[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Notices]
[Pages 22164-22165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09206]


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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 
Rescission of 2013--2014 Antidumping Duty New Shipper Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting 
a new shipper review (``NSR'') 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 (``PRC''). 
The NSR covers one exporter and producer of subject merchandise, 
Hengdian Group DMEGC Magnetics Co., Ltd. (``DMEGC''). The period of 
review (``POR'') is December 1, 2013, through May 31, 2014. The 
Department preliminarily determines that DMEGC's sale to the United 
States was not bona fide; therefore, we are preliminarily rescinding 
this NSR. Interested parties are invited to comment on the preliminary 
results of this review.

DATES: Effective: April 21, 2015.

FOR FURTHER INFORMATION CONTACT: Jeffrey Pedersen, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-2769.

SUPPLEMENTARY INFORMATION:

Background

    On July 28, 2014, the Department published a notice of initiation 
of a new shipper review of the antidumping duty order on solar cells 
from the PRC.\1\ The Department subsequently issued an antidumping duty 
questionnaire, and supplemental questionnaires, to DMEGC and received 
timely responses thereto. Also, interested parties submitted comments 
on surrogate country and surrogate value selection. The Department 
extended the deadline for issuing the preliminary results of this 
review until April 7, 2015.\2\
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    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from the People's Republic of China: 
Initiation of Antidumping Duty New Shipper Review, 79 FR 43710 (July 
28, 2014).
    \2\ See the memoranda to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
Jeff Pedersen, International Trade Analyst, Office IV, Antidumping 
and Countervailing Duty Operations, entitled, ``Extension of 
Deadline for Preliminary Results of Antidumping Duty New Shipper 
Review'' dated January 13, 2015 and February 11, 2015 and the 
memorandum to Gary Taverman, Associate Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, from Valerie 
Ellis, International Trade Analyst, Office IV, Antidumping and 
Countervailing Duty Operations, entitled, ``Extension of Deadline 
for Preliminary Results of Antidumping Duty New Shipper Review'' 
dated March 16, 2015.
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Scope of the Order

    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.\3\ 
Merchandise covered by this review is classifiable under subheadings 
8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000 
of the Harmonized Tariff Schedule of the United States (``HTSUS''). 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, our written description of the scope of the order is 
dispositive.
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    \3\ For a complete description of the scope of the order, see 
Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Operations, to Ronald K. Lorentzen, 
Acting Assistant Secretary for Enforcement and Compliance, 
entititled ``Preliminary Rescission of the 2013-2014 Antidumping 
Duty New Shipper Review: Crystalline Silicon Photovoltaic Cells, 
Whether or Not Assembled into Modules, from the People's Republic of 
China'' issued concurrently with and hereby adopted by this notice 
(``Preliminary Decision Memorandum'').
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (``the Act'') and 19 
CFR 351.214. 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 http://access.trade.gov and in the Central 
Records Unit, room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the internet at http://www.trade.gov/enforcement/. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Rescission of the Antidumping New Shipper Review of DMEGC

    As discussed in the Bona Fide Sales Analysis Memorandum,\4\ the 
Department preliminarily finds that the sale made by DMEGC to the 
United States is not a bona fide sale. The Department reached this 
conclusion based on the totality of circumstances surrounding the 
reported sale, including, among other things, the price and quantity of 
the sale and DMEGC's

[[Page 22165]]

failure to provide evidence that the subject merchandise was resold at 
a profit. Because the non-bona fide sale was the only reported sale of 
subject merchandise during the POR, and thus there are no reviewable 
transactions on this record, we are preliminarily rescinding the 
instant administrative review. See 19 CFR 351.213(d)(3). Because much 
of the factual information used in our analysis of DMEGC's sale 
involves business proprietary information, a full discussion of the 
basis for our preliminary determination is set forth in the Memorandum 
to Howard Smith, Acting Director, AD/CVD Operations, Office IV, 
``Preliminary Bona Fide Sales Analysis for Hengdian Group DMEGC 
Magnetics Co., Ltd.,'' dated April 7, 2015, which is on the record of 
this proceeding.
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    \4\ See Memorandum from Jeffrey Pedersen, International Trade 
Analyst, Office IV AD/CVD Operations, to Howard Smith, Acting 
Director, Office IV, AD/CVD Operations entitled ``2013-2014 
Antidumping Duty New Shipper Review of Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules, from the 
People's Republic of China: Preliminary Bona Fide Sales Analysis for 
Hengdian Group DMEGC Magnetics Co., Ltd.'' dated concurrently with 
and hereby adopted by this notice (``Bona Fide Sales Analysis 
Memorandum'').
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Public Comment

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of the preliminary results of review.\5\ 
Rebuttals to case briefs may be filed no later than five days after the 
briefs are filed. All rebuttal comments must be limited to comments 
raised in the case briefs.\6\
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    \5\ See 19 CFR 351.309(c).
    \6\ See 19 CFR 351.309(d).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement & 
Compliance, U.S. Department of Commerce, within 30 days after the date 
of publication of this notice.\7\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. Oral argument presentations will be 
limited to issues raised in the briefs. If a request for a hearing is 
made, the Department intends to hold the hearing at the U.S. Department 
of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230, at a date and time to be determined.\8\ Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date.
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    \7\ See 19 CFR 351.310(c).
    \8\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety by the Department's electronic 
records system, ACCESS, by 5 p.m. Eastern Time (``ET'') on the due 
date. Documents excepted from the electronic submission requirements 
must be filed manually (i.e., in paper form) with the APO/Dockets Unit 
in Room 18022, and stamped with the date and time of receipt by 5 p.m. 
ET on the due date.\9\
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    \9\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
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    The Department intends to issue the final results of this NSR, 
which will include the results of its analysis of issues raised in any 
briefs received, no later than 90 days after the date these preliminary 
results of review are issued pursuant to section 751(a)(2)(B)(iv) of 
the Tariff Act of 1930, as amended (the ``Act'').

Assessment Rates

    If the Department proceeds to a final rescission of DMEGC's NSR, 
the assessment rate to which DMEGC's shipments will be subject will not 
be affected by this review. However, the Department initiated an 
administrative review of the antidumping duty order on solar cells from 
the PRC covering numerous exporters, including DMEGC, and the period 
December 1, 2013 through November 30, 2014, which encompasses the POR 
of this NSR.\10\ Thus, if the Department proceeds to a final 
rescission, we will instruct U.S. Customs and Border Protection (CBP) 
to continue to suspend entries during the period December 1, 2013 
through November 30, 2014 of subject merchandise exported by DMEGC 
until CBP receives instructions relating to the administrative review 
of this order covering the period December 1, 2013 through November 30, 
2014.
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    \10\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 6041, 6042 (February 4, 2015).
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    If the Department does not proceed to a final rescission of this 
new shipper review, pursuant to 19 CFR 351.212(b)(1), we will calculate 
importer-specific (or customer) assessment rates based on the final 
results of this review. However, pursuant to the Department's 
refinement to its assessment practice in NME cases, for entries that 
were not reported in the U.S. sales database submitted by DMEGC, the 
Department will instruct CBP to liquidate such entries at the PRC-wide 
rate.\11\
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    \11\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    Effective upon publication of the final rescission or the final 
results of this NSR, pursuant to section 751(a)(2)(B)(iii) of the Act 
and 19 CFR 351.214(e), the Department will instruct CBP to discontinue 
the option of posting a bond or security in lieu of a cash deposit for 
entries of subject merchandise by DMEGC. If the Department proceeds to 
a final rescission of this new shipper review, the cash deposit rate 
will continue to be the PRC-wide rate for DMEGC because the Department 
will not have determined an individual margin of dumping for DMEGC. If 
the Department issues final results for this new shipper review, the 
Department will instruct CBP to collect cash deposits, effective upon 
the publication of the final results, at the rates established therein.

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 the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Act.

     Dated: April 7, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Scope
2. Bona Fide Sales Analysis

[FR Doc. 2015-09206 Filed 4-20-15; 8:45 am]
BILLING CODE 3510-DS-P