82_FR_42967 82 FR 42792 - Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Final Results of Countervailing Duty Administrative Review, and Partial Rescission of Countervailing Duty Administrative Review; 2014-2015

82 FR 42792 - Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Final Results of Countervailing Duty Administrative Review, and Partial Rescission of Countervailing Duty Administrative Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 175 (September 12, 2017)

Page Range42792-42794
FR Document2017-19292

The Department of Commerce (the Department) has completed its administrative review of the countervailing duty order (CVD) on crystalline silicon photovoltaic products (solar products) from the People's Republic of China (PRC) for the June 10, 2014, through December 31, 2015, period of review (POR). We have determined that the mandatory respondent 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 We are also rescinding the review for 22 companies for which all review requests were timely withdrawn or for which we have concluded that there were no entries, exports, or sales of the subject merchandise during the POR.

Federal Register, Volume 82 Issue 175 (Tuesday, September 12, 2017)
[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Notices]
[Pages 42792-42794]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19292]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-011]


Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China: Final Results of Countervailing Duty 
Administrative Review, and Partial Rescission of Countervailing Duty 
Administrative Review; 2014-2015

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 products (solar products) from the 
People's Republic of China (PRC) for the June 10, 2014, through 
December 31, 2015, period of review (POR). We have determined that the 
mandatory respondent 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 22 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 September 12, 2017.

FOR FURTHER INFORMATION CONTACT: Joseph Traw, 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) 482-6079.

Background

    The Department published the Preliminary Results of this 
administrative review in the Federal Register on March 6, 2017.\1\ We 
invited interested parties to comment on the Preliminary Results. On 
June 8, 2017, we received timely case briefs from the following 
interested parties: SolarWorld Americas, Inc. (the petitioner); the 
Government of China (GOC); Trina Solar; BYD (Shangluo) Industrial Co., 
Ltd. (BYD); and SNJ Enterprises, LLC, Dba Zamp Solar (SNJ).\2\ On June 
15, 2017, we received timely rebuttal comments from the petitioner, the 
GOC, and Trina Solar.\3\
---------------------------------------------------------------------------

    \1\ See Certain Crystalline Silicon Photovoltaic Products from 
the People's Republic of China: Preliminary Results of 
Countervailing Duty Administrative Review and Preliminary Intent To 
Rescind, in Part; 2014-2015, 82 FR 12562 (March 6, 2017) 
(Preliminary Results).
    \2\ See Petitioner's Case Brief, ``Certain Crystalline Silicon 
Photovoltaic Products from the People's Republic of China: Case 
Brief of SolarWorld Americas, Inc.,'' dated June 8, 2017; GOC's Case 
Brief, ``GOC's Case Brief: Certain Crystalline Silicon Photovoltaic 
Products from the People's Republic of China,'' dated June 8, 2017; 
Trina Solar's Case Brief, ``Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: Case Brief,'' dated 
June 8, 2017; BYD's Case Brief, ``Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: BYD's Case Brief'' 
dated June 8, 2017; SNJ's Case Brief, ``Certain Crystalline Silicon 
Photovoltaic Products from the People's Republic of China: Case 
Brief,'' dated June 8, 2017.
    \3\ See Petitioner's Rebuttal Brief, ``Certain Crystalline 
Silicon Photovoltaic Products from the People's Republic of China: 
Rebuttal Brief of SolarWorld Americas, Inc.,'' dated June 15, 2017; 
GOC's Rebuttal Brief, ``GOC's Rebuttal Brief Certain Crystalline 
Silicon Photovoltaic Products from the People's Republic of China,'' 
dated June 15, 2017; Trina Solar's Rebuttal Brief, ``Crystalline 
Silicon Photovoltaic Products from the People's Republic of China: 
Rebuttal Brief,'' dated June 15, 2017.
---------------------------------------------------------------------------

    On June 8, 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 60 days, to September 2, 2017. As September 2, 2017 
is a Saturday and September 4, 2017 is Labor Day, the final results 
were extended until September 5, 2017.\4\
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Certain Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: Extension of the 
Deadline for Issuing the Final Results of the 2014-2015 
Countervailing Duty Administrative Review,'' dated June 8, 2017.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this order are modules, laminates and/or 
panels consisting of crystalline silicon photovoltaic cells, whether or 
not partially or fully assembled into other products, including 
building integrated materials. The product is currently classified 
under the Harmonized Tariff Schedule of the United States (HTSUS) item 
numbers 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 
8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS 
subheadings are provided for convenience and customs purposes; the 
written description of the scope of 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.\5\
---------------------------------------------------------------------------

    \5\ See Memorandum, ``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).
---------------------------------------------------------------------------

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 Trina Solar. 
In the Preliminary Results, the Department found Trina Solar to be 
uncreditworthy during the 2012-2015 period. After reviewing Trina 
Solar's response to the Department's creditworthiness questionnaire,\6\ 
the Department finds that Trina Solar was uncreditworthy from 2012 to 
2013 and creditworthy during 2014 and 2015.\7\
---------------------------------------------------------------------------

    \6\ See Trina Solar's Letter, ``Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: Creditworthiness 
Questionnaire Response,'' dated April 20, 2017.
    \7\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------

Partial Rescission of Review

    We are rescinding this administrative review for 22 companies \8\ 
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\ With the

[[Page 42793]]

exception of BYD, we received no comments with regard to this 
preliminary determination. We are rescinding the review for these 
companies in accordance with 19 CFR 351.212(d)(1). With respect to BYD, 
the Department determined that it made no exports or sales of subject 
merchandise to the United States during the POR.\11\
---------------------------------------------------------------------------

    \8\ See Appendix II.
    \9\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 20324, 20348-20349 (April 7, 2016) 
(Initiation Notice).
    \10\ See Preliminary Results 82 FR at 12562-12563.
    \11\ See Memorandum, ``Decision Memorandum for Final Results and 
Partial Rescission of Countervailing Duty Administrative Review: 
Crystalline Silicon Photovoltaic Products from the People's Republic 
of China; 2014-2015,'' dated concurrently (Solar Products Final IDM) 
at Comment 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 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.\12\ 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.
---------------------------------------------------------------------------

    \12\ 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 mandatory respondent, Trina Solar. 
For the non-selected companies subject to this review,\13\ 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.\14\ In this case, as there is only 
a single mandatory respondent, the rate for non-selected companies is 
the same as the rate for the mandatory respondent. We find the 
countervailable subsidy rates for the producers/exporters under review 
to be as follows:
---------------------------------------------------------------------------

    \13\ See Appendix III.
    \14\ 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).

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Changzhou Trina Solar Energy Co., Ltd. and its Cross-              13.93
 Owned Affiliates \15\..................................
Chint Solar (Zhejiang) Co., Ltd.........................           13.93
Hefei JA Solar Technology Co., Ltd......................           13.93
Perlight Solar Co., Ltd.................................           13.93
Risen Energy Co., Ltd...................................           13.93
Shanghai JA Solar Technology Co., Ltd...................           13.93
Shenzhen Sungold Solar Co., Ltd.........................           13.93
Sunny Apex Development Limited..........................           13.93
------------------------------------------------------------------------

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.\16\
---------------------------------------------------------------------------

    \15\ 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.
    \16\ 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 June 10, 2014, through December 31, 2015, 
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: September 5, 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.

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

Summary
Background
List of Comments From Interested Parties
Scope of the Order
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: The Scope of the Order is Unlawful
    Comment 2: The Final Scope Determination Does Not Apply 
Retroactively
    Comment 3: Rescission of the Review of BYD
    Comment 4: Inclusion of Value Added Tax (VAT) in LTAR Benchmarks
    Comment 5: Solar Glass Benchmark
    Comment 6: Specificity of Glass at LTAR
    Comment 7: Benchmark for Aluminum Extrusions
    Comment 8: Electricity for LTAR
    Comment 9: Usage of Export Buyer's Credit Program
    Comment 10: Selection of the Adverse Facts Available (AFA) Rate 
for Export Buyer's Credit Program
    Comment 11: Addition of Ocean Freight and Import Duties to LTAR 
Benchmarks
    Comment 12: Zeroing of Purchases Above Benchmarks
Recommendation
Appendix--Non-Selected Companies Under Review

[[Page 42794]]

Appendix II--List of Companies for Which We Are Rescinding This 
Administrative Review \17\
---------------------------------------------------------------------------

    \17\ 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. BYD (Shangluo) Industrial Co., Ltd.
5. Canadian Solar, Inc.
6. Canadian Solar International, Ltd.
7. Canadian Solar Manufacturing (Changshu), Inc.
8. Canadian Solar Manufacturing (Luoyang), Inc.
9. Hainan Yingli New Energy Resources Co., Ltd.
10. Hengshui Yingli New Energy Resources Co., Ltd.
11. Jinko Solar Co., Ltd.
12. Jinko Solar Import and Export Co., Ltd.
13. Lixian Yingli New Energy Resources Co., Ltd.
14. Shanghai BYD Co., Ltd.
15. Shenzhen Jiawei Photovoltaic Lighting Co., Ltd.
16. Shenzhen Yingli New Energy Resources Co., Ltd.
17. Tianjin Yingli New Energy Resources Co., Ltd.
18. Wuxi Suntech Power Co., Ltd.
19. Yingli Energy (China) Co., Ltd.
20. Yingli Green Energy Holding Company Limited
21. Yingli Green Energy International Trading Company Limited
22. Zhejiang Jinko Solar Co., Ltd.

Appendix III--List of Non-Selected Companies Under Review

1. Chint Solar (Zhejiang) Co., Ltd.
2. Hefei JA Solar Technology Co., Ltd.
3. Perlight Solar Co., Ltd.
4. Risen Energy Co., Ltd.
5. Shanghai JA Solar Technology Co., Ltd.
6. Shenzhen Sungold Solar Co., Ltd.
7. Sunny Apex Development Limited

[FR Doc. 2017-19292 Filed 9-11-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                42792                     Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices

                                                description of the scope of these                       Preliminary Results. On June 8, 2017,                     the Issues and Decision Memorandum,
                                                investigations is dispositive.                          we received timely case briefs from the                   which is hereby adopted by this notice.5
                                                [FR Doc. 2017–19287 Filed 9–11–17; 8:45 am]             following interested parties: SolarWorld                  Analysis of Comments Received
                                                BILLING CODE 3510–DS–P                                  Americas, Inc. (the petitioner); the
                                                                                                        Government of China (GOC); Trina                             All issues raised in interested parties’
                                                                                                        Solar; BYD (Shangluo) Industrial Co.,                     briefs are addressed in the Issues and
                                                DEPARTMENT OF COMMERCE                                  Ltd. (BYD); and SNJ Enterprises, LLC,                     Decision Memorandum accompanying
                                                                                                        Dba Zamp Solar (SNJ).2 On June 15,                        this notice. A list of the issues raised by
                                                International Trade Administration                                                                                interested parties and to which we
                                                                                                        2017, we received timely rebuttal
                                                [C–570–011]
                                                                                                                                                                  responded in the Issues and Decision
                                                                                                        comments from the petitioner, the GOC,
                                                                                                                                                                  Memorandum is provided in Appendix
                                                                                                        and Trina Solar.3                                         I to this notice. The Issues and Decision
                                                Certain Crystalline Silicon Photovoltaic
                                                Products From the People’s Republic                        On June 8, 2017, in accordance with                    Memorandum is a public document and
                                                of China: Final Results of                              section 751(a)(3)(A) of the Act, the                      is on file electronically via Enforcement
                                                Countervailing Duty Administrative                      Department extended the period for                        and Compliance’s Antidumping and
                                                Review, and Partial Rescission of                       issuing the final results of this review by               Countervailing Duty Centralized
                                                Countervailing Duty Administrative                      60 days, to September 2, 2017. As                         Electronic Service System (ACCESS).
                                                Review; 2014–2015                                       September 2, 2017 is a Saturday and                       ACCESS is available to registered users
                                                                                                        September 4, 2017 is Labor Day, the                       at https://access.trade.gov and in the
                                                AGENCY:   Enforcement and Compliance,                   final results were extended until                         Central Records Unit, Room B8024 of
                                                International Trade Administration,                     September 5, 2017.4                                       the main Department of Commerce
                                                Department of Commerce.                                                                                           building. In addition, a complete
                                                SUMMARY: The Department of Commerce                     Scope of the Order                                        version of the Issues and Decision
                                                (the Department) has completed its                                                                                Memorandum can be access directly at
                                                                                                           The merchandise covered by this                        http://enforcement.trade.gov/frn/. The
                                                administrative review of the                            order are modules, laminates and/or
                                                countervailing duty order (CVD) on                                                                                signed and electronic versions of the
                                                                                                        panels consisting of crystalline silicon                  Issues and Decision Memorandum are
                                                crystalline silicon photovoltaic products
                                                                                                        photovoltaic cells, whether or not                        identical in content.
                                                (solar products) from the People’s
                                                                                                        partially or fully assembled into other
                                                Republic of China (PRC) for the June 10,                                                                          Changes Since the Preliminary Results
                                                2014, through December 31, 2015,                        products, including building integrated
                                                period of review (POR). We have                         materials. The product is currently                          Based on case briefs, rebuttal briefs,
                                                determined that the mandatory                           classified under the Harmonized Tariff                    and all supporting documentation, we
                                                respondent Changzhou Trina Solar                        Schedule of the United States (HTSUS)                     made changes from the Preliminary
                                                Energy Co., Ltd. and its cross-owned                    item numbers 8501.61.0000,                                Results. The Department has modified
                                                affiliates (collectively, Trina Solar)                  8507.20.8030, 8507.20.8040,                               its creditworthiness findings for Trina
                                                received countervailable subsidies                      8507.20.8060, 8507.20.8090,                               Solar. In the Preliminary Results, the
                                                during the POR. The final net subsidy                   8541.40.6020, 8541.40.6030 and                            Department found Trina Solar to be
                                                rates are listed below in the section,                  8501.31.8000. These HTSUS                                 uncreditworthy during the 2012–2015
                                                ‘‘Final Results of Administrative                       subheadings are provided for                              period. After reviewing Trina Solar’s
                                                Review.’’ We are also rescinding the                    convenience and customs purposes; the                     response to the Department’s
                                                review for 22 companies for which all                   written description of the scope of this                  creditworthiness questionnaire,6 the
                                                review requests were timely withdrawn                   order is dispositive. A full description                  Department finds that Trina Solar was
                                                or for which we have concluded that                     of the scope of the order is contained in                 uncreditworthy from 2012 to 2013 and
                                                there were no entries, exports, or sales                                                                          creditworthy during 2014 and 2015.7
                                                of the subject merchandise during the                      2 See Petitioner’s Case Brief, ‘‘Certain Crystalline   Partial Rescission of Review
                                                POR.                                                    Silicon Photovoltaic Products from the People’s
                                                                                                        Republic of China: Case Brief of SolarWorld                 We are rescinding this administrative
                                                DATES:   Applicable September 12, 2017.                 Americas, Inc.,’’ dated June 8, 2017; GOC’s Case          review for 22 companies 8 named in the
                                                                                                        Brief, ‘‘GOC’s Case Brief: Certain Crystalline Silicon    Initiation Notice.9 In the Preliminary
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                        Photovoltaic Products from the People’s Republic of
                                                Joseph Traw, AD/CVD Operations,                         China,’’ dated June 8, 2017; Trina Solar’s Case Brief,
                                                                                                                                                                  Results, we made a preliminary
                                                Office VII, Enforcement and                             ‘‘Crystalline Silicon Photovoltaic Products from the      determination to rescind the review of
                                                Compliance, International Trade                         People’s Republic of China: Case Brief,’’ dated June      companies for which all review requests
                                                                                                        8, 2017; BYD’s Case Brief, ‘‘Crystalline Silicon          were timely withdrawn.10 With the
                                                Administration, U.S. Department of                      Photovoltaic Products from the People’s Republic of
                                                Commerce, 1401 Constitution Avenue                      China: BYD’s Case Brief’’ dated June 8, 2017; SNJ’s         5 See Memorandum, ‘‘Decision Memorandum for
                                                NW., Washington, DC 20230; telephone                    Case Brief, ‘‘Certain Crystalline Silicon Photovoltaic
                                                                                                        Products from the People’s Republic of China: Case        Final Results and Partial Rescission of
                                                (202) 482–6079.                                                                                                   Countervailing Duty Administrative Review:
                                                                                                        Brief,’’ dated June 8, 2017.
                                                                                                                                                                  Crystalline Silicon Photovoltaic Cells, Whether or
                                                Background                                                 3 See Petitioner’s Rebuttal Brief, ‘‘Certain
                                                                                                                                                                  Not Assembled Into Modules, from the People’s
                                                                                                        Crystalline Silicon Photovoltaic Products from the
                                                  The Department published the                                                                                    Republic of China; 2014,’’ dated concurrently with
                                                                                                        People’s Republic of China: Rebuttal Brief of
                                                                                                                                                                  this notice (Issues and Decision Memorandum).
                                                Preliminary Results of this                             SolarWorld Americas, Inc.,’’ dated June 15, 2017;           6 See Trina Solar’s Letter, ‘‘Crystalline Silicon
                                                administrative review in the Federal                    GOC’s Rebuttal Brief, ‘‘GOC’s Rebuttal Brief Certain
                                                                                                                                                                  Photovoltaic Products from the People’s Republic of
pmangrum on DSK3GDR082PROD with NOTICES1




                                                                                                        Crystalline Silicon Photovoltaic Products from the
                                                Register on March 6, 2017.1 We invited                  People’s Republic of China,’’ dated June 15, 2017;        China: Creditworthiness Questionnaire Response,’’
                                                interested parties to comment on the                    Trina Solar’s Rebuttal Brief, ‘‘Crystalline Silicon       dated April 20, 2017.
                                                                                                                                                                    7 See Issues and Decision Memorandum.
                                                                                                        Photovoltaic Products from the People’s Republic of
                                                                                                                                                                    8 See Appendix II.
                                                   1 See Certain Crystalline Silicon Photovoltaic       China: Rebuttal Brief,’’ dated June 15, 2017.
                                                                                                                                                                    9 See Initiation of Antidumping and
                                                Products from the People’s Republic of China:              4 See Memorandum, ‘‘Certain Crystalline Silicon

                                                Preliminary Results of Countervailing Duty              Photovoltaic Products from the People’s Republic of       Countervailing Duty Administrative Reviews, 81 FR
                                                Administrative Review and Preliminary Intent To         China: Extension of the Deadline for Issuing the          20324, 20348–20349 (April 7, 2016) (Initiation
                                                Rescind, in Part; 2014–2015, 82 FR 12562 (March         Final Results of the 2014–2015 Countervailing Duty        Notice).
                                                6, 2017) (Preliminary Results).                         Administrative Review,’’ dated June 8, 2017.                10 See Preliminary Results 82 FR at 12562–12563.




                                           VerDate Sep<11>2014   15:19 Sep 11, 2017   Jkt 241001   PO 00000   Frm 00012   Fmt 4703   Sfmt 4703   E:\FR\FM\12SEN1.SGM      12SEN1


                                                                           Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices                                                  42793

                                                exception of BYD, we received no                        a single mandatory respondent, the rate                      protective order (APO) of their
                                                comments with regard to this                            for non-selected companies is the same                       responsibility concerning the
                                                preliminary determination. We are                       as the rate for the mandatory                                destruction of proprietary information
                                                rescinding the review for these                         respondent. We find the countervailable                      disclosed under APO in accordance
                                                companies in accordance with 19 CFR                     subsidy rates for the producers/                             with 19 CFR 351.305(a)(3). Timely
                                                351.212(d)(1). With respect to BYD, the                 exporters under review to be as follows:                     written notification of the return or
                                                Department determined that it made no                                                                                destruction of APO materials or
                                                exports or sales of subject merchandise                                                               Subsidy rate   conversion to judicial protective order is
                                                to the United States during the POR.11                                Company                         (percent ad    hereby requested. Failure to comply
                                                   All companies for which we are                                                                       valorem)
                                                                                                                                                                     with the regulations and terms of an
                                                rescinding this administrative review                   Changzhou Trina Solar En-                                    APO is a sanctionable violation.
                                                are listed in Appendix II to this notice.                 ergy Co., Ltd. and its                                       We are issuing and publishing these
                                                For these companies, countervailing                       Cross-Owned Affiliates 15 ..                       13.93   results in accordance with sections
                                                duties shall be assessed at rates equal to              Chint Solar (Zhejiang) Co.,                                  751(a)(1) and 777(i)(1) of the Act.
                                                the rates of the cash deposits for                        Ltd .....................................          13.93
                                                estimated countervailing duties required                Hefei JA Solar Technology                                      Dated: September 5, 2017.
                                                at the time of entry, or withdrawal from                  Co., Ltd .............................             13.93   Gary Taverman,
                                                warehouse, for consumption, during the                  Perlight Solar Co., Ltd ..........                   13.93   Deputy Assistant Secretary for Antidumping
                                                POR, in accordance with 19 CFR                          Risen Energy Co., Ltd ..........                     13.93   and Countervailing Duty Operations,
                                                                                                        Shanghai JA Solar Tech-
                                                351.212(c)(2).                                                                                                       performing the non-exclusive functions and
                                                                                                          nology Co., Ltd ..................                 13.93   duties of the Assistant Secretary for
                                                Methodology                                             Shenzhen Sungold Solar                                       Enforcement and Compliance.
                                                                                                          Co., Ltd .............................             13.93
                                                  The Department conducted this                         Sunny Apex Development                                       Appendix I—List of Topics Discussed in
                                                review in accordance with section                         Limited ...............................            13.93   the Issues and Decision Memorandum
                                                751(a)(1)(A) of the Tariff Act of 1930, as
                                                amended (the Act). For each of the                      Disclosure                                                   Summary
                                                subsidy programs found to be                                                                                         Background
                                                countervailable, we find that there is a                  We will disclose to the parties in this                    List of Comments From Interested Parties
                                                subsidy, i.e., a financial contribution                 proceeding the calculations performed                        Scope of the Order
                                                from a government or public entity that                 for these final results within five days                     Changes Since the Preliminary Results
                                                gives rise to a benefit to the recipient,               of the date of publication of this notice                    Partial Rescission of Administrative Review
                                                and that the subsidy is specific.12 For a               in the Federal Register.16                                   Non-Selected Companies Under Review
                                                                                                                                                                     Subsidies Valuation Information
                                                full description of the methodology                     Assessment Rates                                               Allocation Period
                                                underlying all of the Department’s                                                                                     Attribution of Subsidies
                                                conclusions, including any                                 Consistent with 19 CFR 351.212(b)(2),
                                                                                                        we intend to issue assessment                                  Denominators
                                                determination that relied upon the use                                                                                 Creditworthiness
                                                of adverse facts available pursuant to                  instructions to U.S. Customs and Border
                                                                                                                                                                       Benchmarks and Discount Rates
                                                sections 776(a) and (b) of the Act, see                 Protection (CBP) 15 days after the date
                                                                                                                                                                     Use of Facts Otherwise Available and
                                                the Issues and Decision Memorandum.                     of publication of these final results of                          Adverse Inferences
                                                                                                        review, to liquidate shipments of subject                    Programs Determined to be Countervailable
                                                Final Results of Administrative Review                  merchandise entered, or withdrawn                            Programs Determined to be Not
                                                  In accordance with 19 CFR                             from warehouse, for consumption, on or                            Countervailable During the POR
                                                351.221(b)(5), we calculated a                          after June 10, 2014, through December                        Programs Determined Not to be Used or Not
                                                countervailable subsidy rate for the                    31, 2015, at the ad valorem rates listed                          to Confer Measurable Benefits
                                                mandatory respondent, Trina Solar. For                  above.                                                       Analysis of Comments
                                                the non-selected companies subject to                                                                                  Comment 1: The Scope of the Order is
                                                                                                        Cash Deposit Instructions                                         Unlawful
                                                this review,13 we followed the
                                                Department’s practice, which is to base                   In accordance with section 751(a)(1)                         Comment 2: The Final Scope
                                                                                                        of the Act, we intend to instruct CBP to                          Determination Does Not Apply
                                                the subsidy rates on an average of the
                                                                                                        collect cash deposits of estimated                                Retroactively
                                                subsidy rates calculated for those
                                                                                                        countervailing duties in the amounts                           Comment 3: Rescission of the Review of
                                                companies selected for individual                                                                                         BYD
                                                review, excluding de minimis rates or                   shown for each of the respective
                                                                                                                                                                       Comment 4: Inclusion of Value Added Tax
                                                rates based entirely on adverse facts                   companies listed above. These cash
                                                                                                                                                                          (VAT) in LTAR Benchmarks
                                                available.14 In this case, as there is only             deposit requirements, when imposed,                            Comment 5: Solar Glass Benchmark
                                                                                                        shall remain in effect until further                           Comment 6: Specificity of Glass at LTAR
                                                  11 See Memorandum, ‘‘Decision Memorandum for          notice.                                                        Comment 7: Benchmark for Aluminum
                                                Final Results and Partial Rescission of                                                                                   Extrusions
                                                Countervailing Duty Administrative Review:              Administrative Protective Orders
                                                Crystalline Silicon Photovoltaic Products from the
                                                                                                                                                                       Comment 8: Electricity for LTAR
                                                                                                          This notice also serves as a reminder                        Comment 9: Usage of Export Buyer’s Credit
                                                People’s Republic of China; 2014–2015,’’ dated
                                                concurrently (Solar Products Final IDM) at              to parties subject to administrative                              Program
                                                Comment 3.                                                                                                             Comment 10: Selection of the Adverse
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                                                  12 See sections 771(5)(B) and (D) of the Act          Administrative Review, 75 FR 37386 (June 29,                      Facts Available (AFA) Rate for Export
                                                regarding financial contribution; section 771(5)(E)     2010).                                                            Buyer’s Credit Program
                                                of the Act regarding benefit; and section 771(5A) of      15 Id. Cross-owned affiliates are: Trina Solar
                                                                                                                                                                       Comment 11: Addition of Ocean Freight
                                                the Act regarding specificity.                          Limited; Trina Solar (Changzhou) Science &
                                                  13 See Appendix III.
                                                                                                                                                                          and Import Duties to LTAR Benchmarks
                                                                                                        Technology Co., Ltd.; Yancheng Trina Solar Energy
                                                  14 See, e.g., Certain Pasta from Italy: Preliminary   Technology Co., Ltd.; Changzhou Trina Solar
                                                                                                                                                                       Comment 12: Zeroing of Purchases Above
                                                Results of the 13th (2008) Countervailing Duty          Yabang Energy Co., Ltd.; Hubei Trina Solar Energy                 Benchmarks
                                                Administrative Review, 75 FR 18806, 18811 (April        Co., Ltd.; Turpan Trina Solar Energy Co., Ltd.; and          Recommendation
                                                13, 2010), unchanged in Certain Pasta from Italy:       Changzhou Trina PV Ribbon Materials Co., Ltd.                Appendix—Non-Selected Companies Under
                                                Final Results of the 13th (2008) Countervailing Duty      16 See 19 CFR 351.224(b).                                       Review



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                                                42794                     Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices

                                                Appendix II—List of Companies for                       DEPARTMENT OF COMMERCE                                dated concurrently with these
                                                Which We Are Rescinding This                                                                                  determinations and hereby adopted by
                                                Administrative Review 17                                International Trade Administration                    this notice.2 A list of topics included in
                                                                                                        [A–821–824, A–520–808]                                the Preliminary Decision Memorandum
                                                1. Baoding Jiasheng Photovoltaic Technology                                                                   is included as Appendix II to this
                                                     Co. Ltd.
                                                                                                        Certain Carbon and Alloy Steel Wire                   notice. The Preliminary Decision
                                                2. Baoding Tianwei Yingli New Energy
                                                                                                        Rod From the Russian Federation and                   Memorandum is public document and
                                                     Resources Co., Ltd.
                                                                                                        the United Arab Emirates: Affirmative                 is on file electronically via Enforcement
                                                3. Beijing Tianneng Yingli New Energy
                                                                                                        Preliminary Determinations of Sales at                and Compliance’s Antidumping and
                                                     Resources Co. Ltd.
                                                                                                        Less Than Fair Value, and Affirmative                 Countervailing Duty Centralized
                                                4. BYD (Shangluo) Industrial Co., Ltd.
                                                                                                        Preliminary Determination of Critical                 Electronic Service System (ACCESS).
                                                5. Canadian Solar, Inc.
                                                                                                        Circumstances for Imports of Certain                  ACCESS is available to registered users
                                                6. Canadian Solar International, Ltd.
                                                                                                        Carbon and Alloy Steel Wire Rod From                  at https://access.trade.gov, and to all
                                                7. Canadian Solar Manufacturing (Changshu),
                                                                                                        the Russian Federation                                parties in the Central Records Unit,
                                                     Inc.
                                                                                                                                                              Room B8024 of the main Department of
                                                8. Canadian Solar Manufacturing (Luoyang),              AGENCY:  Enforcement and Compliance,                  Commerce building. In addition, a
                                                     Inc.                                               International Trade Administration,                   complete version of the Preliminary
                                                9. Hainan Yingli New Energy Resources Co.,              Department of Commerce.                               Decision Memorandum can be found at
                                                     Ltd.
                                                10. Hengshui Yingli New Energy Resources                SUMMARY: The Department of Commerce                   http://enforcement.trade.gov/frn/. The
                                                     Co., Ltd.                                          (the Department) preliminarily                        signed Preliminary Decision
                                                11. Jinko Solar Co., Ltd.                               determines that imports of carbon and                 Memorandum and the electronic
                                                12. Jinko Solar Import and Export Co., Ltd.             alloy steel wire rod (wire rod) from the              versions of the Preliminary Decision
                                                13. Lixian Yingli New Energy Resources Co.,             Russian Federation (Russia) and the                   Memorandum are identical in content.
                                                     Ltd.                                               United Arab Emirates (the UAE) are                    Scope of the Investigations
                                                14. Shanghai BYD Co., Ltd.                              being, or are likely to be, sold in the
                                                                                                        United States at less than fair value                    The products covered by these
                                                15. Shenzhen Jiawei Photovoltaic Lighting
                                                                                                        (LTFV). The period of these                           investigations are certain hot-rolled
                                                     Co., Ltd.
                                                                                                        investigations (POI) is January 1, 2016,              products of carbon steel and alloy steel,
                                                16. Shenzhen Yingli New Energy Resources
                                                                                                        through December 31, 2016. Abinsk                     in coils, of approximately round cross
                                                     Co., Ltd.
                                                                                                        Electric Steel Works Ltd. (Abinsk) and                section, less than 19.00 mm in actual
                                                17. Tianjin Yingli New Energy Resources Co.,
                                                                                                        JSC NLMK-Ural (NLMK Ural) are the                     solid cross-sectional diameter (wire
                                                     Ltd.
                                                                                                        mandatory respondents in the Russia                   rod). Interested parties filed comments
                                                18. Wuxi Suntech Power Co., Ltd.
                                                                                                        investigation. Emirates Steel Industries              regarding the scope of the
                                                19. Yingli Energy (China) Co., Ltd.
                                                                                                        PJSC (Emirates Steel) is the mandatory                investigations. On August 7, 2017, we
                                                20. Yingli Green Energy Holding Company
                                                                                                        respondent in the UAE investigation.                  issued a Preliminary Scope Decision
                                                     Limited
                                                21. Yingli Green Energy International                   The estimated weighted average                        Memorandum, which addressed these
                                                     Trading Company Limited                            dumping margins of sales at LTFV are                  comments and established a briefing
                                                22. Zhejiang Jinko Solar Co., Ltd.                      shown in the ‘‘Preliminary                            schedule for scope-related issues.3 As a
                                                                                                        Determinations’’ section of this notice.              result of the analysis contained therein,
                                                Appendix III—List of Non-Selected                       Interested parties are invited to                     the scope language is unchanged from
                                                Companies Under Review                                  comment on these preliminary                          that in the Initiation Notice.4 For a full
                                                                                                        determinations.                                       description of the scope of these
                                                1. Chint Solar (Zhejiang) Co., Ltd.
                                                                                                                                                              investigations, see the ‘‘Scope of the
                                                2. Hefei JA Solar Technology Co., Ltd.                  DATES:   Applicable September 12, 2017.               Investigations,’’ in Appendix I.
                                                3. Perlight Solar Co., Ltd.
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                4. Risen Energy Co., Ltd.                                                                                     Methodology
                                                                                                        Kaitlin Wojnar, 202–482–3857 (Russia),
                                                5. Shanghai JA Solar Technology Co., Ltd.                                                                        The Department is conducting these
                                                                                                        or Carrie Bethea at 202–482–1491
                                                6. Shenzhen Sungold Solar Co., Ltd.                                                                           investigations in accordance with
                                                                                                        (UAE), AD/CVD Operations,
                                                7. Sunny Apex Development Limited                                                                             section 731 of the Tariff Act of 1930, as
                                                                                                        Enforcement and Compliance,
                                                [FR Doc. 2017–19292 Filed 9–11–17; 8:45 am]             International Trade Administration,                   amended (the Act). Pursuant to section
                                                BILLING CODE 3510–DS–P                                  U.S. Department of Commerce, 1401                     776(a) of the Act, the Department
                                                                                                        Constitution Avenue NW., Washington,                  preliminarily relied upon facts
                                                                                                        DC 20230.                                             otherwise available to assign an
                                                                                                                                                              estimated weighted-average dumping
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                                                                              margin to the mandatory respondents
                                                                                                        Background                                            from Russia, Abinsk and NLMK Ural,
                                                                                                          The Department published the notice                   2 See Memorandum, ‘‘Decision Memorandum for
                                                                                                        of initiation of these investigations on              the Preliminary Determination in the Less Than
                                                                                                        April 26, 2017.1 For a complete                       Fair Value Investigation of Carbon and Alloy Steel
                                                                                                        description of the events that followed               Wire Rod from the Russian Federation and the
                                                                                                        the initiation of these investigations, see           United Arab Emirates,’’ dated concurrently with
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                                                                                                                                                              this notice (Preliminary Decision Memorandum).
                                                                                                        the Preliminary Decision Memorandum                     3 See Memorandum, ‘‘Carbon and Alloy Steel

                                                                                                                                                              Wire Rod from Belarus, Italy, the Republic of Korea,
                                                                                                           1 See Carbon and Alloy Steel Wire Rod from         the Russian Federation, South Africa, Spain, the
                                                                                                        Belarus, Italy, the Republic of Korea, the Russian    Republic of Turkey, Ukraine, the United Arab
                                                                                                        Federation, South Africa, Spain, the Republic of      Emirates, and the United Kingdom: Scope
                                                                                                        Turkey, Ukraine, United Arab Emirates, and United     Comments Decision Memorandum for the
                                                  17 See Issues and Decision Memorandum at the
                                                                                                        Kingdom: Initiation of Less-Than-Fair-Value           Preliminary Determinations,’’ August 7, 2017
                                                section, ‘‘Partial Rescission of Administrative         Investigations, 82 FR 19207 (April 26, 2017)          (Preliminary Scope Decision Memorandum).
                                                Review.’’                                               (Initiation Notice).                                    4 Id. at 20.




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Document Created: 2018-10-24 14:14:06
Document Modified: 2018-10-24 14:14:06
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 September 12, 2017.
ContactJoseph Traw, 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) 482-6079.
FR Citation82 FR 42792 

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