82 FR 32678 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Countervailing Duty Administrative Review, and Partial Rescission of Countervailing Duty Administrative Review; 2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 135 (July 17, 2017)
International Trade Administration
Federal Register Volume 82, Issue 135 (July 17, 2017)
| Page Range | 32678-32681 | |
| FR Document | 2017-14957 |
[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)] [Notices] [Pages 32678-32681] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14957] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-980] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Countervailing Duty Administrative Review, and Partial Rescission of Countervailing Duty Administrative Review; 2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has completed its administrative review of the countervailing duty order (CVD) on crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the People's Republic of China (PRC) for the January 1, 2014, through December 31, 2014, period of review (POR). We have determined that the mandatory respondents Canadian Solar Manufacturing (Changshu) Inc. and its cross-owned affiliates (collectively, Canadian Solar) and Changzhou Trina Solar Energy Co., Ltd. and its cross-owned affiliates (collectively, Trina Solar), received countervailable subsidies during the POR. The final net subsidy rates are listed below in the section, ``Final Results of Administrative Review.'' We are also rescinding the review for 20 companies for which all review requests were timely withdrawn or for which we have concluded that there were no entries, exports, or sales of the subject merchandise during the POR. DATES: Applicable July 17, 2017. FOR FURTHER INFORMATION CONTACT: Gene H. 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. Background The Department published the Preliminary Results of this administrative review in the Federal Register on January 9, 2017.\1\ We invited interested parties to comment on the Preliminary Results. On May 11, 2017, we received timely case briefs from the following interested parties: SolarWorld Americas, Inc. (the petitioner); the Government of China (GOC); Canadian Solar; Trina Solar; Shanghai BYD Co., Ltd. and BYD (Shangluo) Industrial Co., Ltd. (collectively, Shanghai BYD); Systemes Versilis, Inc. (Systemes Versilis); and Toenergy Technology Hangzhou Co., Ltd.\2\ On May 17, 2017, we received timely rebuttal comments from the petitioner; the GOC; Canadian Solar; Trina Solar; Shanghai BYD; and Systemes Versilis.\3\ --------------------------------------------------------------------------- \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Preliminary Intent To Rescind, in Part; 2014, 82 FR 2317 (January 9, 2017) (Preliminary Results). \2\ See Letter to the Secretary from the petitioner, ``Certain Crystalline Silicon Photovoltaic Products from the People's Republic of China: Case Brief of SolarWorld Americas, Inc.,'' (May 11, 2017); Letter to the Secretary from the GOC, ``GOC Administrative Case Brief: Third 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 (C-570-980),'' (May 11, 2017); Letter to the Secretary from Canadian Solar, ``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules from the People's Republic of China: Case Brief,'' (May 11, 2017) ; Letter to the Secretary from Trina Solar, ``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules from the People's Republic of China--Case Brief,'' (May 11, 2017); Letter to the Secretary from Shanghai BYD, ``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China--2014 CVD Review: BYD's Case Brief,'' (May 11, 2017); Letter to the Secretary from Systemes Versilis, ``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China--2014 CVD Review: Systems Versilis's Case Brief,'' (May 11, 2017); and Letter to the Secretary from Toenergy, ``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China (C-570-980); Preliminary Results of the 2014 Countervailing Duty Administrative Review; Case Brief of Toenergy Technology Hangzhou Co., Ltd. (May 11, 2017). \3\ See Letter to the Secretary from the petitioner, ``Crystalline Silicon Photovoltaic Cells, Whether Or Not Assembled Into Modules from the People's Republic of China: Rebuttal Brief of SolarWorld Americas, Inc.,'' (May 17, 2017) ; Letter to the Secretary from the GOC, ``GOC Rebuttal Brief: Third 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 (C-570-980) (May 17, 2017); Letter to the Secretary from Canadian Solar, ``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules from the People's Republic of China: Rebuttal Brief,'' (May 17, 2017); Letter to the Secretary from Trina Solar, ``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules from the People's Republic of China--Rebuttal Brief,'' (May 17, 2017); Letter to the Secretary from Shanghai BYD, ``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China--2014 CVD Review: BYD's Rebuttal Brief,'' (May 17, 2017); and Letter to the Secretary from Systemes Versilis, ``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China--2014 CVD Review: Systemes Versilis's Rebuttal Brief,'' (May 17, 2017). --------------------------------------------------------------------------- [[Page 32679]] On April 12, 2017, in accordance with section 751(a)(3)(A) of the Act, the Department extended the period for issuing the final results of this review by 45 days, to June 23, 2017.\4\ On June 7, 2017, the Department extended the period for issuing the final results by an additional 15 days, to July 8, 2017.\5\ --------------------------------------------------------------------------- \4\ See Department Memorandum, ``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Extension of Deadline for Final Results of Third Countervailing Duty Administrative Review,'' (April 12, 2017). \5\ See Department Memorandum, ``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Second Extension of Deadline for Final Results of Third Countervailing Duty Administrative Review,'' (June 7, 2017); see also Notice of Clarification: Application of ``Next Business Day'' Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). --------------------------------------------------------------------------- Scope of the Order The merchandise covered by this order is crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels, and building integrated materials. The product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) item numbers 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this order is dispositive. A full description of the scope of the order is contained in the Issues and Decision Memorandum, which is hereby adopted by this notice.\6\ --------------------------------------------------------------------------- \6\ See Department Memorandum to James Maeder, Senior Director, Performing the Duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Decision Memorandum for Final Results and Partial Rescission of Countervailing Duty Administrative Review: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China; 2014,'' dated concurrently with this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Corrections to the Preliminary Results The Federal Register notice for the Preliminary Results incorrectly listed the case number for this review as ``C-570-971,'' instead of under the correct case number ``C-570-980.'' \7\ Accordingly, we now correct the Preliminary Results of this administrative review to be referenced under case number ``C-570-980.'' In addition, the Preliminary Results inadvertently referenced a non-selected company under review as ``Toenergy Technology,'' rather than its legal name, ``Toenergy Technology Hangzhou Co., Ltd.'' \8\ We hereby correct the Preliminary Results to reference ``Toenergy Technology Hangzhou Co., Ltd,'' as a non-selected company under review. --------------------------------------------------------------------------- \7\ See Preliminary Results. \8\ Id. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in interested parties' briefs are addressed in the Issues and Decision Memorandum accompanying this notice. A list of the issues raised by interested parties and to which we responded in the Issues and Decision Memorandum is provided in Appendix I 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 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 access directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on case briefs, rebuttal briefs, and all supporting documentation, we made changes from the Preliminary Results. The Department has modified its creditworthiness findings for both mandatory respondents to find that the respondents were creditworthy during certain years. Additionally, the Department has adjusted Canadian Solar's inland freight charges when constructing the benchmarks for its purchases regarding the provision of inputs for LTAR programs and its discount rates for the Preferential Policy Lending program. We also adjusted the discount rates for both respondents based on our final determination that both mandatory respondents were creditworthy in certain years. Partial Rescission of Review We are rescinding this administrative review for 20 companies named in the Initiation Notice.\9\ In the Preliminary Results, we made a preliminary determination to rescind the review of companies for which all review requests were timely withdrawn.\10\ We received no comments with regard to this preliminary determination, and are accordingly rescinding the review for these companies in accordance with 19 CFR 351.212(d)(1). With respect to JA Solar Technology Yangzhou Co., Ltd.; JingAo Solar Co., Ltd.; and Shanghai JA Solar Technology Co., Ltd. (collectively, the JA Solar Companies), the Preliminary Results stated that we preliminarily intended to rescind the review for these companies because they timely withdrew their request for review and no other party requested a review for these companies.\11\ This was incorrect, as petitioners also requested a review of the JA Solar Companies.\12\ However, we also noted that the JA Solar Companies reported that they made no exports or sales of subject merchandise to the United States during the POR.\13\ We received no comments regarding whether to rescind the review of the JA Solar Companies or on what basis the review should be rescinded. As a result, we are rescinding the review with respect to the JA Solar Companies pursuant to 19 CFR 351.213(d)(3). --------------------------------------------------------------------------- \9\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 6832 (February 9, 2016) (Initiation Notice). \10\ See Preliminary Results. \11\ Id. \12\ See Letter to the Secretary from the petitioner, ``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Request for Administrative Review,'' (December 31, 2015). \13\ See Department Memorandum, ``Decision Memorandum for the Preliminary Results of the 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; 2014,'' dated concurrently with and adopted by the Preliminary Results (PDM) at 2-3. --------------------------------------------------------------------------- All companies for which we are rescinding this administrative review are listed in Appendix II to this notice. For these companies, countervailing duties shall be assessed at rates equal to the rates of the cash deposits for estimated countervailing duties required at the time of entry, or withdrawal from [[Page 32680]] warehouse, for consumption, during the POR, in accordance with 19 CFR 351.212(c)(2). Methodology The Department conducted this 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 to be countervailable, we find that there is a subsidy, i.e., a financial contribution from a government or public entity that gives rise to a benefit to the recipient, and that the subsidy is specific.\14\ For a full description of the methodology underlying all of the Department's conclusions, including any determination that relied upon the use of adverse facts available pursuant to sections 776(a) and (b) of the Act, see the Issues and Decision Memorandum. --------------------------------------------------------------------------- \14\ 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. --------------------------------------------------------------------------- Final Results of Administrative Review In accordance with 19 CFR 351.221(b)(5), we calculated a countervailable subsidy rate for the two mandatory respondents, Canadian Solar and Trina Solar. For the non-selected companies subject to this review,\15\ we followed the Department's practice, which is to base the subsidy rates on an average of the subsidy rates calculated for those companies selected for individual review, excluding de minimis rates or rates based entirely on adverse facts available.\16\ In this case, for the non-selected companies, we have calculated a rate by weight-averaging the calculated subsidy rates of the two mandatory respondents using their publicly-ranged sales data for exports of subject merchandise to the United States during the POR. We find the countervailable subsidy rates for the producers/exporters under review to be as follows: --------------------------------------------------------------------------- \15\ See Appendix III. \16\ See, e.g., Certain Pasta from Italy: Preliminary Results of the 13th (2008) Countervailing Duty Administrative Review, 75 FR 18806, 18811 (April 13, 2010), unchanged in Certain Pasta from Italy: Final Results of the 13th (2008) Countervailing Duty Administrative Review, 75 FR 37386 (June 29, 2010). \17\ See Preliminary Results at the section, ``Preliminary Results of Review.'' Cross-owned affiliates are: Canadian Solar Inc.; 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. \18\ Id. Cross-owned affiliates are: Trina Solar Limited; 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. ------------------------------------------------------------------------ Subsidy rate Company (percent ad valorem) ------------------------------------------------------------------------ Canadian Solar Manufacturing (Changshu) and its Cross- 18.30 Owned Affiliates \17\.................................. Changzhou Trina Solar Energy Co., Ltd. and its Cross- 17.14 Owned Affiliates \18\.................................. BYD (Shangluo) Industrial Co., Ltd...................... 17.53 Chint Solar (Zhejiang) Co., Ltd......................... 17.53 ET Solar Energy Limited................................. 17.53 ET Solar Industry Limited............................... 17.53 Hangzhou Sunny Energy Science and Technology Co., Ltd... 17.53 Jiawei Solarchina Co., Ltd.............................. 17.53 Jiawei Solarchina (Shenzhen) Co., Ltd................... 17.53 Lightway Green New Energy Co., Ltd...................... 17.53 Luoyang Suntech Power Co., Ltd.......................... 17.53 Ningbo Qixin Solar Electrical Appliance Co., Ltd........ 17.53 Shanghai BYD Co., Ltd................................... 17.53 Shenzhen Topray Solar Co. Ltd........................... 17.53 Systemes Versilis, Inc.................................. 17.53 Taizhou BD Trade Co., Ltd............................... 17.53 tenKsolar (Shanghai) Co., Ltd........................... 17.53 Toenergy Technology Hangzhou Co., Ltd................... 17.53 Wuxi Suntech Power Co., Ltd............................. 17.53 ------------------------------------------------------------------------ Disclosure We will disclose to the parties in this proceeding the calculations performed for these final results within five days of the date of publication of this notice in the Federal Register.\19\ --------------------------------------------------------------------------- \19\ See 19 CFR 351.224(b). --------------------------------------------------------------------------- Assessment Rates Consistent with 19 CFR 351.212(b)(2), we intend to issue assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of these final results of review, to liquidate shipments of subject merchandise entered, or withdrawn from warehouse, for consumption, on or after January 1, 2014, through December 31, 2014, at the ad valorem rates listed above. Cash Deposit Instructions In accordance with section 751(a)(1) of the Act, we intend to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of the respective companies listed above. These cash deposit requirements, when imposed, shall remain in effect until further notice. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: July 10, 2017. Carole Showers, Executive Director, Office of Policy, performing the duties of the Deputy Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Issues and Decision Memorandum Summary [[Page 32681]] Background List of Comments from Interested Parties Scope of the Order Correction to the Preliminary Results Changes Since the Preliminary Results Partial Rescission of Administrative Review Non-Selected Companies Under Review Subsidies Valuation Information Allocation Period Attribution of Subsidies Denominators Creditworthiness Benchmarks and Discount Rates Use of Facts Otherwise Available and Adverse Inferences Programs Determined To Be Countervailable Programs Determined To Be not Countervailable During the POR Programs Determined Not To Be Used or Not To Confer Measurable Benefits Analysis of Comments Comment 1: Usage of Export Buyer's Credit Program Comment 2: Selection of the Adverse Facts Available (AFA) Rate for Export Buyer's Credit Program Comment 3: Whether the Aluminum Extrusions for Less Than Adequate Remuneration (LTAR) Program Is Specific Comment 4: Aluminum Extrusions Benchmark Comment 5: Solar Glass Benchmark Comment 6: Polysilicon Benchmark Comment 7: Ocean Freight Benchmark Comment 8: Inland Freight Benchmarks Comment 9: Inclusion of Value Added Tax (VAT) in LTAR Benchmarks Comment 10: Electricity for LTAR Comment 11: Creditworthiness Comment 12: Whether the Department Should Adjust the Benefit Calculation for the Preferential Policy Lending Program Comment 13: Canadian Solar's Benefit From the Golden Sun Demonstration Program Comment 14: Whether the Export Credit Insurance Program is Countervailable Comment 15: Clerical Errors in the Preliminary Results Recommendation Appendix--Non-Selected Companies Under Review Appendix II List of Companies for Which We are Rescinding This Administrative Review \20\ --------------------------------------------------------------------------- \20\ See Issues and Decision Memorandum at the section, ``Partial Rescission of Administrative Review.'' --------------------------------------------------------------------------- 1. Baoding Jiasheng Photovoltaic Technology Co. Ltd. 2. Baoding Tianwei Yingli New Energy Resources Co., Ltd. 3. Beijing Tianneng Yingli New Energy Resources Co. Ltd. 4. ERA Solar Co. Limited 5. Hainan Yingli New Energy Resources Co., Ltd. 6. Hengshui Yingli New Energy Resources Co., Ltd. 7. JA Solar Technology Yangzhou Co., Ltd. 8. JingAo Solar Co., Ltd. 9. Jinko Solar Co., Ltd. 10. Jinko Solar Import and Export Co., Ltd. 11. JinkoSolar International Limited 12. JinkoSolar (U.S.) Inc. 13. Lixian Yingli New Energy Resources Co., Ltd. 14. Shanghai JA Solar Technology Co., Ltd. 15. Tianjin Yingli New Energy Resources Co., Ltd. 16. Yingli Energy (China) Co., Ltd. 17. Yingli Green Energy Holding Company Limited 18. Yingli Green Energy International Trading Company Limited 19. Zhejiang Jinko Solar Co., Ltd. 20. Zhejiang Sunflower Light Energy Science & Technology Liability Company Appendix III List of 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 Hangzhou Co., Ltd. 17. Wuxi Suntech Power Co., Ltd. [FR Doc. 2017-14957 Filed 7-14-17; 8:45 am] BILLING CODE 3510-DS-P
![32678 Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Notices
respondents easier access, convenience whether the information shall have entries, exports, or sales of the subject
and flexibility. In the few cases of practical utility; (b) the accuracy of the merchandise during the POR.
companies that have no access to the agency’s estimate of the burden DATES: Applicable July 17, 2017.
Internet, the Census Bureau can arrange (including hours and cost) of the FOR FURTHER INFORMATION CONTACT:
for the companies to provide data to an proposed collection of information; (c) Gene H. Calvert, AD/CVD Operations,
analyst via telephone. ways to enhance the quality, utility, and Office VII, Enforcement and
The AWTS survey collects data on clarity of the information to be Compliance, International Trade
annual sales, e-commerce sales, collected; and (d) ways to minimize the Administration, U.S. Department of
operating expenses, purchases, burden of the collection of information Commerce, 1401 Constitution Avenue
commissions, and year-end inventories. on respondents, including through the NW., Washington, DC 20230; telephone
There are five electronic form types use of automated collection techniques (202) 482–3586.
based on the specific type of operation or other forms of information
and structure of the sampled firm. Each technology. Background
form asks a different subset of the items Comments submitted in response to The Department published the
listed above based on relevance to their this notice will be summarized and/or Preliminary Results of this
type of operation. These data are used included in the request for OMB administrative review in the Federal
to satisfy a variety of public and approval of this information collection, Register on January 9, 2017.1 We invited
business needs such as economic and will become a matter of public interested parties to comment on the
market analysis, company performance, record. Preliminary Results. On May 11, 2017,
and forecasting future demands. The we received timely case briefs from the
Sheleen Dumas,
Bureau of Economic Analysis uses the following interested parties: SolarWorld
Departmental PRA Lead, Office of the Chief
data in developing the Nation’s Gross Americas, Inc. (the petitioner); the
Information Officer.
Domestic Product (GDP) estimates and Government of China (GOC); Canadian
[FR Doc. 2017–14871 Filed 7–14–17; 8:45 am]
the national accounts’ input-output Solar; Trina Solar; Shanghai BYD Co.,
BILLING CODE 3510–07–P
tables. The Bureau of Labor Statistics Ltd. and BYD (Shangluo) Industrial Co.,
uses the data as an input to its producer Ltd. (collectively, Shanghai BYD);
price indices and in developing Systemes Versilis, Inc. (Systemes
DEPARTMENT OF COMMERCE
productivity measurements. Versilis); and Toenergy Technology
Results will be available by type of International Trade Administration Hangzhou Co., Ltd.2 On May 17, 2017,
operation and item collected at the we received timely rebuttal comments
United States summary level [C–570–980]
from the petitioner; the GOC; Canadian
approximately fifteen months after the Solar; Trina Solar; Shanghai BYD; and
end of the reference year. Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Systemes Versilis.3
II. Method of Collection Modules, From the People’s Republic
1 See Crystalline Silicon Photovoltaic Cells,
The Census Bureau primarily collects of China: Final Results of
Whether or Not Assembled Into Modules, from the
this information via the Internet and, in Countervailing Duty Administrative People’s Republic of China: Preliminary Results of
rare cases when respondents have no Review, and Partial Rescission of Countervailing Duty Administrative Review and
access to the Internet, by telephone. Countervailing Duty Administrative Preliminary Intent To Rescind, in Part; 2014, 82 FR
Review; 2014 2317 (January 9, 2017) (Preliminary Results).
2 See Letter to the Secretary from the petitioner,
III. Data
AGENCY: Enforcement and Compliance, ‘‘Certain Crystalline Silicon Photovoltaic Products
OMB Control Number: 0607–0195. International Trade Administration, from the People’s Republic of China: Case Brief of
Form Number(s): SA–42, SA–42A, SolarWorld Americas, Inc.,’’ (May 11, 2017); Letter
Department of Commerce. to the Secretary from the GOC, ‘‘GOC
SA–42A (MSBO), SA–42 (AGBR), SA–
SUMMARY: The Department of Commerce Administrative Case Brief: Third Administrative
42A (AGBR). Review of the Countervailing Duty Order on
Type of Review: Regular submission. (the Department) has completed its
Crystalline Silicon Photovoltaic Cells, Whether or
Affected Public: Wholesale firms administrative review of the Not Assembled Into Modules from the People’s
located in the United States. countervailing duty order (CVD) on Republic of China (C–570–980),’’ (May 11, 2017);
Estimated Number of Respondents: crystalline silicon photovoltaic cells, Letter to the Secretary from Canadian Solar,
whether or not assembled into modules ‘‘Crystalline Silicon Photovoltaic Cells, Whether or
8,900. Not Assembled into Modules from the People’s
Estimated Time per Response: 93.6 (solar cells), from the People’s Republic Republic of China: Case Brief,’’ (May 11, 2017) ;
minutes (2017 survey year—additional of China (PRC) for the January 1, 2014, Letter to the Secretary from Trina Solar,
items collected); 28.8 minutes (2018 and through December 31, 2014, period of ‘‘Crystalline Silicon Photovoltaic Cells, Whether or
review (POR). We have determined that Not Assembled Into Modules from the People’s
2019 survey years). Republic of China—Case Brief,’’ (May 11, 2017);
Estimated Total Annual Burden the mandatory respondents Canadian Letter to the Secretary from Shanghai BYD,
Hours: 13,884 hours (2017 survey year— Solar Manufacturing (Changshu) Inc. ‘‘Crystalline Silicon Photovoltaic Cells, Whether or
additional items collected); 4,272 hours and its cross-owned affiliates Not Assembled into Modules, from the People’s
(collectively, Canadian Solar) and Republic of China—2014 CVD Review: BYD’s Case
(2018 and 2019 survey years). Brief,’’ (May 11, 2017); Letter to the Secretary from
Estimated Total Annual Cost to Changzhou Trina Solar Energy Co., Ltd. Systemes Versilis, ‘‘Crystalline Silicon Photovoltaic
Public: $0. and its cross-owned affiliates Cells, Whether or Not Assembled into Modules,
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Respondents Obligation: Mandatory. (collectively, Trina Solar), received from the People’s Republic of China—2014 CVD
countervailable subsidies during the Review: Systems Versilis’s Case Brief,’’ (May 11,
Legal Authority: Title 13, United 2017); and Letter to the Secretary from Toenergy,
States Code, Sections 131 and 182. POR. The final net subsidy rates are ‘‘Crystalline Silicon Photovoltaic Cells, Whether or
listed below in the section, ‘‘Final Not Assembled Into Modules, From the People’s
IV. Request for Comments Results of Administrative Review.’’ We Republic of China (C–570–980); Preliminary Results
Comments are invited on: (a) Whether are also rescinding the review for 20 of the 2014 Countervailing Duty Administrative
Review; Case Brief of Toenergy Technology
the proposed collection of information companies for which all review requests Hangzhou Co., Ltd. (May 11, 2017).
is necessary for the proper performance were timely withdrawn or for which we 3 See Letter to the Secretary from the petitioner,
of the functions of the agency, including have concluded that there were no ‘‘Crystalline Silicon Photovoltaic Cells, Whether Or
VerDate Sep<11>2014 17:45 Jul 14, 2017 Jkt 241001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1](https://thefederalregister.org/doc/82_FR_32813/page/1.svg)
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Background 10. Jinko Solar Import and Export Co., Ltd. date of the original agreement, on July
List of Comments from Interested Parties 11. JinkoSolar International Limited 10, 2018.
Scope of the Order 12. JinkoSolar (U.S.) Inc.
FOR FURTHER INFORMATION CONTACT:
Correction to the Preliminary Results 13. Lixian Yingli New Energy Resources Co.,
Changes Since the Preliminary Results Ltd. Sally Craig Gannon or David Cordell at
Partial Rescission of Administrative Review 14. Shanghai JA Solar Technology Co., Ltd. (202) 482–0162 or (202) 482–0408,
Non-Selected Companies Under Review 15. Tianjin Yingli New Energy Resources Co., respectively; Bilateral Agreements Unit,
Subsidies Valuation Information Ltd. Office of Policy, Enforcement and
Allocation Period 16. Yingli Energy (China) Co., Ltd. Compliance, International Trade
Attribution of Subsidies 17. Yingli Green Energy Holding Company Administration, U.S. Department of
Denominators Limited Commerce, 1401 Constitution Avenue
Creditworthiness 18. Yingli Green Energy International NW., Washington, DC 20230.
Benchmarks and Discount Rates Trading Company Limited
Use of Facts Otherwise Available and SUPPLEMENTARY INFORMATION:
19. Zhejiang Jinko Solar Co., Ltd.
Adverse Inferences 20. Zhejiang Sunflower Light Energy Science Background
Programs Determined To Be Countervailable & Technology Liability Company
Programs Determined To Be not As signed on July 10, 2014, Section H
Countervailable During the POR Appendix III of the Agreement stated that, ‘‘{t}his
Programs Determined Not To Be Used or Not List of Non-Selected Companies Under Agreement shall terminate three years
To Confer Measurable Benefits Review after the effective date of this
Analysis of Comments Agreement, on July 10, 2017.’’ 1 On
Comment 1: Usage of Export Buyer’s Credit 1. BYD (Shangluo) Industrial Co., Ltd.
2. Chint Solar (Zhejiang) Co., Ltd. December 9, 2016, the Ukrainian
Program
3. ET Solar Energy Limited signatory producer/exporter Interpipe 2
Comment 2: Selection of the Adverse Facts
Available (AFA) Rate for Export Buyer’s 4. ET Solar Industry Limited requested that the Agreement be
Credit Program 5. Hangzhou Sunny Energy Science and extended by five years, to July 10,
Comment 3: Whether the Aluminum Technology Co., Ltd. 2022.3 On December 22, 2016, the
Extrusions for Less Than Adequate 6. Jiawei Solarchina Co., Ltd. Department invited interested parties to
Remuneration (LTAR) Program Is 7. Jiawei Solarchina (Shenzhen) Co., Ltd. comment on the extension request.4 On
Specific 8. Lightway Green New Energy Co., Ltd. January 13, 2017, the Petitioners 5 filed
Comment 4: Aluminum Extrusions 9. Luoyang Suntech Power Co., Ltd. a letter in opposition to the request to
Benchmark 10. Ningbo Qixin Solar Electrical Appliance
extend the Agreement.6 On May 19,
Comment 5: Solar Glass Benchmark Co., Ltd.
11. Shanghai BYD Co., Ltd. 2017, the Department informed
Comment 6: Polysilicon Benchmark
Comment 7: Ocean Freight Benchmark 12. Shenzhen Topray Solar Co. Ltd. Interpipe that it was denying Interpipe’s
Comment 8: Inland Freight Benchmarks 13. Systemes Versilis, Inc. request to extend the Agreement by five
Comment 9: Inclusion of Value Added Tax 14. Taizhou BD Trade Co., Ltd. years.7 The Department stated that it
(VAT) in LTAR Benchmarks 15. tenKsolar (Shanghai) Co., Ltd. had reviewed Interpipe’s request and
Comment 10: Electricity for LTAR 16. Toenergy Technology Hangzhou Co., Ltd. the comments received from interested
Comment 11: Creditworthiness 17. Wuxi Suntech Power Co., Ltd. parties and that it intended to follow the
Comment 12: Whether the Department [FR Doc. 2017–14957 Filed 7–14–17; 8:45 am] current terms of the Agreement by
Should Adjust the Benefit Calculation proceeding to issue an antidumping
BILLING CODE 3510–DS–P
for the Preferential Policy Lending
Program
duty order on July 10, 2017.
Comment 13: Canadian Solar’s Benefit
Subsequently, the Department
From the Golden Sun Demonstration DEPARTMENT OF COMMERCE reconsidered its decision and, on July
Program 10, 2017, met with counsel to the
Comment 14: Whether the Export Credit International Trade Administration Petitioners to discuss the possible
Insurance Program is Countervailable
Comment 15: Clerical Errors in the [A–823–815] 1 See Suspension of Antidumping Investigation:
Preliminary Results Certain Oil Country Tubular Goods from Ukraine,
Recommendation Amendment to the Agreement 79 FR 41959 (July 18, 2014).
Appendix—Non-Selected Companies Under Suspending the Antidumping Duty 2 Interpipe Europe S.A.; Interpipe Ukraine LLC;
Review Investigation on Certain Oil Country PJSC Interpipe NiznedneprovskyTube Rolling Plant
(aka Interpipe NTRP); LLC Interpipe Niko Tube;
Tubular Goods From Ukraine North American Interpipe, Inc. (collectively
Appendix II
Interpipe).
List of Companies for Which We are AGENCY: Enforcement and Compliance, 3 See Letter from Interpipe, entitled
Rescinding This Administrative Review 20 International Trade Administration, ‘‘Antidumping Duty Suspension Agreement on
1. Baoding Jiasheng Photovoltaic Technology
Department of Commerce. Certain Oil Country Tubular Goods from Ukraine:
Request to Extend the Suspension Agreement’’
Co. Ltd. DATES: Applicable July 10, 2017. (December 9, 2016).
2. Baoding Tianwei Yingli New Energy SUMMARY: The Department of Commerce 4 See Memorandum to all interested parties
Resources Co., Ltd. inviting comments on the extension request
3. Beijing Tianneng Yingli New Energy (the Department) and a representative of
(December 22, 2016).
Resources Co. Ltd. the Ukrainian signatory producer/ 5 Maverick Tube Corporation, United States Steel
4. ERA Solar Co. Limited exporter of certain oil country tubular Corporation, Energex Tube, TMK IPSCO, and
5. Hainan Yingli New Energy Resources Co., goods (OCTG) from Ukraine, Interpipe, Welded Tube USA Inc. (collectively, Petitioners).
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Ltd. have signed an amendment to the 6 See Letter from the Petitioners entitled
6. Hengshui Yingli New Energy Resources Agreement Suspending the ‘‘Agreement Suspending the Antidumping Duty
Co., Ltd. Investigation on Certain Oil Country Tubular Goods
Antidumping Duty Investigation on from Ukraine: Comments in Opposition to
7. JA Solar Technology Yangzhou Co., Ltd. Certain Oil Country Tubular Goods from Interpipe’s Request to Extend Suspension
8. JingAo Solar Co., Ltd.
9. Jinko Solar Co., Ltd.
Ukraine (Agreement). The amendment Agreement’’ (January 13, 2017).
7 See Letter to Deen Kaplan from Ronald K.
to the Agreement extends the
Lorentzen, re ‘‘Antidumping Duty Suspension
20 See Issues and Decision Memorandum at the Agreement for one additional year, Agreement on Certain Oil Country Tubular Goods
section, ‘‘Partial Rescission of Administrative specifying that the Agreement shall from Ukraine: Request to Extend the Suspension
Review.’’ terminate four years after the effective Agreement’’ (May 19, 2017).
VerDate Sep<11>2014 17:45 Jul 14, 2017 Jkt 241001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1](https://thefederalregister.org/doc/82_FR_32813/page/4.svg)
Document Created: 2017-07-15 03:45:52
Document Modified: 2017-07-15 03:45:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable July 17, 2017. | |
| Contact | Gene H. 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 Citation | 82 FR 32678 |
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