80 FR 63743 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of the Changed Circumstances Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 203 (October 21, 2015)
International Trade Administration
Federal Register Volume 80, Issue 203 (October 21, 2015)
| Page Range | 63743-63745 | |
| FR Document | 2015-26762 |
[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)] [Notices] [Pages 63743-63745] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-26762] ----------------------------------------------------------------------- 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: Preliminary Results of the Changed Circumstances Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 18, 2015, the Department of Commerce (the ``Department'') initiated a changed circumstance review (``CCR'') 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'') in response to a request from Neo Solar Power Corporation (``Neo Solar''), DelSolar Co., Ltd. (``DelSolar Taiwan''), and DelSolar (Wujiang) Ltd. (``DelSolar Wujiang'').\1\ [[Page 63744]] Pursuant to section 751(b) of the Tariff Act of 1930, as amended (the ``Act''), and 19 CFR 351.216, the Department preliminarily determines that Neo Solar is not the successor-in-interest to DelSolar Taiwan for purposes of determining antidumping duty (``AD'') liability in this proceeding. Interested parties are invited to comment on these preliminary results. --------------------------------------------------------------------------- \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Initiation of Changed Circumstances Review, 80 FR 15568 (March 24, 2015) (``Initiation Notice''). We note that although the request was submitted on behalf of DelSolar Taiwan, the purported predecessor company, the request also states that DelSolar Taiwan no longer exists as a legal entity. --------------------------------------------------------------------------- DATES: Effective date: October 21, 2015. FOR FURTHER INFORMATION CONTACT: Erin Kearney, 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. SUPPLEMENTARY INFORMATION: Background On December 7, 2012, the Department published the AD order on solar cells from the PRC in the Federal Register.\2\ On February 4, 2015, Neo Solar, DelSolar Taiwan, and DelSolar Wujiang requested that the Department conduct an expedited CCR pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(b) to determine that Neo Solar is the successor-in-interest to DelSolar Taiwan for purposes of the Order.\3\ On March 6, 2015, SolarWorld Americas, Inc., petitioner in the underlying investigation of solar cells (``Petitioner''), submitted comments opposing initiation of this review, contending that Neo Solar should not be treated as the successor-in-interest to DelSolar Taiwan because Neo Solar has neither established that it operates as the same business entity as DelSolar Taiwan, nor that it is eligible for a separate rate.\4\ --------------------------------------------------------------------------- \2\ 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''). \3\ See Letter from Neo Solar, DelSolar Taiwan, and DelSolar Wujiang, ``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Changed Circumstances Review Request,'' dated February 4, 2015 (``CCR Request''). \4\ See Letter from the Petitioner, ``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Comments on Neo Solar Power Corporation's Request for a Changed Circumstances Review,'' dated March 6, 2015 (``Petitioner's Initiation Comments''). --------------------------------------------------------------------------- The Department initiated this CCR on March 18, 2015.\5\ On June 4, 2015, the Department issued a supplemental questionnaire to Neo Solar, DelSolar Taiwan, and DelSolar Wujiang.\6\ On June 30, 2015, Neo Solar, DelSolar Taiwan, and DelSolar Wujiang timely responded to the Department's supplemental questionnaire.\7\ --------------------------------------------------------------------------- \5\ See Initiation Notice. \6\ See Letter from Howard Smith, Program Manager, Office IV, ``Supplemental Questionnaire in the Changed Circumstances Review of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China,'' dated June 4, 2015 (``Supplemental Questionnaire''). \7\ See Letter from Neo Solar, DelSolar Taiwan, and DelSolar Wujiang, ``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China,'' dated June 30, 2015 (``Supplemental Questionnaire Response''). --------------------------------------------------------------------------- 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. 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. A complete description of the scope of the order is contained in the Preliminary Decision Memorandum.\8\ The Preliminary 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 is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \8\ See ``Decision Memorandum for the Preliminary Results of the Antidumping Duty Changed Circumstances Review of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Neo Solar Power Corporation and DelSolar Co., Ltd.'' dated concurrently and hereby adopted in this notice. --------------------------------------------------------------------------- Methodology In accordance with section 751(b)(1) of the Act, we are conducting this CCR based upon the information contained in the submissions of Neo Solar, DelSolar Taiwan, and DelSolar Wujiang.\9\ For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \9\ See CCR Request and Supplemental Questionnaire Response. --------------------------------------------------------------------------- Preliminary Results of the Changed Circumstances Review Based on record evidence, we preliminarily determine that Neo Solar is not the successor-in-interest to DelSolar Taiwan. Specifically, we find that material changes occurred after DelSolar Taiwan merged with, and became part of, Neo Solar, including significant changes in management, the board of directors, and ownership. In addition, we find that Neo Solar did not demonstrate that its operations, with respect to the subject merchandise, were materially similar to the operations of DelSolar Taiwan when it comes to supplier relationships and customer base. Thus, we preliminarily determine that Neo Solar does not operate as the same business entity as DelSolar Taiwan with respect to the subject merchandise. A list of topics discussed in the Preliminary Decision Memorandum appears in the Appendix to this notice. If the Department upholds these preliminary results in the final results, Neo Solar will be subject to the cash deposit rate currently assigned to the PRC-wide entity (i.e., 238.95 percent).\10\ --------------------------------------------------------------------------- \10\ See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2012-2013, 80 FR 40998 (July 14, 2015). --------------------------------------------------------------------------- Public Comment Interested parties may submit case briefs no later than 14 days after the date of publication of these preliminary results of review in the Federal Register.\11\ Rebuttal briefs, limited to issues raised in the case briefs, may be filed by no later than five days after the deadline for filing case briefs.\12\ Parties that submit case or rebuttal briefs are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\13\ All briefs are to be filed electronically using [[Page 63745]] ACCESS.\14\ An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the day on which it is due.\15\ --------------------------------------------------------------------------- \11\ See 19 CFR 351.309(c)(1)(ii). The Department has exercised its discretion under 19 CFR 351.309(c)(1)(ii) to alter the time limit for submission of case briefs. \12\ See 19 CFR 351.309(d)(1). \13\ See 19 CFR 351.309(c)(2) and (d)(2). \14\ See 19 CFR 351.303(b). \15\ Id. --------------------------------------------------------------------------- Any interested party may submit a request for a hearing to the Assistant Secretary of Enforcement and Compliance using ACCESS within 14 days of publication of this notice in the Federal Register.\16\ Hearing requests should contain the following information: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed.\17\ Oral presentations will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date of the hearing which will be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.\18\ --------------------------------------------------------------------------- \16\ See 19 CFR 351.310(c). \17\ Id. \18\ See 19 CFR 351.310(d). --------------------------------------------------------------------------- Final Results of the Review Unless extended, in accordance with 19 CFR 351.216(e), the Department intends to issue the final results of this changed circumstances review not later than 270 days after the date on which the review was initiated. Notification to Parties The Department is issuing and publishing these results in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216 and 351.221(c)(3)(i). Dated: October 15, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Preliminary Results of the Changed Circumstances Review Discussion of Methodology Successor-in-Interest Analysis 1. Ownership and Management 2. Production Facilities 3. Supplier Relationships 4. Customer Base V. Summary of Preliminary Findings VI. Recommendation [FR Doc. 2015-26762 Filed 10-20-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices 63743
Continuation of Suspension of and estimated domestic subsidy pass- of the Preliminary Determination ended
Liquidation through, as discussed above.6 The on September 27, 2015. Furthermore,
‘‘PRC-wide’’ rate applies to all exporters section 737(b) of the Act states that
In accordance with section of subject merchandise not specifically definitive duties are to begin on the date
735(c)(1)(B) of the Act, we will instruct listed. of publication of the ITC’s final injury
CBP to continue to suspend liquidation
Provisional Measures determination.
on entries of subject merchandise from
the PRC. We will also instruct CBP to Section 733(d) of the Act states that Therefore, in accordance with section
require cash deposits equal to the instructions issued pursuant to an 733(d) of the Act and our practice, we
estimated amount by which the normal affirmative preliminary determination will instruct CBP to terminate the
value exceeds the U.S. price as may not remain in effect for more than suspension of liquidation and to
indicated in the chart below, adjusted four months except where exporters liquidate, without regard to
where appropriate for export subsidies representing a significant proportion of antidumping duties, unliquidated
and estimated domestic subsidy pass- exports of the subject merchandise entries of boltless steel shelving from
through.5 These instructions suspending request the Department to extend that the PRC entered, or withdrawn from
liquidation will remain in effect until four-month period to no more than six warehouse, for consumption after
further notice. months. At the request of an exporter September 27, 2015, the date the
Accordingly, effective on the date of that accounted for a significant provisional measures expired, and
publication of the ITC’s final affirmative proportion of exports of boltless steel through the day preceding the date of
injury determination, CBP will require, shelving from the PRC, we extended the publication of the ITC’s final injury
at the same time as importers would four-month period to no more than six determination in the Federal Register.
normally deposit estimated duties on months.7 In the underlying Estimated Weighted-Average Dumping
this subject merchandise, a cash deposit investigation, the Department published Margin
equal to the estimated weighted-average the Preliminary Determination on April
antidumping duty margins, adjusted 1, 2015. Therefore, the six-month period The weighted-average antidumping
where appropriate for export subsidies beginning on the date of the publication duty margin percentages are as follows:
Weighted-Average
Exporter Producer margin
(percent)
Zhongda United Holding Group Co., Ltd ............................... Jiaxing Zhongda Metalwork Co., Ltd ..................................... 17.55
Jiaxing Zhongda Import & Export Co., Ltd ............................. Jiaxing Zhongda Metalwork Co., Ltd ..................................... 17.55
Ningbo ETDZ Huixing Trade Co., Ltd .................................... Haifa (Ningbo) Office Equipment Co., Ltd ............................. 17.55
Ningbo ETDZ Huixing Trade Co., Ltd .................................... Ningbo Decko Metal Products Trade Co., Ltd ....................... 17.55
Ningbo ETDZ Huixing Trade Co., Ltd .................................... Lianfa Metal Product Co., Ltd ................................................ 17.55
Meridian International Co., Ltd ............................................... Zhejiang Limai Metal Products Co., Ltd ................................. 17.55
Zhejiang Limai Metal Products Co., Ltd ................................. Zhejiang Limai Metal Products Co., Ltd ................................. 17.55
HoiFat (NingBo) Office Facilities Co., Ltd .............................. HoiFat (NingBo) Office Facilities Co., Ltd .............................. 17.55
PRC-Wide Entity (including Nanjing Topsun Racking Manu- ................................................................................................. 112.68
facturing Co., Ltd.).
This notice constitutes the DEPARTMENT OF COMMERCE silicon photovoltaic cells, whether or
antidumping duty order with respect to not assembled into modules (‘‘solar
boltless steel shelving from the PRC, International Trade Administration cells’’), from the People’s Republic of
pursuant to section 736(a) of the Act. China (‘‘PRC’’) in response to a request
Interested parties may contact the [A–570–979] from Neo Solar Power Corporation
Department’s Central Records Unit, (‘‘Neo Solar’’), DelSolar Co., Ltd.
Room B8024 of the main Commerce Crystalline Silicon Photovoltaic Cells, (‘‘DelSolar Taiwan’’), and DelSolar
building, for copies of an updated list of Whether or Not Assembled Into
(Wujiang) Ltd. (‘‘DelSolar Wujiang’’).1
antidumping duty orders currently in Modules, From the People’s Republic
effect. of China: Preliminary Results of the
This order is published in accordance Changed Circumstances Review
with sections 736(a) of the Act and 19
AGENCY: Enforcement and Compliance,
CFR 351.211(b).
International Trade Administration,
Dated: October 15, 2015. Department of Commerce.
Paul Piquado, SUMMARY: On March 18, 2015, the
Assistant Secretary for Enforcement and Department of Commerce (the
Compliance. ‘‘Department’’) initiated a changed
[FR Doc. 2015–26765 Filed 10–20–15; 8:45 am] circumstance review (‘‘CCR’’) of the
BILLING CODE 3510–DS–P antidumping duty order on crystalline
5 See Final Determination 80 FR at 51781 Sales at Less Than Fair Value, and Negative Amended Preliminary Determination of Sales at
tkelley on DSK3SPTVN1PROD with NOTICES
(describing the adjustments to the AD duty margins Determination of Critical Circumstances: Certain Less Than Fair Value and Postponement of Final
in more detail); see also sections 772(c)(1)(C) and Lined Paper Products from India, 71 FR 45012 Determination, 80 FR 21207, 21208 (April 17,
777A(f) of the Act, respectively. Unlike in (August 8, 2006), and accompanying Issues and 2015).
administrative reviews, the Department calculates Decision Memorandum at Comment 1. 1 See Crystalline Silicon Photovoltaic Cells,
the adjustment for export subsidies in 6 See sections 736(a)(3), 772(c)(1)(C) and 777A(f)
Whether or Not Assembled Into Modules, from the
investigations not in the margin calculation of the Act. People’s Republic of China: Initiation of Changed
program, but in the cash deposit instructions issued 7 See Boltless Steel Shelving Units Prepackaged Circumstances Review, 80 FR 15568 (March 24,
to CBP. See, e.g., Notice of Final Determination of for Sale From the People’s Republic of China: 2015) (‘‘Initiation Notice’’). We note that although
Continued
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![Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices 63745
ACCESS.14 An electronically filed DEPARTMENT OF COMMERCE than 130 days after the date on which
document must be received successfully the Department initiated the
in its entirety by ACCESS by 5:00 p.m. International Trade Administration investigation.
Eastern Time on the day on which it is [C–351–846, C–580–884, C–489–827]
The Department determines that the
due.15 parties involved in these hot-rolled steel
Any interested party may submit a Certain Hot-Rolled Steel Flat Products CVD investigations are cooperating, and
From Brazil, the Republic of Korea, that the investigations are
request for a hearing to the Assistant
and Turkey: Postponement of extraordinarily complicated. Additional
Secretary of Enforcement and
Preliminary Determinations in the time is required to analyze the
Compliance using ACCESS within 14
Countervailing Duty Investigations questionnaire responses and issue
days of publication of this notice in the
appropriate requests for clarification
Federal Register.16 Hearing requests AGENCY: Enforcement and Compliance, and additional information.
should contain the following International Trade Administration, Therefore, in accordance with section
information: (1) The party’s name, Department of Commerce. 703(c)(1)(B) of the Act and 19 CFR
address, and telephone number; (2) the 351.205(f)(1), the Department is
DATES: Effective Date: October 21, 2015.
number of participants; and (3) a list of postponing the time period for the
the issues to be discussed.17 Oral FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin at (202) 482–6478 preliminary determinations of these
presentations will be limited to issues investigations by 65 days, to January 8,
raised in the briefs. If a request for a (Brazil); Katie Marksberry at (202) 482–
7906 (Republic of Korea); Emily Halle at 2016. Pursuant to section 705(a)(1) of
hearing is made, parties will be notified the Act and 19 CFR 351.210(b)(1), the
of the time and date of the hearing (202) 482–0176 (Turkey), AD/CVD
Operations, Enforcement and deadline for the final determinations
which will be held at the U.S. will continue to be 75 days after the
Department of Commerce, 1401 Compliance, U.S. Department of
Commerce, 14th Street and Constitution date of the preliminary determinations.
Constitution Avenue NW., Washington, This notice is issued and published
DC 20230.18 Avenue NW., Washington, DC 20230.
pursuant to section 703(c)(2) of the Act
SUPPLEMENTARY INFORMATION:
Final Results of the Review and 19 CFR 351.205(f)(1).
Background Dated: October 15, 2015.
Unless extended, in accordance with On August 31, 2015, the Department Paul Piquado,
19 CFR 351.216(e), the Department of Commerce (the Department) initiated Assistant Secretary for Enforcement and
intends to issue the final results of this countervailing duty (CVD) Compliance.
changed circumstances review not later investigations of imports of certain hot- [FR Doc. 2015–26775 Filed 10–20–15; 8:45 am]
than 270 days after the date on which rolled steel flat products (hot-rolled BILLING CODE 3510–DS–P
the review was initiated. steel) from Brazil, the Republic of Korea
Notification to Parties (Korea), and Turkey.1 The notice of
initiation stated that, in accordance with DEPARTMENT OF COMMERCE
The Department is issuing and section 703(b)(1) of the Tariff Act of
publishing these results in accordance 1930, as amended (the Act), and 19 CFR International Trade Adminstration
with sections 751(b)(1) and 777(i) of the 351.205(b)(1), we would issue our [C–570–019]
Act and 19 CFR 351.216 and preliminary determinations no later
351.221(c)(3)(i). than 65 days after the date of initiation, Boltless Steel Shelving Units
Dated: October 15, 2015. unless postponed. Currently, the Prepackaged for Sale From the
Paul Piquado, preliminary determinations in these People’s Republic of China: Amended
investigations are due no later than Final Affirmative Countervailing Duty
Assistant Secretary for Enforcement and
Compliance. November 4, 2015. Determination and Countervailing Duty
Order
Appendix Postponement of Preliminary
Determinations AGENCY: Enforcement and Compliance,
List of Topics Discussed in the Preliminary International Trade Administration,
Decision Memorandum Section 703(c)(1)(B) of the Act permits
Department of Commerce.
I. Summary
the Department to postpone the time SUMMARY: Based on affirmative final
II. Background limit for the preliminary determination determinations by the Department of
III. Scope of the Order if it concludes that the parties Commerce (the ‘‘Department’’) and the
IV. Preliminary Results of the Changed concerned are cooperating and International Trade Commission
Circumstances Review determines that the case is (‘‘ITC’’), the Department is issuing a
Discussion of Methodology extraordinarily complicated by reason of countervailing duty (‘‘CVD’’) order on
Successor-in-Interest Analysis the number and complexity of the
1. Ownership and Management boltless steel shelving units
transactions to be investigated or prepackaged for sale (‘‘boltless steel
2. Production Facilities adjustments to be considered, the
3. Supplier Relationships shelving’’) from the People’s Republic of
novelty of the issues presented, or the China (the ‘‘PRC’’). Also, as explained in
4. Customer Base
V. Summary of Preliminary Findings
number of firms whose activities must this notice, we are amending our Final
VI. Recommendation be investigated, and additional time is Determination 1 to correct a ministerial
necessary to make the preliminary error with respect to the CVD rate
[FR Doc. 2015–26762 Filed 10–20–15; 8:45 am]
determination. Under this section of the
tkelley on DSK3SPTVN1PROD with NOTICES
BILLING CODE 3510–DS–P applied to companies that did not
Act, the Department may postpone the
preliminary determination until no later 1 See Boltless Steel Shelving Units Prepackaged
14 See 19 CFR 351.303(b).
15 Id.
for Sale from the People’s Republic of China: Final
1 See Certain Hot-Rolled Steel Flat Products From Affirmative Countervailing Duty Determination, 80
16 See 19 CFR 351.310(c). Brazil, the Republic of Korea, and Turkey: Initiation FR 51775 (August 26, 2015) (‘‘Final
17 Id.
of Countervailing Duty Investigations, 80 FR 54267 Determination’’) and accompanying Issues and
18 See 19 CFR 351.310(d). (September 9, 2015). Decision Memorandum (‘‘I&D Memo’’).
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Document Created: 2018-02-27 08:54:22
Document Modified: 2018-02-27 08:54:22
| 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: October 21, 2015. | |
| Contact | Erin Kearney, 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. | |
| FR Citation | 80 FR 63743 |
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