[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)]
[Notices]
[Pages 29033-29037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13426]
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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: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 22, 2016, the Department of Commerce (the
Department) published the preliminary results of the third
administrative review of the antidumping duty (AD) order on crystalline
silicon photovoltaic cells, whether or not assembled into modules
(solar cells) from the People's
[[Page 29034]]
Republic of China (PRC). The period of review (POR) is December 1,
2014, through November 30, 2015. The review covers two mandatory
respondents: (1) Canadian Solar International Limited, which we have
treated as a single entity with five affiliated companies identified
below, and (2) the collapsed entity Trina Solar, consisting of
Changzhou Trina Solar Energy Co., Ltd., and Trina Solar (Changzhou)
Science and Technology Co., Ltd., which we have continued to treat as a
single entity with four additional affiliated companies identified
below. We received comments from interested parties on our Preliminary
Results. Based on our analysis of the comments received, we made
changes to the margin calculations for the Final Results of this
administrative review. The final weighted-average dumping margins are
listed below in the ``Final Results of Review'' section of this notice.
DATES: Effective June 27, 2017.
FOR FURTHER INFORMATION CONTACT: Krisha Hill and Jeff Pedersen, AD/CVD
Operations, Office IV, Enforcement & Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-4037 or (202) 482-2769,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 22, 2016, the Department published in the Federal
Register the preliminary results of the 2014-2015 administrative review
of the antidumping duty order on solar cells from the PRC.\1\ For
events subsequent to the Preliminary Results, see the Department's
Issues and Decision Memorandum.\2\ On March 30, 2017, in accordance
with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the
Act), the Department extended the deadline for issuing the final
results by 60 days.\3\ The deadline for the final results is June 20,
2017.
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\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2014-2015, 81 FR 93888
(December 22, 2016) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2014-2015 Antidumping Duty Administrative
Review of Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, From the People's Republic of China,''
(Issues and Decision Memorandum), dated concurrently with this
notice.
\3\ See Memorandum, ``Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from the People's Republic of
China: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' dated March 30, 2017.
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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.\4\
Merchandise covered by the order is classifiable under subheading
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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\4\ For a complete description of the scope of the order, see
Issues and Decision Memorandum.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum,
which is hereby adopted by this notice. A list of the issues that
parties raised, and to which we responded in the Issues and Decision
Memorandum, follows as an appendix to this notice. The Issues and
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 https://access.trade.gov and to all parties in the
Central Records Unit, Room B8024 of the main Department of Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The paper copy and electronic version of
the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
revisions to our preliminary calculations of the weighted-average
dumping margins for mandatory respondents, Canadian Solar \5\ and
Trina.6 7
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\5\ In these final results of review, the Department has
continued to treat the following six companies as a single entity:
Canadian Solar International Limited/Canadian Solar Manufacturing
(Changshu), Inc./Canadian Solar Manufacturing (Luoyang), Inc./CSI
Cells Co., Ltd./CSI-GCL Solar Manufacturing (YanCheng) Co., Ltd./CSI
Solar Power (China) Inc. (collectively, Canadian Solar). See
Preliminary Results, 81 FR at 93888, 93889 and PDM at 6 7.
\6\ In these final results of review, the Department has
continued to treat the following six companies as a single entity:
Changzhou Trina Solar Energy Co., Ltd./Trina Solar (Changzhou)
Science & Technology Co., Ltd./Yancheng Trina Solar Energy
Technology Co., Ltd./Changzhou Trina Solar Yabang Energy Co., Ltd./
Turpan Trina Solar Energy Co., Ltd./Hubei Trina Solar Energy Co.,
Ltd. (collectively, Trina). See Preliminary Results, 81 FR at 93888,
93889 and PDM at 6-7.
\7\ See Issues and Decision Memorandum at comments 4, 7, 8, 16,
17, 20, 21, 22, and 24.
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Final Determination of No Shipments
In the Preliminary Results, we found that seven companies had no
shipments during the POR.\8\ Consistent with the Department's
assessment practice in NME cases, we completed the review with respect
to the above-named companies. However, we have reexamined the record
and determined that we made an error in the Preliminary Results by not
recognizing that Shenzhen Glory Industries Co., Ltd. (Shenzhen Glory)
timely filed a no-shipment certification.\9\ We have reviewed Shenzhen
Glory's no shipment certification and have found that Shenzhen Glory
had no shipments during this POR. In addition, we found that Hangzhou
Sunny Energy Science & Technology Co., Ltd. (Sunny), a company we
preliminarily determined had no shipments during the POR, had a
reviewable sale/entry of subject merchandise during the POR. Therefore,
for these Final Results, we find that a total of seven companies had no
shipments during the POR.\10\ As noted
[[Page 29035]]
in the ``Assessment'' section below, the Department will issue
appropriate instructions with respect to these companies to CBP based
on our Final Results.\11\ In addition, these companies will maintain
their rate from the most recent segment in which they participated.
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\8\ See Preliminary Results, 81 FR at 93888, 93889.
\9\ See Shenzhen Glory's February 24, 2016 Notice of No Sales
Letter.
\10\ Those companies are: BYD (Shangluo) Industrial Co., Ltd.,
Canadian Solar Inc., Dongguan Sunworth Solar Energy Co., Ltd.,
Jiangsu High Hope Int'l Group, Wuxi Suntech Power Co., Ltd/Luoyang
Suntech Power Co., Ltd., Zhongli Talesun Solar Co. Ltd, and Shenzhen
Glory. On January 6, 2017, the Department placed on the record
certain factual information from U.S. Customs and Border Protection
(CBP) regarding the no shipments claims and provided interested
parties with an opportunity to comment on the information. See
Department Letter re: Release of U.S. Customs and Border Protection
Information Relating to No Shipment Claims Made in the 2014-2015
Administrative Review of Crystalline Silicon Photovoltaic Cells from
the People's Republic of China, dated January 6, 2017. Wuxi Suntech
Power Co., Ltd. commented on the information, arguing that none of
the new information on the record contradicts the Department's
preliminary decision regarding its no shipment claim. No other
parties commented on the information. See Wuxi Suntech Power Co.,
Ltd.'s January 13, 2017 Comments on CBP Information.
\11\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment of
Antidumping Duties); see also the ``Assessment'' section of this
notice, below.
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Separate Rates
In the Preliminary Results, the Department determined that Canadian
Solar, Trina, and 24 other companies/company groups demonstrated their
eligibility for separate rates, but that Jiangsu Sunlink PV Technology
Co., Ltd., Ningbo Hisheen Electrical Co., Ltd., and Shenzhen Glory had
not demonstrated their entitlement to separate rates status because
they did not file either a separate rate application or certification
with the Department.\12\ However, as noted above, for these Final
Results, the Department has determined that Shenzhen Glory timely filed
a no shipments claim and record information supports its claim.
Additionally, as explained in the Issues and Decision Memorandum, the
Department has determined that Sunny is eligible for separate rate
status, but that Ningbo Qixin Solar Electrical Appliance Co., Ltd.
(Ningbo Qixin) did not meet the requirements for obtaining a separate
rate. Therefore, for these Final Results, the Department finds that
Jiangsu Sunlink PV Technology Co., Ltd., Ningbo Hisheen Electrical Co.,
Ltd., and Ningbo Qixin are not eligible for separate rate status and
thus, are part of the PRC-wide entity. The Department assigned a
dumping margin to the separate rate companies that it did not
individually examine, but which demonstrated their eligibility for a
separate rate, based on the mandatory respondents' dumping margins.\13\
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\12\ Id.
\13\ See Memorandum, ``Calculation of the Final Dumping Margin
for Separate Rate Recipients,'' dated concurrently with this notice.
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Final Results of Review
We determine that the following weighted-average dumping margins
exist for the POR:
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Weighted-average
Exporter dumping margins
(percent)
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Canadian Solar International Limited/Canadian Solar 13.07
Manufacturing (Changshu), Inc./Canadian Solar
Manufacturing (Luoyang)Inc./CSI Cells Co., Ltd./CSI-
GCL Solar Manufacturing (YanCheng) Co., Ltd./CSI
Solar Power (China) Inc............................
Changzhou Trina Solar Energy Co., Ltd./Trina Solar 4.66
(Changzhou) Science and Technology Co., Ltd./
Yancheng Trina Solar Energy Technology Co., Ltd./
Changzhou Trina Solar Yabang Energy Co., Ltd./
Turpan Trina Solar Energy Co., Ltd./Hubei Trina
Solar Energy Co., Ltd..............................
Chint Solar (Zhejiang) Co., Ltd..................... 6.98
ERA Solar Co., Ltd.................................. 6.98
ET Solar Energy Limited............................. 6.98
Hangzhou Sunny Energy Science & Technology Co., Ltd. 6.98
Hengdian Group DMEGC Magnetics Co., Ltd............. 6.98
JA Solar Technology Yangzhou Co., Ltd............... 6.98
Jiawei Solarchina (Shenzhen) Co., Ltd............... 6.98
Jiawei Solarchina Co., Ltd.......................... 6.98
JingAo Solar Co., Ltd............................... 6.98
Lightway Green New Energy Co., Ltd.................. 6.98
Ningbo ETDZ Holdings, Ltd........................... 6.98
Risen Energy Co., Ltd............................... 6.98
Shanghai BYD Co., Ltd............................... 6.98
Shanghai JA Solar Technology Co., Ltd............... 6.98
Shenzhen Sungold Solar Co., Ltd..................... 6.98
Shenzhen Topray Solar Co., Ltd...................... 6.98
Star Power International Limited.................... 6.98
Systemes Versilis, Inc.............................. 6.98
Taizhou BD Trade Co., Ltd........................... 6.98
tenKsolar (Shanghai) Co., Ltd....................... 6.98
Toenergy Technology Hangzhou Co., Ltd............... 6.98
Wuxi Tianran Photovoltaic Co., Ltd.................. 6.98
Yingli Energy (China) Company Limited/Baoding 6.98
Tianwei Yingli New Energy Resources Co., Ltd./
Tianjin Yingli New Energy Resources Co., Ltd./
Hengshui Yingli New Energy Resources Co., Ltd./
Lixian Yingli New Energy Resources Co., Ltd./
Baoding Jiasheng Photovoltaic Technology Co., Ltd./
Beijing Tianneng Yingli New Energy Resources Co.,
Ltd./Hainan Yingli New Energy Resources Co., Ltd./
Shenzhen Yingli New Energy Resources Co., Ltd......
Zhejiang Era Solar Technology Co., Ltd.............. 6.98
Zhejiang Sunflower Light Energy Science & Technology 6.98
Limited Liability Company..........................
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Because no party requested a review of the PRC-wide entity and the
Department no longer considers the PRC-wide entity as an exporter
conditionally subject to administrative reviews,\14\ we did not conduct
a review of the PRC-wide entity. Thus, the weighted-average dumping
margin for the PRC-wide entity (i.e., 238.95 percent) is not subject to
change as a result of this review.\15\
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\14\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November
4, 2013).
\15\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2013-2014, 81 FR 39905 (June 20,
2016).
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Assessment
The Department will determine, and CBP shall assess, antidumping
duties on all appropriate entries covered by this review. The
Department intends to issue assessment instructions to CBP 15 days
[[Page 29036]]
after the publication date of these Final Results of review. In
accordance with 19 CFR 351.212(b)(1), we are calculating importer- (or
customer-)specific assessment rates for the merchandise subject to this
review. For any individually examined respondent whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent), the Department
will calculate importer- (or customer)-specific assessment rates for
merchandise subject to this review. Where the respondent reported
reliable entered values, the Department calculated importer- (or
customer)-specific ad valorem rates by aggregating the dumping margins
calculated for all U.S. sales to the importer- (or customer) and
dividing this amount by the total entered value of the sales to the
importer- (or customer).\16\ Where the Department calculated an
importer- (or customer)-specific weighted-average dumping margin by
dividing the total amount of dumping for reviewed sales to the
importer- (or customer) by the total sales quantity associated with
those transactions, the Department will direct CBP to assess importer-
(or customer)-specific assessment rates based on the resulting per-unit
rates.\17\ Where an importer- (or customer)-specific ad valorem or per-
unit rate is greater than de minimis, the Department will instruct CBP
to collect the appropriate duties at the time of liquidation. Where
either the respondent's weighted average dumping margin is zero or de
minimis, or an importer (or customer)-specific ad valorem or per-unit
rate is zero or de minimis, the Department will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\18\
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\16\ See 19 CFR 351.212(b)(1).
\17\ Id.
\18\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012).
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For merchandise whose sale/entry was not reported in the U.S. sales
database submitted by an exporter individually examined during this
review, but that entered under the case number of that exporter (i.e.,
at the individually-examined exporter's cash deposit rate), the
Department will instruct CBP to liquidate such entries at the PRC-wide
rate. Additionally, if the Department determines that an exporter under
review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's case number will be
liquidated at the PRC-wide rate.\19\
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\19\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the Final Results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date of
this notice in the Federal Register, as provided by section
751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash
deposit rate will be the rate listed for each exporter in the table in
the ``Final Results of Review'' section of this notice, except if the
rate is zero or de minimis (i.e., less than 0.5 percent), then the cash
deposit rate will be zero; (2) for previously investigated PRC and non-
PRC exporters that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all PRC exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be the rate previously established for the
PRC-wide entity (i.e., 238.95 percent); and (4) for all non-PRC
exporters of subject merchandise which have not received their own
rate, the cash deposit rate will be the rate applicable to the PRC
exporter that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Disclosure
We intend to disclose the calculations performed for these Final
Results within five days of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b).
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers 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 POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Orders (APO)
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305, which continues to govern business proprietary information in
this segment of the proceeding. Timely written notification of the
return or 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 of the Final Results of this antidumping duty
administrative review is issued and published in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213 and 19 CFR
351.221(b)(5).
Dated: June 20, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Whether the Department Should Apply Partial AFA to
Trina's Unreported Factors of Production for Purchased Solar Cells
Comment 2: Application of Partial AFA To Value Trina's
Unreported FOPs
Comment 3: Whether the Department Should Apply Partial AFA to
Canadian Solar's Unreported Factors of Production for Purchased
Solar Cells
Comment 4: Application of Partial AFA To Value Canadian Solar's
Unreported FOPs
Comment 5: Surrogate Value for Semi-Finished Polysilicon Ingots
and Blocks
Comment 6: Data Source Used to Value Polysilicon and Mono &
Multi Crystalline Wafers and Solar Cells
Comment 7: Surrogate Value for Scrap Cells and Modules
Comment 8: Surrogate Value for Silicon Scrap Offsets
Comment 9: Surrogate Value for Recycled Silicon Scrap
Comment 10: Surrogate Value for Aluminum Frames
Comment 11: Surrogate Value for Backsheet
Comment 12: Surrogate Value for Module Glass
Comment 13: Surrogate Value for Nitrogen
Comment 14: Surrogate Value for Canadian Solar's Silver Paste
Comment 15: Surrogate Value for Quartz Crucibles
Comment 16: Selection of Financial Statements
Comment 17: Trina's Ocean Freight
Comment 18: Differential Pricing
[[Page 29037]]
Comment 19: Calculation of Warranty Expenses
Comment 20: Insurance Costs Related to Warranties
Comment 21: Treatment of Overhead Items
Comment 22: Debt Restructuring Income
Comment 23: Exclusion of Import Data with Values but Quantities
of Zero
Comment 24: Clerical Errors
Comment 25: Separate Rate Status for Shenzhen Glory Industries
Co., Ltd.
Comment 26: Separate Rate Status for Hangzhou Sunny Energy
Science & Technology Co., Ltd.
Comment 27: Separate Rate Status for Ningbo Qixin Solar
Electrical Appliance Co., Ltd.
Comment 28: Toenergy Technology Hangzhou Co., Ltd.'s Liquidation
Instructions
[FR Doc. 2017-13426 Filed 6-26-17; 8:45 am]
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