page 70944]]

description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\3\ A list of topics included 
in the Preliminary Decision Memorandum is included as an appendix to 
this notice.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 18777 (May 2, 2019) (Initiation 
Notice).
    \2\ The Initiation Notice listed 40 companies in this 
administrative review, however: (1) Commerce collapsed Sino-American 
Silicon Products Inc. and Solartech Energy Corp. in the 2014-2016 
administrative review of the order (see Certain Crystalline Silicon 
Photovoltaic Products from Taiwan: Final Results of Antidumping Duty 
Administrative Review; 2014-2016, 82 FR 31555 (July 7, 2017)); (2) 
Commerce listed ``EEPV CORP.'' and ``EEPV Corp.'' which refer to the 
same company; (3) Canadian Solar International, Ltd. and Canadian 
Solar International Limited refer to the same company; and (4) 
Canadian Solar Solution Inc. is an erroneous spelling of Canadian 
Solar Solutions Inc. Regarding Canadian Solar International Limited 
and Canadian Solar Solutions Inc., see Canadian Solar et al.'s 
Letter, ``Crystalline Silicon Photovoltaic Products from Taiwan, 
Case No. A-583-853: No Shipment Letter.'' dated May 31, 2019 
(Canadian Solar No Shipments Letter) at n.1.
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Certain 
Crystalline Silicon Photovoltaic Products from Taiwan, 2018-2019,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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    On October 30, 2019, we extended the preliminary results of this 
review to no later than December 5, 2019.\4\ On December 5, 2019, we 
extended the preliminary results of this review to no later than 
December 17, 2019.\5\
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    \4\ See Memorandum, ``Certain Crystalline Silicon Photovoltaic 
Products from Taiwan: Extension of Time Limit for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated October 
30, 2019.
    \5\ See Memorandum, ``Certain Crystalline Silicon Photovoltaic 
Products from Taiwan: Extension of Time Limit for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated December 
5, 2019.
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Scope of the Order 6
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    \6\ For the full text of the scope of the order, see the 
Preliminary Decision Memorandum.
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    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. 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, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS 
subheadings are provided for convenience and customs purposes; the 
written description of the scope is dispositive.

Preliminary Determination of No Shipments

    Seven of the companies under review properly filed a statement that 
they made no shipments of subject merchandise to the United States 
during the POR.\7\ Based on their certifications and our analysis of 
U.S. Customs and Border Protection (CBP) information, we preliminarily 
determine that these seven companies had no reviewable transactions 
during the POR. Consistent with our practice, we are not preliminarily 
rescinding the review with respect to these seven companies. Rather, we 
will complete the review for these companies and issue appropriate 
instructions to CBP based on the final results of this review.\8\ For 
additional information regarding this determination, see the 
Preliminary Decision Memorandum.
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    \7\ See certifications of no shipments filed by AU Optronics 
Corporation, Canadian Solar Inc., Canadian Solar International 
Limited, Canadian Solar Manufacturing (Changshu), Inc., Canadian 
Solar Manufacturing (Luoyang), Inc. and Vina Solar Technology Co., 
Ltd., dated May 31, 2019. Regarding Motech Industries Ltd. See 
Motech Industries Ltd.'s Letter, ``Certain Crystalline Silicon 
Photovoltaic Products from Taiwan: Response to May 20, 2019 
Questionnaire,'' dated June 17, 2019.
    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and 
the ``Assessment Rates'' section, infra; see also Certain Frozen 
Warmwater Shrimp from Thailand; Preliminary Results of Antidumping 
Duty Administrative Review, Partial Rescission of Review, 
Preliminary Determination of No Shipments; 2012-2013, 79 FR 15951, 
15952 (March 24, 2014), unchanged in Certain Frozen Warmwater Shrimp 
from Thailand: Final Results of Antidumping Duty Administrative 
Review, Final Determination of No Shipments, and Partial Rescission 
of Review; 2012-2013, 79 FR 51306, 51307 (August 28, 2014).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1) and (2) of Tariff Act of 1930, as amended (the Act). Export 
price and constructed export price were calculated in accordance with 
section 772 of the Act. Normal value is calculated in accordance with 
section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
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 is available to all 
parties in the Central Records Unit, Room B8024 of the main Commerce 
building. In addition, the complete Preliminary Decision Memorandum can 
be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the 
electronic version of the Preliminary Decision Memorandum are identical 
in content.

Preliminary Results of the Review

    We preliminarily determine the following weighted-average dumping 
margins exist for the POR:

------------------------------------------------------------------------
                                                           Estimated
                                                        weighted-average
                  Exporter/producer                      dumping margin
                                                           (percent)
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Sino-American Silicon Products Inc., Solartech Energy               2.57
 Corp. and Sunshine PV Corporation \9\...............
Baoding Jiasheng Photovoltaic Technology Co. Ltd.....               2.57
Baoding Tianwei Yingli New Energy Resources Co., Ltd.               2.57
Beijing Tianneng Yingli New Energy Resources Co. Ltd.               2.57
Boviet Solar Technology Co., Ltd.....................               2.57
Canadian Solar Solutions Inc.........................               2.57
EEPV Corp............................................               2.57
E-TON Solar Tech. Co., Ltd...........................               2.57
Gintech Energy Corporation...........................               2.57
Hainan Yingli New Energy Resources Co., Ltd..........               2.57
Hengshui Yingli New Energy Resources Co., Ltd........               2.57
Inventec Energy Corporation..........................               2.57
Inventec Solar Energy Corporation....................               2.57
KOOTATU Tech. Corp...................................               2.57
Kyocera Mexicana S.A. de C.V.........................               2.57
Lixian Yingli New Energy Resources Co., Ltd..........               2.57
Lof Solar Corp.......................................               2.57
Mega Sunergy Co., Ltd................................               2.57

[[Page 70945]]

 
Ming Hwei Energy Co., Ltd............................               2.57
Neo Solar Power Corporation..........................               2.57
Shenzhen Yingli New Energy Resources Co., Ltd........               2.57
Sunengine Corporation Ltd............................               2.57
Sunrise Global Solar Energy..........................               2.57
Tianjin Yingli New Energy Resources Co., Ltd.........               2.57
TSEC Corporation.....................................               2.57
United Renewable Energy Co., Ltd.....................               2.57
Win Precision Technology Co., Ltd....................               2.57
Yingli Energy (China) Co., Ltd.......................               2.57
Yingli Green Energy International Trading Company                   2.57
 Limited.............................................
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Assessment Rates
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    \9\ In the first 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. In the final results of the third administrative review of 
this proceeding, we included Sunshine PV Corporation in the SAS-SEC 
entity. See Certain Crystalline Silicon Photovoltaic Products from 
Taiwan: Final Results of Antidumping Duty Administrative Review and 
Final Determination of No Shipments; 2017-2018, 84 FR 39802 (August 
12, 2019) and the accompanying Issues and Decision Memorandum at 
n.4.
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    Upon issuance of the final results, Commerce shall determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.
    Since the weighted-average dumping margin for the collapsed entity 
Sino-American Silicon Products Inc., Solartech Energy Corp. and 
Sunshine PV Corporation is not zero or de minimis (i.e., less than 0.5 
percent), we will calculate importer-specific ad valorem AD assessment 
rates based on the ratio of the total amount of dumping calculated for 
the importers examined sales to the total entered value of those same 
sales in accordance with 19 CFR 351.212(b)(1).\10\ We will instruct CBP 
to assess antidumping duties on all appropriate entries covered by this 
review when the importer-specific assessment rate calculated in the 
final results of this review is above de minimis (i.e., 0.5 percent). 
Where either the respondent's weighted-average dumping margin is zero 
or de minimis, or an importer-specific assessment rate is zero or de 
minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties. 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 where 
applicable.
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    \10\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by a 
respondent that did not know its merchandise was destined for the 
United States, we will instruct CBP to liquidate entries not reviewed 
at the all-others rate of 19.50 percent \11\ if there is no rate for 
the intermediate company(ies) involved in the transaction.\12\ We 
intend to issue instructions to CBP 15 days after publication of the 
final results of this review.
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    \11\ See Certain Crystalline Silicon Photovoltaic Products: 
Final Determination of Sales at Less Than Fair Value, 79 FR 76966 
(December 23, 2014) (Final Determination).
    \12\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of solar products from Taiwan entered, or withdrawn from 
warehouse, for consumption on or after the date of publication provided 
by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for each 
company listed above \13\ will be equal to the dumping margins 
established in the final results of this review except if the ultimate 
rates are de minimis within the meaning of 19 CFR 351.106(c)(1), in 
which case the cash deposit rates will be zero; (2) for merchandise 
exported by producers or exporters not covered in this administrative 
review but covered in a prior segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recently completed segment of this proceeding in which the 
producer or exporter participated; (3) if the exporter is not a firm 
covered in this review, a prior review, or the original less-than-fair-
value investigation but the producer is, then the cash deposit rate 
will be the rate established for the most recently completed segment of 
the proceeding for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
19.50 percent, the all-others rate established in the Final 
Determination. These deposit requirements, when imposed, shall remain 
in effect until further notice.
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    \13\ As explained in the Preliminary Decision Memorandum, the 
collapsed entity consisting of Sino-American Silicon Products Inc., 
Solartech Energy Corp. and Sunshine PV Corporation dissolved during 
the period of review. Specifically, Solartech Energy Corp. and 
Sunshine PV Corporation ceased to exist. Therefore, the dumping 
margin established for the collapsed entity will be the cash deposit 
rate for Sino-American Silicon Products Inc.
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Disclosure and Public Comment

    Commerce will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\14\ 
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs not later than 30 days after the date of publication of 
this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\15\ Parties who submit case briefs or rebuttal briefs in 
this proceeding are requested to submit with the argument: (1) A 
statement of the issue, (2) a summary of the argument,

[[Page 70946]]

and (3) a table of authorities.\16\ All briefs must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety by Commerce's electronic records 
system, ACCESS.
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    \14\ See 19 CFR 351.224(b).
    \15\ See 19 CFR 351.309(d).
    \16\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system within 30 days of publication of this 
notice.\17\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, we will inform 
parties of the scheduled date for the hearing which will be held at the 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230, at a time and location to be determined.\18\ Parties should 
confirm by telephone the date, time, and location of the hearing.
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    \17\ See 19 CFR 351.310(c).
    \18\ See 19 CFR 351.310.
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results 
of this administrative review, including the results of our analysis of 
the issues raised by the parties in their case briefs, within 120 days 
after issuance of these preliminary results.

Notification to Importers

    This notice also serves as a preliminary 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 review period. 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 to Interested Parties

    These preliminary results of review is are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: December 16, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Companies Not Selected for Individual Examination
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price
X. Normal Value
XI. Currency Conversion
XII. Recommendation

[FR Doc. 2019-27804 Filed 12-23-19; 8:45 am]
 BILLING CODE 3510-DS-P