Federal Register / Vol. 89, No. 3 / Thursday, January 4, 2024 / Notices 457 

United States, Court No. 21–00285, Slip Op. 23–107 

(CIT July 20, 2023), dated September 18, 2023 

(Final Remand), at 11. 

7 Id. at 8–9. 

8 Id. at 12. 

9See Brooklyn Bedding LLC’s Letter, ‘‘Mattresses 

from Cambodia, China, Indonesia, Malaysia, Serbia, 

Thailand, Turkey, and Vietnam: Antidumping and 

Countervailing Duty Petitions,’’ dated March 31, 

2020 (Petition). 

10See Final Remand at 12. 

11See, e.g., Notice of Final Determination of Sales 

at Less Than Fair Value: Sodium Nitrite from the 

Federal Republic of Germany, 73 FR 38986, 38987 

(July 8, 2008), and accompanying IDM at Comment 

2. 

12See Brooklyn Bedding, LLC. v. United States, 

Court No. 21–00285, Slip Op. 23–189 (CIT 

December 22, 2023). 

13See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

14See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 

15Commerce rescinded the first AD 

administrative review of Saffron. See Mattresses 

from Thailand: Final Results and Rescission of the 

Antidumping Duty Administrative Review; 2020– 

2022, 88 FR 85224 (December 7, 2023). 

1See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 88 FR 

7060, 7062–63 (February 2, 2023). 

2 Yingli refers to the following companies which 

Commerce has treated as a single entity: (1) 

Shenzhen Yingli New Energy Resources Co., Ltd.; 

(2) Baoding Jiasheng Photovoltaic Technology Co. 

Ltd.; (3) Baoding Tianwei Yingli New Energy 

Resources Co., Ltd.; (4) Beijing Tianneng Yingli 

New Energy Resources Co., Ltd.; (5) Hainan Yingli 

New Energy Resources Co., Ltd.; (6) Hengshui 

Yingli New Energy Resources Co., Ltd.; (7) Lixian 

Yingli New Energy Resources Co., Ltd.; (8) Tianjin 

Yingli New Energy Resources Co., Ltd.; and (9) 

Yingli Energy (China) Company Limited. 

3See Memorandum, ‘‘Respondent Selection,’’ 

dated April 20, 2023. 

assigned Saffron the highest dumping 

margin alleged in the petition, as AFA 

(i.e., 763.28 percent).7 Moreover, in the 

absence of a calculated estimated 

weighted-average dumping margin on 

the record of the proceeding,8

Commerce recalculated the all-others 

rate by averaging the dumping margins 

alleged in the Petition,9 and assigned 

the recalculated rate of 572.56 percent 

to all other producers and exporters of 

subject merchandise, consistent with 

section 735(c)(5)(B) of the Act 10 and 

Commerce’s practice.11 The CIT 

sustained Commerce’s Final Remand.12

Timken Notice 

In its decision in Timken,13 as 

clarified by Diamond Sawblades,14 the 

U.S. Court of Appeals for the Federal 

Circuit held that, pursuant to sections 

516A(c) and (e) of the Act, Commerce 

must publish notice of a court decision 

that is not ‘‘in harmony’’ with a 

determination of Commerce and must 

suspend liquidation of entries pending 

a ‘‘conclusive’’ court decision. The CIT’s 

December 22, 2023, judgment 

constitutes a final decision of the CIT 

that is not in harmony with Commerce’s 

Final Determination and Order. Thus, 

this notice is published in fulfillment of 

the publication requirements of Timken. 

Amended Final Determination 

Because there is now a final court 

judgment, Commerce is amending its 

Final Determination with respect to 

Saffron and all other producers and 

exporters of subject merchandise as 

follows: 

Exporter/producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Saffron Living Co., Ltd ................ 763.28 

All Others .................................... 572.56 

Amended AD Order, in Part 

As a result of this amended final 

determination, Commerce is hereby 

amending the Order to revise the 

dumping margins assigned to Saffron 

and all-other producers and exporters of 

subject merchandise, as noted above. 

Cash Deposit Requirements 

Because Saffron does not have a 

superseding cash deposit rate, i.e., there 

have been no final results published in 

a subsequent administrative review of 

Saffron,15 and because of the change to 

the rate assigned to all other producers 

and exporters of subject merchandise, 

Commerce will issue revised cash 

deposit instructions to U.S. Customs 

and Border Protection. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(c) and 

(e) and 777(i)(1) of the Act. 

Dated: December 29, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2024–00038 Filed 1–3–24; 8:45 am] 

BILLING CODE 3510–DS–P 

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: Preliminary Results of 

Antidumping Duty Administrative 

Review, Partial Rescission of 

Antidumping Administrative Review, 

and Preliminary Determination of No 

Shipments; 2021–2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that Shenzhen Sungold 

Solar Co., Ltd. (Sungold), and the 

companies which Commerce 

preliminarily granted separate rates, did 

not sell subject merchandise at prices 

below normal value (NV) during the 

period December 1, 2021, through 

November 30, 2022, the period of 

review (POR). Commerce also 

preliminarily determines that certain 

companies do not qualify for a separate 

rate, and that it is appropriate to rescind 

this review with respect to 10 

companies because all requests to 

review these companies were timely 

withdrawn. In addition, Commerce 

intends to rescind this review with 

respect to certain companies that did 

not ship subject merchandise during the 

POR. Interested parties are invited to 

comment on these preliminary results of 

the review. 

DATES: Applicable January 4, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Dakota Potts or Paola Aleman Ordaz, 

AD/CVD Operations, Office IV, 

Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–0223, or 

(202) 482–4031, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

In response to review requests from 

multiple parties, on February 2, 2023, 

Commerce initiated an administrative 

review of the antidumping duty order 

on crystalline silicon photovoltaic cells, 

whether or not assembled into modules 

(solar cells), from the People’s Republic 

of China (China) with respect to 68 

companies/company groupings for the 

period December 1, 2021, through 

November 30, 2022.1

On April 20, 2023, Commerce 

selected two exporters to individually 

examine as mandatory respondents, 

Yingli 2 and Shenzhen Glory Industries 

Co., Ltd. (Shenzhen Glory).3 Shenzhen 

Glory timely withdrew its request for 

review, and no other party requested a 


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4See Shenzhen Glory’s Letter, ‘‘Withdrawal of 

Request for Administrative Review,’’ dated April 

21, 2023. 

5See Memorandum, ‘‘Respondent Selection,’’ 

dated May 1, 2023. 

6See Memorandum, ‘‘Respondent Selection,’’ 

dated September 8, 2023. 

7See Memorandum, ‘‘Extension of Deadline for 

Preliminary Results of Antidumping Duty 

Administrative Review,’’ dated August 30, 2023. 

8See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Results of the 2021–2022 

Administrative Review of the Antidumping Duty 

Order on Crystalline Silicon Photovoltaic Cells, 

Whether or not Assembled into Modules, from the 

People’s Republic of China,’’ dated concurrently 

with, and hereby adopted by, this notice 

(Preliminary Decision Memorandum). 

9See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into Modules, from the 

People’s Republic of China: Amended Final 

Determination of Sales at Less Than Fair Value, 

and Antidumping Duty Order, 77 FR 73018 

(December 7, 2012) (Order). 

10For a complete description of the scope of the 

order, see Issues Decision Memorandum. 

11 During the POR, solar cells and modules were 

primarily classified under HTSUS subheadings 

8541.40.6015 and 8541.40.6025. These two 

categories were updated to USHTS subheadings 

8541.42.0010 and 8541.43.0010 in 2022. 

12See Preliminary Decision Memorandum. 

13 Id. 

14 Jinko Solar refers to the following companies 

which Commerce has previously treated as a single 

entity: Jinko Solar Import and Export Co., Ltd.; 

Jinko Solar Co., Ltd.; Jinko Solar Technology 

(Haining) Co., Ltd.; Yuhuan Jinko Solar Co., Ltd.; 

Zhejiang Jinko Solar Co., Ltd.; Jiangsu Jinko 

Tiansheng Solar Co., Ltd. ; JinkoSolar (Chuzhou) 

Co., Ltd.; JinkoSolar (Yiwu) Co., Ltd.; and 

JinkoSolar (Shangrao) Co., Ltd. 

15See Preliminary Decision Memorandum. 

16 Id. 

review of Shenzhen Glory.4 Therefore, 

Commerce selected Sungold as an 

additional mandatory respondent on 

May 1, 2023.5 On September 8, 2023, 

Commerce also selected Anji DaSol 

Solar Energy Science & Technology Co., 

Ltd. (Anji DaSol) as a mandatory 

respondent.6 However, Anji DaSol 

declined to participate in this review. 

On August 30, 2023, Commerce 

extended the time limit for issuing the 

preliminary result of this review until 

December 29, 2023.7

For details regarding the events that 

occurred subsequent to the initiation of 

the review, see the Preliminary Decision 

Memorandum.8

Scope of the Order 9

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.10 Merchandise 

covered by this Order is currently 

classified under subheadings 

8501.71.0000, 8501.72.1000, 

8501.72.2000, 8501.72.3000, 

8501.72.9000, 8501.80.1000, 

8501.80.2000, 8501.80.3000, 

8501.80.9000, 8507.20.8010, 

8507.20.8031, 8507.20.8041, 

8507.20.8061, 8507.20.8091, 

8541.42.0010, and 8541.43.0010 of the 

Harmonized Tariff Schedule of the 

United States (HTSUS).11 Although the 

HTSUS subheadings are provided for 

convenience and customs purposes, our 

written description of the scope of the 

Order is dispositive. 

Partial Rescission of Administrative 

Review 

Pursuant to 19 CFR 351.213(d)(1), 

Commerce will rescind an 

administrative review, in whole or in 

part, if all parties that requested the 

review withdraw their requests within 

90 days of the date of publication of the 

notice of initiation of the requested 

review. All parties timely withdrew 

their requests for an administrative 

review, and thus, Commerce is 

rescinding its review of the following 

companies: (1) Jinko Solar Technology 

Sdn. Bhd.; (2) Jinko Solar (Malaysia) 

Sdn. Bhd.; (3) Jinkosolar Middle East 

DMCC; (4) Shenzhen Glory; (5) Boviet 

Solar Technology Co., Ltd.; (6) CSI Solar 

Power Group Co., Ltd.; (7) New East 

Solar Energy Cambodia Co., Ltd.; (8) 

Vina Cell Technology Company 

Limited; (9) Vina Solar Technology 

Company Limited; and (10) Canadian 

Solar Manufacturing, Inc. 

Intent To Rescind Administrative 

Review in Part 

Based on record evidence obtained 

from U.S. Customs and Border 

Protection (CBP), we preliminarily 

determine that there are no suspended 

entries during the POR for the 

companies listed in Appendix II, all of 

which have existing separate rates.12 In 

the absence of any suspended entries of 

subject merchandise from these 

companies during the POR, Commerce 

intends to rescind its review of these 

companies in the final results of this 

review. 

Commerce also intends to rescind this 

review with respect to Red Sun Energy 

Long An Company Limited. See the 

Preliminary Decision Memorandum for 

details. 

Companies Not Reviewed 

Based on record evidence obtained 

from CBP, we preliminarily determine 

that there are no suspended entries 

during the POR for the companies listed 

in Appendix III, all of which currently 

do not have a separate rate.13 In the 

absence of any suspended entries of 

subject merchandise from these 

companies during the POR, and based 

on the fact that these companies do not 

have a separate rate and are part of the 

China-wide entity, which is not under 

review as no parties requested a review 

of the entity, we are not conducting a 

review of these companies. 

Preliminary Determination of No 

Shipments 

Trina Solar (Changzhou) Science and 

Technology Co., Ltd. (Trina Solar 

Changzhou) and Jinko Solar,14 claimed 

that they did not ship subject 

merchandise during the POR. However, 

entry data obtained from CBP appear to 

contradict those claims.15 Additionally, 

the American Alliance for Solar 

Manufacturing (the petitioner) placed 

Datamyne data on the record which it 

claims shows that Jinko Solar may have 

shipped subject merchandise during the 

POR. 

After analyzing the information on the 

record, we preliminarily determine that 

there is no evidence that Trina Solar 

Changzhou or Jinko Solar failed to 

properly report entries of their subject 

merchandise.16 If our determination 

remains unchanged in the final results 

of this review, we will instruct CBP to 

liquidate entries of subject merchandise 

during the POR that were recorded 

under the company-specific case 

numbers for Trina Solar Changzhou or 

Jinko Solar at the China-wide rate. 

Application of Facts Available With 

Adverse Inferences 

Sungold’s solar cell suppliers failed to 

provide factors of production (FOP) data 

for use in calculating the weightedaverage dumping margin of Sungold. 

Because the solar cells suppliers are 

interested parties, and they declined to 

provide requested information, that 

information is not on the record. 

Consequently, we have preliminarily 

applied partial facts available with 

adverse inferences in place of the 

missing FOP data, pursuant to sections 

776(a)(1), (2)(A)–(C), and 776(b) of the 

Tariff Act of 1930, as amended (the Act). 

For details regarding this preliminary 

determination, see the Preliminary 

Decision Memorandum. 

Separate Rates 

We have preliminarily determined 

that the companies listed in the table in 

the ‘‘Preliminary Results of Review’’ 

section of this notice below 

demonstrated that they qualified for a 

separate rate but the companies listed in 

Appendix IV have not done so. 

Consequently, we have preliminarily 


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17The China-wide entity rate was last changed in 

the first administrative review of this proceeding 

and has been the applicable rate for the entity in 

each subsequent review, including the most 

recently completed review. 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; 

2012–2013, 80 FR 40998, 41002 (July 14, 2015) 

(Solar Cells from China AR1 Final); see also 

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; 2019–2020, 87 FR 

38379, 38381 (June 28, 2022). 

18See 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 (November 4, 2013). 

19See Wooden Cabinet and Vanities and 

Components Thereof From the People’s Republic of 

China: Final Results and Partial Rescission of the 

Antidumping Duty Administrative Review; 2019– 

2021, 87 FR 67674 (November 9, 2022), and 

accompanying Issues and Decision Memorandum at 

Comment 5. 

20See Antidumping Duty Investigation of Certain 

Aluminum Foil from the People’s Republic of 

China: Affirmative Preliminary Determination of 

Sales at Less-Than-Fair Value and Postponement of 

Final Determination, 82 FR 50858, 50861 

(November 2, 2017) (citing Memorandum, ‘‘China’s 

Status as a Non-Market Economy,’’ dated October 

26, 2017), unchanged in Certain Aluminum Foil 

from the People’s Republic of China: Final 

Determination of Sales at Less Than Fair Value, 83 

FR 9282 (March 5, 2018). 

21See 19 CFR 351.309(c)(ii). 

treated the companies listed in 

Appendix IV as part of the China-wide 

entity. Because no party requested a 

review of the China-wide entity, the 

entity’s dumping margin is 238.95 

percent 17 and not subject to change.18

For additional information regarding 

Commerce’s preliminary separate rate 

determinations, see the Preliminary 

Decision Memorandum. 

Dumping Margins for Separate Rate 

Companies 

The statute and Commerce’s 

regulations do not address what 

dumping margin to apply to 

respondents that are not selected for 

individual 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 an 

investigation, for guidance when 

calculating the dumping margin for 

respondents that are not individually 

examined in an administrative review. 

Under section 735(c)(5)(A) of the Act, 

the all-others rate is normally ‘‘equal to 

the weighted average of the estimated 

weighted average dumping margins 

established for exporters and producers 

individually investigated, excluding any 

zero and de minimis dumping margins, 

and any dumping margins determined 

entirely {on the basis of facts 

available}.’’ When the weighted-average 

dumping margins established for all 

individually examined respondents are 

zero, de minimis, or based entirely on 

facts available, section 735(c)(5)(B) of 

the Act permits Commerce to ‘‘use any 

reasonable method to establish the 

estimated all-others rate for exporters 

and producers not individually 

investigated, including averaging the 

estimated weighted average dumping 

margins determined for the exporters 

and producers individually 

investigated.’’ Consistent with 

Commerce’s practice,19 we 

preliminarily determine that a 

reasonable method would be to assign a 

dumping margin to the non-individually 

examined separate rate companies equal 

to the zero percent preliminary 

dumping margin calculated for Sungold. 

For additional information,see the 

Preliminary Decision Memorandum. 

Methodology 

Commerce is conducting this 

administrative review in accordance 

with section 751(a)(1)(B) of the Act. In 

determining Sungold’s dumping margin, 

we calculated export prices in 

accordance with section 772 of the Act. 

Because Commerce previously 

determined that China is a non-market 

economy country,20 within the meaning 

of section 771(18) of the Act, we 

calculated normal value in accordance 

with section 773(c) of the Act. 

For a full description of the 

methodology underlying the 

preliminary results of this review, see 

the Preliminary Decision Memorandum. 

A list of topics discussed in the 

Preliminary Decision Memorandum is 

included as Appendix I to this notice. 

The Preliminary Decision Memorandum 

is a public document and is made 

available to the public 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 Preliminary 

Decision Memorandum is available at 

https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Preliminary Results of Review 

We are assigning the following 

dumping margins to the firms listed 

below for the period December 1, 2021, 

through November 30, 2022: 

Exporter 

Weighted-average 

dumping margin 

(percent) 

Shenzhen Sungold Solar Co., Ltd ............................................................................................................................................... 0.00 

Review-Specific Average Rate Applicable to the Following Companies 

BYD (Shangluo) Industrial Co., Ltd ............................................................................................................................................. 0.00 

Hongkong Hello Tech Energy Co., Ltd ....................................................................................................................................... 0.00 

Trina Solar Co., Ltd ..................................................................................................................................................................... 0.00 

Trina Solar Science & Technology (Thailand) Ltd ...................................................................................................................... 0.00 

Zhejiang Aiko Solar Energy Technology Co., Ltd ....................................................................................................................... 0.00 

Disclosure 

Commerce intends to disclose to 

parties to the proceeding the 

calculations performed for these 

preliminary results of review to 

interested parties within five days after 

public announcement of the preliminary 

results or, if there is no public 

announcement, within five days of the 

date of publication of this notice in the 

Federal Register in accordance with 19 

CFR 351.224(b). 

Public Comment 

Interested parties may submit case 

briefs to Commerce no later than 30 

days after the date of publication of 

these preliminary results of review in 

the Federal Register.21 Interested 

parties may file rebuttal briefs, that are 

limited to the issues raised in case 

briefs, not later than five days after the 


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22See 19 CFR 351.309(d); see also Administrative 

Protective Order, Service, and Other Procedures in 

Antidumping and Countervailing Duty Proceedings, 

88 FR 67069, 67077 (September 29, 2023) (APO and 

Final Service Rule). 

23See 19 351.309(c)(2) and (d)(2). 

24We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

25See APO and Final Service Rule. 

26See Antidumping Proceedings: Calculation of 

the Weighted Average Dumping Margin and 

Assessment Rate in Certain Antidumping 

Proceedings: Final Modification, 77 FR 8101 

(February 14, 2012) (Final Modification). 

27See Drawn Stainless Steel Sinks from the 

People’s Republic of China: Preliminary Results of 

the Antidumping Duty Administrative Review and 

Preliminary Determination of No Shipments; 2014– 

2015, 81 FR 29528 (May 12, 2016), and 

accompanying Issues and Decision Memorandum at 

10–11, unchanged in Drawn Stainless Steel Sinks 

from the People’s Republic of China: Final Results 

of Antidumping Duty Administrative Review; Final 

Determination of No Shipments; 2014–2015, 81 FR 

54042 (August 15, 2016). 

28See 19 CFR 351.212(b)(1). 

29See Final Modification, 77 FR 8103. 

30See NME Assessment of Dumping Duties, for a 

full discussion of this practice. 

31See Solar Cells from China AR1 Final, 80 FR 

41002. 

date for filing case briefs.22 Interested 

parties who submit case or rebuttal 

briefs must submit: (1) a table of 

contents listing each issue discussed in 

the brief; and (2) a table of authorities.23

As provided under 19 CFR 

351.309(c)(2) and (d)(2), in prior 

proceedings we have encouraged 

interested parties to provide an 

executive summary of their brief that 

should be limited to five pages total, 

including footnotes. In this review, we 

instead request that interested parties 

provide at the beginning of their briefs 

a public, executive summary for each 

issue raised in their briefs.24 Further, we 

request that interested parties limit their 

executive summary of each issue to no 

more than 450 words, not including 

citations. We intend to use the executive 

summaries as the basis of the comment 

summaries included in the issues and 

decision memorandum that will 

accompany the final results in this 

administrative review. We request that 

interested parties include footnotes for 

relevant citations in the executive 

summary of each issue. Note that 

Commerce has amended certain of its 

requirements pertaining to the service of 

documents in 19 CFR 351.303(f).25

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, limited to issues raised in the 

case and rebuttal briefs, must submit a 

written request for a hearing to the 

Assistant Secretary for Enforcement and 

Compliance, U.S. Department of 

Commerce, filed electronically via 

ACCESS, within 30 days after the date 

of publication of this notice in the 

Federal Register. Requests for a hearing 

should contain: (1) the requesting 

party’s name, address, and telephone 

number; (2) the number of individuals 

associated with the requesting party that 

will attend the hearing and whether any 

of those individuals is a foreign 

national; and (3) a list of the issues the 

party intends to discuss at the hearing. 

If a request for a hearing is made, 

Commerce intends to hold the hearing 

at a time and date to be determined. 

Parties should confirm by telephone the 

date, time, and location of the hearing 

two days before the scheduled hearing 

date. 

Final Results of Review 

Unless otherwise extended, 

Commerce intends to issue the final 

results of this administrative review, 

which will include the results of its 

analysis of issues raised in any briefs, 

within 120 days of publication of these 

preliminary results of review in the 

Federal Register, pursuant to section 

751(a)(3)(A) of the Act. 

Assessment Rates 

Upon issuance of the final results of 

this review, Commerce will determine, 

and CBP shall assess, antidumping 

duties on all appropriate entries covered 

by this review.26 Commerce intends to 

issue assessment instructions to CBP no 

earlier than 35 days after the date of 

publication of the notice 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). 

Where a respondent’s weighted 

average dumping margin is zero percent 

or de minimis, or an importer/customerspecific ad valorem assessment rate is 

zero percent or de minimis, Commerce’s 

practice is to instruct CBP to liquidate 

the appropriate entries without regard to 

dumping duties.27 Thus, if Commerce 

continues to calculate a weightedaverage dumping margin of zero percent 

for Sungold in the final results of this 

review, it will instruct CBP to liquidate 

entries of Sungold’s subject 

merchandise during the POR without 

regard to antidumping duties. 

However, if Sungold’s final weightedaverage dumping margin is not zero 

percent or de minimis (i.e., less than 0.5 

percent), Commerce intends to calculate 

importer/customer-specific assessment 

rates 28 by dividing the total amount of 

dumping for reviewed sales to the 

importer/customer by the total quantity 

of those sales. Commerce will calculate 

an estimated ad valorem importer/ 

customer-specific assessment rate to 

determine whether the per-unit 

assessment rate is de minimis; however, 

it will instruct CBP to apply the per-unit 

assessment rate.29

Commerce will base the assessment 

rate of the respondents that were not 

selected for individual examination that 

qualify for a separate rate on the 

weighted-average dumping margin that 

it calculates for Sungold in the final 

results of this review.30

Pursuant to a refinement of its 

practice, Commerce will instruct CBP to 

liquidate entries of Sungold’s subject 

merchandise for which sales were not 

reported in the U.S. sales database at the 

dumping margin assigned to the Chinawide entity.31

Additionally, we intend to instruct 

CBP to liquidate entries of subject 

merchandise during the POR that were 

recorded under the company-specific 

case numbers for Trina Solar Changzhou 

or Jinko Solar at the China-wide 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 the notice of the final 

results of this administrative review in 

the Federal Register, as provided for by 

section 751(a)(2)(C) of the Act: (1) for 

the exporters listed in the table in the 

‘‘Preliminary Results of Review’’ section 

of this notice above, the cash deposit 

rate will be equal to the weightedaverage dumping margin established in 

the final results of this review for the 

exporter (except, if the dumping margin 

is de minimis (i.e., less than 0.5 

percent), then the cash deposit rate will 

be zero for that exporter); (2) for 

previously investigated or reviewed 

Chinese and non-Chinese exporters that 

are not listed in the rate table in the 

final results of review that have separate 

rates, 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 Chinawide entity, which is 238.95 percent, 

and (4) for all non-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 applicable to the China 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 3 / Thursday, January 4, 2024 / Notices 461 

1See Utility Scale Wind Towers from India and 

Malaysia: Antidumping Duty Orders, 86 FR 69014 

(December 6, 2021) (Order). 

2See Antidumping or Countervailing Duty Order, 

Finding, or Suspended Investigation; Opportunity 

to Request Administrative Review and Join Annual 

Inquiry Service List, 87 FR 73752 (December 1, 

2022). 

3See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 88 FR 

7060 (February 2, 2023). 

exporter(s) that supplied that non-China 

exporter. These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice 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 and/or 

countervailing 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 

and/or countervailing duties has 

occurred, and the subsequent 

assessment of double antidumping 

duties, and/or an increase in the amount 

of antidumping duties by the amount of 

the countervailing duties. 

Notification to Interested Parties 

We are issuing and publishing these 

preliminary results of review in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act and 19 CFR 351.213 

and 351.221(b)(4). 

Dated: December 28, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix I 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Preliminary Successor-in-Interest 

Determination 

V. Partial Rescission of Administrative 

Review 

VI. Intent To Rescind Administrative Review 

in Part 

VII. Companies Not Reviewed 

VIII. Preliminary No-Shipments 

Determination 

IX. Discussion of the Methodology 

X. Recommendation 

Appendix II 

Companies for Which Commerce Intends To 

Rescind the Review 

1. Canadian Solar International Limited; 

Canadian Solar Manufacturing (Changshu) 

Inc.; Canadian Solar Manufacturing 

(Luoyang) Inc.; CSI Cells Co., Ltd.; CSI Solar 

Co., Ltd.; and CSI Solar Manufacturing (Fu 

Ning) Co., Ltd. 

2. Chint Solar (Hong Kong) Company 

Limited; Chint Solar (Jiuquan) Co., Ltd.; 

Chint Solar (Zhejiang) Co., Ltd.; and Chint 

New Energy Technology (Haining) Co., Ltd. 

3. JA Solar Technology Yangzhou Co., Ltd. 

4. Jiawei Solarchina Co., Ltd. 

5. JingAo Solar Co., Ltd. 

6. Longi Solar Technology Co. Ltd. 

7. Risen Energy Co. Ltd.; Risen Energy 

(Changzhou) Co., Ltd.; Risen (Wuhai) New 

Energy Co., Ltd.; Zhejiang Twinsel Electronic 

Technology Co., Ltd.; Risen (Luoyang) New 

Energy Co., Ltd.; Jiujiang Shengchao Xinye 

Technology Co., Ltd.; Jiujiang Shengzhao 

Xinye Trade Co., Ltd.; Ruichang Branch, 

Risen Energy (HongKong) Co., Ltd.; and 

Risen Energy (YIWU) Co., Ltd. 

8. Shanghai BYD Co., Ltd. 

9. Shanghai JA Solar Technology Co., Ltd. 

10. Shenzhen Topray Solar Co., Ltd. 

11. Wuxi Tianran Photovoltaic Co., Ltd. 

12. Xiamen Yiyusheng Solar Co., Ltd. 

Appendix III 

Companies Not Reviewed 

1. Renesola Jiangsu Ltd. 

2. BYD H.K. Co., Ltd. 

3. CSI Modules (DaFeng) Co., Ltd. 

4. De-Tech Trading Limited HK 

5. Hengdian Group DMEGC Magnetics Co. 

Ltd. 

6. JA Solar Co., Ltd. 

7. Jiawei Solarchina (Shenzhen) Co., Ltd. 

8. Lightway Green New Energy Co., Ltd. 

9. Longi (HK) Trading Ltd. 

10. Ningbo ETDZ Holdings, Ltd. 

11. Ningbo Qixin Solar Electrical 

Appliance Co., Ltd. 

12. ReneSola Zhejiang Ltd. 

13. Shanghai Nimble Co., Ltd. 

14. Sumec Hardware & Tools Co., Ltd. 

15. Suntech Power Co., Ltd. 

16. Taizhou BD Trade Co., Ltd. 

17. tenKsolar (Shanghai) Co., Ltd. 

18. Trina Solar Energy Development PTE 

Ltd. 

19. Jinko Solar International Limited 

20. Luoyang Suntech Power Co., Ltd. 

21. Trina Solar (Singapore) Science and 

Technology Pte. Ltd. 

22. Yingli Green Energy International 

Trading Company Limited 

23. Trina Solar Energy Development 

Company Limited 

24. Changzhou Trina Hezhong 

Photoelectric Co., Ltd. 

25. Changzhou Trina Solar Energy Co., Ltd. 

26. Changzhou Trina Solar Yabang Energy 

Co., Ltd. 

27. Hubei Trina Solar Energy Co., Ltd. 

28. Trina Solar (Hefei) Science and 

Technology Co., Ltd. 

29. Turpan Trina Solar Energy Co., Ltd. 

30. Yancheng Trina Guoneng Photovoltaic 

Technology Co., Ltd. 

31. Yancheng Trina Solar Energy 

Technology Co., Ltd. 

Appendix IV 

Companies Preliminarily Determined To Be 

Part of the China-Wide Entity 

1. Anji DaSol Solar Energy Science & 

Technology Co., Ltd. 

2. Maodi Solar Technology (Dongguan) Co., 

Ltd. 

3. Shenzhen Yingli New Energy Resources 

Co., Ltd.; Baoding Jiasheng Photovoltaic 

Technology Co. Ltd.; Baoding Tianwei Yingli 

New Energy Resources Co., Ltd.; (4) Beijing 

Tianneng Yingli New Energy Resources Co., 

Ltd.; Hainan Yingli New Energy Resources 

Co., Ltd.; Hengshui Yingli New Energy 

Resources Co., Ltd.; Lixian Yingli New 

Energy Resources Co., Ltd.; Tianjin Yingli 

New Energy Resources Co., Ltd.; and Yingli 

Energy (China) Company Limited. 

4. Wuxi Suntech Power Co., Ltd. 

[FR Doc. 2023–28999 Filed 1–3–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–557–821] 

Utility Scale Wind Towers From 

Malaysia: Preliminary Results of 

Antidumping Duty Administrative 

Review, 2021–2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S Department of 

Commerce (Commerce) preliminarily 

determines that the sole producer or 

exporter subject to this administrative 

review made sales of subject 

merchandise at below normal value 

(NV). The period of review (POR) is 

October 13, 2021, through November 30, 

2022. Interested parties are invited to 

comment on these preliminary results. 

DATES: Applicable January 4, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Nicolas Mayora, AD/CVD Operations, 

Office V, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–3053. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 6, 2021, Commerce 

published in the Federal Register the 

antidumping duty order on utility scale 

wind towers (wind towers) from 

Malaysia.1 On December 1, 2022, we 

published in the Federal Register a 

notice of opportunity to request an 

administrative review of the Order.2 On 

February 2, 2023, based on timely 

requests for an administrative review, in 

accordance with 19 CFR 

351.221(c)(1)(i), Commerce initiated the 

administrative review covering one 

company,3 CS Wind Malaysia Sdn Bhd 


khammond on DSKJM1Z7X2PROD with NOTICES