81 FR 5711 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 22 (February 3, 2016)
International Trade Administration
Federal Register Volume 81, Issue 22 (February 3, 2016)
| Page Range | 5711-5712 | |
| FR Document | 2016-02002 |
[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)] [Notices] [Pages 5711-5712] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02002] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-979] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The request described below for a new shipper review of the antidumping duty (AD) order on crystalline silicon photovoltaic cells, whether or not assembled into modules, (``solar cells'') from the People's Republic of China (``PRC'') meets the statutory and regulatory requirements for initiation. The period of review (``POR'') for the new shipper review is December 1, 2014 through November 30, 2015. DATES: Effective Date: February 3, 2016. FOR FURTHER INFORMATION CONTACT: Erin Kearney, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 0167. SUPPLEMENTARY INFORMATION: Background On December 7, 2012, the Department of Commerce (``Department'') published the AD order on solar cells from the PRC.\1\ On December 30, 2015, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the ``Act''), and 19 CFR 351.214(c), the Department received a timely request for a new shipper review from Anji DaSol Solar Energy Science & Technology Co., Ltd. (``Anji DaSol'').\2\ On January 19, 2016, the Department received entry data from U.S. Customs and Border Protection (``CBP'') related to Anji DaSol's request for a new shipper review, and on January 21, 2016, we requested comments on the entry data from [[Page 5712]] interested parties.\3\ Because the Department has certain concerns with the CBP entry data, on January 21, 2016, we also issued a questionnaire to Anji DaSol in order to seek additional information with respect the data.\4\ The Department intends to address these, and any remaining issues, after initiation of this NSR.\5\ We intend to request entry documents from CBP in order to confirm certain information reported by Anji DaSol. The continuation of the new shipper review will be contingent upon confirmation of the information reported in the review request. --------------------------------------------------------------------------- \1\ 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). \2\ See Letter from Anji DaSol to the Secretary of Commerce ``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Request for New Shipper Review,'' dated December 30, 2015 (``NSR Request''). \3\ See Letter to All Interested Parties ``Request for a New Shipper Review of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China 12/ 01/2014-11/30/15: Anji DaSol Solar Energy Science & Technology Co., Ltd.,'' dated January 21, 2016 (``CBP Data''). \4\ Due to the business proprietary nature of the CBP data, see Initiation Checklist at Part I, question 15 for further information. \5\ See Letter to Anji DaSol, ``Request for New Shipper Review of the Antidumping Duty Order on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China,'' dated January 21, 2016. --------------------------------------------------------------------------- Anji DaSol stated that it is the producer and exporter of the subject merchandise upon which its request for a new shipper review is based. Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Anji DaSol certified that it did not export solar cells to the United States during the period of investigation (``POI''). In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Anji DaSol certified that, since the initiation of the investigation, it has never been affiliated with any PRC exporter or producer who exported solar cells to the United States during the POI, including those not individually examined during the investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), Anji DaSol also certified that its export activities were not controlled by the central government of the PRC.\6\ --------------------------------------------------------------------------- \6\ See NSR Request, at Exhibit 1. --------------------------------------------------------------------------- In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Anji DaSol submitted documentation establishing the following: (1) The date on which the subject merchandise was first entered, or withdrawn from warehouse, for consumption in the United States; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated customer in the United States.\7\ --------------------------------------------------------------------------- \7\ Id. at Exhibit 2. --------------------------------------------------------------------------- The Department conducted a CBP database query and confirmed by examining the results that the sale of subject merchandise that Anji DaSol reported to the Department entered the United States during the POR specified by the Department's regulations.\8\ --------------------------------------------------------------------------- \8\ See 19 CFR 351.214(g)(1)(i)(A). --------------------------------------------------------------------------- Period of Review Pursuant to 19 CFR 351.214(g)(1)(i)(A), the POR for the new shipper review of Anji DaSol is December 1, 2014, through November 30, 2015. Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and based on the information on the record, the Department finds that Anji DaSol meets the threshold requirements for initiation of a new shipper review of its shipment of solar cells from the PRC.\9\ However, if the information supplied by Anji DaSol is later found to be incorrect or insufficient during the course of this proceeding, the Department may rescind the review or apply facts available pursuant to section 776 of the Act, depending upon the facts on the record. --------------------------------------------------------------------------- \9\ See, generally, Memorandum to the File through Abdelali Elouaradia, Director, AD/CVD Operations, Office IV, ``Initiation of Antidumping New Shipper Review of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Anji DaSol Solar Energy Science & Technology Co., Ltd., Initiation Checklist,'' dated concurrently with this notice (``Initiation Checklist''). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.221(c)(1)(i), the Department will publish the notice of initiation of a new shipper review no later than the last day of the month following the anniversary or semiannual anniversary month of the order. The Department intends to issue the preliminary results of this new shipper review no later than 180 days from the date of initiation, and the final results of this review no later than 90 days after the date the preliminary results are issued.\10\ --------------------------------------------------------------------------- \10\ See section 751(a)(2)(B)(iv) of the Act; 19 CFR 351.214(i). --------------------------------------------------------------------------- It is the Department's usual practice, in cases involving non- market economies (``NME''), to require that a company seeking to establish eligibility for an AD rate separate from the NME-wide entity rate provide evidence of de jure and de facto absence of government control over the company's export activities. Accordingly, we will issue a questionnaire to Anji DaSol which will include a section requesting information with regard to its export activities for the purpose of establishing its eligibility for a separate rate. The new shipper review of Anji DaSol will proceed if the response provides sufficient indication that the exporter is not subject to either de jure or de facto government control with respect to its exports of solar cells. We will instruct CBP to allow, at the option of the importer, the posting, until the completion of the review, of a bond or security in lieu of a cash deposit for certain entries of the subject merchandise from Anji DaSol in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Anji DaSol certified that it exports and produces the subject merchandise that is the subject of this new shipper review, we will instruct CBP to permit the use of a bond only for entries of subject merchandise which Anji DaSol exported and produced. Interested parties requiring access to proprietary information in this new shipper review should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are published in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: January 27, 2016. James Maeder, Senior Director Antidumping and Countervailing Duty Operations, Office I. [FR Doc. 2016-02002 Filed 2-2-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices 5711
addition, pursuant to section issue the preliminary results of this NSR DEPARTMENT OF COMMERCE
751(a)(2)(B)(i)(II) of the Act and 19 CFR within 180 days from the date of
351.214(b)(2)(iii)(A), Shanghai initiation and the final results within 90 International Trade Administration
Sunbeauty certified that, since the days after the date on which the [A–570–979]
initiation of the investigation, it has preliminary results are issued.11
never been affiliated with any PRC Crystalline Silicon Photovoltaic Cells,
It is the Department’s usual practice,
exporter or producer who exported Whether or Not Assembled Into
subject merchandise to the United in cases involving non-market
economies (‘‘NMEs’’), to require that a Modules, From the People’s Republic
States during the POI, including those of China: Initiation of Antidumping
respondents not individually examined company seeking to establish eligibility
for an antidumping duty rate separate Duty New Shipper Review
during the investigation.5 As required
by 19 CFR 351.214(b)(2)(iii)(B), from the NME entity-wide rate provide AGENCY: Enforcement and Compliance,
Shanghai Sunbeauty also certified that evidence of de jure and de facto absence International Trade Administration,
its export activities were not controlled of government control over the Department of Commerce.
by the government of the PRC.6 company’s export activities. ACTION: Notice.
In addition to the certifications Accordingly, we will issue
described above, pursuant to 19 CFR questionnaires to Shanghai Sunbeauty SUMMARY: The request described below
351.214(b)(2)(iv), Shanghai Sunbeauty that will include a section requesting for a new shipper review of the
submitted documentation establishing information concerning its eligibility for antidumping duty (AD) order on
the following: (1) The date on which it a separate rate. The NSR will proceed if crystalline silicon photovoltaic cells,
first shipped subject merchandise for the responses provide sufficient whether or not assembled into modules,
export to the United States; (2) the indication that Shanghai Sunbeauty is (‘‘solar cells’’) from the People’s
volume of its first shipment and not subject to either de jure or de facto Republic of China (‘‘PRC’’) meets the
subsequent shipments; and (3) the date government control with respect to its statutory and regulatory requirements
of its first sale to an unaffiliated for initiation. The period of review
exports of subject merchandise.
customer in the United States.7 (‘‘POR’’) for the new shipper review is
Finally, the Department conducted a We will instruct CBP to allow, at the December 1, 2014 through November
U.S. Customs and Border Protection option of the importer, the posting, until 30, 2015.
(‘‘CBP’’) database query and confirmed the completion of this review, of a bond DATES: Effective Date: February 3, 2016.
the price and quantity reported by or security in lieu of a cash deposit for
FOR FURTHER INFORMATION CONTACT: Erin
Shanghai Sunbeauty.8 each entry of the subject merchandise
Kearney, AD/CVD Operations, Office IV,
Initiation of New Shipper Review from the requesting companies in
Enforcement and Compliance,
accordance with section 751(a)(2)(B)(iii)
Pursuant to section 751(a)(2)(B) of the International Trade Administration,
of the Act and 19 CFR 351.214(e). U.S. Department of Commerce, 14th
Act, 19 CFR 351.214(b), and 19 CFR Because Shanghai Sunbeauty certified
351.214(d)(1), and based on the Street and Constitution Avenue NW.,
that its affiliate Xiping Haina Trade Co., Washington, DC 20230; telephone: (202)
evidence provided by Shanghai
Ltd. produced the subject merchandise 482–0167.
Sunbeauty, we find that its request
which Shanghai Sunbeauty exported,
meets the threshold requirements for SUPPLEMENTARY INFORMATION:
initiation of the NSR for shipments of the sales of which are the basis for the
NSR request, we will instruct CBP to Background
honey from the PRC produced by Xiping
Haina Trade Co., Ltd. and exported by permit the use of a bond only for subject On December 7, 2012, the Department
Shanghai Sunbeauty.9 The POR is merchandise which Xiping Haina Trade of Commerce (‘‘Department’’) published
December 01, 2014, through November Co., Ltd produced and Shanghai the AD order on solar cells from the
30, 2015.10 If the information supplied Sunbeauty exported. PRC.1 On December 30, 2015, pursuant
by Shanghai Sunbeauty is found to be Interested parties requiring access to to section 751(a)(2)(B)(i) of the Tariff
incorrect or insufficient during the proprietary information in this NSR Act of 1930, as amended (the ‘‘Act’’),
course of this proceeding, the should submit applications for and 19 CFR 351.214(c), the Department
Department may rescind the review for disclosure under administrative received a timely request for a new
Shanghai Sunbeauty or apply facts protective order, in accordance with 19 shipper review from Anji DaSol Solar
available pursuant to section 776 of the CFR 351.305 and 19 CFR 351.306. Energy Science & Technology Co., Ltd.
Act, depending on the facts on the (‘‘Anji DaSol’’).2 On January 19, 2016,
record. This initiation and notice are in the Department received entry data from
Absent a determination that the new accordance with section 751(a)(2)(B) of U.S. Customs and Border Protection
shipper review is extraordinarily the Act, 19 CFR 351.214, and 19 CFR (‘‘CBP’’) related to Anji DaSol’s request
complicated, the Department intends to 351.221(c)(1)(i). for a new shipper review, and on
Dated: January 27, 2016. January 21, 2016, we requested
5 Id.
Gary Taverman, comments on the entry data from
6 Id.
7 Id., at 4 and Exhibit 2. Associate Deputy Assistant Secretary for 1 See Crystalline Silicon Photovoltaic Cells,
8 See Memorandum to the File from Catherine Antidumping and Countervailing Duty Whether or Not Assembled Into Modules, From the
Bertrand, Program Manager, AD/CVD Operations, Operations. People’s Republic of China: Amended Final
mstockstill on DSK4VPTVN1PROD with NOTICES
Office V regarding ‘‘U.S. Customs and Border [FR Doc. 2016–02004 Filed 2–2–16; 8:45 am] Determination of Sales at Less Than Fair Value,
Protection Query Results for Shanghai Sunbeauty and Antidumping Duty Order, 77 FR 73018
Co., Ltd.’’ dated concurrently with this notice. BILLING CODE 3510–DS–P (December 7, 2012).
9 See Memorandum to the File, from Jessica 2 See Letter from Anji DaSol to the Secretary of
Weeks, International Trade Compliance Analyst, Commerce ‘‘Crystalline Silicon Photovoltaic Cells,
‘‘Honey from the People’s Republic of China: New Whether or Not Assembled Into Modules, From the
Shipper Initiation Checklist,’’ dated concurrently People’s Republic of China: Request for New
with this notice. 11 See section 751(a)(2)(B)(iv) of the Act and 19
Shipper Review,’’ dated December 30, 2015 (‘‘NSR
10 See 19 CFR 351.214(g)(1)(ii)(B). CFR 351.214(i). Request’’).
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![5712 Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices
interested parties.3 Because the United States during the POR specified We will instruct CBP to allow, at the
Department has certain concerns with by the Department’s regulations.8 option of the importer, the posting, until
the CBP entry data, on January 21, 2016, the completion of the review, of a bond
Period of Review
we also issued a questionnaire to Anji or security in lieu of a cash deposit for
DaSol in order to seek additional Pursuant to 19 CFR certain entries of the subject
information with respect the data.4 The 351.214(g)(1)(i)(A), the POR for the new merchandise from Anji DaSol in
Department intends to address these, shipper review of Anji DaSol is accordance with section 751(a)(2)(B)(iii)
and any remaining issues, after December 1, 2014, through November of the Act and 19 CFR 351.214(e).
initiation of this NSR.5 We intend to 30, 2015. Because Anji DaSol certified that it
request entry documents from CBP in exports and produces the subject
order to confirm certain information Initiation of New Shipper Review merchandise that is the subject of this
reported by Anji DaSol. The Pursuant to section 751(a)(2)(B) of the new shipper review, we will instruct
continuation of the new shipper review Act, 19 CFR 351.214(b), and based on CBP to permit the use of a bond only for
will be contingent upon confirmation of the information on the record, the entries of subject merchandise which
the information reported in the review Department finds that Anji DaSol meets Anji DaSol exported and produced.
request. the threshold requirements for initiation Interested parties requiring access to
Anji DaSol stated that it is the of a new shipper review of its shipment proprietary information in this new
producer and exporter of the subject of solar cells from the PRC.9 However, shipper review should submit
merchandise upon which its request for if the information supplied by Anji applications for disclosure under
a new shipper review is based. Pursuant DaSol is later found to be incorrect or administrative protective order in
to section 751(a)(2)(B)(i)(I) of the Act insufficient during the course of this accordance with 19 CFR 351.305 and
and 19 CFR 351.214(b)(2)(i), Anji DaSol proceeding, the Department may rescind 351.306.
certified that it did not export solar cells the review or apply facts available This initiation and notice are
to the United States during the period pursuant to section 776 of the Act, published in accordance with section
of investigation (‘‘POI’’). In addition, depending upon the facts on the record. 751(a)(2)(B) of the Act and 19 CFR
pursuant to section 751(a)(2)(B)(i)(II) of Pursuant to 19 CFR 351.221(c)(1)(i), 351.214 and 351.221(c)(1)(i).
the Act and 19 CFR 351.214(b)(2)(iii)(A), the Department will publish the notice Dated: January 27, 2016.
Anji DaSol certified that, since the of initiation of a new shipper review no James Maeder,
initiation of the investigation, it has later than the last day of the month Senior Director Antidumping and
never been affiliated with any PRC following the anniversary or semiannual Countervailing Duty Operations, Office I.
exporter or producer who exported solar anniversary month of the order. The [FR Doc. 2016–02002 Filed 2–2–16; 8:45 am]
cells to the United States during the Department intends to issue the BILLING CODE 3510–DS–P
POI, including those not individually preliminary results of this new shipper
examined during the investigation. As review no later than 180 days from the
required by 19 CFR 351.214(b)(2)(iii)(B), date of initiation, and the final results DEPARTMENT OF COMMERCE
Anji DaSol also certified that its export of this review no later than 90 days after
activities were not controlled by the International Trade Administration
the date the preliminary results are
central government of the PRC.6
issued.10
In addition to the certifications Antidumping or Countervailing Duty
described above, pursuant to 19 CFR It is the Department’s usual practice,
Order, Finding, or Suspended
351.214(b)(2)(iv), Anji DaSol submitted in cases involving non-market
Investigation; Opportunity to Request
documentation establishing the economies (‘‘NME’’), to require that a
Administrative Review
following: (1) The date on which the company seeking to establish eligibility
subject merchandise was first entered, for an AD rate separate from the NME- AGENCY: Enforcement and Compliance,
or withdrawn from warehouse, for wide entity rate provide evidence of de International Trade Administration,
consumption in the United States; (2) jure and de facto absence of government Department of Commerce.
the volume of its first shipment; and (3) control over the company’s export FOR FURTHER INFORMATION CONTACT:
the date of its first sale to an unaffiliated activities. Accordingly, we will issue a Brenda E. Waters, Office of AD/CVD
customer in the United States.7 questionnaire to Anji DaSol which will Operations, Customs Liaison Unit,
The Department conducted a CBP include a section requesting information Enforcement and Compliance,
database query and confirmed by with regard to its export activities for International Trade Administration,
examining the results that the sale of the purpose of establishing its eligibility U.S. Department of Commerce, 14th
subject merchandise that Anji DaSol for a separate rate. The new shipper Street and Constitution Avenue NW.,
reported to the Department entered the review of Anji DaSol will proceed if the Washington, DC 20230, telephone: (202)
response provides sufficient indication 482–4735.
3 See Letter to All Interested Parties ‘‘Request for that the exporter is not subject to either SUPPLEMENTARY INFORMATION:
a New Shipper Review of Crystalline Silicon de jure or de facto government control
Photovoltaic Cells, Whether or Not Assembled Into with respect to its exports of solar cells. Background
Modules, from the People’s Republic of China 12/
01/2014–11/30/15: Anji DaSol Solar Energy Science Each year during the anniversary
& Technology Co., Ltd.,’’ dated January 21, 2016 8 See 19 CFR 351.214(g)(1)(i)(A). month of the publication of an
(‘‘CBP Data’’). 9 See, generally, Memorandum to the File through antidumping or countervailing duty
4 Due to the business proprietary nature of the
Abdelali Elouaradia, Director, AD/CVD Operations,
mstockstill on DSK4VPTVN1PROD with NOTICES
CBP data, see Initiation Checklist at Part I, question
order, finding, or suspended
Office IV, ‘‘Initiation of Antidumping New Shipper
15 for further information. Review of Crystalline Silicon Photovoltaic Cells, investigation, an interested party, as
5 See Letter to Anji DaSol, ‘‘Request for New Whether or Not Assembled Into Modules, from the defined in section 771(9) of the Tariff
Shipper Review of the Antidumping Duty Order on People’s Republic of China: Anji DaSol Solar Act of 1930, as amended (‘‘the Act’’),
Crystalline Silicon Photovoltaic Cells, Whether or Energy Science & Technology Co., Ltd., Initiation
Not Assembled Into Modules, from the People’s
may request, in accordance with 19 CFR
Checklist,’’ dated concurrently with this notice
Republic of China,’’ dated January 21, 2016. (‘‘Initiation Checklist’’). 351.213, that the Department of
6 See NSR Request, at Exhibit 1. 10 See section 751(a)(2)(B)(iv) of the Act; 19 CFR Commerce (‘‘the Department’’) conduct
7 Id. at Exhibit 2. 351.214(i). an administrative review of that
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Document Created: 2016-02-03 00:40:26
Document Modified: 2016-02-03 00:40:26
| 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 | |
| Action | Notice. | |
| Contact | Erin Kearney, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 0167. | |
| FR Citation | 81 FR 5711 |
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