81_FR_92152 81 FR 91909 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Changed Circumstances Review

81 FR 91909 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Changed Circumstances Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 243 (December 19, 2016)

Page Range91909-91910
FR Document2016-30426

On November 3, 2016, the Department of Commerce (the ``Department'') published its notice of initiation and preliminary results of a changed circumstances 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'') (Preliminary Results). The Department preliminarily determined that Zhejiang ERA Solar Technology Co., Ltd. (``Zhejiang ERA'') is the successor-in-interest to Era Solar Co., Ltd. (``Era Solar'') for purposes of the AD order on solar cells from the PRC and, as such, is entitled to Era Solar's antidumping duty cash deposit rate with respect to entries of subject merchandise. We invited interested parties to comment on the Preliminary Results. As no parties submitted comments, and there is no other information or evidence on the record calling into question our Preliminary Results, the Department is making no changes to the Preliminary Results. For these final results, the Department continues to find that Zhejiang ERA is the successor-in-interest to Era Solar.

Federal Register, Volume 81 Issue 243 (Monday, December 19, 2016) 
[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)]
[Notices]
[Pages 91909-91910]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30426]


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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: Final Results of 
Changed Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On November 3, 2016, the Department of Commerce (the 
``Department'') published its notice of initiation and preliminary 
results of a changed circumstances 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'') (Preliminary Results). The Department 
preliminarily determined that Zhejiang ERA Solar Technology Co., Ltd. 
(``Zhejiang ERA'') is the successor-in-interest to Era Solar Co., Ltd. 
(``Era Solar'') for purposes of the AD order on solar cells from the 
PRC and, as such, is entitled to Era Solar's antidumping duty cash 
deposit rate with respect to entries of subject merchandise. We invited 
interested parties to comment on the Preliminary Results. As no parties 
submitted comments, and there is no other information or evidence on 
the record calling into question our Preliminary Results, the 
Department is making no changes to the Preliminary Results. For these 
final results, the Department continues to find that Zhejiang ERA is 
the successor-in-interest to Era Solar.

DATES: Effective December 19, 2016.

FOR FURTHER INFORMATION CONTACT:  Jeff Pedersen, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-2769.

SUPPLEMENTARY INFORMATION: 

Background

    On December 7, 2012, the Department published the AD Order on solar 
cells from the PRC in the Federal Register.\1\ On August 31, 2016, 
Zhejiang ERA requested that the Department initiate an expedited 
changed circumstances review to determine it as the successor-in-
interest to Era Solar for AD purposes.\2\ On November 3, 2016, the 
Department initiated a changed circumstances review and made a 
preliminary finding that Zhejiang ERA is the successor-in-interest to 
Era Solar, and is entitled to Era Solar's cash deposit rate with 
respect to entries of merchandise subject to the AD Order on solar 
cells from the PRC.\3\ We provided interested parties 14 days from the 
date of publication of the Preliminary Results to submit case briefs. 
No interested parties submitted case briefs or requested a hearing.
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    \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) (``Order'').
    \2\ See Letter from Zhejiang ERA to the Department regarding, 
``Re: Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules from the People's Republic of China: Request 
for Expedited Changed Circumstances Review'' (August 31, 2016) 
(``CCR Request'').
    \3\ See Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review: Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled Into Modules From the People's 
Republic of China, 81 FR 76561 (November 3, 2016) (``Preliminary 
Results'') and accompanying Preliminary Decision Memorandum.

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[[Page 91910]]

Scope of the Order

    The merchandise covered by the Order is crystalline silicon 
photovoltaic cells, whether or not assembled into modules, subject to 
certain exceptions.\4\ Merchandise covered by this Order is currently 
classified in the Harmonized Tariff System of the United States 
(``HTSUS'') under subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 
8541.40.6030, and 8501.31.8000. While these HTSUS subheadings are 
provided for convenience and customs purposes; the written description 
of the scope of this Order is dispositive.
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    \4\ For a complete description of the scope of the Order, see 
Preliminary Decision Memorandum.
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Final Results of Changed Circumstances Review

    Because the record contains no information or evidence that calls 
into question the Preliminary Results, for the reasons stated in the 
Preliminary Results, the Department continues to find that Zhejiang ERA 
is the successor-in-interest to Era Solar, and is entitled to Era 
Solar's cash deposit rate with respect to entries of merchandise 
subject to the AD Order on solar cells from the PRC.\5\
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    \5\ For a complete discussion of the Department's findings, 
which remain unchanged in these final results and which are herein 
incorporated by reference and adopted by this notice, see generally 
the Preliminary Decision Memorandum accompanying the Preliminary 
Results.
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Instructions to U.S. Customs and Border Protection

    Based on these final results, we will instruct U.S. Customs and 
Border Protection to collect estimated antidumping duties for all 
shipments of subject merchandise exported by Zhejiang ERA and entered, 
or withdrawn from warehouse, for consumption on or after the 
publication date of this notice in the Federal Register at the current 
AD cash deposit rate for Era Solar (i.e., 8.52 percent).\6\ This cash 
deposit requirement shall remain in effect until further notice.
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    \6\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2013-2014, 81 FR 39905 (June 20, 
2016).
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Notification to Interested Parties

    This notice serves as a final 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 the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a sanctionable violation.
    We are issuing and publishing this final results notice in 
accordance with sections 751(b) and 777(i) of the Tariff Act of 1930, 
as amended, and 19 CFR 351.216 and 351.221(c)(3).

    Dated: December 12, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-30426 Filed 12-16-16; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices 91909 added provision is 337,117,964 square on December 20, 2016, the quantitative Technology Co., Ltd. (‘‘Zhejiang ERA’’) meters equivalent. limitation for qualifying apparel is the successor-in-interest to Era Solar DATES: Effective Date: December 20, imported from Haiti under the value- Co., Ltd. (‘‘Era Solar’’) for purposes of 2016. added provision will be an amount the AD order on solar cells from the PRC FOR FURTHER INFORMATION CONTACT: equivalent to 1.25 percent of the and, as such, is entitled to Era Solar’s Maria Goodman, International Trade aggregate square meter equivalent of all antidumping duty cash deposit rate Specialist, Office of Textiles and apparel articles imported into the with respect to entries of subject Apparel, U.S. Department of Commerce, United States in the most recent 12- merchandise. We invited interested (202) 482–3651. month period for which data are parties to comment on the Preliminary available. The aggregate square meters Results. As no parties submitted SUPPLEMENTARY INFORMATION: Authority: Section 213A of the equivalent of all apparel articles comments, and there is no other Caribbean Basin Economic Recovery Act imported into the United States is information or evidence on the record (19 U.S.C. 2703a) (‘‘CBERA’’), as derived from the set of Harmonized calling into question our Preliminary amended by the Haitian Hemispheric System lines listed in the Annex to the Results, the Department is making no Opportunity through Partnership World Trade Organization Agreement changes to the Preliminary Results. For Encouragement Act of 2006 (‘‘HOPE’’) on Textiles and Clothing (‘‘ATC’’), and these final results, the Department (Title V of the Tax Relief and Health the conversion factors for units of continues to find that Zhejiang ERA is Care Act of 2006), the Haitian measure into square meter equivalents the successor-in-interest to Era Solar. Hemispheric Opportunity through used by the United States in DATES: Effective December 19, 2016. Partnership Encouragement Act of 2008 implementing the ATC. For purposes of FOR FURTHER INFORMATION CONTACT: Jeff (‘‘HOPE II’’) (Subtitle D of Title XV of this notice, the most recent 12-month Pedersen, AD/CVD Operations, Office the Food, Conservation, and Energy Act period for which data are available as of IV, Enforcement and Compliance, of 2008), the Haiti Economic Lift December 20, 2016 is the 12-month International Trade Administration, Program Act of 2010 (‘‘HELP’’), and the period ending on October 31, 2016. U.S. Department of Commerce, 1401 Trade Preferences Extension Act of Therefore, for the one-year period Constitution Avenue NW., Washington, 2015; and as implemented by beginning on December 20, 2016 and DC 20230; telephone: (202) 482–2769. Presidential Proc. No. 8114, 72 FR extending through December 19, 2017, the quantity of imports eligible for SUPPLEMENTARY INFORMATION: 13655 (March 22, 2007), and No. 8596, 75 FR 68153 (November 4, 2010). preferential treatment under the value- Background Background: Section 213A(b)(1)(B) of added provision is 337,117,964 square On December 7, 2012, the Department CBERA, as amended (19 U.S.C. meters equivalent. Apparel articles published the AD Order on solar cells 2703a(b)(1)(B)), outlines the entered in excess of these quantities will from the PRC in the Federal Register.1 requirements for certain apparel articles be subject to otherwise applicable On August 31, 2016, Zhejiang ERA imported directly from Haiti to qualify tariffs. requested that the Department initiate for duty-free treatment under a ‘‘value- Dated: December 13, 2016. an expedited changed circumstances added’’ provision. In order to qualify for Felicia Pullam, review to determine it as the successor- duty-free treatment, apparel articles Deputy Assistant Secretary for Textiles, in-interest to Era Solar for AD must be wholly assembled, or knit-to- Consumer Goods and Materials. purposes.2 On November 3, 2016, the shape, in Haiti from any combination of [FR Doc. 2016–30383 Filed 12–16–16; 8:45 am] Department initiated a changed fabrics, fabric components, components BILLING CODE 3510–DR–P circumstances review and made a knit-to-shape, and yarns, as long as the preliminary finding that Zhejiang ERA sum of the cost or value of materials is the successor-in-interest to Era Solar, produced in Haiti or one or more DEPARTMENT OF COMMERCE and is entitled to Era Solar’s cash beneficiary countries, as described in deposit rate with respect to entries of CBERA, as amended, or any International Trade Administration merchandise subject to the AD Order on combination thereof, plus the direct [A–570–979] solar cells from the PRC.3 We provided costs of processing operations interested parties 14 days from the date performed in Haiti or one or more Crystalline Silicon Photovoltaic Cells, of publication of the Preliminary Results beneficiary countries, as described in Whether or Not Assembled Into to submit case briefs. No interested CBERA, as amended, or any Modules, From the People’s Republic parties submitted case briefs or combination thereof, is not less than an of China: Final Results of Changed requested a hearing. applicable percentage of the declared Circumstances Review customs value of such apparel articles. 1 See Crystalline Silicon Photovoltaic Cells, Pursuant to CBERA, as amended, the AGENCY: Enforcement and Compliance, Whether or Not Assembled Into Modules, From the applicable percentage for the period International Trade Administration, People’s Republic of China: Amended Final December 20, 2016 through December Department of Commerce. Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 77 FR 73018 19, 2017, is 55 percent. SUMMARY: On November 3, 2016, the (December 7, 2012) (‘‘Order’’). For every twelve month period Department of Commerce (the 2 See Letter from Zhejiang ERA to the Department following the effective date of CBERA, ‘‘Department’’) published its notice of regarding, ‘‘Re: Crystalline Silicon Photovoltaic as amended, duty-free treatment under initiation and preliminary results of a Cells, Whether or Not Assembled Into Modules the value-added provision is subject to changed circumstances review of the from the People’s Republic of China: Request for sradovich on DSK3GMQ082PROD with NOTICES Expedited Changed Circumstances Review’’ a quantitative limitation. CBERA, as antidumping duty (‘‘AD’’) order on (August 31, 2016) (‘‘CCR Request’’). amended provides that the quantitative crystalline silicon photovoltaic cells, 3 See Initiation and Preliminary Results of limitation will be recalculated for each whether or not assembled into modules Antidumping Duty Changed Circumstances Review: subsequent 12-month period. Section (‘‘solar cells’’), from the People’s Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules From the People’s 213A (b)(1)(C) of CBERA, as amended Republic of China (‘‘PRC’’) (Preliminary Republic of China, 81 FR 76561 (November 3, 2016) (19 U.S.C. 2703a(b)(1)(C)), requires that, Results). The Department preliminarily (‘‘Preliminary Results’’) and accompanying for the twelve-month period beginning determined that Zhejiang ERA Solar Preliminary Decision Memorandum. VerDate Sep<11>2014 20:55 Dec 16, 2016 Jkt 241001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\19DEN1.SGM 19DEN1

91910 Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices Scope of the Order conversion to judicial protective order is approve, or recommend any of the The merchandise covered by the hereby requested. Failure to comply proposals or other information Order is crystalline silicon photovoltaic with the regulations and terms of an contained in this notice or in the cells, whether or not assembled into APO is a sanctionable violation. publications produced by the NCWM. modules, subject to certain exceptions.4 We are issuing and publishing this The NCWM is an organization of Merchandise covered by this Order is final results notice in accordance with weights and measures officials of the currently classified in the Harmonized sections 751(b) and 777(i) of the Tariff states, counties, and cities of the United Tariff System of the United States Act of 1930, as amended, and 19 CFR States, federal agencies, and (‘‘HTSUS’’) under subheadings 351.216 and 351.221(c)(3). representatives from the private sector. 8501.61.0000, 8507.20.80, 8541.40.6020, Dated: December 12, 2016. These meetings bring together 8541.40.6030, and 8501.31.8000. While government officials and representatives Paul Piquado, these HTSUS subheadings are provided of business, industry, trade associations, Assistant Secretary for Enforcement and and consumer organizations on subjects for convenience and customs purposes; Compliance. related to the field of weights and the written description of the scope of [FR Doc. 2016–30426 Filed 12–16–16; 8:45 am] measures technology, administration, this Order is dispositive. BILLING CODE 3510–DS–P and enforcement. NIST participates to Final Results of Changed encourage cooperation between federal Circumstances Review agencies and the states in the DEPARTMENT OF COMMERCE development of legal metrology Because the record contains no information or evidence that calls into National Institute of Standards and requirements. NIST also promotes question the Preliminary Results, for the Technology uniformity among the states in laws, reasons stated in the Preliminary regulations, methods, and testing Results, the Department continues to National Conference on Weights and equipment that comprise the regulatory find that Zhejiang ERA is the successor- Measures Interim Meeting control of commercial weighing and in-interest to Era Solar, and is entitled measuring devices, packaged goods, and AGENCY: National Institute of Standards other trade and commerce issues. to Era Solar’s cash deposit rate with and Technology, Commerce. respect to entries of merchandise subject The following are brief descriptions of ACTION: Notice. some of the significant agenda items to the AD Order on solar cells from the that will be considered at the NCWM PRC.5 SUMMARY: The Interim Meeting of the Interim Meeting. Comments will be Instructions to U.S. Customs and National Conference on Weights and taken on these and other issues during Border Protection Measures (NCWM) will be held in San several public comment sessions. At Antonio, Texas, from Sunday, January 8, this stage, the items are proposals. This Based on these final results, we will 2017, through Wednesday, January 11, instruct U.S. Customs and Border meeting also includes work sessions in 2017. This notice contains information which the Committees may also accept Protection to collect estimated about significant items on the NCWM antidumping duties for all shipments of comments, and where recommendations Committee agendas but does not include will be developed for consideration and subject merchandise exported by all agenda items. As a result, the items Zhejiang ERA and entered, or possible adoption at the NCWM 2017 are not consecutively numbered. Annual Meeting. The Committees may withdrawn from warehouse, for DATES: The meeting will be held from withdraw or carryover items that need consumption on or after the publication date of this notice in the Federal Sunday, January 8, 2017, through additional development. Wednesday, January 11, 2017, Sunday Some of the items listed below Register at the current AD cash deposit through Tuesday from 8:00 a.m. to 5:00 provide notice of projects under rate for Era Solar (i.e., 8.52 percent).6 p.m. Central Time, and on Wednesday, development by groups working to This cash deposit requirement shall from 9:00 a.m. to 12:00 p.m. Central develop specifications, tolerances, and remain in effect until further notice. Time. The meeting schedule is available other requirements for devices such as Notification to Interested Parties at www.ncwm.net. those used in weigh-in-motion systems This notice serves as a final reminder ADDRESSES: This meeting will be held at for vehicle enforcement screening. to parties subject to administrative the Hyatt Regency San Antonio, 123 These notices are intended to make protective order (‘‘APO’’) of their Losoya Street, San Antonio, Texas interested parties aware of these responsibility concerning the 78205. development projects and to make them disposition of proprietary information aware that reports on the status of the FOR FURTHER INFORMATION CONTACT: Mr. disclosed under APO in accordance project will be given at the Interim Kenneth Butcher, NIST, Office of Meeting. The notices are also presented with 19 CFR 351.305(a)(3). Timely Weights and Measures, 100 Bureau written notification of the return/ to invite the participation of Drive, Stop 2600, Gaithersburg, MD manufacturers, experts, consumers, destruction of APO materials or 20899–2600. You may also contact Mr. users, and others who may be interested Butcher at (301) 975–4859 or by email in these efforts. 4 For a complete description of the scope of the at kenneth.butcher@nist.gov. The The Specifications and Tolerances Order, see Preliminary Decision Memorandum. 5 For a complete discussion of the Department’s meeting is open to the public, but a paid Committee (S&T Committee) will findings, which remain unchanged in these final registration is required. Please see the consider proposed amendments to NIST results and which are herein incorporated by NCWM Web site (www.ncwm.net) to Handbook 44, ‘‘Specifications, sradovich on DSK3GMQ082PROD with NOTICES reference and adopted by this notice, see generally view the meeting agendas, registration the Preliminary Decision Memorandum Tolerances, and other Technical accompanying the Preliminary Results. forms, and hotel reservation Requirements for Weighing and 6 See Crystalline Silicon Photovoltaic Cells, information. Measuring Devices.’’ Those items Whether or Not Assembled into Modules, from the SUPPLEMENTARY INFORMATION: address weighing and measuring People’s Republic of China: Final Results of Antidumping Duty Administrative Review and Publication of this notice on the devices used in commercial Final Determination of No Shipments; 2013–2014, NCWM’s behalf is undertaken as a applications, that is, devices that are 81 FR 39905 (June 20, 2016). public service; NIST does not endorse, used to buy from or sell to the public VerDate Sep<11>2014 20:55 Dec 16, 2016 Jkt 241001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\19DEN1.SGM 19DEN1


Document Created: 2016-12-17 03:15:49
Document Modified: 2016-12-17 03:15:49
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
DatesEffective December 19, 2016.
ContactJeff Pedersen, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2769.
FR Citation81 FR 91909 
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