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)

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


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