[Federal Register Volume 79, Number 144 (Monday, July 28, 2014)]
[Notices]
[Pages 43713-43715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17730]
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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: Amended Partial
Rescission of Antidumping Duty Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce is rescinding the administrative
review of the antidumping duty order on crystalline silicon
photovoltaic cells, whether or not assembled into modules, from the
People's Republic of China covering the period May 25, 2012, through
November 30, 2013 for the companies listed in Appendix I of this
notice. The version of the partial rescission notice signed on June 24,
2014, contained a number of errors which this amended partial
rescission notice corrects.\1\ This amended partial rescission notice
takes the place of the
[[Page 43714]]
prior version and is being published in its place.
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\1\ In the version of the partial rescission notice signed on
June 24, 2014, the Department inadvertently rescinded the review of
Shenzen Topray Co., Ltd. and Spray Energy Co., Ltd., for which all
review requests were not withdrawn and did not rescind the review of
LDK Solar Hi-tech (Nanchang) Co., Ltd. for which all review requests
were timely withdrawn.
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DATES: Effective Date: July 28, 2014.
FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Drew Jackson, AD/
CVD Operations, Office IV, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-
0182 or (202) 482-4406, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2012, the Department of Commerce published in the
Federal Register 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).\2\ On December 3,
2013, the Department published a notice of opportunity to request an
administrative review of the antidumping duty order on solar cells.\3\
The Department received multiple timely requests for an administrative
review and on February 3, 2014, in accordance with section 751(a) of
Tariff Act of 1930, as amended (the Act), the Department published in
the Federal Register a notice of the initiation of an administrative
review of that order.\4\ The administrative review was initiated with
respect to 145 companies or groups of companies, and covers the period
from May 25, 2012, through November 30, 2013. While there are a number
of companies which remain under review, the requesting parties have
timely withdrawn all review requests for certain companies, as
discussed below.
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\2\ 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).
\3\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 78 FR 72636 (December 3, 2013).
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 79 FR
6147 (February 3, 2014) (Initiation Notice).
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Rescission of Review, in Part
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an
administrative review, in whole or in part, if the party that requested
the review withdraws its request within 90 days of the date of
publication of the notice of initiation of the requested review. All
requesting parties withdrew their respective requests for an
administrative review of the entities listed in Appendix I within 90
days of the date of publication of the Initiation Notice. The entities
listed in Appendix I had a separate rate granted in the most recently
completed segment of this proceeding in which they were under review.
Accordingly, the Department is rescinding this review, in part, with
respect to these entities, in accordance with 19 CFR 351.213(d)(1).\5\
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\5\ See Appendix I.
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Companies That Have Not Demonstrated Eligibility for a Separate Rate
In addition to the companies noted above, all review requests were
timely withdrawn for other companies that are currently under review
that either do not have a separate rate because they have never been
reviewed or did not demonstrate eligibility for a separate rate in the
most recently completed segment of this proceeding in which they were
under review. Therefore, these companies will continue to be subject to
the PRC-wide entity rate. While the requests for review of those
companies were withdrawn by all parties, those withdrawn companies are
part of the PRC-wide entity which could come under review in this
segment of the proceeding. If the PRC-wide entity comes under review we
will make a determination with respect to the PRC-wide entity at the
final results. A complete list of these entities without separate rates
is contained in Appendix II.
Assessment
For the entities in Appendix I for which the Department has
rescinded this review and which had a separate rate granted in the most
recently completed segment of this proceeding in which they were under
review, the Department intends to issue appropriate assessment
instructions directly to U.S. Customs and Border Protection 15 days
after the publication of this notice in the Federal Register. For these
entities, antidumping duties shall be assessed on period of review
entries at rates equal to the cash deposit of estimated antidumping
duties required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i).
For the entities in Appendix II, which are part of the PRC-wide
entity during the instant review period (i.e., have not established
their eligibility for a separate rate), the Department will issue
assessment instructions 15 days after publication of the final results
of this review.
Notification to Importers
This notice serves as a final reminder to importers whose entries
will be liquidated as a result of this rescission notice 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 the Secretary's assumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Orders (APOs)
This notice also serves as a reminder to parties subject to APOs of
their responsibility concerning the return or destruction of
proprietary information disclosed under an APO in accordance with 19
CFR 351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return/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.
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: July 16, 2014.
Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations.
Appendix I
The following companies, which were named in our Initiation
Notice, had a separate rate granted in the most recently completed
segment of this proceeding in which they were under review.
Subsequently, interested parties timely withdrew all requests for
review of these companies. Therefore, pursuant to 19 CFR
351.213(d)(1), we are rescinding this administrative review with
respect to these companies:
CEEG (Shanghai) Solar Science Technology Co., Ltd.
CEEG Nanjing Renewable Energy Co., Ltd.
China Sunergy (Nanjing) Co., Ltd.
CNPV Dongying Solar Power Co., Ltd.
Hanwha SolarOne (Qidong) Co., Ltd.
JA Solar Technology Yangzhou Co., Ltd.
Jetion Solar (China) Co., Ltd.
Jiawei Solarchina Co. (Shenzhen), Ltd.
JingAo Solar Co., Ltd.
LDK Solar Hi-tech (Nanchang) Co., Ltd.
Lightway Green New Energy Co., Ltd.
Ningbo Komaes Solar Technology Co., Ltd.
Risen Energy Co, Ltd.
Shanghai JA Solar Technology Co., Ltd.
Shanghai Solar Energy Science & Technology Co., Ltd.
[[Page 43715]]
tenKsolar (Shanghai) Co., Ltd.
Yuhuan Sinosola Science & Technology Co., Ltd.\6\
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\6\ The Department notes that it initiated a review of Yuhan
Sinosola Science & Technology Co., Ltd. However, the the U.S.
Customs and Border Protection's ACE Secure Data Portal reflects a
rate for Yuhuan Sinosola Science & Technology Co., Ltd.
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Yuhuan Solar Energy Source Co., Ltd.
Appendix II
The following companies, which were named in our Initiation
Notice, either do not have a separate rate because they have never
been reviewed or were not granted a separate rate in the most
recently completed segment of this proceeding in which they were
under review. Therefore, these companies will continue to be subject
to the PRC-wide entity rate. Although interested parties timely
withdrew all requests for review of these companies, the companies
are part of the PRC-wide entity which could come under review in
this segment of the proceeding. If the PRC-wide entity comes under
review, we will make a determination with respect to the PRC-wide
entity at the final results.
Aiko Solar
Amplesun Solar
Beijing Hope Industry
Best Solar Hi-tech
China Sunergy
Chinalight Solar
Dai Hwa Industrial
EGing
ENN Solar Energy
General Solar Power
Golden Partner Development
Goldpoly (Quanzhou)
Hairun Photovoltaics Technology Co., Ltd.
Hareon Solar Technology
HC Solar Power Co., Ltd.
Jia Yi Energy Technology
Jiangxi Green Power Co. Ltd.
Jiasheng Photovoltaic Tech
Jiawei Solar Holding
Jiutai Energy
Linuo Photovoltaic
Perfectenergy
Polar Photovoltaics
Qiangsheng (QS Solar)
QXPV (Ningbo Qixin Solar Electrical Appliance Co., Ltd)
Refine Solar
Risun Solar (JiangXi Ruijing Solar Power Co., Ltd)
Sanjing Silicon
Shanghai Chaori Solar Energy
Shangpin Solar
Shanshan Ulica
Shenzhen Global Solar Energy Tech
Shuqimeng Energy Tech
Skybasesolar
Solargiga Energy Holdings Ltd.
Sunflower
Sunlink PV
Sunvim Solar Technology
Tainergy Tech
Tianjin Jinneng Solar Cell
Topray
Topsolar
Trony
Weihai China Glass Solar
Wuxi Sunshine Power Co., Ltd.
Wuxi University Science Park International Incubator Co.,
Ltd.
Yunnan Tianda
Yunnan Zhuoye Energy
Zhejiang Leye Photovoltaic Science & Technology Co., Ltd.
Zhejiang Top Point Photovoltaic Co., Ltd.
Zhejiang Wanxiang Solar Co, Ltd.
Zhenjiang Huantai Silicon Science & Technology Co., Ltd.
[FR Doc. 2014-17730 Filed 7-25-14; 8:45 am]
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