[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Notices]
[Pages 22164-22165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09206]
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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: Preliminary
Rescission of 2013--2014 Antidumping Duty New Shipper Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
a new shipper review (``NSR'') 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'').
The NSR covers one exporter and producer of subject merchandise,
Hengdian Group DMEGC Magnetics Co., Ltd. (``DMEGC''). The period of
review (``POR'') is December 1, 2013, through May 31, 2014. The
Department preliminarily determines that DMEGC's sale to the United
States was not bona fide; therefore, we are preliminarily rescinding
this NSR. Interested parties are invited to comment on the preliminary
results of this review.
DATES: Effective: April 21, 2015.
FOR FURTHER INFORMATION CONTACT: Jeffrey Pedersen, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-2769.
SUPPLEMENTARY INFORMATION:
Background
On July 28, 2014, the Department published a notice of initiation
of a new shipper review of the antidumping duty order on solar cells
from the PRC.\1\ The Department subsequently issued an antidumping duty
questionnaire, and supplemental questionnaires, to DMEGC and received
timely responses thereto. Also, interested parties submitted comments
on surrogate country and surrogate value selection. The Department
extended the deadline for issuing the preliminary results of this
review until April 7, 2015.\2\
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\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People's Republic of China:
Initiation of Antidumping Duty New Shipper Review, 79 FR 43710 (July
28, 2014).
\2\ See the memoranda to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, from
Jeff Pedersen, International Trade Analyst, Office IV, Antidumping
and Countervailing Duty Operations, entitled, ``Extension of
Deadline for Preliminary Results of Antidumping Duty New Shipper
Review'' dated January 13, 2015 and February 11, 2015 and the
memorandum to Gary Taverman, Associate Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations, from Valerie
Ellis, International Trade Analyst, Office IV, Antidumping and
Countervailing Duty Operations, entitled, ``Extension of Deadline
for Preliminary Results of Antidumping Duty New Shipper Review''
dated March 16, 2015.
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Scope of the Order
The merchandise covered by the order is crystalline silicon
photovoltaic cells, and modules, laminates, and panels, consisting of
crystalline silicon photovoltaic cells, whether or not partially or
fully assembled into other products, including, but not limited to,
modules, laminates, panels and building integrated materials.\3\
Merchandise covered by this review is classifiable under subheadings
8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000
of the Harmonized Tariff Schedule of the United States (``HTSUS'').
Although the HTSUS subheadings are provided for convenience and customs
purposes, our written description of the scope of the order is
dispositive.
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\3\ For a complete description of the scope of the order, see
Memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Operations, to Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance,
entititled ``Preliminary Rescission of the 2013-2014 Antidumping
Duty New Shipper Review: Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from the People's Republic of
China'' issued concurrently with and hereby adopted by this notice
(``Preliminary Decision Memorandum'').
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Methodology
The Department is conducting this review in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as amended (``the Act'') and 19
CFR 351.214. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. 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 (``ACCESS''). ACCESS is available
to registered users at http://access.trade.gov and 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://www.trade.gov/enforcement/. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Rescission of the Antidumping New Shipper Review of DMEGC
As discussed in the Bona Fide Sales Analysis Memorandum,\4\ the
Department preliminarily finds that the sale made by DMEGC to the
United States is not a bona fide sale. The Department reached this
conclusion based on the totality of circumstances surrounding the
reported sale, including, among other things, the price and quantity of
the sale and DMEGC's
[[Page 22165]]
failure to provide evidence that the subject merchandise was resold at
a profit. Because the non-bona fide sale was the only reported sale of
subject merchandise during the POR, and thus there are no reviewable
transactions on this record, we are preliminarily rescinding the
instant administrative review. See 19 CFR 351.213(d)(3). Because much
of the factual information used in our analysis of DMEGC's sale
involves business proprietary information, a full discussion of the
basis for our preliminary determination is set forth in the Memorandum
to Howard Smith, Acting Director, AD/CVD Operations, Office IV,
``Preliminary Bona Fide Sales Analysis for Hengdian Group DMEGC
Magnetics Co., Ltd.,'' dated April 7, 2015, which is on the record of
this proceeding.
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\4\ See Memorandum from Jeffrey Pedersen, International Trade
Analyst, Office IV AD/CVD Operations, to Howard Smith, Acting
Director, Office IV, AD/CVD Operations entitled ``2013-2014
Antidumping Duty New Shipper Review of Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules, from the
People's Republic of China: Preliminary Bona Fide Sales Analysis for
Hengdian Group DMEGC Magnetics Co., Ltd.'' dated concurrently with
and hereby adopted by this notice (``Bona Fide Sales Analysis
Memorandum'').
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Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of the preliminary results of review.\5\
Rebuttals to case briefs may be filed no later than five days after the
briefs are filed. All rebuttal comments must be limited to comments
raised in the case briefs.\6\
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\5\ See 19 CFR 351.309(c).
\6\ See 19 CFR 351.309(d).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement &
Compliance, U.S. Department of Commerce, within 30 days after the date
of publication of this notice.\7\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. Oral argument presentations will be
limited to issues raised in the briefs. If a request for a hearing is
made, the Department intends to hold the hearing at the U.S. Department
of Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230, at a date and time to be determined.\8\ Parties should confirm
by telephone the date, time, and location of the hearing two days
before the scheduled date.
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\7\ See 19 CFR 351.310(c).
\8\ See 19 CFR 351.310(d).
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All submissions, with limited exceptions, must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety by the Department's electronic
records system, ACCESS, by 5 p.m. Eastern Time (``ET'') on the due
date. Documents excepted from the electronic submission requirements
must be filed manually (i.e., in paper form) with the APO/Dockets Unit
in Room 18022, and stamped with the date and time of receipt by 5 p.m.
ET on the due date.\9\
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\9\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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The Department intends to issue the final results of this NSR,
which will include the results of its analysis of issues raised in any
briefs received, no later than 90 days after the date these preliminary
results of review are issued pursuant to section 751(a)(2)(B)(iv) of
the Tariff Act of 1930, as amended (the ``Act'').
Assessment Rates
If the Department proceeds to a final rescission of DMEGC's NSR,
the assessment rate to which DMEGC's shipments will be subject will not
be affected by this review. However, the Department initiated an
administrative review of the antidumping duty order on solar cells from
the PRC covering numerous exporters, including DMEGC, and the period
December 1, 2013 through November 30, 2014, which encompasses the POR
of this NSR.\10\ Thus, if the Department proceeds to a final
rescission, we will instruct U.S. Customs and Border Protection (CBP)
to continue to suspend entries during the period December 1, 2013
through November 30, 2014 of subject merchandise exported by DMEGC
until CBP receives instructions relating to the administrative review
of this order covering the period December 1, 2013 through November 30,
2014.
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\10\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 80 FR 6041, 6042 (February 4, 2015).
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If the Department does not proceed to a final rescission of this
new shipper review, pursuant to 19 CFR 351.212(b)(1), we will calculate
importer-specific (or customer) assessment rates based on the final
results of this review. However, pursuant to the Department's
refinement to its assessment practice in NME cases, for entries that
were not reported in the U.S. sales database submitted by DMEGC, the
Department will instruct CBP to liquidate such entries at the PRC-wide
rate.\11\
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\11\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
Effective upon publication of the final rescission or the final
results of this NSR, pursuant to section 751(a)(2)(B)(iii) of the Act
and 19 CFR 351.214(e), the Department will instruct CBP to discontinue
the option of posting a bond or security in lieu of a cash deposit for
entries of subject merchandise by DMEGC. If the Department proceeds to
a final rescission of this new shipper review, the cash deposit rate
will continue to be the PRC-wide rate for DMEGC because the Department
will not have determined an individual margin of dumping for DMEGC. If
the Department issues final results for this new shipper review, the
Department will instruct CBP to collect cash deposits, effective upon
the publication of the final results, at the rates established therein.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) 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 Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(2)(B) and 777(i)(1) of the Act.
Dated: April 7, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Scope
2. Bona Fide Sales Analysis
[FR Doc. 2015-09206 Filed 4-20-15; 8:45 am]
BILLING CODE 3510-DS-P