[Federal Register Volume 86, Number 81 (Thursday, April 29, 2021)]
[Notices]
[Pages 22630-22633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08921]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-853]


Certain Crystalline Silicon Photovoltaic Products From Taiwan: 
Preliminary Results; Preliminary Intent To Rescind and Partial 
Rescission of Antidumping Duty Administrative Review; and Preliminary 
Determination of No Shipments; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that 20 companies, including the mandatory respondents, the Inventec 
Solar Energy Corporation (ISEC) and E-TON Solar Tech. Co., Ltd. (E-TON) 
single entity (ISEC/E-TON entity), and United Renewable Energy Co., 
Ltd. (URE), producers and exporters of certain crystalline silicon 
photovoltaic products (solar products) from Taiwan, sold subject 
merchandise in the United States at prices below normal value during 
the period of review (POR) February 1, 2019, through January 31, 2020. 
Commerce preliminarily intends to rescind the antidumping 
administrative review with respect to one company, Inventec Energy 
Corporation (IEC). In addition, Commerce preliminarily determines

[[Page 22631]]

that seven exporters had no shipments during the POR. Lastly, Commerce 
has rescinded the review initiated for five companies. We invite all 
interested parties to comment on these preliminary results.

DATES: Applicable April 29, 2021.

FOR FURTHER INFORMATION CONTACT: Thomas Martin and Zachary Shaykin, 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 and (202) 
482-2316, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce is conducting an administrative review of the antidumping 
duty order on solar products from Taiwan,\1\ in accordance with section 
751(a)(1)(B) of Tariff Act of 1930, as amended (the Act). On April 8, 
2020, in accordance with 19 CFR 351.221(c)(1)(i), we initiated this 
administrative review of the Order covering thirty-four producers and/
or exporters of the subject merchandise.\2\ On June 3, 2020, Commerce 
selected ISEC and URE as the mandatory respondents.\3\
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    \1\ See Certain Crystalline Silicon Photovoltaic Products From 
Taiwan: Antidumping Duty Order, 80 FR 8596 (February 18, 2015) 
(Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 19730 (April 8, 2020) (Initiation 
Notice).
    \3\ See Memorandum, ``2019-2020 Antidumping Duty Administrative 
Review of Certain Crystalline Silicon Photovoltaic Products from 
Taiwan: Respondent Selection,'' dated June 3, 2020.
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    On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days.\4\ Subsequently, on July 21, 2020, Commerce tolled 
certain deadlines in administrative reviews by an additional 60 
days.\5\ On February 8, 2021, we postponed the preliminary results of 
this review by 64 days until April 23, 2021.\6\ For a detailed 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\7\
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    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \6\ See Memorandum, ``Certain Crystalline Silicon Photovoltaic 
Products from Taiwan: Extension of Deadline for Preliminary Results 
of the 2019-2020 Antidumping Duty Administrative Review,'' dated 
February 8, 2021.
    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results and Partial Rescission of Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments: Certain 
Crystalline Silicon Photovoltaic Products from Taiwan; 2019-2020,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is solar products. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.\8\
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    \8\ Id.; see also Order.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Export prices are calculated in accordance with 
section 772 of the Act and normal value is calculated in accordance 
with section 773 of the Act. For a full description of the methodology 
underlying these preliminary results, see the Preliminary Decision 
Memorandum. A list of topics discussed in the Preliminary Decision 
Memorandum is attached as an appendix to this notice.
    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 http://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/.

Preliminary Intent To Rescind Administrative Review in Part

    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to 
rescind an administrative review with respect to a particular exporter 
or producer when Commerce concludes that it had no shipments (e.g., no 
reviewable entries of subject merchandise) during the POR subject to 
the antidumping duty order. At the end of an administrative review, the 
suspended entries are liquidated at the assessment rate computed for 
the review period.\9\ Therefore, for an administrative review to be 
conducted, there must be a reviewable, suspended entry to be liquidated 
at the newly calculated assessment rate.
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    \9\ See 19 CFR 351.212(b)(1).
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    On March 5, 2021, ISEC reported that IEC ceased business 
operations, and was dissolved and liquidated prior to the POR.\10\ As 
such, Commerce has preliminarily concluded that IEC had no shipments 
during the POR. Thus, Commerce preliminary intends to rescind this 
administrative review with respect to IEC pursuant to 19 CFR 
351.213(d)(3). Consistent with Commerce's practice,\11\ Commerce 
intends to complete the review and issue appropriate instructions to 
U.S. Customs and Border Protection (CBP) based on the final results of 
this review.
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    \10\ See Memorandum, ``Certain Crystalline Silicon Photovoltaic 
Products from Taiwan--Inventec's Sections A Supplemental 
Questionnaire Response,'' dated March 5, 2021.
    \11\ See, e.g., Heavy Walled Rectangular Welded Carbon Steel 
Pipes and Tubes from the Republic of Turkey: Preliminary Results of 
Antidumping Duty Administrative Review and Preliminary Determination 
of No Shipments; 2017-2018, 84 FR 34863 (July 19, 2019) (Heavy 
Walled Pipe from Turkey), and accompanying Preliminary Decision 
Memorandum at 4.
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Rescission of Administrative Review in Part

    Section 351.213(d)(1) of Commerce's regulations provides that 
Commerce will rescind an administrative review, in whole or in part, if 
the party that requested the review withdraws its request for review 
within 90 days of the date of publication of the notice of initiation 
of the requested review. Commerce published the Initiation Notice on 
April 8, 2020.\12\ On April 29, 2020, SunPower Manufacturing Oregon, 
LLC (the petitioner) withdrew its request for review of Sino-American 
Silicon Products Inc. (SAS) and Solartech Energy Corporation 
(Solartech).\13\ On May 20, 2020, Mega Sunergy Co., Ltd. (Mega) 
withdrew its request for review for itself.\14\ Because the review 
requests for SAS and Mega were timely withdrawn, and because no other 
party requested a review of SAS and Mega, we are rescinding the reviews 
with respect to SAS and Mega.
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    \12\ See Initiation Notice.
    \13\ See Petitioner's Letter, ``Certain Crystalline Silicon 
Photovoltaic Products From Taiwan--Partial Withdrawal of Request for 
Administrative Review,'' dated April 29, 2020.
    \14\ See Mega's Letter, ``Certain Crystalline Silicon 
Photovoltaic Products from Taiwan, Case No. A-583-853 WITHDRAWAL OF 
REQUEST FOR ADMINISTRATIVE REVIEW,'' dated May 20, 2020.
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    Additionally, Commerce previously determined in a changed 
circumstances review that URE is the successor-in-interest to 
Solartech, as well as Gintech Energy Corporation (Gintech), and Neo 
Solar Power Corporation (Neo Solar).\15\ Therefore, because Solartech, 
Gintech, and Neo Solar are no longer in existence, Commerce is 
partially rescinding this administrative review with respect to 
Solartech, Gintech, and Neo Solar, in accordance with 19 CFR 
351.213(d)(3). The review will continue with respect to all other 
entities listed in the Initiation Notice.
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    \15\ See Certain Crystalline Silicon Photovoltaic Products From 
Taiwan: Notice of Final Results of Antidumping Duty Changed 
Circumstances Review, 84 FR 37836 (August 2, 2019).

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[[Page 22632]]

Preliminary Determination of No Shipments

    Seven producers and/or exporters under review properly filed a 
certification reporting that they made no shipments of subject 
merchandise during the POR: (1) AU Optronics Corporation; (2) Canadian 
Solar Inc.; (3) Canadian Solar International, Ltd.; (4) Canadian Solar 
Manufacturing (Changshu), Inc.; (5) Canadian Solar Manufacturing 
(Luoyang), Inc.; (6) Canadian Solar Solution Inc.; and (7) Vina Solar 
Technology Co., Ltd.\16\ CBP did not have any information to contradict 
these claims of no shipments during the POR.\17\ Therefore, we 
preliminarily determine that these companies did not have shipments of 
subject merchandise during the POR. Consistent with Commerce's 
practice,\18\ Commerce finds that it is not appropriate to rescind the 
review with respect to these seven companies, but rather to complete 
the review and issue appropriate instructions to CBP based on the final 
results of this review.
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    \16\ See Preliminary Decision Memorandum at 3.
    \17\ Id. at 7.
    \18\ See, e.g., Heavy Walled Pipe from Turkey Preliminary 
Decision Memorandum at 4.
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Rate 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 
individual 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 less-
than-fair-value investigation, for guidance when calculating the rate 
for companies which were not selected for individual examination 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 preliminarily calculated weighted-average 
dumping margins for the combined entity of ISEC and E-TON,\19\ and URE, 
that are not zero, de minimis, or determined entirely on the basis of 
facts available. Accordingly, we have preliminarily assigned to the 
companies not individually examined in this review a margin of 11.32 
percent, which is the weighted-average of the dumping margins 
calculated using the public ranged sales data of ISEC and E-TON, and 
URE.
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    \19\ As discussed in the Preliminary Decision Memorandum, 
Commerce has preliminarily determined to collapse Inventec Solar 
Energy Corporation and E-TON Solar Tech. Co., Ltd., and treat these 
companies as a single entity, in accordance with 19 CFR 351.401(f).
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Preliminary Results of the Review

    We preliminarily assign the following weighted-average dumping 
margins to the firms listed below for the period February 1, 2019, 
through January 31, 2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                     Producers/exporters                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Inventec Solar Energy Corporation and E-TON Solar Tech. Co.,       32.54
 Ltd........................................................
United Renewable Energy Co., Ltd............................        1.27
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    Review-Specific Average Rate Applicable to the Following Companies:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                     Producers/exporters                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Baoding Jiasheng Photovoltaic Technology Co. Ltd............       11.32
Baoding Tianwei Yingli New Energy Resources Co., Ltd........       11.32
Beijing Tianneng Yingli New Energy Resources Co. Ltd........       11.32
Boviet Solar Technology Co., Ltd............................       11.32
EEPV CORP...................................................       11.32
Hainan Yingli New Energy Resources Co., Ltd.................       11.32
Hengshui Yingli New Energy Resources Co., Ltd...............       11.32
Kyocera Mexicana S.A. de C.V................................       11.32
Lixian Yingli New Energy Resources Co., Ltd.................       11.32
Motech Industries, Inc......................................       11.32
Shenzhen Yingli New Energy Resources Co., Ltd...............       11.32
Sunengine Corporation Ltd...................................       11.32
Sunrise Global Solar Energy.................................       11.32
Tianjin Yingli New Energy Resources Co., Ltd................       11.32
TSEC Corporation............................................       11.32
Win Win Precision Technology Co., Ltd.......................       11.32
Yingli Energy (China) Co., Ltd..............................       11.32
Yingli Green Energy International Trading Company Limited...       11.32
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Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\20\ The final results of this review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
covered by this review and for future deposits of estimated duties, 
where applicable.\21\ Commerce intends to issue assessment instructions 
to CBP no earlier than 35 days after the date of publication of the 
final results of this review in the Federal Register. If a timely 
summons is filed at the U.S. Court of International Trade, the 
assessment instructions will direct CBP not to liquidate relevant 
entries until the time for parties to file a request for a statutory 
injunction has expired (i.e., within 90 days of publication).
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    \20\ See 19 CFR 351.212(b).
    \21\ See section 751(a)(2)(C) of the Act.
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    Pursuant to 19 CFR 351.212(b)(1), where an examined respondent's 
weighted-average dumping margin is not zero or de minimis (i.e., less 
than 0.5 percent), we calculated an importer-specific ad valorem duty 
assessment rate based on the ratio of the total amount of dumping 
calculated for the U.S. sales for a given importer to the total entered 
value of those sales. Where the mandatory respondent did not report 
entered value, we calculated the entered value in order to calculate 
the assessment rate. 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 that were not selected for individual 
examination, we will instruct CBP to assess antidumping duties at an ad 
valorem rate equal to each company's weighted-average dumping margin 
determined in the final results of this review.
    For entries of subject merchandise during the POR produced by the 
ISEC/E-TON entity or URE for which these companies did not know that 
its merchandise was destined for the United States and for all entries 
attributed to the companies that we find had no shipments during the 
POR, we will instruct CBP to liquidate such unreviewed entries pursuant 
to the reseller policy,\22\ i.e., the assessment rate for such entries 
will be equal to the all-others rate established in the investigation 
(i.e., 19.50 percent),\23\ if there is no rate for the intermediate

[[Page 22633]]

company(ies) involved in the transaction.
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    \22\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \23\ See Certain Crystalline Silicon Photovoltaic Products from 
Taiwan: Final Determination of Sales at Less Than Fair Value, 79 FR 
76966, 796969 (December 23, 2014) (Final Determination).
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Cash Deposit Requirements

    The following 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 each company's weighted-average 
dumping margin established in the final results of this review, (except 
if the ad valorem rate is 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 participating in this review, 
the cash deposit will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding in 
which the company participated; (3) if the exporter is not a firm 
covered in this review, or the underlying investigation, but the 
producer is, then the cash deposit rate will be the rate established 
for the completed segment for the most recent POR 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 underlying investigation.\24\
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    \24\ See Final Determination.
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    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice in accordance 
with 19 CFR 351.224(b).
    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\25\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than seven days after the time limit for filing case briefs.\26\ 
Parties who submit case briefs or rebuttal briefs in this proceeding 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\27\ Executive summaries should be limited to five pages 
total, including footnotes. Case and rebuttal briefs should be filed 
using ACCESS and must be served on interested parties.\28\ Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\29\
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    \25\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for 
general filing requirements).
    \26\ See 19 CFR 351.309(d)(1).
    \27\ See 19 CFR 351.309(c)(2) and (d)(2).
    \28\ See 19 CFR 351.303.
    \29\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Hearing requests should contain: (1) The party's name, address, 
and telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
issues raised in the briefs. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined.\30\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
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    \30\ See 19 CFR 351.310(c).
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    An electronically-filed request for a hearing must be received 
successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30 
days after the date of publication of this notice.\31\ Commerce intends 
to issue the final results of this administrative review, including the 
results of its analysis of issues raised in all written briefs, not 
later than 120 days after the publication of these preliminary results 
in the Federal Register pursuant to section 751(a)(3)(A) of the Act and 
19 CFR 351.213(h)(1), unless otherwise extended.\32\
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    \31\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
    \32\ See section 751(a)(3)(A) of the Act.
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Notification to Importers

    This notice 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 double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4) 
and 351.221(b)(4).

    Dated: April 23, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Preliminary Intent to Partially Rescind Administrative Review
VI. Partial Rescission of Administrative Review
VII. Preliminary Determination of No Shipments
VIII. Companies Not Selected for Individual Examination
IX. Discussion of the Methodology
X. Currency Conversion
XI. Recommendation

[FR Doc. 2021-08921 Filed 4-28-21; 8:45 am]
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