[Federal Register Volume 79, Number 144 (Monday, July 28, 2014)]
[Notices]
[Pages 43710-43711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17504]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-979]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Initiation of
Antidumping Duty New Shipper Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective July 28, 2014.
SUMMARY: The Department of Commerce (``Department'') determined that
the request described below for a new shipper review of the antidumping
duty order on crystalline silicon photovoltaic cells, whether or not
assembled into modules, (``solar cells'') from the People's Republic of
China (``PRC'') meets the statutory and regulatory requirements for
initiation. The period of review (``POR'') for the new shipper
[[Page 43711]]
review is December 1, 2013 through May 31, 2014.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6412.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2012, the Department published the antidumping duty
order on solar cells from the PRC.\1\ On June 26, 2014, pursuant to
section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the
``Act''), and 19 CFR 351.214(c), the Department received a timely
request for a new shipper review from Hengdian Group DMEGC Magnetics
Co., Ltd. (``DMEGC'').\2\ On July 9, 2014, the Department received
entry data from U.S. Customs and Border Protection (``CBP'') related to
DMEGC's request for a new shipper review.\3\ We also requested entry
documents from CBP in order to confirm certain information reported by
DMEGC. The continuation of the new shipper review will be contingent
upon confirmation of the information reported in the initiation
request.
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\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, 73 FR 73018 (December 7, 2012).
\2\ See Letter from DMEGC to the Secretary of Commerce
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: New Shipper
Review Request,'' dated June 26, 2014 (``NSR Request'') .
\3\ See Letter to All Interested Parties ``Request for a New
Shipper Review of Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled Into Modules, from the People's Republic of China 12/
01/2013-5/31/14: Hengdian Group DMEGC Magnetics Co., Ltd.,'' dated
July 11, 2014 (``CBP Data'').
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DMEGC stated that it is the producer and exporter of the subject
merchandise upon which its request for a new shipper review is based.
Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), DMEGC certified that it did not export solar cells to
the United States during the period of investigation (``POI''). In
addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), DMEGC certified that, since the initiation of
the investigation, it has never been affiliated with any PRC exporter
or producer who exported solar cells to the United States during the
POI, including those not individually examined during the
investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), DMEGC also
certified that its export activities were not controlled by the central
government of the PRC.\4\
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\4\ See NSR Request, at Exhibit 1.
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In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), DMEGC submitted documentation establishing the
following: (1) The date on which it first shipped solar cells to the
United States; (2) the volume of its first shipment; and (3) the date
of its first sale to an unaffiliated customer in the United States.\5\
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\5\ Id.
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The Department conducted a CBP database query and confirmed by
examining the results that the sale of subject merchandise that DMEGC
reported to the Department entered the United States during the POR
specified by the Department's regulations.\6\
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\6\ See 19 CFR 351.214(g)(1)(i)(B).
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Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and
based on the information on the record, the Department finds that DMEGC
meets the threshold requirements for initiation of a new shipper review
of its shipment(s) of solar cells from the PRC.\7\ However, if the
information supplied by DMEGC is later found to be incorrect or
insufficient during the course of this proceeding, the Department may
rescind the review or apply facts available pursuant to section 776 of
the Act, depending upon the facts on the record. The POR for the new
shipper review of DMEGC is December 1, 2013, through May 31, 2014.\8\
Pursuant to 19 CFR 351.221(c)(1)(i), the Department will publish the
notice of initiation of a new shipper review no later than the last day
of the month following the anniversary or semiannual anniversary month
of the order. The Department intends to issue the preliminary results
of this new shipper review no later than 180 days from the date of
initiation, and the final results of this review no later than 90 days
after the date the preliminary results are issued.\9\
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\7\ See, generally, Memorandum to the File through Abdelali
Elouaradia, Director, AD/CVD Operations, Office IV ``Initiation of
Antidumping New Shipper Review of Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules, from the People's
Republic of China: Hengdian Group DMEGC Magnetics Co., Ltd.,
Initiation Checklist,'' dated concurrently with this notice
(``Initiation Checklist'').
\8\ See 19 CFR 351.214(g)(1)(i)(B).
\9\ See section 751(a)(2)(B)(iv) of the Act.
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It is the Department's usual practice, in cases involving non-
market economies (``NME''), to require that a company seeking to
establish eligibility for an antidumping duty rate separate from the
NME-wide entity rate provide evidence of de jure and de facto absence
of government control over the company's export activities.
Accordingly, we will issue a questionnaire to DMEGC which will include
a separate rate section. The new shipper review of DMEGC will proceed
if the response provides sufficient indication that the exporter is not
subject to either de jure or de facto government control with respect
to its exports of solar cells.
We will instruct CBP to allow, at the option of the importer, the
posting, until the completion of the review, of a bond or security in
lieu of a cash deposit for certain entries of the subject merchandise
from DMEGC in accordance with section 751(a)(2)(B)(iii) of the Act and
19 CFR 351.214(e). Because DMEGC exports and produces the subject
merchandise, the sales of which form the basis of its new shipper
review request, we will instruct CBP to permit the use of a bond only
for entries of subject merchandise which DMEGC exported and produced.
Interested parties requiring access to proprietary information in
this new shipper review should submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are published in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: July 18, 2014.
Gary Taverman,
Senior Advisor, for Antidumping and Countervailing Duty Operations.
[FR Doc. 2014-17504 Filed 7-25-14; 8:45 am]
BILLING CODE 3510-DS-P