[Federal Register Volume 79, Number 111 (Tuesday, June 10, 2014)]
[Notices]
[Pages 33174-33176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13510]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-011]
Certain Crystalline Silicon Photovoltaic Products From the
People's Republic of China: Preliminary Affirmative Countervailing Duty
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of certain crystalline silicon photovoltaic
products (certain solar products) from the People's Republic of China
(PRC). The period of investigation is January 1, 2012, through December
31, 2012. The final determination will be issued 75 days after the date
of this preliminary determination unless otherwise extended. Interested
parties are invited to comment on this preliminary determination.
DATES: Effective Date: June 10, 2014.
FOR FURTHER INFORMATION CONTACT: Gene Calvert or Justin Neuman, Office
VII, AD/CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230;
[[Page 33175]]
telephone: (202) 482-3586 and (202) 482-0486, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The merchandise covered by this investigation is crystalline
silicon photovoltaic cells, and 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 this investigation, subject merchandise also
includes modules, laminates and/or panels assembled in the subject
country consisting of crystalline silicon photovoltaic cells that are
completed or partially manufactured within a customs territory other
than that subject country, using ingots that are manufactured in the
subject country, wafers that are manufactured in the subject country,
or cells where the manufacturing process begins in the subject country
and is completed in a non-subject country.
Subject merchandise includes crystalline silicon photovoltaic cells
of thickness equal to or greater than 20 micrometers, having a p/n
junction formed by any means, whether or not the cell has undergone
other processing, including, but not limited to, cleaning, etching,
coating, and/or addition of materials (including, but not limited to,
metallization and conductor patterns) to collect and forward the
electricity that is generated by the cell.
Excluded from the scope of this investigation are thin film
photovoltaic products produced from amorphous silicon (a-Si), cadmium
telluride (CdTe), or copper indium gallium selenide (CIGS). Also,
excluded from the scope of this investigation are any products covered
by the existing antidumping and countervailing duty orders on
crystalline silicon photovoltaic cells, whether or not assembled into
modules, from the People's Republic of China.\1\
---------------------------------------------------------------------------
\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People's Republic of China: Amended
Final Determination of Sales at Less Than Fair Value, and
Antidumping Duty Order, 77 FR 73018 (December 7, 2012); Crystalline
Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules,
From the People's Republic of China: Countervailing Duty Order, 77
FR 73017 (December 7, 2012).
---------------------------------------------------------------------------
Also excluded from the scope of this investigation are crystalline
silicon photovoltaic cells, not exceeding 10,000 mm\2\ in surface area,
that are permanently integrated into a consumer good whose function is
other than power generation and that consumes the electricity generated
by the integrated crystalline silicon photovoltaic cell. Where more
than one cell is permanently integrated into a consumer good, the
surface area for purposes of this exclusion shall be the total combined
surface area of all cells that are integrated into the consumer good.
Merchandise covered by this investigation is currently classified
in the Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060,
8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS
subheadings are provided for convenience and customs purposes; the
written description of the scope of this investigation is dispositive.
Methodology
The Department is conducting this countervailing duty investigation
in accordance with section 701 of the Tariff Act of 1930, as amended
(the Act). For a full description of the methodology underlying our
preliminary conclusions, including our reliance, in part, on adverse
facts available, see the Preliminary Decision Memorandum.\2\ 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 (IA ACCESS).
IA ACCESS is available to registered users at http://iaaccess.trade.gov, and is available to all parties in the Central
Records Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\2\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance
regarding ``Decision Memorandum for the Preliminary Determination in
the Countervailing Duty Investigation of Certain Crystalline Silicon
Photovoltaic Products from the People's Republic of China,'' dated
concurrently with this notice (Preliminary Decision Memorandum). A
list of topics discussed in the Preliminary Decision Memorandum can
be found as an appendix to this notice.
---------------------------------------------------------------------------
Preliminary Determination and Suspension of Liquidation
In accordance with section 703(d)(1)(A)(i) of the Act, we determine
separate subsidy rates for the individually-investigated producers/
exporters of the subject merchandise, Wuxi Suntech Power Co., Ltd. and
its cross-owned companies and Changzhou Trina Solar Energy Co., Ltd.
and its cross-owned company.\3\ We also calculated an all-others rate.
In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for
companies not individually investigated, we apply an ``all-others''
rate, which is normally calculated by weighting the subsidy rates of
the individual companies selected as mandatory respondents by those
companies' exports of the subject merchandise to the United States.
Under section 705(c)(5)(A)(i) of the Act, the all-others rate should
exclude zero and de minimis rates calculated for the exporters and
producers individually investigated as well as rates based entirely on
facts otherwise available. Where the rates for the investigated
companies are all zero or de minimis, or based entirely on facts
otherwise available, section 705(c)(5)(A)(ii) of the Act instructs the
Department to establish an all-others rate using ``any reasonable
method.'' Notwithstanding the language of section 705(c)(5)(A)(i) of
the Act, we have not calculated the ``all-others'' rate by weight
averaging the rates of the two individually investigated respondents,
because doing so risks disclosure of proprietary information.
Therefore, and consistent with the Department's practice where such
risk exists, for the ``all-others'' rate, we calculated a simple
average of the two responding firms' rates.\4\ The overall preliminary
subsidy rates are summarized in the table below:
---------------------------------------------------------------------------
\3\ For a full list of the examined cross-owned companies, see
the Preliminary Decision Memorandum.
\4\ See, e.g., Hardwood and Decorative Plywood from the People's
Republic of China: Final Affirmative Countervailing Duty
Determination; 2011, 78 FR 58283 (September 23, 2013).
------------------------------------------------------------------------
Subsidy
Company rate (%)
------------------------------------------------------------------------
Wuxi Suntech Power Co., Ltd.................................. 35.21
Changzhou Trina Solar Energy Co., Ltd........................ 18.56
All Others................................................... 26.89
------------------------------------------------------------------------
In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we
are directing U.S. Customs and Border Protection (CBP) to suspend
liquidation of all entries of certain solar products from the PRC that
are entered, or withdrawn from warehouse, for consumption on or after
the date of the publication of this notice in the Federal Register, and
to require a cash deposit
[[Page 33176]]
for such entries of merchandise in the amounts indicated above.
Verification
As provided in section 782(i)(1) of the Act, we intend to verify
the information submitted by the respondents prior to making our final
determination.
Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with this preliminary
determination within five days of its public announcement.\5\
Interested parties may submit case and rebuttal briefs, as well as
request a hearing.\6\ For a schedule of the deadlines for filing case
briefs, rebuttal briefs, and hearing requests, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
---------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 703(f) of the Act, we will notify the
International Trade Commission (ITC) of our determination. In addition,
we are making available to the ITC all non-privileged and non-
proprietary information relating to this investigation. We will allow
the ITC access to all privileged and business proprietary information
in our files, provided the ITC confirms that it will not disclose such
information, either publicly or under an administrative protective
order, without the written consent of the Assistant Secretary for
Enforcement and Compliance.
In accordance with section 705(b)(2) of the Act, if our final
determination is affirmative, the ITC will make its final determination
within 45 days after the Department makes its final determination.
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: June 2, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Respondent Selection
VI. Injury Test
VII. Application of the Countervailing Duty Law to Imports From the
PRC
VIII. Subsidies Valuation
IX. Benchmarks and Discount Rates
X. Use of Facts Otherwise Available and Adverse Inferences
XI. Analysis of Programs
XII. ITC Notification
XIII. Disclosure and Public Comment
XIV. Verification
XV. Conclusion
[FR Doc. 2014-13510 Filed 6-9-14; 8:45 am]
BILLING CODE 3510-DS-P