[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Notices]
[Pages 61131-61133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24257]



[[Page 61131]]

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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, Partial 
Rescission of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments; 2020-2021

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

SUMMARY: In response to requests from interested parties, the 
Department of Commerce (Commerce) is rescinding the administrative 
review, in part, of the antidumping duty order on certain crystalline 
silicon photovoltaic products (solar products) from Taiwan during the 
period of review (POR), February 1, 2020, to January 31, 2021. 
Specifically, Commerce is rescinding the review with respect to eleven 
companies under review, including the mandatory respondents, Inventec 
Solar Energy Corporation (ISEC) and Sino-American Silicon Products Inc. 
(SAS), because all requests to review these companies have been timely 
withdrawn. Moreover, Commerce preliminarily determines that sixteen of 
the companies under review made no shipments of solar products from 
Taiwan during the POR. Finally, with respect to the companies that did 
not submit no-shipment certifications and were not selected as 
mandatory respondents, we have determined to preliminarily apply a rate 
of 7.89 percent, i.e., the non-selected rate from the prior 
administrative review under this antidumping duty order. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable November 5, 2021.

FOR FURTHER INFORMATION CONTACT: Thomas Martin or 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 or (202) 
482-2638, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2021, in accordance with 19 CFR 351.221(c)(1)(i), we 
initiated this administrative review of the antidumping duty order on 
solar products from Taiwan \1\ covering thirty-one producers and/or 
exporters of the subject merchandise.\2\ On June 10, 2021, Commerce 
selected ISEC and SAS 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, 86 FR 17124, 17131 (April 1, 2021) 
(Initiation Notice).
    \3\ See Memorandum, ``2020-2021 Antidumping Duty Administrative 
Review of Certain Crystalline Silicon Photovoltaic Products from 
Taiwan: Respondent Selection,'' dated June 10, 2021.
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    On June 3, 2021, SunPower Manufacturing Oregon LLC (SPMOR, a 
domestic producer and domestic interested party) withdrew its request 
for administrative review of all twenty-nine companies it originally 
requested,\4\ and on June 30, 2021, Auxin Solar, Inc. (Auxin, a 
domestic producer, domestic importer, and domestic interested party) 
withdrew its request for review of eleven of the thirty-one companies 
it originally requested, including the mandatory respondents.\5\ 
Accordingly, pursuant to 19 CFR 351.213(d)(1), Commerce is rescinding 
the administrative review, in part, with respect to the companies fully 
withdrawn by SPMOR and Auxin. The review remains active with respect to 
the remaining 20 companies.\6\
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    \4\ See SPMOR's Letter, ``Certain Crystalline Silicon 
Photovoltaic Products from Taiwan--Withdrawal of Request for 
Administrative Review,'' dated June 3, 2021 (SPMOR's Withdrawal 
Request).
    \5\ See Auxin's Letter, ``Certain Crystalline Silicon 
Photovoltaic Products from Taiwan: Withdrawal of Request for 
Administrative Review of Antidumping Order,'' dated June 30, 2021 
(Auxin's Withdrawal Request). Auxin withdrew its request for 
administrative review with respect to the following companies: (1) 
EEPV Corporation; (2) E-TON Solar Tech. Co., Ltd.; (3) Inventec 
Energy Corporation; (4) Inventec Solar Energy Corporation; (5) Ming 
Hwei Energy Co., Ltd.; (6) Motech Industries, Inc.; (7) SAS; (8) 
Sunengine Corporation Ltd.; (9) TSEC Corporation; (10) United 
Renewable Energy Co., Ltd.; and (11) Win Win Precision Technology 
Co., Ltd.
    \6\ The remaining companies in this administrative review are: 
(1) AU Optronics Corporation; (2) Baoding Jiasheng Photovoltaic 
Technology Co. Ltd. (Baoding Jiasheng); (3) Baoding Tianwei Yingli 
New Energy Resources Co., Ltd.; (4) Beijing Tianneng Yingli New 
Energy Resources CO. Ltd.; (5) Boviet Solar Technology Co., Ltd. 
(Boviet); (6) Canadian Solar Inc.; (7) Canadian Solar International, 
Ltd.; (8) Canadian Solar Manufacturing (Chang shu), Inc.; (9) 
Canadian Solar Manufacturing (Luoyang), Inc.; (10) Canadian Solar 
Solution Inc.; (11) Hainan Yingli New Energy Resources Co., Ltd.; 
(12) Hengshui Yingli New Energy Resources Co., Ltd.; (13) Kyocera 
Mexicana S.A. de C.V. (Kyocera); (14) Lixian Yingli New Energy 
Resources Co., Ltd.; (15) Shenzhen Yingli New Energy Resources Co., 
Ltd.; (16) Sunrise Energy Co. Ltd. (Sunrise); (17) Tianjin Yingli 
New Energy Resources Co., Ltd.; (18) Vina Solar; (19) Yingli Energy 
(China) Co., Ltd.; and (20) Yingli Green Energy International 
Trading Company Limited.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The products covered by the Order are solar products from 
Taiwan.\7\ Imports of subject merchandise are classified under the 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 
8501.61.0010, 8507.20.80, 8541.40.6015, 8541.40.6025, and 8501.31.8010. 
These HTSUS subheadings are provided for convenience and customs 
purposes; the written description of the scope of the Order is 
dispositive.\8\
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    \7\ See Order.
    \8\ Id.
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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 1, 2021.\9\ On June 3, 2021, SPMOR withdrew its request for 
review for all twenty-nine companies it had requested.\10\ On June 30, 
2021, Auxin withdrew its request for review of eleven of the thirty-one 
companies it had originally requested: (1) EEPV CORP.; (2) E-TON Solar 
Tech. Co., Ltd.; (3) Inventec Energy Corporation; (4) ISEC; (5) Ming 
Hwei Energy Co., Ltd.; (6) Motech Industries, Inc.; (7) SAS; (8) 
Sunengine Corporation Ltd.; (9) TSEC Corporation; (10) United Renewable 
Energy Co., Ltd.; and (11) Win Win Precision Technology Co., Ltd.\11\ 
Because the review requests for these eleven companies were timely 
withdrawn, and because no other party requested a review of any of 
them, we are rescinding the reviews with respect to the eleven 
companies stated above. The review will continue with respect to all 
other entities listed in the Initiation Notice.
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    \9\ See Initiation Notice.
    \10\ See SPMOR's Withdrawal Request.
    \11\ See Auxin's Withdrawal Request.
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Preliminary Determination of No Shipments

    Sixteen 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

[[Page 61132]]

Corporation (AU); \12\ (2) Canadian Solar Inc., (3) Canadian Solar 
International Limited, (4) Canadian Solar Manufacturing (Changshu), 
Inc., (5) Canadian Solar Manufacturing (Luoyang), Inc., (6) Canadian 
Solar Solutions Inc. (the Canadian companies); \13\ (7) Vina Solar 
Technology Co., Ltd. (Vina Solar); \14\ (8) Baoding Tianwei Yingli New 
Energy Resources Co., Ltd.; (9) Beijing Tianneng Yingli New Energy 
Resources Co., Ltd.; (10) Hainan Yingli New Energy Resources Co., Ltd.; 
(11) Hengshui Yingli New Energy Resources Co., Ltd.; (12) Lixian Yingli 
New Energy Resources Co., Ltd.; (13) Shenzhen Yingli New Energy 
Resources Co., Ltd.; (14) Tianjin Yingli New Energy Resources Co., 
Ltd.; (15) Yingli Energy (China) Co., Ltd.; and (16) Yingli Green 
Energy International Trading Company Limited (Yingli).\15\ On May 17, 
2021, Vina Solar, the only potential respondent left in this 
administrative review with reviewable entries of subject merchandise 
during the POR, commented on Commerce's U.S. Customs and Border 
Protection (CBP) data release \16\ that it made no shipments of subject 
merchandise to the United States during the POR, and that Commerce 
should revise the CBP data.\17\ No other parties commented on the CBP 
data release. We contacted CBP to corroborate Vina Solar's statements 
during the POR. We requested entry summaries from CBP to determine that 
Vina Solar had no entries of subject merchandise during the POR. We 
reviewed the entry summaries we received from CBP. Based on our 
analysis of these entry summaries, we did not find any information to 
contradict Vina Solar's claims of no shipments during the POR.\18\ 
Therefore, we preliminarily determine that none of the above sixteen 
companies (i.e., including Vina Solar) had shipments of subject 
merchandise during the POR.
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    \12\ See AU's Letter, ``Certain Crystalline Silicon Photovoltaic 
Products from Taiwan--Notice of No Sales or Exports,'' dated April 
20, 2021.
    \13\ See Canadian Companies' Letter, ``Crystalline Silicon 
Photovoltaic Products from Taiwan, Case No. A-583-853: No Shipment 
Letter,'' dated April 27, 2021.
    \14\ See Vina Solar's Letter, ``Certain Crystalline Silicon 
Photovoltaic Products from Taiwan--Notice of No Sales or Exports,'' 
dated April 30, 2021.
    \15\ See Yingli's Letter, ``Certain Crystalline Silicon 
Photovoltaic Products from Taiwan: Yingli's No Shipment 
Certification,'' dated April 30, 2021.
    \16\ See Memorandum, ``Certain Crystalline Silicon Photovoltaic 
Products from Taiwan: Release of Customs and Border Protection 
Data,'' dated May 10, 2021 (CBP Data Release).
    \17\ See Vina Solar's Letter, ``Certain Crystalline Silicon 
Photovoltaic Products from Taiwan: Comment on CBP Data,'' dated May 
17, 2021.
    \18\ Commerce issued a no-shipment inquiry to CBP on June 6, 
2021. See Memorandum, ``Notification of Receipt of U.S. Entry 
Documents,'' dated July 2, 2021.
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    Consistent with Commerce's practice,\19\ Commerce finds that it is 
not appropriate to rescind the review with respect to these sixteen 
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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    \19\ 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), and 
accompanying 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 the instant review, the CBP data query \20\ did not show any 
entries of subject merchandise exported by Baoding Jiasheng, Boviet, 
Kyocera, or Sunrise \21\ during the POR, the remaining non-selected 
respondents that did not submit a certification of no shipments. Thus, 
there is no basis for selecting any of the above companies as mandatory 
respondents.\22\ Accordingly, because there are no companies in the 
instant review for which we are calculating a rate that can be applied 
to the above companies, we have determined to preliminarily apply a 
rate of 7.89 percent to Baoding Jiasheng, Boviet, Kyocera, and Sunrise 
as non-selected respondents, which is the weighted-average dumping 
margin determined and assigned to the non-selected respondents in the 
previous (fifth) administrative review of the Order.\23\
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    \20\ See CBP Data Release.
    \21\ These three companies are the remaining non-selected 
respondents in this review that did not submit letters of no 
shipment.
    \22\ See CBP Data Release at Attachment.
    \23\ See 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, 86 FR 49509, 49510-11 
(September 3, 2021), and accompanying Issues and Decision 
Memorandum.
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Public Comment

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\24\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed no later than 
seven days after the time limit for filing case briefs.\25\ 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.\26\ Case and 
rebuttal briefs must be filed electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS) and must also be served on interested parties.
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    \24\ See 19 CFR 351.309(c)(1)(ii).
    \25\ See 19 CFR 351.309(d)(1).
    \26\ See 19 CFR 351.309(c)(2) and (d)(2); see also Temporary 
Rule Modifying AD/CVD Service Requirements Due to COVID19; 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. An electronically-filed document must be received successfully 
in its entirety in ACCESS by 5 p.m. Eastern Time within 30 days after 
the date of publication of this notice.\27\ Hearing requests should 
contain: (1) The interested 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.\28\ 
Commerce intends to issue the final results of this administrative 
review, including the results of its analysis raised in any written 
briefs, no later than 120 days after the publication of these 
preliminary results in the Federal Register, unless otherwise 
extended.\29\
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    \27\ See 19 CFR 351.310(c).
    \28\ Id.
    \29\ See section 751(a)(3)(A) of the Act; see also 19 CFR 
351.213(h).
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Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP

[[Page 61133]]

shall assess, antidumping duties on all appropriate entries covered by 
this review.\30\ 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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    \30\ See 19 CFR 351.212(b).
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    As discussed above, we are rescinding the review with respect to 
eleven companies, including the mandatory respondents. For the 
companies that were not selected for individual examination but did not 
file no shipment certifications, upon issuance of the final results, we 
will instruct CBP to assess antidumping duties at an ad valorem rate 
equal to the non-selected rate, which we preliminarily determine to be 
7.89 percent, as described above.
    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by each 
respondent which did not know that its merchandise was destined for the 
United States, and for all the companies for which we reach final 
findings of no shipments, we will instruct CBP to liquidate entries not 
reviewed at the all-others rate established in the original less-than-
fair value (LTFV) investigation (i.e., 19.50 percent) if there is no 
rate for the intermediate company(ies) involved in the transaction.

Cash Deposit Requirements

    The following cash deposit requirements will be in effect 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 the companies 
receiving the non-selected rate will be the rate established in the 
final results of this review, (except if the 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 merchandise exported by manufacturers or 
exporters not covered in this 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; (3) if 
the exporter is not a firm covered in a prior review, or the original 
investigation, but the manufacturer is, then the cash deposit rate will 
be the rate established for the most recently completed segment for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 19.50 percent, the 
all-others cash deposit rate established in the Final Determination of 
the less than fair value investigation of solar products from 
Taiwan.\31\ These cash deposit requirements, when imposed, shall remain 
in effect until further notice.
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    \31\ See Certain Crystalline Silicon Photovoltaic Products from 
Taiwan: Final Determination of Sales at Less Than Fair Value, 79 FR 
76966 (December 23, 2014).
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) 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 this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1) 
and 351.221(b)(4).

    Dated: November 1, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2021-24257 Filed 11-4-21; 8:45 am]
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