81_FR_47042 81 FR 46904 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2013

81 FR 46904 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2013

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 138 (July 19, 2016)

Page Range46904-46906
FR Document2016-17064

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 January 1, 2013, through December 31, 2013. On January 8, 2016, we published the preliminary results of this review.\1\ ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 138 (Tuesday, July 19, 2016)
[Federal Register Volume 81, Number 138 (Tuesday, July 19, 2016)]
[Notices]
[Pages 46904-46906]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17064]


-----------------------------------------------------------------------

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; 2013

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 January 1, 2013, through 
December 31, 2013. On January 8, 2016, we published the preliminary 
results of this review.\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; 
2013; and Partial Rescission of Countervailing Duty Administrative 
Review, 81 FR 908 (January 8, 2016) (Preliminary Results).
---------------------------------------------------------------------------

    We provided interested parties with an opportunity to comment on 
the Preliminary Results. Our analysis of the comments submitted 
resulted in a change to the net subsidy rates for respondent JA Solar 
Technology Yangzhou Co., Ltd. and its crossed-owned companies 
(collectively, JA Solar). 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 and, 
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 JA Solar, Changzhou Trina Solar Energy Co., Ltd. (Trina), 
and Wuxi Suntech Power Co., Ltd. (Suntech).\2\
---------------------------------------------------------------------------

    \2\ For a list of the rescinded companies, see Preliminary 
Results at Appendix II.

---------------------------------------------------------------------------
DATES: Effective Date: July 19, 2016.

FOR FURTHER INFORMATION CONTACT: David Lindgren, 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-
3870.

SUPPLEMENTARY INFORMATION: 

Background

    Following the Preliminary Results, the Department conducted 
verification of the questionnaire responses submitted by the Government 
of the PRC (the GOC) and JA Solar from March 7 to 18, 2016. The 
verification reports were released on May 6, 2016.\3\ We received case 
briefs from interested parties on May 18, 2016.\4\ On May 31, 2016,

[[Page 46905]]

interested parties submitted their rebuttal briefs.\5\ No hearing was 
held in this case as the only hearing requests were withdrawn.\6\
---------------------------------------------------------------------------

    \3\ See Department Memoranda, ``Countervailing Duty 
Administrative Review of Certain Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled Into Modules, from the People's 
Republic of China: Verification of the Questionnaire Responses 
Submitted by the Government of China,'' and ``Verification of the 
Questionnaire Responses Submitted by JA Solar Technology Yangzhou 
Co., Ltd. and its cross-owned companies: Countervailing Duty Second 
Administrative Review of Certain Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled Into Modules from the People's 
Republic of China,'' both dated May 6, 2016.
    \4\ See Letter to the Secretary from the GOC, ``GOC 
Administrative Case Brief: Second 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),'' and Letter to the Secretary from JA Solar, 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules from the People's Republic of China: Case Brief,'' both 
dated May 18, 2016; see also Letter to the Secretary from SolarWorld 
Americas, Inc. (Petitioner), ``Certain Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules, from the 
People's Republic of China: Resubmission of SolarWorld Americas, 
Inc.'s Case Brief,'' May 24, 2016.
    \5\ See Letter to the Secretary from Petitioner, ``Certain 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules, from the People's Republic of China: Rebuttal Brief of 
SolarWorld Americas, Inc.,'' (May 31, 2016); see also Letter from 
the GOC, ``GOC Rebuttal Brief: Second 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 31, 2016); Letter from JA Solar, 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, from the People's Republic of China: Rebuttal Brief,'' 
(May 31, 2016).
    \6\ See Letter to the Secretary from JA Solar, ``Crystalline 
Silicon Photovoltaic Cells, Whether Or Not Assembled into Modules, 
From the People's Republic of China: Withdrawal of Hearing 
Request,'' (June 2, 2016); see also Letter to the Secretary from 
Petitioner, ``Certain Crystalline Silicon Photovoltaic Cells, 
Whether Or Not Assembled into Modules, from the People's Republic of 
China: Withdrawal of Request for Hearing,'' (June 7, 2016).
---------------------------------------------------------------------------

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 Issues and 
Decision Memorandum, which is hereby adopted by this notice.\7\
---------------------------------------------------------------------------

    \7\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Issues and Decision Memorandum for the Final Results 
of the Countervailing Duty Administrative Review of Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, 
from the People's Republic of China; 2013,'' dated concurrently with 
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues in the case briefs are addressed in the Issues and 
Decision Memorandum. A list of the issues raised is attached to this 
notice as Appendix I. The Issues and 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 https://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 on the 
internet at http://www.trade.gov/enforcement/. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
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.\8\ For a full description of the methodology underlying our 
conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \8\ 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 did not act to the best of its ability in 
responding to the Department's requests for information, we drew an 
adverse inference in selecting from among the facts otherwise 
available.\9\ For further information, see the section, ``Use of Facts 
Otherwise Available and Adverse Inferences,'' in the Issues and 
Decision Memorandum.
---------------------------------------------------------------------------

    \9\ 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 19.20 percent ad valorem for JA Solar. 
Because the only individually calculated rate in the instant review is 
not zero, de minimis, or based entirely on facts otherwise available, 
the Department has assigned this rate, calculated for JA Solar, to 
Trina and Suntech, companies that are subject to this review but were 
not selected for individual examination in this review.

------------------------------------------------------------------------
                                                                Subsidy
                           Company                                rate
                                                               (percent)
------------------------------------------------------------------------
JA Solar Technology Yangzhou Co., Ltd. and its cross-owned         19.20
 affiliates \10\.............................................
Changzhou Trina Solar Energy Co., Ltd........................      19.20
Wuxi Suntech Power Co., Ltd..................................      19.20
------------------------------------------------------------------------

Disclosure
---------------------------------------------------------------------------

    \10\ Cross-owned affiliates are: Donghai JA Solar Technology 
Co., Ltd.; Hebei Ningjin Songgong Semiconductor Co., Ltd.; Hebei 
Ningtong Electronic Materials Co., Ltd.; Hebei Yujing Electronic 
Science and Technology Co., Ltd.; Hefei JA Solar Technology Co., 
Ltd.; JA (Hefei) Renewable Energy Co., Ltd.; JA Solar Technology 
Yangzhou Co., Ltd.; Jing Hai Yang Semiconductor Material (Donghai) 
Co., Ltd.; JingAo Solar Co., Ltd.; JingLong Industry and Commerce 
Group Co., Ltd.; Jingwei Electronic Material Co., Ltd.; Ningjin 
Changlong Electronic Materials Manufacturing Co.; Ningjin County 
Jingyuan New Energy Investment Co., Ltd.; Ningjin Guiguang 
Electronic Investment Co., Ltd.; Ningjin Jingfeng Electronic 
Materials Co., Ltd.; Ningjin Saimei Ganglong Electronic Materials 
Co., Ltd.; Ningjin Songgong Electronic Materials Co., Ltd.; Ningjing 
Sunshine New Energy Co., Ltd.; Ninjing Jingxing Electronic Materials 
Co., Ltd.; Shanghai JA Solar Technology Co., Ltd.; Solar Silicon 
Valley Electronic Science and Technology Co., Ltd.; Xingtai Jinglong 
Electronic Materials Co., Ltd.; and, Yangguang Guifeng Electronic 
Technology Co., Ltd.
---------------------------------------------------------------------------

    In accordance with 19 CFR 351.224(b), we will disclose the 
calculations performed within five days of the publication of this 
notice in the Federal Register.

Assessment Rates

    In accordance with 19 CFR 351.212(b)(2), 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 JA 
Solar, Trina and Suntech entered, or withdrawn from warehouse, for 
consumption on or after January 1, 2013, through December 31, 2013, at 
the percent rates, as listed above for each of the respective 
companies, of the entered value.

Cash Deposit Instructions

    The Department also intends to instruct CBP to collect cash 
deposits of estimated CVDs in the amount shown above for shipments of 
subject merchandise by JA Solar, Trina and Suntech entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this review.
    For non-reviewed firms, 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. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.

[[Page 46906]]

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 12, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Period of Review
III. Scope of the Order
IV. Subsidies Valuation Information
V. Benchmarks and Discount Rates
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Final Results of Review
IX. Analysis of Comments
    Comment 1: Usage of Export Buyer's Credit Program
    Comment 2: Selection of AFA Rate for Export Buyer's Credit 
Program
    Comment 3: Specificity of Aluminum Extrusion for LTAR Program
    Comment 4: Polysilicon Market Distortions
    Comment 5: Polysilicon Benchmark
    Comment 6: Solar Glass Benchmark
    Comment 7: Ocean Freight Benchmark
    Comment 8: Inclusion of VAT in LTAR Benchmarks
    Comment 9: Electricity Benchmarks
    Comment 10: Electricity Benefit Calculation
    Comment 11: Application of Uncreditworthy Discount Rates to 
Variable Loans
    Comment 12: Application of Uncreditworthy Discount Rates to 
Imported Equipment Purchases
    Comment 13: Minor Corrections
X. Recommendation

[FR Doc. 2016-17064 Filed 7-18-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  46904                           Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Notices

                                                  Comment 9: Treatment of Three Respondents                a. Electronic Submissions                                We provided interested parties with
                                                    as Separate Rate Applicants                                                                                  an opportunity to comment on the
                                                  Comment 10: Treatment of Fusong Jinlong                    Submit statements electronically to
                                                                                                           Archana Sahgal, Executive Secretary,                  Preliminary Results. Our analysis of the
                                                    Group as a Single Entity                                                                                     comments submitted resulted in a
                                                  Comment 11: Correction of Baishan                        United States Manufacturing Council
                                                    Huafeng’s Name                                         via email: Archana.Sahgal@trade.gov.                  change to the net subsidy rates for
                                                  Recommendation                                                                                                 respondent JA Solar Technology
                                                  Table of Shortened Citations                             b. Paper Submissions                                  Yangzhou Co., Ltd. and its crossed-
                                                  Litigation Cite Table                                       Send paper statements to Archana                   owned companies (collectively, JA
                                                  [FR Doc. 2016–17049 Filed 7–18–16; 8:45 am]              Sahgal, Executive Secretary, United                   Solar). The final net subsidy rates are
                                                  BILLING CODE 3510–DS–P                                   States Manufacturing Council, Room                    listed below in the section entitled,
                                                                                                           4043, 1401 Constitution Avenue NW.,                   ‘‘Final Results of the Review.’’
                                                                                                           Washington, DC 20230. Statements will                    Withdrawals of certain requests for
                                                  DEPARTMENT OF COMMERCE                                   be posted on the United States                        review were timely filed and, as a result,
                                                                                                           Manufacturing Council website (http://                we rescinded this administrative review
                                                  International Trade Administration                       www.trade.gov/manufacturingcouncil)                   with respect to certain companies,
                                                                                                           without change, including any business                pursuant to 19 CFR 351.213(d)(1), and
                                                  Meeting of the United States                                                                                   proceeded with the review of JA Solar,
                                                                                                           or personal information provided such
                                                  Manufacturing Council                                                                                          Changzhou Trina Solar Energy Co., Ltd.
                                                                                                           as names, addresses, email addresses, or
                                                                                                           telephone numbers. All statements                     (Trina), and Wuxi Suntech Power Co.,
                                                  AGENCY:International Trade                                                                                     Ltd. (Suntech).2
                                                  Administration, U.S. Department of                       received, including attachments and
                                                                                                           other supporting materials, are part of               DATES: Effective Date: July 19, 2016.
                                                  Commerce.
                                                                                                           the public record and subject to public               FOR FURTHER INFORMATION CONTACT:
                                                  ACTION:   Notice of an open meeting.                     disclosure. You should submit only                    David Lindgren, AD/CVD Operations,
                                                                                                           information that you wish to make                     Office VII, Enforcement and
                                                  SUMMARY:   The United States                             publicly available.                                   Compliance, International Trade
                                                  Manufacturing Council (Council) will                        Meeting minutes: Copies of the                     Administration, U.S. Department of
                                                  hold an open meeting via livestream on                   Council’s meeting minutes will be                     Commerce, 14th Street and Constitution
                                                  Wednesday, August 3, 2016. The                           available within ninety (90) days of the              Avenue NW., Washington, DC 20230;
                                                  Council was established in April 2004                    meeting.                                              telephone (202) 482–3870.
                                                  to advise the Secretary of Commerce on                                                                         SUPPLEMENTARY INFORMATION:
                                                  matters relating to the U.S.                               Dated: July13, 2016.
                                                  manufacturing industry. The purpose of                   Archana Sahgal,                                       Background
                                                  the meeting is for Council members to                    Executive Secretary, U.S. Manufacturing
                                                                                                                                                                   Following the Preliminary Results, the
                                                  review and deliberate a letter that                      Council.
                                                                                                                                                                 Department conducted verification of
                                                  summarizes the Council’s                                 [FR Doc. 2016–17046 Filed 7–18–16; 8:45 am]
                                                                                                                                                                 the questionnaire responses submitted
                                                  recommendations and provides advice                      BILLING CODE 3510–DR–P
                                                                                                                                                                 by the Government of the PRC (the
                                                  to the Secretary on the future of the                                                                          GOC) and JA Solar from March 7 to 18,
                                                  Manufacturing Council. The final                                                                               2016. The verification reports were
                                                  agenda will be posted on the                             DEPARTMENT OF COMMERCE
                                                                                                                                                                 released on May 6, 2016.3 We received
                                                  Department of Commerce Web site for                                                                            case briefs from interested parties on
                                                                                                           International Trade Administration
                                                  the Council at http://www.trade.gov/                                                                           May 18, 2016.4 On May 31, 2016,
                                                  manufacturingcouncil/, at least one                      [C–570–980]
                                                  week in advance of the meeting.                                                                                Countervailing Duty Administrative Review; 2013;
                                                                                                           Crystalline Silicon Photovoltaic Cells,               and Partial Rescission of Countervailing Duty
                                                  DATES:Wednesday, August 3, 2016, 9:00                                                                          Administrative Review, 81 FR 908 (January 8, 2016)
                                                                                                           Whether or Not Assembled Into
                                                  a.m.–12:00 p.m.                                                                                                (Preliminary Results).
                                                                                                           Modules, From the People’s Republic                     2 For a list of the rescinded companies, see
                                                  ADDRESSES:   The United States                           of China: Final Results of                            Preliminary Results at Appendix II.
                                                  Manufacturing Council meeting will be                    Countervailing Duty Administrative                      3 See Department Memoranda, ‘‘Countervailing
                                                  broadcast via live webcast on the                        Review; 2013                                          Duty Administrative Review of Certain Crystalline
                                                  Internet at http://whitehouse.gov/live.                                                                        Silicon Photovoltaic Cells, Whether or Not
                                                                                                           AGENCY:   Enforcement and Compliance,                 Assembled Into Modules, from the People’s
                                                  FOR FURTHER INFORMATION CONTACT:                         International Trade Administration,                   Republic of China: Verification of the Questionnaire
                                                  Archana Sahgal, U.S. Manufacturing                       Department of Commerce.                               Responses Submitted by the Government of China,’’
                                                  Council, Room 4043, 1401 Constitution                                                                          and ‘‘Verification of the Questionnaire Responses
                                                                                                           SUMMARY: The Department of Commerce                   Submitted by JA Solar Technology Yangzhou Co.,
                                                  Avenue NW., Washington, DC 20230,                                                                              Ltd. and its cross-owned companies: Countervailing
                                                                                                           (the Department) has completed its
                                                  telephone: 202–482–4501, email:                                                                                Duty Second Administrative Review of Certain
                                                                                                           administrative review of the
                                                  archana.sahgal@trade.gov.                                                                                      Crystalline Silicon Photovoltaic Cells, Whether or
                                                                                                           countervailing duty (CVD) order on                    Not Assembled Into Modules from the People’s
                                                  SUPPLEMENTARY INFORMATION:                               crystalline silicon photovoltaic cells,               Republic of China,’’ both dated May 6, 2016.
                                                    Background: The Council advises the                    whether or not assembled into modules                   4 See Letter to the Secretary from the GOC, ‘‘GOC

                                                                                                           (solar cells), from the People’s Republic             Administrative Case Brief: Second Administrative
                                                  Secretary of Commerce on matters                                                                               Review of the Countervailing Duty Order on
                                                  relating to the U.S. manufacturing                       of China (the PRC) for the period of                  Crystalline Silicon Photovoltaic Cells, Whether or
mstockstill on DSK3G9T082PROD with NOTICES




                                                  industry.                                                review (POR) covering January 1, 2013,                not Assembled into Modules from the People’s
                                                                                                           through December 31, 2013. On January                 Republic of China (C–570–980),’’ and Letter to the
                                                    Public Participation: The public is                                                                          Secretary from JA Solar, ‘‘Crystalline Silicon
                                                                                                           8, 2016, we published the preliminary
                                                  invited to submit written statements to                                                                        Photovoltaic Cells, Whether or Not Assembled into
                                                                                                           results of this review.1                              Modules from the People’s Republic of China: Case
                                                  the United States Investment Advisory
                                                                                                                                                                 Brief,’’ both dated May 18, 2016; see also Letter to
                                                  Council. Statements must be received by                    1 See Crystalline Silicon Photovoltaic Cells,       the Secretary from SolarWorld Americas, Inc.
                                                  5:00 p.m. EDT June 14, 2016 by either                    Whether or Not Assembled Into Modules, From the       (Petitioner), ‘‘Certain Crystalline Silicon
                                                  of the following methods:                                People’s Republic of China: Preliminary Results of    Photovoltaic Cells, Whether or Not Assembled into



                                             VerDate Sep<11>2014   19:39 Jul 18, 2016   Jkt 238001   PO 00000   Frm 00019   Fmt 4703   Sfmt 4703   E:\FR\FM\19JYN1.SGM   19JYN1


                                                                                  Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Notices                                                                      46905

                                                  interested parties submitted their                       Countervailing Duty Centralized                                                                                     Subsidy
                                                  rebuttal briefs.5 No hearing was held in                 Electronic Service System (ACCESS).                                              Company                             rate
                                                  this case as the only hearing requests                   ACCESS is available to registered users                                                                            (percent)
                                                  were withdrawn.6                                         at https://access.trade.gov and in the
                                                                                                                                                                           Changzhou Trina Solar Energy
                                                                                                           Central Records Unit, Room B8024 of
                                                  Scope of the Order                                                                                                         Co., Ltd .....................................      19.20
                                                                                                           the main Department of Commerce                                 Wuxi Suntech Power Co., Ltd ......                    19.20
                                                    The merchandise covered by this                        building. In addition, a complete
                                                  order is crystalline silicon photovoltaic                version of the Issues and Decision
                                                  cells, and modules, laminates, and                                                                                       Disclosure
                                                                                                           Memorandum can be accessed directly
                                                  panels, consisting of crystalline silicon                on the internet at http://www.trade.gov/                          In accordance with 19 CFR
                                                  photovoltaic cells, whether or not                       enforcement/. The signed Issues and                             351.224(b), we will disclose the
                                                  partially or fully assembled into other                  Decision Memorandum and the                                     calculations performed within five days
                                                  products, including, but not limited to,                 electronic version of the Issues and                            of the publication of this notice in the
                                                  modules, laminates, panels and building                  Decision Memorandum are identical in                            Federal Register.
                                                  integrated materials. The product is                     content.
                                                  currently classified under the                                                                                           Assessment Rates
                                                  Harmonized Tariff Schedule of the                        Methodology                                                        In accordance with 19 CFR
                                                  United States (HTSUS) item numbers                          The Department conducted this                                351.212(b)(2), the Department intends to
                                                  8501.61.0000, 8507.20.80, 8541.40.6020,                  review in accordance with section                               issue appropriate assessment
                                                  8541.40.6030, and 8501.31.8000. These                    751(a)(1)(A) of the Tariff Act of 1930, as                      instructions directly to U.S. Customs
                                                  HTSUS subheadings are provided for                       amended (the Act). For each of the                              and Border Protection (CBP) 15 days
                                                  convenience and customs purposes; the                    subsidy programs found                                          after the date of publication of these
                                                  written description of the scope of this                 countervailable, we determine that there                        final results, to liquidate shipments of
                                                  order is dispositive. A full description                 is a subsidy, i.e., a financial                                 subject merchandise by JA Solar, Trina
                                                  of the scope of the order is contained in                contribution from an ‘‘authority’’ that                         and Suntech entered, or withdrawn
                                                  the Issues and Decision Memorandum,                      confers a benefit to the recipient, and                         from warehouse, for consumption on or
                                                  which is hereby adopted by this notice.7                 that the subsidy is specific.8 For a full                       after January 1, 2013, through December
                                                  Analysis of Comments Received                            description of the methodology                                  31, 2013, at the percent rates, as listed
                                                                                                           underlying our conclusions, see the                             above for each of the respective
                                                     All issues in the case briefs are                                                                                     companies, of the entered value.
                                                                                                           Issues and Decision Memorandum.
                                                  addressed in the Issues and Decision
                                                                                                              In making these findings, we relied, in                      Cash Deposit Instructions
                                                  Memorandum. A list of the issues raised
                                                                                                           part, on facts available and, because the
                                                  is attached to this notice as Appendix I.                                                                                  The Department also intends to
                                                                                                           GOC did not act to the best of its ability
                                                  The Issues and Decision Memorandum                                                                                       instruct CBP to collect cash deposits of
                                                                                                           in responding to the Department’s
                                                  is a public document and is on file                                                                                      estimated CVDs in the amount shown
                                                                                                           requests for information, we drew an
                                                  electronically via Enforcement and                                                                                       above for shipments of subject
                                                                                                           adverse inference in selecting from
                                                  Compliance’s Antidumping and                                                                                             merchandise by JA Solar, Trina and
                                                                                                           among the facts otherwise available.9
                                                                                                           For further information, see the section,                       Suntech entered, or withdrawn from
                                                  Modules, from the People’s Republic of China:                                                                            warehouse, for consumption on or after
                                                  Resubmission of SolarWorld Americas, Inc.’s Case         ‘‘Use of Facts Otherwise Available and
                                                  Brief,’’ May 24, 2016.                                   Adverse Inferences,’’ in the Issues and                         the date of publication of the final
                                                     5 See Letter to the Secretary from Petitioner,
                                                                                                           Decision Memorandum.                                            results of this review.
                                                  ‘‘Certain Crystalline Silicon Photovoltaic Cells,                                                                          For non-reviewed firms, we will
                                                  Whether or Not Assembled into Modules, from the          Final Results of the Review                                     instruct CBP to collect cash deposits of
                                                  People’s Republic of China: Rebuttal Brief of
                                                  SolarWorld Americas, Inc.,’’ (May 31, 2016); see           In accordance with 19 CFR                                     estimated CVDs at the most recent
                                                  also Letter from the GOC, ‘‘GOC Rebuttal Brief:          351.221(b)(5), we determine a net                               company-specific or all-others rate
                                                  Second Administrative Review of the                      countervailable subsidy rate of 19.20                           applicable to the company. These cash
                                                  Countervailing Duty Order on Crystalline Silicon                                                                         deposit requirements, when imposed,
                                                  Photovoltaic Cells, Whether or not Assembled into
                                                                                                           percent ad valorem for JA Solar.
                                                  Modules from the People’s Republic of China (C–          Because the only individually                                   shall remain in effect until further
                                                  570–980),’’ (May 31, 2016); Letter from JA Solar,        calculated rate in the instant review is                        notice.
                                                  ‘‘Crystalline Silicon Photovoltaic Cells, Whether or     not zero, de minimis, or based entirely
                                                  Not Assembled Into Modules, from the People’s                                                                               10 Cross-owned affiliates are: Donghai JA Solar
                                                  Republic of China: Rebuttal Brief,’’ (May 31, 2016).
                                                                                                           on facts otherwise available, the
                                                                                                                                                                           Technology Co., Ltd.; Hebei Ningjin Songgong
                                                     6 See Letter to the Secretary from JA Solar,          Department has assigned this rate,                              Semiconductor Co., Ltd.; Hebei Ningtong Electronic
                                                  ‘‘Crystalline Silicon Photovoltaic Cells, Whether Or     calculated for JA Solar, to Trina and                           Materials Co., Ltd.; Hebei Yujing Electronic Science
                                                  Not Assembled into Modules, From the People’s            Suntech, companies that are subject to                          and Technology Co., Ltd.; Hefei JA Solar
                                                  Republic of China: Withdrawal of Hearing                 this review but were not selected for                           Technology Co., Ltd.; JA (Hefei) Renewable Energy
                                                  Request,’’ (June 2, 2016); see also Letter to the                                                                        Co., Ltd.; JA Solar Technology Yangzhou Co., Ltd.;
                                                  Secretary from Petitioner, ‘‘Certain Crystalline         individual examination in this review.                          Jing Hai Yang Semiconductor Material (Donghai)
                                                  Silicon Photovoltaic Cells, Whether Or Not                                                                               Co., Ltd.; JingAo Solar Co., Ltd.; JingLong Industry
                                                  Assembled into Modules, from the People’s                                                                     Subsidy    and Commerce Group Co., Ltd.; Jingwei Electronic
                                                  Republic of China: Withdrawal of Request for                              Company                              rate      Material Co., Ltd.; Ningjin Changlong Electronic
                                                  Hearing,’’ (June 7, 2016).                                                                                   (percent)   Materials Manufacturing Co.; Ningjin County
                                                     7 See Memorandum from Christian Marsh, Deputy                                                                         Jingyuan New Energy Investment Co., Ltd.; Ningjin
                                                  Assistant Secretary for Antidumping and                  JA Solar Technology Yangzhou                                    Guiguang Electronic Investment Co., Ltd.; Ningjin
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Countervailing Duty Operations, to Ronald K.               Co., Ltd. and its cross-owned                                 Jingfeng Electronic Materials Co., Ltd.; Ningjin
                                                  Lorentzen, Acting Assistant Secretary for                  affiliates 10 .................................      19.20    Saimei Ganglong Electronic Materials Co., Ltd.;
                                                  Enforcement and Compliance, ‘‘Issues and Decision                                                                        Ningjin Songgong Electronic Materials Co., Ltd.;
                                                  Memorandum for the Final Results of the                                                                                  Ningjing Sunshine New Energy Co., Ltd.; Ninjing
                                                                                                             8 See sections 771(5)(B) and (D) of the Act
                                                  Countervailing Duty Administrative Review of                                                                             Jingxing Electronic Materials Co., Ltd.; Shanghai JA
                                                  Crystalline Silicon Photovoltaic Cells, Whether or       regarding financial contribution; section 771(5)(E)             Solar Technology Co., Ltd.; Solar Silicon Valley
                                                  Not Assembled Into Modules, from the People’s            of the Act regarding benefit; and section 771(5)(A)             Electronic Science and Technology Co., Ltd.;
                                                  Republic of China; 2013,’’ dated concurrently with       of the Act regarding specificity.                               Xingtai Jinglong Electronic Materials Co., Ltd.; and,
                                                  this notice (Issues and Decision Memorandum).              9 See sections 776(a) and (b) of the Act.                     Yangguang Guifeng Electronic Technology Co., Ltd.



                                             VerDate Sep<11>2014   19:39 Jul 18, 2016   Jkt 238001   PO 00000   Frm 00020      Fmt 4703      Sfmt 4703     E:\FR\FM\19JYN1.SGM     19JYN1


                                                  46906                           Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Notices

                                                  Administrative Protective Order                          DEPARTMENT OF COMMERCE                                  electronically via Enforcement and
                                                                                                                                                                   Compliance’s AD and Countervailing
                                                    This notice serves as a reminder to                    International Trade Administration                      Duty (‘‘CVD’’) Centralized Electronic
                                                  parties subject to administrative                                                                                Service System (‘‘ACCESS’’). ACCESS is
                                                                                                           [A–570–970]
                                                  protective order (APO) of their                                                                                  available to registered users at http://
                                                  responsibility concerning the                            Multilayered Wood Flooring From the                     access.trade.gov and in the Central
                                                  disposition of proprietary information                   People’s Republic of China:                             Records Unit, Room B8024 of the main
                                                  disclosed under APO in accordance                        Rescission of Antidumping Duty New                      Department of Commerce building. In
                                                  with 19 CFR 351.305(a)(3). Timely                        Shipper Review; 2013–2014                               addition, a complete version of the
                                                  written notification of destruction of                                                                           Issues and Decision Memorandum can
                                                  APO materials or conversion to judicial                  AGENCY:   Enforcement and Compliance,                   be accessed directly at http://
                                                  protective order is hereby requested.                    International Trade Administration,                     enforcement.trade.gov/frn/index.html.
                                                  Failure to comply with the regulations                   Department of Commerce.                                 The signed Issues and Decision
                                                  and the terms of an APO is a                             SUMMARY: The Department of Commerce                     Memorandum and the electronic
                                                  sanctionable violation.                                  (‘‘Department’’) published its                          version of the Issues and Decision
                                                                                                           Preliminary Rescission for the new                      Memorandum are identical in content.
                                                    We are issuing and publishing these                    shipper review (‘‘NSR’’) of the
                                                  results in accordance with sections                      antidumping duty order on multilayered                  Scope of the Order
                                                  751(a)(1) and 777(i)(1) of the Act.                      wood flooring from the People’s                            The merchandise covered by the order
                                                    Dated: July 12, 2016.                                  Republic of China (‘‘PRC’’) on June 2,                  is multilayered wood flooring, which is
                                                  Ronald K. Lorentzen,                                     2016.1 The period of review (‘‘POR’’) is                composed of an assembly of two or
                                                  Acting Assistant Secretary for Enforcement
                                                                                                           December 1, 2013 through November                       more layers or plies of wood veneers 3
                                                  and Compliance.                                          30, 2014. As discussed below, we                        in combination with a core.4
                                                                                                           preliminarily found that the sale made                  Merchandise covered by this review is
                                                  Appendix I—List of Topics Discussed in                   by Qingdao Barry Flooring Co., Ltd.                     classifiable under subheadings
                                                  the Issues and Decision Memorandum                       (‘‘Qingdao Barry’’) is not bona fide, and               4412.31.0520; 4412.31.0540;
                                                                                                           announced our preliminary intent to                     4412.31.0560; 4412.31.2510;
                                                  I. Summary
                                                                                                           rescind its NSR. For the final results of               4412.31.2520; 4412.31.4040;
                                                  II. Period of Review
                                                  III. Scope of the Order
                                                                                                           this review, we continue to find                        4412.31.4050; 4412.31.4060;
                                                  IV. Subsidies Valuation Information
                                                                                                           Qingdao Barry’s sale to be non-bona                     4412.31.4070; 4412.31.4075;
                                                  V. Benchmarks and Discount Rates
                                                                                                           fide. Therefore, we are rescinding this                 4412.31.4080; 4412.31.5125;
                                                  VI. Use of Facts Otherwise Available and                 NSR.                                                    4412.31.5135; 4412.31.5155;
                                                        Adverse Inferences                                 DATES: Effective Date: July 19, 2016.                   4412.31.5165; 4412.31.6000;
                                                  VII. Analysis of Programs                                FOR FURTHER INFORMATION CONTACT:                        4412.31.9100; 4412.32.0520;
                                                  VIII. Final Results of Review                            Maisha Cryor, AD/CVD Operations,                        4412.32.0540; 4412.32.0560;
                                                  IX. Analysis of Comments                                 Office IV, Enforcement and Compliance,                  4412.32.0565; 4412.32.0570;
                                                     Comment 1: Usage of Export Buyer’s Credit             International Trade Administration,                     4412.32.2510; 4412.32.2520;
                                                        Program                                            Department of Commerce, 1401                            4412.32.2525; 4412.32.2530;
                                                     Comment 2: Selection of AFA Rate for                  Constitution Avenue NW., Washington,                    4412.32.3125; 4412.32.3135;
                                                        Export Buyer’s Credit Program                      DC 20230; telephone: (202) 482–5831.                    4412.32.3155; 4412.32.3165;
                                                     Comment 3: Specificity of Aluminum                                                                            4412.32.3175; 4412.32.3185;
                                                                                                           SUPPLEMENTARY INFORMATION:
                                                        Extrusion for LTAR Program                                                                                 4412.32.5600; 4412.39.1000;
                                                     Comment 4: Polysilicon Market Distortions             Background                                              4412.39.3000; 4412.39.4011;
                                                     Comment 5: Polysilicon Benchmark                                                                              4412.39.4012; 4412.39.4019;
                                                                                                              For a complete description of the
                                                     Comment 6: Solar Glass Benchmark                                                                              4412.39.4031; 4412.39.4032;
                                                                                                           events that followed the publication of
                                                     Comment 7: Ocean Freight Benchmark                                                                            4412.39.4039; 4412.39.4051;
                                                                                                           the Preliminary Rescission, see the
                                                     Comment 8: Inclusion of VAT in LTAR                                                                           4412.39.4052; 4412.39.4059;
                                                                                                           Issues and Decision Memorandum.2 The
                                                        Benchmarks                                                                                                 4412.39.4061; 4412.39.4062;
                                                                                                           Issues and Decision Memorandum is a
                                                     Comment 9: Electricity Benchmarks                                                                             4412.39.4069; 4412.39.5010;
                                                                                                           public document and is on file
                                                     Comment 10: Electricity Benefit                                                                               4412.39.5030; 4412.39.5050;
                                                        Calculation                                          1 See Multilayered Wood Flooring From the             4412.94.1030; 4412.94.1050;
                                                     Comment 11: Application of                            People’s Republic of China: Preliminary Rescission      4412.94.3105; 4412.94.3111;
                                                        Uncreditworthy Discount Rates to                   of 2013–2014 Antidumping Duty New Shipper               4412.94.3121; 4412.94.3131;
                                                        Variable Loans                                     Review, 81 FR 35306 (June 2, 2016) (‘‘Preliminary       4412.94.3141; 4412.94.3160;
                                                     Comment 12: Application of                            Rescission’’); see also Memorandum from Maisha
                                                                                                           Cryor, Office IV AD/CVD Operations, to Abdelali
                                                                                                                                                                   4412.94.3171; 4412.94.4100;
                                                        Uncreditworthy Discount Rates to                   Elouaradia, Director, Enforcement and Compliance,       4412.94.5100; 4412.94.6000;
                                                        Imported Equipment Purchases                       Office IV entitled ‘‘Antidumping Duty New Shipper       4412.94.7000; 4412.94.8000;
                                                     Comment 13: Minor Corrections                         Review of Multilayered Wood Flooring from the           4412.94.9000; 4412.94.9500;
                                                  X. Recommendation                                        People’s Republic of China: Preliminary Bona Fide
                                                                                                           Sale Analysis for Qingdao Barry Flooring Co., Ltd.,’’
                                                                                                                                                                   4412.99.0600; 4412.99.1020;
                                                  [FR Doc. 2016–17064 Filed 7–18–16; 8:45 am]              dated May 24, 2016 (‘‘Prelim Bona Fide Memo’’).         4412.99.1030; 4412.99.1040;
                                                                                                             2 See Memorandum from Christian Marsh, Deputy         4412.99.3110; 4412.99.3120;
mstockstill on DSK3G9T082PROD with NOTICES




                                                  BILLING CODE 3510–DS–P
                                                                                                           Assistant Secretary, Antidumping and                    4412.99.3130; 4412.99.3140;
                                                                                                           Countervailing Operations, to Ronald K. Lorentzen,      4412.99.3150; 4412.99.3160;
                                                                                                           Acting Assistant Secretary for Enforcement and
                                                                                                           Compliance, entitled ‘‘Multilayered Wood Flooring
                                                                                                                                                                      3 A ‘‘veneer’’ is a thin slice of wood, rotary cut,
                                                                                                           From the People’s Republic of China: Issues and
                                                                                                           Decision Memorandum for the Final Rescission of         sliced or sawed from a log, bolt or flitch. Veneer is
                                                                                                           the 2013–2014 New Shipper Review’’ issued               referred to as a ply when assembled.
                                                                                                           concurrently with and hereby adopted by this               4 For a complete description of the scope of the

                                                                                                           notice (‘‘Issues and Decision Memorandum’’).            order, see the Issues and Decision Memorandum.



                                             VerDate Sep<11>2014   19:39 Jul 18, 2016   Jkt 238001   PO 00000   Frm 00021   Fmt 4703   Sfmt 4703   E:\FR\FM\19JYN1.SGM    19JYN1



Document Created: 2016-07-19 01:10:50
Document Modified: 2016-07-19 01:10:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactDavid Lindgren, 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- 3870.
FR Citation81 FR 46904 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR