Federal Register, Volume 85 Issue 57 (Tuesday, March 24, 2020)

[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Notices]
[Pages 16615-16617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06110]

-----------------------------------------------------------------------

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; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that producers or
exporters of certain crystalline silicon photovoltaic products (solar
products) from Taiwan sold subject merchandise at less than normal
value in the United States during the period of review (POR), February
1, 2018 through January 31, 2019.

DATES: Applicable March 24, 2020.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3936.

SUPPLEMENTARY INFORMATION:

Background

This review covers 36 producers or exporters. Commerce selected two
companies, Motech Industries Inc. (Motech), and the collapsed entity
that combined Sino-American Silicon Products Inc., Solartech Energy
Corp, and Sunshine PV Corporation (collectively SAS-SEC), for
individual examination. The producers or exporters not selected for
individual examination are listed in the ``Final Results of the
Review'' section of this notice.
On December 26, 2019, Commerce published the Preliminary
Results.\1\ On January 21, 2020 and January 27, 2020, we received case
briefs from Win Precision Technology Co., Ltd. (Win Win) \2\ and Peimar
Industries Srl., (Peimar) \3\ respectively. We received no rebuttal
briefs.
---------------------------------------------------------------------------

\1\ See Certain Crystalline Silicon Photovoltaic Products From
Taiwan: Preliminary Results of Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2018-2019, 84
FR 70943 (December 26, 2019) (Preliminary Results).
\2\ See Win Win's Letter, ``Certain Crystalline Silicon
Photovoltaic Products from Taiwan: Case Brief,'' dated January 21,
2020.
\3\ See Peimar's Letter, ``Certain Crystalline Silicon
Photovoltaic Products from Taiwan: Case Brief,'' dated January 27,
2020.
---------------------------------------------------------------------------

Scope of the Order

Analysis of Comments Received

All issues raised in the case and rebuttal briefs are listed in
Appendix II to this notice and addressed in the IDM.\4\ Interested
parties can find a

[[Page 16616]]

complete discussion of these issues and the corresponding
recommendations in this public memorandum, which 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 http://access.trade.gov, and
ACCESS is also available to all interested parties in the Central
Records Unit, Room B8024, of the main Commerce building. In addition, a
complete version of the IDM can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed IDM and the electronic
version of the IDM are identical in content.
---------------------------------------------------------------------------

\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2018-2019 Administrative Review of the
Antidumping Duty Order on Certain Crystalline Silicon Photovoltaic
Products from Taiwan'' (IDM), dated concurrently with, and hereby
adopted by, this notice.
---------------------------------------------------------------------------

Changes Since the Preliminary Results

Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made no
changes to the weighted-average dumping margin for SAS-SEC or any other
respondent presented in the Preliminary Results. However, we: (1)
Corrected the name of Win Win in the rate table presented in the
Preliminary Results; \5\ and (2) added certain company-specific third-
country case numbers presented in draft U.S. Customs and Border
Protection (CBP) instructions that we released for comment.\6\
---------------------------------------------------------------------------

\5\ See IDM at Comment 1.
\6\ See IDM at Comment 2.
---------------------------------------------------------------------------

Determination of No Shipments

As noted in the Preliminary Results, we received no-shipment claims
from seven companies, and we preliminarily determined that these seven
companies had no shipments during the POR.\7\ We received no comments
from interested parties with respect to these claims. Therefore,
because record evidence indicates that these seven companies had no
entries of subject merchandise to the United States during the POR, we
continue to find that they had no shipments during the POR. Consistent
with our practice, we will issue appropriate instructions to CBP based
on our final results.
---------------------------------------------------------------------------

\7\ See Preliminary Results, 84 FR at 70944. These companies are
AU Optronics Corporation, Canadian Solar Inc., Canadian Solar
International Limited, Canadian Solar Manufacturing (Changshu),
Inc., Canadian Solar Manufacturing (Luoyang), Inc., Motech
Industries Ltd., and Vina Solar Technology Co., Ltd.
---------------------------------------------------------------------------

Final Rates for Non-Examined Companies

The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks to section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in a market-economy investigation, for
guidance when calculating the rate for companies which were not
selected for individual review in an administrative review. Under
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an
amount equal to the weighted average of the estimated weighted average
dumping margins established for exporters and producers individually
investigated, excluding any zero or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .''
In this review, we have a calculated a weighted-average dumping
margin for SAS-SEC that is not zero, de minimis, or determined entirely
on the basis of facts available. Accordingly, Commerce assigns to the
companies not individually examined the 2.57 percent weighted-average
dumping margin calculated for SAS-SEC.

Final Results of the Review

We are assigning the following weighted-average dumping margins to
the firms listed below for the period February 1, 2018 through January
31, 2019.
---------------------------------------------------------------------------

\8\ 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 relevant changes to the facts 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.

------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Sino-American Silicon Products Inc., Solartech Energy Corp. 2.57
and Sunshine PV Corporation \8\............................
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
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 Win Precision Technology Co., Ltd....................... 2.57
Yingli Energy (China) Co., Ltd.............................. 2.57
Yingli Green Energy International Trading Company Limited... 2.57
------------------------------------------------------------------------

Assessment Rates

Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b)(1), Commerce has determined,
and CBP shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with the final results of this
review. Pursuant to 19 CFR 351.212(b)(1), we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for the examined sales to the total
entered value of those sales. Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19
CFR 351.106(c)(1), 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.
For the companies which were not selected for individual review, we
will assign an assessment rate equal to SAS-SEC's dumping margin
identified above. The final results of this review shall be the basis
for the assessment of

[[Page 16617]]

antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.\9\
---------------------------------------------------------------------------

\9\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.

Cash Deposit Requirements

The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific
company listed above will be equal to the weighted-average dumping
margin that is established in the final results of this review, except
if the rate is less than 0.50 percent and therefore de minimis within
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit
rate will be zero; (2) for previously investigated companies not listed
above, including the companies which Commerce has determined had no
shipments in these final results, 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 companies
participated; (3) if the exporter is not a firm covered in this review,
or the original less-than-fair-value (LTFV) investigation, but the
manufacturer is, then the cash deposit rate will be the cash deposit
rate established for the most recently completed segment for the
producer of the subject 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 LTFV investigation.\10\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------

\10\ See Certain Crystalline Silicon Photovoltaic Products From
Taiwan: Final Determination of Sales at Less Than Fair Value, 79 FR
76966 (December 23, 2014).
---------------------------------------------------------------------------

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 review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.

Administrative Protective Order

This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
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 return/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 sanctionable
violation.

Notification to Interested Parties

This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

Dated: March 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

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.
Subject merchandise includes crystalline silicon photovoltaic
cells of thickness equal to or greater than 20 micrometers, having a
p/n junction formed by any means, whether or not the cell has
undergone other processing, including, but not limited to, cleaning,
etching, coating, and/or addition of materials (including, but not
limited to, metallization and conductor patterns) to collect and
forward the electricity that is generated by the cell.
Modules, laminates, and panels produced in a third-country from
cells produced in Taiwan are covered by this order. However,
modules, laminates, and panels produced in Taiwan from cells
produced in a third-country are not covered by this order.
Excluded from the scope of this order are thin film photovoltaic
products produced from amorphous silicon (a-Si), cadmium telluride
(CdTe), or copper indium gallium selenide (CIGS). Also excluded from
the scope of this order are crystalline silicon photovoltaic cells,
not exceeding 10,000mm\2\ in surface area, that are permanently
integrated into a consumer good whose function is other than power
generation and that consumes the electricity generated by the
integrated crystalline silicon photovoltaic cells. Where more than
one cell is permanently integrated into a consumer good, the surface
area for purposes of this exclusion shall be the total combined
surface area of all cells that are integrated into the consumer
good.
Further, also excluded from the scope of this order are any
products covered by the existing antidumping and countervailing duty
orders on crystalline silicon photovoltaic cells, whether or not
assembled into modules, from the People's Republic of China
(PRC).\11\ Also excluded from the scope of this order are modules,
laminates, and panels produced in the PRC from crystalline silicon
photovoltaic cells produced in Taiwan that are covered by an
existing proceeding on such modules, laminates, and panels from the
PRC.
---------------------------------------------------------------------------

\11\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China: Amended
Final Determination of Sales at Less Than Fair Value, and
Antidumping Duty Order, 77 FR 73018 (December 7, 2012); see also
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, from the People's Republic of China: Countervailing
Duty Order, 77 FR 73017 (December 7, 2012).
---------------------------------------------------------------------------

Merchandise covered by the 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 of the order is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Discussion of the Issues
Comment 1: Win Win Precision Technology Co., Ltd. Name
Correction
Comment 2: Corrections for Third-Country Case Numbers for
Several Companies
IV. Recommendation

[FR Doc. 2020-06110 Filed 3-23-20; 8:45 am]
BILLING CODE 3510-DS-P