[Federal Register Volume 88, Number 176 (Wednesday, September 13, 2023)]
[Notices]
[Pages 62770-62771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19739]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-011]


Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China: Final Results of Countervailing Duty 
Administrative Review; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies were provided to certain producers/exporters 
of certain crystalline silicon photovoltaic products from the People's 
Republic of China (China) during the period of review January 1, 2021, 
through December 31, 2021.

DATES: Applicable September 13, 2023.

FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone (202) 482-3586.

SUPPLEMENTARY INFORMATION: 

Background

    On March 8, 2023, Commerce published the Preliminary Results of 
this administrative review in the Federal Register.\1\ For a 
description of the events that occurred since the Preliminary Results, 
see the Issues and Decision Memorandum.\2\
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    \1\ See Certain Crystalline Silicon Photovoltaic Products from 
the People's Republic of China: Preliminary Results of 
Countervailing Duty Administrative Review; 2021, 88 FR 14331 (March 
8, 2023) (Preliminary Results) and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Countervailing 
Duty Order on Certain Crystalline Silicon Photovoltaic Products from 
the People's Republic of China; 2021,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
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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). 
On July 3, 2023, the scope of the Order was amended. See Crystalline 
Silicon Photovoltaic Products from the People's Republic of China: 
Final Results of Changed Circumstances Reviews, and Intent to Revoke 
the Antidumping and Countervailing Duty Orders, in Part, 88 FR 
42686.
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    The merchandise covered by the Order are 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 the Order, subject 
merchandise includes modules, laminates and/or panels assembled in 
China consisting of crystalline silicon photovoltaic cells produced in 
a customs territory other than China. A full description of the scope 
of the Order is contained in the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised by interested parties in their case and rebuttal 
briefs are addressed in the Issues and Decision Memorandum. A list of 
topics discussed in the Issues and Decision Memorandum is provided 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. 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 our analysis of comments submitted by interested parties 
and the evidence on the record, Commerce revised the calculation for 
the net countervailable subsidy rates for the sole company respondent 
in this review, Trina Solar (Changzhou) Science & Technology Co., Ltd. 
(Trina Solar). For a discussion of the issues, see the Issues and 
Decision Memorandum.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). 
For each of the subsidy programs found to be countervailable, we find 
that there is a subsidy, i.e., a government-provided financial 
contribution that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\4\ For a complete description of the 
methodology underlying all of Commerce's conclusions, including our 
reliance, in part, on facts otherwise available, including adverse 
facts available, pursuant to sections 776(a) and (b) of the Act, see 
the Issues and Decision Memorandum.
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    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution, section 771(5)(E) of the Act regarding 
benefit, and section 771(5A) of the Act regarding specificity.

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[[Page 62771]]

Final Results of Administrative Review

    In accordance with 19 CFR 351.221(b)(5), Commerce calculated a 
countervailable subsidy rate for Trina Solar as identified below. 
Because there are no other producers or exporters subject to this 
review, Commerce does not need to establish a rate for such companies 
in this review. Commerce determines the net countervailable subsidy 
rate for the period January 1, 2021, through December 31, 2021, is as 
follows:
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    \5\ Commerce found Trina Solar (Changzhou) Science & Technology 
Co., Ltd. to be cross-owned, within the meaning of 19 CFR 
351.525(b)(6)(vi), among and across the following companies: 
Yancheng Trina Solar Guoneng Science & Technology Co., Ltd.; Trina 
Solar (Su Qian) Technology Co., Ltd.; Trina Solar Yiwu Technology 
Co., Ltd.; Trina Solar Co., Ltd.; Trina Solar (Yancheng Dafeng) Co., 
Ltd.; Trina Solar Science & Technology (Yancheng) Co., Ltd.; Trina 
Solar (Suqian) Optoelectronics Co., Ltd.; Trina Solar (Changzhou) 
Optoelectronic Device Co., Ltd.; Changzhou Trina Solar Yabang Energy 
Co., Ltd.; Hubei Trina Solar Energy Co., Ltd.; Turpan Trina Solar 
Energy Co., Ltd.; Trina Solar (Hefei) Science and Technology Co., 
Ltd.; Changzhou Hesai PV Ribbon Materials Co., Ltd.; Changzhou Hewei 
New Material Technology Co., Ltd.; Changzhou Trina Hezhong PV Co., 
Ltd.; and Changzhou Trina PV Ribbon Materials Co., Ltd. See 
Preliminary Results PDM at 5-7.

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                                                           Subsidy rate
                   Producer/exporter                       (percent ad
                                                             valorem)
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Trina Solar (Changzhou) Science & Technology Co., Ltd             13.21
 \5\...................................................
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Disclosure

    Commerce intends to disclose calculations and analysis performed 
for the final results of this administrative review within five days 
after the publication of this notice in the Federal Register in 
accordance with 19 CFR 351.224(b).

Cash Deposit Requirements

    In accordance with section 751(a)(1) of the Act, Commerce intends 
to instruct U.S. Customs and Border Protection (CBP) to collect cash 
deposits of estimated countervailing duties in the amount referenced 
above for Trina Solar with regard to shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of these final results in the Federal Register. 
These cash deposit requirements, effective upon publication of these 
final results, shall remain in effect until further notice.

Assessment Requirements

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, and CBP shall assess, 
countervailing duties on all appropriate entries covered by this 
review, for Trina Solar at the applicable ad valorem assessment rate 
listed. Commerce intends to issue assessment instructions to CBP no 
earlier than 35 days after the publication of the final results of this 
administrative 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).

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protection order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: September 5, 2023.
Lisa W. Wang,
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. Use of Facts Available and Application of Adverse Inferences
V. Changes Since the Preliminary Results
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Discussion of the Issues
    Comment 1: Whether the Provision of Certain Inputs for Less-
Than-Adequate-Remuneration (LTAR) Programs is Countervailable
    Comment 2: Whether Commerce Should Find the Provision of 
Electricity for LTAR Program is Countervailable
    Comment 3: Whether Commerce Should Apply Adverse Facts Available 
to ``Other Subsidies'' Reported by Trina Solar
    Comment 4: The Benchmark for Aluminum Extrusions for LTAR
    Comment 5: The Benchmark for Ocean Freight
    Comment 6: The Benchmark for Domestic Inland Freight
    Comment 7: Whether Certain Trina Solar Affiliates Were 
Uncreditworthy
    Comment 8: Whether Commerce Should Revise the Denominator for 
Export-Oriented Subsidies
    Comment 9: Whether Commerce Should Revise the Benchmark for 
International Ocean Shipping Services for LTAR
IX. Recommendation

[FR Doc. 2023-19739 Filed 9-12-23; 8:45 am]
BILLING CODE 3510-DS-P