80 FR 8596 - Certain Crystalline Silicon Photovoltaic Products From Taiwan: Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 32 (February 18, 2015)

Page Range		8596-8597
FR Document		2015-03179

Based on affirmative final determinations by the Department of Commerce (the ``Department'') and the International Trade Commission (the ``ITC''), the Department is issuing an antidumping duty (``AD'') order on certain crystalline silicon photovoltaic products (``certain solar products'') from Taiwan.

Federal Register, Volume 80 Issue 32 (Wednesday, February 18, 2015)

[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8596-8597]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03179]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-853]


Certain Crystalline Silicon Photovoltaic Products From Taiwan: 
Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(the ``ITC''), the Department is issuing an antidumping duty (``AD'') 
order on certain crystalline silicon photovoltaic products (``certain 
solar products'') from Taiwan.

DATES: Effective Date: February 18, 2015.

FOR FURTHER INFORMATION CONTACT: Charles Riggle or Magd Zalok AD/CVD 
Operations, Enforcement and Compliance, U.S. Department of Commerce, 
14th Street and Constitution Avenue NW., Washington, DC 20230; 
telephone: (202) 482-0650 or (202) 482-4162.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the ``Act'') and 19 CFR 351.210(c), on December 
23, 2014, the Department published an affirmative final determination 
of sales at less than fair value (``LTFV'') in the investigation of 
certain solar products from Taiwan.\1\ On February 5, 2015, the ITC 
notified the Department of its affirmative determinations that an 
industry in the United States is materially injured within the meaning 
of section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of 
certain solar products from the People's Republic of China and 
Taiwan.\2\
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    \1\ See Certain Crystalline Silicon Photovoltaic Products: Final 
Determination of Sales at Less Than Fair Value, 79 FR 76966 
(December 23, 2014).
    \2\ See ITC Notification letter to the Deputy Assistant 
Secretary for Enforcement and Compliance referencing ITC 
Investigation Nos. 701-TA-511 and 731-TA-1246-1247 (Final).
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Scope of the Order

    The merchandise covered by this order is crystalline silicon 
photovoltaic cells, and modules, laminates and/or panels consisting of 
crystalline silicon photovoltaic cells, whether or not partially or 
fully assembled into other products, including building integrated 
materials.
    Subject merchandise includes crystalline silicon photovoltaic cells 
of thickness equal to or greater than 20 micrometers, having a p/n 
junction formed by any means, whether or not the cell has undergone 
other processing, including, but not limited to, cleaning, etching, 
coating, and/or addition of materials (including, but not limited to, 
metallization and conductor patterns) to collect and forward the 
electricity that is generated by the cell.
    Modules, laminates, and panels produced in a third-country from 
cells produced in Taiwan are covered by this investigation. However, 
modules, laminates, and panels produced in Taiwan from cells produced 
in a third-country are not covered by this investigation.
    Excluded from the scope of this investigation are thin film 
photovoltaic products produced from amorphous silicon (a-Si), cadmium 
telluride (CdTe), or copper indium gallium selenide (CIGS). Also 
excluded from the scope of this investigation are crystalline silicon 
photovoltaic cells, not exceeding 10,000 mm\2\ in surface area, that 
are permanently integrated into a consumer good whose function is other 
than power generation and that consumes the electricity generated by 
the integrated crystalline silicon photovoltaic cells. Where more than 
one cell is permanently integrated into a consumer good, the surface 
area for purposes of this exclusion shall be the total combined surface 
area of all cells that are integrated into the consumer good.
    Further, also excluded from the scope of this investigation are any 
products covered by the existing antidumping and countervailing duty 
orders on crystalline silicon photovoltaic cells, whether or not 
assembled into modules, from the People's Republic of China 
(``PRC'').\3\ Also excluded from the scope of this investigation are 
modules, laminates, and panels produced in the PRC from crystalline 
silicon photovoltaic cells produced in Taiwan that are covered by an 
existing proceeding on such modules, laminates, and panels from the 
PRC.
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    \3\ 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); Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, 
From the People's Republic of China: Countervailing Duty Order, 77 
FR 73017 (December 7, 2012).
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    Merchandise covered by this investigation is currently classified 
in the Harmonized Tariff Schedule of the United States (``HTSUS'') 
under subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 
8507.20.8060, 8507.20.8090, 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 
investigation is dispositive.

Antidumping Duty Order

    As stated above, on February 5, 2015, in accordance with section 
735(d) of the Act, the ITC notified the Department of its final 
determination in its investigation, in which it found that an industry 
in the United States is materially injured by reason of imports of 
certain solar products from Taiwan. Because the ITC determined that 
imports of certain solar products from

[[Page 8597]]

Taiwan are materially injuring a U.S. industry, unliquidated entries of 
such merchandise from Taiwan, entered or withdrawn from warehouse, for 
consumption are subject to the assessment of antidumping duties.
    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (``CBP'') to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise, for all relevant entries of certain solar products from 
Taiwan. These antidumping duties will be assessed on unliquidated 
entries of certain solar products from Taiwan entered, or withdrawn 
from warehouse, for consumption on or after July 31, 2014, the date of 
publication of the preliminary determination,\4\ and which are subject 
to the scope of this Order, as described above. However, antidumping 
duties will not be assessed on entries occurring after the expiration 
of the provisional measures period and before publication of the ITC's 
final injury determination as further described below.
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    \4\ See Certain Crystalline Silicon Photovoltaic Products From 
Taiwan: Affirmative Preliminary Determination of Sales at Less Than 
Fair Value and Postponement of Final Determination, 79 FR 44395 
(July 31, 2014) (``Taiwan Prelim Determination'').
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on all entries of 
certain solar products from Taiwan. These instructions suspending 
liquidation will remain in effect until further notice.
    We will also instruct CBP to require cash deposits at rates equal 
to the estimated weighted-average dumping margins indicated below. 
Accordingly, effective on the date of publication of the ITC's final 
affirmative injury determinations, CBP will require a cash deposit at 
rates equal to the estimated weighted-average dumping margins listed 
below.\5\ The relevant all-others rate for Taiwan, applies to all 
producers or exporters not specifically listed.
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    \5\ See section 736(a)(3) of the Act.
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of certain solar products from Taiwan, we extended the four-
month period to no more than six months in this case.\6\ As stated 
above, in the investigation covering certain solar products from 
Taiwan, the Department published the preliminary determination on July 
31, 2014. Therefore, the six-month period beginning on the date of 
publication of the preliminary determination ended on January 27, 2015. 
Furthermore, section 737(b) of the Act states that definitive duties 
are to begin on the date of publication of the ITC's final injury 
determination.
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    \6\ See Taiwan Prelim Determination, 79 FR at 44396.
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    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of certain solar products from Taiwan, entered, or 
withdrawn from warehouse, for consumption on or after January 27, 2015, 
the date the provisional measures expired, until and through the day 
preceding the date of publication of the ITC's final injury 
determination in the Federal Register. Suspension of liquidation 
resumes on the date of publication of the ITC's final determination in 
the Federal Register.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

                                 Taiwan
------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                  Exporter or producer                        average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Gintech Energy Corporation..............................           27.55
Motech Industries, Inc..................................           11.45
All Others..............................................           19.50
------------------------------------------------------------------------

Notifications to Interested Parties

    This notice constitutes the AD order with respect to certain solar 
products from Taiwan pursuant to section 736(a) of the Act. Interested 
parties can find a list of AD orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    This order is published in accordance with sections 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: February 10, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-03179 Filed 2-17-15; 8:45 am]
BILLING CODE 3510-DS-P

8596 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices

to require cash deposits equal to the products (‘‘certain solar products’’) from Excluded from the scope of this
amounts indicated below. These Taiwan. investigation are thin film photovoltaic
instructions suspending liquidation will DATES: Effective Date: February 18, products produced from amorphous
remain in effect until further notice. 2015. silicon (a-Si), cadmium telluride (CdTe),
Accordingly, effective on the date of or copper indium gallium selenide
FOR FURTHER INFORMATION CONTACT:
publication of the ITC’s final affirmative (CIGS). Also excluded from the scope of
Charles Riggle or Magd Zalok AD/CVD
injury determination, CBP will require, this investigation are crystalline silicon
Operations, Enforcement and
at the same time as importers would photovoltaic cells, not exceeding 10,000
Compliance, U.S. Department of
normally deposit estimated duties on mm2 in surface area, that are
Commerce, 14th Street and Constitution
this subject merchandise, cash deposits permanently integrated into a consumer
Avenue NW., Washington, DC 20230;
equal to the amounts indicated below: 19 good whose function is other than
telephone: (202) 482–0650 or (202) 482–
power generation and that consumes the
4162.
Subsidy rate electricity generated by the integrated
Company (percent) (ad SUPPLEMENTARY INFORMATION:
crystalline silicon photovoltaic cells.
valorem) Where more than one cell is
Background
Wuxi Suntech Power Co., In accordance with sections 735(d) permanently integrated into a consumer
Ltd .....................................27.64 and 777(i)(1) of the Tariff Act of 1930, good, the surface area for purposes of
Changzhou Trina Solar En- as amended (the ‘‘Act’’) and 19 CFR this exclusion shall be the total
ergy Co., Ltd ..................... 49.21 351.210(c), on December 23, 2014, the combined surface area of all cells that
All Others .............................. 38.43
Department published an affirmative are integrated into the consumer good.
Further, also excluded from the scope
final determination of sales at less than
Notifications to Interested Parties of this investigation are any products
fair value (‘‘LTFV’’) in the investigation
covered by the existing antidumping
This notice constitutes the of certain solar products from Taiwan.1
and countervailing duty orders on
antidumping duty and countervailing On February 5, 2015, the ITC notified
crystalline silicon photovoltaic cells,
duty orders with respect to certain solar the Department of its affirmative whether or not assembled into modules,
products from the PRC pursuant to determinations that an industry in the
from the People’s Republic of China
sections 736(a) and 706(a) of the Act. United States is materially injured
(‘‘PRC’’).3 Also excluded from the scope
Interested parties can find an updated within the meaning of section
of this investigation are modules,
list of orders currently in effect by either 735(b)(1)(A)(i) of the Act by reason of laminates, and panels produced in the
visiting http://enforcement.trade.gov/ LTFV imports of certain solar products
PRC from crystalline silicon
stats/iastats1.html or by contacting the from the People’s Republic of China and
photovoltaic cells produced in Taiwan
Department’s Central Records Unit, Taiwan.2
that are covered by an existing
Room 7046 of the main Commerce Scope of the Order proceeding on such modules, laminates,
Building. and panels from the PRC.
These orders and the amended CVD The merchandise covered by this
order is crystalline silicon photovoltaic Merchandise covered by this
Final Determination are published in investigation is currently classified in
accordance with sections 705(e), 706(a), cells, and modules, laminates and/or the Harmonized Tariff Schedule of the
736(a), and 777(i) of the Act, and 19 panels consisting of crystalline silicon
photovoltaic cells, whether or not United States (‘‘HTSUS’’) under
CFR 351.211(b) and 351.224(e). subheadings 8501.61.0000,
partially or fully assembled into other
Dated: February 10, 2015. products, including building integrated 8507.20.8030, 8507.20.8040,
Paul Piquado, materials. 8507.20.8060, 8507.20.8090,
Assistant Secretary for Enforcement and Subject merchandise includes 8541.40.6020, 8541.40.6030 and
Compliance. crystalline silicon photovoltaic cells of 8501.31.8000. These HTSUS
[FR Doc. 2015–03183 Filed 2–17–15; 8:45 am] thickness equal to or greater than 20 subheadings are provided for
BILLING CODE 3510–DS–P micrometers, having a p/n junction convenience and customs purposes; the
formed by any means, whether or not written description of the scope of this
the cell has undergone other processing, investigation is dispositive.
DEPARTMENT OF COMMERCE including, but not limited to, cleaning, Antidumping Duty Order
etching, coating, and/or addition of
International Trade Administration As stated above, on February 5, 2015,
materials (including, but not limited to,
in accordance with section 735(d) of the
[A–583–853] metallization and conductor patterns) to
Act, the ITC notified the Department of
collect and forward the electricity that
its final determination in its
Certain Crystalline Silicon Photovoltaic is generated by the cell.
Modules, laminates, and panels investigation, in which it found that an
Products From Taiwan: Antidumping
produced in a third-country from cells industry in the United States is
Duty Order
produced in Taiwan are covered by this materially injured by reason of imports
AGENCY: Enforcement and Compliance, investigation. However, modules, of certain solar products from Taiwan.
International Trade Administration, laminates, and panels produced in Because the ITC determined that
Department of Commerce. Taiwan from cells produced in a third- imports of certain solar products from
SUMMARY: Based on affirmative final country are not covered by this
emcdonald on DSK67QTVN1PROD with NOTICES

3 See Crystalline Silicon Photovoltaic Cells,
determinations by the Department of investigation. Whether or Not Assembled Into Modules, From the
Commerce (the ‘‘Department’’) and the People’s Republic of China: Amended Final
International Trade Commission (the 1 See Certain Crystalline Silicon Photovoltaic Determination of Sales at Less Than Fair Value,
‘‘ITC’’), the Department is issuing an Products: Final Determination of Sales at Less Than and Antidumping Duty Order, 77 FR 73018
antidumping duty (‘‘AD’’) order on Fair Value, 79 FR 76966 (December 23, 2014). (December 7, 2012); Crystalline Silicon Photovoltaic
2 See ITC Notification letter to the Deputy Cells, Whether or Not Assembled Into Modules,
certain crystalline silicon photovoltaic Assistant Secretary for Enforcement and From the People’s Republic of China:
Compliance referencing ITC Investigation Nos. 701– Countervailing Duty Order, 77 FR 73017 (December
19 See section 706(a)(3) of the Act. TA–511 and 731–TA–1246–1247 (Final). 7, 2012).

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Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 8597

Taiwan are materially injuring a U.S. request the Department to extend that Dated: February 10, 2015.
industry, unliquidated entries of such four-month period to no more than six Paul Piquado,
merchandise from Taiwan, entered or months. At the request of exporters that Assistant Secretary for Enforcement and
withdrawn from warehouse, for account for a significant proportion of Compliance.
consumption are subject to the certain solar products from Taiwan, we [FR Doc. 2015–03179 Filed 2–17–15; 8:45 am]
assessment of antidumping duties. extended the four-month period to no BILLING CODE 3510–DS–P
Therefore, in accordance with section more than six months in this case.6 As
736(a)(1) of the Act, the Department will stated above, in the investigation
direct U.S. Customs and Border covering certain solar products from DEPARTMENT OF COMMERCE
Protection (‘‘CBP’’) to assess, upon Taiwan, the Department published the
further instruction by the Department, preliminary determination on July 31, International Trade Administration
antidumping duties equal to the amount 2014. Therefore, the six-month period
by which the normal value of the beginning on the date of publication of [C–570–980]
merchandise exceeds the export price the preliminary determination ended on
(or constructed export price) of the January 27, 2015. Furthermore, section Crystalline Silicon Photovoltaic Cells,
merchandise, for all relevant entries of 737(b) of the Act states that definitive Whether or Not Assembled Into
certain solar products from Taiwan. duties are to begin on the date of Modules, from the People’s Republic
These antidumping duties will be publication of the ITC’s final injury of China: Notice of Correction to
assessed on unliquidated entries of determination. Preliminary Results of Countervailing
certain solar products from Taiwan Therefore, in accordance with section Duty Administrative Review; 2012 and
entered, or withdrawn from warehouse, 733(d) of the Act and our practice, we Partial Rescission of Countervailing
for consumption on or after July 31, will instruct CBP to terminate the Duty Administrative Review
2014, the date of publication of the suspension of liquidation and to
preliminary determination,4 and which liquidate, without regard to AGENCY: Enforcement and Compliance,
are subject to the scope of this Order, as antidumping duties, unliquidated International Trade Administration,
described above. However, antidumping entries of certain solar products from Department of Commerce.
duties will not be assessed on entries Taiwan, entered, or withdrawn from DATES: Effective Date: February 18,
occurring after the expiration of the 2015.
warehouse, for consumption on or after
provisional measures period and before
January 27, 2015, the date the
publication of the ITC’s final injury FOR FURTHER INFORMATION CONTACT:
provisional measures expired, until and
determination as further described Andrew Huston, Office VII, AD/CVD
through the day preceding the date of
below. Operations, Enforcement and
publication of the ITC’s final injury
Continuation of Suspension of determination in the Federal Register. Compliance, International Trade
Liquidation Suspension of liquidation resumes on Administration, U.S. Department of
the date of publication of the ITC’s final Commerce, 14th Street and Constitution
In accordance with section Avenue NW., Washington, DC 20230;
735(c)(1)(B) of the Act, we will instruct determination in the Federal Register.
telephone: (202) 482–4261.
CBP to continue to suspend liquidation Estimated Weighted-Average Dumping
on all entries of certain solar products SUPPLEMENTARY INFORMATION:
Margins
from Taiwan. These instructions On January 8, 2015, the Department of
suspending liquidation will remain in The estimated weighted-average Commerce published in the Federal
effect until further notice. dumping margins are as follows: Register its notice of preliminary results
We will also instruct CBP to require and partial rescission for the
cash deposits at rates equal to the TAIWAN countervailing duty administrative
estimated weighted-average dumping review of crystalline silicon
margins indicated below. Accordingly, Estimated photovoltaic cells, whether or not
weighted-
effective on the date of publication of average assembled into modules, from the
the ITC’s final affirmative injury Exporter or producer People’s Republic of China for the
dumping
determinations, CBP will require a cash margin period of review March 26, 2012,
deposit at rates equal to the estimated (percent) through December 31, 2012.1
weighted-average dumping margins Appendices to this notice, which listed
Gintech Energy Corporation 27.55
listed below.5 The relevant all-others Motech Industries, Inc. ......... 11.45 companies for which the administrative
rate for Taiwan, applies to all producers All Others .............................. 19.50 review was rescinded and companies
or exporters not specifically listed. for which the administrative review
Notifications to Interested Parties would continue, inadvertently
Provisional Measures
contained certain errors and omissions.
Section 733(d) of the Act states that This notice constitutes the AD order Corrected versions of Appendix II,
instructions issued pursuant to an with respect to certain solar products listing companies for which the review
affirmative preliminary determination from Taiwan pursuant to section 736(a) has been rescinded, and Appendix III,
may not remain in effect for more than of the Act. Interested parties can find a listing companies for which the review
four months except where exporters list of AD orders currently in effect at will continue, not selected for
emcdonald on DSK67QTVN1PROD with NOTICES

representing a significant proportion of http://enforcement.trade.gov/stats/ individual review, are attached to this
exports of the subject merchandise iastats1.html.
This order is published in accordance 1 See Crystalline Silicon Photovoltaic Cells,
4 See Certain Crystalline Silicon Photovoltaic
with sections 736(a) of the Act and 19 Whether or Not Assembled Into Modules, from the
Products From Taiwan: Affirmative Preliminary People’s Republic of China: Preliminary Results of
Determination of Sales at Less Than Fair Value and
CFR 351.211(b).
Countervailing Duty Administrative Review; 2012;
Postponement of Final Determination, 79 FR 44395 and Partial Rescission of Countervailing Duty
(July 31, 2014) (‘‘Taiwan Prelim Determination’’). 6 See Taiwan Prelim Determination, 79 FR at Administrative Review, 80 FR 1019 (January 8,
5 See section 736(a)(3) of the Act. 44396. 2015) (Preliminary Results).

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Document Created: 2018-02-16 11:10:11
Document Modified: 2018-02-16 11:10:11

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: February 18, 2015.
Contact		Charles Riggle or Magd Zalok AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0650 or (202) 482-4162.
FR Citation		80 FR 8596

80 FR 8596 - Certain Crystalline Silicon Photovoltaic Products From Taiwan: Antidumping Duty Order

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 80, Issue 32 (February 18, 2015)

DEPARTMENT OF COMMERCE
International Trade Administration