[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Pages 62049-62051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19424]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-010]
Certain Crystalline Silicon Photovoltaic Products From the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments; 2021-
2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that the
sole mandatory respondent under review sold subject merchandise at less
than normal value during the period of review (POR), February 1, 2021,
through January 31, 2022. Additionally, Commerce determines that Hubei
Trina Solar Energy Co., Ltd. (THB) and Trina Solar (Hefei) Science and
Technology Co., Ltd. (THFT) did not ship subject merchandise during the
POR.
DATES: Applicable September 8, 2023.
FOR FURTHER INFORMATION CONTACT: Krisha Hill, 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) 482-4037.
SUPPLEMENTARY INFORMATION:
Background
On March 9, 2023, Commerce published the Preliminary Results of
this review in the Federal Register and invited interested parties to
comment on those results.\1\ For details regarding the events that
occurred subsequent to publication of the Preliminary Results, see the
Issues and Decision Memorandum.\2\ Commerce conducted this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).
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\1\ See Certain Crystalline Silicon Photovoltaic Products from
the People's Republic of China: Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of Antidumping
Administrative Review, and Preliminary Determination of No
Shipments; 2021-2022, 88 FR 14602 (March 9, 2023) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2021-2022 Antidumping Duty Administrative
Review of Certain Crystalline Silicon Photovoltaic Products from the
People's Republic of China,'' (Issues and Decision Memorandum),
dated concurrently with, and hereby adopted by, this notice.
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Scope of the Order \3\
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\3\ See Certain Crystalline Silicon Photovoltaic Products from
the People's Republic of China: Antidumping Duty Order; and Amended
Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 80 FR 8592 (February 18, 2015) (Order).
For a complete description of the scope of the Order, see the Issues
and Decision Memorandum.
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The products covered by the Order are certain crystalline silicon
photovoltaic products (solar products) from the People's Republic of
China (China). Merchandise covered by the Order is currently classified
in the Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 8501710000, 8501721000, 8501722000, 8501723000, 8501729000,
8501801000, 8501802000, 8501803000, 8501809000, 8507208031, 8507208041,
8507208061, 8507208091, 8541420010, and 8541430010. These HTSUS
subheadings are provided for convenience and customs purposes; the
written description of the scope of the Order is dispositive.
[[Page 62050]]
Analysis of Comments Received
We addressed all the issues raised in the case and rebuttal briefs
in the Issues and Decision Memorandum. A list of the issues that
parties raised, and to which we responded in the Issues and Decision
Memorandum, is provided in an 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, we corrected a
conversion error pertaining the truck freight surrogate value applied
to solar cells \4\ and valued labor using data from the Republic of
Turkey, rather than Malaysia.\5\
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\4\ See Issues and Decision Memorandum at Comment 1.
\5\ Id. at Comment 5.
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Final Determination of No Shipments
In the Preliminary Results, Commerce determined that THB and THFT
did not sell or export subject merchandise to, nor was their subject
merchandise entered into, the United States during the POR.\6\
Interested parties did not comment on Commerce's ``no shipments''
determination. Because we have no basis to reconsider this
determination, Commerce has continued to determine that THB and THFT
did not sell or export subject merchandise to, nor was their subject
merchandise entered into, the United States during the POR.
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\6\ See Preliminary Results PDM at 5.
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Separate Rates
In the Preliminary Results, Commerce determined that Trina,\7\ the
sole mandatory respondent under review, demonstrated its eligibility
for a separate rate. Interested parties did not comment on Commerce's
separate rate determination. Because we have no basis to reconsider
this determination, Commerce has continued to determine that Trina is
eligible for a separate rate.
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\7\ Trina refers to the single entity comprising the following
companies: Trina Solar (Changzhou) Science & Technology Co., Ltd.,
Trina Solar Co., Ltd., Yancheng Trina Guoneng Photovoltaic
Technology Co., Ltd. (a.k.a. Yancheng Trina Solar Guoneng Science &
Technology Co., Ltd.), Trina Solar Yiwu Technology Co., Ltd., Trina
Solar (Su Qian) Technology Co., Ltd., Trina Solar (Yancheng Dafeng)
Co., Ltd., Changzhou Trina Hezhong Photoelectric Co., Ltd. (a.k.a.
Changzhou Trina Hezhong PV Co., Ltd.), Changzhou Trina Solar Yabang
Energy Co., Ltd., and Turpan Trina Solar Energy Co., Ltd. Commerce
determined that these companies are affiliated within the meaning of
771(33)(F) of the Act, and should be treated as a single entity, in
accordance with 19 CFR 351.401(f). See Preliminary Results PDM at 5-
6; see also Memorandum, ``Antidumping Duty Administrative Review of
Certain Crystalline Silicon Photovoltaic Products from the People's
Republic of China: Preliminary Affiliation and Collapsing
Memorandum,'' dated February 28, 2023. Commerce received no comments
regarding the determination of affiliation among these companies.
Accordingly, Commerce continues to find these companies are
affiliated and continues to treat them as a single entity.
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Final Results of Review
We are assigning the following weighted-average dumping margin to
the firms listed below for the period February 1, 2021, through January
31, 2022:
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Weighted-
average
Exporter dumping margin
(percent)
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Trina Solar (Changzhou) Science & Technology Co., Ltd./ 10.50
Trina Solar Co., Ltd./Yancheng Trina Guoneng
Photovoltaic Technology Co., Ltd. (a.k.a. Yancheng
Trina Solar Guoneng Science & Technology Co., Ltd.)/
Trina Solar Yiwu Technology Co., Ltd./Trina Solar (Su
Qian) Technology Co., Ltd./Trina Solar (Yancheng
Dafeng) Co., Ltd./Changzhou Trina Hezhong Photoelectric
Co., Ltd. (a.k.a. Changzhou Trina Hezhong PV Co., Ltd.)/
Changzhou Trina Solar Yabang Energy Co., Ltd./Turpan
Trina Solar Energy Co., Ltd............................
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Disclosure
Commerce intends to disclose to parties to the proceeding the
calculations performed for these final results of review within five
days of the date of publication of this notice in the Federal Register
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),
Commerce will determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise covered by the final results of this review. Commerce
intends to issue assessment instructions to CBP no earlier than 35 days
after the date of publication date 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).
Commerce will calculate importer-specific assessment rates for
antidumping duties, in accordance with 19 CFR 351.212(b)(1). Trina
reported reliable entered values. Thus, Commerce intends to calculate
importer-specific ad valorem assessment rates by aggregating the amount
of dumping calculated for all U.S. sales to the importer and dividing
this amount by the total entered value of the merchandise sold to the
importer.\8\ Where an importer-specific ad valorem assessment rate is
not zero or de minimis, Commerce will instruct CBP to collect the
appropriate duties at the time of liquidation. However, where an
importer specific ad valorem assessment rate is zero or de minimis,
Commerce will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.
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\8\ See 19 CFR 351.212(b)(1).
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For entries that were not reported in the U.S. sales database
submitted by Trina, but that were entered under its case number (i.e.,
at Trina's cash deposit rate), Commerce will instruct CBP to liquidate
such entries at the China-wide entity rate (i.e., 152.84 percent).\9\
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\9\ See Order, 80 FR at 8595; see also instructions issued to
CBP following publication of the Order, Message Number 5061301
(listing the China-wide entity's cash deposit rate as 152.84
percent), dated 03/02/2015, publicly available at https://aceservices.cbp.dhs.gov/adcvdweb/#.
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Additionally, for the companies that Commerce determined did not
ship subject merchandise during the POR, any suspended entries under
the
[[Page 62051]]
company's case number will be liquidated at the China-wide entity rate.
Cash Deposit Requirements
The following cash deposit requirements will be in effect for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on, or after, the date of publication of this notice in
the Federal Register, as provided for by section 751(a)(2)(C) of the
Act: (1) the cash deposit rate for Trina will be equal to the weighted-
average dumping margin that is listed for Trina in the table above; (2)
for a previously investigated or reviewed exporter of subject
merchandise that is not listed in the table above that has a separate
rate, the cash deposit rate will continue to be the exporter's existing
cash deposit rate; (3) for all China exporters of subject merchandise
that do not have a separate rate, the cash deposit rate will be equal
to the weighted-average dumping margin assigned to the China-wide
entity, which is 152.84 percent; and (4) for a non-China exporter of
subject merchandise that does not have a separate rate, the cash
deposit rate will be equal to the weighted-average dumping margin
applicable to the China exporter(s) that supplied that non-China
exporter.
These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice also 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 and/or countervailing duties
prior to liquidation of the relevant entries during the POR. Failure to
comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties and/or
antidumping duties increased by the amount of the countervailing
duties.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305, which continues to govern business proprietary information in
this segment of the proceeding. Timely written notification of the
return or destruction of APO materials, or conversion to judicial
protective order, is hereby requested. Failure to comply with the
regulations and terms of an APO is a violation which is subject to
sanction.
Notification to Interested Parties
We are issuing these final results of administrative review and
publishing this notice in accordance with sections 751(a)(1) and 777(i)
of the Act and 19 CFR 351.213(h)(2) and 351.221(b)(5).
Dated: September 1, 2023.
Lisa W. Wang,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Erred in its Calculations
Comment 2: Whether to Adjust Trina's U.S. Prices for Domestic
Subsidies
Comment 3: Whether to Include Additional Subsidy Programs in the
Export Subsidy Offset Calculation
Comment 4: The Appropriate Surrogate Value for Coated Glass
Comment 5: The Appropriate Surrogate Value for Labor
VI. Recommendation
[FR Doc. 2023-19424 Filed 9-7-23; 8:45 am]
BILLING CODE 3510-DS-P