[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Notices]
[Pages 30401-30403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13858]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-853]


Certain Crystalline Silicon Photovoltaic Products From Taiwan: 
Final Results of Antidumping Duty Administrative Review; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) continues to find that 
manufacturers/exporters of certain crystalline silicon photovoltaic 
products (solar products) sold solar products at less than normal value 
during the period of review (POR), February 1, 2016, through January 
31, 2017.

DATES: Applicable June 28, 2018.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-3936, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 20, 2017, Commerce published the Preliminary Results of 
this administrative review.\1\ On January 26, 2018, Commerce published 
Amended Preliminary Results.\2\ For the events that occurred since the 
Preliminary Results and Amended Preliminary Results, see the Issues and 
Decision Memorandum.\3\ These final results cover 33 companies.\4\ 
Commerce conducted this review in accordance with section 751(a) of the 
Tariff Act of 1930, as amended (the Act).
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    \1\ See Certain Crystalline Silicon Photovoltaic Products from 
Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review and Partial Rescission of Antidumping Duty Administrative 
Review; 2016-2017, 82 FR 60370 (December 20, 2017) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Certain Crystalline Silicon Photovoltaic Products from 
Taiwan: Amended Preliminary Results and Preliminary Determination of 
No Shipments, 83 FR 3674 (January 26, 2018) (Amended Preliminary 
Results).
    \3\ See Issues and Decision Memorandum (IDM) dated concurrently 
with this notice and incorporated herein by reference.
    \4\ The 33 companies consist of one mandatory respondent, 18 
respondents not individually examined, and 14 companies for which we 
have reached a ``no shipments'' final finding.
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    Commerce exercised its discretion to toll all deadlines affected by 
the closure of the Federal Government from January 20 through 22, 
2018.\5\ As a result, the revised deadline for the final results of 
this review was April 23, 2018. On April 5, 2018, Commerce postponed 
the final results of this review until May 22, 2018.\6\ On May 21, 
2018, Commerce postponed the final results of this review until June 
21, 2018.\7\
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    \5\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018. All deadlines in this 
segment of the proceeding have been extended by three days.
    \6\ See Memorandum, Certain Crystalline Silicon Photovoltaic 
Products from Taiwan: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated April 5, 2018.
    \7\ See Memorandum, Certain Crystalline Silicon Photovoltaic 
Products from Taiwan: Second Extension of Deadline for Final Results 
of Antidumping Duty Administrative Review,'' dated May 21, 2018.
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Scope of the Order

    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.
    For a complete description of the scope of the order, see the 
Issues and Decision Memorandum.

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 with this notice. A list of the issues which 
parties raised, and to which we responded in the Issues and Decision 
Memorandum, can be found in

[[Page 30402]]

the 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 is available 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/index.html. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made certain 
changes to the Preliminary Results. Specifically, we have determined to 
base Motech Industries, Inc. (Motech)'s cost of production on the 
unadjusted cost of production in its books and records, and we have 
excluded sales to one U.S. customer from the margin calculation, due to 
the lack of substantial evidence on the record that the sales were made 
to customers in the United States. For a full discussion of these 
changes, see the Issues and Decision Memorandum.

Final Determination of No Shipments

    In the Amended Preliminary Results, Commerce preliminarily 
determined that 14 companies had no shipments during the POR.\8\ These 
companies are: Boviet Solar Technology Co., Ltd., Baoding Jiasheng 
Photovoltaic Technology Co., Ltd., Baoding Tianwei Yingli New Energy 
Resources Co., Ltd., Beijing Tianneng Yingli New Energy Resources Co., 
Ltd., E-TON Solar Tech. Co., Ltd., Hainan Yingli New Energy Resources 
Co., Ltd., Hengshui Yingli New Energy Resources Co., Ltd., Inventec 
Energy Corporation, Lixian Yingli New Energy Resources Co., Ltd., 
Shenzhen Yingli New Energy Resources Co., Ltd., Sunengine Corporation 
Ltd., Tianjin Yingli New Energy Resources Co., Ltd., Yingli Energy 
(China) Co., Ltd., and Yingli Green Energy International Trading 
Company Limited.
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    \8\ See Amended Preliminary Results, 83 FR at 3674.
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    Following publication of the Amended Preliminary Results, Commerce 
issued a no-shipment inquiry to U.S. Customs and Border Protection 
(CBP), and received a response to this inquiry from CBP.\9\ We received 
one comment from interested parties regarding these companies, from 
Inventec Solar Energy Corporation and its affiliates, Inventec Energy 
Corporation and E-TON Solar Tech. Co., Ltd., which confirmed Commerce's 
preliminary finding that Inventec Solar Energy Corporation had 
shipments, but that E-TON Solar Tech. Co., Ltd., and Inventec Energy 
Corporation did not have shipments.
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    \9\ See Memorandum, ``Response by U.S. Customs and Border 
Protection to Commerce's No Shipments Inquiry,'' dated February 21, 
2018.
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    Because the record contains no evidence to the contrary, we 
continue to find that these 14 companies made no shipments during the 
POR. Accordingly, consistent with Commerce's practice, we will instruct 
CBP to liquidate any existing entries of merchandise produced by these 
14 companies, but exported by other parties, at the rate for the 
intermediate reseller, if available, or at the all-others rate.\10\
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    \10\ See, e.g., Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010).
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Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
examination when Commerce limits its examination in an administrative 
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce 
looks to section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in a market economy investigation, for 
guidance when calculating the rate for companies which were not 
selected for individual review in an administrative review. Under 
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an 
amount equal to the weighted average of the estimated weighted average 
dumping margins established for exporters and producers individually 
investigated, excluding any zero or de minimis margins, and any margins 
determined entirely {on the basis of facts available{time} .'' In this 
review, we calculated a weighted-average dumping margin for Motech that 
is not zero, de minimis, or determined entirely on the basis of facts 
available, and have applied this rate to the non-examined companies.

Final Results of Review

    Commerce determines that the following weighted-average dumping 
margins exist for the period February 1, 2016 through January 31, 2017:

------------------------------------------------------------------------
                                                             Weighted-
                  Manufacturer/exporter                   average margin
                                                             (percent)
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Motech Industries, Inc..................................            1.33
AU Optronics Corporation................................            1.33
Canadian Solar Inc......................................            1.33
Canadian Solar International, Ltd.......................            1.33
Canadian Solar Manufacturing (Changshu), Inc............            1.33
Canadian Solar Manufacturing (Luoyang), Inc.............            1.33
Canadian Solar Solution Inc.............................            1.33
EEPV Corp...............................................            1.33
Gintech Energy Corporation..............................            1.33
Inventec Solar Energy Corporation.......................            1.33
Kyocera Mexicana S.A. de C.V............................            1.33
Neo Solar Power Corporation.............................            1.33
Sino-American Silicon Products Inc. and Solartech Energy            1.33
 Corp...................................................
Sunrise Global Solar Energy.............................            1.33
Trina Solar (Schweiz) AG................................            1.33
Trina Solar (Singapore) Science and Technology Pte Ltd..            1.33
TSEC Corporation........................................            1.33
Vina Solar Technology Co., Ltd..........................            1.33
Win Win Precision Technology Co., Ltd...................            1.33
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Disclosure

    Commerce intends to disclose 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).

Duty Assessment

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce shall determine, and CBP shall assess, antidumping duties on 
all appropriate entries of subject merchandise in accordance with the 
final results of this review.\11\ Commerce intends to issue assessment 
instructions to CBP 15 days after the date of publication of the final 
results of this administrative review in the Federal Register.
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    \11\ In these final 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).
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    Commerce calculated a weighted-average dumping margin by dividing 
the total amount of dumping for reviewed sales to that party by the 
total sales quantity associated with those transactions, and Commerce 
will direct

[[Page 30403]]

CBP to assess importer- (or customer-) specific assessment rates based 
on the resulting per-unit rates.\12\ Where an importer- (or customer-) 
specific ad valorem or per-unit rate is greater than de minimis (i.e., 
0.50 percent), Commerce will instruct CBP to collect the appropriate 
duties at the time of liquidation.\13\ Where an importer- (or customer-
) specific ad valorem or per-unit rate is zero or de minimis, Commerce 
will instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\14\
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    \12\ Id.
    \13\ Id.
    \14\ See 19 CFR 351.106(c)(2).
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    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the methodology described in 
the ``Rates for Non-Examined Companies'' section, above.
    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by Motech, or the non-
examined companies, for which the producer did not know that its 
merchandise was destined for the United States, we will instruct CBP to 
liquidate unreviewed entries at the all-others rate if there is no rate 
for the intermediate company(ies) involved in the transaction.\15\
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    \15\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    As noted in the ``Final Determination of No Shipments'' section, 
above, Commerce will instruct CBP to liquidate any existing entries of 
merchandise produced by the ``no shipment'' companies, but exported by 
other parties, at the rate for the intermediate reseller, if available, 
or at the all-others rate.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of the final results 
of this administrative review, as provided for by section 751(a)(2)(C) 
of the Act: (1) The cash deposit rates for the companies listed in 
these final results will be equal to the weighted-average dumping 
margins established in the final results of this review; (2) for 
merchandise exported by producers or exporters not covered in this 
review but covered in a prior segment of this proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recently completed segment in which the company was 
reviewed; (3) if the exporter is not a firm covered in this review or 
the original less-than-fair-value (LTFV) investigation, but the 
producer is, the cash deposit rate will be the rate established for the 
most recently completed segment of this proceeding for the producer of 
the subject merchandise; and (4) the cash deposit rate for all other 
producers or exporters will continue to be 19.50 percent,\16\ the all-
others rate established in the LTFV investigation. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \16\ See Certain Crystalline Silicon Photovoltaic Products: 
Final Determination of Sales at Less Than Fair Value, 79 FR 76966 
(December 23, 2014).
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Notification to Importers Regarding the Reimbursement of Duties

    This notice 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 duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties Regarding Administrative Protective 
Order

    This notice also serves as the only reminder to parties subject to 
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), 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 the terms of an 
APO is a sanctionable violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h) and 
351.221(b)(5).

    Dated: June 21, 2018.
Gary Taverman,
Deputy Assistance Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Discussion of the Issues
    Comment 1: Whether Motech Had Actual or Constructive Knowledge 
of U.S. Sales to a Specific U.S. Customer.
    Comment 2: Whether Motech's Contract Numbers Should be Made 
Public for Purposes of Liquidating Entries
    Comment 3: Correction of a Cell Reference in the Preliminary 
Cost Calculations
    Comment 4: Whether Commerce Should Assign Cell Grades to Prime 
and Non-Prime Categories for Normal Value Calculation and Model 
Matching
    Comment 5: Whether the Draft Liquidation Instructions Properly 
Reference the ``All Others'' Rate
    Comment 6: Whether the Motech Liquidation Instructions Instruct 
CBP to Liquidate Exports by Trina Schweiz and Trina Singapore at the 
``All Others'' Rate
VI. Recommendation

[FR Doc. 2018-13858 Filed 6-27-18; 8:45 am]
 BILLING CODE 3510-DS-P