80 FR 15568 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Initiation of Changed Circumstances Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 56 (March 24, 2015)
International Trade Administration
Federal Register Volume 80, Issue 56 (March 24, 2015)
| Page Range | 15568-15569 | |
| FR Document | 2015-06750 |
[Federal Register Volume 80, Number 56 (Tuesday, March 24, 2015)] [Notices] [Pages 15568-15569] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06750] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-979] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Initiation of Changed Circumstances Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the ``Department'') received information sufficient to warrant initiation of a changed circumstances review of the antidumping duty order on crystalline silicon photovoltaic cells, whether or not assembled into modules (``solar cells'') from the People's Republic of China (``PRC''). Based on a request from Neo Solar Power Corporation (``Neo Solar''), DelSolar Co., Ltd. (``DelSolar Taiwan''), and DelSolar (Wujiang) Ltd. (``DelSolar Wujiang''), the Department intends to determine, for purposes of the antidumping duty order on solar cells from the PRC, whether Neo Solar is the successor-in-interest to DelSolar Taiwan, an exporter assigned an exporter-producer rate in the investigation in this proceeding. DATES: Effective March 24, 2015. FOR FURTHER INFORMATION CONTACT: Erin Kearney or Howard Smith, 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- 0167 or (202) 482-5193, respectively. SUPPLEMENTARY INFORMATION: Background On December 7, 2012, the Department published a notice of the Order in the solar cells proceeding in the Federal Register.\1\ On February 4, 2015, NeoSolar, DelSolar Taiwan, and DelSolar Wujiang requested that the Department conduct an expedited changed circumstances review pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (``the Act''), and section 351.216(b) of the Department's regulations, to determine that Neo Solar is the successor-in-interest to DelSolar Taiwan for purposes of the Order. In their request, Neo Solar, DelSolar Taiwan, and DelSolar Wujiang provided lists of shareholders, managers, and boards of directors of Neo Solar and DelSolar Taiwan, business licenses of DelSolar Taiwan and DelSolar Wujiang, and a merger agreement and press release describing the merger of Neo Solar and DelSolar Taiwan. --------------------------------------------------------------------------- \1\ 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) (``Order'') --------------------------------------------------------------------------- On March 6, 2015, SolarWorld Americas, Inc. (``SolarWorld''), the petitioner in the underlying investigation, submitted comments on the changed circumstances review request. SolarWorld stated that the Department should reject the request for a changed circumstances review because Neo Solar failed to establish that it is eligible for a separate rate and that it operates as the same business entity as DelSolar Taiwan. SolarWorld stated that if the Department initiates a changed circumstances review with respect to Neo Solar, the Department [[Page 15569]] should require Neo Solar to provide additional information about its company operations before making a preliminary successor-in-interest determination. Scope of the Order The merchandise covered by this order is crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials. This order covers 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. Merchandise under consideration may be described at the time of importation as parts for final finished products that are assembled after importation, including, but not limited to, modules, laminates, panels, building-integrated modules, building-integrated panels, or other finished goods kits. Such parts that otherwise meet the definition of merchandise under consideration are included in the scope of this order. Excluded from the scope of this order 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 order are crystalline silicon photovoltaic cells, not exceeding 10,000 mm\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 cell. Where more than one cell is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all cells that are integrated into the consumer good. Modules, laminates, and panels produced in a third-country from cells produced in the PRC are covered by this order; however, modules, laminates, and panels produced in the PRC from cells produced in a third-country are not covered by this order. Merchandise covered by this order is currently classified in the Harmonized Tariff System of the United States (``HTSUS'') under subheadings 8501.61.0000, 8507.20.80, 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. Initiation of Changed Circumstances Review Pursuant to section 751(b) of the Act, the Department will conduct a changed circumstances review upon receipt of a request from an interested party which shows changed circumstances sufficient to warrant a review of an order. In accordance with section 751(b) of the Act and 19 CFR 351.216(d), the Department determines that the information submitted by Neo Solar, DelSolar Taiwan, and DelSolar Wujiang constitutes sufficient evidence to conduct a changed circumstances review of the Order.\2\ --------------------------------------------------------------------------- \2\ See also 19 CFR 351.221. --------------------------------------------------------------------------- In a changed circumstances review involving a successor-in-interest determination, the Department typically examines several factors including, but not limited to, changes in: (1) Management; (2) production facilities; (3) supplier relationships; and (4) customer base.\3\ While no single factor or combination of factors will necessarily be dispositive, the Department generally will consider the new company to be the successor to the predecessor if the resulting operations are essentially the same as those of the predecessor company.\4\ Thus, if the record demonstrates that, with respect to the production and sale of the subject merchandise, the new company operates as the same business entity as the predecessor company, the Department may assign the new company the cash deposit rate of its predecessor.\5\ --------------------------------------------------------------------------- \3\ See, e.g., Diamond Sawblades and Parts Thereof From the People's Republic of China: Final Results and Termination, in Part, of the Antidumping Duty Changed Circumstances Review, 76 FR 64898 (October 19, 2011); Certain Pasta from Turkey: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 74 FR 26373 (June 2, 2009). \4\ Id. \5\ Id. --------------------------------------------------------------------------- After reviewing the information provided in the request for a changed circumstances review, we determined that Neo Solar, DelSolar Taiwan, and DelSolar Wujiang provided sufficient evidence to warrant a review to determine if Neo Solar is the successor-in-interest to DelSolar Taiwan. Therefore, pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), we are initiating a changed circumstances review. However, we also determined that there is a need to issue a questionnaire to gather additional information, as provided for by 19 CFR 351.221(b)(2), before issuing a preliminary determination in this review. Therefore, the Department is not conducting this review on an expedited basis by publishing the preliminary results in conjunction with this notice of initiation. The Department will issue the preliminary results of this changed circumstances review, in accordance with 19 CFR 351.221(b)(4) and 19 CFR 351.221(c)(3), which will set forth the factual and legal conclusions upon which the preliminary results are based, and a description of any action proposed because of those results. Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity to comment on the preliminary results of the review. In accordance with 19 CFR 351.216(e), the Department will issue the final results of its AD changed circumstance review within 270 days after the date on which the review is initiated. During the course of this changed circumstances review, we will not change the cash deposit requirements for the merchandise subject to review. The cash deposit will only be altered, if warranted, pursuant to the final results of this review. This initiation notice is published in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216(b) and 351.221(b)(1). Dated: March 18, 2015. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015-06750 Filed 3-23-15; 8:45 am] BILLING CODE 3510-DS-P
![15568 Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Notices
accordance with the Magnuson-Stevens FOR FURTHER INFORMATION CONTACT: request from Neo Solar Power
Fishery Conservation and Management Thomas A. Nies, Executive Director, Corporation (‘‘Neo Solar’’), DelSolar Co.,
Act (Magnuson-Stevens Act), those New England Fishery Management Ltd. (‘‘DelSolar Taiwan’’), and DelSolar
issues may not be the subject of formal Council; telephone: (978) 465–0492. (Wujiang) Ltd. (‘‘DelSolar Wujiang’’),
action during this meeting. Actions will SUPPLEMENTARY INFORMATION: The items the Department intends to determine,
be restricted to those issues specifically of discussion on the agenda are: for purposes of the antidumping duty
identified in this notice and any issues The group will continue development order on solar cells from the PRC,
arising after publication of this notice of the white paper, Toward whether Neo Solar is the successor-in-
that require emergency action under Implementation of Electronic interest to DelSolar Taiwan, an exporter
Section 305(c) of the Magnuson-Stevens Monitoring in groundfish fishery assigned an exporter-producer rate in
Act, provided the public has been sectors. The group will also discuss the investigation in this proceeding.
notified of the Council’s intent to take recommendations. Other business will DATES: Effective March 24, 2015.
final action to address the emergency. be discussed as necessary. FOR FURTHER INFORMATION CONTACT: Erin
Special Accommodations Although non-emergency issues not Kearney or Howard Smith, AD/CVD
contained in this agenda may come Operations, Office IV, Enforcement and
This meeting is physically accessible before this group for discussion, those Compliance, International Trade
to people with disabilities. Requests for issues may not be the subject of formal Administration, U.S. Department of
sign language interpretation or other action during these meetings. Action Commerce, 14th Street and Constitution
auxiliary aids should be directed to will be restricted to those issues Avenue NW., Washington, DC 20230;
Thomas A. Nies, Executive Director, at specifically listed in this notice and any telephone: (202) 482–0167 or (202) 482–
(978) 465–0492, at least 5 days prior to issues arising after publication of this 5193, respectively.
the meeting date. notice that require emergency action SUPPLEMENTARY INFORMATION:
Authority: 16 U.S.C. 1801 et seq. under section 305(c) of the Magnuson-
Stevens Act, provided the public has Background
Dated: March 19, 2015.
been notified of the Council’s intent to On December 7, 2012, the Department
William D. Chappell,
take final action to address the published a notice of the Order in the
Acting Deputy Director, Office of Sustainable
emergency. solar cells proceeding in the Federal
Fisheries, National Marine Fisheries Service.
[FR Doc. 2015–06659 Filed 3–23–15; 8:45 am] Special Accommodations Register.1 On February 4, 2015,
NeoSolar, DelSolar Taiwan, and
BILLING CODE 3510–22–P This meeting is physically accessible DelSolar Wujiang requested that the
to people with disabilities. Requests for Department conduct an expedited
sign language interpretation or other changed circumstances review pursuant
DEPARTMENT OF COMMERCE auxiliary aids should be directed to to section 751(b)(1) of the Tariff Act of
National Oceanic and Atmospheric Thomas A. Nies, Executive Director, at 1930, as amended (‘‘the Act’’), and
Administration (978) 465–0492, at least 5 days prior to section 351.216(b) of the Department’s
the meeting date. regulations, to determine that Neo Solar
RIN 0648–XD854
Authority: 16 U.S.C. 1801 et seq. is the successor-in-interest to DelSolar
New England Fishery Management Dated: March 19, 2015. Taiwan for purposes of the Order. In
Council; Public Meeting William D. Chappell, their request, Neo Solar, DelSolar
Acting Deputy Director, Office of Sustainable
Taiwan, and DelSolar Wujiang provided
AGENCY: National Marine Fisheries lists of shareholders, managers, and
Fisheries, National Marine Fisheries Service.
Service (NMFS), National Oceanic and boards of directors of Neo Solar and
[FR Doc. 2015–06660 Filed 3–23–15; 8:45 am]
Atmospheric Administration (NOAA), DelSolar Taiwan, business licenses of
Commerce. BILLING CODE 3510–22–P
DelSolar Taiwan and DelSolar Wujiang,
ACTION: Notice; public meeting. and a merger agreement and press
DEPARTMENT OF COMMERCE release describing the merger of Neo
SUMMARY: The New England Fishery Solar and DelSolar Taiwan.
Management Council (Council) is On March 6, 2015, SolarWorld
scheduling a public meeting of its International Trade Administration
Americas, Inc. (‘‘SolarWorld’’), the
Electronic Monitoring Working Group to [A–570–979] petitioner in the underlying
consider actions affecting New England investigation, submitted comments on
fisheries in the exclusive economic zone Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into the changed circumstances review
(EEZ). Recommendations from this request. SolarWorld stated that the
group will be brought to the full Council Modules, From the People’s Republic
of China: Initiation of Changed Department should reject the request for
for formal consideration and action, if a changed circumstances review
appropriate. Circumstances Review
because Neo Solar failed to establish
DATES: This meeting will be held on AGENCY: Enforcement and Compliance, that it is eligible for a separate rate and
Wednesday, April 8, 2015 at 9:30 a.m. International Trade Administration, that it operates as the same business
ADDRESSES: Department of Commerce. entity as DelSolar Taiwan. SolarWorld
Meeting address: The meeting will be SUMMARY: The Department of Commerce stated that if the Department initiates a
mstockstill on DSK4VPTVN1PROD with NOTICES
held at the NOAA Greater Atlantic (the ‘‘Department’’) received changed circumstances review with
Regional Fisheries Office, 55 Great information sufficient to warrant respect to Neo Solar, the Department
Republic Drive, Gloucester, MA 01930; initiation of a changed circumstances
telephone: (978) 281–9300; fax: (978) review of the antidumping duty order 1 See Crystalline Silicon Photovoltaic Cells,
281–9333. on crystalline silicon photovoltaic cells, Whether or Not Assembled Into Modules, From the
People’s Republic of China: Amended Final
Council address: New England whether or not assembled into modules Determination of Sales at Less Than Fair Value,
Fishery Management Council, 50 Water (‘‘solar cells’’) from the People’s and Antidumping Duty Order, 77 FR 73018
Street Mill 2, Newburyport, MA 01950. Republic of China (‘‘PRC’’). Based on a (December 7, 2012) (‘‘Order’’)
VerDate Sep<11>2014 01:09 Mar 24, 2015 Jkt 235001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1](https://thefederalregister.org/doc/80_FR_15624/page/1.svg)
![Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Notices 15569
should require Neo Solar to provide Tariff System of the United States review. However, we also determined
additional information about its (‘‘HTSUS’’) under subheadings that there is a need to issue a
company operations before making a 8501.61.0000, 8507.20.80, 8541.40.6020, questionnaire to gather additional
preliminary successor-in-interest 8541.40.6030, and 8501.31.8000. These information, as provided for by 19 CFR
determination. HTSUS subheadings are provided for 351.221(b)(2), before issuing a
convenience and customs purposes; the preliminary determination in this
Scope of the Order
written description of the scope of this review. Therefore, the Department is not
The merchandise covered by this order is dispositive. conducting this review on an expedited
order is crystalline silicon photovoltaic basis by publishing the preliminary
cells, and modules, laminates, and Initiation of Changed Circumstances
Review results in conjunction with this notice
panels, consisting of crystalline silicon of initiation.
photovoltaic cells, whether or not Pursuant to section 751(b) of the Act, The Department will issue the
partially or fully assembled into other the Department will conduct a changed preliminary results of this changed
products, including, but not limited to, circumstances review upon receipt of a circumstances review, in accordance
modules, laminates, panels and building request from an interested party which with 19 CFR 351.221(b)(4) and 19 CFR
integrated materials. shows changed circumstances sufficient 351.221(c)(3), which will set forth the
This order covers crystalline silicon to warrant a review of an order. In factual and legal conclusions upon
photovoltaic cells of thickness equal to accordance with section 751(b) of the which the preliminary results are based,
or greater than 20 micrometers, having Act and 19 CFR 351.216(d), the and a description of any action
a p/n junction formed by any means, Department determines that the proposed because of those results.
whether or not the cell has undergone information submitted by Neo Solar, Pursuant to 19 CFR 351.221(b)(4)(ii),
other processing, including, but not DelSolar Taiwan, and DelSolar Wujiang interested parties will have an
limited to, cleaning, etching, coating, constitutes sufficient evidence to opportunity to comment on the
and/or addition of materials (including, conduct a changed circumstances preliminary results of the review. In
but not limited to, metallization and review of the Order.2 accordance with 19 CFR 351.216(e), the
conductor patterns) to collect and In a changed circumstances review Department will issue the final results
forward the electricity that is generated involving a successor-in-interest of its AD changed circumstance review
by the cell. determination, the Department typically
within 270 days after the date on which
Merchandise under consideration examines several factors including, but
the review is initiated.
may be described at the time of not limited to, changes in: (1) During the course of this changed
importation as parts for final finished Management; (2) production facilities; circumstances review, we will not
products that are assembled after (3) supplier relationships; and (4) change the cash deposit requirements
importation, including, but not limited customer base.3 While no single factor
for the merchandise subject to review.
to, modules, laminates, panels, or combination of factors will
The cash deposit will only be altered, if
building-integrated modules, building- necessarily be dispositive, the
warranted, pursuant to the final results
integrated panels, or other finished Department generally will consider the
of this review.
goods kits. Such parts that otherwise new company to be the successor to the
This initiation notice is published in
meet the definition of merchandise predecessor if the resulting operations
accordance with sections 751(b)(1) and
under consideration are included in the are essentially the same as those of the
777(i) of the Act and 19 CFR 351.216(b)
scope of this order. predecessor company.4 Thus, if the
and 351.221(b)(1).
Excluded from the scope of this order record demonstrates that, with respect
are thin film photovoltaic products to the production and sale of the subject Dated: March 18, 2015.
produced from amorphous silicon (a-Si), merchandise, the new company Gary Taverman,
cadmium telluride (CdTe), or copper operates as the same business entity as Associate Deputy Assistant Secretary for
indium gallium selenide (CIGS). the predecessor company, the Antidumping and Countervailing Duty
Also excluded from the scope of this Department may assign the new Operations.
order are crystalline silicon photovoltaic company the cash deposit rate of its [FR Doc. 2015–06750 Filed 3–23–15; 8:45 am]
cells, not exceeding 10,000 mm2 in predecessor.5 BILLING CODE 3510–DS–P
surface area, that are permanently After reviewing the information
integrated into a consumer good whose provided in the request for a changed
function is other than power generation circumstances review, we determined DEPARTMENT OF COMMERCE
and that consumes the electricity that Neo Solar, DelSolar Taiwan, and
generated by the integrated crystalline DelSolar Wujiang provided sufficient National Oceanic and Atmospheric
silicon photovoltaic cell. Where more evidence to warrant a review to Administration
than one cell is permanently integrated determine if Neo Solar is the successor-
in-interest to DelSolar Taiwan. Proposed Information Collection;
into a consumer good, the surface area Comment Request; Economic Survey
for purposes of this exclusion shall be Therefore, pursuant to section 751(b)(1)
of the Act and 19 CFR 351.216(d), we of Gulf of Mexico (GOM) Dealers
the total combined surface area of all Associated With the Gulf of Mexico
cells that are integrated into the are initiating a changed circumstances
(GOM) Grouper-Tilefish Individual
consumer good. Fishing Quota (GT–IFQ) Program
2 See also 19 CFR 351.221.
Modules, laminates, and panels
3 See, e.g., Diamond Sawblades and Parts Thereof
mstockstill on DSK4VPTVN1PROD with NOTICES
produced in a third-country from cells From the People’s Republic of China: Final Results
AGENCY: National Oceanic and
produced in the PRC are covered by this and Termination, in Part, of the Antidumping Duty Atmospheric Administration (NOAA),
order; however, modules, laminates, Changed Circumstances Review, 76 FR 64898 Commerce.
and panels produced in the PRC from (October 19, 2011); Certain Pasta from Turkey:
Notice of Final Results of Antidumping Duty ACTION: Notice.
cells produced in a third-country are not Changed Circumstances Review, 74 FR 26373 (June
covered by this order. 2, 2009). SUMMARY: The Department of
Merchandise covered by this order is 4 Id. Commerce, as part of its continuing
currently classified in the Harmonized 5 Id. effort to reduce paperwork and
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Document Created: 2015-12-18 11:44:58
Document Modified: 2015-12-18 11:44:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective March 24, 2015. | |
| Contact | Erin Kearney or Howard Smith, 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- 0167 or (202) 482-5193, respectively. | |
| FR Citation | 80 FR 15568 |
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