81 FR 9427 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of the Changed Circumstances Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 37 (February 25, 2016)
International Trade Administration
Federal Register Volume 81, Issue 37 (February 25, 2016)
| Page Range | 9427-9428 | |
| FR Document | 2016-04061 |
[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)] [Notices] [Pages 9427-9428] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04061] ----------------------------------------------------------------------- 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 the Changed Circumstances Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On October 21, 2015, the Department of Commerce (the ``Department'') published a notice of preliminary results of a changed circumstance review (``CCR'') 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'').\1\ Based on our analysis of the comments from interested parties, we continue to find that Neo Solar Power Corporation (``Neo Solar'') is not the successor-in-interest to DelSolar Co., Ltd. (``DelSolar Taiwan'') for purposes of determining AD liability in this proceeding for these final results and, as such, is subject to the PRC- wide entity cash deposit rate with respect to entries of subject merchandise. --------------------------------------------------------------------------- \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Preliminary Results of the Changed Circumstances Review, 80 FR 63743 (October 21, 2015) (``Preliminary Results''). We note that although the request was submitted on behalf of DelSolar Taiwan, the purported predecessor company, the request also states that DelSolar Taiwan no longer exists as a legal entity. --------------------------------------------------------------------------- DATES: Effective: February 25, 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 The Department initiated this CCR on March 18, 2015, and published the Preliminary Results on October 21, 2015.\2\ For a description of events that have occurred since the Preliminary Results, see the Issues and Decision Memorandum.\3\ 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 http://access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \2\ See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Initiation of Changed Circumstances Review, 80 FR 15568 (March 24, 2015) (``Initiation Notice''); see also Preliminary Results. \3\ See ``Issues and Decision Memorandum for the Final Results of the Antidumping Duty Changed Circumstances Review of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Neo Solar Power Corporation and DelSolar Co., Ltd.,'' dated concurrently with and hereby adopted in this notice. --------------------------------------------------------------------------- As explained in the memorandum from the Acting Assistant Secretary for Enforcement and Compliance, the Department has exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government. All deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the final results of this review is now February 18, 2016.\4\ --------------------------------------------------------------------------- \4\ See Memorandum to the Record from Ron Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, regarding ``Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas,'' dated January 27, 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. Merchandise covered by this order is currently classified in the Harmonized Tariff System of the United States (``HTSUS'') under subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this order is dispositive. A complete description of the scope of the order is contained in the Issues and Decision Memorandum.\5\ --------------------------------------------------------------------------- \5\ See ``Issues and Decision Memorandum for the Final Results of the Antidumping Duty Changed Circumstances Review of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Neo Solar Power Corporation and DelSolar Co., Ltd.,'' dated concurrently with and hereby adopted in this notice. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised by interested parties in the case briefs are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is appended to this notice. Final Results of the Changed Circumstances Review Upon review of the comments received, the Department continues to find based upon the totality of the circumstances that material changes occurred after DelSolar Taiwan merged with, and became part of, Neo Solar, including significant changes in management, the board of directors, and ownership and, further, that Neo Solar did not demonstrate that its operations, with respect to the subject merchandise, were materially similar to the operations of DelSolar Taiwan pertaining to supplier relationships and customer base, as discussed in the Preliminary Results and the Issues and Decision Memorandum. Therefore, in these final results, the Department continues to find that Neo Solar is not the successor-in-interest to DelSolar Taiwan for purposes of antidumping duty liability in this proceeding. Instructions to U.S. Customs and Border Protection As a result of this determination, the Department finds that Neo Solar is subject to the cash deposit rate currently assigned to the PRC-wide entity with respect to the subject merchandise (i.e., [[Page 9428]] 238.95 percent).\6\ Consequently, the Department will instruct U.S. Customs and Border Protection to continue suspension of liquidation and to collect estimated antidumping duties for all shipments of subject merchandise produced by DelSolar Wujiang and exported by Neo Solar at the current cash deposit rate currently applicable to such entries, i.e., the cash deposit rate of 238.95 percent assigned to the PRC-wide entity.\7\ This cash deposit requirement shall remain in effect until further notice. --------------------------------------------------------------------------- \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; 2012-2013, 80 FR 40998 (July 14, 2015). \7\ Id. --------------------------------------------------------------------------- Notification to Parties This notice is the only 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 or 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. The Department is issuing and publishing these results in accordance with sections 751(b)(1) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.216 and 19 CFR 351.221(c)(3)(i). Dated: February 17, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of Issues V. Summary of Findings VI. Recommendation [FR Doc. 2016-04061 Filed 2-24-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices 9427
preliminary determinations are now due FOR FURTHER INFORMATION CONTACT: Erin cells, and modules, laminates, and
no later than June 13, 2016.4 In Kearney, AD/CVD Operations, Office IV, panels, consisting of crystalline silicon
accordance with section 705(a)(1) of the Enforcement and Compliance, photovoltaic cells, whether or not
Act and 19 CFR 351.210(b)(1), the International Trade Administration, partially or fully assembled into other
deadline for the final determinations of U.S. Department of Commerce, 14th products, including, but not limited to,
these investigations will continue to be Street and Constitution Avenue NW., modules, laminates, panels and building
75 days after the date of the preliminary Washington, DC 20230; telephone: (202) integrated materials. Merchandise
determinations, unless postponed at a 482–0167. covered by this order is currently
later date. SUPPLEMENTARY INFORMATION: classified in the Harmonized Tariff
This notice is issued and published System of the United States (‘‘HTSUS’’)
pursuant to section 703(c)(2) of the Act Background under subheadings 8501.61.0000,
and 19 CFR 351.205(f)(1). The Department initiated this CCR on 8507.20.80, 8541.40.6020, 8541.40.6030,
Dated: February 18, 2016. March 18, 2015, and published the and 8501.31.8000. These HTSUS
Ronald K. Lorentzen, Preliminary Results on October 21, subheadings are provided for
2015.2 For a description of events that convenience and customs purposes; the
Acting Assistant Secretary for Enforcement
and Compliance. have occurred since the Preliminary written description of the scope of this
Results, see the Issues and Decision order is dispositive. A complete
[FR Doc. 2016–04064 Filed 2–24–16; 8:45 am]
Memorandum.3 The Issues and Decision description of the scope of the order is
BILLING CODE 3510–DS–P
Memorandum is a public document and contained in the Issues and Decision
is on file electronically via Enforcement Memorandum.5
DEPARTMENT OF COMMERCE and Compliance’s Antidumping and
Analysis of Comments Received
Countervailing Duty Centralized
International Trade Administration Electronic Service System (‘‘ACCESS’’). All issues raised by interested parties
ACCESS is available to registered users in the case briefs are addressed in the
[A–570–979] at http://access.trade.gov, and is Issues and Decision Memorandum. A
available to all parties in the Central list of the issues addressed in the Issues
Crystalline Silicon Photovoltaic Cells, and Decision Memorandum is appended
Records Unit, Room B8024 of the main
Whether or Not Assembled Into to this notice.
Department of Commerce building. In
Modules, From the People’s Republic
addition, a complete version of the Final Results of the Changed
of China: Final Results of the Changed
Issues and Decision Memorandum can Circumstances Review
Circumstances Review
be accessed directly at http://
AGENCY: Enforcement and Compliance, enforcement.trade.gov/frn/index.html. Upon review of the comments
International Trade Administration, The signed Issues and Decision received, the Department continues to
Department of Commerce. Memorandum and the electronic find based upon the totality of the
versions of the Issues and Decision circumstances that material changes
SUMMARY: On October 21, 2015, the
Memorandum are identical in content. occurred after DelSolar Taiwan merged
Department of Commerce (the
As explained in the memorandum with, and became part of, Neo Solar,
‘‘Department’’) published a notice of
from the Acting Assistant Secretary for including significant changes in
preliminary results of a changed
Enforcement and Compliance, the management, the board of directors, and
circumstance review (‘‘CCR’’) of the
Department has exercised its discretion ownership and, further, that Neo Solar
antidumping duty (‘‘AD’’) order on
to toll all administrative deadlines due did not demonstrate that its operations,
crystalline silicon photovoltaic cells,
to the recent closure of the Federal with respect to the subject merchandise,
whether or not assembled into modules
Government. All deadlines in this were materially similar to the operations
(‘‘solar cells’’), from the People’s
segment of the proceeding have been of DelSolar Taiwan pertaining to
Republic of China (‘‘PRC’’).1 Based on
extended by four business days. The supplier relationships and customer
our analysis of the comments from base, as discussed in the Preliminary
interested parties, we continue to find revised deadline for the final results of
this review is now February 18, 2016.4 Results and the Issues and Decision
that Neo Solar Power Corporation (‘‘Neo Memorandum. Therefore, in these final
Solar’’) is not the successor-in-interest Scope of the Order results, the Department continues to
to DelSolar Co., Ltd. (‘‘DelSolar find that Neo Solar is not the successor-
The merchandise covered by this
Taiwan’’) for purposes of determining in-interest to DelSolar Taiwan for
order is crystalline silicon photovoltaic
AD liability in this proceeding for these purposes of antidumping duty liability
final results and, as such, is subject to 2 See Crystalline Silicon Photovoltaic Cells, in this proceeding.
the PRC-wide entity cash deposit rate Whether or Not Assembled Into Modules, from the
with respect to entries of subject People’s Republic of China: Initiation of Changed Instructions to U.S. Customs and
merchandise. Circumstances Review, 80 FR 15568 (March 24, Border Protection
2015) (‘‘Initiation Notice’’); see also Preliminary
DATES: Effective: February 25, 2016. Results. As a result of this determination, the
3 See ‘‘Issues and Decision Memorandum for the Department finds that Neo Solar is
4 See Notice of Clarification: Application of ‘‘Next Final Results of the Antidumping Duty Changed subject to the cash deposit rate currently
Business Day’’ Rule for Administrative Circumstances Review of Crystalline Silicon
Determination Deadlines Pursuant to the Tariff Act Photovoltaic Cells, Whether or Not Assembled Into
assigned to the PRC-wide entity with
of 1930, As Amended, 70 FR 24533 (May 10, 2005). Modules, from the People’s Republic of China: Neo respect to the subject merchandise (i.e.,
mstockstill on DSK4VPTVN1PROD with NOTICES
1 See Crystalline Silicon Photovoltaic Cells, Solar Power Corporation and DelSolar Co., Ltd.,’’
Whether or Not Assembled Into Modules, from the dated concurrently with and hereby adopted in this 5 See ‘‘Issues and Decision Memorandum for the
People’s Republic of China: Preliminary Results of notice. Final Results of the Antidumping Duty Changed
the Changed Circumstances Review, 80 FR 63743 4 See Memorandum to the Record from Ron Circumstances Review of Crystalline Silicon
(October 21, 2015) (‘‘Preliminary Results’’). We note Lorentzen, Acting Assistant Secretary for Photovoltaic Cells, Whether or Not Assembled Into
that although the request was submitted on behalf Enforcement and Compliance, regarding ‘‘Tolling of Modules, from the People’s Republic of China: Neo
of DelSolar Taiwan, the purported predecessor Administrative Deadlines As a Result of the Solar Power Corporation and DelSolar Co., Ltd.,’’
company, the request also states that DelSolar Government Closure During Snowstorm Jonas,’’ dated concurrently with and hereby adopted in this
Taiwan no longer exists as a legal entity. dated January 27, 2016. notice.
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![9428 Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices
238.95 percent).6 Consequently, the DEPARTMENT OF COMMERCE In accordance with section 702(b)(1)
Department will instruct U.S. Customs of the Tariff Act of 1930, as amended
and Border Protection to continue International Trade Administration (the Act), the petitioner alleges that
suspension of liquidation and to collect producers/exporters of truck and bus
[C–570–041] tires in the PRC received
estimated antidumping duties for all
shipments of subject merchandise Truck and Bus Tires From the People’s countervailable subsidies within the
produced by DelSolar Wujiang and Republic of China: Initiation of meaning of sections 701 and 771(5) of
exported by Neo Solar at the current Countervailing Duty Investigation the Act, and that imports from these
cash deposit rate currently applicable to producers/exporters are materially
such entries, i.e., the cash deposit rate AGENCY: Enforcement and Compliance, injuring, or threatening material injury
of 238.95 percent assigned to the PRC- International Trade Administration, to, an industry in the United States.
wide entity.7 This cash deposit Department of Commerce. Also, consistent with section 702(b)(1)
DATES: Effective: February 25, 2016. of the Act, the Petition is accompanied
requirement shall remain in effect until
by information reasonably available to
further notice. FOR FURTHER INFORMATION CONTACT:
the petitioner in support of its
Jennifer Shore or Mark Kennedy, AD/ allegations.
Notification to Parties
CVD Operations, Office I, Enforcement The Department finds that the
This notice is the only reminder to and Compliance, International Trade petitioner filed the petition on behalf of
parties subject to administrative Administration, U.S. Department of the domestic industry because the
protective order (‘‘APO’’) of their Commerce, 1401 Constitution Avenue petitioner is an interested party as
responsibility concerning the NW., Washington, DC 20230; telephone defined in section 771(9)(D) of the Act,
disposition of proprietary information (202) 482–2778, or (202) 482–1293, and has demonstrated sufficient
disclosed under APO in accordance respectively. industry support with respect to the
with 19 CFR 351.305(a)(3). Timely SUPPLEMENTARY INFORMATION: initiation of the CVD investigation that
written notification of the return or it is requesting.4
The Petition
destruction of APO materials or Period of Investigation
conversion to judicial protective order is On January 29, 2016, the Department
hereby requested. Failure to comply of Commerce (the Department) received The period of investigation (POI) is
with the regulations and terms of an a countervailing duty (CVD) petition calendar year 2015, in accordance with
APO is a sanctionable violation. concerning imports of certain truck and 19 CFR 351.204(b)(2).
bus tires from the People’s Republic of
The Department is issuing and China (the PRC), filed in proper form by Scope of the Investigation
publishing these results in accordance the United Steel, Paper and Forestry, The product covered by this
with sections 751(b)(1) and 777(i) of the Rubber, Manufacturing, Energy, Allied investigation is truck and bus tires from
Tariff Act of 1930, as amended, and 19 Industrial and Service Workers the PRC. For a full description of the
CFR 351.216 and 19 CFR International Union, AFL–CIO, CLC scope of the investigation, see the
351.221(c)(3)(i). (USW) (USW or the petitioner).1 The ‘‘Scope of the Investigation’’ at the
Dated: February 17, 2016. CVD petition was accompanied by an Appendix of this notice.
antidumping duty (AD) petition
Ronald K. Lorentzen, Comments on the Scope of the
concerning imports of truck and bus
Acting Assistant Secretary for Enforcement Investigation
tires from the PRC. The petitioner is a
and Compliance. recognized union, which represents the During our review of the petition, we
Appendix domestic industry engaged in the issued questions to, and received
manufacture of truck and bus tires in responses from, the petitioner
List of Topics Discussed in the Issues and the United States. On February 3 and pertaining to the proposed scope in
Decision Memorandum February 5, 2016, the Department order to ensure that the language of the
I. Summary requested additional information and scope is an accurate reflection of the
II. Background clarification of certain areas of the products for which the domestic
III. Scope of the Order Petition 2 and on February 5 and industry is seeking relief.5 As discussed
IV. Discussion of Issues February 9, 2016, the petitioner filed in the Preamble to our regulations, we
V. Summary of Findings supplements to the Petition.3 are setting aside a period for interested
VI. Recommendation parties to raise issues regarding product
[FR Doc. 2016–04061 Filed 2–24–16; 8:45 am] 1 See ‘‘Petition for the Imposition of coverage (scope).6 The period for scope
Countervailing Duties on Imports of Truck and Bus comments is intended to provide the
BILLING CODE 3510–DS–P
Tires from the People’s Republic of China’’ dated
January 29, 2016 (the Petition).
Department with ample opportunity to
2 See Letters to the petitioner, ‘‘Petition for the consider all comments and to consult
Imposition of Antidumping and Countervailing with parties prior to the issuance of the
Duties on Imports of Truck and Bus Tires from the preliminary determination. If scope
People’s Republic of China: Supplemental
Questions’’ dated February 3, 2016 (General Issues
Supplemental Questions) and ‘‘Petition for the Countervailing Duty Petition,’’ dated February 9,
Imposition of Countervailing Duties on Imports of 2016.
mstockstill on DSK4VPTVN1PROD with NOTICES
4 See ‘‘Determination of Industry Support for the
Certain Truck and Bus Tires from the People’s
6 See Crystalline Silicon Photovoltaic Cells, Republic of China: Supplemental Questions’’ dated Petition’’ section, below.
February 5, 2016 (CVD Supplemental Questions). 5 See General Issues Supplemental Questionnaire;
Whether or Not Assembled Into Modules, From the 3 See ‘‘Petitioner’s Response to the Department’s see also General Issues Supplement at 2 and Exhibit
People’s Republic of China: Final Results of I–SQ–1, and the memorandum to the File entitled
February 3, 2016 Supplemental Questions
Antidumping Duty Administrative Review and Regarding General Issues’’ dated February 5, 2016 ‘‘Phone Call with Counsel to the Petitioner’’ dated
Final Determination of No Shipments; 2012–2013, (General Issues Supplement); see also ‘‘Petitioner’s February 12, 2016.
80 FR 40998 (July 14, 2015). Response to the Department’s February 5 6 See Antidumping Duties; Countervailing Duties
7 Id. Supplemental Questions Regarding the (Final Rule); 62 FR 27296, 27323 (May 19, 1997).
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Document Created: 2018-02-02 14:35:10
Document Modified: 2018-02-02 14:35:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective: February 25, 2016. | |
| 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 9427 |
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