82_FR_32302 82 FR 32170 - Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2014-2016

82 FR 32170 - Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2014-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 132 (July 12, 2017)

Page Range32170-32172
FR Document2017-14611

On March 7, 2017, the Department of Commerce (the Department) published the preliminary results of the first administrative review (AR) of the antidumping duty (AD) order on certain crystalline silicon photovoltaic products from the People's Republic of China (PRC). The period of review (POR) for the AR is July 31, 2014, through January 31, 2016. The AR covers nine companies including one mandatory respondent. We received comments from interested parties on our preliminary results. Based on our analysis of the comments received, we made changes to the margin calculations for the final results of this AR. The final weighted-average dumping margins are listed below in the ``Final Results of Review'' section of this notice.

Federal Register, Volume 82 Issue 132 (Wednesday, July 12, 2017)
[Federal Register Volume 82, Number 132 (Wednesday, July 12, 2017)]
[Notices]
[Pages 32170-32172]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14611]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-010]


Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review and Final Determination of No Shipments; 2014-
2016

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

SUMMARY: On March 7, 2017, the Department of Commerce (the Department) 
published the preliminary results of the first administrative review 
(AR) of the antidumping duty (AD) order on certain crystalline silicon 
photovoltaic products from the People's Republic of China (PRC). The 
period of review (POR) for the AR is July 31, 2014, through January 31, 
2016. The AR covers nine companies including one mandatory respondent. 
We received comments from interested parties on our preliminary 
results. Based on our analysis of the comments received, we made 
changes to the margin calculations for the final results of this AR. 
The final weighted-average dumping margins are listed below in the 
``Final Results of Review'' section of this notice.

DATES: Effective July 12, 2017.

FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis, AD/CVD 
Operations, Office IV, Enforcement & Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-3147.

SUPPLEMENTARY INFORMATION: 

Background

    On March 7, 2017, the Department published in the Federal Register 
the preliminary results of the 2014-2016 AR of the antidumping duty 
order on certain crystalline silicon photovoltaic products from the 
PRC.\1\ For events subsequent to the Preliminary Results,

[[Page 32171]]

see the Department's Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See Certain Crystalline Silicon Photovoltaic Products from 
the People's Republic of China: Preliminary Results of Antidumping 
Duty Administrative Review and Preliminary Determination of No 
Shipments; 2014-2016, 82 FR 12793 (March 7, 2017) (Preliminary 
Results) and accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2014-2016 Antidumping Duty Administrative 
Review of Crystalline Silicon Photovoltaic Products From the 
People's Republic of China,'' (Issues and Decision Memorandum), 
dated concurrently with this notice.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order is modules, laminates and/or 
panels consisting of crystalline silicon photovoltaic cells, whether or 
not partially or fully assembled into other products, including 
building integrated materials.\3\ Merchandise covered by the order is 
currently classified in the Harmonized Tariff Schedule of the United 
States (HTSUS) under subheadings 8501.61.0000, 8507.20.8030, 
8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030 
and 8501.31.8000. These HTSUS subheadings are provided for convenience 
and customs purposes; the written description of the scope of the order 
is dispositive.
---------------------------------------------------------------------------

    \3\ For a complete description of the scope of the order, see 
Issues and Decision Memorandum.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum, 
which is hereby adopted by this notice. A list of the issues that 
parties raised, and to which we responded in the Issues and Decision 
Memorandum, follows as an appendix to this notice. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov and to all parties in the 
Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The paper copy and electronic version of 
the Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we made 
revisions to our preliminary calculations of the weighted-average 
dumping margins for the mandatory respondent, Trina.4 5
---------------------------------------------------------------------------

    \4\ In these final results of review, the Department has 
continued to treat the following six companies as a single entity: 
Changzhou Trina Solar Energy Co., Ltd./Trina Solar (Changzhou) 
Science & Technology Co., Ltd./Yancheng Trina Solar Energy Techology 
Co., Ltd./Changzhou Trina Solar Yabang Energy Co., Ltd./Turpan Trina 
Solar Energy Co., Ltd./Hubeui Trina Solar Energy Co., Ltd. 
(Collectively, Trina). See Preliminary Results, 82 FR 12793 (March 
7, 2017) and PDM at 6.
    \5\ See Issues and Decision Memorandum at comments 6, 8, 9, and 
11.
---------------------------------------------------------------------------

Final Determination of No Shipments

    In the Preliminary Results, we found that one company, JA Solar 
Technology Co., Ltd. (JA Solar), had no shipments during the POR.\6\ 
Consistent with the Department's assessment practice in NME cases, we 
completed the review with respect to JA Solar.\7\ The Department placed 
on the record a memorandum regarding JA Solar's no shipment claim and 
shipment data from U.S. Customs and Border Protection (CBP).\8\ On May 
1, 2017, JA Solar timely submitted comments regarding the Department's 
memorandum on JA Solar's no shipment claim. No parties submitted 
rebuttal comments regarding JA Solar's no shipment claim. For these 
final results, we continue to find that JA Solar had no shipments 
during the POR. As noted in the ``Assessment'' section below, the 
Department will issue appropriate instructions with respect to this 
company to CBP based on our final results.\9\ In addition, JA Solar 
will maintain its dumping margin from the most recently completed 
segment of this proceeding in which it participated.
---------------------------------------------------------------------------

    \6\ See Preliminary Results.
    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) 
(Assessment of Antidumping Duties).
    \8\ See memorandum to interested parties re: ``Certain 
Crystalline Silicon Photovoltaic Products from the People's Republic 
of China: Shanghai JA Solar Technology Co., Ltd.'s No-shipment Claim 
and Release of U.S. Customs and Border Protection Information 
Relating to No Shipment Claims Made in the 2014-2016 Administrative 
Review of Certain Crystalline Silicon Photovoltaic Products from the 
People's Republic of China,'' dated April 25. 2017.
    \9\ See Assessment of Antidumping Duties; see also the 
``Assessment'' section of this notice, below.
---------------------------------------------------------------------------

Separate Rates

    In the Preliminary Results, the Department determined that Trina, 
and seven other companies demonstrated their eligibility for separate 
rates.\10\ No parties commented on this preliminary decision. For these 
final results, we continue to find that the eight companies listed in 
the table in the ``Final Results'' section of this notice are eligible 
for separate rates status. The Department assigned a dumping margin to 
the separate rate companies that it did not individually examine, but 
which demonstrated their eligibility for a separate rate, based on the 
mandatory respondent's dumping margin.\11\
---------------------------------------------------------------------------

    \10\ See Preliminary Results.
    \11\ See Memorandum, ``Calculation of the Final Dumping Margin 
for Separate Rate Recipients,'' dated concurrently with this notice.
---------------------------------------------------------------------------

Final Results of Review

    We determine that the following weighted-average dumping margins 
exist for the POR:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
------------------------------------------------------------------------
Changzhou Trina Solar Energy Co., Ltd./Trina Solar                  9.61
 (Changzhou) Science and Technology Co., Ltd./Yangcheng
 Trina Solar Energy Co., Ltd./Turpan Trina Solar Energy Co.,
 Ltd./Hubei Trina Solar Energy Co., Ltd.....................
BYD (Shangluo) Industrial Co., Ltd..........................        9.61
Chint Solar (Zhejiang) Co., Ltd.............................        9.61
Hefei JA Solar Technology Co., Ltd..........................        9.61
Perlight Solar Co., Ltd.....................................        9.61
Shenzhen Sungold Solar Co., Ltd.............................        9.61
Sunny Apex Development Ltd..................................        9.61
Wuxi Suntech Power Co., Ltd.................................        9.61
------------------------------------------------------------------------

    Because no party requested a review of the PRC-wide entity and the 
Department no longer considers the PRC-wide entity as an exporter 
conditionally subject to administrative reviews,\12\ we did not conduct 
a review of the PRC-wide entity. Thus, the weighted-average dumping 
margin for the PRC-wide entity (i.e., 165.04 percent) is not subject to 
change as a result of this review.\13\
---------------------------------------------------------------------------

    \12\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November 
4, 2013).
    \13\ See Certain 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).
---------------------------------------------------------------------------

Assessment

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries covered by this review. The 
Department intends to issue assessment instructions to CBP 15 days 
after the publication date of these final results of review. In 
accordance with 19 CFR 351.212(b)(1), we are calculating importer- (or 
customer-) specific assessment rates for the merchandise

[[Page 32172]]

subject to this review. For any individually examined respondent whose 
weighted-average dumping margin is above de minimis (i.e., 0.50 
percent), the Department will calculate importer- (or customer)-
specific assessment rates for merchandise subject to this review. Where 
the respondent reported reliable entered values, the Department 
calculated importer- (or customer)-specific ad valorem rates by 
aggregating the dumping margins calculated for all U.S. sales to the 
importer- (or customer) and dividing this amount by the total entered 
value of the sales to the importer- (or customer).\14\ Where the 
Department calculated an importer- (or customer)-specific weighted-
average dumping margin by dividing the total amount of dumping for 
reviewed sales to the importer- (or customer) by the total sales 
quantity associated with those transactions, the Department will direct 
CBP to assess importer- (or customer)-specific assessment rates based 
on the resulting per-unit rates.\15\ Where an importer- (or customer)- 
specific ad valorem or per-unit rate is greater than de minimis, the 
Department will instruct CBP to collect the appropriate duties at the 
time of liquidation. Where either the respondent's weighted average 
dumping margin is zero or de minimis, or an importer (or customer-) 
specific ad valorem or per-unit rate is zero or de minimis, the 
Department will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\16\
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.212(b)(1).
    \15\ Id.
    \16\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
---------------------------------------------------------------------------

    For merchandise whose sale/entry was not reported in the U.S. sales 
database submitted by an exporter individually examined during this 
review, but that entered under the case number of that exporter (i.e., 
at the individually-examined exporter's cash deposit rate), the 
Department will instruct CBP to liquidate such entries at the PRC-wide 
rate. Additionally, if the Department determines that an exporter under 
review had no shipments of the subject merchandise, any suspended 
entries that entered under that exporter's case number will be 
liquidated at the PRC-wide rate.\17\
---------------------------------------------------------------------------

    \17\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of review for shipments of the 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) For the companies listed above the 
cash deposit rate will be their respective rate established in the 
final results of this review; (2) for previously investigated PRC and 
non-PRC exporters not listed above that have separate rates, the cash 
deposit rate will continue to be the exporter-specific rate published 
for the most recent period; (3) for all PRC exporters of subject 
merchandise which have not been found to be entitled to a separate 
rate, the cash deposit rate will be the rate for the PRC-wide entity 
(i.e., 165.04 percent); and (4) for all non-PRC exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the PRC exporter that supplied that 
non-PRC exporter. These deposit requirements, when imposed, shall 
remain in effect until further notice.

Disclosure

    We intend to disclose the calculations performed for these final 
results within five days of publication of this notice in the Federal 
Register in accordance with 19 CFR 351.224(b).

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders (APO)

    This notice also serves as a reminder to parties subject to APO of 
their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305, which continues to govern business proprietary information in 
this segment of the proceeding. Timely written notification of the 
return or destruction of APO materials, or conversion to judicial 
protective order, is hereby requested. Failure to comply with the 
regulations and terms of an APO is a violation which is subject to 
sanction.
    This notice of the final results of this antidumping duty 
administrative review is issued and published in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213 and 19 CFR 
351.221(b)(5).

    Dated: July 5, 2017.
Carole Showers,
Executive Director, Office of Policy, performing the duties of the 
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

Summary
Background
Scope of the Order
List of Abbreviations and Acronyms
Discussion of the Issues
Comment 1: Scope of the Order
    (A) The Scope of the Order Is Unlawful
    (B) The Final Scope Determination Does Not Apply Retroactively
Comment 2: CVD Export Subsidies
Comment 3: Use of Zero Import Quantity
Comment 4: Use of Differential Pricing Analysis
Comment 5: Surrogate Value for Aluminum Frames
Comment 6: Surrogate Value for Scrap Modules
Comment 7: Exclusion of Certain Sales in the Calculation of Dumping 
Margin
Comment 8: Warranty Expenses
Comment 9: Debt Restructuring Income
Comment 10: Surrogate Value for Module Glass
Comment 11: Selection of Financial Statements
Comment 12: JA Solar Technology Co., Ltd.'s No Shipments Claim

[FR Doc. 2017-14611 Filed 7-11-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    32170                        Federal Register / Vol. 82, No. 132 / Wednesday, July 12, 2017 / Notices

                                                    Department has determined, and CBP                       completed segment of this proceeding                    VI. Recommendation
                                                    shall assess, antidumping duties on all                  for the manufacturer of the                             [FR Doc. 2017–14610 Filed 7–11–17; 8:45 am]
                                                    appropriate entries of subject                           merchandise; and (4) the cash deposit                   BILLING CODE 3510–DS–P
                                                    merchandise in accordance with the                       rate for all other manufacturers or
                                                    final results of this review. The                        exporters will continue to be 36.52
                                                    Department intends to issue appropriate                  percent, the all-others rate determined                 DEPARTMENT OF COMMERCE
                                                    assessment instructions directly to CBP                  in the LTFV investigation.6 These cash
                                                    41 days after publication of the final                   deposit requirements, when imposed,                     International Trade Administration
                                                    results of this administrative review.                   shall remain in effect until further
                                                       For Electrolux, the Department                        notice.                                                 [A–570–010]
                                                    calculated an ad valorem importer-
                                                    specific assessment rate equal to the                    Notification to Importers Regarding the                 Certain Crystalline Silicon Photovoltaic
                                                    total amount of dumping calculated for                   Reimbursement of Duties                                 Products From the People’s Republic
                                                    the importer’s examined sales and the                      This notice also serves as a final                    of China: Final Results of Antidumping
                                                    total entered value of those sales. Where                reminder to importers of their                          Duty Administrative Review and Final
                                                    an importer-specific assessment rate is                  responsibility under 19 CFR 351.402(f)                  Determination of No Shipments; 2014–
                                                    zero or de minimis (i.e., less than 0.5                  to file a certificate regarding the                     2016
                                                    percent), the Department will instruct                   reimbursement of antidumping duties
                                                    CBP to liquidate these entries without                   prior to liquidation of the relevant                    AGENCY:   Enforcement and Compliance,
                                                    regard to antidumping duties pursuant                    entries during this review period.                      International Trade Administration,
                                                    to 19 CFR 351.106(c)(2).                                 Failure to comply with this requirement                 Department of Commerce.
                                                       The Department’s ‘‘automatic                          could result in the Secretary’s                         SUMMARY: On March 7, 2017, the
                                                    assessment’’ practice will apply to                      presumption that reimbursement of                       Department of Commerce (the
                                                    entries of subject merchandise during                    antidumping duties occurred and the                     Department) published the preliminary
                                                    the POR produced by Electrolux, for                      subsequent assessment of double                         results of the first administrative review
                                                    which the company did not know that                      antidumping duties.                                     (AR) of the antidumping duty (AD)
                                                    its merchandise was destined for the                                                                             order on certain crystalline silicon
                                                    United States.4 In such instances, we                    Notification Regarding Administrative
                                                                                                                                                                     photovoltaic products from the People’s
                                                    will instruct CBP to liquidate                           Protective Order
                                                                                                                                                                     Republic of China (PRC). The period of
                                                    unreviewed entries at the all-others rate                  This notice serves as the only                        review (POR) for the AR is July 31,
                                                    established in the less-than fair-value                  reminder to parties subject to                          2014, through January 31, 2016. The AR
                                                    (LTFV) investigation (i.e., 36.52                        administrative protective order (APO) of                covers nine companies including one
                                                    percent),5 if there is no rate for the                   their responsibility concerning the                     mandatory respondent. We received
                                                    intermediary company(ies) involved in                    disposition of proprietary information                  comments from interested parties on our
                                                    the transaction.                                         disclosed under APO in accordance                       preliminary results. Based on our
                                                    Cash Deposit Requirements                                with 19 CFR 351.305(a)(3). Timely                       analysis of the comments received, we
                                                                                                             written notification of return/                         made changes to the margin calculations
                                                       The following deposit requirements                    destruction of APO materials or                         for the final results of this AR. The final
                                                    will be effective upon publication of the                conversion to judicial protective order is              weighted-average dumping margins are
                                                    notice of final results of administrative                hereby requested. Failure to comply                     listed below in the ‘‘Final Results of
                                                    review for all shipments of the subject                  with the regulations and the terms of an                Review’’ section of this notice.
                                                    merchandise entered, or withdrawn                        APO is a sanctionable violation.
                                                    from warehouse, for consumption on or                                                                            DATES: Effective July 12, 2017.
                                                                                                               This notice is published in
                                                    after the date of publication, as provided               accordance with section 751(a)(1) and                   FOR FURTHER INFORMATION CONTACT:
                                                    by section 751(a)(2)(C) of the Act: (1)                  777(i)(1) of the Act and 19 CFR                         Aleksandras Nakutis, AD/CVD
                                                    The cash deposit rate for Electrolux will                351.213(h) and 351.221(b)(5) of the                     Operations, Office IV, Enforcement &
                                                    be equal to the weighted-average                         Department’s regulations.                               Compliance, International Trade
                                                    dumping margin established in the final                                                                          Administration, Department of
                                                                                                               Dated: July 5, 2017.
                                                    results of this administrative review; (2)                                                                       Commerce, 1401 Constitution Avenue
                                                                                                             Gary Taverman,
                                                    for merchandise exported by                                                                                      NW., Washington, DC 20230; telephone:
                                                    manufacturers or exporters not covered                   Deputy Assistant Secretary for Antidumping              (202) 482–3147.
                                                                                                             and Countervailing Duty Operations,
                                                    in this administrative review but                        performing the non-exclusive functions and              SUPPLEMENTARY INFORMATION:
                                                    covered in a prior segment of the                        duties of the Assistant Secretary for
                                                    proceeding, the cash deposit rate will                                                                           Background
                                                                                                             Enforcement and Compliance.
                                                    continue to be the company-specific rate                                                                           On March 7, 2017, the Department
                                                    published for the most recently-                         Appendix I—List of Topics Discussed in
                                                                                                                                                                     published in the Federal Register the
                                                    completed segment; (3) if the exporter is                the Issues and Decision Memorandum
                                                                                                                                                                     preliminary results of the 2014–2016 AR
                                                    not a firm covered in this review, a prior               I. Summary                                              of the antidumping duty order on
                                                    review, or the original LTFV                             II. Background                                          certain crystalline silicon photovoltaic
                                                    investigation, but the manufacturer is,                  III. Scope of the Order                                 products from the PRC.1 For events
                                                                                                             IV. Margin Calculations
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    the cash deposit rate will be the rate                                                                           subsequent to the Preliminary Results,
                                                                                                             V. Discussion of the Issues
                                                    established for the most recently-
                                                                                                                Comment 1. The Department’s Use of
                                                                                                                                                                       1 See Certain Crystalline Silicon Photovoltaic
                                                                                                                   Zeroing
                                                      4 See Antidumping and Countervailing Duty                 Comment 2. Methodological Issues in the              Products from the People’s Republic of China:
                                                    Proceedings: Assessment of Antidumping Duties, 68                                                                Preliminary Results of Antidumping Duty
                                                                                                                   Differential Pricing Analysis
                                                    FR 23954 (May 6, 2003) for a full discussion of this                                                             Administrative Review and Preliminary
                                                    practice.                                                   Comment 3. Calculation Errors in
                                                                                                                                                                     Determination of No Shipments; 2014–2016, 82 FR
                                                      5 See Large Residential Washers From Mexico and              Electrolux’s Margin Program                       12793 (March 7, 2017) (Preliminary Results) and
                                                    the Republic of Korea: Antidumping Duty Orders,                                                                  accompanying Preliminary Decision Memorandum
                                                    78 FR 11148 (February 15, 2013).                              6 Id.                                              (PDM).



                                               VerDate Sep<11>2014   17:54 Jul 11, 2017   Jkt 241001   PO 00000     Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\12JYN1.SGM   12JYN1


                                                                                 Federal Register / Vol. 82, No. 132 / Wednesday, July 12, 2017 / Notices                                                                 32171

                                                    see the Department’s Issues and                          dumping margins for the mandatory                       to the separate rate companies that it
                                                    Decision Memorandum.2                                    respondent, Trina.4 5                                   did not individually examine, but
                                                                                                                                                                     which demonstrated their eligibility for
                                                    Scope of the Order                                       Final Determination of No Shipments
                                                                                                                                                                     a separate rate, based on the mandatory
                                                       The merchandise covered by the order                     In the Preliminary Results, we found                 respondent’s dumping margin.11
                                                    is modules, laminates and/or panels                      that one company, JA Solar Technology
                                                    consisting of crystalline silicon                        Co., Ltd. (JA Solar), had no shipments                  Final Results of Review
                                                    photovoltaic cells, whether or not                       during the POR.6 Consistent with the                      We determine that the following
                                                    partially or fully assembled into other                  Department’s assessment practice in                     weighted-average dumping margins
                                                    products, including building integrated                  NME cases, we completed the review                      exist for the POR:
                                                    materials.3 Merchandise covered by the                   with respect to JA Solar.7 The
                                                    order is currently classified in the                     Department placed on the record a                                                                           Weighted-
                                                    Harmonized Tariff Schedule of the                        memorandum regarding JA Solar’s no                                                                           average
                                                                                                                                                                                       Exporter                          dumping
                                                    United States (HTSUS) under                              shipment claim and shipment data from                                                                         margin
                                                    subheadings 8501.61.0000,                                U.S. Customs and Border Protection
                                                    8507.20.8030, 8507.20.8040,                              (CBP).8 On May 1, 2017, JA Solar timely                 Changzhou Trina Solar Energy
                                                    8507.20.8060, 8507.20.8090,                              submitted comments regarding the                          Co., Ltd./Trina Solar
                                                    8541.40.6020, 8541.40.6030 and                           Department’s memorandum on JA                             (Changzhou) Science and
                                                    8501.31.8000. These HTSUS                                Solar’s no shipment claim. No parties                     Technology Co., Ltd./
                                                                                                             submitted rebuttal comments regarding                     Yangcheng Trina Solar Energy
                                                    subheadings are provided for
                                                                                                             JA Solar’s no shipment claim. For these                   Co., Ltd./Turpan Trina Solar
                                                    convenience and customs purposes; the                                                                              Energy Co., Ltd./Hubei Trina
                                                    written description of the scope of the                  final results, we continue to find that JA
                                                                                                                                                                       Solar Energy Co., Ltd. ............                    9.61
                                                    order is dispositive.                                    Solar had no shipments during the POR.                  BYD (Shangluo) Industrial Co.,
                                                                                                             As noted in the ‘‘Assessment’’ section                    Ltd ...........................................        9.61
                                                    Analysis of Comments Received                            below, the Department will issue                        Chint Solar (Zhejiang) Co., Ltd ..                       9.61
                                                       All issues raised in the case and                     appropriate instructions with respect to                Hefei JA Solar Technology Co.,
                                                    rebuttal briefs filed by parties in this                 this company to CBP based on our final                    Ltd ...........................................        9.61
                                                    review are addressed in the Issues and                   results.9 In addition, JA Solar will                    Perlight Solar Co., Ltd ................                 9.61
                                                    Decision Memorandum, which is hereby                     maintain its dumping margin from the                    Shenzhen Sungold Solar Co.,
                                                    adopted by this notice. A list of the                    most recently completed segment of this                   Ltd ...........................................        9.61
                                                                                                             proceeding in which it participated.                    Sunny Apex Development Ltd ....                          9.61
                                                    issues that parties raised, and to which                                                                         Wuxi Suntech Power Co., Ltd ....                         9.61
                                                    we responded in the Issues and                           Separate Rates
                                                    Decision Memorandum, follows as an                                                                                 Because no party requested a review
                                                    appendix to this notice. The Issues and                     In the Preliminary Results, the
                                                                                                             Department determined that Trina, and                   of the PRC-wide entity and the
                                                    Decision Memorandum is a public                                                                                  Department no longer considers the
                                                    document and is on file electronically                   seven other companies demonstrated
                                                                                                             their eligibility for separate rates.10 No              PRC-wide entity as an exporter
                                                    via Enforcement and Compliance’s                                                                                 conditionally subject to administrative
                                                    Antidumping and Countervailing Duty                      parties commented on this preliminary
                                                                                                             decision. For these final results, we                   reviews,12 we did not conduct a review
                                                    Centralized Electronic Service System                                                                            of the PRC-wide entity. Thus, the
                                                    (ACCESS). ACCESS is available to                         continue to find that the eight
                                                                                                             companies listed in the table in the                    weighted-average dumping margin for
                                                    registered users at https://                                                                                     the PRC-wide entity (i.e., 165.04
                                                    access.trade.gov and to all parties in the               ‘‘Final Results’’ section of this notice are
                                                                                                             eligible for separate rates status. The                 percent) is not subject to change as a
                                                    Central Records Unit, room B8024 of the                                                                          result of this review.13
                                                    main Department of Commerce                              Department assigned a dumping margin
                                                    building. In addition, a complete                                                                                Assessment
                                                                                                                  4 In
                                                                                                                    these final results of review, the Department
                                                    version of the Issues and Decision                       has continued to treat the following six companies         The Department will determine, and
                                                    Memorandum can be accessed directly                      as a single entity: Changzhou Trina Solar Energy        CBP shall assess, antidumping duties on
                                                    on the Internet at http://                               Co., Ltd./Trina Solar (Changzhou) Science &             all appropriate entries covered by this
                                                    enforcement.trade.gov/frn/. The paper                    Technology Co., Ltd./Yancheng Trina Solar Energy
                                                                                                             Techology Co., Ltd./Changzhou Trina Solar Yabang
                                                                                                                                                                     review. The Department intends to issue
                                                    copy and electronic version of the Issues                Energy Co., Ltd./Turpan Trina Solar Energy Co.,         assessment instructions to CBP 15 days
                                                    and Decision Memorandum are                              Ltd./Hubeui Trina Solar Energy Co., Ltd.                after the publication date of these final
                                                    identical in content.                                    (Collectively, Trina). See Preliminary Results, 82 FR   results of review. In accordance with 19
                                                                                                             12793 (March 7, 2017) and PDM at 6.
                                                    Changes Since the Preliminary Results                       5 See Issues and Decision Memorandum at
                                                                                                                                                                     CFR 351.212(b)(1), we are calculating
                                                                                                             comments 6, 8, 9, and 11.                               importer- (or customer-) specific
                                                      Based on a review of the record and                       6 See Preliminary Results.                           assessment rates for the merchandise
                                                    comments received from interested                           7 See Non-Market Economy Antidumping
                                                    parties regarding our Preliminary                        Proceedings: Assessment of Antidumping Duties, 76         11 See Memorandum, ‘‘Calculation of the Final

                                                    Results, and for the reasons explained in                FR 65694, 65694–95 (October 24, 2011)                   Dumping Margin for Separate Rate Recipients,’’
                                                    the Issues and Decision Memorandum,                      (Assessment of Antidumping Duties).                     dated concurrently with this notice.
                                                                                                                8 See memorandum to interested parties re:             12 See Antidumping Proceedings: Announcement
                                                    we made revisions to our preliminary                     ‘‘Certain Crystalline Silicon Photovoltaic Products
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                     of Change in Department Practice for Respondent
                                                    calculations of the weighted-average                     from the People’s Republic of China: Shanghai JA        Selection in Antidumping Duty Proceedings and
                                                                                                             Solar Technology Co., Ltd.’s No-shipment Claim          Conditional Review of the Nonmarket Economy
                                                      2 See Memorandum, ‘‘Issues and Decision                and Release of U.S. Customs and Border Protection       Entity in NME Antidumping Duty Proceedings, 78
                                                    Memorandum for the Final Results of the 2014–            Information Relating to No Shipment Claims Made         FR 65963, 65969–70 (November 4, 2013).
                                                    2016 Antidumping Duty Administrative Review of           in the 2014–2016 Administrative Review of Certain         13 See Certain Silicon Photovoltaic Products from
                                                    Crystalline Silicon Photovoltaic Products From the       Crystalline Silicon Photovoltaic Products from the      the People’s Republic of China: Antidumping Duty
                                                    People’s Republic of China,’’ (Issues and Decision       People’s Republic of China,’’ dated April 25. 2017.     Order; and Amended Final Affirmative
                                                    Memorandum), dated concurrently with this notice.           9 See Assessment of Antidumping Duties; see also
                                                                                                                                                                     Countervailing Duty Determination and
                                                      3 For a complete description of the scope of the       the ‘‘Assessment’’ section of this notice, below.       Countervailing Duty Order, 80 FR 8592 (February
                                                    order, see Issues and Decision Memorandum.                  10 See Preliminary Results.                          18, 2015).



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                                                    32172                          Federal Register / Vol. 82, No. 132 / Wednesday, July 12, 2017 / Notices

                                                    subject to this review. For any                            Cash Deposit Requirements                             Failure to comply with the regulations
                                                    individually examined respondent                             The following cash deposit                          and terms of an APO is a violation
                                                    whose weighted-average dumping                             requirements will be effective upon                   which is subject to sanction.
                                                    margin is above de minimis (i.e., 0.50                     publication of these final results of                    This notice of the final results of this
                                                    percent), the Department will calculate                    review for shipments of the subject                   antidumping duty administrative review
                                                    importer- (or customer)-specific                           merchandise from the PRC entered, or                  is issued and published in accordance
                                                    assessment rates for merchandise                           withdrawn from warehouse, for                         with sections 751(a)(1) and 777(i) of the
                                                    subject to this review. Where the                          consumption on or after the publication               Act and 19 CFR 351.213 and 19 CFR
                                                    respondent reported reliable entered                       date, as provided by section 751(a)(2)(C)             351.221(b)(5).
                                                    values, the Department calculated                          of the Act: (1) For the companies listed                Dated: July 5, 2017.
                                                    importer- (or customer)-specific ad                        above the cash deposit rate will be their             Carole Showers,
                                                    valorem rates by aggregating the                           respective rate established in the final              Executive Director, Office of Policy,
                                                    dumping margins calculated for all U.S.                    results of this review; (2) for previously            performing the duties of the Deputy Assistant
                                                    sales to the importer- (or customer) and                   investigated PRC and non-PRC exporters                Secretary for Enforcement and Compliance.
                                                    dividing this amount by the total                          not listed above that have separate rates,
                                                                                                               the cash deposit rate will continue to be             Appendix—List of Topics Discussed in
                                                    entered value of the sales to the                                                                                the Issues and Decision Memorandum
                                                    importer- (or customer).14 Where the                       the exporter-specific rate published for
                                                    Department calculated an importer- (or                     the most recent period; (3) for all PRC               Summary
                                                                                                               exporters of subject merchandise which                Background
                                                    customer)-specific weighted-average                                                                              Scope of the Order
                                                    dumping margin by dividing the total                       have not been found to be entitled to a
                                                                                                               separate rate, the cash deposit rate will             List of Abbreviations and Acronyms
                                                    amount of dumping for reviewed sales                                                                             Discussion of the Issues
                                                                                                               be the rate for the PRC-wide entity (i.e.,
                                                    to the importer- (or customer) by the                                                                            Comment 1: Scope of the Order
                                                                                                               165.04 percent); and (4) for all non-PRC
                                                    total sales quantity associated with                                                                               (A) The Scope of the Order Is Unlawful
                                                                                                               exporters of subject merchandise which                  (B) The Final Scope Determination Does
                                                    those transactions, the Department will                    have not received their own rate, the
                                                    direct CBP to assess importer- (or                                                                                    Not Apply Retroactively
                                                                                                               cash deposit rate will be the rate                    Comment 2: CVD Export Subsidies
                                                    customer)-specific assessment rates                        applicable to the PRC exporter that                   Comment 3: Use of Zero Import Quantity
                                                    based on the resulting per-unit rates.15                   supplied that non-PRC exporter. These                 Comment 4: Use of Differential Pricing
                                                    Where an importer- (or customer)-                          deposit requirements, when imposed,                     Analysis
                                                    specific ad valorem or per-unit rate is                    shall remain in effect until further                  Comment 5: Surrogate Value for Aluminum
                                                    greater than de minimis, the Department                    notice.                                                 Frames
                                                    will instruct CBP to collect the                                                                                 Comment 6: Surrogate Value for Scrap
                                                    appropriate duties at the time of                          Disclosure                                              Modules
                                                                                                                  We intend to disclose the calculations             Comment 7: Exclusion of Certain Sales in the
                                                    liquidation. Where either the                                                                                      Calculation of Dumping Margin
                                                    respondent’s weighted average dumping                      performed for these final results within              Comment 8: Warranty Expenses
                                                    margin is zero or de minimis, or an                        five days of publication of this notice in            Comment 9: Debt Restructuring Income
                                                    importer (or customer-) specific ad                        the Federal Register in accordance with               Comment 10: Surrogate Value for Module
                                                    valorem or per-unit rate is zero or de                     19 CFR 351.224(b).                                      Glass
                                                    minimis, the Department will instruct                      Notification to Importers Regarding the               Comment 11: Selection of Financial
                                                    CBP to liquidate appropriate entries                                                                               Statements
                                                                                                               Reimbursement of Duties                               Comment 12: JA Solar Technology Co., Ltd.’s
                                                    without regard to antidumping duties.16                      This notice also serves as a final                    No Shipments Claim
                                                       For merchandise whose sale/entry                        reminder to importers of their                        [FR Doc. 2017–14611 Filed 7–11–17; 8:45 am]
                                                    was not reported in the U.S. sales                         responsibility under 19 CFR                           BILLING CODE 3510–DS–P
                                                    database submitted by an exporter                          351.402(f)(2) to file a certificate
                                                    individually examined during this                          regarding the reimbursement of
                                                    review, but that entered under the case                    antidumping duties prior to liquidation               DEPARTMENT OF COMMERCE
                                                    number of that exporter (i.e., at the                      of the relevant entries during this
                                                    individually-examined exporter’s cash                      review period. Failure to comply with                 National Institute of Standards and
                                                    deposit rate), the Department will                         this requirement could result in the                  Technology
                                                    instruct CBP to liquidate such entries at                  Department’s presumption that                         [Docket Number 170627596–7596–01]
                                                    the PRC-wide rate. Additionally, if the                    reimbursement of antidumping duties
                                                    Department determines that an exporter                     occurred and the subsequent assessment                Strengthening the Cybersecurity of
                                                    under review had no shipments of the                       of double antidumping duties.                         Federal Networks and Critical
                                                    subject merchandise, any suspended                         Notification Regarding Administrative                 Infrastructure: Workforce Development
                                                    entries that entered under that                            Protective Orders (APO)                               AGENCY: National Institute of Standards
                                                    exporter’s case number will be
                                                                                                                 This notice also serves as a reminder               and Technology (NIST), Department of
                                                    liquidated at the PRC-wide rate.17                         to parties subject to APO of their                    Commerce.
                                                                                                               responsibility concerning the return or               ACTION: Notice; Request for Information
                                                      14 See   19 CFR 351.212(b)(1).
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                      15 Id.
                                                                                                               destruction of proprietary information                (RFI).
                                                      16 See Antidumping Proceedings: Calculation of
                                                                                                               disclosed under APO in accordance
                                                    the Weighted-Average Dumping Margin and                    with 19 CFR 351.305, which continues                  SUMMARY:   Executive Order 13800,
                                                    Assessment Rate in Certain Antidumping Duty                to govern business proprietary                        ‘‘Strengthening the Cybersecurity of
                                                    Proceedings; Final Modification, 77 FR 8101, 8103          information in this segment of the                    Federal Networks and Critical
                                                    (February 14, 2012).                                       proceeding. Timely written notification               Infrastructure’’ (the ‘‘Executive Order’’),
                                                      17 See Non-Market Economy Antidumping

                                                    Proceedings: Assessment of Antidumping Duties, 76
                                                                                                               of the return or destruction of APO                   directs the Secretary of Commerce, in
                                                    FR 65694 (October 24, 2011), for a full discussion         materials, or conversion to judicial                  conjunction with the Secretary of
                                                    of this practice.                                          protective order, is hereby requested.                Homeland Security, and in consultation


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Document Created: 2017-07-12 03:00:28
Document Modified: 2017-07-12 03:00:28
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 July 12, 2017.
ContactAleksandras Nakutis, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3147.
FR Citation82 FR 32170 

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