82_FR_40724 82 FR 40560 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2014-2015

82 FR 40560 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 164 (August 25, 2017)

Page Range40560-40563
FR Document2017-18047

The Department of Commerce (the Department) is amending its final results of the third administrative review of the antidumping duty (AD) order on crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the People's Republic of China (PRC). The period of review (POR) is December 1, 2014, through November 30, 2015. The amended final weighted-average dumping margins are listed below in the section entitled, ``Amended Final Results.''

Federal Register, Volume 82 Issue 164 (Friday, August 25, 2017)
[Federal Register Volume 82, Number 164 (Friday, August 25, 2017)]
[Notices]
[Pages 40560-40563]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18047]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-979]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, from the People's Republic of China: Amended Final 
Results of Antidumping Duty Administrative Review; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is amending its 
final results of the third administrative review of the antidumping 
duty (AD) order on crystalline silicon photovoltaic cells, whether or 
not assembled into modules (solar cells), from the People's Republic of 
China (PRC). The period of review (POR) is December 1, 2014, through 
November 30, 2015. The amended final weighted-average dumping margins 
are listed below in the section entitled, ``Amended Final Results.''

DATES: Applicable August 25, 2017.

FOR FURTHER INFORMATION CONTACT: Krisha Hill, AD/CVD Operations, Office 
IV, Enforcement & Compliance, International Trade Administration, 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-4037.

SUPPLEMENTARY INFORMATION:

Background

    On June 27, 2017, the Department published the final results of the 
2014-2015 administrative review of the AD order on solar cells from the 
PRC in the Federal Register.\1\ In addition, on June 27, 2017, the 
Department disclosed to interested parties its calculations for the 
final results.\2\ On June 30, 2017, the Department received a timely 
filed ministerial error allegation from SolarWorld Americas, Inc. (the 
petitioner) regarding the Department's calculation of the dumping 
margin for Trina,\3\ one of the mandatory

[[Page 40561]]

respondents in the review.\4\ Specifically, the petitioner alleged that 
although the Department stated its intent to disallow the debt 
restructuring offset that Trina made to its indirect selling expenses, 
the Department made a ministerial error by excluding indirect selling 
expenses reported in the INDIRSU field from the U.S. indirect selling 
expenses used in Trina's margin calculations. No rebuttal comments were 
submitted, nor were any other ministerial error allegations submitted.
---------------------------------------------------------------------------

    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2014-2015, 82 FR 29033 (June 27, 
2017) (Final Results) and accompanying Issues and Decision 
Memorandum (IDM).
    \2\ See Department Letter, re: Antidumping Duty Administrative 
Review of Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China: 
Ministerial Error Comments,'' dated June 29, 2017.
    \3\ The Department treated 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 Technology Co., Ltd./Changzhou Trina Solar Yabang Energy Co., 
Ltd./Turpan Trina Solar Energy Co., Ltd./Hubei Trina Solar Energy 
Co., Ltd. (collectively, Trina). See Final Results and accompanying 
IDM.
    \4\ See Petitioner's June 30, 2017, Letter regarding ``Certain 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules, from the People's Republic of China: Comments on 
Ministerial Errors in the Final Results.''
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the 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.\5\ 
Merchandise covered by the order is classifiable under subheading 
8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000 
of the Harmonized Tariff Schedule of the United States (HTSUS). 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, our written description of the scope of the order is 
dispositive.
---------------------------------------------------------------------------

    \5\ For a complete description of the scope of the order, see 
Final Results and accompanying IDM.
---------------------------------------------------------------------------

Ministerial Error

    19 CFR 351.224(e) provides that the Department will analyze any 
comments received and, if appropriate, correct any ministerial error by 
amending the final determination or the final results of the review. 
Section 751(h) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.224(f) define a ``ministerial error'' as an error ``in 
addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which the Secretary considers 
ministerial.''
    We analyzed the petitioner's ministerial error comments and 
determined, in accordance with section 751(h) of the Act and 19 CFR 
351.224(e) and (f), that we made a ministerial error in our calculation 
of Trina's dumping margin by inadvertently not including indirect 
selling expenses reported in the INDIRSU field in the U.S. indirect 
selling expenses used in our margin calculations. Specifically, in the 
Final Results, we inadvertently treated the INDIRS2U field as 
reflecting total indirect selling expenses, including the expenses 
reflected under the INDIRSU field. However, the INDIRS2U field only 
reflects the additional expense that should be added to INDIRSU field 
if the debt restructuring offset was denied. We are correcting this 
ministerial error by including the indirect selling expenses reported 
in the INDIRSU field in Trina's U.S. indirect sales expenses.\6\
---------------------------------------------------------------------------

    \6\ See memorandum: ``Amended Final Results Analysis Memorandum 
for Changzhou Trina Solar Energy Co., Ltd./Trina Solar (Changzhou) 
Science and Technology Co., Ltd./Yancheng Trina Solar Energy 
Technology Co., Ltd./Changzhou Trina Solar Yabang Energy Co., Ltd./
Turpan Trina Solar Energy Co., Ltd./Hubei Trina Solar Energy Co., 
Ltd.,'' dated August 21, 2017.
---------------------------------------------------------------------------

    Additionally, because the dumping margin for separate rate 
companies that the Department did not individually examine, but which 
demonstrated their eligibility for a separate rate, is based on the 
mandatory respondents' dumping margins,\7\ we also are revising the 
dumping margin for companies not individually examined in this review 
as a result of our correction to Trina's dumping margin. The dumping 
margin for the second mandatory respondent, Canadian Solar,\8\ remains 
unchanged from the dumping margin calculated in the Final Results.\9\
---------------------------------------------------------------------------

    \7\ See Final Results, 82 FR 29035; see also memorandum: 
``Calculation of the Amended Final Dumping Margin for Separate Rate 
Recipients,'' dated August 21, 2017.
    \8\ The Department treated the following six companies as a 
single entity: Canadian Solar International Limited/Canadian Solar 
Manufacturing (Changshu), Inc./Canadian Solar Manufacturing 
(Luoyang), Inc./CSI Cells Co., Ltd./CSI-GCL Solar Manufacturing 
(YanCheng) Co., Ltd./CSI Solar Power (China) Inc. (collectively, 
Canadian Solar).
    \9\ The dumping margin for Canadian Solar remains 13.07 percent. 
See Final Results, 82 FR 29035.
---------------------------------------------------------------------------

Amended Final Results

    As a result of correcting this ministerial error, we determine that 
the following weighted-average dumping margins exist for the POR:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                              dumping
                                                              margins
                                                             (Percent)
------------------------------------------------------------------------
Changzhou Trina Solar Energy Co., Ltd./Trina Solar                  5.82
 (Changzhou) Science and Technology Co., Ltd./Yancheng
 Trina Solar Energy Technology Co., Ltd./Changzhou Trina
 Solar Yabang Energy Co., Ltd./Turpan Trina Solar Energy
 Co., Ltd./Hubei Trina Solar Energy Co., Ltd............
Chint Solar (Zhejiang) Co., Ltd.........................            7.82
ERA Solar Co., Ltd......................................            7.82
ET Solar Energy Limited.................................            7.82
Hangzhou Sunny Energy Science & Technology Co., Ltd.....            7.82
Hengdian Group DMEGC Magnetics Co., Ltd.................            7.82
JA Solar Technology Yangzhou Co., Ltd...................            7.82
Jiawei Solarchina (Shenzhen) Co., Ltd...................            7.82
Jiawei Solarchina Co., Ltd..............................            7.82
JingAo Solar Co., Ltd...................................            7.82
Lightway Green New Energy Co., Ltd......................            7.82
Ningbo ETDZ Holdings, Ltd...............................            7.82
Risen Energy Co., Ltd...................................            7.82
Shanghai BYD Co., Ltd...................................            7.82
Shanghai JA Solar Technology Co., Ltd...................            7.82
Shenzhen Sungold Solar Co., Ltd.........................            7.82
Shenzhen Topray Solar Co., Ltd..........................            7.82
Star Power International Limited........................            7.82
Systemes Versilis, Inc..................................            7.82

[[Page 40562]]

 
Taizhou BD Trade Co., Ltd...............................            7.82
tenKsolar (Shanghai) Co., Ltd...........................            7.82
Toenergy Technology Hangzhou Co., Ltd...................            7.82
Wuxi Tianran Photovoltaic Co., Ltd......................            7.82
Yingli Energy (China) Company Limited/Baoding Tianwei               7.82
 Yingli New Energy Resources Co., Ltd./Tianjin Yingli
 New Energy Resources Co., Ltd./Hengshui Yingli New
 Energy Resources Co., Ltd./Lixian Yingli New Energy
 Resources Co., Ltd./Baoding Jiasheng Photovoltaic
 Technology Co., Ltd./Beijing Tianneng Yingli New Energy
 Resources Co., Ltd./Hainan Yingli New Energy Resources
 Co., Ltd./Shenzhen Yingli New Energy Resources Co., Ltd
Zhejiang Era Solar Technology Co., Ltd..................            7.82
Zhejiang Sunflower Light Energy Science & Technology                7.82
 Limited Liability Company..............................
------------------------------------------------------------------------

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 Amended Final Results. In 
accordance with 19 CFR 351.212(b)(1), we are calculating importer- (or 
customer-) specific assessment rates for the merchandise 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).\10\ 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.\11\ 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.\12\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.212(b)(1).
    \11\ Id.
    \12\ 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.\13\
---------------------------------------------------------------------------

    \13\ 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 for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after June 27, 2017, the date of 
publication of the Final Results, as provided for by section 
751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash 
deposit rate will be the rate listed for each exporter in the table in 
the ``Amended Final Results'' section of this notice, except if the 
rate is zero or de minimis (i.e., less than 0.5 percent), then the cash 
deposit rate will be zero; (2) for previously investigated PRC and non-
PRC exporters that received a separate rate in a prior segment of this 
proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate; (3) for all PRC exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be the rate previously established for the 
PRC-wide entity (i.e., 238.95 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 Amended 
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) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has 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.

[[Page 40563]]

    These amended final results and notice are issued and published in 
accordance with sections 751(h) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: August 21, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-18047 Filed 8-24-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                40560                          Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Notices

                                                initiating this anticircumvention                       the Department intends to request                     DEPARTMENT OF COMMERCE
                                                inquiry.                                                additional information regarding the
                                                   With respect to the additional factors               statutory criteria to determine whether               International Trade Administration
                                                listed under section 781(b)(3) of the Act,              shipments of butt-weld pipe fittings                  [A–570–979]
                                                we find that the petitioners presented                  from Malaysia are circumventing the
                                                evidence indicating that shipments of                   Order on butt-weld pipe fittings from                 Crystalline Silicon Photovoltaic Cells,
                                                butt-weld pipe fittings from Malaysia to                the PRC. Thus, further development of                 Whether or Not Assembled Into
                                                the United States increased since the                   the record is required before a                       Modules, from the People’s Republic
                                                imposition of the Order and that                        preliminary ruling can be issued.                     of China: Amended Final Results of
                                                shipments of butt-weld pipe fittings                                                                          Antidumping Duty Administrative
                                                from the PRC to Malaysia also increased                 Notification to Interested Parties                    Review; 2014–2015
                                                since the Order took effect, further
                                                supporting initiation of this anti-                        In accordance with 19 CFR                          AGENCY:   Enforcement and Compliance,
                                                circumvention inquiry.53                                351.225(e), the Department finds that                 International Trade Administration,
                                                   Accordingly, we are initiating a                     the issue of whether a product is                     Department of Commerce.
                                                formal anti-circumvention inquiry                       included within the scope of any order                SUMMARY: The Department of Commerce
                                                concerning the Order on butt-weld pipe                  cannot be determined based solely upon                (the Department) is amending its final
                                                fittings from the PRC, pursuant to                      the application and the descriptions of               results of the third administrative
                                                section 781(b) of the Act.                              the merchandise. Accordingly, the                     review of the antidumping duty (AD)
                                                   In connection with this anti-                        Department will notify by mail all                    order on crystalline silicon photovoltaic
                                                circumvention inquiry, in order to                      parties on the Department’s scope                     cells, whether or not assembled into
                                                determine: (1) The extent to which PRC-                 service list of the initiation of anti-               modules (solar cells), from the People’s
                                                sourced unfinished or finished butt-                    circumvention inquiries. Additionally,                Republic of China (PRC). The period of
                                                weld pipe fittings is further processed                 in accordance with 19 CFR                             review (POR) is December 1, 2014,
                                                into butt-weld pipe fittings in Malaysia                351.225(f)(1)(i) and (ii), in this notice of          through November 30, 2015. The
                                                before shipment to the United States; (2)               initiation issued under 19 CFR                        amended final weighted-average
                                                the extent to which a country-wide                      351.225(e), we included a description of              dumping margins are listed below in the
                                                finding applicable to all exports might                                                                       section entitled, ‘‘Amended Final
                                                                                                        the product that is the subject of this
                                                be warranted, as alleged by the                                                                               Results.’’
                                                                                                        anti-circumvention inquiry (i.e., butt-
                                                petitioners; and (3) whether the process                                                                      DATES: Applicable August 25, 2017.
                                                                                                        weld pipe fittings that contain the
                                                of turning PRC-sourced unfinished or
                                                finished butt-weld pipe fittings into                   characteristics as provided in the scope              FOR FURTHER INFORMATION CONTACT:
                                                finished butt-weld pipe fittings                        of the Order), and an explanation of the              Krisha Hill, AD/CVD Operations, Office
                                                processed in Malaysia is minor or                       reasons for the Department’s decision to              IV, Enforcement & Compliance,
                                                insignificant, the Department will issue                initiate this anti-circumvention inquiry,             International Trade Administration,
                                                questionnaires to Malaysian producers                   as provided above.                                    Department of Commerce, 1401
                                                and exporters of butt-weld pipe fittings                   In accordance with 19 CFR                          Constitution Avenue NW, Washington,
                                                to the United States. The Department                                                                          DC 20230; telephone: (202) 482–4037.
                                                                                                        351.225(1)(2), if the Department issues
                                                will issue questionnaires to solicit                    an affirmative preliminary                            SUPPLEMENTARY INFORMATION:
                                                information from the Malaysian                          determination, we will then instruct                  Background
                                                producers and exporters concerning                      U.S. Customs and Border Protection to
                                                their shipments of butt-weld pipe                                                                                On June 27, 2017, the Department
                                                                                                        suspend liquidation and require cash                  published the final results of the 2014–
                                                fittings to the United States and the                   deposits of estimated antidumping
                                                origin of the imported unfinished or                                                                          2015 administrative review of the AD
                                                                                                        duties, at the applicable rates, for each             order on solar cells from the PRC in the
                                                finished butt-weld pipe fittings being                  unliquidated entry of the merchandise
                                                processed into butt-weld pipe fittings.                                                                       Federal Register.1 In addition, on June
                                                                                                        at issue, entered or withdrawn from                   27, 2017, the Department disclosed to
                                                Companies failing to respond                            warehouse for consumption on or after
                                                completely and timely to the                                                                                  interested parties its calculations for the
                                                                                                        the date of initiation of the inquiry. The            final results.2 On June 30, 2017, the
                                                Department’s questionnaire may be                       Department will establish a schedule for
                                                deemed uncooperative and an adverse                                                                           Department received a timely filed
                                                                                                        questionnaires and comments for this                  ministerial error allegation from
                                                inference may be applied in                             inquiry. In accordance with section
                                                determining whether such companies                                                                            SolarWorld Americas, Inc. (the
                                                                                                        781(f) of the Act and 19 CFR                          petitioner) regarding the Department’s
                                                are circumventing the Order. See
                                                                                                        351.225(f)(5), the Department intends to              calculation of the dumping margin for
                                                section 776 of the Act.
                                                   Finally, while we believe sufficient                 issue its final determination within 300              Trina,3 one of the mandatory
                                                factual information has been submitted                  days of the date of publication of this
                                                by the petitioners supporting their                     notice.                                                 1 See Crystalline Silicon Photovoltaic Cells,

                                                                                                                                                              Whether or Not Assembled Into Modules, from the
                                                request for an inquiry, we do not find                     This notice is published in                        People’s Republic of China: Final Results of
                                                that the record supports the                            accordance with 19 CFR 351.225(f).                    Antidumping Duty Administrative Review and
                                                simultaneous issuance of a preliminary                                                                        Final Determination of No Shipments; 2014–2015,
                                                                                                          Dated: August 21, 2017.                             82 FR 29033 (June 27, 2017) (Final Results) and
                                                ruling. Such inquiries are by their                                                                           accompanying Issues and Decision Memorandum
                                                                                                        Gary Taverman,
sradovich on DSK3GMQ082PROD with NOTICES




                                                nature complicated and require                                                                                (IDM).
                                                additional information regarding                        Deputy Assistant Secretary for Antidumping              2 See Department Letter, re: Antidumping Duty

                                                production in both the country subject                  and Countervailing Duty Operations,                   Administrative Review of Crystalline Silicon
                                                to the order and the third-country                      performing the non-exclusive functions and            Photovoltaic Cells, Whether or Not Assembled Into
                                                                                                        duties of the Assistant Secretary for                 Modules, from the People’s Republic of China:
                                                completing the product. As noted above,                                                                       Ministerial Error Comments,’’ dated June 29, 2017.
                                                                                                        Enforcement and Compliance.
                                                                                                                                                                3 The Department treated the following six
                                                  53 See the petitioners’ Request at 23–5 and           [FR Doc. 2017–18046 Filed 8–24–17; 8:45 am]
                                                                                                                                                              companies as a single entity: Changzhou Trina
                                                Attachment 4.                                           BILLING CODE 3510–DS–P                                Solar Energy Co., Ltd./Trina Solar (Changzhou)



                                           VerDate Sep<11>2014   17:40 Aug 24, 2017   Jkt 241001   PO 00000   Frm 00023   Fmt 4703   Sfmt 4703   E:\FR\FM\25AUN1.SGM   25AUN1


                                                                                         Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Notices                                                                                       40561

                                                respondents in the review.4 Specifically,                                 written description of the scope of the                                   indirect selling expenses, including the
                                                the petitioner alleged that although the                                  order is dispositive.                                                     expenses reflected under the INDIRSU
                                                Department stated its intent to disallow                                                                                                            field. However, the INDIRS2U field only
                                                                                                                          Ministerial Error
                                                the debt restructuring offset that Trina                                                                                                            reflects the additional expense that
                                                made to its indirect selling expenses,                                       19 CFR 351.224(e) provides that the                                    should be added to INDIRSU field if the
                                                the Department made a ministerial error                                   Department will analyze any comments                                      debt restructuring offset was denied. We
                                                by excluding indirect selling expenses                                    received and, if appropriate, correct any                                 are correcting this ministerial error by
                                                reported in the INDIRSU field from the                                    ministerial error by amending the final                                   including the indirect selling expenses
                                                U.S. indirect selling expenses used in                                    determination or the final results of the                                 reported in the INDIRSU field in Trina’s
                                                Trina’s margin calculations. No rebuttal                                  review. Section 751(h) of the Tariff Act                                  U.S. indirect sales expenses.6
                                                comments were submitted, nor were any                                     of 1930, as amended (the Act), and 19
                                                                                                                          CFR 351.224(f) define a ‘‘ministerial                                        Additionally, because the dumping
                                                other ministerial error allegations                                                                                                                 margin for separate rate companies that
                                                submitted.                                                                error’’ as an error ‘‘in addition,
                                                                                                                          subtraction, or other arithmetic                                          the Department did not individually
                                                Scope of the Order                                                        function, clerical error resulting from                                   examine, but which demonstrated their
                                                   The merchandise covered by the order                                   inaccurate copying, duplication, or the                                   eligibility for a separate rate, is based on
                                                is crystalline silicon photovoltaic cells,                                like, and any other similar type of                                       the mandatory respondents’ dumping
                                                and modules, laminates, and panels,                                       unintentional error which the Secretary                                   margins,7 we also are revising the
                                                consisting of crystalline silicon                                         considers ministerial.’’                                                  dumping margin for companies not
                                                photovoltaic cells, whether or not                                           We analyzed the petitioner’s                                           individually examined in this review as
                                                partially or fully assembled into other                                   ministerial error comments and                                            a result of our correction to Trina’s
                                                products, including, but not limited to,                                  determined, in accordance with section                                    dumping margin. The dumping margin
                                                modules, laminates, panels and building                                   751(h) of the Act and 19 CFR 351.224(e)                                   for the second mandatory respondent,
                                                integrated materials.5 Merchandise                                        and (f), that we made a ministerial error                                 Canadian Solar,8 remains unchanged
                                                covered by the order is classifiable                                      in our calculation of Trina’s dumping                                     from the dumping margin calculated in
                                                under subheading 8501.61.0000,                                            margin by inadvertently not including                                     the Final Results.9
                                                8507.20.80, 8541.40.6020, 8541.40.6030,                                   indirect selling expenses reported in the                                 Amended Final Results
                                                and 8501.31.8000 of the Harmonized                                        INDIRSU field in the U.S. indirect
                                                Tariff Schedule of the United States                                      selling expenses used in our margin                                         As a result of correcting this
                                                (HTSUS). Although the HTSUS                                               calculations. Specifically, in the Final                                  ministerial error, we determine that the
                                                subheadings are provided for                                              Results, we inadvertently treated the                                     following weighted-average dumping
                                                convenience and customs purposes, our                                     INDIRS2U field as reflecting total                                        margins exist for the POR:

                                                                                                                                                                                                                                                    Weighted-
                                                                                                                                                                                                                                                     average
                                                                                                                                          Exporter                                                                                                  dumping
                                                                                                                                                                                                                                                     margins
                                                                                                                                                                                                                                                    (Percent)

                                                Changzhou Trina Solar Energy Co., Ltd./Trina Solar (Changzhou) Science and Technology Co., Ltd./Yancheng Trina Solar En-
                                                   ergy Technology Co., Ltd./Changzhou Trina Solar Yabang Energy Co., Ltd./Turpan Trina Solar Energy Co., Ltd./Hubei Trina
                                                   Solar Energy Co., Ltd ......................................................................................................................................................................            5.82
                                                Chint Solar (Zhejiang) Co., Ltd ............................................................................................................................................................               7.82
                                                ERA Solar Co., Ltd ..............................................................................................................................................................................          7.82
                                                ET Solar Energy Limited .....................................................................................................................................................................              7.82
                                                Hangzhou Sunny Energy Science & Technology Co., Ltd .................................................................................................................                                      7.82
                                                Hengdian Group DMEGC Magnetics Co., Ltd ....................................................................................................................................                               7.82
                                                JA Solar Technology Yangzhou Co., Ltd ............................................................................................................................................                         7.82
                                                Jiawei Solarchina (Shenzhen) Co., Ltd ...............................................................................................................................................                      7.82
                                                Jiawei Solarchina Co., Ltd ...................................................................................................................................................................             7.82
                                                JingAo Solar Co., Ltd ..........................................................................................................................................................................           7.82
                                                Lightway Green New Energy Co., Ltd .................................................................................................................................................                       7.82
                                                Ningbo ETDZ Holdings, Ltd .................................................................................................................................................................                7.82
                                                Risen Energy Co., Ltd .........................................................................................................................................................................            7.82
                                                Shanghai BYD Co., Ltd .......................................................................................................................................................................              7.82
                                                Shanghai JA Solar Technology Co., Ltd .............................................................................................................................................                        7.82
                                                Shenzhen Sungold Solar Co., Ltd .......................................................................................................................................................                    7.82
                                                Shenzhen Topray Solar Co., Ltd .........................................................................................................................................................                   7.82
                                                Star Power International Limited .........................................................................................................................................................                 7.82
                                                Systemes Versilis, Inc .........................................................................................................................................................................           7.82

                                                Science & Technology Co., Ltd./Yancheng Trina                               6 See memorandum: ‘‘Amended Final Results                                 8 The Department treated the following six

                                                Solar Energy Technology Co., Ltd./Changzhou Trina                         Analysis Memorandum for Changzhou Trina Solar                             companies as a single entity: Canadian Solar
                                                Solar Yabang Energy Co., Ltd./Turpan Trina Solar                          Energy Co., Ltd./Trina Solar (Changzhou) Science                          International Limited/Canadian Solar
                                                Energy Co., Ltd./Hubei Trina Solar Energy Co., Ltd.
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                                                                                                                          and Technology Co., Ltd./Yancheng Trina Solar                             Manufacturing (Changshu), Inc./Canadian Solar
                                                (collectively, Trina). See Final Results and                              Energy Technology Co., Ltd./Changzhou Trina Solar                         Manufacturing (Luoyang), Inc./CSI Cells Co., Ltd./
                                                accompanying IDM.
                                                   4 See Petitioner’s June 30, 2017, Letter regarding
                                                                                                                          Yabang Energy Co., Ltd./Turpan Trina Solar Energy                         CSI–GCL Solar Manufacturing (YanCheng) Co.,
                                                                                                                          Co., Ltd./Hubei Trina Solar Energy Co., Ltd.,’’ dated                     Ltd./CSI Solar Power (China) Inc. (collectively,
                                                ‘‘Certain Crystalline Silicon Photovoltaic Cells,
                                                Whether or Not Assembled into Modules, from the                           August 21, 2017.                                                          Canadian Solar).
                                                                                                                            7 See Final Results, 82 FR 29035; see also
                                                People’s Republic of China: Comments on                                                                                                               9 The dumping margin for Canadian Solar

                                                Ministerial Errors in the Final Results.’’                                memorandum: ‘‘Calculation of the Amended Final                            remains 13.07 percent. See Final Results, 82 FR
                                                   5 For a complete description of the scope of the                       Dumping Margin for Separate Rate Recipients,’’                            29035.
                                                order, see Final Results and accompanying IDM.                            dated August 21, 2017.



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                                                40562                                  Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Notices

                                                                                                                                                                                                                                              Weighted-
                                                                                                                                                                                                                                               average
                                                                                                                                       Exporter                                                                                               dumping
                                                                                                                                                                                                                                               margins
                                                                                                                                                                                                                                              (Percent)

                                                Taizhou BD Trade Co., Ltd .................................................................................................................................................................          7.82
                                                tenKsolar (Shanghai) Co., Ltd .............................................................................................................................................................          7.82
                                                Toenergy Technology Hangzhou Co., Ltd ..........................................................................................................................................                     7.82
                                                Wuxi Tianran Photovoltaic Co., Ltd .....................................................................................................................................................             7.82
                                                Yingli Energy (China) Company Limited/Baoding Tianwei Yingli New Energy Resources Co., Ltd./Tianjin Yingli New Energy Re-
                                                  sources Co., Ltd./Hengshui Yingli New Energy Resources Co., Ltd./Lixian Yingli New Energy Resources Co., Ltd./Baoding
                                                  Jiasheng Photovoltaic Technology Co., Ltd./Beijing Tianneng Yingli New Energy Resources Co., Ltd./Hainan Yingli New En-
                                                  ergy Resources Co., Ltd./Shenzhen Yingli New Energy Resources Co., Ltd ................................................................................                                            7.82
                                                Zhejiang Era Solar Technology Co., Ltd .............................................................................................................................................                 7.82
                                                Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company ........................................................................                                              7.82



                                                Assessment                                                             CBP to liquidate appropriate entries                                    previously established for the PRC-wide
                                                   The Department will determine, and                                  without regard to antidumping duties.12                                 entity (i.e., 238.95 percent); and (4) for
                                                CBP shall assess, antidumping duties on                                   For merchandise whose sale/entry                                     all non-PRC exporters of subject
                                                all appropriate entries covered by this                                was not reported in the U.S. sales                                      merchandise which have not received
                                                review. The Department intends to issue                                database submitted by an exporter                                       their own rate, the cash deposit rate will
                                                assessment instructions to CBP 15 days                                 individually examined during this                                       be the rate applicable to the PRC
                                                after the publication date of these                                    review, but that entered under the case                                 exporter that supplied that non-PRC
                                                Amended Final Results. In accordance                                   number of that exporter (i.e., at the                                   exporter. These deposit requirements,
                                                with 19 CFR 351.212(b)(1), we are                                      individually-examined exporter’s cash                                   when imposed, shall remain in effect
                                                calculating importer- (or customer-)                                   deposit rate), the Department will                                      until further notice.
                                                specific assessment rates for the                                      instruct CBP to liquidate such entries at
                                                                                                                       the PRC-wide rate. Additionally, if the                                 Disclosure
                                                merchandise subject to this review. For
                                                any individually examined respondent                                   Department determines that an exporter                                    We intend to disclose the calculations
                                                whose weighted-average dumping                                         under review had no shipments of the                                    performed for these Amended Final
                                                margin is above de minimis (i.e., 0.50                                 subject merchandise, any suspended                                      Results within five days of publication
                                                percent), the Department will calculate                                entries that entered under that                                         of this notice in the Federal Register in
                                                importer- (or customer-) specific                                      exporter’s case number will be
                                                                                                                                                                                               accordance with 19 CFR 351.224(b).
                                                assessment rates for merchandise                                       liquidated at the PRC-wide rate.13
                                                subject to this review. Where the                                                                                                              Notification to Importers Regarding the
                                                                                                                       Cash Deposit Requirements
                                                respondent reported reliable entered                                                                                                           Reimbursement of Duties
                                                                                                                          The following cash deposit
                                                values, the Department calculated                                      requirements will be effective for all                                    This notice also serves as a final
                                                importer- (or customer-) specific ad                                   shipments of the subject merchandise                                    reminder to importers of their
                                                valorem rates by aggregating the                                       entered, or withdrawn from warehouse,                                   responsibility under 19 CFR 351.402(f)
                                                dumping margins calculated for all U.S.                                for consumption on or after June 27,                                    to file a certificate regarding the
                                                sales to the importer- (or customer) and                               2017, the date of publication of the                                    reimbursement of antidumping duties
                                                dividing this amount by the total                                      Final Results, as provided for by section                               prior to liquidation of the relevant
                                                entered value of the sales to the                                      751(a)(2)(C) of the Act: (1) For the                                    entries during this POR. Failure to
                                                importer- (or customer).10 Where the                                   exporters listed above, the cash deposit                                comply with this requirement could
                                                Department calculated an importer- (or                                 rate will be the rate listed for each                                   result in the Department’s presumption
                                                customer-) specific weighted-average                                   exporter in the table in the ‘‘Amended                                  that reimbursement of antidumping
                                                dumping margin by dividing the total                                   Final Results’’ section of this notice,                                 duties has occurred and the subsequent
                                                amount of dumping for reviewed sales                                   except if the rate is zero or de minimis                                assessment of double antidumping
                                                to the importer- (or customer) by the                                  (i.e., less than 0.5 percent), then the cash                            duties.
                                                total sales quantity associated with                                   deposit rate will be zero; (2) for
                                                those transactions, the Department will                                                                                                        Notification Regarding Administrative
                                                                                                                       previously investigated PRC and non-
                                                direct CBP to assess importer- (or                                     PRC exporters that received a separate                                  Protective Orders (APO)
                                                customer-) specific assessment rates                                   rate in a prior segment of this
                                                based on the resulting per-unit rates.11                                                                                                         This notice also serves as a reminder
                                                                                                                       proceeding, the cash deposit rate will                                  to parties subject to APO of their
                                                Where an importer- (or customer-)                                      continue to be the existing exporter-
                                                specific ad valorem or per-unit rate is                                                                                                        responsibility concerning the return or
                                                                                                                       specific rate; (3) for all PRC exporters of                             destruction of proprietary information
                                                greater than de minimis, the Department                                subject merchandise that have not been
                                                will instruct CBP to collect the                                                                                                               disclosed under APO in accordance
                                                                                                                       found to be entitled to a separate rate,                                with 19 CFR 351.305, which continues
                                                appropriate duties at the time of                                      the cash deposit rate will be the rate
                                                liquidation. Where either the                                                                                                                  to govern business proprietary
                                                                                                                                                                                               information in this segment of the
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                                                respondent’s weighted average dumping                                    12 See Antidumping Proceedings: Calculation of
                                                margin is zero or de minimis, or an                                    the Weighted-Average Dumping Margin and
                                                                                                                                                                                               proceeding. Timely written notification
                                                importer (or customer-) specific ad                                    Assessment Rate in Certain Antidumping Duty                             of the return or destruction of APO
                                                valorem or per-unit rate is zero or de                                 Proceedings; Final Modification, 77 FR 8101, 8103                       materials, or conversion to judicial
                                                                                                                       (February 14, 2012).                                                    protective order, is hereby requested.
                                                minimis, the Department will instruct                                    13 See Non-Market Economy Antidumping

                                                                                                                       Proceedings: Assessment of Antidumping Duties, 76
                                                                                                                                                                                               Failure to comply with the regulations
                                                  10 See   19 CFR 351.212(b)(1).                                       FR 65694 (October 24, 2011), for a full discussion                      and terms of an APO is a violation
                                                  11 Id.                                                               of this practice.                                                       which is subject to sanction.


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                                                                              Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Notices                                                 40563

                                                  These amended final results and                          Grant monies are available for funding             practical utility; (b) the accuracy of the
                                                notice are issued and published in                      activities that help obtain the objectives            agency’s estimate of the burden
                                                accordance with sections 751(h) and                     of the Sea Grant Program. Both single                 (including hours and cost) of the
                                                777(i) of the Act and 19 CFR 351.224(e).                and multi-project grants are awarded,                 proposed collection of information; (c)
                                                  Dated: August 21, 2017.                               with the latter representing about 80                 ways to enhance the quality, utility, and
                                                Gary Taverman,
                                                                                                        percent of the total grant program. In                clarity of the information to be
                                                                                                        addition to other standard grant                      collected; and (d) ways to minimize the
                                                Deputy Assistant Secretary for Antidumping
                                                and Countervailing Duty Operations,
                                                                                                        application requirements, three forms                 burden of the collection of information
                                                performing the non-exclusive functions and              are required with the grants. These are               on respondents, including through the
                                                duties of the Assistant Secretary for                   the Sea Grant Control Form 90–1, used                 use of automated collection techniques
                                                Enforcement and Compliance.                             to identify the organizations and                     or other forms of information
                                                [FR Doc. 2017–18047 Filed 8–24–17; 8:45 am]             personnel who would be involved in the                technology. Comments submitted in
                                                BILLING CODE 3510–DS–P
                                                                                                        grant and briefly summarize the                       response to this notice will be
                                                                                                        proposed activities under the grant; the              summarized and/or included in the
                                                                                                        Project Record Form 90–2, which                       request for OMB approval of this
                                                DEPARTMENT OF COMMERCE                                  collects summary data on projects; and                information collection; they also will
                                                                                                        the Sea Grant Budget Form 90–4, which                 become a matter of public record.
                                                National Oceanic and Atmospheric                        provides information similar to, but                     Dated: August 3, 2017.
                                                Administration                                          more detailed than on, forms SF–424A                  David Holst,
                                                                                                        or SF–424C.
                                                Agency Information Collection                                                                                 Acting Chief Financial Officer/CAO, Office
                                                                                                           The National Sea Grant College
                                                Activities; Proposals, Submissions,                                                                           of Oceanic and Atmospheric Research,
                                                                                                        Program Act (33 U.S.C. 1126) provides                 National Oceanic and Atmospheric
                                                and Approvals                                           for the designation of a public or private            Administration.
                                                AGENCY: National Sea Grant Office                       institution of higher education,                      [FR Doc. 2017–18067 Filed 8–24–17; 8:45 am]
                                                (NSGO), National Oceanic and                            institute, laboratory, or State or local
                                                                                                                                                              BILLING CODE 3510–KA–P
                                                Atmospheric Administration (NOAA),                      agency as a Sea Grant college or Sea
                                                Department of Commerce (DOC).                           Grant institute. Applications are
                                                                                                        required for designation of Sea Grant                 DEPARTMENT OF COMMERCE
                                                ACTION: Notice of public comments.
                                                                                                        Colleges and Sea Grant Institutes.
                                                SUMMARY:    The Department of                              Method of collection: Responses are                National Oceanic and Atmospheric
                                                Commerce, as part of its continuing                     made in a variety of formats, including               Administration
                                                effort to reduce paperwork and                          forms and narrative submissions, via
                                                respondent burden, invites the general                  mail, fax or email. The Sea Grant Project             RIN 0648–XF626
                                                public and other Federal agencies to                    Record Form and Sea Grant Budget
                                                                                                        Form must be submitted in electronic                  North Pacific Fishery Management
                                                take this opportunity to comment on
                                                                                                        format through grants.gov if the grant                Council; Public Meeting
                                                proposed and/or continuing information
                                                collections, as required by the                         applicant has the means to do so.
                                                                                                           Data: OMB Number: 0648–0362.                       AGENCY:  National Marine Fisheries
                                                Paperwork Reduction Act of 1995.                                                                              Service (NMFS), National Oceanic and
                                                                                                           Form Number: NOAA Forms 90–1,
                                                DATES: Written comments must be                         90–2 and 90–4.                                        Atmospheric Administration (NOAA),
                                                submitted on or before October 24,                         Type of Review: Regular submission                 Commerce.
                                                2017.                                                   (renewal of a current information                     ACTION: Notice of public meeting.
                                                ADDRESSES:   Direct all written comments                collection).
                                                                                                           Affected Public: Academic                          SUMMARY:   The North Pacific Fishery
                                                to Jennifer Jessup, Departmental
                                                                                                        institutions, not-for-profit institutions;            Management Council (Council)
                                                Paperwork Clearance Officer,
                                                                                                        business or other for-profit                          Observer Advisory Committee (OAC)
                                                Department of Commerce, Room 6616,
                                                                                                        organizations; individuals or                         subgroup on low sampling rates in
                                                14th and Constitution Avenue NW.,
                                                                                                        households; State, Local or Tribal                    partial coverage.
                                                Washington, DC 20230 (or via the
                                                Internet at pracomments@doc.gov).                       Government.                                           DATES: The meeting will be held
                                                                                                           Estimated Number of Respondents:                   Tuesday, September 12, 2017, from 8:30
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                        680.                                                  a.m. to 10:30 a.m., Alaska time.
                                                Requests for additional information or                     Estimated Time per Response: 30
                                                copies of the information collection                                                                          ADDRESSES: The meeting will be held
                                                                                                        minutes for a Sea Grant Control form; 20              via Teleconference only: (907) 271–
                                                instrument and instructions should be                   minutes for a Project Record Form; 15
                                                directed to Dorn Carlson, 301–734–1080                                                                        2896.
                                                                                                        minutes for a Sea Grant Budget form;
                                                or oar.sg.info-admin@noaa.gov.                          and 20 hours for an application for                   FOR FURTHER INFORMATION CONTACT:
                                                SUPPLEMENTARY INFORMATION: This                         designation as a Sea Grant college or Sea             Diana Evans, Council staff; telephone:
                                                request is for extension of a currently                 Grant institute.                                      (907) 271–2809.
                                                approved information collection.                           Estimated Total Annual Burden                      SUPPLEMENTARY INFORMATION:
                                                  The objectives of the National Sea                    Hours: 1091.
                                                Grant College Program, as stated in the                                                                       Agenda
                                                                                                           Estimated Total Annual Cost to
                                                Sea Grant legislation (33 U.S.C. 1121–                                                                          The agenda will be to finalize
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                                                                                                        Public: $300 in recordkeeping/reporting
                                                1131) are to increase the understanding,                costs.                                                subgroup recommendations for the
                                                assessments, development, utilization,                     Requests for comments: Comments                    Observer Advisory Committee. Details
                                                and conservation of the Nation’s ocean,                 are invited on: (a) Whether the proposed              will be posted on the Web site as they
                                                coastal, and Great Lakes resources. It                  collection of information is necessary                become available at: https://
                                                accomplishes these objectives by                        for the proper performance of the                     www.npfmc.org/observer-program.
                                                conducting research, education, and                     functions of the agency, including                    Meeting will be listening-only for those
                                                outreach programs.                                      whether the information shall have                    that are not on the OAC subgroup.


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Document Created: 2018-10-24 12:40:42
Document Modified: 2018-10-24 12:40:42
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
DatesApplicable August 25, 2017.
ContactKrisha Hill, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4037.
FR Citation82 FR 40560 

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