[Federal Register Volume 79, Number 163 (Friday, August 22, 2014)]
[Notices]
[Pages 49754-49755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20002]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-853]
Certain Crystalline Silicon Photovoltaic Products From Taiwan:
Notice of Amended Preliminary Determination of Sales at Less Than Fair
Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: August 22, 2014.
SUMMARY: The Department of Commerce (``Department'') has determined
that it made certain significant ministerial errors in the preliminary
determination of sales at less than fair value in the antidumping duty
investigation of certain crystalline silicon photovoltaic products from
Taiwan, as described below in the ``Supplementary Information'' section
of this notice. The Department corrected these errors and has
recalculated the weighted-average dumping margin for a mandatory
respondent and the all-others rate, as described below in the ``Amended
Preliminary Determination'' section of this notice.
FOR FURTHER INFORMATION CONTACT: Magd Zalok or James Martinelli,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: 202-482-4162 or 202-482-2923,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 31, 2014, the Department published its affirmative
preliminary determination that certain crystalline silicon photovoltaic
products from Taiwan are being, or are likely to be, sold in the United
States at less than fair value, as provided by section 733 of the
Tariff Act of 1930, as amended (the ``Act'').\1\
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\1\ See Certain Crystalline Silicon Photovoltaic Products From
Taiwan: Affirmative Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final Determination, 79 FR 44,395
(July 31, 2014) (``Preliminary Determination'').
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On July 30, 2014, Motech Industries, Inc. (``Motech''), a mandatory
respondent in this investigation, submitted a timely ministerial error
allegation with respect to the Preliminary Determination. In addition,
on August 4, 2014, SolarWorld Industries America, Inc. (``Petitioner'')
and tenKsolar (Shanghai) Co., Ltd. (``tenKsolar''), an exporter of
Chinese panels that were made of cells produced in Taiwan during the
period of investigation, submitted timely ministerial error
allegations. Therefore, in accordance with 19 CFR 351.224(e), we have
made changes, as discussed below, to the Preliminary Determination.
Period of Investigation
The period of investigation (``POI'') is October 1, 2012 through
September 30, 2013.
Scope of Investigation
The merchandise covered by these investigations 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 these investigations, subject
merchandise also includes modules, laminates and/or panels
[[Page 49755]]
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 these investigations 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 these investigations 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.\2\ Also excluded from the
scope of these investigations 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.
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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); 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).
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Merchandise covered by these investigations 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 these investigations is
dispositive.
Significant Ministerial Errors
Ministerial errors are defined in 19 CFR 351.224(f) as ``errors in
addition, subtraction, or other arithmetic function, clerical errors
resulting from inaccurate copying, duplication, or the like, and any
other type of unintentional error which the {Department{time}
considers ministerial.'' \3\ Section 351.224(e) of the Department's
regulations provides that the Department ``will analyze any comments
received and, if appropriate, correct any significant ministerial error
by amending the preliminary determination . . .'' \4\ A significant
ministerial error is defined as a ministerial error, the correction of
which, either singly or in combination with other errors, would result
in (1) a change of at least five absolute percentage points in, but not
less than 25 percent of, the weighted-average dumping margin calculated
in the original (erroneous) preliminary determination, or (2) a
difference between a weighted-average dumping margin of zero (or de
minimis) and a weighted-average dumping margin of greater than de
minimis or vice versa.\5\
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\3\ See 19 CFR 351.224(f).
\4\ See 19 CFR 351.224(e).
\5\ See 19 CFR 351.224(g).
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In accordance with 19 CFR 351.224(e) and (g)(1), the Department is
amending the preliminary determination of sales at less than fair value
in the antidumping duty investigation of certain crystalline silicon
photovoltaic products from Taiwan to reflect the corrections of
significant ministerial errors it made in the margin calculation for
Motech, a mandatory respondent in this investigation.\6\ As a result of
these corrections, the Department has also amended the all others
rate.\7\
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\6\ See also Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, ``Amended Preliminary Determination of Certain
Crystalline Silicon Photovoltaic Products from Taiwan: Ministerial
Error Memorandum (``Ministerial Error Memo''), which is hereby
adopted to this notice.
\7\ See Memorandum to the File from James Martinelli,
International Trade Compliance Analyst, AD/CVD Operations, Office
IV, Enforcement and Compliance, regarding ``Antidumping
Investigation of Certain Crystalline Silicon Photovoltaic Products
from Taiwan: Calculation of the All Others Rate'' (August 15, 2014).
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Ministerial Error Allegations
For a complete analysis of the ministerial error allegations, see
the Ministerial Error Memo.
Amended Preliminary Determination
As a result of this amended preliminary determination, we have
revised the preliminary weighted-average dumping margin for Motech and
all others as follows:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Motech Industries, Inc...................................... 20.86
Gintech Energy Corporation.................................. 27.59
All Others.................................................. 24.23
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The collection of cash deposits and suspension of liquidation will
be revised according to the rates calculated in these amended
preliminary results. Because these amended rates result in reduced cash
deposits, they will be effective retroactively to July 31, 2014, the
date of publication of the Preliminary Determination, and parties will
be notified of this determination, in accordance with section 733(d)
and (f) of the Act. International Trade Commission
Notification
In accordance with section 733(f) of the Act, we notified the
International Trade Commission (``ITC'') of our amended preliminary
determination.
Notification to Interested Parties
The Department intends to disclose calculations performed in
connection with this amended preliminary determination within five days
of the date of publication of this notice in accordance with 19 CFR
351.224(b).
This amended preliminary determination is issued and published in
accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR
351.224(e).
Dated: August 15, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-20002 Filed 8-21-14; 8:45 am]
BILLING CODE 3510-DS-P