[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Notices]
[Pages 14331-14332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04756]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-011]


Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China: Preliminary Results of Countervailing Duty 
Administrative Review; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies were provided to a producer 
and/or exporter of certain crystalline silicon photovoltaic products 
(solar products) from the People's Republic of China (China) during the 
period of review (POR) January 1, 2021, through December 31, 2021. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable March 8, 2023.

FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-8356.

SUPPLEMENTARY INFORMATION: 

Background

    On April 12, 2022, Commerce initiated this administrative review of 
the countervailing duty (CVD) order on solar products from China.\1\ 
The sole mandatory company respondent is Trina Solar (Changzhou) 
Science & Technology Co., Ltd. (Trina Solar). On January 24, 2023, 
Commerce extended the time limit for these preliminary results to 
February 28, 2023.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 21619 (April 12, 2022).
    \2\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review,'' dated 
October 17, 2022; see also Memorandum, ``Extension of Deadline for 
Preliminary Results of 2021 Countervailing Duty Administrative 
Review,'' dated January 24, 2023.
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    For a complete description of the events that followed the 
initiation of the review, see the Preliminary Decision Memorandum.\3\ A 
list of topics discussed in the Preliminary Decision Memorandum is 
included 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 System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade/gov/public/FRNoticesListLayout.aspx.
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review, Certain 
Crystalline Silicon Photovoltaic Products from the People's Republic 
of China; 2021,'' 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 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. For purposes of the order, subject 
merchandise includes modules, laminates and/or panels assembled in 
China consisting of crystalline silicon photovoltaic cells produced in 
a customs territory other than China. For a complete description of the 
scope of this order, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). For each of the subsidy programs preliminarily found to be 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e., a financial contribution from an authority that gives 
rise to a benefit to the recipient and that the subsidy is specific.\4\ 
For a full description of the methodology underlying Commerce's 
preliminary conclusions, including Commerce's reliance, in part, on 
facts available with adverse inferences pursuant to sections 776(a) and 
(b) of the Act, see the Preliminary Decision Memorandum.
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    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Preliminary Results of Review

    Commerce preliminarily determines the net countervailable subsidy 
rate for

[[Page 14332]]

the period January 1, 2021, through December 31, 2021:
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    \5\ This rate applies to Trina Solar (Changzhou) Science & 
Technology Co., Ltd. and its cross-owned companies: Yancheng Trina 
Solar Guoneng Science & Technology Co., Ltd.; Trina Solar (Su Qian) 
Technology Co., Ltd.; Trina Solar Yiwu Technology Co., Ltd.; Trina 
Solar Co., Ltd.; Trina Solar (Yancheng Dafeng) Co., Ltd.; Trina 
Solar Science & Technology (Yancheng) Co., Ltd.; Trina Solar 
(Suqian) Optoelectronics Co., Ltd.; Trina Solar (Changzhou) 
Optoelectronic Device Co., Ltd.; Changzhou Trina Solar Yabang Energy 
Co., Ltd.; Hubei Trina Solar Energy Co., Ltd.; Turpan Trina Solar 
Energy Co., Ltd.; Trina Solar (Hefei) Science and Technology Co., 
Ltd.; Changzhou Hesai PV Ribbon Materials Co., Ltd.; Changzhou Hewei 
New Material Technology Co., Ltd.; Changzhou Trina Hezhong PV Co., 
Ltd.; and Changzhou Trina PV Ribbon Materials Co., Ltd.

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                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Trina Solar (Changzhou) Science & Technology Co., Ltd               8.75
 \5\....................................................
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Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), Commerce preliminarily 
assigned a subsidy rate in the amount for the producer/exporter shown 
above. Upon completion of the administrative review, consistent with 
section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
countervailing duties on all appropriate entries covered by this 
review. 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 Rates

    Pursuant to section 751(a)(1) of the Act, Commerce intends to 
instruct CBP to collect cash deposits in the amounts indicated for the 
producer/exporter listed above with regard to shipments of subject 
merchandise entered or withdrawn from warehouse, for consumption on or 
after the date of publication of the final results of this review. For 
all non-reviewed firms, CBP will continue to collect cash deposits of 
estimated countervailable duties at the all-others rate or the most 
recent company-specific rate applicable to the company, as appropriate. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed in reaching the preliminary results within five days of 
publication of these preliminary results, in accordance with 19 CFR 
351.224(b).

Public Comment

    Case briefs or other written documents may be submitted to the 
Assistant Secretary for Enforcement and Compliance.\6\ A timeline for 
the submission of case and rebuttal briefs and written comments will be 
provided to interested parties at a later date.
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    \6\ See 19 CFR 351.309(c) and (d).
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    Pursuant to 19 CFR 351.301(c) and (d)(2), parties who wish to 
submit case or rebuttal briefs in this review are requested to submit 
for each argument: (1) a statement of the issue; (2) a brief summary of 
the argument; and (3) a table of authorities. All briefs must be filed 
electronically using ACCESS. Note that Commerce has modified certain of 
its requirements for serving documents containing business proprietary 
information, until further notice.\7\
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    \7\ 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, limited to issues raised in the case and rebuttal 
briefs, must do so within 30 days after the date of publication of this 
notice by submitting a written request to the Assistant Secretary for 
Enforcement and Compliance.\8\ Requests should contain: (1) the party's 
name, address, and telephone number; (2) the number of participants and 
whether a participant is a foreign national; and (3) a list of the 
issues to be discussed. If a hearing request is made, Commerce intends 
to hold the hearing at a time and date to be determined. Parties should 
confirm by telephone the date, time, and location of the hearing two 
days before the scheduled date.
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    \8\ See 19 CFR 351.310(c).
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    Unless the deadline is extended, Commerce intends to issue the 
final results of this administrative review, which will include the 
results of Commerce's analysis of the issues raised in the case briefs, 
within 120 days after the date of the preliminary results, pursuant to 
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Interested Parties

    These preliminary results are issued and published pursuant to 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Diversification of China's Economy
VI. Subsidies Valuation
VII. Interest Rate Benchmarks, Discount Rates, and Benchmarks for 
Measuring the Adequacy of Remuneration
VIII. Use of Facts Otherwise Available and Application of Adverse 
Inferences
IX. Analysis of Programs
X. Recommendation

[FR Doc. 2023-04756 Filed 3-7-23; 8:45 am]
BILLING CODE 3510-DS-P