82_FR_2322 82 FR 2317 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of the Countervailing Duty Administrative Review and Preliminary Intent To Rescind, in Part; 2014

82 FR 2317 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of the Countervailing Duty Administrative Review and Preliminary Intent To Rescind, in Part; 2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 5 (January 9, 2017)

Page Range2317-2319
FR Document2017-00138

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the People's Republic of China (PRC). The period of review (POR) is January 1, 2014, through December 31, 2014. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 82 Issue 5 (Monday, January 9, 2017)
[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Notices]
[Pages 2317-2319]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00138]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-913]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Preliminary Results 
of the Countervailing Duty Administrative Review and Preliminary Intent 
To Rescind, in Part; 2014

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 cells, 
whether or not assembled into modules (solar cells), from the People's 
Republic of China (PRC). The period of review (POR) is January 1, 2014, 
through December 31, 2014. Interested parties are invited to comment on 
these preliminary results.

DATES: Effective January 9, 2017.

FOR FURTHER INFORMATION CONTACT: Gene Calvert, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of

[[Page 2318]]

Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; 
telephone: (202) 482-3586.

SUPPLEMENTARY INFORMATION: 

Background

    On December 7, 2012, the Department issued a countervailing duty 
(CVD) order on solar cells from the PRC.\1\ Several interested parties 
requested that the Department conduct an administrative review of the 
countervailing duty order, and February 9, 2016, the Department 
published in the Federal Register a notice of initiation of an 
administrative review of the CVD Order for 45 producers/exporters for 
the POR.\2\
---------------------------------------------------------------------------

    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, From the People's Republic of China: 
Countervailing Duty Order, 77 FR 73017 (December 7, 2012) (CVD 
Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 6832 (February 9, 2016) (Initiation 
Notice).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the CVD 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. A full 
description of the scope of the order is contained in the Department 
memorandum, ``Decision Memorandum for the Preliminary Results of the 
Countervailing Duty Administrative Review of Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled Into Modules, from the 
People's Republic of China; 2014,'' dated concurrently with this notice 
(Preliminary Decision Memorandum) and hereby adopted by this notice.

Methodology

    The Department is conducting this administrative 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 preliminarily find that there is a subsidy, (i.e., 
a financial contribution from an authority that gives rise to a benefit 
to the recipient) and that the subsidy is specific.\3\ In making this 
preliminary determination, the Department relied, in part, on facts 
otherwise available, with the application of adverse inferences.\4\ For 
further information, see ``Use of Facts Otherwise Available and 
Application of Adverse Inferences'' in the accompanying Preliminary 
Decision Memorandum. A list of topics discussed in the Preliminary 
Decision Memorandum is provided at Appendix I to this notice.
---------------------------------------------------------------------------

    \3\ 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.
    \4\ See section 776(a) of the Act.
---------------------------------------------------------------------------

    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 B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content.

Intent To Partially Rescind the Administrative Review

    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. Jinko Solar Co., Ltd., 
JinkoSolar (U.S.) Inc., Jinko Solar Import and Export Co., Ltd., 
JinkoSolar International Limited, Zhejiang Jinko Solar Co., Ltd. 
(collectively, the Jinko Solar Companies); Yingli Green Energy Holding 
Company Limited (Yingli); ERA Solar Co. Limited (ERA Solar); Zhejiang 
Sunflower Light Energy Science & Technology Limited Liability Company 
(Zhejiang Sunflower); and JA Solar Technology Yangzhou Co., Ltd., 
Shanghai JA Solar Technology Co., Ltd., and JingAo Solar Co., Ltd. 
(collectively, the JA Solar Companies) timely withdrew their requests 
for review.\5\ No other party requested a review of any of these 
companies. Therefore, in accordance with 19 CFR 351.213(d)(1), the 
Department intends to rescind this review of the countervailing duty 
order on solar cells from the PRC with respect to these companies. A 
final decision regarding whether to rescind the review of these 
companies will be issued with the final results of review.
---------------------------------------------------------------------------

    \5\ See Letter to the Secretary from the Jinko Solar Companies, 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules, from the People's Republic of China: Jinko's 
Withdrawal of Request for Administrative Review,'' (March 14, 2016); 
Letter to the Secretary from Yingli, ``Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled Into Modules, from the 
People's Republic of China: Yingli's Withdrawal of Request for 
Administrative Review,'' (March 18, 2016); Letter to the Secretary 
from ERA Solar, ``Crystalline Silicon Photovoltaic Cells, Whether or 
Not Assembled into Modules From The People's Republic of China; ERA 
Solar Co., Limited's Withdrawal of Request for Review,'' (May 9, 
2016); Letter to the Secretary from Zhejiang Sunflower, 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules From The People's Republic of China; Zhejiang Sunflower 
Light Energy Science & Technology Limited Liability Company's 
Withdrawal of Request for Review,'' (May 9, 2016); and Letter to the 
Secretary from the JA Solar Companies, ``Administrative Review of 
the Countervailing Duty Order on Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled into Modules from the People's 
Republic of China: Withdrawal of Request for Review,'' (May 9, 
2016).
---------------------------------------------------------------------------

Preliminary Results of Review

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

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Canadian Solar Manufacturing (Changshu) and its Cross-             20.98
 Owned Affiliates \6\...................................
Changzhou Trina Solar Energy Co., Ltd. and its Cross-              12.48
 Owned Affiliates \7\...................................
Non-Selected Companies Under Review.....................           16.69
------------------------------------------------------------------------

Preliminary Rate for the Non-Selected Companies Under Review
---------------------------------------------------------------------------

    \6\ Cross-owned affiliates are: Canadian Solar Manufacturing 
(Luoyang) Inc.; CSI Cells Co., Ltd.; CSI Solar Power (China) Inc.; 
CSI Solartronics (Changshu) Co., Ltd.; CSI Solar Technologies Inc.; 
and CSI Solar Manufacture Inc. See Preliminary Decision Memorandum.
    \7\ 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.
---------------------------------------------------------------------------

    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 weighted-average of 
the subsidy rates calculated for Canadian Solar and Trina Solar. These 
rates were above de minimis and not based entirely on facts available. 
For a list of these non-selected companies, please see the Appendix to 
the Preliminary Decision Memorandum.

Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of

[[Page 2319]]

the date of publication of these preliminary results.\8\ Interested 
parties may submit written comments (case briefs) at a date to be 
determined by the Department and rebuttal comments (rebuttal briefs) 
within five days after the time limit for filing case briefs.\9\ 
Rebuttal briefs must be limited to issues raised in the case 
briefs.\10\ 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.\11\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.224(b).
    \9\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l). Interested 
parties will be notified through ACCESS regarding the deadline for 
submitting case briefs.
    \10\ See 19 CFR 351.309(d)(2).
    \11\ 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.\12\ Hearing 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.\13\ 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.\14\ All 
briefs and hearing requests must be filed electronically and received 
successfully in their entirety through ACCESS by 5:00 p.m. Eastern Time 
by their respective deadlines.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.310(c).
    \13\ See 19 CFR 351.310.
    \14\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, the Department intends 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 
publication of these preliminary results.

Assessment Rates and Cash Deposit Requirement

    In accordance with 19 CFR 351.221(b)(4)(i), we assigned a subsidy 
rate for each producer/exporter subject to this administrative review. 
Upon issuance of the final results, the Department shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, countervailing 
duties 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 
countervailing duties, in the amounts shown 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 of review are issued and published in 
accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: December 29, 2016.
Paul Piquado,
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. Subsidies Valuation
IX. Interest Rate Benchmarks, Discount Rates, Input, Electricity, 
and Land Benchmarks
X. Use of Facts Otherwise Available and Application of Adverse 
Inferences
XI. Analysis of Programs
XII. Verification
XIII. Disclosure and Public Comment
XIV. Conclusion

Appendix I

Non-Selected Companies Under Review

1. BYD (Shangluo) Industrial Co., Ltd.
2. Chint Solar (Zhejiang) Co., Ltd.
3. ET Solar Energy Limited
4. ET Solar Industry Limited
5. Hangzhou Sunny Energy Science and Technology Co., Ltd.
6. Jiawei Solarchina Co., Ltd.
7. Jiawei Solarchina (Shenzhen) Co., Ltd.
8. Lightway Green New Energy Co., Ltd.
9. Luoyang Suntech Power Co., Ltd.
10. Ningbo Qixin Solar Electrical Appliance Co., Ltd.
11. Shanghai BYD Co., Ltd.
12. Shenzhen Topray Solar Co. Ltd.
13. Systemes Versilis, Inc.
14. Taizhou BD Trade Co., Ltd.
15. tenKsolar (Shanghai) Co., Ltd.
16. Toenergy Technology
17. Wuxi Suntech Power Co., Ltd.

[FR Doc. 2017-00138 Filed 1-6-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Notices                                                    2317

                                                Al Jadirya Private Hospital, Baghdad,                   whereby a Denied Person acquires or                    South Gay Street, Baltimore, Maryland
                                                Iraq, and Anak Street, Qatif, Saudi                     attempts to acquire such ownership,                    21202–4022.
                                                Arabia 61177; BAHAR SAFWA                               possession or control;                                   In accordance with the provisions of
                                                GENERAL TRADING, P.O. Box 113212,                          C. Take any action to acquire from or               Section 766.24(d) of the EAR, BIS may
                                                Citadel Tower, Floor-5, Office #504,                    to facilitate the acquisition or attempted             seek renewal of this Order by filing a
                                                Business Bay, Dubai, United Arab                        acquisition from a Denied Person of any                written request not later than 20 days
                                                Emirates, and P.O. Box 8709, Citadel                    item subject to the EAR that has been                  before the expiration date. A renewal
                                                Tower, Business Bay, Dubai, United                      exported from the United States;                       request may be opposed by Mahan
                                                Arab Emirates; SKY BLUE BIRD GROUP                         D. Obtain from a Denied Person in the               Airways, Al Naser Airlines, Ali
                                                A/K/A SKY BLUE BIRD AVIATION A/                         United States any item subject to the                  Abdullah Alhay, and/or Bahar Safwa
                                                K/A SKY BLUE BIRD LTD A/K/A SKY                         EAR with knowledge or reason to know                   General Trading as provided in Section
                                                BLUE BIRD FZC, P.O. Box 16111, Ras                      that the item will be, or is intended to               766.24(d), by filing a written submission
                                                Al Khaimah Trade Zone, United Arab                      be, exported from the United States; or                with the Assistant Secretary of
                                                Emirates; and ISSAM SHAMMOUT A/                            E. Engage in any transaction to service             Commerce for Export Enforcement,
                                                K/A MUHAMMAD ISAM                                       any item subject to the EAR that has                   which must be received not later than
                                                MUHAMMAD ANWAR NUR                                      been or will be exported from the                      seven days before the expiration date of
                                                SHAMMOUT A/K/A ISSAM ANWAR,                             United States and which is owned,                      the Order.
                                                Philips Building, 4th Floor, Al Fardous                 possessed or controlled by a Denied                      A copy of this Order shall be provided
                                                Street, Damascus, Syria, and Al Kolaa,                  Person, or service any item, of whatever               to Mahan Airways, Al Naser Airlines,
                                                Beirut, Lebanon 151515, and 17–18                       origin, that is owned, possessed or                    Ali Abdullah Alhay, and Bahar Safwa
                                                Margaret Street, 4th Floor, London,                     controlled by a Denied Person if such                  General Trading and each related
                                                W1W 8RP, United Kingdom, and                            service involves the use of any item                   person, and shall be published in the
                                                Cumhuriyet Mah. Kavakli San St. Fulya,                  subject to the EAR that has been or will               Federal Register. This Order is effective
                                                Cad. Hazar Sok. No.14/A Silivri,                        be exported from the United States. For                immediately and shall remain in effect
                                                Istanbul, Turkey, and when acting for or                purposes of this paragraph, servicing                  for 180 days.
                                                on their behalf, any successors or                      means installation, maintenance, repair,                 Dated: December 30, 2016.
                                                assigns, agents, or employees (each a                   modification or testing.                               Richard R. Majauskas,
                                                ‘‘Denied Person’’ and collectively the                     THIRD, that, after notice and
                                                ‘‘Denied Persons’’) may not, directly or                                                                       Acting Assistant Secretary of Commerce for
                                                                                                        opportunity for comment as provided in                 Export Enforcement.
                                                indirectly, participate in any way in any               section 766.23 of the EAR, any other                   [FR Doc. 2017–00092 Filed 1–6–17; 8:45 am]
                                                transaction involving any commodity,                    person, firm, corporation, or business
                                                software or technology (hereinafter                                                                            BILLING CODE P
                                                                                                        organization related to a Denied Person
                                                collectively referred to as ‘‘item’’)
                                                                                                        by affiliation, ownership, control, or
                                                exported or to be exported from the
                                                                                                        position of responsibility in the conduct              DEPARTMENT OF COMMERCE
                                                United States that is subject to the
                                                                                                        of trade or related services may also be
                                                Export Administration Regulations                                                                              International Trade Administration
                                                                                                        made subject to the provisions of this
                                                (‘‘EAR’’), or in any other activity subject
                                                                                                        Order.                                                 [C–570–913]
                                                to the EAR including, but not limited to:
                                                   A. Applying for, obtaining, or using                    FOURTH, that this Order does not
                                                any license, License Exception, or                      prohibit any export, reexport, or other                Crystalline Silicon Photovoltaic Cells,
                                                export control document;                                transaction subject to the EAR where the               Whether or Not Assembled Into
                                                   B. Carrying on negotiations                          only items involved that are subject to                Modules, From the People’s Republic
                                                concerning, or ordering, buying,                        the EAR are the foreign-produced direct                of China: Preliminary Results of the
                                                receiving, using, selling, delivering,                  product of U.S.-origin technology.                     Countervailing Duty Administrative
                                                storing, disposing of, forwarding,                         In accordance with the provisions of                Review and Preliminary Intent To
                                                transporting, financing, or otherwise                   Sections 766.24(e) of the EAR, Mahan                   Rescind, in Part; 2014
                                                servicing in any way, any transaction                   Airways, Al Naser Airlines, Ali
                                                                                                        Abdullah Alhay, and/or Bahar Safwa                     AGENCY:    Enforcement and Compliance,
                                                involving any item exported or to be                                                                           International Trade Administration,
                                                exported from the United States that is                 General Trading may, at any time,
                                                                                                        appeal this Order by filing a full written             Department of Commerce.
                                                subject to the EAR, or in any other                                                                            SUMMARY: The Department of Commerce
                                                activity subject to the EAR; or                         statement in support of the appeal with
                                                                                                        the Office of the Administrative Law                   (the Department) preliminarily
                                                   C. Benefitting in any way from any
                                                                                                        Judge, U.S. Coast Guard ALJ Docketing                  determines that countervailable
                                                transaction involving any item exported
                                                                                                        Center, 40 South Gay Street, Baltimore,                subsidies are being provided to
                                                or to be exported from the United States
                                                                                                        Maryland 21202–4022. In accordance                     producers and exporters of crystalline
                                                that is subject to the EAR, or in any
                                                                                                        with the provisions of Sections                        silicon photovoltaic cells, whether or
                                                other activity subject to the EAR.
                                                   SECOND, that no person may, directly                 766.23(c)(2) and 766.24(e)(3) of the EAR,              not assembled into modules (solar
                                                or indirectly, do any of the following:                 Pejman Mahmood Kosarayanifard,                         cells), from the People’s Republic of
                                                   A. Export or reexport to or on behalf                Mahmoud Amini, Kerman Aviation,                        China (PRC). The period of review
                                                of a Denied Person any item subject to                  Sirjanco Trading LLC, Ali Eslamian,                    (POR) is January 1, 2014, through
                                                the EAR;                                                Mahan Air General Trading LLC, Skyco                   December 31, 2014. Interested parties
                                                   B. Take any action that facilitates the              (UK) Ltd., Equipco (UK) Ltd., Mehdi                    are invited to comment on these
sradovich on DSK3GMQ082PROD with NOTICES




                                                acquisition or attempted acquisition by                 Bahrami, Sky Blue Bird Group, and/or                   preliminary results.
                                                a Denied Person of the ownership,                       Issam Shammout may, at any time,                       DATES: Effective January 9, 2017.
                                                possession, or control of any item                      appeal their inclusion as a related                    FOR FURTHER INFORMATION CONTACT:
                                                subject to the EAR that has been or will                person by filing a full written statement              Gene Calvert, AD/CVD Operations,
                                                be exported from the United States,                     in support of the appeal with the Office               Office VII, Enforcement and
                                                including financing or other support                    of the Administrative Law Judge, U.S.                  Compliance, International Trade
                                                activities related to a transaction                     Coast Guard ALJ Docketing Center, 40                   Administration, U.S. Department of


                                           VerDate Sep<11>2014   21:14 Jan 06, 2017   Jkt 241001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\09JAN1.SGM   09JAN1


                                                2318                           Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Notices

                                                Commerce, 1401 Constitution Avenue                      further information, see ‘‘Use of Facts                 other party requested a review of any of
                                                NW., Washington, DC 20230; telephone:                   Otherwise Available and Application of                  these companies. Therefore, in
                                                (202) 482–3586.                                         Adverse Inferences’’ in the                             accordance with 19 CFR 351.213(d)(1),
                                                SUPPLEMENTARY INFORMATION:                              accompanying Preliminary Decision                       the Department intends to rescind this
                                                                                                        Memorandum. A list of topics discussed                  review of the countervailing duty order
                                                Background                                              in the Preliminary Decision                             on solar cells from the PRC with respect
                                                   On December 7, 2012, the Department                  Memorandum is provided at Appendix                      to these companies. A final decision
                                                issued a countervailing duty (CVD)                      I to this notice.                                       regarding whether to rescind the review
                                                order on solar cells from the PRC.1                        The Preliminary Decision                             of these companies will be issued with
                                                Several interested parties requested that               Memorandum is a public document and                     the final results of review.
                                                the Department conduct an                               is on file electronically via Enforcement               Preliminary Results of Review
                                                administrative review of the                            and Compliance’s Antidumping and
                                                countervailing duty order, and February                 Countervailing Duty Centralized                           As a result of this review, we
                                                9, 2016, the Department published in                    Electronic Service System (ACCESS).                     preliminarily determine the
                                                the Federal Register a notice of                        ACCESS is available to registered users                 countervailable subsidy rates to be:
                                                initiation of an administrative review of               at http://access.trade.gov, and is
                                                the CVD Order for 45 producers/                                                                                                                      Subsidy rate
                                                                                                        available to all parties in the Central                            Company                    (percent)
                                                exporters for the POR.2                                 Records Unit, room B8024 of the main
                                                Scope of the Order                                      Department of Commerce building. In                     Canadian Solar Manufac-
                                                                                                        addition, a complete version of the                       turing (Changshu) and its
                                                  The merchandise subject to the CVD                    Preliminary Decision Memorandum can                       Cross-Owned Affiliates 6 ...               20.98
                                                Order is crystalline silicon photovoltaic                                                                       Changzhou Trina Solar En-
                                                                                                        be accessed directly at http://                           ergy Co., Ltd. and its
                                                cells, and modules, laminates, and                      enforcement.trade.gov/frn/. The signed                    Cross-Owned Affiliates 7 ...               12.48
                                                panels, consisting of crystalline silicon               Preliminary Decision Memorandum and                     Non-Selected Companies
                                                photovoltaic cells, whether or not                      the electronic version of the Preliminary
                                                                                                                                                                  Under Review ...................           16.69
                                                partially or fully assembled into other                 Decision Memorandum are identical in
                                                products, including, but not limited to,                                                                        Preliminary Rate for the Non-Selected
                                                                                                        content.
                                                modules, laminates, panels, and                                                                                 Companies Under Review
                                                building integrated materials. A full                   Intent To Partially Rescind the                            For the companies for which a review
                                                description of the scope of the order is                Administrative Review                                   was requested that were not selected as
                                                contained in the Department                                Pursuant to 19 CFR 351.213(d)(1), the                mandatory company respondents, and
                                                memorandum, ‘‘Decision Memorandum                       Department will rescind an                              for which we did not receive a timely
                                                for the Preliminary Results of the                      administrative review, in whole or in                   request for withdrawal of review, and
                                                Countervailing Duty Administrative                      part, if the parties that requested a                   which we are not finding to be cross-
                                                Review of Crystalline Silicon                           review withdraw the request within 90                   owned with the mandatory company
                                                Photovoltaic Cells, Whether or Not                      days of the date of publication of the                  respondents, we are preliminarily
                                                Assembled Into Modules, from the                        notice of initiation. Jinko Solar Co., Ltd.,            basing the subsidy rate on the weighted-
                                                People’s Republic of China; 2014,’’                     JinkoSolar (U.S.) Inc., Jinko Solar Import              average of the subsidy rates calculated
                                                dated concurrently with this notice                     and Export Co., Ltd., JinkoSolar                        for Canadian Solar and Trina Solar.
                                                (Preliminary Decision Memorandum)                       International Limited, Zhejiang Jinko                   These rates were above de minimis and
                                                and hereby adopted by this notice.                      Solar Co., Ltd. (collectively, the Jinko                not based entirely on facts available. For
                                                Methodology                                             Solar Companies); Yingli Green Energy                   a list of these non-selected companies,
                                                                                                        Holding Company Limited (Yingli); ERA                   please see the Appendix to the
                                                  The Department is conducting this                                                                             Preliminary Decision Memorandum.
                                                                                                        Solar Co. Limited (ERA Solar); Zhejiang
                                                administrative review in accordance
                                                                                                        Sunflower Light Energy Science &                        Disclosure and Public Comment
                                                with section 751(a)(1)(A) of the Tariff
                                                                                                        Technology Limited Liability Company
                                                Act of 1930, as amended (the Act). For                                                                            The Department will disclose to
                                                                                                        (Zhejiang Sunflower); and JA Solar
                                                each of the subsidy programs found                                                                              parties to this proceeding the
                                                                                                        Technology Yangzhou Co., Ltd.,
                                                countervailable, we preliminarily find                                                                          calculations performed in reaching the
                                                                                                        Shanghai JA Solar Technology Co., Ltd.,
                                                that there is a subsidy, (i.e., a financial                                                                     preliminary results within five days of
                                                                                                        and JingAo Solar Co., Ltd. (collectively,
                                                contribution from an authority that
                                                                                                        the JA Solar Companies) timely
                                                gives rise to a benefit to the recipient)                                                                       Science & Technology Limited Liability Company’s
                                                                                                        withdrew their requests for review.5 No
                                                and that the subsidy is specific.3 In                                                                           Withdrawal of Request for Review,’’ (May 9, 2016);
                                                                                                                                                                and Letter to the Secretary from the JA Solar
                                                making this preliminary determination,                     5 See Letter to the Secretary from the Jinko Solar   Companies, ‘‘Administrative Review of the
                                                the Department relied, in part, on facts                Companies, ‘‘Crystalline Silicon Photovoltaic Cells,    Countervailing Duty Order on Crystalline Silicon
                                                otherwise available, with the                           Whether or Not Assembled into Modules, from the         Photovoltaic Cells, Whether or Not Assembled into
                                                application of adverse inferences.4 For                 People’s Republic of China: Jinko’s Withdrawal of       Modules from the People’s Republic of China:
                                                                                                        Request for Administrative Review,’’ (March 14,         Withdrawal of Request for Review,’’ (May 9, 2016).
                                                  1 See Crystalline Silicon Photovoltaic Cells,
                                                                                                        2016); Letter to the Secretary from Yingli,               6 Cross-owned affiliates are: Canadian Solar

                                                                                                        ‘‘Crystalline Silicon Photovoltaic Cells, Whether or    Manufacturing (Luoyang) Inc.; CSI Cells Co., Ltd.;
                                                Whether or Not Assembled Into Modules, From the         Not Assembled Into Modules, from the People’s           CSI Solar Power (China) Inc.; CSI Solartronics
                                                People’s Republic of China: Countervailing Duty         Republic of China: Yingli’s Withdrawal of Request       (Changshu) Co., Ltd.; CSI Solar Technologies Inc.;
                                                Order, 77 FR 73017 (December 7, 2012) (CVD              for Administrative Review,’’ (March 18, 2016);          and CSI Solar Manufacture Inc. See Preliminary
sradovich on DSK3GMQ082PROD with NOTICES




                                                Order).                                                 Letter to the Secretary from ERA Solar, ‘‘Crystalline   Decision Memorandum.
                                                  2 See Initiation of Antidumping and
                                                                                                        Silicon Photovoltaic Cells, Whether or Not                7 Cross-owned affiliates are: Trina Solar
                                                Countervailing Duty Administrative Reviews, 81 FR       Assembled into Modules From The People’s                (Changzhou) Science & Technology Co., Ltd.;
                                                6832 (February 9, 2016) (Initiation Notice).            Republic of China; ERA Solar Co., Limited’s             Yancheng Trina Solar Energy Technology Co., Ltd.;
                                                  3 See sections 771(5)(B) and (D) of the Act
                                                                                                        Withdrawal of Request for Review,’’ (May 9, 2016);      Changzhou Trina Solar Yabang Energy Co., Ltd.;
                                                regarding financial contribution; section 771(5)(E)     Letter to the Secretary from Zhejiang Sunflower,        Hubei Trina Solar Energy Co., Ltd.; Turpan Trina
                                                of the Act regarding benefit; and section 771(5A) of    ‘‘Crystalline Silicon Photovoltaic Cells, Whether or    Solar Energy Co., Ltd.; and Changzhou Trina PV
                                                the Act regarding specificity.                          Not Assembled Into Modules From The People’s            Ribbon Materials Co., Ltd. See Preliminary Decision
                                                  4 See section 776(a) of the Act.                      Republic of China; Zhejiang Sunflower Light Energy      Memorandum.



                                           VerDate Sep<11>2014   21:14 Jan 06, 2017   Jkt 241001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\09JAN1.SGM   09JAN1


                                                                               Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Notices                                                    2319

                                                the date of publication of these                        Customs and Border Protection (CBP)                    13. Systemes Versilis, Inc.
                                                preliminary results.8 Interested parties                shall assess, countervailing duties on all             14. Taizhou BD Trade Co., Ltd.
                                                may submit written comments (case                       appropriate entries covered by this                    15. tenKsolar (Shanghai) Co., Ltd.
                                                briefs) at a date to be determined by the               review. We intend to issue instructions                16. Toenergy Technology
                                                Department and rebuttal comments                        to CBP 15 days after publication of the                17. Wuxi Suntech Power Co., Ltd.
                                                (rebuttal briefs) within five days after                final results of review.                               [FR Doc. 2017–00138 Filed 1–6–17; 8:45 am]
                                                the time limit for filing case briefs.9                    Pursuant to section 751(a)(2)(C) of the             BILLING CODE 3510–DS–P
                                                Rebuttal briefs must be limited to issues               Act, the Department also intends to
                                                raised in the case briefs.10 Parties who                instruct CBP to collect cash deposits of
                                                submit case or rebuttal briefs are                      estimated countervailing duties, in the                DEPARTMENT OF COMMERCE
                                                requested to submit with the argument:                  amounts shown above for each of the
                                                (1) A statement of the issue; (2) a brief               respective companies shown above, on                   International Trade Administration
                                                summary of the argument; and (3) a                      shipments of subject merchandise
                                                table of authorities.11                                 entered, or withdrawn from warehouse,                  [C–570–971]
                                                   Interested parties who wish to request               for consumption on or after the date of
                                                a hearing must do so within 30 days of                  publication of the final results of this               Multilayered Wood Flooring From the
                                                publication of these preliminary results                review. For all non-reviewed firms, we                 People’s Republic of China:
                                                by submitting a written request to the                  will instruct CBP to continue to collect               Preliminary Results of Countervailing
                                                Assistant Secretary for Enforcement and                 cash deposits at the most-recent                       Duty Administrative Review,
                                                Compliance, U.S. Department of                          company-specific or all-others rate                    Rescission of Review, in Part, and
                                                Commerce, using Enforcement and                         applicable to the company, as
                                                Compliance’s ACCESS system.12                                                                                  Intent To Rescind the Review in Part;
                                                                                                        appropriate. These cash deposit                        2014
                                                Hearing requests should contain the                     requirements, when imposed, shall
                                                party’s name, address, and telephone                    remain in effect until further notice.
                                                number, the number of participants, and                                                                        AGENCY:  Enforcement and Compliance,
                                                                                                           These preliminary results of review
                                                a list of the issues to be discussed. If a                                                                     International Trade Administration,
                                                                                                        are issued and published in accordance
                                                request for a hearing is made, we will                                                                         Department of Commerce.
                                                                                                        with sections 751(a)(l) and 777(i)(l) of
                                                inform parties of the scheduled date for                the Act and 19 CFR 351.213 and                         SUMMARY:   The Department of Commerce
                                                the hearing, which will be held at the                  351.221(b)(4).                                         (Department) preliminarily determines
                                                U.S. Department of Commerce, 14th                                                                              that countervailable subsidies are being
                                                                                                          Dated: December 29, 2016.
                                                Street and Constitution Avenue NW.,                                                                            provided to producers and exporters of
                                                                                                        Paul Piquado,
                                                Washington, DC 20230, at a time and                                                                            multilayered wood flooring (wood
                                                location to be determined.13 Parties                    Assistant Secretary for Enforcement and
                                                                                                        Compliance.                                            flooring) from the People’s Republic of
                                                should confirm by telephone the date,
                                                                                                                                                               China (PRC). The period of review
                                                time, and location of the hearing. Issues               Appendix I
                                                addressed at the hearing will be limited                                                                       (POR) is January 1, 2014, through
                                                                                                        List of Topics Discussed in the Preliminary            December 31, 2014.
                                                to those raised in the briefs.14 All briefs             Decision Memorandum
                                                and hearing requests must be filed                                                                             DATES:   Effective January 9, 2017.
                                                electronically and received successfully                I. Summary
                                                                                                        II. Background                                         FOR FURTHER INFORMATION CONTACT:
                                                in their entirety through ACCESS by                     III. Intent To Partially Rescind Review
                                                5:00 p.m. Eastern Time by their                                                                                Dennis McClure or Sergio Balbontin,
                                                                                                        IV. Non-Selected Companies Under Review
                                                respective deadlines.                                   V. Scope of the Order
                                                                                                                                                               AD/CVD Operations, Office VIII,
                                                   Unless the deadline is extended                      VI. Application of the Countervailing Duty             Enforcement and Compliance,
                                                pursuant to section 751(a)(3)(A) of the                       Law to Imports From the PRC                      International Trade Administration,
                                                Act, the Department intends to issue the                VII. Diversification of the PRC’s Economy              U.S. Department of Commerce, 1401
                                                final results of this administrative                    VIII. Subsidies Valuation                              Constitution Avenue NW., Washington,
                                                review, including the results of our                    IX. Interest Rate Benchmarks, Discount Rates,          DC 20230; telephone: 202–482–5973 or
                                                analysis of the issues raised by the                          Input, Electricity, and Land Benchmarks
                                                                                                        X. Use of Facts Otherwise Available and
                                                                                                                                                               202–482–6478, respectively.
                                                parties in their comments, within 120                         Application of Adverse Inferences
                                                days after publication of these                                                                                Scope of the Order
                                                                                                        XI. Analysis of Programs
                                                preliminary results.                                    XII. Verification                                        The product covered by the Order is
                                                                                                        XIII. Disclosure and Public Comment                    wood flooring from the PRC. For a
                                                Assessment Rates and Cash Deposit
                                                                                                        XIV. Conclusion
                                                Requirement                                                                                                    complete description of the scope of this
                                                   In accordance with 19 CFR                            Appendix I                                             administrative review, see the
                                                351.221(b)(4)(i), we assigned a subsidy                 Non-Selected Companies Under Review                    Preliminary Decision Memorandum.1
                                                rate for each producer/exporter subject                 1. BYD (Shangluo) Industrial Co., Ltd.
                                                to this administrative review. Upon                     2. Chint Solar (Zhejiang) Co., Ltd.
                                                issuance of the final results, the                      3. ET Solar Energy Limited
                                                Department shall determine, and U.S.                    4. ET Solar Industry Limited                              1 See Memorandum to Paul Piquado, Assistant
                                                                                                        5. Hangzhou Sunny Energy Science and                   Secretary for Enforcement and Compliance, from
                                                                                                             Technology Co., Ltd.
sradovich on DSK3GMQ082PROD with NOTICES




                                                  8 See 19 CFR 351.224(b).                                                                                     Christian Marsh, Deputy Assistant Secretary for
                                                  9 See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).     6. Jiawei Solarchina Co., Ltd.                         Antidumping and Countervailing Duty Operations,
                                                Interested parties will be notified through ACCESS      7. Jiawei Solarchina (Shenzhen) Co., Ltd.              ‘‘Decision Memorandum for the Preliminary
                                                regarding the deadline for submitting case briefs.      8. Lightway Green New Energy Co., Ltd.                 Determination in the Countervailing Duty
                                                  10 See 19 CFR 351.309(d)(2).                          9. Luoyang Suntech Power Co., Ltd.                     Administrative Review of Multilayered Wood
                                                  11 See 19 CFR 351.309(c)(2) and (d)(2).               10. Ningbo Qixin Solar Electrical Appliance            Flooring from the People’s Republic of China:
                                                  12 See 19 CFR 351.310(c).                                  Co., Ltd.                                         2014,’’ (Preliminary Decision Memorandum) dated
                                                  13 See 19 CFR 351.310.                                11. Shanghai BYD Co., Ltd.                             concurrently with, and hereby adopted by, this
                                                  14 See 19 CFR 351.310(c).                             12. Shenzhen Topray Solar Co. Ltd.                     notice.



                                           VerDate Sep<11>2014   21:14 Jan 06, 2017   Jkt 241001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\09JAN1.SGM   09JAN1



Document Created: 2018-10-24 11:09:27
Document Modified: 2018-10-24 11:09:27
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 January 9, 2017.
ContactGene Calvert, 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) 482-3586.
FR Citation82 FR 2317 

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