[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Notices]
[Pages 42792-42794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19292]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-011]


Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China: Final Results of Countervailing Duty 
Administrative Review, and Partial Rescission of Countervailing Duty 
Administrative Review; 2014-2015

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

SUMMARY: The Department of Commerce (the Department) has completed its 
administrative review of the countervailing duty order (CVD) on 
crystalline silicon photovoltaic products (solar products) from the 
People's Republic of China (PRC) for the June 10, 2014, through 
December 31, 2015, period of review (POR). We have determined that the 
mandatory respondent Changzhou Trina Solar Energy Co., Ltd. and its 
cross-owned affiliates (collectively, Trina Solar) received 
countervailable subsidies during the POR. The final net subsidy rates 
are listed below in the section, ``Final Results of Administrative 
Review.'' We are also rescinding the review for 22 companies for which 
all review requests were timely withdrawn or for which we have 
concluded that there were no entries, exports, or sales of the subject 
merchandise during the POR.

DATES: Applicable September 12, 2017.

FOR FURTHER INFORMATION CONTACT: Joseph Traw, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, 
DC 20230; telephone (202) 482-6079.

Background

    The Department published the Preliminary Results of this 
administrative review in the Federal Register on March 6, 2017.\1\ We 
invited interested parties to comment on the Preliminary Results. On 
June 8, 2017, we received timely case briefs from the following 
interested parties: SolarWorld Americas, Inc. (the petitioner); the 
Government of China (GOC); Trina Solar; BYD (Shangluo) Industrial Co., 
Ltd. (BYD); and SNJ Enterprises, LLC, Dba Zamp Solar (SNJ).\2\ On June 
15, 2017, we received timely rebuttal comments from the petitioner, the 
GOC, and Trina Solar.\3\
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    \1\ See Certain Crystalline Silicon Photovoltaic Products from 
the People's Republic of China: Preliminary Results of 
Countervailing Duty Administrative Review and Preliminary Intent To 
Rescind, in Part; 2014-2015, 82 FR 12562 (March 6, 2017) 
(Preliminary Results).
    \2\ See Petitioner's Case Brief, ``Certain Crystalline Silicon 
Photovoltaic Products from the People's Republic of China: Case 
Brief of SolarWorld Americas, Inc.,'' dated June 8, 2017; GOC's Case 
Brief, ``GOC's Case Brief: Certain Crystalline Silicon Photovoltaic 
Products from the People's Republic of China,'' dated June 8, 2017; 
Trina Solar's Case Brief, ``Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: Case Brief,'' dated 
June 8, 2017; BYD's Case Brief, ``Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: BYD's Case Brief'' 
dated June 8, 2017; SNJ's Case Brief, ``Certain Crystalline Silicon 
Photovoltaic Products from the People's Republic of China: Case 
Brief,'' dated June 8, 2017.
    \3\ See Petitioner's Rebuttal Brief, ``Certain Crystalline 
Silicon Photovoltaic Products from the People's Republic of China: 
Rebuttal Brief of SolarWorld Americas, Inc.,'' dated June 15, 2017; 
GOC's Rebuttal Brief, ``GOC's Rebuttal Brief Certain Crystalline 
Silicon Photovoltaic Products from the People's Republic of China,'' 
dated June 15, 2017; Trina Solar's Rebuttal Brief, ``Crystalline 
Silicon Photovoltaic Products from the People's Republic of China: 
Rebuttal Brief,'' dated June 15, 2017.
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    On June 8, 2017, in accordance with section 751(a)(3)(A) of the 
Act, the Department extended the period for issuing the final results 
of this review by 60 days, to September 2, 2017. As September 2, 2017 
is a Saturday and September 4, 2017 is Labor Day, the final results 
were extended until September 5, 2017.\4\
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    \4\ See Memorandum, ``Certain Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: Extension of the 
Deadline for Issuing the Final Results of the 2014-2015 
Countervailing Duty Administrative Review,'' dated June 8, 2017.
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Scope of the Order

    The merchandise covered by this order are 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. The product is currently classified 
under the Harmonized Tariff Schedule of the United States (HTSUS) item 
numbers 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 order is dispositive. A full 
description of the scope of the order is contained in the Issues and 
Decision Memorandum, which is hereby adopted by this notice.\5\
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    \5\ See Memorandum, ``Decision Memorandum for Final Results and 
Partial Rescission of Countervailing Duty Administrative Review: 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, from the People's Republic of China; 2014,'' dated 
concurrently with this notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum accompanying this notice. A list of 
the issues raised by interested parties and to which we responded in 
the Issues and Decision Memorandum is provided in Appendix I to this 
notice. The Issues and Decision Memorandum is a public document and is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov and 
in the Central Records Unit, Room B8024 of the main Department of 
Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be access directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on case briefs, rebuttal briefs, and all supporting 
documentation, we made changes from the Preliminary Results. The 
Department has modified its creditworthiness findings for Trina Solar. 
In the Preliminary Results, the Department found Trina Solar to be 
uncreditworthy during the 2012-2015 period. After reviewing Trina 
Solar's response to the Department's creditworthiness questionnaire,\6\ 
the Department finds that Trina Solar was uncreditworthy from 2012 to 
2013 and creditworthy during 2014 and 2015.\7\
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    \6\ See Trina Solar's Letter, ``Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: Creditworthiness 
Questionnaire Response,'' dated April 20, 2017.
    \7\ See Issues and Decision Memorandum.
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Partial Rescission of Review

    We are rescinding this administrative review for 22 companies \8\ 
named in the Initiation Notice.\9\ In the Preliminary Results, we made 
a preliminary determination to rescind the review of companies for 
which all review requests were timely withdrawn.\10\ With the

[[Page 42793]]

exception of BYD, we received no comments with regard to this 
preliminary determination. We are rescinding the review for these 
companies in accordance with 19 CFR 351.212(d)(1). With respect to BYD, 
the Department determined that it made no exports or sales of subject 
merchandise to the United States during the POR.\11\
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    \8\ See Appendix II.
    \9\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 20324, 20348-20349 (April 7, 2016) 
(Initiation Notice).
    \10\ See Preliminary Results 82 FR at 12562-12563.
    \11\ See Memorandum, ``Decision Memorandum for Final Results and 
Partial Rescission of Countervailing Duty Administrative Review: 
Crystalline Silicon Photovoltaic Products from the People's Republic 
of China; 2014-2015,'' dated concurrently (Solar Products Final IDM) 
at Comment 3.
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    All companies for which we are rescinding this administrative 
review are listed in Appendix II to this notice. For these companies, 
countervailing duties shall be assessed at rates equal to the rates of 
the cash deposits for estimated countervailing duties required at the 
time of entry, or withdrawal from warehouse, for consumption, during 
the POR, in accordance with 19 CFR 351.212(c)(2).

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found to be countervailable, we find that there 
is a subsidy, i.e., a financial contribution from a government or 
public entity that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\12\ For a full description of the methodology 
underlying all of the Department's conclusions, including any 
determination that relied upon the use of adverse facts available 
pursuant to sections 776(a) and (b) of the Act, see the Issues and 
Decision Memorandum.
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    \12\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Final Results of Administrative Review

    In accordance with 19 CFR 351.221(b)(5), we calculated a 
countervailable subsidy rate for the mandatory respondent, Trina Solar. 
For the non-selected companies subject to this review,\13\ we followed 
the Department's practice, which is to base the subsidy rates on an 
average of the subsidy rates calculated for those companies selected 
for individual review, excluding de minimis rates or rates based 
entirely on adverse facts available.\14\ In this case, as there is only 
a single mandatory respondent, the rate for non-selected companies is 
the same as the rate for the mandatory respondent. We find the 
countervailable subsidy rates for the producers/exporters under review 
to be as follows:
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    \13\ See Appendix III.
    \14\ See, e.g., Certain Pasta from Italy: Preliminary Results of 
the 13th (2008) Countervailing Duty Administrative Review, 75 FR 
18806, 18811 (April 13, 2010), unchanged in Certain Pasta from 
Italy: Final Results of the 13th (2008) Countervailing Duty 
Administrative Review, 75 FR 37386 (June 29, 2010).

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Changzhou Trina Solar Energy Co., Ltd. and its Cross-              13.93
 Owned Affiliates \15\..................................
Chint Solar (Zhejiang) Co., Ltd.........................           13.93
Hefei JA Solar Technology Co., Ltd......................           13.93
Perlight Solar Co., Ltd.................................           13.93
Risen Energy Co., Ltd...................................           13.93
Shanghai JA Solar Technology Co., Ltd...................           13.93
Shenzhen Sungold Solar Co., Ltd.........................           13.93
Sunny Apex Development Limited..........................           13.93
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Disclosure

    We will disclose to the parties in this proceeding the calculations 
performed for these final results within five days of the date of 
publication of this notice in the Federal Register.\16\
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    \15\ Id. Cross-owned affiliates are: Trina Solar Limited; Trina 
Solar (Changzhou) Science & Technology Co., Ltd.; Yancheng Trina 
Solar Energy Technology Co., Ltd.; Changzhou Trina Solar Yabang 
Energy Co., Ltd.; Hubei Trina Solar Energy Co., Ltd.; Turpan Trina 
Solar Energy Co., Ltd.; and Changzhou Trina PV Ribbon Materials Co., 
Ltd.
    \16\ See 19 CFR 351.224(b).
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Assessment Rates

    Consistent with 19 CFR 351.212(b)(2), we intend to issue assessment 
instructions to U.S. Customs and Border Protection (CBP) 15 days after 
the date of publication of these final results of review, to liquidate 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption, on or after June 10, 2014, through December 31, 2015, 
at the ad valorem rates listed above.

Cash Deposit Instructions

    In accordance with section 751(a)(1) of the Act, we intend to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown for each of the respective companies listed 
above. These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: September 5, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

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

Summary
Background
List of Comments From Interested Parties
Scope of the Order
Changes Since the Preliminary Results
Partial Rescission of Administrative Review
Non-Selected Companies Under Review
Subsidies Valuation Information
    Allocation Period
    Attribution of Subsidies
    Denominators
    Creditworthiness
    Benchmarks and Discount Rates
Use of Facts Otherwise Available and Adverse Inferences
Programs Determined to be Countervailable
Programs Determined to be Not Countervailable During the POR
Programs Determined Not to be Used or Not to Confer Measurable 
Benefits
Analysis of Comments
    Comment 1: The Scope of the Order is Unlawful
    Comment 2: The Final Scope Determination Does Not Apply 
Retroactively
    Comment 3: Rescission of the Review of BYD
    Comment 4: Inclusion of Value Added Tax (VAT) in LTAR Benchmarks
    Comment 5: Solar Glass Benchmark
    Comment 6: Specificity of Glass at LTAR
    Comment 7: Benchmark for Aluminum Extrusions
    Comment 8: Electricity for LTAR
    Comment 9: Usage of Export Buyer's Credit Program
    Comment 10: Selection of the Adverse Facts Available (AFA) Rate 
for Export Buyer's Credit Program
    Comment 11: Addition of Ocean Freight and Import Duties to LTAR 
Benchmarks
    Comment 12: Zeroing of Purchases Above Benchmarks
Recommendation
Appendix--Non-Selected Companies Under Review

[[Page 42794]]

Appendix II--List of Companies for Which We Are Rescinding This 
Administrative Review \17\
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    \17\ See Issues and Decision Memorandum at the section, 
``Partial Rescission of Administrative Review.''
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1. Baoding Jiasheng Photovoltaic Technology Co. Ltd.
2. Baoding Tianwei Yingli New Energy Resources Co., Ltd.
3. Beijing Tianneng Yingli New Energy Resources Co. Ltd.
4. BYD (Shangluo) Industrial Co., Ltd.
5. Canadian Solar, Inc.
6. Canadian Solar International, Ltd.
7. Canadian Solar Manufacturing (Changshu), Inc.
8. Canadian Solar Manufacturing (Luoyang), Inc.
9. Hainan Yingli New Energy Resources Co., Ltd.
10. Hengshui Yingli New Energy Resources Co., Ltd.
11. Jinko Solar Co., Ltd.
12. Jinko Solar Import and Export Co., Ltd.
13. Lixian Yingli New Energy Resources Co., Ltd.
14. Shanghai BYD Co., Ltd.
15. Shenzhen Jiawei Photovoltaic Lighting Co., Ltd.
16. Shenzhen Yingli New Energy Resources Co., Ltd.
17. Tianjin Yingli New Energy Resources Co., Ltd.
18. Wuxi Suntech Power Co., Ltd.
19. Yingli Energy (China) Co., Ltd.
20. Yingli Green Energy Holding Company Limited
21. Yingli Green Energy International Trading Company Limited
22. Zhejiang Jinko Solar Co., Ltd.

Appendix III--List of Non-Selected Companies Under Review

1. Chint Solar (Zhejiang) Co., Ltd.
2. Hefei JA Solar Technology Co., Ltd.
3. Perlight Solar Co., Ltd.
4. Risen Energy Co., Ltd.
5. Shanghai JA Solar Technology Co., Ltd.
6. Shenzhen Sungold Solar Co., Ltd.
7. Sunny Apex Development Limited

[FR Doc. 2017-19292 Filed 9-11-17; 8:45 am]
 BILLING CODE 3510-DS-P