76970 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 

1However, if the certification also does not meet 

the requirements set forth in Crystalline Silicon 

Photovoltaic Cells, Whether or Not Assembled into 

Modules, from the People’s Republic of China: Final 

Determination of Sales at Less Than Fair Value, 

and Affirmative Final Determination of Critical 

Circumstances, in Part, 77 FR 63791 (October 17, 

2012) (Solar I), then the applicable rate is the 

appropriate rate as set forth in the Solar I order. 

1See Certain Crystalline Silicon Photovoltaic 

Products From the People’s Republic of China: 

Affirmative Preliminary Determination of Sales at 

Less Than Fair Value and Postponement of Final 

Determination, 79 FR 44399 (July 31, 2014) 

(‘‘Preliminary Determination’’). 

12. Whether the Department Should 

Reallocate to Prime Products the 

Production Costs of Off-Grade Cells 

Reported to the Department as NonPrime Products (Non-Prime Products) 

13. Whether the Department Should Adjust 

the Affiliated Supplier’s Cost of Wafers 

Before Testing Gintech’s Transfer Prices 

with the Affiliated Wafer Supplier 

(Affiliated’s COP) 

14. Whether the Department Should 

Include Losses Related to Inventory 

Disposals in Gintech’s G&A Expense 

Rate (Inventory Disposals) 

15. Whether the Department Should 

Include LCM Adjustments in Gintech’s 

Reported Costs (LCM Adjustments) 

16. Whether the Department Should 

Account for the Differences between 

Gintech’s Total Cost Accounting System 

Costs and its Total Reported Costs 

(Methodological Difference) 

17. Whether the Department Should Adjust 

Gintech’s Financial Expense Rate for 

Certain Items Identified at Verification 

(Financial Expense Rate) 

C. Issues Involving Motech 

18. Whether to Include Reported ‘‘Indirect’’ 

Sales in the Calculation of U.S. Price 

19. Whether to Exclude Sales of Modules 

Produced by Motech’s Affiliate in the 

PRC 

20. Whether U.S. Indirect Selling Expenses 

Should Not Include Expenses for R&D 

21. Whether Motech’s Short-Term Interest 

Rate Should be used to Calculate U.S. 

Credit and Inventory Carrying Cost 

22. Whether U.S. Warehousing Expense 

Calculation Should be Revised 

23. Whether a Different Basis Should be 

Used for Certain Payment Dates 

24. Whether a Downward Adjustment 

Should be Made to the Price for a Home 

Market Transaction 

25. Whether Grade Z Cells Should Bear the 

Same Cost as Grades A and B Cells 

26. Whether the Inventory Adjustment 

Ratio Should be Revised 

27. Whether the Financial Expense Ratio 

Calculation Should Include the Gains on 

Foreign Currency Translation 

28. Whether the Cost for One of Motech’s 

Modules CONNUMs Should be Adjusted 

V. Recommendation 

Appendix II 

Importer Certification 

I hereby certify that I am an official of 

(insert name of company importing solar 

panels/modules), that I have knowledge of 

the facts regarding the importation of the 

solar panels/modules or other products 

containing solar panels/modules that entered 

under entry number(s) (insert entry 

number(s) covered by the certification), and 

that these solar panels/modules do not 

contain solar cells produced in Taiwan. 

By signing this certificate, I also hereby 

certify that (insert name of company 

importing solar panels/modules) maintains 

sufficient documentation supporting this 

certification for all solar cells used to 

produce the solar panels/modules imported 

under the above-referenced entry number(s). 

I understand that agents of the importer, such 

as brokers, are not permitted to make this 

certification. Also, I am aware that records 

pertaining to this certification may be 

requested by CBP. I understand that this 

certification must be completed at the time 

of the entry. I also understand that failure to 

maintain the required certification or failure 

to substantiate the claim that the panels/

modules do not contain solar cells produced 

in Taiwan will result in suspension of all 

unliquidated entries for which these 

requirements were not met and the 

requirement that the importer post an AD 

cash deposit on those entries equal to the 

applicable rate in effect at the time of entry.1

lllllllllllllllllllll

Name of Company Official 

lllllllllllllllllllll

Title 

lllllllllllllllllllll

Date 

Exporter Certification 

I hereby certify that I am an official of 

(insert name of company exporting solar 

panels/modules), that I have knowledge of 

the facts regarding the exportation of the 

solar panels/modules or other products 

containing the solar panels/modules 

identified below, and that these solar panels/ 

modules do not contain solar cells produced 

in Taiwan. 

By signing this certificate, I also hereby 

certify that (insert name of company 

exporting solar panels/modules) maintains 

sufficient documentation supporting this 

certification for all solar cells used to 

produce the solar panels/modules identified 

below. I am aware that records pertaining to 

this certification may be subject to 

verification by Department of Commerce 

officials and I consent to verification with 

respect to this certification and these records. 

I understand that this certification must be 

completed at the time of shipment. I also 

understand that failure to maintain the 

required certification or failure to 

substantiate the claim that the panels/

modules do not contain solar cells produced 

in Taiwan will result in suspension of all 

unliquidated entries for which these 

requirements were not met and the 

requirement that the importer post an AD 

cash deposit on those entries equal to the 

applicable rate in effect at the time of entry.1

The exports covered by this certification are 

(insert invoice numbers, purchase order 

numbers, export documentation, etc. to 

identify the exports covered by the 

certification). 

lllllllllllllllllllll

Name of Company Official 

lllllllllllllllllllll

Title 

lllllllllllllllllllll

Date 

[FR Doc. 2014–30107 Filed 12–22–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–010] 

Certain Crystalline Silicon Photovoltaic 

Products From the People’s Republic 

of China: Final Determination of Sales 

at Less Than Fair Value 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: December 23, 

2014. 

SUMMARY: The Department of Commerce 

(the Department) determines that certain 

crystalline silicon photovoltaic products 

(certain solar products) from the 

People’s Republic of China (PRC) are 

being, or are likely to be, sold in the 

United States at less than fair value 

(LTFV), as provided in section 735 of 

the Tariff Act of 1930, as amended (the 

Act). The final weighted-average 

dumping margins for this investigation 

are listed in the ‘‘Final Determination 

Margins’’ section below. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Pedersen or Thomas Martin, AD/ 

CVD Operations, Office IV, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone: (202) 482–2769 or (202) 482– 

3936, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department published the 

preliminary determination in the LTFV 

investigation of certain solar products 

from the PRC on July 31, 2014.1 The 

following events occurred since the 

preliminary determination. Between 

August 4 and 14, 2014, the Department 

conducted a verification of Changzhou 

Trina Solar Energy Co., Ltd. and Trina 

Solar (Changzhou) Science & 

Technology Co., Ltd. (collectively, Trina 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 76971 

2The Department is treating the Renesola and 

Jinko companies under investigation as a single 

entity hereinafter collectively referred to as 

Renesola/Jinko. See Memorandum to Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance, From Christian Marsh, Deputy 

Assistant Secretary for Antidumping and 

Countervailing Duty Operations regarding Certain 

Crystalline Silicon Photovoltaic Products from the 

People’s Republic of China: Issues and Decision 

Memorandum for the Final Determination of Sales 

at Less Than Fair Value,’’ dated concurrently with 

and hereby adopted by this notice (‘‘Issues and 

Decision Memorandum’’) at Comment 16. 

3See Memorandum to the File, from Erin 

Kearney, Patrick O’Connor, and Jeff Pedersen, 

International Trade Compliance Analysts, AD/CVD 

Operations, Office IV, titled ‘‘Verification of the 

Sales and Factors of Production Information 

Submitted by Changzhou Trina Solar Energy Co., 

Ltd. in the Antidumping Duty Investigation of 

Certain Crystalline Silicon Photovoltaic Products 

from the People’s Republic of China (‘‘PRC’’),’’ 

dated September 26, 2014; see Memorandum to the 

File, from Patrick O’Connor and Jeff Pedersen, 

International Trade Compliance Analysts, AD/CVD 

Operations, Office IV, titled ‘‘Verification of Trina 

Solar (U.S.) Inc. in the Antidumping Duty 

Investigation of Certain Crystalline Silicon 

Photovoltaic Products from the People’s Republic of 

China (‘‘PRC’’),’’ dated September 26, 2014. 

4See Memorandum to the File, from Thomas 

Martin, Lilit Astvatsatrian, Theresa Deeley, 

International Trade Compliance Analysts, AD/CVD 

Operations, Office IV, titled ‘‘Verification of the 

Sales Responses of Renesola America Inc. in the 

Antidumping Investigation of Certain Silicon 

Crystalline Photovoltaic Products from the People’s 

Republic of China,’’ dated September 30, 2014; see 

Memorandum to the File, from Thomas Martin, Lilit 

Astvatsatrian, Theresa Deeley, International Trade 

Compliance Analysts, AD/CVD Operations, Office 

IV, titled ‘‘Verification of Jinko Solar Import & 

Export Co., Ltd. and Jinko Solar (U.S.) Inc. in the 

Antidumping Duty Investigation of Certain 

Crystalline Silicon Photovoltaic Products, from the 

People’s Republic of China (‘‘PRC’’),’’ dated 

September 30, 2014; see Memorandum to the File, 

from Thomas Martin, Lilit Astvatsatrian, Theresa 

Deeley, International Trade Compliance Analysts, 

AD/CVD Operations, Office IV, titled ‘‘Verification 

of the Sales and Factors Responses of Renesola 

Jiangsu Ltd. in the Antidumping Duty Investigation 

of Certain Silicon Crystalline Photovoltaic Products 

from the People’s Republic of China,’’ dated 

October 2, 2014. 

5See Letter to All Interested Parties ‘‘Re: 

Antidumping and Countervailing Duty 

Investigations of Certain Crystalline Silicon 

Photovoltaic Products from the People’s Republic of 

China and the Antidumping Duty Investigation of 

Certain Crystalline Silicon Photovoltaic Products 

from Taiwan: Opportunity to Submit Scope 

Comments,’’ dated October 3, 2014. 

6See Letter from fourteen separate rate 

applicants, ‘‘Re: Antidumping and Countervailing 

Duty Investigations of Certain Crystalline Silicon 

Photovoltaic Products from the People’s Republic of 

China, and Antidumping Duty Investigation of 

Certain Crystalline Silicon Photo voltaic Products 

from Taiwan: Respondents’ Case Brief,’’ dated 

October 16, 2014; Letter from the PRC Government, 

‘‘Re: Government of China’s Case Brief: Certain 

Crystalline Silicon Photovoltaic Products from the 

People’s Republic Of China,’’ dated October 16, 

2014; Letter from Asun Energy Co., Ltd. (a/k/a 

Suzhou Asun Energy Co., Ltd.), ‘‘Re: Administrative 

Case Brief: Antidumping Duty Investigation of 

Certain Crystalline Silicon Photovoltaic Products 

from the People’s Republic of China (A–570–010),’’ 

dated October 16, 2014; Letter from Trina, ‘‘Re: 

Certain Crystalline Silicon Photovoltaic Products 

from the People’s Republic of China; Case Brief of 

Changzhou Trina Solar Energy Co., Ltd.,’’ dated 

October 16, 2014; Letter from Renesola, ‘‘Re: Certain 

Crystalline Silicon Photovoltaic Products from 

China; Case Brief,’’ dated October 16, 2014; Letter 

from Junco, ‘‘Re: Certain Crystalline Silicon 

Photovoltaic Products from the People’s Republic of 

China: Case Brief,’’ dated October 16, 2014; Letter 

from Hanwha QCELLS USA, Inc., ‘‘Re: Certain 

Crystalline Silicon Photovoltaic Products from the 

People’s Republic of China,’’ dated October 16, 

2014; Letter from Suniva, Inc., ‘‘Re: Case Brief on 

Scope Issues Certain Crystalline Silicon 

Photovoltaic Products from China and Taiwan,’’ 

dated October 16, 2014; Letter from tenKsolar 

(Shanghai) Co., Ltd., ‘‘Re: Certain Crystalline 

Silicon Photovoltaic Products from the People’s 

Republic of China and Taiwan– Case Brief,’’ dated 

October 16, 2014; Letter from SNJ Enterprises LLC 

dba Zamp Solar and Quebec Inc. dba RDK Products, 

‘‘Re: Certain Crystalline Silicon Photovoltaic 

Products from the People’s Republic of China: Case 

Brief,’’ dated October 16, 2014; Letter from 

Petitioner, ‘‘Re: Certain Crystalline Silicon 

Photovoltaic Products from the People’s Republic of 

China: Case Brief of Solar World Americas, Inc.,’’ 

dated October 16, 2014. 7See Letter from Hanwha SolarOne (Qidong) Co., 

Ltd. and Hanwha SolarOne Hong Kong Limited, 

‘‘Re: Rebuttal Brief: Antidumping Duty 

Investigation of Certain Crystalline Silicon 

Photovoltaic Products from the People’s Republic of 

China (A–570–010),’’ dated October 22, 2014; Letter 

from Asun Energy Co., Ltd. (a/k/a Suzhou Asun 

Energy Co., Ltd.), ‘‘Re: Rebuttal Brief: Antidumping/ 

Countervailing Duty Investigations of Certain 

Crystalline Silicon Photovoltaic Products from the 

People’s Republic of China,’’ dated October 22, 

2014; Letter from Shangluo BYD Industrial Co., Ltd. 

and Shanghai BYD Co., Ltd. ‘‘Re: Crystalline Silicon 

Photovoltaic Products from the People’s Republic of 

China and Taiwan: Rebuttal Brief,’’ dated October 

22, 2014; Letter from Changzhou Almaden Co., Ltd., 

‘‘Re: Crystalline Silicon Photovoltaic Products from 

P.R. China: Rebuttal Brief,’’ dated October 22, 2014; 

Letter from Renesola ‘‘Re: Certain Crystalline 

Silicon Photovoltaic Products from China; Rebuttal 

Brief,’’ dated October 22, 2014; Letter from 

Petitioner, ‘‘Re: Certain Crystalline Silicon 

Photovoltaic Products from the People’s Republic of 

China: Rebuttal Brief of Solar World Americas, 

Inc.,’’ dated October 22, 2014; Letter from Trina, 

‘‘Re: Certain Crystalline Silicon Photovoltaic 

Products from the People’s Republic of China: 

Rebuttal Brief of Changzhou Trina Solar Energy Co., 

Ltd.,’’ dated October 22, 2014. see also Letter from 

fourteen separate rate applicants, ‘‘Re: Antidumping 

and Countervailing Duty Investigations of Certain 

Crystalline Silicon Photovoltaic Products from the 

People’s Republic of China, and Antidumping Duty 

Investigation of Certain Crystalline Silicon Photo 

voltaic Products from Taiwan: Respondents’ 

Rebuttal Brief,’’ dated October 27, 2014; Letter from 

Hanwha QCELLS USA, Inc. ‘‘Re: Certain Crystalline 

Silicon Photovoltaic Products from the People’s 

Republic of China,’’ dated October 27, 2014; Letter 

from SNJ Enterprises LLC dba Zamp Solar LLC and 

Quebec Inc. dba RDK Products, ‘‘Re: Certain 

Crystalline Silicon Photovoltaic Products from the 

People’s Republic of China: Rebuttal Brief,’’ dated 

October 27, 2014; Letter from Petitioner, ‘‘Re: 

Certain Crystalline Silicon Photovoltaic Products 

from the People’s Republic of China: SolarWorld’s 

Rebuttal Brief on Scope,’’ dated October 27, 2014. 

8 19 CFR 351.204(b)(1). 

9See Issues and Decision Memorandum. 

10 Id. at Comment 1. 

Solar) in Changzhou, PRC, and 

conducted a verification of their U.S. 

sales affiliate, Trina Solar (U.S.) Inc., in 

San Jose, California. Between August 7 

and 20, 2014, the Department conducted 

a verification of Renesola Jiangsu Ltd., 

Renesola America Inc., Jinko Solar 

Import and Export Co., Ltd., and Jinko 

Solar (U.S.) Inc., in Shanghai and 

Yixing, PRC, and in San Francisco, 

California.2 The Department issued the 

verification reports regarding Trina 

Solar on September 26, 2014.3 The 

Department issued the verification 

reports regarding Renesola/Jinko on 

September 30 and October 2, 2014.4

On October 3, 2014, in response to 

interested parties’ comments on the 

scope of this investigation, the 

Department announced that it was 

considering the possibility of a scope 

clarification, described the possible 

clarification, and provided interested 

parties with an opportunity to submit 

comments on the potential 

clarification.5

On October 16, 2014, Trina Solar, 

Renesola/Jinko, SolarWorld Americas 

Inc. (Petitioner) (formerly SolarWorld 

Industries America, Inc.), the 

Government of the PRC, a U.S. importer, 

Suniva Inc., and certain separate rate 

applicants submitted case briefs.6 From 

October 22, 2014 to October 27, 2014, 

Trina Solar, Renesola/Jinko, Petitioner, 

and certain separate rate applicants 

submitted rebuttal briefs.7

Although certain parties requested 

that a hearing be held, on October 24, 

2014, all requests were subsequently 

withdrawn. Thus, the Department did 

not hold a hearing with respect to this 

investigation. 

Period of Investigation 

The period of investigation (POI) is 

April 1, 2013, through September 30, 

2013. This period corresponds to the 

two most recent fiscal quarters prior to 

the month of the filing of the petition, 

which was December 2013.8

Scope Comments and Scope 

Clarification 

As indicated in the ‘‘Background’’ 

section above, the Department received 

comments regarding the scope of this 

investigation from numerous interested 

parties. The Department summarized 

these comments and addressed them in 

the accompanying Issues and Decision 

Memorandum.9 As explained in the 

Issues and Decision Memorandum, we 

have clarified the scope language such 

that subject merchandise includes all 

modules, laminates and/or panels 

assembled in the PRC that contain 

crystalline silicon photovoltaic cells 

produced in a customs territory other 

than the PRC.10 The scope of the 

investigation for this final determination 

is below. 

mstockstill on DSK4VPTVN1PROD with NOTICES

76972 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 

11Preliminary Determination, 79 FR 44901– 

44902. 

12Crystalline Silicon Photovoltaic Cells, Whether 

or Not Assembled Into Modules, From the People’s 

Republic of China: Final Affirmative Countervailing 

Duty Determination and Final Affirmative Critical 

Circumstances Determination, 77 FR 63788 

(October 17, 2012) (‘‘crystalline silicon photovoltaic 

cells, whether or not assembled into modules, from 

the PRC’’). 

13See 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); Crystalline Silicon Photovoltaic 

Cells, Whether or Not Assembled Into Modules, 

From the People’s Republic of China: 

Countervailing Duty Order, 77 FR 73017 (December 

7, 2012). 

Certifications No Longer Required for 

This Proceeding 

In the Preliminary Determination, the 

Department announced that (1) if an 

importer imports solar modules that 

were assembled in the PRC and (2) 

claims the solar modules do not contain 

solar cells manufactured in third 

countries using ingots, wafers, or 

partially produced solar cells 

manufactured in the PRC, the importer 

and PRC exporter of those solar modules 

are required to certify the claim and 

maintain documentation supporting the 

certifications.11 However, given the 

clarification to the scope language, the 

Department is revoking the importer 

and exporter certification requirements 

announced in the Preliminary 

Determination. Importers and PRC 

exporters will not be required to 

maintain the certifications identified in 

the Preliminary Determination for 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after July 31, 2014, the date of 

publication of the Preliminary 

Determination notice in the Federal 

Register. The revocation of the 

certification requirements previously 

established in this investigation does 

not change or rescind the certification 

requirements established in connection 

with the existing AD order on 

crystalline silicon photovoltaic cells, 

whether or not assembled into modules, 

from the PRC.12

Scope of the Investigation 

The merchandise covered by this 

investigation is 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 

this investigation, subject merchandise 

includes modules, laminates and/or 

panels assembled in the PRC consisting 

of crystalline silicon photovoltaic cells 

produced in a customs territory other 

than the PRC. 

Subject merchandise includes 

modules, laminates and/or panels 

assembled in the PRC consisting of 

crystalline silicon photovoltaic cells of 

thickness equal to or greater than 20 

micrometers, having a p/n junction 

formed by any means, whether or not 

the cell has undergone other processing, 

including, but not limited to, cleaning, 

etching, coating, and/or addition of 

materials (including, but not limited to, 

metallization and conductor patterns) to 

collect and forward the electricity that 

is generated by the cell. 

Excluded from the scope of this 

investigation are thin film photovoltaic 

products produced from amorphous 

silicon (a-Si), cadmium telluride (CdTe), 

or copper indium gallium selenide 

(CIGS). Also excluded from the scope of 

this investigation are modules, 

laminates and/or panels assembled in 

the PRC, consisting of crystalline silicon 

photovoltaic cells, not exceeding 

10,000mm 2 in surface area, that are 

permanently integrated into a consumer 

good whose function is other than 

power generation and that consumes the 

electricity generated by the integrated 

crystalline silicon photovoltaic cells. 

Where more than one module, laminate 

and/or panel is permanently integrated 

into a consumer good, the surface area 

for purposes of this exclusion shall be 

the total combined surface area of all 

modules, laminates and/or panels that 

are integrated into the consumer good. 

Further, also excluded from the scope of 

this investigation are any products 

covered by the existing antidumping 

and countervailing duty orders on 

crystalline silicon photovoltaic cells, 

whether or not assembled into modules, 

laminates and/or panels, from the 

PRC.13

Merchandise covered by this 

investigation 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 of this 

investigation is dispositive. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

investigation are addressed in the Issues 

and Decision Memorandum. A list of 

the issues which the parties raised and 

to which the Department responded in 

the Issues and Decision Memorandum is 

attached to this notice as an Appendix. 

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 http://access.trade.gov and it is 

available to all parties in the Central 

Records Unit, room 7046 of the main 

Department of Commerce building. In 

addition, a complete version of the 

Issues and Decision Memorandum can 

be accessed directly at http:// 

enforcement.trade.gov/frn/. The signed 

and electronic versions of the Issues and 

Decision Memorandum are identical in 

content. 

Changes to the Margin Calculations 

Since the Preliminary Determination 

Based on the Department’s analysis of 

the comments received and our findings 

at verification, we made certain changes 

to the margin calculations. For a 

discussion of these changes, see the 

Issues and Decision Memorandum, the 

company-specific analysis and surrogate 

value memoranda, and the separate rate 

calculation memorandum, all dated 

concurrently with this notice. 

Verification 

As provided in section 782(i) of the 

Act and 19 CFR 351.307(b)(1)(i), in 

August 2014, the Department verified 

the information submitted by Trina 

Solar and Renesola/Jinko for use in the 

final determination. The Department 

used standard verification procedures, 

including examination of relevant 

accounting and production records and 

original source documents provided by 

Trina Solar and Renesola/Jinko. 

Final Determination Margins 

The Department determines that the 

following weighted-average dumping 

margins exist for the period April 1, 

2013 through September 30, 2013. 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 76973 

14See the memorandum from Jeff Pedersen, 

Senior International Trade Analyst, Office IV, AD/ 

CVD Operations to Abdelali Elouaradia, Director, 

Continued 

Exporter Producer 

Weightedaverage dumping 

margin 

(percent) 

Changzhou Trina Solar Energy Co., Ltd./Trina Solar 

(Changzhou) Science & Technology Co., Ltd.

Changzhou Trina Solar Energy Co., Ltd./Trina Solar 

(Changzhou) Science & Technology Co., Ltd.

26.71 

Renesola Jiangsu Ltd./Renesola Zhejiang Ltd./Jinko Solar 

Co. Ltd./Jinko Solar Import and Export Co., Ltd.

Renesola Jiangsu Ltd./Jinko Solar Co. Ltd. ............................ 78.42 

Anji DaSol Solar Energy Science & Technology Co., Ltd. ...... Anji DaSol Solar Energy Science & Technology Co., Ltd. ...... 52.13 

Asun Energy Co., Ltd. (a/k/a Suzhou Asun Energy Co., Ltd.) Asun Energy Co., Ltd. (a/k/a Suzhou Asun Energy Co., Ltd.) 52.13 

Baoding Tianwei Yingli New Energy Resources Co. , Ltd. ...... Baoding Tianwei Yingli New Energy Resources Co., Ltd., 

Yingli Energy (China) Co., Ltd., and Lixian Yingli New Energy Co., Ltd..

52.13 

BYD (Shangluo) Industrial Co., Ltd. ......................................... BYD (Shangluo) Industrial Co., Ltd. ........................................ 52.13 

Canadian Solar International Limited ....................................... Canadian Solar Manufacturing (Luoyang) Inc., Canadian 

Solar Manufacturing (Changshu), Inc.

52.13 

Canadian Solar Manufacturing (Changshu), Inc ...................... Canadian Solar Manufacturing (Changshu), Inc ..................... 52.13 

Canadian Solar Manufacturing (Luoyang) Inc .......................... Canadian Solar Manufacturing (Luoyang) Inc ......................... 52.13 

CEEG Nanjing Renewable Energy Co., Ltd. ............................ CEEG Nanjing Renewable Energy Co., Ltd. ........................... 52.13 

Changzhou Almaden Co., Ltd. ................................................. Changzhou Almaden Co., Ltd. ................................................. 52.13 

Chint Solar (Zhejiang) Co., Ltd. ................................................ Chint Solar (Zhejiang) Co., Ltd. ............................................... 52.13 

ET Solar Industry Limited ......................................................... ET Solar Industry Limited ........................................................ 52.13 

Hainan Yingli New Energy Resources Co. Ltd. ....................... Hainan Yingli New Energy Resources Co. Ltd. ....................... 52.13 

Hangzhou Zhejiang University Sunny Energy Science and 

Technology Co., Ltd.

Hangzhou Zhejiang University Sunny Energy Science and 

Technology Co., Ltd.

52.13 

Hanwha SolarOne (Qidong) Co., Ltd. ...................................... Hanwha SolarOne (Qidong) Co., Ltd. ...................................... 52.13 

Hanwha SolarOne Hong Kong Limited .................................... Hanwha SolarOne (Qidong) Co., Ltd. ...................................... 52.13 

Hefei JA Solar Technology Co., Ltd. ........................................ Hefei JA Solar Technology Co., Ltd. ....................................... 52.13 

Hengdian Group DMEGC Magnetics Co., Ltd. ........................ Hengdian Group DMEGC Magnetics Co., Ltd. ........................ 52.13 

Hengshui Yingli New Energy Resources Company Limited .... Hengshui Yingli New Energy Resources Company Limited ... 52.13 

Jiangyin Hareon Power Co., Ltd. ............................................. Jiangyin Xinhui Solar Co., Ltd.; Altusvia Energy Taicang Co., 

Ltd.; Hareon Solar Technology Co., Ltd..

52.13 

Jiawei Solarchina Co., Ltd. ....................................................... Jiawei Solarchina (Shenzhen) Co., Ltd. .................................. 52.13 

Jiawei Technology (HK) Ltd. .................................................... Shenzhen Jiawei Photovoltaic Lighting Co. Ltd. ..................... 52.13 

LDK Solar Hi-Tech (Nanchang) Co., Ltd. ................................. LDK Solar Hi-Tech (Nanchang) Co., Ltd. ................................ 52.13 

Lixian Yingli New Energy Company Ltd. .................................. Lixian Yingli New Energy Company Ltd. ................................. 52.13 

MOTECH (Suzhou) Renewable Energy Co., Ltd. .................... MOTECH (Suzhou) Renewable Energy Co., Ltd. ................... 52.13 

Ningbo Qixin Solar Electrical Appliance Co., Ltd. .................... Ningbo Qixin Solar Electrical Appliance Co., Ltd. ................... 52.13 

Perlight Solar Co., Ltd. ............................................................. Perlight Solar Co., Ltd. ............................................................. 52.13 

Risen Energy Co., Ltd. ............................................................. Risen Energy Co., Ltd. ............................................................. 52.13 

Shanghai JA Solar Technology Co., Ltd. ................................. Shanghai JA Solar Technology Co., Ltd. ................................ 52.13 

Shanghai Solar Energy Science & Technology Co., Ltd. ........ Lianyungang Shenzhou New Energy Co., Ltd. ....................... 52.13 

Shenzhen Jiawei Photovoltaic Lighting Co. Ltd. ...................... Shenzhen Jiawei Photovoltaic Lighting Co. Ltd. ..................... 52.13 

Shenzhen Sungold Solar Co., Ltd. ........................................... Shenzhen Sungold Solar Co., Ltd. .......................................... 52.13 

Shenzhen Topray Solar Co., Ltd. ............................................. Shenzhen Topray Solar Co., Ltd. ............................................ 52.13 

Sun Earth Solar Power Co., Ltd. .............................................. Sun Earth Solar Power Co., Ltd. ............................................. 52.13 

Sunny Apex Development Ltd. ................................................. Shenzhen Jiawei Photovoltaic Lighting Co. Ltd., Wuhan FYY 

Technology Co., Ltd..

52.13 

SunPower Systems SARL ........................................................ SunEnergy (S.Z.) Co., Ltd. ...................................................... 52.13 

tenKsolar (Shanghai) Co., Ltd. ................................................. tenKsolar (Shanghai) Co., Ltd. ................................................ 52.13 

Upsolar Global Co., Ltd. and including Upsolar Group, Co., 

Ltd..

Shandong Dahai Group Co. Ltd. ............................................. 52.13 

Wanxiang Import & Export Co., Ltd. ........................................ Zhejiang Wanxiang Solar Co., Ltd. .......................................... 52.13 

Wuhan FYY Technology Co., Ltd. ............................................ Wuhan FYY Technology Co., Ltd. ........................................... 52.13 

Wuxi Suntech Power Co., Ltd. ................................................. Wuxi Suntech Power Co., Ltd. ................................................. 52.13 

Yingli Energy (China) Company Limited .................................. Yingli Energy (China) Company Limited, Baoding Tianwei 

Yingli New Energy Resources Co., Ltd. and Lixian Yingli 

New Energy Co., Ltd..

52.13 

Yingli Green Energy International Trading Limited .................. Yingli Energy (China) Company Limited, Baoding Tianwei 

Yingli New Energy Resources Co., Ltd., and Hainan Yingli 

New Energy Resources Co., Ltd..

52.13 

Zhongli Talesun Solar Co., Ltd. ................................................ Zhongli Talesun Solar Co., Ltd. ............................................... 52.13 

PRC-Wide Rate 165.04 

PRC-Wide Entity 

Consistent with the Preliminary 

Determination, the PRC-wide entity 

includes, among other companies, CSG 

PVTech Co., Ltd.; Lianyungang 

Shenzhou New Energy Co., Ltd.; 

Lightway Green New Energy Co., Ltd.; 

SunEnergy (S.Z.) Co., Ltd.; SunPower 

Corporation (U.S.); Jiawei Solarchina 

(Shenzhen) Co., Ltd.; and Sumec 

Hardware & Tools Co., Ltd. We found 

these companies either have not 

demonstrated an absence of de facto 

government control, or did not have a 

sales transaction during the POI that 

provided a basis for granting separate 

rate status.14

mstockstill on DSK4VPTVN1PROD with NOTICES

76974 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 

Office IV AD/CVD Operations regarding 

‘‘Companies Not Receiving a Separate Rate,’’ dated 

July 24, 2014; see also Comments 7 and 8 of the 

Issues and Decision Memorandum. 15Those companies are: Beijing Hope Industry, 

China Sunergy, CNPV, EGing, ENN Solar Energy, 

Era Solar, Goldpoly (Quanzhou), Himin Holdings, 

Jetion, Jia Yi Energy Technology, Jiasheng 

Photovoltaic Tech., Jiutai Energy, Komaes Solar, 

Leye Photovoltaic Science Tech., Magi Solar 

Technology, Perfectenergy, Polar Photovoltaics, 

Qiangsheng (QS Solar), Refine Solar, Risun Solar 

(JiangXi Ruijing Solar Power Co., Ltd.), Shanghai 

Chaori Solar Energy, Shangpin Solar, Shanshan 

Ulica, Shenglong PV-Tech, Shenzhen Global Solar 

Energy Tech., Shuqimeng Energy Tech, 

Skybasesolar, Solargiga Energy Holdings Ltd., 

Sopray Solar, Sunlink PV, Tianjin Jinneng Solar 

Cell, Topsolar, Trony, Weihai China Glass Solar, 

and Yuhan Sinosola. For an additional 12 PRC 

exporters and/or producers of merchandise that 

were named in the Petition, the Department issued 

a questionnaire, but did not receive confirmation of 

delivery. Those companies are: Aiko Solar, Best 

Solar Hi-tech, Dai Hwa Industrial, Eoplly New 

Energy, Golden Partner development, Innovosolar, 

Jiangxi Green Power Co. Ltd., Sanjing Silicon, 

Sunflower, Sunvim Solar Technology, Yunnan 

Tianda, and Yunnan Zhuoye Energy. See 

memorandum to the file from Erin Kearney, 

International Trade Analyst, Office 4, AD/CVD 

Operations on the subject ‘‘Delivery of Quantity and 

Value Questionnaires’’ dated March 12, 2014. 

16See section 735(c)(5)(A) of the Act. 

17See the December 15, 2014, memorandum from 

Jeff Pedersen to the File entitled ‘‘Calculation of the 

Final Margin for Separate Rate Recipients.’’ 

18See Modification of Regulations Regarding the 

Practice of Accepting Bonds During the Provisional 

Measures Period in Antidumping and 

Countervailing Duty Investigations, 76 FR 61042 

(October 3, 2011). 

19See sections 772(c)(1)(C) and 777A(f) of the 

Act. 

20With respect to a final affirmative 

countervailing duty determination in the 

companion investigation, because the provisional 

measures period has expired, Commerce will only 

order the resumption of the suspension of 

liquidation, and require cash deposits for 

countervailing duties equal to the final subsidy 

rates, if the U.S. International Trade Commission 

issues a final affirmative injury determination. In 

the event of a final affirmative injury determination, 

the Department will make an adjustment to AD cash 

deposits where appropriate for export subsidies and 

estimated domestic subsidy pass-through. 

The PRC-wide entity also includes 35 

PRC exporters and/or producers of the 

merchandise under consideration 

during the POI that did not respond to 

the Department’s request for 

information.15 These companies 

withheld necessary information, failed 

to provide information by the 

established deadlines, and significantly 

impeded this proceeding by not 

submitting the requested quantity and 

value information within the meaning of 

sections 776(a)(1) and (a)(2)(A)–(C) of 

the Act, and further, failed to cooperate 

by not acting to the best of their ability 

to comply with the Department’s 

requests for information within the 

meaning of section 776(b) of the Act. 

Therefore, we are continuing to apply 

adverse facts available to the PRC-wide 

entity. See Issues and Decision 

Memorandum for further discussion. 

Disclosure 

We intend to disclose to parties the 

calculations performed in this 

proceeding within five days of the date 

of publication of this notice in 

accordance with 19 CFR 351.224(b). 

Separate Rate 

The rate assigned to companies 

granted separate rate status that were 

not individually examined is normally 

determined based on the weightedaverage of the estimated dumping 

margins calculated for exporters and 

producers individually investigated, 

excluding zero and de minimis margins 

or margins based entirely on facts 

available (FA).16 In this investigation, 

we calculated above de minimis 

estimated weighted-average dumping 

margins that are not based on total FA 

for the two mandatory respondents, 

Trina Solar and Renesola/Jinko. Because 

we individually examined two 

companies in this investigation, basing 

the estimated dumping margin for the 

companies not individually examined 

on a weighted-average of the dumping 

margins for the two individually 

examined companies risks disclosure of 

business proprietary information (BPI). 

Therefore, we calculated both a 

weighted-average of the dumping 

margins calculated for the two 

mandatory respondents using public 

values for their sales of subject 

merchandise and a simple average of 

these two dumping margins, and 

selected, as the separate rate, the 

average that provides a more accurate 

proxy for the weighted-average margin 

of both companies calculated using 

BPI.17

Continuation of Suspension of 

Liquidation 

In accordance with section 

735(c)(1)(B) of the Act, the Department 

will instruct U.S. Customs and Border 

Protection (CBP) to continue to suspend 

liquidation of all appropriate entries of 

certain solar products from the PRC as 

described in the ‘‘Scope of the 

Investigation’’ section, which were 

entered, or withdrawn from warehouse, 

for consumption on or after July 31, 

2014, the date of publication in the 

Federal Register of the notice of an 

affirmative preliminary determination 

that certain solar products are being, or 

are likely to be, sold in the United States 

at LTFV. Further, consistent with our 

practice, where the product from the 

PRC under investigation is also subject 

to a concurrent countervailing duty 

(CVD) investigation, the Department 

will instruct CBP to require a cash 

deposit 18 equal to the weighted-average 

amount by which the normal value 

exceeds U.S. price, adjusted where 

appropriate for export subsidies and 

estimated domestic subsidy passthrough.19 The cash deposit rates, before 

any adjustments for export subsidies 

and estimated domestic subsidy passthrough,20 are as follows: (1) For each 

exporter/producer combination listed in 

the table above, the cash deposit rate 

will be equal to the dumping margin 

listed for that exporter/producer 

combination in the table; (2) for all other 

combinations of PRC exporters/ 

producers of the merchandise under 

consideration, the cash deposit rate will 

be equal to the dumping margin 

established for the PRC-wide entity; and 

(3) for all non-PRC exporters of the 

merchandise under consideration which 

have not received their own separate 

rate above, the cash deposit rate will be 

equal to the cash deposit rate applicable 

to the PRC exporter/producer 

combination that supplied that non-PRC 

exporter. These suspension-ofliquidation instructions will remain in 

effect until further notice. 

ITC Notification 

In accordance with section 735(d) of 

the Act, we notified the International 

Trade Commission (ITC) of the final 

affirmative determination of sales at 

LTFV. As the Department’s final 

determination is affirmative, in 

accordance with section 735(b)(2) of the 

Act, the ITC will determine, within 45 

days, whether the domestic industry in 

the United States is materially injured, 

or threatened with material injury, by 

reason of imports of subject 

merchandise, or sales (or the likelihood 

of sales) for importation, of the subject 

merchandise. If the ITC determines that 

such injury does not exist, this 

proceeding with be terminated and all 

estimated duties deposited as a result of 

the suspension of liquidation will be 

refunded. If the ITC determines that 

such injury does exist, the Department 

will issue an antidumping duty order 

directing CBP to assess, upon further 

instructions by the Department, 

antidumping duties on all imports of the 

subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the effective 

date of the suspension of liquidation. 

Return or Destruction of Proprietary 

Information 

This notice also serves as a reminder 

to the parties subject to administrative 

protective order (APO) of their 

responsibility concerning the 

disposition of propriety information 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 76975 

disclosed under APO in accordance 

with 19 CFR 351.305. Timely written 

notification of 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 sanctionable 

violation. 

This determination is issued and 

published in accordance with sections 

735(d) and 777(i)(1) of the Act. 

Dated: December 15, 2014. 

Paul Piquado, 

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 Investigation 

IV. Separate Rate Companies 

V. Use of Adverse Facts Available 

VI. Discussion of the Issues 

Comment 1. Scope of the Investigation 

Comment 2. Whether to Select South 

Africa or Thailand as the Primary 

Surrogate Country 

Comment 3. Whether to Offset the Cash 

Deposit Rate for Export Subsidies 

Comment 4. Whether the Department 

Should Investigate the Effects of the 

GOC’s Alleged Cyberhacking on 

this Investigation 

Comment 5. Ultimate Ownership of 

Separate Rate Applicants 

Comment 6. Separate Rate Applicants 

with Managers or Board Members 

with Ties to the Chinese 

Government 

Comment 7. Separate Rate Status of 

Lianyungang Shenzhou New Energy 

Co., Ltd. 

Comment 8. Separate Rate Status of 

Sumec Hardware & Tools Co., Ltd. 

Comment 9. The Appropriate Surrogate 

Value for Aluminum Frames 

Comment 10. The Appropriate 

Surrogate Value for Scrap Solar 

Cells 

Comment 11. Unpaid Sales 

Comment 12. Quality Insurance 

Comment 13. Warranty Costs 

Comment 14. Incorrect Allocation of 

Indirect Material, Labor, and 

Electricity Consumption 

Comment 15. Whether to Base Renesola/ 

Jinko’s Dumping Margin on Partial 

AFA 

Comment 16. Whether to Collapse Jinko 

and Renesola 

Comment 17. Whether to Use MarketEconomy Purchase Prices to Value 

all of Renesola/Jinko’s Solar Cells 

Comment 18. Whether to Adjust 

Renesola/Jinko’s Cash Deposit Rate 

by the Full Amount of Domestic 

Subsidies 

Comment 19. Separate Rate Application 

of tenKsolar 

VII. Recommendation 

[FR Doc. 2014–30092 Filed 12–22–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XD660 

Takes of Marine Mammals Incidental to 

Specified Activities; Seabird and 

Pinniped Research Activities in Central 

California, 2015–2016 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental 

harassment authorization; request for 

comments. 

SUMMARY: We, NMFS, have received an 

application from Point Blue 

Conservation Science (Point Blue) 

requesting an Incidental Harassment 

Authorization (Authorization) to take 

marine mammals, by harassment, 

incidental to conducting proposed 

seabird research activities on Southeast 

Farallon Island, An ̃ o Nuevo Island, and 

Point Reyes National Seashore in central 

California from January 2015 through 

January 2016. Per the Marine Mammal 

Protection Act, we are requesting 

comments on our proposal to issue an 

Authorization to Point Blue to 

incidentally harass, by Level B 

harassment only, four species of marine 

mammals during the year-long 

monitoring project. 

ADDRESSES: Address comments on the 

application to Jolie Harrison, Chief, 

Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910. The mailbox address for 

providing email comments is ITP.Cody@

noaa.gov. You must include 0648– 

XD660 in the subject line. We are not 

responsible for email comments sent to 

addresses other than the one provided 

here. Comments sent via email, 

including all attachments, must not 

exceed a 25-megabyte file size. NMFS is 

not responsible for email comments sent 

to addresses other than the one 

provided here. 

Instructions: All submitted comments 

are a part of the public record and 

NMFS will post them to http://

www.nmfs.noaa.gov/pr/permits/

incidental/military.htm without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 

information or otherwise sensitive or 

protected information. 

To obtain an electronic copy of the 

application, a list of the references used 

in this document, and Point Blue’s 

Authorization request, visit the Internet 

at: http://www.nmfs.noaa.gov/pr/

permits/incidental/military.htm. 

NMFS prepared an Environmental 

Assessment (EA) in 2014 titled 

‘‘Issuance of an Incidental Harassment 

Authorization to Point Blue 

Conservation Science and Partners to 

Take Marine Mammals by Harassment 

Incidental to Seabird and Pinniped 

Research Conducted in Central 

California.’’ We provided relevant 

environmental information to the public 

through a notice for a previous proposed 

authorization (78 FR 66686, November 

6, 2013) and considered public 

comments received in response prior to 

finalizing our EA. 

At that time, NMFS concluded that 

issuance of an annual Authorization 

would not significantly affect the 

quality of the human environment and 

issued a Finding of No Significant 

Impact (FONSI) regarding issuing an 

Authorization for Point Blue’s 2014– 

2015 seabird research activities. In 

conjunction with Point Blue’s 2015– 

2016 application, NMFS will review the 

2014 EA to determine whether 

supplementation is necessary. 

Information from Point Blue’s 

application, NMFS’ 2014 EA, and this 

notice collectively provide the 

environmental information related to a 

proposed issuance of the Authorization 

for public review and comment. An 

electronic copy of the EA for this 

activity is available upon request (see 

ADDRESSES). 

FOR FURTHER INFORMATION CONTACT: 

Jeannine Cody, Office of Protected 

Resources, NMFS (301) 427–8401. 

SUPPLEMENTARY INFORMATION: Section 

101(a)(5)(D) of the Marine Mammal 

Protection Act of 1972, as amended 

(MMPA; 16 U.S.C. 1361 et seq.) directs 

the Secretary of Commerce to allow, 

upon request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals of a species or 

population stock, by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if, after NMFS 

provides a notice of a proposed 

authorization to the public for review 

and comment: (1) NMFS makes certain 

findings; and (2) the taking is limited to 

harassment. 

mstockstill on DSK4VPTVN1PROD with NOTICES