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)
International Trade Administration
Federal Register Volume 80, Issue 177 (September 14, 2015)
| Page Range | 55090-55091 | |
| FR Document | 2015-23049 |
[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] ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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''). --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \3\ For a complete description of the scope of the order, see the Issues and Decision Memorandum. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \4\ Id. --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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
![55090 Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices
rate assigned to the company in the that reimbursement of antidumping preliminarily found that the sale made
most recently completed review of that duties occurred and the subsequent by Hengdian Group DMEGC Magnetics
company, except for entries for which assessment of double antidumping Co., Ltd. (‘‘DMEGC’’) was non-bona fide,
the importer claims to be excluded from duties. and announced our preliminary intent
the order under the re-export provision to rescind its NSR. For the final results
Notification to Interested Parties
of the scope, which will require a cash of this review, we continue to find
deposit rate of zero percent; (2) for These final results of administrative DMEGC’s sale to be non-bona fide.
previously reviewed or investigated review are issued and published in Therefore, we are rescinding this NSR.
companies not listed above, the cash accordance with sections 751(a)(1) and DATES: Effective Date: September 14,
deposit rate will continue to be the 777(i)(1) of the Act. 2015.
company-specific rate published for the Dated: September 4, 2015. FOR FURTHER INFORMATION CONTACT:
most recent period with a completed Paul Piquado, Jeffrey Pedersen, AD/CVD Operations,
segment of this proceeding; (3) if the Assistant Secretary for Enforcement and Office IV, Enforcement and Compliance,
exporter is not a firm covered in this Compliance. International Trade Administration,
review, a prior review, or the less-than- Department of Commerce, 1401
fair-value investigation, but the Appendix
Constitution Avenue NW., Washington,
manufacturer is, the cash deposit rate Issues in the Issues and Decision DC 20230; telephone: (202) 482–2769.
will be the rate established for the most Memorandum
SUPPLEMENTARY INFORMATION:
recent period with a completed segment I. Summary
of this proceeding for the manufacturer II. Background Background
of the merchandise; and (4) the cash III. Scope of the Order For a complete description of the
deposit rate for all other manufacturers IV. Discussion of the Issues events that following the publication of
or exporters will continue to be 19.95 Comment 1: Treatment of Samples
Comment 2: Re-export Certifications the Preliminary Results, see the Issues
percent, the all-others rate established and Decision Memorandum.2 The Issues
V. Determination of No Shipments
in the investigation.6 Entries VI. Revised Entry Certifications and Decision Memorandum is a public
accompanied by certifications from the VII. Recommendation document and is on file electronically
exporter, the importer, and the end user, via Enforcement and Compliance’s AD
[FR Doc. 2015–23050 Filed 9–11–15; 8:45 am]
indicating that the LEU will be re- and Countervailing Duty (CVD)
BILLING CODE 3510–DS–P
exported within 18 months will be Centralized Electronic Service System
subject to a cash deposit requirement of (ACCESS). ACCESS is available to
zero percent ad valorem. These cash DEPARTMENT OF COMMERCE registered users at http://
deposit requirements, when imposed, access.trade.gov and in the Central
shall remain in effect until further International Trade Administration Records Unit, Room B8024 of the main
notice. Department of Commerce building. In
[A–570–979]
Notification Regarding Administrative addition, a complete version of the
Protective Orders Crystalline Silicon Photovoltaic Cells, Issues and Decision Memorandum can
Whether or Not Assembled Into be accessed directly at http://
This notice is the only reminder to enforcement.trade.gov/frn/index.html.
Modules, From the People’s Republic
parties subject to the administrative The signed Issues and Decision
of China: Rescission of Antidumping
protective order (APO) of their Memorandum and the electronic
Duty New Shipper Review; 2013–2014
responsibility concerning the return or version of the Issues and Decision
destruction of proprietary information AGENCY: Enforcement and Compliance, Memorandum are identical in content.
disclosed under the APO in accordance International Trade Administration,
with 19 CFR 351.305(a)(3), which Department of Commerce. Scope of the Order
continues to govern business SUMMARY: The Department of Commerce The merchandise covered by the order
proprietary information in this segment (‘‘Department’’) published its is crystalline silicon photovoltaic cells,
of the proceeding. Timely written Preliminary Rescission for the new and modules, laminates, and panels,
notification of the return or destruction shipper review (‘‘NSR’’) of the consisting of crystalline silicon
of APO materials, or conversion to antidumping duty order on crystalline photovoltaic cells, whether or not
judicial protective order, is hereby silicon photovoltaic cells, whether or partially or fully assembled into other
requested. Failure to comply with the not assembled into modules, from the products, including, but not limited to,
regulations and the terms of an APO is People’s Republic of China (‘‘PRC’’) on modules, laminates, panels and building
a sanctionable violation. April 21, 2015.1 The period of review integrated materials.3 Merchandise
(‘‘POR’’) is December 1, 2013, through covered by the order is classifiable
Notification to Importers under subheadings 8501.61.0000,
May 31, 2014. As discussed below, we
This notice serves as a final reminder 8507.20.80, 8541.40.6020, 8541.40.6030,
to the importers of their responsibility 1 See Crystalline Silicon Photovoltaic Cells,
under 19 CFR 351.402(f)(2) to file a Whether or Not Assembled Into Modules, From the 2 See Memorandum from Edward Yang, Senior
certificate regarding the reimbursement People’s Republic of China: Preliminary Rescission Director, Office VII, Antidumping and
of 2013–2014 Antidumping Duty New Shipper Countervailing Operations, to Paul Piquado,
of antidumping duties prior to Review, 80 FR 22164 (April 21, 2015) (‘‘Preliminary Assistant Secretary for Enforcement and
liquidation of the relevant entries Rescission’’); see also Memorandum to Howard Compliance, entitled ‘‘Issues and Decision
during this review period. Failure to Smith, Acting Director, Office 4, AD/CVD Memorandum for the Final Results of the
tkelley on DSK3SPTVN1PROD with NOTICES
comply with this requirement could Operations, from Jeffrey Pedersen, International Antidumping Duty New Shipper Review:
Trade Analyst, titled ‘‘2013–2014 Antidumping Crystalline Silicon Photovoltaic Cells, Whether or
result in the Secretary’s presumption Duty New Shipper Review of Crystalline Silicon Not Assembled Into Modules, From the People’s
Photovoltaic Cells, Whether or Not Assembled Into Republic of China’’ issued concurrently with and
6 See Notice of Amended Final Determination of Modules, From the People’s Republic of China: hereby adopted by this notice (‘‘Issues and Decision
Sales at Less Than Fair Value and Antidumping Preliminary Bona Fide Sales Analysis for Hengdian Memorandum’’).
Duty Order: Low Enriched Uranium From France, Group DMEGC Magnetics Co., Ltd.,’’ dated April 7, 3 For a complete description of the scope of the
67 FR 6680 (February 13, 2002). 2015. order, see the Issues and Decision Memorandum.
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![Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices 55091
and 8501.31.8000 of the Harmonized merchandise during the POR, the DEPARTMENT OF COMMERCE
Tariff Schedule of the United States Department is rescinding this NSR.
(‘‘HTSUS’’). Although the HTSUS International Trade Administration
Assessment
subheadings are provided for [A–580–868]
convenience and customs purposes, our As the Department is rescinding this
written description of the scope of the NSR, we have not calculated a Large Residential Washers From the
order is dispositive. company-specific dumping margin for Republic of Korea: Partial Rescission
DMEGC. DMEGC remains part of the of Antidumping Duty Administrative
Analysis of Comments Received PRC-wide entity and, accordingly, its Review; 2014–2015
All issues raised in the case and entries will be assessed at the PRC-wide
rebuttal briefs by parties are addressed rate. AGENCY: Enforcement and Compliance,
in the Issues and Decision International Trade Administration,
Cash Deposit Requirements Department of Commerce.
Memorandum.4 A list of the issues
which parties raised is attached to this Effective upon publication of this SUMMARY: The Department of Commerce
notice as an Appendix. notice of final rescission of the NSR of (the Department) is partially rescinding
DMEGC, the Department will instruct its administrative review of the
Bona Fide Analysis U.S. Customs and Border Protection to antidumping duty order on large
For the Preliminary Rescission, the discontinue the option of posting a bond residential washers (LRW) from the
Department analyzed the bona fides of or security in lieu of a cash deposit for Republic of Korea (Korea) for the period
DMEGC’s single sale and preliminarily entries of subject merchandise from of review February 1, 2014, through
found it to be a non-bona fide sale.5 DMEGC. Because we did not calculate a January 31, 2015 (POR).
Based on the Department’s complete dumping margin for DMEGC or grant DATES: Effective Date: September 14,
analysis of all of the information and DMEGC a separate rate in this review, 2015.
comments on the record of this review, DMEGC continues to be part of the PRC-
wide entity. The cash deposit rate for FOR FURTHER INFORMATION CONTACT:
the Department continues to find David Goldberger or Reza Karamloo,
DMEGC’s sale to be a non-bona fide the PRC-wide entity is 238.95 percent.
These cash deposit requirements shall Enforcement and Compliance,
sale. The Department reached this International Trade Administration,
conclusion based on the totality of remain in effect until further notice.
U.S. Department of Commerce, 14th
circumstances, namely: (a) The atypical Administrative Protective Order Street and Constitution Avenue NW.,
nature of the price and sale quantity; (b) Washington, DC 20230; telephone: (202)
DMEGC’s failure to demonstrate that its This notice also serves as a reminder
to parties subject to Administrative 482–4136 or (202) 482–4470,
first unaffiliated customer resold the respectively.
merchandise at a profit; (c) the timing of Protective Order (‘‘APO’’) of their
the sale; and (d) issues concerning responsibility concerning the return or SUPPLEMENTARY INFORMATION:
payment.6 For a complete discussion, destruction of proprietary information
disclosed under APO in accordance Background
see the Issues and Decision
Memorandum.7 with 19 CFR 351.305, which continues On February 2, 2015, the Department
to govern business proprietary published in the Federal Register a
Rescission of New Shipper Review information in these segments of the notice of ‘‘Opportunity to Request
For the foregoing reasons, the proceeding. Timely written notification Administrative Review’’ of the
Department finds that DMEGC’s sale is of the return or destruction of APO antidumping duty order on LRW from
a non-bona fide sale and that this sale materials, or conversion to judicial Korea for the POR.1
does not provide a reasonable or reliable protective order, is hereby requested. On February 11, 2015, in accordance
basis for calculating a dumping margin. Failure to comply with the regulations with section 751(a) of the Tariff Act of
Because this non-bona fide sale was and terms of an APO is a violation 1930, as amended (the Act), and 19 CFR
DMEGC’s only sale of subject which is subject to sanction. 351.213(b), the Department received a
We are issuing and publishing this timely request from LG Electronics, Inc.
4 Id.
notice in accordance with sections and its affiliate LG Electronics USA, Inc.
5 See ‘‘Decision Memorandum for the Preliminary 751(a)(2)(B) and 777(i) of the Tariff Act (collectively, LG) to conduct a review of
Rescission of the 2013–2014 Antidumping Duty of 1930, as amended, and 19 CFR LG’s sales and shipments to the United
New Shipper Review: Crystalline Silicon 351.214. States during the POR. On February 26,
Photovoltaic Cells, Whether or Not Assembled Into 2015, Whirlpool Corporation, the
Modules, from the People’s Republic of China’’ Dated: September 4, 2015.
from Christian Marsh, Deputy Assistant Secretary Paul Piquado, petitioner, requested that the
for Antidumping and Countervailing Operations, to Department conduct an administrative
Assistant Secretary for Enforcement and
Ronald K. Lorentzen, Acting Assistant Secretary for
Compliance. review of the sales of LG, Samsung
Enforcement and Compliance, dated April 7, 2015. Electronics Co., Ltd. (Samsung), and
6 See Issues and Decision Memorandum.
Appendix—Issues and Decision Daewoo Electronics Corporation
7 Id. Further, because a significant amount of the
Memorandum (Daewoo).2
information discussed may not be publicly
disclosed, the Department addressed the issue in a Summary On April 3, 2015, the Department
separate business proprietary memorandum. See Background published in the Federal Register a
Memorandum to Edward Yang Senior Director, Scope of the Order notice of initiation of an administrative
Office VII, Antidumping and Countervailing Duty
Operations, from Abdelali Elouaradia, Director,
Discussion of the Issues review of the antidumping duty order
tkelley on DSK3SPTVN1PROD with NOTICES
Office IV, Antidumping and Countervailing Duty Comment 1: Commerce’s Bona Fide Analysis
Operations: ‘‘2013–2014 Antidumping Duty New for DMEGC 1 See Antidumping or Countervailing Duty Order,
Shipper Review of Crystalline Silicon Photovoltaic Comment 2: Surrogate Country and Value Finding, or Suspended Investigation; Opportunity
Cells, Whether or Not Assembled Into Modules, Selection to Request Administrative Review, 80 FR 5509
from the People’s Republic of China: Comments in Recommendation (February 2, 2015).
the Issues and Decision Memorandum Containing 2 See February 11 and 26, 2015, letters from LG
Business Proprietary Information,’’ dated [FR Doc. 2015–23049 Filed 9–11–15; 8:45 am] and the petitioner, respectively, regarding request
concurrently with this notice. BILLING CODE 3510–DS–P for administrative review.
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Document Created: 2018-02-26 10:15:22
Document Modified: 2018-02-26 10:15:22
| 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: September 14, 2015. | |
| 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. | |
| FR Citation | 80 FR 55090 |
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