82_FR_12604 82 FR 12562 - Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Preliminary Intent To Rescind, in Part; 2014-2015

82 FR 12562 - Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Preliminary Intent To Rescind, in Part; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 42 (March 6, 2017)

Page Range12562-12564
FR Document2017-04267

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of crystalline silicon photovoltaic products (solar products), from the People's Republic of China (PRC). The period of review (POR) is June 10, 2014, through December 31, 2015. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 82 Issue 42 (Monday, March 6, 2017)
[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12562-12564]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04267]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-011]


Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China: Preliminary Results of Countervailing Duty 
Administrative Review and Preliminary Intent To Rescind, in Part; 2014-
2015

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of crystalline silicon photovoltaic products 
(solar products), from the People's Republic of China (PRC). The period 
of review (POR) is June 10, 2014, through December 31, 2015. Interested 
parties are invited to comment on these preliminary results.

DATES: Effective March 6, 2017.

FOR FURTHER INFORMATION CONTACT: Joseph Traw, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, 
DC 20230; telephone: (202) 482-6079.

SUPPLEMENTARY INFORMATION: 

Background

    On February 18, 2015, the Department issued a countervailing duty 
(CVD) order on solar products from the PRC.\1\ Several interested 
parties requested that the Department conduct an administrative review 
of the countervailing duty order, and on April 7, 2016, the Department 
published in the Federal Register a notice of initiation of an 
administrative review of the CVD Order for 31 producers/exporters for 
the POR.\2\
---------------------------------------------------------------------------

    \1\ See Certain Crystalline Silicon Photovoltaic Products from 
the People's Republic of China: Antidumping Duty Order; and Amended 
Final Affirmative Countervailing Duty Determination and 
Countervailing Duty Order, 80 FR 8592 (February 18, 2015) (CVD 
Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 20324 (April 7, 2016) (Initiation 
Notice).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order are certain crystalline silicon 
photovoltaic products from the PRC. A full description of the scope of 
the order is contained in the Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------

    \3\ See ``Decision Memorandum for the Preliminary Results of the 
Countervailing Duty Administrative Review of Certain Crystalline 
Silicon Photovoltaic Products from the People's Republic of China; 
2014,'' dated concurrently with this notice (Preliminary Decision 
Memorandum) and hereby adopted by this notice.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this CVD 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 by an 
``authority'' that confers a benefit to the recipient, and that the 
subsidy is specific.\4\ For a full description of the methodology 
underlying our preliminary conclusions, including our reliance, in 
part, on adverse facts available pursuant to sections 776(a) and (b) of 
the Act, see the Preliminary Decision Memorandum.\5\ The Preliminary 
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 7046 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
Internet at http://enforcement.trade.gov/frn/index.html. The signed 
Preliminary Decision Memorandum and the electronic versions of the 
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \4\ 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(5A) of the Act regarding specificity.
    \5\ A list of topics discussed in the Preliminary Decision 
Memorandum can be found as an appendix to this notice.
---------------------------------------------------------------------------

Intent To Partially Rescind the Administrative Review, and Partial 
Rescission of Administrative Review

    For an administrative review to be conducted, there must be a 
reviewable, suspended entry to be liquidated at the newly calculated 
assessment rate.\6\ Thus, it is the Department's practice to rescind an 
administrative review when there are no reviewable entries of subject 
merchandise during the POR for which liquidation is suspended.\7\ We 
preliminarily find that BYD (Shangluo) Industrial Co., Ltd. had no 
reviewable entries subject to the CVD Order and, consistent with our 
practice, the Department intends to rescind its review of BYD, 
consistent with 19 CFR 351.213(d)(3). We invite parties to comment on 
this preliminary intent to rescind and will consider any comments 
received for the final results.
---------------------------------------------------------------------------

    \6\ See section 751(a)(2)(A) of the Act (stating that an 
administrative review determines the normal value, export price or 
constructed export price, and dumping margin of an ``entry''); 19 
CFR 351.212(b)(1) (At the end of the administrative review, the 
suspended entries are liquidated at the assessment rate computed for 
the review period).
    \7\ See, e.g., Certain Tissue Paper Products from the People's 
Republic of China: Preliminary Results and Partial Rescission of 
Antidumping Duty Administrative Review, 73 FR 18497, 18499-18500 
(April 4, 2008) (unchanged in final); Solid Fertilizer Grade 
Ammonium Nitrate from the Russian Federation: Rescission of 
Antidumping Duty Administrative Review, 77 FR 65532 (October 29, 
2012), and accompanying IDM at Issue 2.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. Yingli Energy

[[Page 12563]]

(China) Co., Ltd., Baoding Tianwei Yingli New Energy Resources Co., 
Ltd., Baoding Jiasheng Photovoltaic Technology Co. Ltd.;, Beijing 
Tianneng Yingli New Energy Resources Co. Ltd., Hainan Yingli New Energy 
Resources Co., Ltd., Hengshui Yingli New Energy Resources Co., Ltd., 
Lixian Yingli New Energy Resources Co., Ltd., Tianjin Yingli New Energy 
Resources Co., Ltd., Shenzhen Yingli New Energy Resources Co., Ltd., 
and Yingli Green Energy International Trading Company Limited; Canadian 
Solar Inc., Canadian Solar International, Ltd., Canadian Solar 
Manufacturing (Changshu), Inc., Canadian Solar Manufacturing (Luoyang), 
Inc., and Canadian Solar (USA) Inc.; Jinko Solar Co., Ltd., JinkoSolar 
(U.S.) Inc., Jinko Solar Import and Export Co., Ltd., and Zhejiang 
Jinko Solar Co., Ltd.; Shanghai BYD Co., Ltd.; Shenzhen Jiawei 
Photovoltaic Lighting Co., Ltd.; and Wuxi Suntech Power Co., Ltd. 
timely withdrew their requests for review.\8\ No other party requested 
a review of these producers/exporters. Therefore, in accordance with 19 
CFR 351.213(d)(1), the Department is rescinding this review of the CVD 
order on solar products from the PRC with respect to these companies.
---------------------------------------------------------------------------

    \8\ See Letter to the Secretary from Yingli, ``Certain 
Crystalline Silicon Photovoltaic Products from the People's Republic 
of China: Yingli's Withdrawal of Request for Administrative 
Review,'' (March 30, 2016); Letter to the Secretary from Canadian 
Solar, ``Certain Crystalline Silicon Photovoltaic Products from the 
People's Republic of China: Canadian Solar's Withdrawal of Request 
for Administrative Review,'' (April 22, 2016); Letter to the 
Secretary from Jinko, ``Certain Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: Jinko's Withdrawal of 
Request for Administrative Review,'' (April 27, 2016); Letter to the 
Secretary from Shanghai BYD, ``Certain Crystalline Silicon 
Photovoltaic Products, from the People's Republic of China: 
Withdrawal of Request for Review for Shanghai BYD Co., Ltd.,'' (May 
31, 2016); Letter to the Secretary from Dorfman Pacific Co., Ltd., 
``Certain Crystalline Silicon Photovoltaic Products from the 
People's Republic of China: Dorfman Pacific Co., Ltd.'s Withdrawal 
of Request for Administrative Review,'' (July 1, 2016); and Letter 
to the Secretary from Suntech, ``Certain Crystalline Silicon 
Photovoltaic Products from the People's Republic of China: 
Withdrawal of Request for Administrative Review--Wuxi Suntech Power 
Co., Ltd.,'' (July 5, 2016).
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Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Changzhou Trina Solar Energy Co., Ltd. and its cross-owned         13.93
 affiliates \9\.............................................
Non-Selected Companies under Review \10\....................       13.93
------------------------------------------------------------------------

Preliminary Rate for the Non-Selected Companies Under Review

    The statute and the Department's regulations do not directly 
address the establishment of rates to be applied to companies not 
selected for individual examination where the Department limits its 
examination in an administrative review pursuant to section 777A(e)(2) 
of the Act. However, the Department normally determines the rates for 
non-selected companies in reviews in a manner that is consistent with 
section 705(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in an investigation.
---------------------------------------------------------------------------

    \9\ Cross-owned affiliates are: Trina Solar (Changzhou) Science 
& Technology Co., Ltd.; Yancheng Trina Solar Energy Technology Co., 
Ltd.; Changzhou Trina Solar Yabang Energy Co., Ltd.; Hubei Trina 
Solar Energy Co., Ltd.; Turpan Trina Solar Energy Co., Ltd.; and 
Changzhou Trina PV Ribbon Materials Co., Ltd. See Preliminary 
Decision Memorandum.
    \10\ See Appendix II to this notice.
---------------------------------------------------------------------------

    Section 705(c)(5)(A)(i) of the Act instructs the Department as a 
general rule to calculate an all others rate using the weighted average 
of the subsidy rates established for the producers/exporters 
individually examined, excluding any zero, de minimis, or rates based 
entirely on facts available. In this review, the preliminary subsidy 
rate calculated for Changzhou Trina Solar Energy Co., Ltd. and its 
cross-owned affiliates (Trina Solar) is above de minimis and is not 
based entirely on facts available. Therefore, for the companies for 
which a review was requested that were not selected as mandatory 
company respondents, and for which we did not receive a timely request 
for withdrawal of review, and which we are not finding to be cross-
owned with the mandatory company respondents, we are preliminarily 
basing the subsidy rate on the subsidy rate calculated for Trina Solar. 
For a list of these non-selected companies, please see the Appendix II 
to this notice.

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with this preliminary 
determination within five days of publication of this notice in the 
Federal Register.\11\ Interested parties may submit case and rebuttal 
briefs, as well as request a hearing.\12\ Interested parties may submit 
written comments (case briefs) within 30 days of publication of the 
preliminary results and rebuttal comments (rebuttal briefs) within five 
days after the time limit for filing case briefs.\13\ Rebuttal briefs 
must be limited to issues raised in the case briefs.\14\ Parties who 
submit case or rebuttal briefs are requested to submit with the 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\15\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.224(b).
    \12\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
    \13\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
    \14\ See 19 CFR 351.309(d)(2).
    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system.\16\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. If a request for a hearing is made, 
we will inform parties of the scheduled date for the hearing which will 
be held at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, at a time and location 
to be determined.\17\ Parties should confirm by telephone the date, 
time, and location of the hearing. Issues addressed at the hearing will 
be limited to those raised in the briefs.\18\ All briefs and hearing 
requests must be filed electronically and received successfully in 
their entirety through ACCESS by 5:00 p.m. Eastern Time on the due 
date.
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 351.310.
    \18\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, we intend to issue the final results of this administrative 
review, including the results of our analysis of the issues raised by 
the parties in their comments, within 120 days after issuance of these 
preliminary results.

Assessment Rates and Cash Deposit Requirement

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
assigned subsidy rates in the amounts shown above for the producer/
exporters shown above. Upon issuance of the final results, the 
Department shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, CVDs on all appropriate entries covered by this 
review. We intend to issue instructions to CBP 15 days after 
publication of the final results of review.
    Pursuant to section 751(a)(2)(C) of the Act, the Department also 
intends to instruct CBP to collect cash deposits of estimated CVDs, in 
the amounts shown

[[Page 12564]]

above for each of the respective companies shown above, on shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this review. For all non-reviewed firms, we will instruct CBP to 
continue to collect cash deposits at the most-recent company-specific 
or all-others rate applicable to the company, as appropriate. These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: February 28, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Intent To Partially Rescind Review
IV. Non-Selected Companies Under Review
V. Scope of the Order
VI. Application of the Countervailing Duty Law to Imports From the 
PRC
VII. Diversification of the PRC's Economy
VIII. Subsidy Valuation
IX. Interest Rate Benchmarks, Discount Rates, Input, Electricity, 
and Land Benchmarks
X. Use of Facts Otherwise Available and Adverse Inferences
XI. Analysis of Programs
XII. Verification
XIII. Disclosure and Public Comment
XIV. Conclusion

Appendix II--Non-Selected Companies Under Review

1. Chint Solar (Zhejiang) Co., Ltd.
2. Hefei JA Solar Technology Co., Ltd.
3. Perlight Solar Co., Ltd.
4. Risen Energy Co., Ltd.
5. Shanghai JA Solar Technology Co., Ltd.
6. Shenzhen Sungold Solar Co., Ltd.
7. Sunny Apex Development Limited

[FR Doc. 2017-04267 Filed 3-3-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    12562                          Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices

                                                    Decision Memorandum can be accessed                     December 31, 2015. Interested parties                 sections 776(a) and (b) of the Act, see
                                                    directly on the Internet at http://                     are invited to comment on these                       the Preliminary Decision
                                                    enforcement.trade.gov/frn/. The signed                  preliminary results.                                  Memorandum.5 The Preliminary
                                                    Issues and Decision Memorandum and                      DATES: Effective March 6, 2017.                       Decision Memorandum is a public
                                                    the electronic version of the Issues and                FOR FURTHER INFORMATION CONTACT:                      document and is on file electronically
                                                    Decision Memorandum are identical in                    Joseph Traw, AD/CVD Operations,                       via Enforcement and Compliance’s
                                                    content.                                                Office VII, Enforcement and                           Antidumping and Countervailing Duty
                                                                                                            Compliance, International Trade                       Centralized Electronic Service System
                                                    Final Results of Review                                                                                       (ACCESS). ACCESS is available to
                                                                                                            Administration, U.S. Department of
                                                       Pursuant to sections 751(c) and                      Commerce, 1401 Constitution Avenue                    registered users at http://
                                                    752(c)(1) and (3) of the Act, we                        NW., Washington, DC 20230; telephone:                 access.trade.gov, and is available to all
                                                    determine that revocation of the                        (202) 482–6079.                                       parties in the Central Records Unit,
                                                    antidumping duty order on cement and                                                                          room 7046 of the main Department of
                                                                                                            SUPPLEMENTARY INFORMATION:
                                                    clinker from Japan would be likely to                                                                         Commerce building. In addition, a
                                                    lead to continuation or recurrence of                   Background                                            complete version of the Preliminary
                                                    dumping at weighted-average dumping                        On February 18, 2015, the Department               Decision Memorandum can be accessed
                                                    margins up to 69.89 percent.                            issued a countervailing duty (CVD)                    directly on the Internet at http://
                                                                                                            order on solar products from the PRC.1                enforcement.trade.gov/frn/index.html.
                                                    Administrative Protective Order
                                                                                                            Several interested parties requested that             The signed Preliminary Decision
                                                      This notice also serves as the only                   the Department conduct an                             Memorandum and the electronic
                                                    reminder to parties subject to                          administrative review of the                          versions of the Preliminary Decision
                                                    administrative protective order (‘‘APO’’)               countervailing duty order, and on April               Memorandum are identical in content.
                                                    of their responsibility concerning the                  7, 2016, the Department published in
                                                    return or destruction of proprietary                                                                          Intent To Partially Rescind the
                                                                                                            the Federal Register a notice of                      Administrative Review, and Partial
                                                    information disclosed under APO in                      initiation of an administrative review of
                                                    accordance with 19 CFR 351.305.                                                                               Rescission of Administrative Review
                                                                                                            the CVD Order for 31 producers/
                                                    Timely notification of the return of                    exporters for the POR.2                                 For an administrative review to be
                                                    destruction of APO materials or                                                                               conducted, there must be a reviewable,
                                                    conversion to judicial protective order is              Scope of the Order                                    suspended entry to be liquidated at the
                                                    hereby requested. Failure to comply                       The products covered by the order are               newly calculated assessment rate.6
                                                    with the regulations and terms of an                    certain crystalline silicon photovoltaic              Thus, it is the Department’s practice to
                                                    APO is a violation which is subject to                  products from the PRC. A full                         rescind an administrative review when
                                                    sanction.                                               description of the scope of the order is              there are no reviewable entries of
                                                      This sunset review and notice are in                  contained in the Preliminary Decision                 subject merchandise during the POR for
                                                    accordance with sections 751(c), 752(c),                Memorandum.3                                          which liquidation is suspended.7 We
                                                    and 777(i)(1) of the Act.                                                                                     preliminarily find that BYD (Shangluo)
                                                                                                            Methodology                                           Industrial Co., Ltd. had no reviewable
                                                      Dated: February 27, 2017.
                                                                                                               The Department is conducting this                  entries subject to the CVD Order and,
                                                    Ronald K. Lorentzen,
                                                                                                            CVD review in accordance with section                 consistent with our practice, the
                                                    Acting Assistant Secretary for Enforcement
                                                                                                            751(a)(1)(A) of the Tariff Act of 1930, as            Department intends to rescind its
                                                    and Compliance.
                                                                                                            amended (the Act). For each of the                    review of BYD, consistent with 19 CFR
                                                    [FR Doc. 2017–04262 Filed 3–3–17; 8:45 am]
                                                                                                            subsidy programs found                                351.213(d)(3). We invite parties to
                                                    BILLING CODE 3510–DS–P
                                                                                                            countervailable, we determine that there              comment on this preliminary intent to
                                                                                                            is a subsidy, i.e., a financial                       rescind and will consider any comments
                                                                                                            contribution by an ‘‘authority’’ that                 received for the final results.
                                                    DEPARTMENT OF COMMERCE                                                                                          Pursuant to 19 CFR 351.213(d)(1), the
                                                                                                            confers a benefit to the recipient, and
                                                    International Trade Administration                      that the subsidy is specific.4 For a full             Department will rescind an
                                                                                                            description of the methodology                        administrative review, in whole or in
                                                    [C–570–011]                                             underlying our preliminary conclusions,               part, if the parties that requested a
                                                                                                            including our reliance, in part, on                   review withdraw the request within 90
                                                    Certain Crystalline Silicon Photovoltaic                adverse facts available pursuant to                   days of the date of publication of the
                                                    Products From the People’s Republic                                                                           notice of initiation. Yingli Energy
                                                    of China: Preliminary Results of                          1 See Certain Crystalline Silicon Photovoltaic
                                                    Countervailing Duty Administrative                      Products from the People’s Republic of China:           5 A list of topics discussed in the Preliminary

                                                    Review and Preliminary Intent To                        Antidumping Duty Order; and Amended Final             Decision Memorandum can be found as an
                                                    Rescind, in Part; 2014–2015                             Affirmative Countervailing Duty Determination and     appendix to this notice.
                                                                                                            Countervailing Duty Order, 80 FR 8592 (February         6 See section 751(a)(2)(A) of the Act (stating that

                                                    AGENCY:  Enforcement and Compliance,                    18, 2015) (CVD Order).                                an administrative review determines the normal
                                                                                                              2 See Initiation of Antidumping and
                                                    International Trade Administration,                                                                           value, export price or constructed export price, and
                                                                                                            Countervailing Duty Administrative Reviews, 81 FR     dumping margin of an ‘‘entry’’); 19 CFR
                                                    Department of Commerce.                                 20324 (April 7, 2016) (Initiation Notice).            351.212(b)(1) (At the end of the administrative
                                                    SUMMARY: The Department of Commerce                       3 See ‘‘Decision Memorandum for the Preliminary     review, the suspended entries are liquidated at the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    (the Department) preliminarily                          Results of the Countervailing Duty Administrative     assessment rate computed for the review period).
                                                                                                            Review of Certain Crystalline Silicon Photovoltaic      7 See, e.g., Certain Tissue Paper Products from the
                                                    determines that countervailable                         Products from the People’s Republic of China;         People’s Republic of China: Preliminary Results and
                                                    subsidies are being provided to                         2014,’’ dated concurrently with this notice           Partial Rescission of Antidumping Duty
                                                    producers and exporters of crystalline                  (Preliminary Decision Memorandum) and hereby          Administrative Review, 73 FR 18497, 18499–18500
                                                    silicon photovoltaic products (solar                    adopted by this notice.                               (April 4, 2008) (unchanged in final); Solid Fertilizer
                                                                                                              4 See sections 771(5)(B) and (D) of the Act         Grade Ammonium Nitrate from the Russian
                                                    products), from the People’s Republic of                regarding financial contribution; section 771(5)(E)   Federation: Rescission of Antidumping Duty
                                                    China (PRC). The period of review                       of the Act regarding benefit; and, section 771(5A)    Administrative Review, 77 FR 65532 (October 29,
                                                    (POR) is June 10, 2014, through                         of the Act regarding specificity.                     2012), and accompanying IDM at Issue 2.



                                               VerDate Sep<11>2014   19:24 Mar 03, 2017   Jkt 241001   PO 00000   Frm 00030   Fmt 4703   Sfmt 4703   E:\FR\FM\06MRN1.SGM   06MRN1


                                                                                            Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices                                                       12563

                                                    (China) Co., Ltd., Baoding Tianwei                               Preliminary Rate for the Non-Selected                 filing case briefs.13 Rebuttal briefs must
                                                    Yingli New Energy Resources Co., Ltd.,                           Companies Under Review                                be limited to issues raised in the case
                                                    Baoding Jiasheng Photovoltaic                                                                                          briefs.14 Parties who submit case or
                                                    Technology Co. Ltd.;, Beijing Tianneng                              The statute and the Department’s                   rebuttal briefs are requested to submit
                                                    Yingli New Energy Resources Co. Ltd.,                            regulations do not directly address the               with the argument: (1) A statement of
                                                    Hainan Yingli New Energy Resources                               establishment of rates to be applied to               the issue; (2) a brief summary of the
                                                    Co., Ltd., Hengshui Yingli New Energy                            companies not selected for individual                 argument; and (3) a table of
                                                    Resources Co., Ltd., Lixian Yingli New                           examination where the Department                      authorities.15
                                                    Energy Resources Co., Ltd., Tianjin                              limits its examination in an                             Interested parties who wish to request
                                                    Yingli New Energy Resources Co., Ltd.,                           administrative review pursuant to                     a hearing must do so within 30 days of
                                                    Shenzhen Yingli New Energy Resources                             section 777A(e)(2) of the Act. However,               publication of these preliminary results
                                                    Co., Ltd., and Yingli Green Energy                               the Department normally determines the                by submitting a written request to the
                                                    International Trading Company Limited;                           rates for non-selected companies in                   Assistant Secretary for Enforcement and
                                                    Canadian Solar Inc., Canadian Solar                              reviews in a manner that is consistent                Compliance, U.S. Department of
                                                    International, Ltd., Canadian Solar                              with section 705(c)(5) of the Act, which              Commerce, using Enforcement and
                                                    Manufacturing (Changshu), Inc.,                                  provides instructions for calculating the             Compliance’s ACCESS system.16
                                                    Canadian Solar Manufacturing                                     all-others rate in an investigation.                  Requests should contain the party’s
                                                    (Luoyang), Inc., and Canadian Solar                                 Section 705(c)(5)(A)(i) of the Act                 name, address, and telephone number,
                                                    (USA) Inc.; Jinko Solar Co., Ltd.,                               instructs the Department as a general                 the number of participants, and a list of
                                                    JinkoSolar (U.S.) Inc., Jinko Solar Import                       rule to calculate an all others rate using            the issues to be discussed. If a request
                                                    and Export Co., Ltd., and Zhejiang Jinko                         the weighted average of the subsidy                   for a hearing is made, we will inform
                                                    Solar Co., Ltd.; Shanghai BYD Co., Ltd.;                         rates established for the producers/                  parties of the scheduled date for the
                                                    Shenzhen Jiawei Photovoltaic Lighting                            exporters individually examined,                      hearing which will be held at the U.S.
                                                    Co., Ltd.; and Wuxi Suntech Power Co.,                           excluding any zero, de minimis, or rates              Department of Commerce, 14th Street
                                                    Ltd. timely withdrew their requests for                          based entirely on facts available. In this            and Constitution Avenue NW.,
                                                    review.8 No other party requested a                              review, the preliminary subsidy rate                  Washington, DC 20230, at a time and
                                                    review of these producers/exporters.                             calculated for Changzhou Trina Solar                  location to be determined.17 Parties
                                                    Therefore, in accordance with 19 CFR                             Energy Co., Ltd. and its cross-owned                  should confirm by telephone the date,
                                                    351.213(d)(1), the Department is                                 affiliates (Trina Solar) is above de                  time, and location of the hearing. Issues
                                                    rescinding this review of the CVD order                          minimis and is not based entirely on                  addressed at the hearing will be limited
                                                    on solar products from the PRC with                              facts available. Therefore, for the                   to those raised in the briefs.18 All briefs
                                                    respect to these companies.                                      companies for which a review was                      and hearing requests must be filed
                                                    Preliminary Results of Review                                    requested that were not selected as                   electronically and received successfully
                                                                                                                     mandatory company respondents, and                    in their entirety through ACCESS by
                                                      As a result of this review, we                                 for which we did not receive a timely                 5:00 p.m. Eastern Time on the due date.
                                                    preliminarily determine the                                      request for withdrawal of review, and                    Unless the deadline is extended
                                                    countervailable subsidy rates to be:                             which we are not finding to be cross-                 pursuant to section 751(a)(3)(A) of the
                                                                                                                     owned with the mandatory company                      Act, we intend to issue the final results
                                                                                                        Subsidy
                                                                     Company                             rate        respondents, we are preliminarily                     of this administrative review, including
                                                                                                       (percent)     basing the subsidy rate on the subsidy                the results of our analysis of the issues
                                                                                                                     rate calculated for Trina Solar. For a list           raised by the parties in their comments,
                                                    Changzhou Trina Solar Energy                                     of these non-selected companies, please               within 120 days after issuance of these
                                                      Co., Ltd. and its cross-owned                                  see the Appendix II to this notice.                   preliminary results.
                                                      affiliates 9 .................................        13.93
                                                    Non-Selected Companies under                                     Disclosure and Public Comment                         Assessment Rates and Cash Deposit
                                                      Review 10 .................................           13.93                                                          Requirement
                                                                                                                       The Department intends to disclose to
                                                                                                                     interested parties the calculations                      In accordance with 19 CFR
                                                      8 See Letter to the Secretary from Yingli, ‘‘Certain           performed in connection with this                     351.221(b)(4)(i), we preliminarily
                                                    Crystalline Silicon Photovoltaic Products from the               preliminary determination within five                 assigned subsidy rates in the amounts
                                                    People’s Republic of China: Yingli’s Withdrawal of
                                                    Request for Administrative Review,’’ (March 30,                  days of publication of this notice in the             shown above for the producer/exporters
                                                    2016); Letter to the Secretary from Canadian Solar,              Federal Register.11 Interested parties                shown above. Upon issuance of the final
                                                    ‘‘Certain Crystalline Silicon Photovoltaic Products              may submit case and rebuttal briefs, as               results, the Department shall determine,
                                                    from the People’s Republic of China: Canadian                                                                          and U.S. Customs and Border Protection
                                                    Solar’s Withdrawal of Request for Administrative
                                                                                                                     well as request a hearing.12 Interested
                                                    Review,’’ (April 22, 2016); Letter to the Secretary              parties may submit written comments                   (CBP) shall assess, CVDs on all
                                                    from Jinko, ‘‘Certain Crystalline Silicon                        (case briefs) within 30 days of                       appropriate entries covered by this
                                                    Photovoltaic Products from the People’s Republic of              publication of the preliminary results                review. We intend to issue instructions
                                                    China: Jinko’s Withdrawal of Request for
                                                    Administrative Review,’’ (April 27, 2016); Letter to             and rebuttal comments (rebuttal briefs)               to CBP 15 days after publication of the
                                                    the Secretary from Shanghai BYD, ‘‘Certain                       within five days after the time limit for             final results of review.
                                                    Crystalline Silicon Photovoltaic Products, from the                                                                       Pursuant to section 751(a)(2)(C) of the
                                                    People’s Republic of China: Withdrawal of Request                  9 Cross-owned affiliates are: Trina Solar           Act, the Department also intends to
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                                                    for Review for Shanghai BYD Co., Ltd.,’’ (May 31,
                                                    2016); Letter to the Secretary from Dorfman Pacific
                                                                                                                     (Changzhou) Science & Technology Co., Ltd.;           instruct CBP to collect cash deposits of
                                                                                                                     Yancheng Trina Solar Energy Technology Co., Ltd.;     estimated CVDs, in the amounts shown
                                                    Co., Ltd., ‘‘Certain Crystalline Silicon Photovoltaic
                                                                                                                     Changzhou Trina Solar Yabang Energy Co., Ltd.;
                                                    Products from the People’s Republic of China:
                                                                                                                     Hubei Trina Solar Energy Co., Ltd.; Turpan Trina
                                                    Dorfman Pacific Co., Ltd.’s Withdrawal of Request                                                                        13 See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
                                                    for Administrative Review,’’ (July 1, 2016); and                 Solar Energy Co., Ltd.; and Changzhou Trina PV
                                                                                                                                                                             14 See 19 CFR 351.309(d)(2).
                                                    Letter to the Secretary from Suntech, ‘‘Certain                  Ribbon Materials Co., Ltd. See Preliminary Decision
                                                    Crystalline Silicon Photovoltaic Products from the               Memorandum.                                             15 See 19 CFR 351.309(c)(2) and (d)(2).
                                                                                                                       10 See Appendix II to this notice.                    16 See 19 CFR 351.310(c).
                                                    People’s Republic of China: Withdrawal of Request
                                                                                                                       11 See 19 CFR 351.224(b).                             17 See 19 CFR 351.310.
                                                    for Administrative Review—Wuxi Suntech Power
                                                    Co., Ltd.,’’ (July 5, 2016).                                       12 See 19 CFR 351.309(c)–(d), 19 CFR 351.310(c).      18 See 19 CFR 351.310(c).




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                                                    12564                          Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices

                                                    above for each of the respective                        SUMMARY:   The Department of Commerce                 the Department selected Dezhou
                                                    companies shown above, on shipments                     (the Department) is conducting an                     Kaihang and Kangfa as mandatory
                                                    of subject merchandise entered, or                      administrative review of the                          respondents and issued antidumping
                                                    withdrawn from warehouse, for                           antidumping duty order on certain                     questionnaires to these companies.4
                                                    consumption on or after the date of                     preserved mushrooms from the People’s                 Dezhou Kaihang timely submitted
                                                    publication of the final results of this                Republic of China (the PRC). The period               questionnaire responses, but Kangfa did
                                                    review. For all non-reviewed firms, we                  of review (POR) is February 1, 2015,                  not respond to the Department’s request
                                                    will instruct CBP to continue to collect                through January 31, 2016. The                         for information.
                                                    cash deposits at the most-recent                        Department preliminarily determines
                                                                                                                                                                  Scope of the Order
                                                    company-specific or all-others rate                     that, during the POR, one mandatory
                                                    applicable to the company, as                           respondent, Dezhou Kaihang                              The products covered by this order
                                                    appropriate. These cash deposit                         Agricultural Science Technology Co.                   are certain preserved mushrooms. The
                                                    requirements, when imposed, shall                       Ltd. (Dezhou Kaihang) did not sell                    merchandise subject to this order is
                                                    remain in effect until further notice.                  subject merchandise below normal                      classifiable under subheadings:
                                                      These preliminary results are issued                  value (NV). We also preliminarily                     2003.10.0127, 2003.10.0131,
                                                    and published in accordance with                        determine that the other mandatory                    2003.10.0137, 2003.10.0143,
                                                    sections 751(a)(1) and 777(i)(1) of the                 respondent, Linyi City Kangfa Foodstuff               2003.10.0147, 2003.10.0153, and
                                                    Act, and 19 CFR 351.221(b)(4).                          Drinkable Co., Ltd. (Kangfa) has not                  0711.51.0000 of the Harmonized Tariff
                                                                                                            demonstrated its eligibility for a                    Schedule of the United States (HTSUS).
                                                      Dated: February 28, 2017.
                                                                                                            separate rate and is, therefore, part of              Although the HTSUS subheadings are
                                                    Ronald K. Lorentzen,                                                                                          provided for convenience and Customs
                                                                                                            the PRC-wide entity. We preliminarily
                                                    Acting Assistant Secretary for Enforcement                                                                    purposes, the written description of the
                                                                                                            determine that the following companies
                                                    and Compliance.                                                                                               scope of this order is dispositive.5
                                                                                                            had no reviewable shipments during the
                                                    Appendix I—List of Topics Discussed in                  POR: (1) Zhangzhou Hongda Import &                    Preliminary Determination of No
                                                    the Preliminary Decision Memorandum                     Export Trading Co., Ltd. (Hongda); and                Shipments
                                                    I. Summary                                              (2) Zhangzhou Gangchang Canned
                                                                                                            Foods Co., Ltd., Fujian and Zhangzhou                   Two companies that received a
                                                    II. Background                                                                                                separate rate in previous segments of the
                                                    III. Intent To Partially Rescind Review                 Gangchang Canned Foods Co., Ltd.
                                                    IV. Non-Selected Companies Under Review                 (collectively, Gangchang). Finally, we                proceeding and are subject to this
                                                    V. Scope of the Order                                   preliminarily find that the remaining 98              review, Hongda and Gangchang,6
                                                    VI. Application of the Countervailing Duty              companies under review did not                        certified that they did not have any
                                                          Law to Imports From the PRC                       demonstrate their eligibility for a                   exports of subject merchandise during
                                                    VII. Diversification of the PRC’s Economy               separate rate and are part of the PRC-                the POR.7 We requested that U.S.
                                                    VIII. Subsidy Valuation
                                                    IX. Interest Rate Benchmarks, Discount Rates,
                                                                                                            wide entity. Interested parties are                     4 See Memorandum entitled, ‘‘Administrative
                                                          Input, Electricity, and Land Benchmarks           invited to comment on these                           Review of the Antidumping Duty Order on Certain
                                                    X. Use of Facts Otherwise Available and                 preliminary results.                                  Preserved Mushrooms from the People’s Republic
                                                          Adverse Inferences                                DATES: Effective March 6, 2017.                       of China,’’ dated June 17, 2016.
                                                    XI. Analysis of Programs                                FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                    5 For a complete description of the scope of the

                                                    XII. Verification                                                                                             order, see Memorandum from James Maeder, Senior
                                                                                                            Michael J. Heaney, AD/CVD Operations,                 Director, Office I, for Antidumping and
                                                    XIII. Disclosure and Public Comment
                                                                                                            Office VI, Enforcement and Compliance,                Countervailing Duty Operations, to Ronald K.
                                                    XIV. Conclusion
                                                                                                            International Trade Administration,                   Lorentzen, Acting Assistant Secretary for
                                                    Appendix II—Non-Selected Companies                      U.S. Department of Commerce, 1401                     Enforcement and Compliance, ‘‘Certain Preserved
                                                                                                                                                                  Mushrooms from the People’s Republic of China:
                                                    Under Review                                            Constitution Avenue NW., Washington,                  Decision Memorandum for Preliminary Results of
                                                    1. Chint Solar (Zhejiang) Co., Ltd.                     DC 20230; telephone: (202) 482–4475.                  Antidumping Duty Administrative Review; 2015–
                                                    2. Hefei JA Solar Technology Co., Ltd.                                                                        2016,’’ dated concurrently with, and hereby
                                                                                                            Background                                            adopted by, this notice (Preliminary Decision
                                                    3. Perlight Solar Co., Ltd.
                                                                                                              On February 19, 1999, the Department                Memorandum).
                                                    4. Risen Energy Co., Ltd.                                                                                       6 In the company certification of no shipments,
                                                    5. Shanghai JA Solar Technology Co., Ltd.               published in the Federal Register the
                                                                                                                                                                  the names ‘‘Zhangzhou Gangchang Canned Foods
                                                    6. Shenzhen Sungold Solar Co., Ltd.                     antidumping duty order on certain                     Co., Ltd., Fujian’’ and ‘‘Zhangzhou Gangchang
                                                    7. Sunny Apex Development Limited                       preserved mushrooms from the PRC.1                    Canned Foods Co., Ltd.’’ are used interchangeably.
                                                    [FR Doc. 2017–04267 Filed 3–3–17; 8:45 am]              On February 3, 2016, the Department                   When a similar issue arose during an earlier new
                                                                                                            published in the Federal Register an                  shipper review, counsel clarified that the correct
                                                    BILLING CODE 3510–DS–P                                                                                        name of the company is ‘‘Zhangzhou Gangchang
                                                                                                            opportunity to request an administrative              Canned Foods Co., Ltd., Fujian.’’ See Certain
                                                                                                            review of the Order.2 On April 7, 2016,               Preserved Mushrooms from the People’s Republic of
                                                    DEPARTMENT OF COMMERCE                                  the Department published in the                       China: Preliminary Results of Antidumping Duty
                                                                                                            Federal Register a notice of initiation of            New Shipper Reviews 74 FR 14772 (April 1, 2009)
                                                                                                                                                                  unchanged at Certain Preserved Mushrooms from
                                                    International Trade Administration                      this review, covering 103 separately-                 the People’s Republic of China: Final Results of
                                                    [A–570–851]                                             named companies.3 On June 17, 2016,                   Antidumping Duty New Shipper Reviews 74 FR
                                                                                                                                                                  28882 (June 18, 2009). Nonetheless, in a subsequent
                                                                                                              1 See Notice of Amendment of Final                  administrative review, we identified the company
                                                    Certain Preserved Mushrooms From                                                                              as ‘‘Zhangzhou Gangchang Canned Foods Co., Ltd.’’
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                                                                                                            Determination of Sales at Less Than Fair Value and
                                                    the People’s Republic of China:                         Antidumping Duty Order: Certain Preserved             See Certain Preserved Mushrooms from the People’s
                                                    Preliminary Results of Antidumping                      Mushrooms from the People’s Republic of China, 64     Republic of China; Final Results of Administrative
                                                    Duty Administrative Review and                          FR 8308 (February 19, 1999) (the Order).              Review, 80 FR 32355 (June 8, 2015). In light of this
                                                                                                              2 See Antidumping or Countervailing Duty Order,     interchangeable treatment, to avoid any confusion,
                                                    Preliminary Determination of No                                                                               we are including both name variations in our
                                                                                                            Finding, or Suspended Investigation; Opportunity
                                                    Shipments; 2015–2016                                    To Request Administrative Review, 81 FR 5712          preliminary finding of no shipments.
                                                                                                            (February 3, 2016).                                     7 See Letters from Zhangzhou Gangchang Canned
                                                    AGENCY:  Enforcement and Compliance,                      3 See Initiation of Antidumping and                 Foods Co., Ltd., and Zhangzhou Hongda Import &
                                                    International Trade Administration,                     Countervailing Duty Administrative Reviews, 81 FR     Export Trading Co., Ltd., dated May 6, 2016. One
                                                    Department of Commerce.                                 20324 (April 7, 2016) (Initiation Notice).            additional company, Zhejiang Jinhua Jinli



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Document Created: 2017-03-04 00:06:36
Document Modified: 2017-03-04 00:06:36
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 March 6, 2017.
ContactJoseph Traw, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6079.
FR Citation82 FR 12562 

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