80 FR 41003 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2012

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 134 (July 14, 2015)

The Department of Commerce (the Department) has completed its administrative review of the countervailing duty (CVD) order on crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the People's Republic of China (the PRC) for the period of review (POR) covering March 26, 2012, through December 31, 2012. On January 8, 2015, we published the preliminary results of this review and the post-preliminary results were completed on April 21, 2015.\1\ ---------------------------------------------------------------------------

[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Notices]
[Pages 41003-41006]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17241]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-980]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Final Results of 
Countervailing Duty Administrative Review; 2012

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 (CVD) order on 
crystalline silicon photovoltaic cells, whether or not assembled into 
modules (solar cells), from the People's Republic of China (the PRC) 
for the period of review (POR) covering March 26, 2012, through 
December 31, 2012. On January 8, 2015, we published the preliminary 
results of this review and the post-preliminary results were completed 
on April 21, 2015.\1\
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    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, From the People's Republic of China: 
Preliminary Results of Countervailing Duty Administrative Review; 
2012; and Partial Rescission of Countervailing Duty Administrative 
Review, 80 FR 1019 (January 8, 2015) (Preliminary Results); see also 
Department Memorandum, ``Post-Preliminary Analysis in the 
Countervailing Duty Administrative Review: Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled Into Modules, From the 
People's Republic of China,'' (April 21, 2015) (Post-Preliminary 
Results).

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[[Page 41004]]

    We provided interested parties with an opportunity to comment on 
the Preliminary Results and Post-Preliminary Results. Our analysis of 
the comments submitted resulted in a change to the net subsidy rates 
for Lightway Green New Energy Co., Ltd. (Lightway), and for Shanghai 
BYD Co., Ltd. (Shanghai BYD), Shangluo BYD Industrial Co., and BYD 
Company Ltd. (collectively, the BYD Group). The final net subsidy rates 
are listed below in the section entitled, ``Final Results of the 
Review.''
    Withdrawals of certain requests for review were timely filed by 
SolarWorld Industries America Inc. (Petitioner) and the BYD Group. As a 
result, we rescinded this administrative review with respect to certain 
companies, pursuant to 19 CFR 351.213(d)(1), and proceeded with the 
review of Lightway and Shanghai BYD, and other companies not selected 
for individual review.\2\
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    \2\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China: Notice 
of Correction to Preliminary Results of Countervailing Duty 
Administrative Review; 2012 and Partial Rescission of Countervailing 
Duty Administrative Review, 80 FR 8597 (February 18, 2015) at 
Appendix II.

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DATES: Effective Date: July 14, 2015.

FOR FURTHER INFORMATION CONTACT: Gene Calvert, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
3586.

SUPPLEMENTARY INFORMATION: 

Background

    Following the Preliminary Results and Post-Preliminary Results, 
from March 11 through March 18, 2015, the Department conducted 
verification of the questionnaire responses submitted by the Government 
of the PRC (the GOC), Lightway, and the BYD Group. The verification 
reports were released between April 2 and April 6, 2015.\3\ We received 
case briefs from interested parties on April 30, 2015.\4\ On May 7, 
2015, interested parties submitted their rebuttal briefs.\5\ No hearing 
was held in this case as the only timely hearing request was 
withdrawn.\6\
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    \3\ See Department Memoranda, ``Verification of the 
Questionnaire Responses Submitted by Lightway Green New Energy Co., 
Ltd.,'' (April 2, 2015); ``Verification of the Questionnaire 
Responses Submitted by Shanghai BYD Co., Ltd.,'' (April 3, 2015); 
``Verification of the Questionnaire Responses Submitted by the 
Government of the People's Republic of China,'' (April 6, 2015).
    \4\ See Letter to the Secretary from SolarWorld Americas, Inc. 
(Petitioner), ``Crystalline Silicon Photovoltaic Cells, Whether or 
Not Assembled into Modules, from the People's Republic of China: 
Case Brief,'' (April 30, 2015); Letter from the GOC, ``GOC 
Administrative Case Brief: First Administrative Review of the 
Countervailing Duty Order on Crystalline Silicon Photovoltaic Cells, 
Whether or not Assembled Into Modules from the People's Republic of 
China (C-570-980),'' (April 30, 2015); Letter from the BYD Group, 
``Crystalline Silicon Photovoltaic Cells, Whether Or Not Assembled 
Into Modules, from the People's Republic of China--2012 Review: Case 
Brief,'' (April 30, 2015); Letter from Lightway, ``Crystalline 
Silicon Photovoltaic Cells from P.R. China: Case Brief,'' (April 30, 
2015).
    \5\ See Letter to the Secretary from Petitioner, ``Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, 
from the People's Republic of China: Rebuttal Brief,'' (May 7, 
2015); Letter from the GOC, ``GOC Rebuttal Brief: First 
Administrative Review of the Countervailing Duty Order on 
Crystalline Silicon Photovoltaic Cells, Whether or not Assembled 
into Modules from the People's Republic of China (C-570-980),'' (May 
7, 2015); Letter from Shanghai BYD, ``Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled Into Modules, from the 
People's Republic of China--2012 Review: Rebuttal Brief,'' (May 7, 
2015); Letter from Lightway, ``Crystalline Silicon Photovoltaic 
Cells from P.R. China: Rebuttal Case Brief,'' (May 7, 2015); Letter 
from Goal Zero, LLC (a U.S. importer of subject merchandise), 
``Crystalline Silicon Photovoltaic Cells, Whether Or Not Assembled 
Into Modules from the People's Republic of China; Rebuttal Brief of 
Goal Zero, LLC,'' (May 7, 2015).
    \6\ See Letter to the Secretary from Shanghai BYD, ``Crystalline 
Silicon Photovoltaic Cells, Whether Or Not Assembled Into Modules, 
From the People's Republic of China: Shanghai BYD Co., Ltd. Request 
for Hearing,'' (February 9, 2015); see also Letter to the Secretary 
from Shanghai BYD, ``Crystalline Silicon Photovoltaic Cells, Whether 
Or Not Assembled Into Modules, from the People's Republic of China--
2012 Review: Withdrawal of Hearing Request,'' (May 11, 2015).
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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. The 
product is currently classified under the Harmonized Tariff Schedule of 
the United States (HTSUS) item numbers 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.
    A full description of the scope of the order is contained in the 
memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, ``Issues and 
Decision Memorandum for the Final Results of the Countervailing Duty 
Administrative Review: Crystalline Silicon Photovoltaic Cells, Whether 
or Not Assembled Into Modules, from the People's Republic of China,'' 
(Final Decision Memorandum), dated concurrently with this notice, and 
hereby adopted by this notice.

Analysis of Comments Received

    All issues in the case briefs are addressed in the Final Decision 
Memorandum. A list of the issues raised is attached to this notice as 
Appendix I. The Final 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 
in the Central Records Unit, Room B8024 of the main Department of 
Commerce building. In addition, a complete version of the Final 
Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/enforcement/. The signed Final Decision Memorandum and 
the electronic version of the Final Decision Memorandum are identical 
in content.

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 countervailable, we determine that there 
is a subsidy, i.e., a financial contribution from an ``authority'' that 
confers a benefit to the recipient, and that the subsidy is 
specific.\7\ For a full description of the methodology underlying our 
conclusions, see the Final Decision Memorandum.
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    \7\ 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(5)(A) of the Act regarding specificity.
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    In making these findings, we relied, in part, on facts available 
and, because the GOC and Lightway did not act to the best of their 
ability in responding to the Department's requests for information, we 
drew an adverse inference in selecting from among the facts otherwise 
available.\8\ For further information, see the section, ``Use of Facts 
Otherwise Available and Adverse Inferences,'' in the Final Decision 
Memorandum.
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    \8\ See sections 776(a) and (b) of the Act.
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Final Results of the Review

    In accordance with 19 CFR 351.221(b)(5), we determine a net 
countervailable subsidy rate of 23.28 percent ad valorem for Lightway, 
and a net countervailable subsidy rate of 15.43 percent ad valorem for 
the BYD Group.

[[Page 41005]]

    For non-reviewed companies that are subject to this administrative 
review (see Appendix II), because the rates calculated for Lightway and 
the BYD Group were above de minimis and not based entirely on facts 
available, we applied a subsidy rate based on a weighted-average of the 
subsidy rates calculated for Lightway and Shanghai BYD using publicly-
ranged sales data submitted by the company respondents so as to avoid 
disclosure of proprietary information. The subsidy rate for these non-
reviewed companies is 20.94 percent.

Assessment Rates

    The Department intends to issue appropriate assessment instructions 
directly to U.S. Customs and Border Protection (CBP) 15 days after the 
date of publication of these final results, to liquidate shipments of 
subject merchandise by Lightway and the BYD Group entered, or withdrawn 
from warehouse, for consumption on or after March 26, 2012, through 
December 31, 2012.

Cash Deposit Instructions

    The Department also intends to instruct CBP to collect cash 
deposits of estimated CVDs in the amount shown above for shipment of 
subject merchandise by Lightway and the BYD Group entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
the final results of this review. For all non-reviewed companies that 
are subject to this administrative review, we will instruct CBP to 
collect cash deposits based on the weighted-average of Lightway's and 
the BYD Group's calculated subsidy rates using publicly ranged sales 
data submitted by the company respondents, pursuant to section 
777A(e)(2)(A) of the Act. A list of the non-reviewed companies that are 
subject to this administrative review is attached as Appendix II to 
this notice.
    For non-reviewed firms that are not subject to this administrative 
review, we will instruct CBP to collect cash deposits of estimated CVDs 
at the most recent company-specific or all-others rate applicable to 
the company. Accordingly, the cash deposit requirements that will be 
applied to companies covered by this order, but not subject to this 
review, are those established in the investigation for each company. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.

Administrative Protective Order

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the 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: July 7, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Final Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of the 2012 Administrative Review
V. Companies Not Selected for Individual Review
VI. Subsidies Valuation Information
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
IX. Analysis of Comments
    Comment 1: Whether the Ex-Im Bank Buyer's Credit Program is 
Countervailable
    Comment 2: Whether the Department Should Continue to Apply AFA 
in Determining Whether to Use an Internal or External Benchmark
    Comment 3: Whether the Provision of Aluminum Extrusions at LTAR 
is Specific
    Comment 4: Whether the Department Should Adjust the Polysilicon 
Benchmark for the Final Results
    Comment 5: Whether the Department Should Remove Certain 
Polysilicon Purchases Regarding the Polysilicon for LTAR Benefit 
Calculation with Respect to Lightway
    Comment 6: Whether the Department Should Find the BYD Group to 
be Uncreditworthy During 2008, 2011, and 2012
    Comment 7: Whether the Department Should Revise the Benefit 
Calculation Regarding the BYD Group's Loans
    Comment 8: Whether the Department Should Find the Subsidies 
Discovered at Lightway's Verification to be Countervailable
    Comment 9: Whether the Department Should Revise Lightway's 
Benefit Calculation to Remove Certain Transactions Regarding the 
Preferential Policy Lending Program
    Comment 10: Whether the Department Should Revise the Principal 
Amounts with Respect to Certain Lightway Loans
    Comment 11: Whether the Department Should Revise the Rate for 
the Non-Selected Companies for these Final Results
X. Recommendation

Appendix II

Companies Not Selected for Individual Review

1. Baoding Jiansheng Photovoltaic Technology Co., Ltd.
2. Boading Tianwei Yingli New Energy Resources Co., Ltd.
3. Beijing Tianneng Yingli New Energy Resources Co. Ltd.
4. Canadian Solar International Limited
5. Canadian Solar Manufacturing (Changshu) Inc.
6. Canadian Solar Manufacturing (Luoyang) Inc.
7. Changzhou NESL Solartech Co., Ltd.
8. Changzhou Trina Solar Energy Co., Ltd.
9. Chint Solar (Zhejiang) Co., Ltd.
10. CSG PVTech Co., Ltd.
11. DelSolar Co., Ltd.
12. De-Tech Trading Limited HK
13. Dongfang Electric (Yixing) MAGI Solar Power Technology Co., Ltd.
14. Eoplly New Energy Technology Co., Ltd.
15. Era Solar Co., Ltd.
16. ET Solar Energy Limited.
17. Hainan Yingli New Energy Resources Co., Ltd.
18. Hangzhou Zhejiang University Sunny Energy Science and Technology 
Co. Ltd.
19. Hendigan Group Dmegc Magnetics
20. Hengshui Yingli New Energy Resources Co., Ltd.
21. Himin Clean Energy Holdings Co., Ltd.
22. Innovosolar
23. Jiangsu Green Power PV Co., Ltd.
24. Jiangxi Sunlink PV Technology Ltd.
25. Jiangsu Jiasheng Photovoltaic Technology Co., Ltd.
26. Jiangsu Sunlink PV Technology Co., Ltd.
27. Jiawei Solarchina Co. Ltd.
28. Jinko Solar Co., Ltd.
29. Jinko Solar Import and Export Co., Ltd.
30. Jinko Solar International Limited
31. Konca Solar Cell Co., Ltd.
32. Kuttler Automation Systems (Suzhou) Co. Ltd.
33. LDK Solar Hi-tech (Suzhou) Co., Ltd.
34. LDK Solar Hi-tech (Nanchang)
35. Leye Photovoltaic Science & Technology Co., Ltd.
36. Lixian Yingli New Energy Resources Co., Ltd.
37. Luoyang Suntech Power Co., Ltd.
38. Magi Solar Technology
39. Motech (Suzhou) Renewable Energy Co., Ltd.
40. MS Solar Investments LLC
41. Ningbo Ulica Solar Science & Technology Co., Ltd.
42. Ningbo Qixin Solar Electrical Appliance Co. Ltd.
43. Ningbo ETDZ Holdings Ltd.
44. Perlight Solar Co., Ltd.
45. ReneSola
46. Renesola Jiangsu Ltd.
47. Shenzen Topray Solar Co., Ltd.
48. Shanghai Machinery Complete Equipment (Group) Corp., Ltd.
49. Shenglong PV Tech.
50. Shenzhen Suntech Power Co., Ltd.
51. ShunFeng PV

[[Page 41006]]

52. Solarbest Energy--Tech (Zhejiang) Co., Ltd.
53. Sopray Energy
54. Sumec Hardware & Tools Co., Ltd.
55. Sun Earth Solar Power Co., Ltd.
56. Suntech Power Co., Ltd.
57. Suzhou Shenglong PV-Tech Co., Ltd.
58. Tianwei New Energy (Chengdu) PV Module Co., Ltd.
59. Tianjin Yingli New Energy Resources Co, Ltd.
60. Trina Solar (Changzhou) Science & Technology Co, Ltd.
61. Topray
62. Upsolar Group, Co. Ltd.
63. Wanxiang Import & Export Co., Ltd.
64. Wuxi Sunshine Power
65. Wuxi Suntech Power Co., Ltd.
66. Yangzhou Rietech Renewal Energy Co., Ltd.
67. Yangzhou Suntech Power Co., Ltd.
68. Yingli Energy (China) Company Limited.
69. Yingli Green Energy International Trading Company Limited.
70. Zhejiang Jiutai New Energy Co. Ltd.
71. Zhejiang Shuqimeng Photovoltaic Technology Co., Ltd.
72. Zhejiang Xinshun Guangfu Science and Technology Co., Ltd.
73. Zhejiang ZG-Cells Co, Ltd.
74. Zhenjiang Rietech New Energy Science & Technology Co., Ltd.
75. Zhiheng Solar Inc.
76. Zhejiang Sunflower Light Energy Sciences & Technology Limited 
Liability Company

[FR Doc. 2015-17241 Filed 7-13-15; 8:45 am]
BILLING CODE 3510-DS-P