84 FR 26816 - Certain Crystalline Silicon Photovoltaic Products From Taiwan: Notice of Preliminary Results of Antidumping Duty Changed Circumstances Review

The Department of Commerce (Commerce) preliminarily determines that United Renewable Energy Co., Ltd. (URE) is the successor-in- interest to Gintech Energy Corporation (Gintech), Neo Solar Power Corporation (Neo Solar), and Solartech Energy Corporation (Solartech). If these preliminary results are adopted in our final results, we will assign URE the cash deposit rate assigned to Gintech, Neo Solar, and Solartech. We invite parties to comment on these preliminary results.

[Federal Register Volume 84, Number 111 (Monday, June 10, 2019)]
[Notices]
[Pages 26816-26817]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2019-12132]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-853]


Certain Crystalline Silicon Photovoltaic Products From Taiwan: 
Notice of Preliminary Results of Antidumping Duty Changed Circumstances 
Review

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that United Renewable Energy Co., Ltd. (URE) is the successor-in-
interest to Gintech Energy Corporation (Gintech), Neo Solar Power 
Corporation (Neo Solar), and Solartech Energy Corporation (Solartech). 
If these preliminary results are adopted in our final results, we will 
assign URE the cash deposit rate assigned to Gintech, Neo Solar, and 
Solartech. We invite parties to comment on these preliminary results.

DATES: Applicable June 10, 2019.

FOR FURTHER INFORMATION CONTACT: Robert Galantucci, AD/CVD Operations,

[[Page 26817]]

Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2923.

SUPPLEMENTARY INFORMATION: 

Background

    On February 18, 2015, Commerce published in the Federal Register an 
antidumping duty order on certain crystalline silicon photovoltaic 
products (solar products) from Taiwan.\1\ On February 1, 2019, Commerce 
received a request on behalf of URE for an expedited changed 
circumstances review (CCR) to determine whether URE is the successor-
in-interest to Gintech, Neo Solar, and Solartech.\2\ On March 26, 2019, 
we initiated a CCR and published notice in the Federal Register.\3\
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    \1\ See Certain Crystalline Silicon Photovoltaic Products from 
Taiwan: Antidumping Duty Order, 80 FR 8596 (February 18, 2015).
    \2\ See URE's Letter, ``Certain Crystalline Silicon Photovoltaic 
Products from Taiwan: Request for Changed Circumstances Review and 
Successor-in-Interest Determination,'' dated February 1, 2019 (CCR 
Request).
    \3\ See Certain Crystalline Silicon Photovoltaic Products from 
Taiwan: Initiation of Antidumping Duty Changed Circumstances Review, 
84 FR 11284 (March 26, 2019).
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    On April 10, 2019, SunPower Manufacturing Oregon LLC, a domestic 
producer of subject merchandise and successor to SolarWorld Americas 
(the petitioner), filed a letter in support of an affirmative 
successor-in-interest determination.\4\ We received no additional 
comments on URE's CCR request.
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    \4\ See the petitioner's Letter, ``Certain Crystalline Silicon 
Photovoltaic Products from Taiwan: Support for Successor-in-Interest 
Determination Requested by United Renewable Energy Co. Ltd.,'' dated 
April 10, 2019.
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Scope of the Order

    The merchandise covered by this order is crystalline silicon 
photovoltaic cells, and 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.
    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, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS 
subheadings are provided for convenience and customs purposes; the 
written description of the scope of the order is dispositive. For a 
full description of the scope of the order, please refer to the 
accompanying Preliminary Decision Memorandum.\5\
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Changed Circumstances Review: 
Certain Crystalline Silicon Photovoltaic Products from Taiwan,'' 
dated concurrently with this notice (Preliminary Decision 
Memorandum).
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Methodology

    We are conducting this CCR in accordance with section 751(b)(1) of 
the Tariff Act of 1930, as amended (the Act). For a full description of 
the methodology underlying our analysis, please refer to the 
accompanying Preliminary Decision Memorandum. For a list of topics 
addressed in the Preliminary Decision Memorandum, please see the 
Appendix to this notice.

Preliminary Results of Changed Circumstances Review

    In accordance with 19 CFR 351.216, we preliminarily determine that 
URE is the successor-in-interest to Gintech, Neo Solar, and Solartech. 
Record evidence indicates that URE's management, board of directors and 
ownership are materially similar to those of Gintech, Neo Solar, and 
Solartech prior to their merger. Moreover, we preliminarily find that 
URE assumed the production facilities of Gintech, Neo Solar, and 
Solartech, and substantially assumed the supplier relationships and 
customer base of the predecessor companies. For the complete successor-
in-interest analysis, please refer to the accompanying Preliminary 
Decision Memorandum.
    Furthermore, we preliminarily determine that, as the successor-in-
interest to Gintech, Neo Solar, and Solartech, URE should receive the 
same antidumping duty treatment with respect to the subject merchandise 
as Gintech, Neo Solar, and Solartech. If we continue to reach the same 
determination for the final results of this CCR, we will assign URE the 
cash deposit rate assigned to Gintech, Neo Solar, and Solartech, 
effective on the publication date of the final results in the Federal 
Register. At that time, we will instruct U.S. Customs and Border 
Protection (CBP) to collect the cash deposits accordingly.

Public Comment

    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 10 days of publication of this notice in the Federal 
Register. In accordance with 19 CFR 351.309(c)(1)(ii), interested 
parties may submit case briefs not later than 10 days after the date of 
publication of this notice. Rebuttal briefs, limited to issues raised 
in the case briefs, may be filed no later than five days after the case 
briefs, in accordance with 19 CFR 351.309(d). Parties who submit case 
or rebuttal briefs are encouraged to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities. All comments are to be filed electronically using 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS), available to registered 
users at http://access.trade.gov and in the Central Records Unit, Room 
B8024, of the main Department of Commerce building. An electronically 
filed document must be received successfully in its entirety by ACCESS 
by 5:00 p.m. Eastern Time on the day on which it is due.\6\
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    \6\ See 19 CFR 351.303(b).
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    Consistent with 19 CFR 351.216(e), we intend to issue the final 
results of this CCR no later than 270 days after the date on which this 
review was initiated, or within 45 days if all parties agree to our 
preliminary finding.
    This notice is published in accordance with sections 751(b)(1) of 
the Act and 19 CFR 351.216(b), 351.221(b), and 351.221(c)(3).

    Dated: June 4, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Results of Changed Circumstances Review
V. Recommendation

[FR Doc. 2019-12132 Filed 6-7-19; 8:45 am]
 BILLING CODE 3510-DS-P