84 FR 8081 - Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018

The Department of Commerce (Commerce) preliminarily determines that Sol-lite Manufacturing Company Limited (Sol-lite), Ri Shen Products (SZ) (Ri Shen), and Shenzhen Sungold Solar Co., Ltd. (Sungold) have not demonstrated their eligibility for a separate rate during the period of review (POR) February 1, 2017 through January 31, 2018.

[Federal Register Volume 84, Number 44 (Wednesday, March 6, 2019)]
[Notices]
[Pages 8081-8083]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2019-04046]


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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: Preliminary Results of Antidumping Duty 
Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Sol-lite Manufacturing Company Limited (Sol-lite), Ri Shen 
Products (SZ) (Ri Shen), and Shenzhen Sungold Solar Co., Ltd. (Sungold) 
have not demonstrated their eligibility for a separate rate during the 
period of review (POR) February 1, 2017 through January 31, 2018.

DATES: Applicable March 6, 2019.

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

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the notice of initiation of this review with 
respect to 12 companies/company groups on April 16, 2018.\1\ On 
September 7, 2018, Commerce published a notice rescinding the review 
with respect to nine companies for which all review requests had been 
withdrawn.\2\ The only three companies remaining under review are Sol-
lite, Ri Shen, and Sungold. On October 19, 2018, Commerce postponed the 
preliminary results of this review until January 29, 2019.\3\ 
Subsequent to that postponement, Commerce exercised its discretion to 
toll all deadlines affected by the partial federal government closure 
from December 22, 2018, through the resumption of operations on January 
29, 2019.\4\ If the new deadline falls on a non-business day, in 
accordance with Commerce's practice, the deadline will become the next 
business day. The revised deadline for the preliminary results decision 
is now March 11, 2019. For a complete description of the events that 
followed the initiation of this administrative review, see the 
Preliminary Decision Memorandum.\5\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 16298 (April 16, 2018) (Initiation 
Notice).
    \2\ See Certain Crystalline Silicon Photovoltaic Products From 
the People's Republic of China: Notice of Partial Rescission of 
Antidumping Duty Administrative Review; 2017-2018, 83 FR 45417 
(September 7, 2018) (Partial Rescission Notice).
    \3\ See memorandum to James Maeder Associate Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations 
performing the duties of Deputy Assistant Secretary for Antidumping 
and Countervailing Duty Operations, ``Certain Crystalline Silicon 
Photovoltaic Products from the People's Republic of China: Extension 
of Deadline for Preliminary Results of Antidumping Duty 
Administrative Review'' dated October 19, 2018.
    \4\ See memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
    \5\ See ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review: Certain Crystalline Silicon 
Photovoltaic Products from the People's Republic of China; 2017-
2018'', issued concurrently with and hereby adopted by this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the order 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.\6\ Merchandise covered by the order 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, 8541.40.60.15, 8541.40.6020, 
8541.40.6030, 8541.40.60.35 and 8501.31.8000. These HTSUS subheadings 
are provided for convenience and customs purposes; the written 
description of the scope of the order is dispositive.
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    \6\ For a complete description of the scope of the order, see 
Preliminary Decision Memorandum.
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Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(B) of the Tariff

[[Page 8082]]

Act of 1930, as amended (the Act). For a full description of the 
methodology underlying the preliminary results of this review, see the 
Preliminary Decision Memorandum. A list of topics included in the 
Preliminary Decision Memorandum is included as an Appendix to this 
notice. The Preliminary Decision Memorandum is a public document and is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov, and 
is available 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 accessed directly 
at http://enforcement.trade.gov/frn/. The signed and the electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.

Preliminary Determination Regarding No Shipments Claim

    Based on an analysis of U.S. Customs and Border Protection (CBP) 
information, we determine that Sungold, which claimed no exports, sales 
or entries of subject merchandise during the POR, did, in fact, ship 
subject merchandise to the United States during the POR. For additional 
information regarding this preliminary determination, see the 
Preliminary Decision Memorandum.

Separate Rates

    In proceedings involving non-market economy (NME) countries, 
Commerce begins with a rebuttable presumption that all companies within 
the NME country are subject to government control and that a single 
weighted-average dumping margin (China-wide entity rate) is applicable 
to all exporters under review unless an exporter can demonstrate that 
it is sufficiently independent so as to be entitled to a separate rate. 
Sol-lite was selected as a mandatory respondent in the instant review, 
but failed to respond to Commerce's questionnaire. Sungold made 
shipments during the POR but did not file a separate rate 
certification. Ri Shen also did not file a separate rate certification. 
Therefore, Commerce preliminarily determines that neither Sol-lite, Ri 
Shen, nor Sungold is entitled to a separate rate and has treated them 
as part of the China-wide entity. Because no party requested a review 
of the China-wide entity, the entity is not under review and the 
entity's rate (i.e., 151.98 percent) is not subject to change in this 
review.\7\ For additional information regarding Commerce's separate 
rates determination, see the Preliminary Decision Memorandum.
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    \7\ See Certain Silicon Photovoltaic Products from the People's 
Republic of China: Antidumping Duty Order; and Amended Final 
Affirmative Countervailing Duty Determination and Countervailing 
Duty Order, 80 FR 8592 (February 18, 2015).
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Public Comment

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of these preliminary results of 
review.\8\ Rebuttal briefs may be filed no later than five days after 
case briefs are due and may respond only to arguments raised in the 
case briefs.\9\ A table of contents, list of authorities used, and an 
executive summary of issues should accompany any briefs submitted to 
Commerce. The summary should be limited to five pages total, including 
footnotes.\10\
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    \8\ See 19 CFR 351.309(c)(ii).
    \9\ See 19 CFR 351.309(d).
    \10\ See 19 CFR 351.309(c)(2), (d)(2).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, within 30 days after the date 
of publication of this notice.\11\ Requests should contain the party's 
name, address, and telephone number, the number of participants that 
will attend, whether any participant is a foreign national, and a list 
of the issues to be discussed at the hearing. Oral arguments at the 
hearing will be limited to issues raised in case and rebuttal briefs. 
If a hearing is held, Commerce intends to hold the hearing at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, at a date and time to be determined.\12\ Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date of the hearing.
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    \11\ See 19 CFR 351.310(c).
    \12\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS.\13\ An electronically filed document must 
be received successfully in its entirety by Commerce's electronic 
records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due date. 
Documents excepted from the electronic submission requirements must be 
filed manually (i.e., in paper form) with the APO/Dockets Unit in Room 
18022 and stamped with the date and time of receipt by 5 p.m. ET on the 
due date.\14\
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    \13\ See generally 19 CFR 351.303.
    \14\ See 19 CFR 351.303 (for general filing requirements); 
Antidumping and Countervailing Duty Proceedings: Electronic Filing 
Procedures; Administrative Protective Order Procedures, 76 FR 39263 
(July 6, 2011).
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, within 120 days of 
publication of these preliminary results of review, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review. If Commerce continues to find that Sol-lite, Ri Shen, 
and Sungold are ineligible for a separate rate in the final results of 
this review, it will instruct CBP to liquidate all POR entries of 
subject merchandise from these companies at 151.98 percent, i.e., the 
rate for the China-wide entity. Commerce intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of subject merchandise from China entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of review, as provided for by section 751(a)(2)(C) of the 
Act: (1) For previously investigated or reviewed Chinese and non-
Chinese exporters who are not under review in this segment of the 
proceeding, but which have a separate rate from a completed prior 
segment of the proceeding, the cash deposit rate will be the exporter-
specific separate rate currently in effect from a previously completed 
segment of the proceeding; (2) for all Chinese exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be the rate for the China-wide entity, 
151.98 percent; and (3) for all non-Chinese exporters of subject 
merchandise which have not received their own separate rate, the cash 
deposit rate will be the rate applicable to the Chinese exporter that 
supplied that non-Chinese exporter. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR

[[Page 8083]]

351.402(f)(2) to file a certificate regarding the reimbursement of 
antidumping duties prior to liquidation of the relevant entries during 
this POR. Failure to comply with this requirement could result in 
Commerce's presumption that reimbursement of antidumping duties has 
occurred, and the subsequent assessment of doubled antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 
351.221(b)(4).

    Dated: February 28, 2019.
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

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Respondent Selection
4. Scope of the Order
5. Preliminary Determination Regarding No Shipments Claim
6. Separate Rates
7. Recommendation

[FR Doc. 2019-04046 Filed 3-5-19; 8:45 am]
 BILLING CODE 3510-DS-P