80 FR 55090 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Rescission of Antidumping Duty New Shipper Review; 2013-2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 177 (September 14, 2015)

The Department of Commerce (``Department'') published its Preliminary Rescission for the new shipper review (``NSR'') of the antidumping duty order on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People's Republic of China (``PRC'') on April 21, 2015.\1\ The period of review (``POR'') is December 1, 2013, through May 31, 2014. As discussed below, we preliminarily found that the sale made by Hengdian Group DMEGC Magnetics Co., Ltd. (``DMEGC'') was non-bona fide, and announced our preliminary intent to rescind its NSR. For the final results of this review, we continue to find DMEGC's sale to be non-bona fide. Therefore, we are rescinding this NSR. ---------------------------------------------------------------------------

[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Notices]
[Pages 55090-55091]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23049]


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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: Rescission of 
Antidumping Duty New Shipper Review; 2013-2014

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

SUMMARY: The Department of Commerce (``Department'') published its 
Preliminary Rescission for the new shipper review (``NSR'') of the 
antidumping duty order on crystalline silicon photovoltaic cells, 
whether or not assembled into modules, from the People's Republic of 
China (``PRC'') on April 21, 2015.\1\ The period of review (``POR'') is 
December 1, 2013, through May 31, 2014. As discussed below, we 
preliminarily found that the sale made by Hengdian Group DMEGC 
Magnetics Co., Ltd. (``DMEGC'') was non-bona fide, and announced our 
preliminary intent to rescind its NSR. For the final results of this 
review, we continue to find DMEGC's sale to be non-bona fide. 
Therefore, we are rescinding this NSR.
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    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, From the People's Republic of China: 
Preliminary Rescission of 2013-2014 Antidumping Duty New Shipper 
Review, 80 FR 22164 (April 21, 2015) (``Preliminary Rescission''); 
see also Memorandum to Howard Smith, Acting Director, Office 4, AD/
CVD Operations, from Jeffrey Pedersen, International Trade Analyst, 
titled ``2013-2014 Antidumping Duty New Shipper Review of 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Preliminary Bona 
Fide Sales Analysis for Hengdian Group DMEGC Magnetics Co., Ltd.,'' 
dated April 7, 2015.

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DATES: Effective Date: September 14, 2015.

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

SUPPLEMENTARY INFORMATION: 

Background

    For a complete description of the events that following the 
publication of the Preliminary Results, see the Issues and Decision 
Memorandum.\2\ The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's AD and 
Countervailing Duty (CVD) 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 Issues and Decision Memorandum can be accessed directly at 
http://enforcement.trade.gov/frn/index.html. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.
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    \2\ See Memorandum from Edward Yang, Senior Director, Office 
VII, Antidumping and Countervailing Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, entitled 
``Issues and Decision Memorandum for the Final Results of the 
Antidumping Duty New Shipper Review: Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled Into Modules, From the 
People's Republic of China'' issued concurrently with and hereby 
adopted by this notice (``Issues and Decision Memorandum'').
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Scope of the Order

    The merchandise covered by the 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.\3\ 
Merchandise covered by the order is classifiable under subheadings 
8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030,

[[Page 55091]]

and 8501.31.8000 of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). Although the HTSUS subheadings are provided for 
convenience and customs purposes, our written description of the scope 
of the order is dispositive.
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    \3\ For a complete description of the scope of the order, see 
the Issues and Decision Memorandum.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties are 
addressed in the Issues and Decision Memorandum.\4\ A list of the 
issues which parties raised is attached to this notice as an Appendix.
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    \4\ Id.
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Bona Fide Analysis

    For the Preliminary Rescission, the Department analyzed the bona 
fides of DMEGC's single sale and preliminarily found it to be a non-
bona fide sale.\5\ Based on the Department's complete analysis of all 
of the information and comments on the record of this review, the 
Department continues to find DMEGC's sale to be a non-bona fide sale. 
The Department reached this conclusion based on the totality of 
circumstances, namely: (a) The atypical nature of the price and sale 
quantity; (b) DMEGC's failure to demonstrate that its first 
unaffiliated customer resold the merchandise at a profit; (c) the 
timing of the sale; and (d) issues concerning payment.\6\ For a 
complete discussion, see the Issues and Decision Memorandum.\7\
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    \5\ See ``Decision Memorandum for the Preliminary Rescission of 
the 2013-2014 Antidumping Duty New Shipper Review: Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, 
from the People's Republic of China'' from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Operations, 
to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement 
and Compliance, dated April 7, 2015.
    \6\ See Issues and Decision Memorandum.
    \7\ Id. Further, because a significant amount of the information 
discussed may not be publicly disclosed, the Department addressed 
the issue in a separate business proprietary memorandum. See 
Memorandum to Edward Yang Senior Director, Office VII, Antidumping 
and Countervailing Duty Operations, from Abdelali Elouaradia, 
Director, Office IV, Antidumping and Countervailing Duty Operations: 
``2013-2014 Antidumping Duty New Shipper Review of Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, 
from the People's Republic of China: Comments in the Issues and 
Decision Memorandum Containing Business Proprietary Information,'' 
dated concurrently with this notice.
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Rescission of New Shipper Review

    For the foregoing reasons, the Department finds that DMEGC's sale 
is a non-bona fide sale and that this sale does not provide a 
reasonable or reliable basis for calculating a dumping margin. Because 
this non-bona fide sale was DMEGC's only sale of subject merchandise 
during the POR, the Department is rescinding this NSR.

Assessment

    As the Department is rescinding this NSR, we have not calculated a 
company-specific dumping margin for DMEGC. DMEGC remains part of the 
PRC-wide entity and, accordingly, its entries will be assessed at the 
PRC-wide rate.

Cash Deposit Requirements

    Effective upon publication of this notice of final rescission of 
the NSR of DMEGC, the Department will instruct U.S. Customs and Border 
Protection to discontinue the option of posting a bond or security in 
lieu of a cash deposit for entries of subject merchandise from DMEGC. 
Because we did not calculate a dumping margin for DMEGC or grant DMEGC 
a separate rate in this review, DMEGC continues to be part of the PRC-
wide entity. The cash deposit rate for the PRC-wide entity is 238.95 
percent. These cash deposit requirements shall remain in effect until 
further notice.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
Administrative Protective Order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in these segments of the 
proceeding. Timely written notification of the return or destruction of 
APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended, 
and 19 CFR 351.214.

    Dated: September 4, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Commerce's Bona Fide Analysis for DMEGC
Comment 2: Surrogate Country and Value Selection
Recommendation

[FR Doc. 2015-23049 Filed 9-11-15; 8:45 am]
BILLING CODE 3510-DS-P