[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Notices]
[Pages 49509-49512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19052]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-853]


Certain Crystalline Silicon Photovoltaic Products From Taiwan: 
Final Results of Antidumping Duty Administrative Review; Partial 
Rescission of Antidumping Duty Administrative Review; Final 
Determination of No Shipments; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) determines that certain 
crystalline silicon photovoltaic products (solar products) from Taiwan 
were sold in the United States at less than normal value during the 
period of review (POR), February 1, 2019, through January 31, 2020.

DATES: Applicable September 3, 2021.

[[Page 49510]]


FOR FURTHER INFORMATION CONTACT: Zachary Shaykin or 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) 482-2638 or (202) 
482-3936, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On April 29, 2021, Commerce published the Preliminary Results.\1\ 
On June 8, 2021, we received case briefs from Inventec Solar Energy 
Corporation (ISEC),\2\ JA Solar International Limited (JA Solar),\3\ 
and United Renewable Energy Corporation (URE),\4\ and a letter in lieu 
of a case brief from Canadian Solar companies.\5\ We received no 
rebuttal briefs. For a complete description of the events that occurred 
since the Preliminary Results, see the Issues and Decision 
Memorandum.\6\
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    \1\ See 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, 86 FR 22630 
(April 29, 2021) (Preliminary Results).
    \2\ See ISEC's Letter, ``Certain Crystalline Silicon 
Photovoltaic Products from Taiwan: Case Brief,'' dated June 8, 2021.
    \3\ See JA Solar's Letter, ``Antidumping Duty Administrative 
Review of Certain Crystalline Silicon Photovoltaic Products from 
Taiwan: Case Brief,'' dated June 8, 2021 (JA Solar's Case Brief).
    \4\ See URE's Letter, ``Certain Crystalline Silicon Photovoltaic 
Products from Taiwan: Case Brief,'' dated June 8, 2021.
    \5\ The Canadian Solar companies are: (1) Canadian Solar Inc.; 
(2) Canadian Solar International Limited; (3) Canadian Solar 
Manufacturing (Changshu), Inc.; (4) Canadian Solar Manufacturing 
(Luoyang), Inc., and; (5) Canadian Solar Solutions Inc. 
(collectively, Canadian Solar). See Canadian Solar's Letter, 
``Certain Crystalline Silicon Photovoltaic Products from Taiwan 
(2019-2020 Review): Letter in Lieu of Case Brief of Canadian 
Solar,'' dated June 8, 2021.
    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2019-2020 Administrative Review of the 
Antidumping Duty Order on Certain Crystalline Silicon Photovoltaic 
Products from Taiwan,'' dated concurrently with, and hereby adopted 
by, this notice (Issues and Decision Memorandum).
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Scope of the Order 7
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    \7\ See Certain Crystalline Silicon Photovoltaic Products from 
Taiwan: Antidumping Duty Order, 80 FR 8596 (February 18, 2015) 
(Order).
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    The merchandise covered by the Order is solar products from Taiwan. 
For a complete description of the scope of this review, see the Issues 
and Decision Memorandum.\8\
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    \8\ Id.
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Analysis of Comments Received

    All issues raised in the case briefs that were submitted by parties 
in this administrative review are addressed in the Issues and Decision 
Memorandum. A list of the sections of the Issues and Decision 
Memorandum are 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 Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made changes 
to the weighted-average dumping margin for the ISEC/E-TON entity \9\ 
and the weighted-average rate for companies not selected for individual 
review in this administrative review; \10\ however, no changes were 
made to the weighted-average dumping margin for URE. In addition, we: 
(1) Corrected the name of certain Canadian Solar companies from the 
Preliminary Results and from the draft U.S. Customs and Border 
Protection (CBP) instructions that we released for comment; \11\ and 
(2) added certain case numbers to Commerce's draft customs 
instructions.\12\
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    \9\ Commerce has determined to collapse Inventec Solar Energy 
Corporation and E-TON Solar Tech. Co., Ltd., and treat these 
companies as a single entity for the purposes of this review, in 
accordance with 19 CFR 351.401(f). See Memorandum, ``2019-2020 
Administrative Review of Certain Crystalline Silicon Photovoltaic 
Products from Taiwan: Affiliation and Single Entity Treatment 
Memorandum,'' dated April 23, 2021.
    \10\ See Issues and Decision Memorandum at Comment 1.
    \11\ Id. at Comment 4.
    \12\ Id. at Comment 5.
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Partial Recission of Administrative Review

    We originally initiated this review with respect to Inventec Energy 
Corporation (IEC).\13\ On March 5, 2021, ISEC reported that IEC ceased 
business operations, and was dissolved and liquidated prior to the 
POR.\14\ Therefore, pursuant to 19 CFR 351.213(d)(3) and in accordance 
with the Preliminary Results and Commerce practice, we have completed 
this review with respect to IEC, and continue to conclude that IEC had 
no shipments during the POR. Thus, pursuant to 19 CFR 351.213(d)(3), 
Commerce has rescinded this administrative review with respect to IEC. 
Therefore, Commerce will issue the appropriate instructions to CBP 
based on these final results.
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    \13\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 19730, 19735 (April 8, 2020).
    \14\ See Memorandum, ``Certain Crystalline Silicon Photovoltaic 
Products from Taiwan--Inventec's Sections A Supplemental 
Questionnaire Response,'' dated March 5, 2021.
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Final Determination of No Shipments

    As noted in the Preliminary Results, we received no-shipment claims 
from seven producers and/or exporters under review, and we 
preliminarily determined that these seven companies had no shipments 
during the POR.\15\ We received no comments from interested parties 
with respect to these claims. Therefore, because we have not received 
any information to contradict our preliminary no-shipment 
determination, nor comment in opposition to our preliminary finding and 
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.\16\ Consistent with our 
practice, we have completed the review with respect to these seven 
companies and will issue appropriate instructions to CBP based on our 
final results. We will instruct CBP to liquidate any existing entries 
of subject merchandise produced by the seven companies, but exported by 
other parties, at the rate for the intermediate reseller, if available, 
or at the all-others rate.
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    \15\ See Preliminary Results, 86 FR at 22632. These companies 
are AU Optronics Corporation; Canadian Solar Inc.; Canadian Solar 
International Limited.; Canadian Solar Manufacturing (Changshu), 
Inc.; Canadian Solar Manufacturing (Luoyang), Inc.; Canadian Solar 
Solutions Inc.; and Vina Solar Technology Co., Ltd.
    \16\ See Preliminary Results, 86 FR at 22632.
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Final Rates for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to individual respondents not 
selected for examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Tariff Act 
of 1930, as amended (the Act). Generally, Commerce looks to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in an investigation, for guidance when calculating the 
rate for respondents which we did not individually examine in an 
administrative review. Section 735(c)(5)(A) of the Act establishes a 
preference to avoid using rates which are zero, de minimis, or based 
entirely on facts available (FA) in calculating an all-others rate. 
Accordingly,

[[Page 49511]]

Commerce's practice in administrative reviews has been to average the 
weighted-average dumping margins for the companies selected for 
individual examination in the administrative review, excluding rates 
that are zero, de minimis, or based entirely on FA. For these final 
results of review, we have calculated weighted-average dumping margins 
that are not zero, de minimis, or determined entirely on the basis of 
facts available.\17\ Accordingly, Commerce assigns to the companies not 
individually examined in this review a dumping margin of 7.89 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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    \17\ In the case of two mandatory respondents, our practice is 
to calculate: (A) A weighted average of the dumping margins 
calculated for the mandatory respondents; (B) a simple average of 
the dumping margins calculated for the mandatory respondents; and 
(C) a weighted average of the dumping margins calculated for the 
mandatory respondents using each company's publicly ranged values 
for the merchandise under consideration. We compare (B) and (C) to 
(A) and select the rate closest to (A) as the most appropriate rate 
for all other companies. See Certain Crystalline Silicon 
Photovoltaic Products from Taiwan: Final Results of Antidumping Duty 
Administrative Review; 2014-2016, 82 FR 31555, 31556 (July 7, 2017). 
We have applied that practice here. See Memorandum, ``Calculation of 
the Rate for Non-Selected Respondents,'' dated concurrently with 
this notice.
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Final Results of the Review

    As a result of this review, Commerce determines the following 
weighted-average dumping margins exist for the mandatory respondents, 
the ISEC/E-TON entity and URE, for the period February 1, 2019, through 
January 31, 2020.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                     Producers/exporters                        dumping
                                                                margin
                                                               (percent)
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Inventec Solar Energy Corporation and E-TON Solar Tech Co.,        21.87
 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............        7.89
Baoding Tianwei Yingli New Energy Resources Co., Ltd........        7.89
Beijing Tianneng Yingli New Energy Resources Co. Ltd........        7.89
Boviet Solar Technology Co., Ltd............................        7.89
EEPV CORP...................................................        7.89
Hainan Yingli New Energy Resources Co., Ltd.................        7.89
Hengshui Yingli New Energy Resources Co., Ltd...............        7.89
Kyocera Mexicana S.A. de C.V................................        7.89
Lixian Yingli New Energy Resources Co., Ltd.................        7.89
Motech Industries, Inc......................................        7.89
Shenzhen Yingli New Energy Resources Co., Ltd...............        7.89
Sunengine Corporation Ltd...................................        7.89
Sunrise Global Solar Energy.................................        7.89
Tianjin Yingli New Energy Resources Co., Ltd................        7.89
TSEC Corporation............................................        7.89
Win Win Precision Technology Co., Ltd.......................        7.89
Yingli Energy (China) Co., Ltd..............................        7.89
Yingli Green Energy International Trading Company Limited...        7.89
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Disclosure

    We intend to disclose the calculations performed in connection with 
these final results to parties in this proceeding within five days 
after the date of publication of this notice, in accordance with 19 CFR 
351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of 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 instruct CBP to assess antidumping duties at an ad valorem rate 
equal to each company's weighted-average dumping margin identified 
above. 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 and for future deposits of estimated 
duties, where applicable.\18\
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    \18\ See section 751(a)(2)(C) of the Act.
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    For entries of subject merchandise during the POR produced by each 
mandatory respondent for which it did

[[Page 49512]]

not know its merchandise was destined for the United States, or for 
entries associated with the seven companies that had no shipments 
during the POR, we will instruct CBP to liquidate such entries at the 
all-others rate if there is no rate for the intermediate company(-ies) 
involved in the transaction.
    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).

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, (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, a prior review, or the original 
less-than-fair-value (LTFV) investigation, but the producer 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.\19\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \19\ See Certain Crystalline Silicon Photovoltaic Products from 
Taiwan: Final Determination of Sales at Less Than Fair Value, 79 FR 
76966, 76969 (December 23, 2014).
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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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice also serves as the final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction 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) and 19 CFR 
351.213(h).

    Dated: August 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Sections in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Final Determination of No Shipments
V. Partial Recission of Administrative Review
VI. Changes Since the Preliminary Results
VII. Discussion of the Issues
    Comment 1: Whether Commerce Made a Clerical Error in the Normal 
Value Calculation in Certain Instances for Certain Control Number 
(CONNUM) Models
    Comment 2: Whether to Attribute Certain U.S. sales to ISEC or 
its Customer Pursuant to the Knowledge Test
    Comment 3: Whether Commerce Should Collapse ISEC and E-TON into 
a Single Entity
    Comment 4: Name Correction for Certain Canadian Solar Companies
    Comment 5: Whether to Include an Additional Case Number to 
Liquidation and Cash Deposit Instructions with Respect to URE
VIII. Recommendation

[FR Doc. 2021-19052 Filed 9-2-21; 8:45 am]
BILLING CODE 3510-DS-P