83 FR 15364 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Results
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 69 (April 10, 2018)
International Trade Administration
Federal Register Volume 83, Issue 69 (April 10, 2018)
| Page Range | 15364-15365 | |
| FR Document | 2018-07317 |
[Federal Register Volume 83, Number 69 (Tuesday, April 10, 2018)] [Notices] [Pages 15364-15365] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-07317] ----------------------------------------------------------------------- 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: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Results AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Court of International Trade (CIT or Court) sustained the final results of redetermination pursuant to remand pertaining to the administrative review of the countervailing duty order on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People's Republic of China (China) covering the period of review (POR) January 1, 2013, through December 31, 2013. The Department of Commerce (Commerce) is notifying the public that the final judgment in this case is not in harmony with the final results of the administrative review and that we are amending the final results with respect to the total ad valorem countervailable subsidy rate assigned to JA Solar Technology Yangzhou Co., Ltd. and its cross-owned affiliates (collectively, JA Solar), Changzhou Trina Solar Energy Co., Ltd. (Trina Solar), and Wuxi Suntech Power Co., Ltd. (Wuxi Suntech). DATES: Applicable April 6, 2018. FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar at (202) 482-3857, AD/ CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On July 19, 2016, Commerce published the Final Results.\1\ Two parties, SolarWorld Americas, Inc. (SolarWorld) and Trina Solar, contested Commerce's findings in the Final Results. SolarWorld is a U.S. producer of solar cells and was the petitioner in the CVD investigation of solar cells from China. Trina Solar is a Chinese producer/exporter of solar cells, which participated as a non- individually examined respondent in the underlying administrative review.\2\ Wuxi Suntech and JA Solar were not parties to this litigation. However, Wuxi Suntech also participated as a non- individually examined respondent in the underlying administrative review,\3\ and JA Solar was the only individually examined company respondent in the underlying administrative review.\4\ In the Final Results, Commerce calculated a countervailable subsidy rate of 19.20 percent for JA Solar, which was also assigned to Trina Solar and Wuxi Suntech.\5\ --------------------------------------------------------------------------- \1\ See Final Results of Countervailing Duty Administrative Review: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China, 81 FR 46904 (July 19, 2016) (Final Results), and accompanying Issues and Decision Memorandum. \2\ See Final Results, 81 FR at 46905. \3\ Id. \4\ Id. \5\ Id. --------------------------------------------------------------------------- On August 18, 2017, the CIT remanded the Final Results to Commerce.\6\ In particular, the Court instructed Commerce to further explain or reconsider its method of calculating a benchmark price to measure the adequacy of remuneration for solar glass.\7\ In accordance with the ruling, Commerce issued its Remand Redetermination, in which it further explained its benchmark determination and corrected an error in the calculation of that benchmark.\8\ As a result of the corrected error, Commerce revised the countervailable subsidy rates for JA Solar, Trina Solar, and Wuxi Suntech to 24.66 percent.\9\ On March 27, 2018, the CIT sustained Commerce's Remand Redetermination in full,\10\ thereby affirming a 24.66 percent countervailable subsidy rate for JA Solar, Trina Solar, and Wuxi Suntech. --------------------------------------------------------------------------- \6\ See Changzhou Trina Solar Energy Co. v. United States, Slip Op. 17-106, Court No. 16-00157 (CIT 2017) (Trina Solar). \7\ Id. at 3. \8\ See Commerce Memorandum, ``Changzhou Trina Solar Energy Co. v. United States, Court of International Trade Consolidated Court No. 16-00157: Final Results of Redetermination Pursuant to Remand,'' November 30, 2017 (Remand Redetermination). \9\ Id. \10\ See Changzhou Trina Solar Energy Co., Ltd. v. United States, Slip Op. 18-31, Court No. 16-00157 (CIT 2018). --------------------------------------------------------------------------- Timken Notice In its decision in Timken,\11\ as clarified by Diamond Sawblades,\12\ the Court of Appeals for the Federal Circuit held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of a court decision that is not ``in harmony'' with a Department determination and must suspend liquidation of entries pending a ``conclusive'' court decision. The CIT's March 27, 2018 final judgment sustaining the Final Redetermination constitutes a final decision of the Court that is not in harmony with Commerce's Final Results. This notice is published in fulfillment of the Timken publication requirements. Accordingly, Commerce will continue the suspension of liquidation of the subject merchandise pending a final and conclusive court decision. --------------------------------------------------------------------------- \11\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). \12\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). --------------------------------------------------------------------------- Amended Final Results Because there is now a final court decision, we are amending the Final Results with respect to the countervailable subsidy rate assigned to JA Solar, Trina Solar, and Wuxi Suntech. Based on the Remand Redetermination, as affirmed by the CIT, the revised countervailable subsidy rates for JA Solar, Trina Solar, and Wuxi Suntech for the period January 1, 2013, through December 31, 2013, are as follows: [[Page 15365]] ------------------------------------------------------------------------ Subsidy rates Producer/exporter (percent) ------------------------------------------------------------------------ JA Solar Technology Yangzhou Co., Ltd.\13\.............. 24.66 Changzhou Trina Solar Energy Co., Ltd................... 24.66 Wuxi Suntech Power Co., Ltd............................. 24.66 ------------------------------------------------------------------------ In the event that the CIT's rulings are not appealed or, if appealed, are upheld by a final and conclusive court decision, Commerce will instruct Customs and Border Protection (CBP) to assess antidumping duties on unliquidated entries of subject merchandise based on the revised countervailing duty rates listed above. --------------------------------------------------------------------------- \13\ Commerce found JA Solar Technology Yangzhou Co., Ltd. to be cross owned with the following companies: JingAo Solar Co., Ltd.; JA Solar Technology Yangzhou Co., Ltd.; Jing Hai Yang Semiconductor Material (Donghai) Co., Ltd.; Donghai JA Solar Technology Co., Ltd.; JA (Hefei) Renewable Energy Co., Ltd.; Hefei JA Solar Technology Co., Ltd.; Solar Silicon Valley Electronic Science and Technology Co., Ltd.; Hebei Ningjin Songgong Semiconductor Co., Ltd.; Shanghai JA Solar Technology Co., Ltd.; Ningjin Songgong Electronic Materials Co., Ltd.; JingLong Industry and Commerce Group Co., Ltd.; Ningjin Guiguang Electronic .Investment Co., Ltd.; Yangguang Guifeng Electronic Technology Co., Ltd.; Ninjing Jingxing Electronic Materials Co., Ltd.; Ningjin Saimei Ganglong Electronic Materials Co., Ltd.; Jingwei Electronic Material Co., Ltd.; Ningjin Changlong Electronic Materials Manufacturing Co.; Ningjin Jingfeng Electronic Materials Co., Ltd.; Ningjin County Jingyuan New Energy Investment Co., Ltd.; Xingtai Jinglong Electronic Materials Co., Ltd.; Hebei Yujing Electronic Science and Technology Co., Ltd.; Hebei Ningtong Electronic Materials Co., Ltd.; and Ningjing Sunshine New Energy Co., Ltd. See Final Results. --------------------------------------------------------------------------- Cash Deposit Requirements Since the Final Results, Commerce has established a new cash deposit rate for Trina Solar and Wuxi Suntech.\14\ Therefore, this amended final determination does not change the later-established cash deposit rates for Trina Solar and Wuxi Suntech. JA Solar does not have a superseding cash deposit rate and, therefore, Commerce will issue revised cash deposit instructions to CBP, adjusting the cash deposit rate for JA solar to 24.66 percent, effective April 6, 2018. --------------------------------------------------------------------------- \14\ See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China: Final Results of Countervailing Duty Administrative Review, and Partial Rescission of Countervailing Duty Administrative Review; 2014, 82 FR 32678, 32680 (July 17, 2017). --------------------------------------------------------------------------- Notification to Interested Parties This notice is issued and published in accordance with section 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: April 4, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018-07317 Filed 4-9-18; 8:45 am] BILLING CODE 3510-DS-P
![15364 Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Notices
Appendix II U.S. Department of Commerce, 1401 corrected error, Commerce revised the
List of Topics Discussed in the Issues and Constitution Avenue NW, Washington, countervailable subsidy rates for JA
Decision Memorandum DC 20230. Solar, Trina Solar, and Wuxi Suntech to
I. Summary SUPPLEMENTARY INFORMATION: 24.66 percent.9 On March 27, 2018, the
II. Background Background CIT sustained Commerce’s Remand
III. Scope Comments Redetermination in full,10 thereby
IV. Changes Since the Preliminary On July 19, 2016, Commerce affirming a 24.66 percent
Determination published the Final Results.1 Two countervailable subsidy rate for JA
V. Discussion of the Issues: parties, SolarWorld Americas, Inc. Solar, Trina Solar, and Wuxi Suntech.
The Total Adverse Facts Available Rate for (SolarWorld) and Trina Solar, contested
the Vietnam-Wide Entity and Selection Commerce’s findings in the Final Timken Notice
of Surrogate Country and Surrogate Results. SolarWorld is a U.S. producer
Values of solar cells and was the petitioner in In its decision in Timken,11 as
VI. Recommendation clarified by Diamond Sawblades,12 the
the CVD investigation of solar cells from
[FR Doc. 2018–07316 Filed 4–9–18; 8:45 am] China. Trina Solar is a Chinese Court of Appeals for the Federal Circuit
BILLING CODE 3510–DS–P producer/exporter of solar cells, which held that, pursuant to section 516A(e) of
participated as a non-individually the Tariff Act of 1930, as amended (the
examined respondent in the underlying Act), Commerce must publish a notice
DEPARTMENT OF COMMERCE administrative review.2 Wuxi Suntech of a court decision that is not ‘‘in
and JA Solar were not parties to this harmony’’ with a Department
International Trade Administration
litigation. However, Wuxi Suntech also determination and must suspend
[C–570–980] participated as a non-individually liquidation of entries pending a
examined respondent in the underlying ‘‘conclusive’’ court decision. The CIT’s
Crystalline Silicon Photovoltaic Cells, administrative review,3 and JA Solar
Whether or Not Assembled Into March 27, 2018 final judgment
was the only individually examined sustaining the Final Redetermination
Modules, From the People’s Republic company respondent in the underlying
of China: Notice of Court Decision Not constitutes a final decision of the Court
administrative review.4 In the Final
in Harmony With Final Results and that is not in harmony with Commerce’s
Results, Commerce calculated a
Notice of Amended Final Results Final Results. This notice is published
countervailable subsidy rate of 19.20
percent for JA Solar, which was also in fulfillment of the Timken publication
AGENCY: Enforcement and Compliance, requirements. Accordingly, Commerce
International Trade Administration, assigned to Trina Solar and Wuxi
Suntech.5 will continue the suspension of
Department of Commerce. liquidation of the subject merchandise
SUMMARY: The Court of International On August 18, 2017, the CIT
remanded the Final Results to pending a final and conclusive court
Trade (CIT or Court) sustained the final
Commerce.6 In particular, the Court decision.
results of redetermination pursuant to
remand pertaining to the administrative instructed Commerce to further explain
Amended Final Results
review of the countervailing duty order or reconsider its method of calculating
on crystalline silicon photovoltaic cells, a benchmark price to measure the Because there is now a final court
whether or not assembled into modules, adequacy of remuneration for solar decision, we are amending the Final
from the People’s Republic of China glass.7 In accordance with the ruling, Results with respect to the
(China) covering the period of review Commerce issued its Remand countervailable subsidy rate assigned to
(POR) January 1, 2013, through Redetermination, in which it further JA Solar, Trina Solar, and Wuxi
explained its benchmark determination
December 31, 2013. The Department of Suntech. Based on the Remand
and corrected an error in the calculation
Commerce (Commerce) is notifying the Redetermination, as affirmed by the CIT,
of that benchmark.8 As a result of the
public that the final judgment in this the revised countervailable subsidy
case is not in harmony with the final 1 See Final Results of Countervailing Duty rates for JA Solar, Trina Solar, and Wuxi
results of the administrative review and Administrative Review: Crystalline Silicon Suntech for the period January 1, 2013,
that we are amending the final results Photovoltaic Cells, Whether or Not Assembled into through December 31, 2013, are as
with respect to the total ad valorem Modules, from the People’s Republic of China, 81
FR 46904 (July 19, 2016) (Final Results), and follows:
countervailable subsidy rate assigned to accompanying Issues and Decision Memorandum.
JA Solar Technology Yangzhou Co., Ltd. 2 See Final Results, 81 FR at 46905.
and its cross-owned affiliates 3 Id.
(collectively, JA Solar), Changzhou 4 Id.
Trina Solar Energy Co., Ltd. (Trina 5 Id.
Solar), and Wuxi Suntech Power Co., 6 See Changzhou Trina Solar Energy Co. v. United
9 Id.
Ltd. (Wuxi Suntech). States, Slip Op. 17–106, Court No. 16–00157 (CIT
2017) (Trina Solar). 10 See Changzhou Trina Solar Energy Co., Ltd. v.
DATES: Applicable April 6, 2018. 7 Id. at 3.
United States, Slip Op. 18–31, Court No. 16–00157
FOR FURTHER INFORMATION CONTACT: 8 See Commerce Memorandum, ‘‘Changzhou (CIT 2018).
Kaitlin Wojnar at (202) 482–3857, AD/ Trina Solar Energy Co. v. United States, Court of 11 See Timken Co. v. United States, 893 F.2d 337,
International Trade Consolidated Court No. 16–
CVD Operations, Office VII, 00157: Final Results of Redetermination Pursuant to
341 (Fed. Cir. 1990) (Timken).
Enforcement and Compliance, Remand,’’ November 30, 2017 (Remand
12 See Diamond Sawblades Mfrs. Coalition v.
daltland on DSKBBV9HB2PROD with NOTICES
International Trade Administration, Redetermination). United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
VerDate Sep<11>2014 16:56 Apr 09, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\10APN1.SGM 10APN1](https://thefederalregister.org/doc/83_FR_15433/page/1.svg)
![Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Notices 15365
Subsidy rates Dated: April 4, 2018. Period of Investigation
Producer/exporter (percent) Gary Taverman, The period of investigation is October
Deputy Assistant Secretary for Antidumping 1, 2016, through March 31, 2017.
JA Solar Technology and Countervailing Duty Operations,
Yangzhou Co., Ltd.13 ........ 24.66 performing the non-exclusive functions and Scope of the Investigation
Changzhou Trina Solar En- duties of the Assistant Secretary for
ergy Co., Ltd. .................... 24.66
The products covered by this
Enforcement and Compliance.
Wuxi Suntech Power Co.,
investigation are tool chests from China.
[FR Doc. 2018–07317 Filed 4–9–18; 8:45 am]
Ltd. .................................... 24.66 For a full description of the scope of this
BILLING CODE 3510–DS–P
investigation, see the ‘‘Scope of the
Investigation’’ in Appendix I of this
In the eventthat the CIT’s rulings are notice.
not appealed or, if appealed, are upheld DEPARTMENT OF COMMERCE
by a final and conclusive court decision, Analysis of Comments Received
International Trade Administration
Commerce will instruct Customs and All issues raised in the case and
Border Protection (CBP) to assess [A–570–056] rebuttal briefs that were submitted by
antidumping duties on unliquidated parties in this investigation are
entries of subject merchandise based on Certain Tool Chests and Cabinets addressed in the Issues and Decision
the revised countervailing duty rates From the People’s Republic of China: Memorandum. A list of issues raised is
Final Affirmative Determination of attached to this notice at Appendix II.
listed above.
Sales at Less Than Fair Value The Issues and Decision Memorandum
Cash Deposit Requirements is a public document and is made
AGENCY: Enforcement and Compliance,
Since the Final Results, Commerce International Trade Administration, available to the public via Enforcement
Department of Commerce. and Compliance’s Antidumping and
has established a new cash deposit rate
SUMMARY: The Department of Commerce Countervailing Duty Centralized
for Trina Solar and Wuxi Suntech.14
(Commerce) determines that imports of Electronic Service System (ACCESS).
Therefore, this amended final
certain tool chests and cabinets (tool ACCESS is available to registered users
determination does not change the later- chests) from the People’s Republic of at http://access.trade.gov and to all
established cash deposit rates for Trina China (China) are being, or are likely to parties in Commerce’s Central Records
Solar and Wuxi Suntech. JA Solar does be, sold in the United States at less than Unit, room B8024 of the main
not have a superseding cash deposit rate fair value (LTFV). The final dumping Department of Commerce building. In
and, therefore, Commerce will issue margins of sales at LTFV are listed in addition, a complete version of the
revised cash deposit instructions to the ‘‘Final Determination’’ section of Issues and Decision Memorandum can
CBP, adjusting the cash deposit rate for this notice. be accessed directly on the internet at
JA solar to 24.66 percent, effective April DATES: Applicable April 10, 2018. http://enforcement.trade.gov/frn/.
6, 2018. FOR FURTHER INFORMATION CONTACT: Verification
Notification to Interested Parties Yang Jin Chun or Andre Gziryan, AD/
CVD Operations, Office I, Enforcement As provided in section 782(i) of the
This notice is issued and published in and Compliance, International Trade Tariff Act of 1930, as amended (the Act),
accordance with section 516A(e)(1), Administration, U.S. Department of we verified the U.S. sales and factors of
Commerce, 1401 Constitution Avenue production information submitted by
751(a)(1), and 777(i)(1) of the Act.
NW, Washington, DC 20230; telephone: the Tongrun Single Entity 3 in December
13 Commerce found JA Solar Technology (202) 482–5760 and (202) 482–2201, 2017 and January 2018.4 We used
Yangzhou Co., Ltd. to be cross owned with the respectively. standard verification procedures,
following companies: JingAo Solar Co., Ltd.; JA including an examination of relevant
SUPPLEMENTARY INFORMATION: accounting and production records, and
Solar Technology Yangzhou Co., Ltd.; Jing Hai Yang
Semiconductor Material (Donghai) Co., Ltd.; Background original source documents provided by
Donghai JA Solar Technology Co., Ltd.; JA (Hefei)
Renewable Energy Co., Ltd.; Hefei JA Solar Commerce published the Preliminary the Tongrun Single Entity. Because
Technology Co., Ltd.; Solar Silicon Valley Determination in the LTFV investigation Geelong Sales (Macao Commercial
Electronic Science and Technology Co., Ltd.; Hebei of tool chests from China on November Offshore) Limited (Geelong), the other
16, 2017.1 For a complete description of mandatory respondent in this
Ningjin Songgong Semiconductor Co., Ltd.;
Shanghai JA Solar Technology Co., Ltd.; Ningjin
Songgong Electronic Materials Co., Ltd.; JingLong the events that followed the Preliminary investigation, informed Commerce that
Industry and Commerce Group Co., Ltd.; Ningjin Determination, see the Issues and it would not participate in the
Guiguang Electronic .Investment Co., Ltd.; Decision Memorandum dated
Yangguang Guifeng Electronic Technology Co., Ltd.; 3 The Tongrun Single Entity is comprised of
Ninjing Jingxing Electronic Materials Co., Ltd.;
concurrently with, and hereby adopted Jiangsu Tongrun Equipment Technology Co., Ltd.,
Ningjin Saimei Ganglong Electronic Materials Co., by, this notice.2
Changshu Taron Machinery Equipment
Ltd.; Jingwei Electronic Material Co., Ltd.; Ningjin Manufacturing Co., Ltd., Changshu Tongrun
Changlong Electronic Materials Manufacturing Co.; 1 See Certain Tool Chests and Cabinets from the Mechanical & Electrical Equipment Manufacture
Ningjin Jingfeng Electronic Materials Co., Ltd.; People’s Republic of China: Preliminary Affirmative Co., Ltd., and Shanghai Tongrun Import and Export
Ningjin County Jingyuan New Energy Investment Determination of Sales at Less Than Fair Value, Co., Ltd. See Preliminary Results, 82 FR at 53457,
Co., Ltd.; Xingtai Jinglong Electronic Materials Co., Postponement of Final Determination, and n.10, and accompanying Preliminary Decision
Ltd.; Hebei Yujing Electronic Science and Extension of Provisional Measures, 82 FR 53456 Memorandum at 5–7.
Technology Co., Ltd.; Hebei Ningtong Electronic (November 16, 2017) (Preliminary Determination) 4 See the Reports, ‘‘Less-Than-Fair-Value
daltland on DSKBBV9HB2PROD with NOTICES
Materials Co., Ltd.; and Ningjing Sunshine New and accompanying Preliminary Decision Investigation of Certain Tool Chests and Cabinets
Energy Co., Ltd. See Final Results. Memorandum. from the People’s Republic of China: Verification of
14 See Crystalline Silicon Photovoltaic Cells, 2 See the Memorandum, ‘‘Certain Tool Chests and the Export Price Sales and Factors of Production
Whether or Not Assembled into Modules, from the Cabinets from the People’s Republic of China: Response of the Tongrun Single Entity,’’ and ‘‘Less-
People’s Republic of China: Final Results of Issues and Decision Memorandum for the Final Than-Fair-Value Investigation of Certain Tool
Countervailing Duty Administrative Review, and Affirmative Determination of Sales at Less Than Chests and Cabinets from the People’s Republic of
Partial Rescission of Countervailing Duty Fair Value,’’ dated concurrently with and hereby China: Verification of the Constructed Export Price
Administrative Review; 2014, 82 FR 32678, 32680 adopted by this notice (Issues and Decision Sales Response of the Tongrun Single Entity,’’ dated
(July 17, 2017). Memorandum). January 18, 2018.
VerDate Sep<11>2014 16:56 Apr 09, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\10APN1.SGM 10APN1](https://thefederalregister.org/doc/83_FR_15433/page/2.svg)
Document Created: 2018-04-09 23:52:09
Document Modified: 2018-04-09 23:52:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable April 6, 2018. | |
| Contact | Kaitlin Wojnar at (202) 482-3857, AD/ CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. | |
| FR Citation | 83 FR 15364 |
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