[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Notices]
[Pages 70943-70946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27804]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-853]
Certain Crystalline Silicon Photovoltaic Products From Taiwan:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers/exporters subject to this review made sales of subject
merchandise below normal value in the United States during the period
of review (POR) February 1, 2018 through January 31, 2019. We invite
interested parties to comment on these preliminary results.
DATES: Applicable December 26, 2019.
FOR FURTHER INFORMATION CONTACT: Thomas Martin or Maisha Cryor, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; (202) 482-3936 or (202) 482-5831, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty (AD) order on certain crystalline silicon photovoltaic products
(solar products) from Taiwan,\1\ covering 36 respondents.\2\ For a
complete
[[Page 70944]]
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\3\ A list of topics included
in the Preliminary Decision Memorandum is included as an appendix to
this notice.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 18777 (May 2, 2019) (Initiation
Notice).
\2\ The Initiation Notice listed 40 companies in this
administrative review, however: (1) Commerce collapsed Sino-American
Silicon Products Inc. and Solartech Energy Corp. in the 2014-2016
administrative review of the order (see Certain Crystalline Silicon
Photovoltaic Products from Taiwan: Final Results of Antidumping Duty
Administrative Review; 2014-2016, 82 FR 31555 (July 7, 2017)); (2)
Commerce listed ``EEPV CORP.'' and ``EEPV Corp.'' which refer to the
same company; (3) Canadian Solar International, Ltd. and Canadian
Solar International Limited refer to the same company; and (4)
Canadian Solar Solution Inc. is an erroneous spelling of Canadian
Solar Solutions Inc. Regarding Canadian Solar International Limited
and Canadian Solar Solutions Inc., see Canadian Solar et al.'s
Letter, ``Crystalline Silicon Photovoltaic Products from Taiwan,
Case No. A-583-853: No Shipment Letter.'' dated May 31, 2019
(Canadian Solar No Shipments Letter) at n.1.
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Certain
Crystalline Silicon Photovoltaic Products from Taiwan, 2018-2019,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
On October 30, 2019, we extended the preliminary results of this
review to no later than December 5, 2019.\4\ On December 5, 2019, we
extended the preliminary results of this review to no later than
December 17, 2019.\5\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Extension of Time Limit for Preliminary
Results of Antidumping Duty Administrative Review,'' dated October
30, 2019.
\5\ See Memorandum, ``Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Extension of Time Limit for Preliminary
Results of Antidumping Duty Administrative Review,'' dated December
5, 2019.
---------------------------------------------------------------------------
Scope of the Order 6
---------------------------------------------------------------------------
\6\ For the full text of the scope of the order, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
The merchandise covered by this order 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. Merchandise covered by this order 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 is dispositive.
Preliminary Determination of No Shipments
Seven of the companies under review properly filed a statement that
they made no shipments of subject merchandise to the United States
during the POR.\7\ Based on their certifications and our analysis of
U.S. Customs and Border Protection (CBP) information, we preliminarily
determine that these seven companies had no reviewable transactions
during the POR. Consistent with our practice, we are not preliminarily
rescinding the review with respect to these seven companies. Rather, we
will complete the review for these companies and issue appropriate
instructions to CBP based on the final results of this review.\8\ For
additional information regarding this determination, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See certifications of no shipments filed by AU Optronics
Corporation, Canadian Solar Inc., Canadian Solar International
Limited, Canadian Solar Manufacturing (Changshu), Inc., Canadian
Solar Manufacturing (Luoyang), Inc. and Vina Solar Technology Co.,
Ltd., dated May 31, 2019. Regarding Motech Industries Ltd. See
Motech Industries Ltd.'s Letter, ``Certain Crystalline Silicon
Photovoltaic Products from Taiwan: Response to May 20, 2019
Questionnaire,'' dated June 17, 2019.
\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and
the ``Assessment Rates'' section, infra; see also Certain Frozen
Warmwater Shrimp from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of Review,
Preliminary Determination of No Shipments; 2012-2013, 79 FR 15951,
15952 (March 24, 2014), unchanged in Certain Frozen Warmwater Shrimp
from Thailand: Final Results of Antidumping Duty Administrative
Review, Final Determination of No Shipments, and Partial Rescission
of Review; 2012-2013, 79 FR 51306, 51307 (August 28, 2014).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1) and (2) of Tariff Act of 1930, as amended (the Act). Export
price and constructed export price were calculated in accordance with
section 772 of the Act. Normal value is calculated in accordance with
section 773 of the Act.
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 https://access.trade.gov and is available to all
parties in the Central Records Unit, Room B8024 of the main Commerce
building. In addition, the complete Preliminary Decision Memorandum can
be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the
electronic version of the Preliminary Decision Memorandum are identical
in content.
Preliminary Results of the Review
We preliminarily determine the following weighted-average dumping
margins exist for the POR:
------------------------------------------------------------------------
Estimated
weighted-average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Sino-American Silicon Products Inc., Solartech Energy 2.57
Corp. and Sunshine PV Corporation \9\...............
Baoding Jiasheng Photovoltaic Technology Co. Ltd..... 2.57
Baoding Tianwei Yingli New Energy Resources Co., Ltd. 2.57
Beijing Tianneng Yingli New Energy Resources Co. Ltd. 2.57
Boviet Solar Technology Co., Ltd..................... 2.57
Canadian Solar Solutions Inc......................... 2.57
EEPV Corp............................................ 2.57
E-TON Solar Tech. Co., Ltd........................... 2.57
Gintech Energy Corporation........................... 2.57
Hainan Yingli New Energy Resources Co., Ltd.......... 2.57
Hengshui Yingli New Energy Resources Co., Ltd........ 2.57
Inventec Energy Corporation.......................... 2.57
Inventec Solar Energy Corporation.................... 2.57
KOOTATU Tech. Corp................................... 2.57
Kyocera Mexicana S.A. de C.V......................... 2.57
Lixian Yingli New Energy Resources Co., Ltd.......... 2.57
Lof Solar Corp....................................... 2.57
Mega Sunergy Co., Ltd................................ 2.57
[[Page 70945]]
Ming Hwei Energy Co., Ltd............................ 2.57
Neo Solar Power Corporation.......................... 2.57
Shenzhen Yingli New Energy Resources Co., Ltd........ 2.57
Sunengine Corporation Ltd............................ 2.57
Sunrise Global Solar Energy.......................... 2.57
Tianjin Yingli New Energy Resources Co., Ltd......... 2.57
TSEC Corporation..................................... 2.57
United Renewable Energy Co., Ltd..................... 2.57
Win Precision Technology Co., Ltd.................... 2.57
Yingli Energy (China) Co., Ltd....................... 2.57
Yingli Green Energy International Trading Company 2.57
Limited.............................................
------------------------------------------------------------------------
Assessment Rates
---------------------------------------------------------------------------
\9\ In the first administrative review of the order, Commerce
collapsed Sino-American Silicon Products Inc. and Solartech Energy
Corp. and treated the companies as a single entity for purposes of
the proceeding. See Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Final Results of Antidumping Duty
Administrative Review; 2014-2016, 82 FR 31555 (July 7, 2017).
Because there were no changes to the facts which supported that
decision since that determination was made, we continue to find that
these companies are part of a single entity for this administrative
review. In the final results of the third administrative review of
this proceeding, we included Sunshine PV Corporation in the SAS-SEC
entity. See Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2017-2018, 84 FR 39802 (August
12, 2019) and the accompanying Issues and Decision Memorandum at
n.4.
---------------------------------------------------------------------------
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.
Since the weighted-average dumping margin for the collapsed entity
Sino-American Silicon Products Inc., Solartech Energy Corp. and
Sunshine PV Corporation is not zero or de minimis (i.e., less than 0.5
percent), we will calculate importer-specific ad valorem AD assessment
rates based on the ratio of the total amount of dumping calculated for
the importers examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1).\10\ We will instruct CBP
to assess antidumping duties on all appropriate entries covered by this
review when the importer-specific assessment rate calculated in the
final results of this review is above de minimis (i.e., 0.5 percent).
Where either the respondent's weighted-average dumping margin is zero
or de minimis, or an importer-specific assessment rate is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties. The final results of this review
shall be the basis for the assessment of antidumping duties on entries
of merchandise covered by the final results of this review where
applicable.
---------------------------------------------------------------------------
\10\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by a
respondent that did not know its merchandise was destined for the
United States, we will instruct CBP to liquidate entries not reviewed
at the all-others rate of 19.50 percent \11\ if there is no rate for
the intermediate company(ies) involved in the transaction.\12\ We
intend to issue instructions to CBP 15 days after publication of the
final results of this review.
---------------------------------------------------------------------------
\11\ See Certain Crystalline Silicon Photovoltaic Products:
Final Determination of Sales at Less Than Fair Value, 79 FR 76966
(December 23, 2014) (Final Determination).
\12\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of solar products from Taiwan entered, or withdrawn from
warehouse, for consumption on or after the date of publication provided
by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for each
company listed above \13\ will be equal to the dumping margins
established in the final results of this review except if the ultimate
rates are de minimis within the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rates will be zero; (2) for merchandise
exported by producers or exporters not covered in this administrative
review but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment of this proceeding in which the
producer or exporter participated; (3) if the exporter is not a firm
covered in this review, a prior review, or the original less-than-fair-
value investigation but the producer is, then the cash deposit rate
will be the rate established for the most recently completed segment of
the proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
19.50 percent, the all-others rate established in the Final
Determination. These deposit requirements, when imposed, shall remain
in effect until further notice.
---------------------------------------------------------------------------
\13\ As explained in the Preliminary Decision Memorandum, the
collapsed entity consisting of Sino-American Silicon Products Inc.,
Solartech Energy Corp. and Sunshine PV Corporation dissolved during
the period of review. Specifically, Solartech Energy Corp. and
Sunshine PV Corporation ceased to exist. Therefore, the dumping
margin established for the collapsed entity will be the cash deposit
rate for Sino-American Silicon Products Inc.
---------------------------------------------------------------------------
Disclosure and Public Comment
Commerce will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\14\
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs not later than 30 days after the date of publication of
this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\15\ Parties who submit case briefs or rebuttal briefs in
this proceeding are requested to submit with the argument: (1) A
statement of the issue, (2) a summary of the argument,
[[Page 70946]]
and (3) a table of authorities.\16\ All briefs must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety by Commerce's electronic records
system, ACCESS.
---------------------------------------------------------------------------
\14\ See 19 CFR 351.224(b).
\15\ See 19 CFR 351.309(d).
\16\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\17\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing is made, we will inform
parties of the scheduled date for the hearing which will be held at the
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230, at a time and location to be determined.\18\ Parties should
confirm by telephone the date, time, and location of the hearing.
---------------------------------------------------------------------------
\17\ See 19 CFR 351.310(c).
\18\ See 19 CFR 351.310.
---------------------------------------------------------------------------
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results
of this administrative review, including the results of our analysis of
the issues raised by the parties in their case briefs, within 120 days
after issuance of these preliminary results.
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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification to Interested Parties
These preliminary results of review is are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: December 16, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Companies Not Selected for Individual Examination
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price
X. Normal Value
XI. Currency Conversion
XII. Recommendation
[FR Doc. 2019-27804 Filed 12-23-19; 8:45 am]
BILLING CODE 3510-DS-P