[Federal Register Volume 79, Number 246 (Tuesday, December 23, 2014)]
[Notices]
[Pages 76970-76975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30092]


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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.
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    \1\ See 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'').

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

[[Page 76971]]

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\
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    \2\ The 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.
    \3\ See 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.
    \4\ 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 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.
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    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\
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    \5\ See 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.
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    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\
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    \6\ See 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.
    \7\ See 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.
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    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\
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    \8\ 19 CFR 351.204(b)(1).
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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.
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    \9\ See Issues and Decision Memorandum.
    \10\ Id. at Comment 1.

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[[Page 76972]]

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\
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    \11\ Preliminary Determination, 79 FR 44901-44902.
    \12\ Crystalline 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'').
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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\
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    \13\ See 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).
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    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.

[[Page 76973]]



------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
           Exporter                    Producer              margin
                                                            (percent)
------------------------------------------------------------------------
Changzhou Trina Solar Energy    Changzhou Trina Solar              26.71
 Co., Ltd./Trina Solar           Energy Co., Ltd./
 (Changzhou) Science &           Trina Solar
 Technology Co., Ltd.            (Changzhou) Science &
                                 Technology Co., Ltd.
Renesola Jiangsu Ltd./Renesola  Renesola Jiangsu Ltd./             78.42
 Zhejiang Ltd./Jinko Solar Co.   Jinko Solar Co. Ltd..
 Ltd./Jinko Solar Import and
 Export Co., Ltd.
Anji DaSol Solar Energy         Anji DaSol Solar                   52.13
 Science & Technology Co.,       Energy Science &
 Ltd..                           Technology Co., Ltd..
Asun Energy Co., Ltd. (a/k/a    Asun Energy Co., Ltd.              52.13
 Suzhou Asun Energy Co., Ltd.).  (a/k/a Suzhou Asun
                                 Energy Co., Ltd.).
Baoding Tianwei Yingli New      Baoding Tianwei Yingli             52.13
 Energy Resources Co. , Ltd..    New Energy Resources
                                 Co., Ltd., Yingli
                                 Energy (China) Co.,
                                 Ltd., and Lixian
                                 Yingli New Energy
                                 Co., Ltd..
BYD (Shangluo) Industrial Co.,  BYD (Shangluo)                     52.13
 Ltd..                           Industrial Co., Ltd..
Canadian Solar International    Canadian Solar                     52.13
 Limited.                        Manufacturing
                                 (Luoyang) Inc.,
                                 Canadian Solar
                                 Manufacturing
                                 (Changshu), Inc.
Canadian Solar Manufacturing    Canadian Solar                     52.13
 (Changshu), Inc.                Manufacturing
                                 (Changshu), Inc.
Canadian Solar Manufacturing    Canadian Solar                     52.13
 (Luoyang) Inc.                  Manufacturing
                                 (Luoyang) Inc.
CEEG Nanjing Renewable Energy   CEEG Nanjing Renewable             52.13
 Co., Ltd..                      Energy Co., Ltd..
Changzhou Almaden Co., Ltd....  Changzhou Almaden Co.,             52.13
                                 Ltd..
Chint Solar (Zhejiang) Co.,     Chint Solar (Zhejiang)             52.13
 Ltd..                           Co., Ltd..
ET Solar Industry Limited.....  ET Solar Industry                  52.13
                                 Limited.
Hainan Yingli New Energy        Hainan Yingli New                  52.13
 Resources Co. Ltd..             Energy Resources Co.
                                 Ltd..
Hangzhou Zhejiang University    Hangzhou Zhejiang                  52.13
 Sunny Energy Science and        University Sunny
 Technology Co., Ltd.            Energy Science and
                                 Technology Co., Ltd.
Hanwha SolarOne (Qidong) Co.,   Hanwha SolarOne                    52.13
 Ltd..                           (Qidong) Co., Ltd..
Hanwha SolarOne Hong Kong       Hanwha SolarOne                    52.13
 Limited.                        (Qidong) Co., Ltd..
Hefei JA Solar Technology Co.,  Hefei JA Solar                     52.13
 Ltd..                           Technology Co., Ltd..
Hengdian Group DMEGC Magnetics  Hengdian Group DMEGC               52.13
 Co., Ltd..                      Magnetics Co., Ltd..
Hengshui Yingli New Energy      Hengshui Yingli New                52.13
 Resources Company Limited.      Energy Resources
                                 Company Limited.
Jiangyin Hareon Power Co.,      Jiangyin Xinhui Solar              52.13
 Ltd..                           Co., Ltd.; Altusvia
                                 Energy Taicang Co.,
                                 Ltd.; Hareon Solar
                                 Technology Co., Ltd..
Jiawei Solarchina Co., Ltd....  Jiawei Solarchina                  52.13
                                 (Shenzhen) Co., Ltd..
Jiawei Technology (HK) Ltd....  Shenzhen Jiawei                    52.13
                                 Photovoltaic Lighting
                                 Co. Ltd..
LDK Solar Hi-Tech (Nanchang)    LDK Solar Hi-Tech                  52.13
 Co., Ltd..                      (Nanchang) Co., Ltd..
Lixian Yingli New Energy        Lixian Yingli New                  52.13
 Company Ltd..                   Energy Company Ltd..
MOTECH (Suzhou) Renewable       MOTECH (Suzhou)                    52.13
 Energy Co., Ltd..               Renewable Energy Co.,
                                 Ltd..
Ningbo Qixin Solar Electrical   Ningbo Qixin Solar                 52.13
 Appliance Co., Ltd..            Electrical Appliance
                                 Co., Ltd..
Perlight Solar Co., Ltd.......  Perlight Solar Co.,                52.13
                                 Ltd..
Risen Energy Co., Ltd.........  Risen Energy Co., Ltd.             52.13
Shanghai JA Solar Technology    Shanghai JA Solar                  52.13
 Co., Ltd..                      Technology Co., Ltd..
Shanghai Solar Energy Science   Lianyungang Shenzhou               52.13
 & Technology Co., Ltd..         New Energy Co., Ltd..
Shenzhen Jiawei Photovoltaic    Shenzhen Jiawei                    52.13
 Lighting Co. Ltd..              Photovoltaic Lighting
                                 Co. Ltd..
Shenzhen Sungold Solar Co.,     Shenzhen Sungold Solar             52.13
 Ltd..                           Co., Ltd..
Shenzhen Topray Solar Co.,      Shenzhen Topray Solar              52.13
 Ltd..                           Co., Ltd..
Sun Earth Solar Power Co.,      Sun Earth Solar Power              52.13
 Ltd..                           Co., Ltd..
Sunny Apex Development Ltd....  Shenzhen Jiawei                    52.13
                                 Photovoltaic Lighting
                                 Co. Ltd., Wuhan FYY
                                 Technology Co., Ltd..
SunPower Systems SARL.........  SunEnergy (S.Z.) Co.,              52.13
                                 Ltd..
tenKsolar (Shanghai) Co., Ltd.  tenKsolar (Shanghai)               52.13
                                 Co., Ltd..
Upsolar Global Co., Ltd. and    Shandong Dahai Group               52.13
 including Upsolar Group, Co.,   Co. Ltd..
 Ltd..
Wanxiang Import & Export Co.,   Zhejiang Wanxiang                  52.13
 Ltd..                           Solar Co., Ltd..
Wuhan FYY Technology Co., Ltd.  Wuhan FYY Technology               52.13
                                 Co., Ltd..
Wuxi Suntech Power Co., Ltd...  Wuxi Suntech Power                 52.13
                                 Co., Ltd..
Yingli Energy (China) Company   Yingli Energy (China)              52.13
 Limited.                        Company Limited,
                                 Baoding Tianwei
                                 Yingli New Energy
                                 Resources Co., Ltd.
                                 and Lixian Yingli New
                                 Energy Co., Ltd..
Yingli Green Energy             Yingli Energy (China)              52.13
 International Trading Limited.  Company Limited,
                                 Baoding Tianwei
                                 Yingli New Energy
                                 Resources Co., Ltd.,
                                 and Hainan Yingli New
                                 Energy Resources Co.,
                                 Ltd..
Zhongli Talesun Solar Co.,      Zhongli Talesun Solar              52.13
 Ltd..                           Co., Ltd..
------------------------------------------------------------------------
                     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\
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    \14\ See the memorandum from Jeff Pedersen, Senior International 
Trade Analyst, Office IV, AD/CVD Operations to Abdelali Elouaradia, 
Director, 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.

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[[Page 76974]]

    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.
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    \15\ Those 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.
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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 
weighted-average 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\
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    \16\ See section 735(c)(5)(A) of the Act.
    \17\ See the December 15, 2014, memorandum from Jeff Pedersen to 
the File entitled ``Calculation of the Final Margin for Separate 
Rate Recipients.''
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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 pass-through.\19\ The cash 
deposit rates, before any adjustments for export subsidies and 
estimated domestic subsidy pass-through,\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-of-
liquidation instructions will remain in effect until further notice.
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    \18\ See 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).
    \19\ See sections 772(c)(1)(C) and 777A(f) of the Act.
    \20\ With 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.
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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

[[Page 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 Market-Economy 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