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)
International Trade Administration
Federal Register Volume 80, Issue 134 (July 14, 2015)
| Page Range | 41003-41006 | |
| FR Document | 2015-17241 |
[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] ----------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- [[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\ --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \8\ See sections 776(a) and (b) of the Act. --------------------------------------------------------------------------- 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
![Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Notices 41003
entered, or withdrawn from warehouse, We are issuing these results of Comment 30. Surrogate Value for Quartz
for consumption on or after the administrative review and publishing Crucibles
publication date of this notice in the notice in accordance with sections Comment 31. Surrogate Value for Junction
Federal Register, as provided by section Boxes
751(a)(1) and 777(i) of the Act.
Comment 32. Differential Pricing
751(a)(2)(C) of the Act: (1) For the Dated: July 7, 2015. Comment 33. Surrogate Value for the
exporters listed above, the cash deposit Paul Piquado, Polysilicon Feedstock and Solar Cell
rate will be the rate listed for each Offsets
Assistant Secretary for Enforcement and
exporter in the table in the ‘‘Final Compliance. Comment 34. Surrogate Value for Semi-
Results’’ section of this notice; (2) for finished Polysilicon Ingots and Blocks
previously investigated PRC and non- Appendix—Issues and Decision Comment 35. Surrogate Value for
PRC exporters that received a separate Memorandum Aluminum Angle Keys
rate in a prior segment of this Comment 36. Surrogate Value for
Summary Aluminum Frames
proceeding, the cash deposit rate will Background
continue to be the existing exporter- Comment 37. Indirect Selling Expenses
Scope of the Order
Comment 38. Application of a By-Product
specific rate; (3) for all PRC exporters of Treatment of Wuxi Suntech, Luoyang
Recovery Cap on Recycled Paste
subject merchandise that have not been Suntech, Shanghai Suntech, and Wuxi
Comment 39. Whether the Department
found to be entitled to a separate rate, Sunshine
Improperly Calculated the Partial AFA
the cash deposit rate will be the rate Adjustment Under Section 777A(f) of the Act
for Wuxi Suntech Rate Applied to Yingli
previously established for the PRC-wide Discussion of the Issues Comment 40. Whether to Exclude Certain
entity; and (4) for all non-PRC exporters Comment 1. Rescission of the Reviews of Reported CEP Sales
of subject merchandise which have not JingAo Solar Co., Ltd. and Shanghai JA Comment 41. Wuxi Suntech Separate Rate
received their own rate, the cash deposit Solar PV Technology Co., Ltd. Status
rate will be the rate applicable to the Comment 2. Treatment of ERA Solar Co., Comment 42. The Department’s Separate
Ltd. Rates Practice in AD Proceedings
PRC exporter that supplied that non-
Comment 3. PRC-Wide Entity Rate Involving the PRC
PRC exporter. These deposit
requirements, when imposed, shall Comment 4. Assessment of Entries Made [FR Doc. 2015–17238 Filed 7–13–15; 8:45 am]
Prior to the International Trade
remain in effect until further notice. BILLING CODE 3510–DS–P
Commission’s Final Determination
Disclosure Comment 5. Treatment of Jiangsu Sunlink
PV Technology Co., Ltd. DEPARTMENT OF COMMERCE
We intend to disclose the calculations Comment 6. Treatment of CSG PVTech Co.,
performed for these final results of Ltd.
review within five days of the date of International Trade Administration
Comment 7. Treatment of Leye
publication of this notice in the Federal Photovoltaic Science & Technology Co. [C–570–980]
Register in accordance with 19 CFR Ltd.
351.224(b). Comment 8. Rescission of Review of LDK Crystalline Silicon Photovoltaic Cells,
Solar Hi-Tech (Nanchang) Co., Ltd.
Notification to Importers Regarding the Whether or Not Assembled Into
Comment 9. Whether to Apply Adverse
Reimbursement of Duties Facts Available (‘‘AFA’’) to Two Modules, From the People’s Republic
Unreported Yingli Sales of China: Final Results of
This notice also serves as a final Comment 10. Unreported FOPs by Countervailing Duty Administrative
reminder to importers of their Suppliers and Tollers Review; 2012
responsibility under 19 CFR 351.402(f) Comment 11. Surrogate Value for Cutting
to file a certificate regarding the Wire AGENCY: Enforcement and Compliance,
reimbursement of antidumping duties Comment 12. Surrogate Value for International Trade Administration,
prior to liquidation of the relevant Aluminum-Silver Paste Department of Commerce.
entries during this POR. Failure to Comment 13. Surrogate Value for Silver SUMMARY: The Department of Commerce
comply with this requirement could Paste
Comment 14. Surrogate Value for
(the Department) has completed its
result in the Secretary’s presumption Unclassified Stores administrative review of the
that reimbursement of antidumping Comment 15. Ocean Freight countervailing duty (CVD) order on
duties has occurred and the subsequent Comment 16. Brokerage and Handling crystalline silicon photovoltaic cells,
assessment of double antidumping Comment 17. Labor Calculation whether or not assembled into modules
duties. Comment 18. Surrogate Value for Natural (solar cells), from the People’s Republic
Gas of China (the PRC) for the period of
Administrative Protective Order Comment 19. Surrogate Value for Nitric
(‘‘APO’’) review (POR) covering March 26, 2012,
Acid
Comment 20. Surrogate Value for
through December 31, 2012. On January
This notice also serves as a reminder 8, 2015, we published the preliminary
to parties subject to APO of their Hydrofluoric Acid
Comment 21. Application of Surrogate results of this review and the post-
responsibility concerning the return or Marine Insurance Rate preliminary results were completed on
destruction of proprietary information Comment 22. Conversion Factor for April 21, 2015.1
disclosed under APO in accordance Natural Gas
with 19 CFR 351.305, which continues Comment 23. Movement Expenses for 1 See Crystalline Silicon Photovoltaic Cells,
to govern business proprietary Yingli’s EP Sale
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Whether or Not Assembled Into Modules, From the
information in this segment of the Comment 24. Surrogate Value for People’s Republic of China: Preliminary Results of
Backsheet Countervailing Duty Administrative Review; 2012;
proceeding. Timely written notification and Partial Rescission of Countervailing Duty
of the return or destruction of APO Comment 25. Calculation of Surrogate
Financial Profit Ratio Administrative Review, 80 FR 1019 (January 8,
materials, or conversion to judicial Comment 26. Gross Unit Price Adjustments
2015) (Preliminary Results); see also Department
protective order, is hereby requested. Memorandum, ‘‘Post-Preliminary Analysis in the
Comment 27. Surrogate Value for Wafers Countervailing Duty Administrative Review:
Failure to comply with the regulations Comment 28. Export Subsidy Adjustment Crystalline Silicon Photovoltaic Cells, Whether or
and terms of an APO is a violation Comment 29. By-Product Offset for Broken Not Assembled Into Modules, From the People’s
which is subject to sanction. Wafers Continued
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![41006 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Notices
52. Solarbest Energy—Tech (Zhejiang) Co., Background subject articles, if the total number of
Ltd. nails of all types, in aggregate regardless
53. Sopray Energy On May 20, 2015, the Department
published its final determination in the of size, is less than 25. If packaged in
54. Sumec Hardware & Tools Co., Ltd.
countervailing duty investigation of combination with one or more non-
55. Sun Earth Solar Power Co., Ltd.
56. Suntech Power Co., Ltd. nails from the Vietnam.1 On July 6, subject articles, certain steel nails
57. Suzhou Shenglong PV-Tech Co., Ltd. remain subject merchandise if the total
2015, the ITC notified the Department of
58. Tianwei New Energy (Chengdu) PV number of nails of all types, in aggregate
its final determination pursuant to
Module Co., Ltd. regardless of size, is equal to or greater
59. Tianjin Yingli New Energy Resources Co,
section 705(b)(1)(A)(i) of the Tariff Act
than 25, unless otherwise excluded
Ltd. of 1930, as amended (Act), that an
based on the other exclusions below.
60. Trina Solar (Changzhou) Science & industry in the United States is Also excluded from the scope are
Technology Co, Ltd. materially injured by reason of certain steel nails with a nominal shaft
61. Topray subsidized imports of subject length of one inch or less that are (a) a
62. Upsolar Group, Co. Ltd. merchandise from Vietnam.2
63. Wanxiang Import & Export Co., Ltd. component of an unassembled article,
64. Wuxi Sunshine Power Scope of the Order (b) the total number of nails is sixty (60)
65. Wuxi Suntech Power Co., Ltd. or less, and (c) the imported
The merchandise covered by this
66. Yangzhou Rietech Renewal Energy Co., unassembled article falls into one of the
Ltd. order is certain steel nails having a
following eight groupings: (1) Builders’
67. Yangzhou Suntech Power Co., Ltd. nominal shaft length not exceeding 12 joinery and carpentry of wood that are
68. Yingli Energy (China) Company Limited. inches.3 Certain steel nails include, but classifiable as windows, French-
69. Yingli Green Energy International are not limited to, nails made from windows and their frames; (2) builders’
Trading Company Limited. round wire and nails that are cut from
70. Zhejiang Jiutai New Energy Co. Ltd. joinery and carpentry of wood that are
flat-rolled steel. Certain steel nails may classifiable as doors and their frames
71. Zhejiang Shuqimeng Photovoltaic be of one piece construction or
Technology Co., Ltd. and thresholds; (3) swivel seats with
72. Zhejiang Xinshun Guangfu Science and constructed of two or more pieces. variable height adjustment; (4) seats that
Technology Co., Ltd. Certain steel nails may be produced are convertible into beds (with the
73. Zhejiang ZG-Cells Co, Ltd. from any type of steel, and may have exception of those classifiable as garden
74. Zhenjiang Rietech New Energy Science & any type of surface finish, head type, seats or camping equipment); (5) seats of
Technology Co., Ltd. shank, point type and shaft diameter. cane, osier, bamboo or similar materials;
75. Zhiheng Solar Inc. Finishes include, but are not limited to,
76. Zhejiang Sunflower Light Energy (6) other seats with wooden frames
coating in vinyl, zinc (galvanized, (with the exception of seats of a kind
Sciences & Technology Limited Liability
including but not limited to used for aircraft or motor vehicles); (7)
Company
electroplating or hot dipping one or furniture (other than seats) of wood
[FR Doc. 2015–17241 Filed 7–13–15; 8:45 am] more times), phosphate, cement, and (with the exception of i) medical,
BILLING CODE 3510–DS–P paint. Certain steel nails may have one surgical, dental or veterinary furniture;
or more surface finishes. Head styles and ii) barbers’ chairs and similar
include, but are not limited to, flat, chairs, having rotating as well as both
DEPARTMENT OF COMMERCE projection, cupped, oval, brad, headless, reclining and elevating movements); or
double, countersunk, and sinker. Shank (8) furniture (other than seats) of
International Trade Administration
styles include, but are not limited to, materials other than wood, metal, or
[C–552–819] smooth, barbed, screw threaded, ring plastics (e.g., furniture of cane, osier,
shank and fluted. Screw-threaded nails bamboo or similar materials). The
Certain Steel Nails From the Socialist subject to this proceeding are driven aforementioned imported unassembled
Republic of Vietnam: Countervailing using direct force and not by turning the articles are currently classified under
Duty Order nail using a tool that engages with the the following Harmonized Tariff
AGENCY: Enforcement and Compliance, head. Point styles include, but are not Schedule of the United States (HTSUS)
International Trade Administration, limited to, diamond, needle, chisel and subheadings: 4418.10, 4418.20, 9401.30,
Department of Commerce. blunt or no point. Certain steel nails 9401.40, 9401.51, 9401.59, 9401.61,
SUMMARY: Based on affirmative final may be sold in bulk, or they may be 9401.69, 9403.30, 9403.40, 9403.50,
determinations by the Department of collated in any manner using any 9403.60, 9403.81 or 9403.89.
Commerce (Department) and the material. Also excluded from the scope of this
International Trade Commission (ITC), Excluded from the scope of this order order are steel nails that meet the
the Department is issuing a are certain steel nails packaged in specifications of Type I, Style 20 nails
countervailing duty order on certain combination with one or more non- as identified in Tables 29 through 33 of
steel nails (nails) from the Socialist ASTM Standard F1667 (2013 revision).
Republic of Vietnam (Vietnam).
1 See Certain Steel Nails From the Socialist
Also excluded from the scope of this
Republic of Vietnam: Final Affirmative order are nails suitable for use in
DATES: Effective July 14, 2015. Countervailing Duty Determination, 80 FR 28962
(May 20, 2015). powder-actuated hand tools, whether or
FOR FURTHER INFORMATION CONTACT:
2 See Certain Steel Nails from Korea, Malaysia, not threaded, which are currently
Thomas Schauer or Sergio Balbontin, Oman, Taiwan, and Vietnam, USITC Investigation classified under HTSUS subheadings
AD/CVD Operations, Office 1, Nos. 701–TA–521 and 731–TA–1252–1255 (Final), 7317.00.20.00 and 7317.00.30.00.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Enforcement and Compliance, USITC Publication 4541 (July 2015). Because the Also excluded from the scope of this
International Trade Administration, final CVD determinations with respect to Korea,
Malaysia, Oman, and Taiwan were negative, the order are nails having a case hardness
U.S. Department of Commerce, 14th CVD investigations with respect to those countries greater than or equal to 50 on the
Street and Constitution Avenue NW., were terminated. Rockwell Hardness C scale (HRC), a
Washington, DC 20230; telephone: (202) 3 The shaft length of certain steel nails with flat
carbon content greater than or equal to
482–0410 and (202) 482–6478, heads or parallel shoulders under the head shall be
0.5 percent, a round head, a secondary
respectively. measured from under the head or shoulder to the
tip of the point. The shaft length of all other certain reduced-diameter raised head section, a
SUPPLEMENTARY INFORMATION: steel nails shall be measured overall. centered shank, and a smooth
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Document Created: 2018-02-23 09:19:09
Document Modified: 2018-02-23 09:19:09
| 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 Date: July 14, 2015. | |
| 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. | |
| FR Citation | 80 FR 41003 |
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