[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Pages 62049-62051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19424]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-010]


Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review and Final Determination of No Shipments; 2021-
2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that the 
sole mandatory respondent under review sold subject merchandise at less 
than normal value during the period of review (POR), February 1, 2021, 
through January 31, 2022. Additionally, Commerce determines that Hubei 
Trina Solar Energy Co., Ltd. (THB) and Trina Solar (Hefei) Science and 
Technology Co., Ltd. (THFT) did not ship subject merchandise during the 
POR.

DATES: Applicable September 8, 2023.

FOR FURTHER INFORMATION CONTACT: Krisha Hill, AD/CVD Operations, Office 
IV, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-4037.

SUPPLEMENTARY INFORMATION:

Background

    On March 9, 2023, Commerce published the Preliminary Results of 
this review in the Federal Register and invited interested parties to 
comment on those results.\1\ For details regarding the events that 
occurred subsequent to publication of the Preliminary Results, see the 
Issues and Decision Memorandum.\2\ Commerce conducted this 
administrative review in accordance with section 751 of the Tariff Act 
of 1930, as amended (the Act).
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    \1\ See Certain Crystalline Silicon Photovoltaic Products from 
the People's Republic of China: Preliminary Results of Antidumping 
Duty Administrative Review, Partial Rescission of Antidumping 
Administrative Review, and Preliminary Determination of No 
Shipments; 2021-2022, 88 FR 14602 (March 9, 2023) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2021-2022 Antidumping Duty Administrative 
Review of Certain Crystalline Silicon Photovoltaic Products from the 
People's Republic of China,'' (Issues and Decision Memorandum), 
dated concurrently with, and hereby adopted by, this notice.
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Scope of the Order \3\
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    \3\ See Certain Crystalline Silicon Photovoltaic Products from 
the People's Republic of China: Antidumping Duty Order; and Amended 
Final Affirmative Countervailing Duty Determination and 
Countervailing Duty Order, 80 FR 8592 (February 18, 2015) (Order). 
For a complete description of the scope of the Order, see the Issues 
and Decision Memorandum.
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    The products covered by the Order are certain crystalline silicon 
photovoltaic products (solar products) from the People's Republic of 
China (China). Merchandise covered by the Order is currently classified 
in the Harmonized Tariff Schedule of the United States (HTSUS) under 
subheadings 8501710000, 8501721000, 8501722000, 8501723000, 8501729000, 
8501801000, 8501802000, 8501803000, 8501809000, 8507208031, 8507208041, 
8507208061, 8507208091, 8541420010, and 8541430010. These HTSUS 
subheadings are provided for convenience and customs purposes; the 
written description of the scope of the Order is dispositive.

[[Page 62050]]

Analysis of Comments Received

    We addressed all the issues raised in the case and rebuttal briefs 
in the Issues and Decision Memorandum. A list of the issues that 
parties raised, and to which we responded in the Issues and Decision 
Memorandum, is provided in 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. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding the Preliminary Results, we corrected a 
conversion error pertaining the truck freight surrogate value applied 
to solar cells \4\ and valued labor using data from the Republic of 
Turkey, rather than Malaysia.\5\
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    \4\ See Issues and Decision Memorandum at Comment 1.
    \5\ Id. at Comment 5.
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Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that THB and THFT 
did not sell or export subject merchandise to, nor was their subject 
merchandise entered into, the United States during the POR.\6\ 
Interested parties did not comment on Commerce's ``no shipments'' 
determination. Because we have no basis to reconsider this 
determination, Commerce has continued to determine that THB and THFT 
did not sell or export subject merchandise to, nor was their subject 
merchandise entered into, the United States during the POR.
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    \6\ See Preliminary Results PDM at 5.
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Separate Rates

    In the Preliminary Results, Commerce determined that Trina,\7\ the 
sole mandatory respondent under review, demonstrated its eligibility 
for a separate rate. Interested parties did not comment on Commerce's 
separate rate determination. Because we have no basis to reconsider 
this determination, Commerce has continued to determine that Trina is 
eligible for a separate rate.
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    \7\ Trina refers to the single entity comprising the following 
companies: Trina Solar (Changzhou) Science & Technology Co., Ltd., 
Trina Solar Co., Ltd., Yancheng Trina Guoneng Photovoltaic 
Technology Co., Ltd. (a.k.a. Yancheng Trina Solar Guoneng Science & 
Technology Co., Ltd.), Trina Solar Yiwu Technology Co., Ltd., Trina 
Solar (Su Qian) Technology Co., Ltd., Trina Solar (Yancheng Dafeng) 
Co., Ltd., Changzhou Trina Hezhong Photoelectric Co., Ltd. (a.k.a. 
Changzhou Trina Hezhong PV Co., Ltd.), Changzhou Trina Solar Yabang 
Energy Co., Ltd., and Turpan Trina Solar Energy Co., Ltd. Commerce 
determined that these companies are affiliated within the meaning of 
771(33)(F) of the Act, and should be treated as a single entity, in 
accordance with 19 CFR 351.401(f). See Preliminary Results PDM at 5-
6; see also Memorandum, ``Antidumping Duty Administrative Review of 
Certain Crystalline Silicon Photovoltaic Products from the People's 
Republic of China: Preliminary Affiliation and Collapsing 
Memorandum,'' dated February 28, 2023. Commerce received no comments 
regarding the determination of affiliation among these companies. 
Accordingly, Commerce continues to find these companies are 
affiliated and continues to treat them as a single entity.
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Final Results of Review

    We are assigning the following weighted-average dumping margin to 
the firms listed below for the period February 1, 2021, through January 
31, 2022:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
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Trina Solar (Changzhou) Science & Technology Co., Ltd./            10.50
 Trina Solar Co., Ltd./Yancheng Trina Guoneng
 Photovoltaic Technology Co., Ltd. (a.k.a. Yancheng
 Trina Solar Guoneng Science & Technology Co., Ltd.)/
 Trina Solar Yiwu Technology Co., Ltd./Trina Solar (Su
 Qian) Technology Co., Ltd./Trina Solar (Yancheng
 Dafeng) Co., Ltd./Changzhou Trina Hezhong Photoelectric
 Co., Ltd. (a.k.a. Changzhou Trina Hezhong PV Co., Ltd.)/
 Changzhou Trina Solar Yabang Energy Co., Ltd./Turpan
 Trina Solar Energy Co., Ltd............................
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Disclosure

    Commerce intends to disclose to parties to the proceeding the 
calculations performed for these final results of review within five 
days of the date of publication of this notice in the Federal Register 
in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce will determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise covered by the final results of this review. Commerce 
intends to issue assessment instructions to CBP no earlier than 35 days 
after the date of publication date of the final results of this review 
in the Federal Register. If a timely summons is filed at the U.S. Court 
of International Trade, the assessment instructions will direct CBP not 
to liquidate relevant entries until the time for parties to file a 
request for a statutory injunction has expired (i.e., within 90 days of 
publication).
    Commerce will calculate importer-specific assessment rates for 
antidumping duties, in accordance with 19 CFR 351.212(b)(1). Trina 
reported reliable entered values. Thus, Commerce intends to calculate 
importer-specific ad valorem assessment rates by aggregating the amount 
of dumping calculated for all U.S. sales to the importer and dividing 
this amount by the total entered value of the merchandise sold to the 
importer.\8\ Where an importer-specific ad valorem assessment rate is 
not zero or de minimis, Commerce will instruct CBP to collect the 
appropriate duties at the time of liquidation. However, where an 
importer specific ad valorem assessment rate is zero or de minimis, 
Commerce will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.
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    \8\ See 19 CFR 351.212(b)(1).
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    For entries that were not reported in the U.S. sales database 
submitted by Trina, but that were entered under its case number (i.e., 
at Trina's cash deposit rate), Commerce will instruct CBP to liquidate 
such entries at the China-wide entity rate (i.e., 152.84 percent).\9\
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    \9\ See Order, 80 FR at 8595; see also instructions issued to 
CBP following publication of the Order, Message Number 5061301 
(listing the China-wide entity's cash deposit rate as 152.84 
percent), dated 03/02/2015, publicly available at https://aceservices.cbp.dhs.gov/adcvdweb/#.
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    Additionally, for the companies that Commerce determined did not 
ship subject merchandise during the POR, any suspended entries under 
the

[[Page 62051]]

company's case number will be liquidated at the China-wide entity rate.

Cash Deposit Requirements

    The following cash deposit requirements will be in effect for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on, or after, the date of publication of this notice in 
the Federal Register, as provided for by section 751(a)(2)(C) of the 
Act: (1) the cash deposit rate for Trina will be equal to the weighted-
average dumping margin that is listed for Trina in the table above; (2) 
for a previously investigated or reviewed exporter of subject 
merchandise that is not listed in the table above that has a separate 
rate, the cash deposit rate will continue to be the exporter's existing 
cash deposit rate; (3) for all China exporters of subject merchandise 
that do not have a separate rate, the cash deposit rate will be equal 
to the weighted-average dumping margin assigned to the China-wide 
entity, which is 152.84 percent; and (4) for a non-China exporter of 
subject merchandise that does not have a separate rate, the cash 
deposit rate will be equal to the weighted-average dumping margin 
applicable to the China exporter(s) that supplied that non-China 
exporter.
    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

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)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during the POR. Failure to 
comply with this requirement could result in Commerce's presumption 
that reimbursement of antidumping and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties and/or 
antidumping duties increased by the amount of the countervailing 
duties.

Administrative Protective Order (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.

Notification to Interested Parties

    We are issuing these final results of administrative review and 
publishing this notice in accordance with sections 751(a)(1) and 777(i) 
of the Act and 19 CFR 351.213(h)(2) and 351.221(b)(5).

    Dated: September 1, 2023.
Lisa W. Wang,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Commerce Erred in its Calculations
    Comment 2: Whether to Adjust Trina's U.S. Prices for Domestic 
Subsidies
    Comment 3: Whether to Include Additional Subsidy Programs in the 
Export Subsidy Offset Calculation
    Comment 4: The Appropriate Surrogate Value for Coated Glass
    Comment 5: The Appropriate Surrogate Value for Labor
VI. Recommendation

[FR Doc. 2023-19424 Filed 9-7-23; 8:45 am]
BILLING CODE 3510-DS-P