83_FR_1242 83 FR 1235 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, and Rescission of Review, in Part; 2015

83 FR 1235 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, and Rescission of Review, in Part; 2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 7 (January 10, 2018)

Page Range1235-1237
FR Document2018-00103

The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells) from the People's Republic of China (China). The period of review (POR) is January 1, 2015, through December 31, 2015.

Federal Register, Volume 83 Issue 7 (Wednesday, January 10, 2018)
[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Notices]
[Pages 1235-1237]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00103]



[[Page 1235]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-980]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Preliminary Results 
of Countervailing Duty Administrative Review, and Rescission of Review, 
in Part; 2015

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of crystalline silicon photovoltaic cells, whether or not 
assembled into modules (solar cells) from the People's Republic of 
China (China). The period of review (POR) is January 1, 2015, through 
December 31, 2015.

DATES: Applicable January 10, 2018.

FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3586.

SUPPLEMENTARY INFORMATION:

Background

    On December 7, 2012, Commerce issued a countervailing duty (CVD) 
order on solar cells from China.\1\ Several interested parties 
requested that Commerce conduct an administrative review of the CVD 
order, and on February 13, 2017, Commerce published in the Federal 
Register a notice of initiation of an administrative review of the 
Order for 54 producers/exporters for the POR.\2\
---------------------------------------------------------------------------

    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China: 
Countervailing Duty Order, 77 FR 73017 (December 7, 2012) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 10457 (February 13, 2017) (Initiation 
Notice).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to 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. For a 
complete description of the scope of this administrative review, see 
the Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of the Countervailing Duty Administrative Review of 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, from the People's Republic of China; 2015,'' 
(Preliminary Decision Memorandum), dated concurrently with, and 
hereby adopted by, this notice.
---------------------------------------------------------------------------

Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation of the requested review. This 
review was initiated on February 13, 2017. Between January 30, 2017, 
and May 15, 2017, we received timely withdrawals of the requests for 
review, for which no other parties requested a review, for the 
following companies: Yingli Green Energy Holding Company Limited; \4\ 
BYD (Shangluo) Industrial Co., Ltd., and Shanghai BYD Co., Ltd.\5\ 
Therefore, because there are no remaining requests to review these 
three companies, in accordance with 19 CFR 351.213(d)(1), and 
consistent with our practice, we are rescinding this review with 
respect to the three aforementioned companies.
---------------------------------------------------------------------------

    \4\ See Letter from the petitioner, ``Certain Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules, from the 
People's Republic of China: Partial Withdrawal Request for 
Administrative Review,'' dated January 30, 2017; and Letter from 
Yingli, ``Countervailing Duty Order on Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules: Yingli's 
Withdrawal of Request for Administrative Review,'' dated May 15, 
2017.
    \5\ See Letter from the petitioner, ``Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules, from the 
People's Republic of China: Withdrawal of Administrative Review 
Request,'' dated (May 15, 2017), and Letter from Shanghai BYD, 
``Crystalline Silicon Photovoltaic Cells, Whether Or Not Assembled 
Into Modules, from the People's Republic of China: Withdrawal Notice 
of Shanghai BYD and Shangluo BYD,'' dated May 15, 2017.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). For each of the subsidy programs found countervailable, we 
preliminarily find that there is a subsidy, (i.e., a financial 
contribution from an authority that gives rise to a benefit to the 
recipient) and that the subsidy is specific.\6\ In making this 
preliminary determination, Commerce relied, in part, on facts otherwise 
available, with the application of adverse inferences.\7\ For further 
information, see ``Use of Facts Otherwise Available and Application of 
Adverse Inferences'' in the accompanying Preliminary Decision 
Memorandum. A list of topics discussed in the Preliminary Decision 
Memorandum is provided at Appendix I to this notice.
---------------------------------------------------------------------------

    \6\ 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.
    \7\ See section 776(a) of the Act.
---------------------------------------------------------------------------

    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov, and 
is available to all parties in the Central Records Unit, room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content.

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                                rate
                                                               (percent)
------------------------------------------------------------------------
Canadian Solar Inc. and its Cross-Owned Affiliates \8\.......      13.72
Changzhou Trina Solar Energy Co., Ltd. and its Cross-Owned         10.93
 Affiliates 9 10.............................................
Non-Selected Companies Under Review..........................      12.64
------------------------------------------------------------------------

Preliminary Rate for Non-Selected Companies Under Review

    The statute and Commerce's regulations do not directly address the

[[Page 1236]]

establishment of rates to be applied to companies not selected for 
individual examination where Commerce limits its examination in an 
administrative review pursuant to section 777A(e)(2) of the Act. 
However, Commerce normally determines the rates for non-selected 
companies in reviews in a manner that is consistent with section 
705(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in an investigation. Section 705(c)(5)(A)(i) of the Act 
instructs Commerce, as a general rule, to calculate an all others rate 
using the weighted average of the subsidy weights established for the 
producers/exporters individually examined, excluding any zero, de 
minimis, or rates based entirely on facts available. For the companies 
for which a review was requested that were not selected as mandatory 
company respondents, and for which we did not receive a timely request 
for withdrawal of review, and for which we are not finding to be cross-
owned with the mandatory company respondents, we based the subsidy rate 
on a weighted-average of the subsidy rates calculated for the two 
mandatory respondents, Canadian Solar Inc. and Changzhou Trina Solar 
Energy Co., Ltd, using their publicly-ranged sales data for exports of 
subject merchandise to the United States during the POR. A list of 
these non-selected companies can be found in Appendix II of notice.
---------------------------------------------------------------------------

    \8\ Cross-owned affiliates are: Canadian Solar Inc.; Canadian 
Solar Manufacturing (Luoyang) Inc.; Canadian Solar Manufacturing 
(Changshu) Inc.; CSI Cells Co., Ltd.; CSI Solar Power (China) Inc.; 
CSI Solartronics (Changshu) Co., Ltd.; CSI Solar Technologies Inc.; 
CSI Solar Manufacture Inc. (name was changed to CSI New Energy 
Holding Co., Ltd. in July 2015); CSI-GCL Solar Manufacturing 
(Yancheng) Co., Ltd.; Changshu Tegu New Materials Technology Co., 
Ltd.; Changshu Tlian Co., Ltd.; and Suzhou Sanysolar Materials 
Technology Co., Ltd. See Preliminary Decision Memorandum.
    \9\ Cross-owned affiliates are: 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.; Hubei Trina Solar Energy Co., Ltd.; 
Turpan Trina Solar Energy Co., Ltd.; and Changzhou Trina PV Ribbon 
Materials Co., Ltd. See Preliminary Decision Memorandum.
    \10\ See Appendix II of this notice for a list of all companies 
that remain under review but were not selected for individual 
examination, and to whom we have preliminarily assigned the non-
selected company rate.
---------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\11\ 
Interested parties may submit written comments (case briefs) at a date 
to be determined by Commerce and rebuttal comments (rebuttal briefs) 
within five days after the time limit for filing case briefs.\12\ 
Rebuttal briefs must be limited to issues raised in the case 
briefs.\13\ Commerce will notify interested parties when it has 
determined a deadline for case briefs. Parties who submit case or 
rebuttal briefs are requested to submit with the argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\14\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.224(b).
    \12\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l). Interested 
parties will be notified through ACCESS regarding the deadline for 
submitting case briefs.
    \13\ See 19 CFR 351.309(d)(2).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system.\15\ Hearing requests should contain the 
party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. If a request 
for a hearing is made, we will inform parties of the scheduled date for 
the hearing, which will be held at the U.S. Department of Commerce, 
14th Street and Constitution Avenue NW, Washington, DC 20230, at a time 
and location to be determined.\16\ Parties should confirm by telephone 
the date, time, and location of the hearing. Issues addressed at the 
hearing will be limited to those raised in the briefs.\17\ All briefs 
and hearing requests must be filed electronically and received 
successfully in their entirety through ACCESS by 5:00 p.m. Eastern Time 
by their respective deadlines.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.310(c).
    \16\ See 19 CFR 351.310.
    \17\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, Commerce intends to issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their comments, within 120 days after 
publication of these preliminary results.

Assessment Rates and Cash Deposit Requirement

    In accordance with 19 CFR 351.221(b)(4)(i), we assigned a subsidy 
rate for each producer/exporter subject to this administrative review. 
Upon issuance of the final results, Commerce shall determine, and U.S. 
Customs and Border Protection (CBP) shall assess, countervailing duties 
on all appropriate entries covered by this review. We intend to issue 
instructions to CBP 15 days after publication of the final results of 
review. For companies for which this review is rescinded, Commerce will 
instruct CBP to assess countervailing duties on all appropriate entries 
at a rate equal to the cash deposit of estimated countervailing duties 
required at the time of entry, or withdrawal from warehouse, for 
consumption, during the period January 1, 2015, through December 31, 
2015, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to 
issue appropriate assessment instructions directly to CBP 15 days after 
publication of this notice.
    Pursuant to section 751(a)(2)(C) of the Act, Commerce also intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties, in the amounts shown above for each of the respective companies 
shown above, on shipments of subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
the final results of this review. For all non-reviewed firms, we will 
instruct CBP to continue to collect cash deposits at the most-recent 
company-specific or all-others rate applicable to the company, as 
appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: January 2, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Partial Rescission of Administrative Review
IV. Non-Selected Companies Under Review
V. Scope of the Order
VI. Application of the Countervailing Duty Law to Imports From China
VII. Diversification of China's Economy
VIII. Subsidies Valuation
IX. Interest Rate Benchmarks, Discount Rates, Inputs, Electricity, 
and Land Benchmarks
X. Use of Facts Otherwise Available and Application of Adverse 
Inferences
XI. Analysis of Programs
XII. Verification
XIII. Disclosure and Public Comment
XIV. Conclusion

Appendix II--Non-Selected Companies Under 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. Canadian Solar International, Ltd.
5. Chint Solar (Zhejiang) Co., Ltd.
6. Dongguan Sunworth Solar Energy Co., Ltd.
7. ERA Solar Co., Ltd.
8. ET Solar Energy Limited
9. ET Solar Industry Limited
10. Hainan Yingli New Energy Resources Co., Ltd.
11. Hangzhou Sunny Energy Science and Technology Co., Ltd.
12. Hangzhou Zhejiang University Sunny Energy Science and Technology 
Co., Ltd.
13. Hengdian Group DMEGC Magnetics Co., Ltd.

[[Page 1237]]

14. Hengshui Yingli New Energy Resources Co., Ltd.
15. Shanghai JA Solar Technology Co., Ltd.
16. JA Solar Technology Yangzhou Co., Ltd.
17. Jiangsu High Hope Int'l Group
18. Jiawei Solarchina Co., Ltd.
19. Jiawei Solarchina (Shenzhen) Co., Ltd.
20. JingAo Solar Co., Ltd.
21. Jinko Solar Co., Ltd.
22. Jinko Solar Import and Export Co., Ltd.
23. Jinko Solar International Limited
24. Jinko Solar (U.S.) Inc.
25. Lightway Green New Energy Co., Ltd.
26. Lixian Yingli New Energy Resources Co., Ltd.
27. Luoyang Suntech Power Co., Ltd.
28. Ningbo Qixin Solar Electrical Appliance Co., Ltd.
29. Risen Energy Co., Ltd.
30. Shanghai JA Solar Technology Co., Ltd.
31. Shenzhen Glory Industries Co., Ltd.
32. Shenzhen Topray Solar Co., Ltd.
33. Sumec Hardware & Tools Co. Ltd.
34. Systemes Versilis, Inc.
35. Taizhou BD Trade Co., Ltd.
36. tenKsolar (Shanghai) Co., Ltd.
37. Tianjin Yingli New Energy Resources Co., Ltd.
38. Toenergy Technology Hangzhou Co., Ltd.
39. Wuxi Suntech Power Co., Ltd.
40. Yingli Energy (China) Co., Ltd.
41. Yingli Green Energy Holding Company Limited
42. Zhejiang Era Solar Technology Co., Ltd.
43. Zhejiang Jinko Solar Co., Ltd.
44. Zhejiang Sunflower Light Energy Science & Technology Limited 
Liability Company

[FR Doc. 2018-00103 Filed 1-9-18; 8:45 am]
BILLING CODE 3510-DS-P



                                                                           Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Notices                                                                  1235

                                               DEPARTMENT OF COMMERCE                                  administrative review, see the                           application of adverse inferences.7 For
                                                                                                       Preliminary Decision Memorandum.3                        further information, see ‘‘Use of Facts
                                               International Trade Administration                                                                               Otherwise Available and Application of
                                                                                                       Rescission of Administrative Review, in
                                               [C–570–980]                                                                                                      Adverse Inferences’’ in the
                                                                                                       Part
                                                                                                                                                                accompanying Preliminary Decision
                                               Crystalline Silicon Photovoltaic Cells,                   Pursuant to 19 CFR 351.213(d)(1), the                  Memorandum. A list of topics discussed
                                               Whether or Not Assembled Into                           Secretary will rescind an administrative                 in the Preliminary Decision
                                               Modules, From the People’s Republic                     review, in whole or in part, if the parties              Memorandum is provided at Appendix
                                               of China: Preliminary Results of                        that requested a review withdraw the                     I to this notice.
                                               Countervailing Duty Administrative                      request within 90 days of the date of                       The Preliminary Decision
                                               Review, and Rescission of Review, in                    publication of the notice of initiation of               Memorandum is a public document and
                                               Part; 2015                                              the requested review. This review was                    is on file electronically via Enforcement
                                                                                                       initiated on February 13, 2017. Between                  and Compliance’s Antidumping and
                                               AGENCY:   Enforcement and Compliance,                   January 30, 2017, and May 15, 2017, we                   Countervailing Duty Centralized
                                               International Trade Administration,                     received timely withdrawals of the                       Electronic Service System (ACCESS).
                                               Department of Commerce.                                 requests for review, for which no other                  ACCESS is available to registered users
                                               SUMMARY: The Department of Commerce                     parties requested a review, for the                      at http://access.trade.gov, and is
                                               (Commerce) preliminarily determines                     following companies: Yingli Green                        available to all parties in the Central
                                               that countervailable subsidies are being                Energy Holding Company Limited; 4                        Records Unit, room B8024 of the main
                                               provided to producers and exporters of                  BYD (Shangluo) Industrial Co., Ltd., and                 Department of Commerce building. In
                                               crystalline silicon photovoltaic cells,                 Shanghai BYD Co., Ltd.5 Therefore,                       addition, a complete version of the
                                               whether or not assembled into modules                   because there are no remaining requests                  Preliminary Decision Memorandum can
                                               (solar cells) from the People’s Republic                to review these three companies, in                      be accessed directly at http://
                                               of China (China). The period of review                  accordance with 19 CFR 351.213(d)(1),                    enforcement.trade.gov/frn/. The signed
                                               (POR) is January 1, 2015, through                       and consistent with our practice, we are                 Preliminary Decision Memorandum and
                                               December 31, 2015.                                      rescinding this review with respect to                   the electronic version of the Preliminary
                                                                                                       the three aforementioned companies.                      Decision Memorandum are identical in
                                               DATES: Applicable January 10, 2018.
                                                                                                       Methodology                                              content.
                                               FOR FURTHER INFORMATION CONTACT:
                                               Gene H. Calvert, AD/CVD Operations,                       Commerce is conducting this                            Preliminary Results of Review
                                               Office VII, Enforcement and                             administrative review in accordance                        As a result of this review, we
                                               Compliance, International Trade                         with section 751(a)(1)(A) of the Tariff                  preliminarily determine the
                                               Administration, U.S. Department of                      Act of 1930, as amended (the Act). For                   countervailable subsidy rates to be:
                                               Commerce, 1401 Constitution Avenue                      each of the subsidy programs found
                                               NW, Washington, DC 20230; telephone:                    countervailable, we preliminarily find                                                                        Subsidy
                                               (202) 482–3586.                                         that there is a subsidy, (i.e., a financial                               Company                              rate
                                                                                                       contribution from an authority that                                                                          (percent)
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       gives rise to a benefit to the recipient)
                                               Background                                                                                                       Canadian Solar Inc. and its
                                                                                                       and that the subsidy is specific.6 In                      Cross-Owned Affiliates 8 ...........                 13.72
                                                  On December 7, 2012, Commerce                        making this preliminary determination,                   Changzhou Trina Solar Energy
                                               issued a countervailing duty (CVD)                      Commerce relied, in part, on facts                         Co., Ltd. and its Cross-Owned
                                               order on solar cells from China.1 Several               otherwise available, with the                              Affiliates 9 10 ...............................      10.93
                                               interested parties requested that                                                                                Non-Selected Companies Under
                                               Commerce conduct an administrative                         3 See Memorandum, ‘‘Decision Memorandum for             Review ......................................        12.64
                                                                                                       Preliminary Results of the Countervailing Duty
                                               review of the CVD order, and on                         Administrative Review of Crystalline Silicon
                                               February 13, 2017, Commerce published                   Photovoltaic Cells, Whether or Not Assembled Into
                                                                                                                                                                Preliminary Rate for Non-Selected
                                               in the Federal Register a notice of                     Modules, from the People’s Republic of China;            Companies Under Review
                                               initiation of an administrative review of               2015,’’ (Preliminary Decision Memorandum), dated           The statute and Commerce’s
                                                                                                       concurrently with, and hereby adopted by, this
                                               the Order for 54 producers/exporters for                notice.                                                  regulations do not directly address the
                                               the POR.2                                                  4 See Letter from the petitioner, ‘‘Certain Silicon

                                                                                                       Photovoltaic Cells, Whether or Not Assembled into          7 See section 776(a) of the Act.
                                               Scope of the Order                                      Modules, from the People’s Republic of China:              8 Cross-owned   affiliates are: Canadian Solar Inc.;
                                                                                                       Partial Withdrawal Request for Administrative            Canadian Solar Manufacturing (Luoyang) Inc.;
                                                  The merchandise subject to the Order                 Review,’’ dated January 30, 2017; and Letter from        Canadian Solar Manufacturing (Changshu) Inc.; CSI
                                               is crystalline silicon photovoltaic cells,              Yingli, ‘‘Countervailing Duty Order on Crystalline       Cells Co., Ltd.; CSI Solar Power (China) Inc.; CSI
                                               and modules, laminates, and panels,                     Silicon Photovoltaic Cells, Whether or Not               Solartronics (Changshu) Co., Ltd.; CSI Solar
                                               consisting of crystalline silicon                       Assembled into Modules: Yingli’s Withdrawal of           Technologies Inc.; CSI Solar Manufacture Inc.
                                                                                                       Request for Administrative Review,’’ dated May 15,       (name was changed to CSI New Energy Holding Co.,
                                               photovoltaic cells, whether or not                      2017.                                                    Ltd. in July 2015); CSI–GCL Solar Manufacturing
                                               partially or fully assembled into other                    5 See Letter from the petitioner, ‘‘Crystalline       (Yancheng) Co., Ltd.; Changshu Tegu New Materials
                                               products, including, but not limited to,                Silicon Photovoltaic Cells, Whether or Not               Technology Co., Ltd.; Changshu Tlian Co., Ltd.; and
                                               modules, laminates, panels, and                         Assembled into Modules, from the People’s                Suzhou Sanysolar Materials Technology Co., Ltd.
                                               building integrated materials. For a                    Republic of China: Withdrawal of Administrative          See Preliminary Decision Memorandum.
                                                                                                       Review Request,’’ dated (May 15, 2017), and Letter         9 Cross-owned affiliates are: Changzhou Trina
                                               complete description of the scope of this
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       from Shanghai BYD, ‘‘Crystalline Silicon                 Solar Energy Co., Ltd.; Trina Solar (Changzhou)
                                                                                                       Photovoltaic Cells, Whether Or Not Assembled Into        Science and Technology Co., Ltd.; Yancheng Trina
                                                 1 See Crystalline Silicon Photovoltaic Cells,         Modules, from the People’s Republic of China:            Solar Energy Technology Co., Ltd.; Changzhou
                                               Whether or Not Assembled Into Modules, from the         Withdrawal Notice of Shanghai BYD and Shangluo           Trina Solar Yabang Energy Co., Ltd.; Hubei Trina
                                               People’s Republic of China: Countervailing Duty         BYD,’’ dated May 15, 2017.                               Solar Energy Co., Ltd.; Turpan Trina Solar Energy
                                               Order, 77 FR 73017 (December 7, 2012) (Order).             6 See sections 771(5)(B) and (D) of the Act           Co., Ltd.; and Changzhou Trina PV Ribbon
                                                 2 See Initiation of Antidumping and                   regarding financial contribution; section 771(5)(E)      Materials Co., Ltd. See Preliminary Decision
                                               Countervailing Duty Administrative Reviews, 82 FR       of the Act regarding benefit; and section 771(5A) of     Memorandum.
                                               10457 (February 13, 2017) (Initiation Notice).          the Act regarding specificity.                                                                                Continued




                                          VerDate Sep<11>2014   18:23 Jan 09, 2018   Jkt 244001   PO 00000   Frm 00003   Fmt 4703   Sfmt 4703   E:\FR\FM\10JAN1.SGM       10JAN1


                                               1236                         Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Notices

                                               establishment of rates to be applied to                    Interested parties who wish to request                 Pursuant to section 751(a)(2)(C) of the
                                               companies not selected for individual                   a hearing must do so within 30 days of                  Act, Commerce also intends to instruct
                                               examination where Commerce limits its                   publication of these preliminary results                CBP to collect cash deposits of
                                               examination in an administrative review                 by submitting a written request to the                  estimated countervailing duties, in the
                                               pursuant to section 777A(e)(2) of the                   Assistant Secretary for Enforcement and                 amounts shown above for each of the
                                               Act. However, Commerce normally                         Compliance, U.S. Department of                          respective companies shown above, on
                                               determines the rates for non-selected                   Commerce, using Enforcement and                         shipments of subject merchandise
                                               companies in reviews in a manner that                   Compliance’s ACCESS system.15                           entered, or withdrawn from warehouse,
                                               is consistent with section 705(c)(5) of                 Hearing requests should contain the                     for consumption on or after the date of
                                               the Act, which provides instructions for                party’s name, address, and telephone                    publication of the final results of this
                                               calculating the all-others rate in an                   number, the number of participants, and                 review. For all non-reviewed firms, we
                                               investigation. Section 705(c)(5)(A)(i) of               a list of the issues to be discussed. If a              will instruct CBP to continue to collect
                                               the Act instructs Commerce, as a general                request for a hearing is made, we will                  cash deposits at the most-recent
                                               rule, to calculate an all others rate using             inform parties of the scheduled date for                company-specific or all-others rate
                                               the weighted average of the subsidy                     the hearing, which will be held at the                  applicable to the company, as
                                               weights established for the producers/                  U.S. Department of Commerce, 14th                       appropriate. These cash deposit
                                               exporters individually examined,                        Street and Constitution Avenue NW,                      requirements, when imposed, shall
                                               excluding any zero, de minimis, or rates                Washington, DC 20230, at a time and                     remain in effect until further notice.
                                               based entirely on facts available. For the              location to be determined.16 Parties                      These preliminary results of review
                                               companies for which a review was                        should confirm by telephone the date,                   are issued and published in accordance
                                               requested that were not selected as                     time, and location of the hearing. Issues               with sections 751(a)(l) and 777(i)(l) of
                                               mandatory company respondents, and                      addressed at the hearing will be limited                the Act and 19 CFR 351.213 and
                                               for which we did not receive a timely                   to those raised in the briefs.17 All briefs             351.221(b)(4).
                                               request for withdrawal of review, and                   and hearing requests must be filed                        Dated: January 2, 2018.
                                               for which we are not finding to be cross-               electronically and received successfully                P. Lee Smith,
                                               owned with the mandatory company                        in their entirety through ACCESS by                     Deputy Assistant Secretary for Policy and
                                               respondents, we based the subsidy rate                  5:00 p.m. Eastern Time by their                         Negotiations.
                                               on a weighted-average of the subsidy                    respective deadlines.
                                               rates calculated for the two mandatory                     Unless the deadline is extended                      Appendix I—List of Topics Discussed in
                                               respondents, Canadian Solar Inc. and                    pursuant to section 751(a)(3)(A) of the                 the Preliminary Decision Memorandum
                                               Changzhou Trina Solar Energy Co., Ltd,                  Act, Commerce intends to issue the final                I. Summary
                                               using their publicly-ranged sales data                  results of this administrative review,                  II. Background
                                               for exports of subject merchandise to the               including the results of our analysis of                III. Partial Rescission of Administrative
                                               United States during the POR. A list of                 the issues raised by the parties in their                     Review
                                               these non-selected companies can be                                                                             IV. Non-Selected Companies Under Review
                                                                                                       comments, within 120 days after                         V. Scope of the Order
                                               found in Appendix II of notice.                         publication of these preliminary results.               VI. Application of the Countervailing Duty
                                               Disclosure and Public Comment                           Assessment Rates and Cash Deposit                             Law to Imports From China
                                                                                                                                                               VII. Diversification of China’s Economy
                                                  Commerce will disclose to parties to                 Requirement
                                                                                                                                                               VIII. Subsidies Valuation
                                               this proceeding the calculations                           In accordance with 19 CFR                            IX. Interest Rate Benchmarks, Discount Rates,
                                               performed in reaching the preliminary                   351.221(b)(4)(i), we assigned a subsidy                       Inputs, Electricity, and Land
                                               results within five days of the date of                 rate for each producer/exporter subject
                                                                                                                                                                     Benchmarks
                                               publication of these preliminary                                                                                X. Use of Facts Otherwise Available and
                                                                                                       to this administrative review. Upon                           Application of Adverse Inferences
                                               results.11 Interested parties may submit                issuance of the final results, Commerce
                                               written comments (case briefs) at a date                                                                        XI. Analysis of Programs
                                                                                                       shall determine, and U.S. Customs and                   XII. Verification
                                               to be determined by Commerce and                        Border Protection (CBP) shall assess,                   XIII. Disclosure and Public Comment
                                               rebuttal comments (rebuttal briefs)                     countervailing duties on all appropriate                XIV. Conclusion
                                               within five days after the time limit for               entries covered by this review. We
                                               filing case briefs.12 Rebuttal briefs must                                                                      Appendix II—Non-Selected Companies
                                                                                                       intend to issue instructions to CBP 15                  Under Review
                                               be limited to issues raised in the case                 days after publication of the final results
                                               briefs.13 Commerce will notify                          of review. For companies for which this                 1. Baoding Jiasheng Photovoltaic Technology
                                               interested parties when it has                          review is rescinded, Commerce will                          Co., Ltd.
                                               determined a deadline for case briefs.                  instruct CBP to assess countervailing                   2. Baoding Tianwei Yingli New Energy
                                               Parties who submit case or rebuttal                                                                                 Resources Co., Ltd.
                                                                                                       duties on all appropriate entries at a rate             3. Beijing Tianneng Yingli New Energy
                                               briefs are requested to submit with the                 equal to the cash deposit of estimated
                                               argument: (1) A statement of the issue;                                                                             Resources Co., Ltd.
                                                                                                       countervailing duties required at the                   4. Canadian Solar International, Ltd.
                                               (2) a brief summary of the argument;                    time of entry, or withdrawal from                       5. Chint Solar (Zhejiang) Co., Ltd.
                                               and (3) a table of authorities.14                       warehouse, for consumption, during the                  6. Dongguan Sunworth Solar Energy Co., Ltd.
                                                                                                       period January 1, 2015, through                         7. ERA Solar Co., Ltd.
                                                 10 See Appendix II of this notice for a list of all
                                                                                                       December 31, 2015, in accordance with                   8. ET Solar Energy Limited
                                               companies that remain under review but were not
                                               selected for individual examination, and to whom        19 CFR 351.212(c)(1)(i). Commerce                       9. ET Solar Industry Limited
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                                               we have preliminarily assigned the non-selected         intends to issue appropriate assessment                 10. Hainan Yingli New Energy Resources Co.,
                                               company rate.                                                                                                       Ltd.
                                                 11 See 19 CFR 351.224(b).
                                                                                                       instructions directly to CBP 15 days                    11. Hangzhou Sunny Energy Science and
                                                 12 See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
                                                                                                       after publication of this notice.                           Technology Co., Ltd.
                                               Interested parties will be notified through ACCESS                                                              12. Hangzhou Zhejiang University Sunny
                                               regarding the deadline for submitting case briefs.        15 See 19 CFR 351.310(c).                                 Energy Science and Technology Co., Ltd.
                                                 13 See 19 CFR 351.309(d)(2).                            16 See 19 CFR 351.310.                                13. Hengdian Group DMEGC Magnetics Co.,
                                                 14 See 19 CFR 351.309(c)(2) and (d)(2).                 17 See 19 CFR 351.310(c).                                 Ltd.



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                                                                           Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Notices                                                       1237

                                               14. Hengshui Yingli New Energy Resources                SUPPLEMENTARY INFORMATION:                             specific.4 For a full description of the
                                                    Co., Ltd.                                                                                                 methodology underlying our
                                               15. Shanghai JA Solar Technology Co., Ltd.              Background
                                                                                                                                                              conclusions, see the accompanying
                                               16. JA Solar Technology Yangzhou Co., Ltd.
                                                                                                          On February 13, 2017, Commerce                      Preliminary Decision Memorandum.
                                               17. Jiangsu High Hope Int’l Group
                                               18. Jiawei Solarchina Co., Ltd.                         published a notice of initiation of an                 Preliminary Results of Review
                                               19. Jiawei Solarchina (Shenzhen) Co., Ltd.              administrative review of the
                                               20. JingAo Solar Co., Ltd.                              countervailing duty order on pipe and                    Commerce determines that the
                                               21. Jinko Solar Co., Ltd.                               tube from Turkey.1 On August 22, 2017,                 following preliminary net subsidy rates
                                               22. Jinko Solar Import and Export Co., Ltd.             Commerce extended the deadline for the                 exist for the period March 20, 2015,
                                               23. Jinko Solar International Limited                   preliminary results to January 2, 2018.2               through December 31, 2015:
                                               24. Jinko Solar (U.S.) Inc.                             For a complete description of the events
                                               25. Lightway Green New Energy Co., Ltd.                                                                                                          Net subsidy rate
                                                                                                                                                                       Company
                                               26. Lixian Yingli New Energy Resources Co.,
                                                                                                       that followed the initiation of this                                                        (percent)
                                                    Ltd.                                               review, see the Preliminary Decision
                                                                                                                                                              Borusan Istikbal Ticaret and   0.78 ad valorem.
                                               27. Luoyang Suntech Power Co., Ltd.                     Memorandum.3 A list of topics                            Borusan Mannesmann
                                               28. Ningbo Qixin Solar Electrical Appliance             discussed in the Preliminary Decision                    Boru Sanayi ve Ticaret
                                                    Co., Ltd.                                          Memorandum is included as an                             A.S.5
                                               29. Risen Energy Co., Ltd.                              Appendix to this notice. The
                                               30. Shanghai JA Solar Technology Co., Ltd.              Preliminary Decision Memorandum is a                   Assessment Rates
                                               31. Shenzhen Glory Industries Co., Ltd.                 public document and is on file                            In accordance with 19 CFR
                                               32. Shenzhen Topray Solar Co., Ltd.                     electronically via Enforcement and
                                               33. Sumec Hardware & Tools Co. Ltd.                                                                            351.221(b)(4)(i), we assigned a subsidy
                                               34. Systemes Versilis, Inc.
                                                                                                       Compliance’s Antidumping and                           rate for each producer/exporter subject
                                               35. Taizhou BD Trade Co., Ltd.                          Countervailing Duty Centralized                        to this administrative review. Upon
                                               36. tenKsolar (Shanghai) Co., Ltd.                      Electronic Service System (ACCESS).                    issuance of the final results, Commerce
                                               37. Tianjin Yingli New Energy Resources Co.,            ACCESS is available to registered users                shall determine, and U.S. Customs and
                                                    Ltd.                                               at http://access.trade.gov, and is                     Border Protection (CBP) shall assess,
                                               38. Toenergy Technology Hangzhou Co., Ltd.              available to all parties in the Central                countervailing duties on all appropriate
                                               39. Wuxi Suntech Power Co., Ltd.                        Records Unit, Room B8024 of the main                   entries covered by this review. We
                                               40. Yingli Energy (China) Co., Ltd.                     Department of Commerce building. In                    intend to issue instructions to CBP 15
                                               41. Yingli Green Energy Holding Company                 addition, a complete version of the                    days after publication of the final results
                                                    Limited
                                               42. Zhejiang Era Solar Technology Co., Ltd.
                                                                                                       Preliminary Decision Memorandum can                    of this review.
                                               43. Zhejiang Jinko Solar Co., Ltd.                      be accessed directly at http://
                                                                                                       enforcement.trade.gov/frn/. The signed                 Cash Deposit Rates
                                               44. Zhejiang Sunflower Light Energy Science
                                                    & Technology Limited Liability                     and electronic versions of the                            Pursuant to section 751(a)(2)(C) of the
                                                    Company                                            Preliminary Decision Memorandum are                    Act, Commerce also intends to instruct
                                               [FR Doc. 2018–00103 Filed 1–9–18; 8:45 am]              identical in content.                                  CBP to collect cash deposits of
                                                                                                                                                              estimated countervailing duties in the
                                               BILLING CODE 3510–DS–P                                  Scope of the Order                                     amounts indicated for the company
                                                                                                          The merchandise covered by the order                listed above with regard to shipments of
                                               DEPARTMENT OF COMMERCE                                  is welded line pipe, which is carbon                   subject merchandise entered, or
                                                                                                       and alloy steel pipe of a kind used for                withdrawn from warehouse, for
                                               International Trade Administration                      oil or gas pipelines, not more than 24                 consumption on or after the date of
                                                                                                       inches in nominal outside diameter. For                publication of the final results of this
                                               [C–489–823]                                                                                                    review. For all non-reviewed firms, we
                                                                                                       a complete description of the scope of
                                               Welded Line Pipe From the Republic of                   the order, see the Preliminary Decision                will instruct CBP to continue to collect
                                                                                                       Memorandum.                                            cash deposits of estimated
                                               Turkey: Preliminary Results of
                                                                                                                                                              countervailing duties at the most recent
                                               Countervailing Duty Administrative                      Methodology                                            company-specific or all-others rate
                                               Review; 2015
                                                                                                                                                              applicable to the company, as
                                                                                                          Commerce is conducting this review
                                               AGENCY:   Enforcement and Compliance,                                                                          appropriate. These cash deposit
                                                                                                       in accordance with section 751(a)(1)(A)
                                               International Trade Administration,                                                                            requirements, when imposed, shall
                                                                                                       of the Tariff Act of 1930, as amended
                                               Department of Commerce.                                                                                        remain in effect until further notice.
                                                                                                       (the Act). For each of the subsidy
                                               SUMMARY: The Department of Commerce                     programs found countervailable, we                     Disclosure and Public Comment
                                               (Commerce) is conducting an                             preliminarily determine that there is a
                                               administrative review of the                                                                                     Commerce will disclose to parties to
                                                                                                       subsidy, i.e., a government financial                  this proceeding the calculations
                                               countervailing duty (CVD) order on                      contribution that gives rise to a benefit
                                               welded line pipe from the Republic of                                                                          performed in reaching the preliminary
                                                                                                       to the recipient, and that the subsidy is              results within five days of the date of
                                               Turkey (Turkey) for the period of review
                                               March 20, 2015, through December 31,                      1 See Initiation of Antidumping and                    4 See sections 771(5)(B) and (D) of the Act
                                               2015. Interested parties are invited to                 Countervailing Duty Administrative Reviews, 82 FR      regarding financial contribution; section 771(5)(E)
                                               comment on these preliminary results.                   10457 (February 13, 2017).                             of the Act regarding benefit; and, section 771(5A)
                                                                                                         2 See Memorandum, ‘‘Welded Line Pipe from the        of the Act regarding specificity.
                                               DATES: Applicable January 10, 2018.
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                                                                                                       Republic of Turkey: Extension of Deadline for            5 For the Borusan Companies, we initiated on the
                                               FOR FURTHER INFORMATION CONTACT: E.                     Preliminary Results of Countervailing Duty             following: Borusan Istikbal Ticaret (Istikbal) and
                                               Whitley Herndon, AD/CVD Operations,                     Administrative Review,’’ dated August 22, 2017.        Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
                                               Office II, Enforcement and Compliance,                    3 See Memorandum, ‘‘Decision Memorandum for          (BMB). As explained in the Preliminary Decision
                                               International Trade Administration,                     the Preliminary Results of Countervailing Duty         Memorandum, we found Istikbal and BMB to be
                                                                                                       Administrative Review: Welded Line Pipe from           cross-owned under Borusan Holding, A.S. For these
                                               U.S. Department of Commerce, 1401                       Turkey; 2015,’’ dated concurrently with, and hereby    preliminary results, we find all three companies to
                                               Constitution Avenue NW, Washington,                     adopted by, this notice (Preliminary Decision          be cross-owned, though only BMB received
                                               DC 20230; telephone: 202–482–6274.                      Memorandum).                                           countervailable subsidies in this review period.



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Document Created: 2018-10-26 09:34:30
Document Modified: 2018-10-26 09:34:30
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 January 10, 2018.
ContactGene H. Calvert, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3586.
FR Citation83 FR 1235 

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