42792 Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices 

1See 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). 

2See 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. 

3See 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. 

4See 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. 

5See 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). 

6See Trina Solar’s Letter, ‘‘Crystalline Silicon 

Photovoltaic Products from the People’s Republic of 

China: Creditworthiness Questionnaire Response,’’ 

dated April 20, 2017. 

7See Issues and Decision Memorandum. 

8See Appendix II. 

9See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 81 FR 

20324, 20348–20349 (April 7, 2016) (Initiation 

Notice). 

10See Preliminary Results 82 FR at 12562–12563. 

description of the scope of these 

investigations is dispositive. 

[FR Doc. 2017–19287 Filed 9–11–17; 8:45 am] 

BILLING CODE 3510–DS–P 

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

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

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

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

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 


pmangrum on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices 42793 

11See 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. 

12See 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. 

13See Appendix III. 

14See, 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). 

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. 

16See 19 CFR 351.224(b). 

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

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. 

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: 

Company 

Subsidy rate 

(percent ad 

valorem) 

Changzhou Trina Solar Energy Co., Ltd. and its 

Cross-Owned Affiliates 15 .. 13.93 

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 

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

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 


pmangrum on DSK3GDR082PROD with NOTICES1
42794 Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices 

17See Issues and Decision Memorandum at the 

section, ‘‘Partial Rescission of Administrative 

Review.’’ 

1See Carbon and Alloy Steel Wire Rod from 

Belarus, Italy, the Republic of Korea, the Russian 

Federation, South Africa, Spain, the Republic of 

Turkey, Ukraine, United Arab Emirates, and United 

Kingdom: Initiation of Less-Than-Fair-Value 

Investigations, 82 FR 19207 (April 26, 2017) 

(Initiation Notice). 

2See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination in the Less Than 

Fair Value Investigation of Carbon and Alloy Steel 

Wire Rod from the Russian Federation and the 

United Arab Emirates,’’ dated concurrently with 

this notice (Preliminary Decision Memorandum). 3See Memorandum, ‘‘Carbon and Alloy Steel 

Wire Rod from Belarus, Italy, the Republic of Korea, 

the Russian Federation, South Africa, Spain, the 

Republic of Turkey, Ukraine, the United Arab 

Emirates, and the United Kingdom: Scope 

Comments Decision Memorandum for the 

Preliminary Determinations,’’ August 7, 2017 

(Preliminary Scope Decision Memorandum). 

4 Id. at 20. 

Appendix II—List of Companies for 

Which We Are Rescinding This 

Administrative Review 17

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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–821–824, A–520–808] 

Certain Carbon and Alloy Steel Wire 

Rod From the Russian Federation and 

the United Arab Emirates: Affirmative 

Preliminary Determinations of Sales at 

Less Than Fair Value, and Affirmative 

Preliminary Determination of Critical 

Circumstances for Imports of Certain 

Carbon and Alloy Steel Wire Rod From 

the Russian Federation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) preliminarily 

determines that imports of carbon and 

alloy steel wire rod (wire rod) from the 

Russian Federation (Russia) and the 

United Arab Emirates (the UAE) are 

being, or are likely to be, sold in the 

United States at less than fair value 

(LTFV). The period of these 

investigations (POI) is January 1, 2016, 

through December 31, 2016. Abinsk 

Electric Steel Works Ltd. (Abinsk) and 

JSC NLMK-Ural (NLMK Ural) are the 

mandatory respondents in the Russia 

investigation. Emirates Steel Industries 

PJSC (Emirates Steel) is the mandatory 

respondent in the UAE investigation. 

The estimated weighted average 

dumping margins of sales at LTFV are 

shown in the ‘‘Preliminary 

Determinations’’ section of this notice. 

Interested parties are invited to 

comment on these preliminary 

determinations. 

DATES: Applicable September 12, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Kaitlin Wojnar, 202–482–3857 (Russia), 

or Carrie Bethea at 202–482–1491 

(UAE), AD/CVD Operations, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW., Washington, 

DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department published the notice 

of initiation of these investigations on 

April 26, 2017.1 For a complete 

description of the events that followed 

the initiation of these investigations, see 

the Preliminary Decision Memorandum 

dated concurrently with these 

determinations and hereby adopted by 

this notice.2 A list of topics included in 

the Preliminary Decision Memorandum 

is included as Appendix II to this 

notice. The Preliminary Decision 

Memorandum is 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 to all 

parties in the Central Records Unit, 

Room B8024 of the main Department of 

Commerce building. In addition, a 

complete version of the Preliminary 

Decision Memorandum can be found at 

http://enforcement.trade.gov/frn/. The 

signed Preliminary Decision 

Memorandum and the electronic 

versions of the Preliminary Decision 

Memorandum are identical in content. 

Scope of the Investigations 

The products covered by these 

investigations are certain hot-rolled 

products of carbon steel and alloy steel, 

in coils, of approximately round cross 

section, less than 19.00 mm in actual 

solid cross-sectional diameter (wire 

rod). Interested parties filed comments 

regarding the scope of the 

investigations. On August 7, 2017, we 

issued a Preliminary Scope Decision 

Memorandum, which addressed these 

comments and established a briefing 

schedule for scope-related issues.3 As a 

result of the analysis contained therein, 

the scope language is unchanged from 

that in the Initiation Notice.4 For a full 

description of the scope of these 

investigations, see the ‘‘Scope of the 

Investigations,’’ in Appendix I. 

Methodology 

The Department is conducting these 

investigations in accordance with 

section 731 of the Tariff Act of 1930, as 

amended (the Act). Pursuant to section 

776(a) of the Act, the Department 

preliminarily relied upon facts 

otherwise available to assign an 

estimated weighted-average dumping 

margin to the mandatory respondents 

from Russia, Abinsk and NLMK Ural, 


pmangrum on DSK3GDR082PROD with NOTICES1