83 FR 35616 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 145 (July 27, 2018)
International Trade Administration
Federal Register Volume 83, Issue 145 (July 27, 2018)
| Page Range | 35616-35619 | |
| FR Document | 2018-16072 |
[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)] [Notices] [Pages 35616-35619] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16072] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-979] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) continues to find that manufacturers/exporters of crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells) sold solar products at less than normal value during the period of review (POR), December 1, 2015, through November 30, 2016. DATES: Applicable July 27, 2018. FOR FURTHER INFORMATION CONTACT: Jeff Pedersen and Krisha Hill, AD/CVD [[Page 35617]] Operations, Office IV, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2769 and (202) 482-4037. SUPPLEMENTARY INFORMATION: Background On January 9, 2018, Commerce published in the Federal Register the preliminary results of the 2015-2016 administrative review of the antidumping duty order on solar cells from the People's Republic of China (China).\1\ For events subsequent to the Preliminary Results, see Commerce's Issues and Decision Memorandum.\2\ The final weighted- average dumping margins are listed below in the ``Final Results of Review'' section of this notice. --------------------------------------------------------------------------- \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015-2016, 83 FR 1018 (January 9, 2018) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). \2\ See Memorandum, ``Issues and Decision Memorandum for the Final Results of the 2015-2016 Antidumping Duty Administrative Review of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, From the People's Republic of China,'' (Issues and Decision Memorandum), dated concurrently with this notice. --------------------------------------------------------------------------- Commerce has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from January 20 through 22, 2018.\3\ On May 8, 2018, in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce extended the deadline for issuing the final results by 60 days,\4\ postponing the final results until July 11, 2018. --------------------------------------------------------------------------- \3\ See Memorandum, ``Deadlines Affected by the Shutdown of the Federal Government,'' dated January 23, 2018 (Tolling Memorandum). All deadlines in this segment of the proceeding have been extended by three days. \4\ See Memorandum, ``2015-2016 Antidumping Duty Administrative Review of Certain Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China: Extension of Deadline for Final Results of Antidumping Duty Administrative Review,'' dated May 8, 2018. --------------------------------------------------------------------------- Scope of the Order The merchandise covered by this order is crystalline silicon photovoltaic cells and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials.\5\ Merchandise covered by this order is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000. Although these HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. --------------------------------------------------------------------------- \5\ For a complete description of the scope of the order, see Issues and Decision Memorandum. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs filed by parties in this review are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, follows as an appendix 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 to all parties 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 accessed directly on the internet at http://enforcement.trade.gov/frn/. The paper copy and electronic version of the Issues and Decision Memorandum are identical in content. Affiliation and Single Entity Determination We preliminarily found that Changzhou Trina Solar Energy Co., Ltd./ Trina Solar (Changzhou) Science and Technology Co., Ltd./Yancheng Trina Solar Energy Technology Co., Ltd./Changzhou Trina Solar Yabang Energy Co., Ltd./Turpan Trina Solar Energy Co., Ltd./Hubei Trina Solar Energy Co., Ltd. are affiliated with Trina Solar (Hefei) Science and Technology Co., Ltd., pursuant to section 771(33)(F) of the Act and that all of these companies should be treated as a single entity, i.e., Trina Solar (Hefei) Science and Technology Co., Ltd. (Trina), pursuant to 19 CFR 351.401(f)(1)-(2).\6\ No interested party has disputed this treatment, and so these findings remain unchanged for these final results. --------------------------------------------------------------------------- \6\ See Preliminary Results and accompanying PDM at 6. --------------------------------------------------------------------------- Changes Since the Preliminary Results \7\ --------------------------------------------------------------------------- \7\ See Issues and Decision Memorandum at comments 2 and 10. --------------------------------------------------------------------------- Based on a review of the record and comments received from interested parties regarding our Preliminary Results, and for the reasons explained in the Issues and Decision Memorandum, we made revisions to our preliminary calculations of the weighted-average dumping margin for the mandatory respondent Trina. Final Determination of No Shipments In the Preliminary Results, we found that the following eight companies had no shipments during the POR: De-Tech Trading Limited HK, Dongguan Sunworth Solar Energy Co., Ltd., Jiawei Solarchina Co., Ltd., Ningbo ETDZ Holdings, Ltd., Shenzhen Sungold Solar Co., Ltd., Taizhou BD Trade Co., Ltd., Toenergy Technology Hangzhou Co., Ltd., and Wuxi Tianran Photovoltaic Co., Ltd.\8\ We did not receive comments from interested parties regarding our preliminary finding on no shipments. Consistent with Commerce's assessment practice in non-market economy cases, we completed the review with respect to the above-named companies. Based on the certifications submitted by the aforementioned companies, and our analysis of Customs and Border Protection (CBP) information,\9\ we continue to determine that these companies did not have any reviewable transactions during the POR. As noted in the ``Assessment'' section below, Commerce will issue appropriate instructions with respect to these companies to CBP based on our Final Results.\10\ In addition, these companies will maintain their rate from the most recent segment in which they participated. --------------------------------------------------------------------------- \8\ See Preliminary Results, 83 FR 1018. \9\ See PDM at 4-5. \10\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment of Antidumping Duties); see also the ``Assessment'' section of this notice, below. --------------------------------------------------------------------------- Separate Rates In the Preliminary Results, we found that evidence provided by Trina and 21 other companies/company groups supported finding an absence of both de jure and de facto government control, and, therefore, we preliminarily granted a separate rate to each of these companies/company groups.\11\ We received no information since the issuance of the Preliminary Results that provides a basis for reconsidering these determinations with respect to the separate rate status of these 22 companies/company groups. Therefore, for the final results, we continue to find that these entities are eligible for separate rates. --------------------------------------------------------------------------- \11\ See Preliminary Results, 83 FR 1018; see also PDM at 11-12. --------------------------------------------------------------------------- [[Page 35618]] Final Results of Review We determine that the following weighted-average dumping margins exist for the POR: ------------------------------------------------------------------------ Weighted- average Exporter dumping margin (percent) ------------------------------------------------------------------------ Changzhou Trina Solar Energy Co., Ltd./Trina Solar 15.85 (Changzhou) Science and Technology Co., Ltd./Yancheng Trina Solar Energy Technology Co., Ltd./Changzhou Trina Solar Yabang Energy Co., Ltd./Turpan Trina Solar Energy Co., Ltd./Hubei Trina Solar Energy Co., Ltd./Trina Solar (Hefei) Science and Technology Co., Ltd.......... Anji DaSol Solar Energy Science & Technology Co., Ltd... 15.85 Chint Solar (Zhejiang) Co., Ltd......................... 15.85 ET Solar Energy Limited................................. 15.85 Hangzhou Sunny Energy Science and Technology Co., Ltd... 15.85 Hengdian Group DMEGC Magnetics Co. Ltd.................. 15.85 JA Solar Technology Yangzhou Co., Ltd................... 15.85 Jiawei Solarchina (Shenzhen) Co., Ltd................... 15.85 JingAo Solar Co., Ltd................................... 15.85 LERRI Solar Technology Co., Ltd. (aka LONGi Solar 15.85 Technology Co. Ltd.)................................... Lightway Green New Energy Co., Ltd...................... 15.85 Ningbo Qixin Solar Electrical Appliance Co., Ltd........ 15.85 Risen Energy Co., Ltd................................... 15.85 Shanghai JA Solar Technology Co., Ltd................... 15.85 Shenzhen Topray Solar Co., Ltd.......................... 15.85 Sumec Hardware & Tools Co., Ltd......................... 15.85 Sunpreme Jiaxing Ltd.................................... 15.85 tenKsolar (Shanghai) Co., Ltd........................... 15.85 Wuxi Suntech Power Co., Ltd/Luoyang Suntech Power Co., 15.85 Ltd.................................................... Yingli Energy (China) Company Limited/Baoding Tianwei 15.85 Yingli New Energy Resources Co., Ltd./Tianjin Yingli New Energy Resources Co., Ltd./Hengshui Yingli New Energy Resources Co., Ltd./Lixian Yingli New Energy Resources Co., Ltd./Baoding Jiasheng Photovoltaic Technology Co., Ltd./Beijing Tianneng Yingli New Energy Resources Co., Ltd./Hainan Yingli New Energy Resources Co., Ltd............................................... Zhejiang ERA Solar Technology Co., Ltd.................. 15.85 Zhejiang Sunflower Light Energy Science & Technology 15.85 Limited Liability Company.............................. ------------------------------------------------------------------------ Commerce's change in policy regarding conditional review of the China-wide entity applies to this administrative review.\12\ Under this policy, the China-wide entity will not be under review unless a party specifically requests, or Commerce self-initiates, a review of the entity. Because no party requested a review of the China-wide entity, we did not conduct a review of the China-wide entity. Thus, the weighted-average dumping margin for the China-wide entity (i.e., 238.95 percent) is not subject to change as a result of this review.\13\ --------------------------------------------------------------------------- \12\ See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November 4, 2013). \13\ See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2014-2015, 82 FR 29033 (June 27, 2017). --------------------------------------------------------------------------- Assessment Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review. Commerce intends to issue assessment instructions to CBP 15 days after the publication date of these Final Results of review. In accordance with 19 CFR 351.212(b)(1), we are calculating importer- (or customer-)specific assessment rates for the merchandise subject to this review. For any individually examined respondent whose weighted-average dumping margin is above de minimis (i.e., 0.50 percent), Commerce will calculate importer- (or customer-)specific assessment rates for merchandise subject to this review. Where the respondent reported reliable entered values, Commerce calculated importer- (or customer-)specific ad valorem rates by aggregating the dumping margins calculated for all U.S. sales to the importer (or customer) and dividing this amount by the total entered value of the sales to the importer (or customer).\14\ Where Commerce calculated an importer- (or customer-)specific weighted- average dumping margin by dividing the total amount of dumping for reviewed sales to the importer (or customer) by the total sales quantity associated with those transactions, Commerce will direct CBP to assess importer- (or customer-)specific assessment rates based on the resulting per-unit rates.\15\ Where an importer- (or customer- )specific ad valorem or per-unit rate is greater than de minimis, Commerce will instruct CBP to collect the appropriate duties at the time of liquidation. Where either the respondent's weighted average dumping margin is zero or de minimis, or an importer- (or customer- )specific ad valorem or per-unit rate is zero or de minimis, Commerce will instruct CBP to liquidate appropriate entries without regard to antidumping duties.\16\ --------------------------------------------------------------------------- \14\ See 19 CFR 351.212(b)(1). \15\ Id. \16\ See Antidumping Proceedings: Calculation of the Weighted- Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 2012). --------------------------------------------------------------------------- For merchandise whose sale/entry was not reported in the U.S. sales database submitted by an exporter individually examined during this review, but that entered under the case number of that exporter (i.e., at the individually-examined exporter's cash deposit rate), Commerce will instruct CBP to liquidate such entries at the [[Page 35619]] China-wide rate. Additionally, if Commerce determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number will be liquidated at the China-wide rate.\17\ --------------------------------------------------------------------------- \17\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full discussion of this practice. --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the Final Results of this administrative review for shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice in the Federal Register, as provided by section 751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash deposit rate will be the rate listed for each exporter in the table in the ``Final Results of Review'' section of this notice, except if the rate is zero or de minimis (i.e., less than 0.5 percent), then the cash deposit rate will be zero; (2) for previously investigated Chinese and non-Chinese exporters that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate previously established for the PRC-wide entity (i.e., 238.95 percent); and (4) for all non-China exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied the non-Chinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Disclosure We intend to disclose the calculations performed for these Final Results within five days of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Notification to Importers Regarding the Reimbursement of Duties This notice also serves as a reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This determination is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: July 11, 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. Appendix--Issues and Decision Memorandum Summary Background Scope of the Order Discussion of the Issues Comment 1. Whether Commerce Should Apply Partial Adverse Facts Available to Trina's Unreported Factors of Production for Purchased Solar Cells Comment 2. Ministerial Error Allegations Comment 3. Whether Commerce Should Adjust the U.S. Price for ``USDUTYU'' Expenses Comment 4. Whether Commerce Should Include Trina's Sale to a Salvage Company in the Margin Calculation Comment 5. Whether Commerce Should Adjust U.S. Price for the Export Buyer's Credits Program Comment 6. Zero-Quantity Import Data Comment 7. Surrogate Value for Aluminum Frames Comment 8. Surrogate Value for International Freight Comment 9. Surrogate Value for Nitrogen Comment 10. Selection of Surrogate Financial Statements Comment 11. Surrogate Value for Labor Comment 12. Separate Rate Status for LONGi Solar Technology Co. Ltd. Comment 13. Differential Pricing Recommendation [FR Doc. 2018-16072 Filed 7-26-18; 8:45 am] BILLING CODE 3510-DS-P
![35616 Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Notices
(17) Liaoning Zhongwang Group Co., review had no shipments of subject with 19 CFR 351.305(a)(3), which
Ltd.; (18) Liaoyang Zhongwang merchandise, any suspended entries continues to govern business
Aluminum Profile Co. Ltd.; (19) Midea that entered under the exporter’s case proprietary information in this segment
International Training Co., Ltd.; (20) number (i.e., at that exporter’s rate) will of the proceeding. Timely written
Midea International Trading Co., Ltd.; be liquidated at the China-wide rate.16 notification of the return or destruction
(21) Shenyang Yuanda Aluminum of APO materials or conversion to
Industry Engineering Co. Ltd.; (22) Cash Deposit Requirements
judicial protective order is hereby
Sincere Profit Limited; (23) Summit The following cash deposit requested. Failure to comply with the
Heat Sinks Metal Co, Ltd; (24) USA requirements will be effective upon regulations and the terms of an APO is
Worldwide Door Components (PINGHU) publication of the final results of this a sanctionable violation.
Co., Ltd.; (25) Whirlpool Canada L.P.; administrative review for all shipments
and (26) Whirlpool Microwave Products of the subject merchandise from China Notification to Interested Parties
Development Ltd.13 entered, or withdrawn from warehouse, We are issuing and publishing notice
Commerce’s policy regarding for consumption on or after the of these final results in accordance with
conditional review of the China-wide publication date, as provided for by sections 751(a)(1) and 777(i)(1) of the
entity applies to this administrative section 751(a)(2)(C) of the Act: (1) For Act and sections 351.213(h) and
review.14 Under this policy, the China- previously investigated or reviewed 351.221(b)(5) of Commerce’s
wide entity will not be under review Chinese and non-Chinese exporters not regulations.
unless a party specifically requests, or listed above that received a separate rate Dated: July 23, 2018.
Commerce self-initiates, a review of the in a prior segment of this proceeding, Gary Taverman,
entity. Because no party requested a the cash deposit rate will continue to be Deputy Assistant Secretary for Antidumping
review of the China-wide entity in the the exporter-specific rate published for and Countervailing Duty Operations,
instant review, the entity is not under the most-recently completed segment of performing the non-exclusive functions and
review, and the entity’s current rate, i.e., this proceeding in which the exporter duties of the Assistant Secretary for
86.01 percent,15 is not subject to change. was reviewed; (2) for all Chinese Enforcement and Compliance.
Adjustments for Countervailable exporters of subject merchandise which
Appendix I
Subsidies have not been found to be entitled to a
separate rate, the cash deposit rate will List of Topics Discussed in the Issues and
Because no company established be that established for the China-wide Decision Memorandum
eligibility for an adjustment under entity, which is 86.01 percent; and (3) 1. Summary
section 777A(f) of the Act for for all non-Chinese exporters of subject 2. Background
countervailable domestic subsidies, for merchandise which have not received 3. Scope of the Order
these final results, Commerce did not 4. Discussion of the Issues
their own rate, the cash deposit rate will
make an adjustment pursuant to section Comment 1: Adjustment of Liquidation
be the rate applicable to the Chinese
777A(f) of the Act for countervailable Instructions
exporter that supplied that non-Chinese Comment 2: Xin Wei/Regal Separate Rate
domestic subsidies for separate-rate
exporter with the subject merchandise. 5. Recommendation
recipients. Furthermore, because the
These deposit requirements, when
China-wide entity is not under review, [FR Doc. 2018–16071 Filed 7–26–18; 8:45 am]
imposed, shall remain in effect until
we made no adjustment for BILLING CODE 3510–DS–P
further notice.
countervailable export subsidies for the
China-wide entity pursuant to section Notification to Importers
772(c)(1)(C) of the Act. DEPARTMENT OF COMMERCE
This notice serves as a final reminder
Assessment to importers of their responsibility International Trade Administration
Pursuant to section 751(a)(2)(A) of the under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement [A–570–979]
Act and 19 CFR 351.212(b), Commerce
will determine, and U.S. Customs and of antidumping duties and/or
Crystalline Silicon Photovoltaic Cells,
Border Protection (CBP) shall assess, countervailing duties prior to
Whether or Not Assembled Into
antidumping duties on all appropriate liquidation of the relevant entries
Modules, From the People’s Republic
entries of subject merchandise in during this POR. Failure to comply with
of China: Final Results of Antidumping
accordance with the final results of this this requirement could result in
Duty Administrative Review and Final
review. Commerce intends to issue Commerce’s presumption that
Determination of No Shipments; 2015–
assessment instructions to CBP 15 days reimbursement of antidumping duties
2016
after the date of publication of the final and/or countervailing duties occurred
results of review in the Federal and the subsequent assessment of AGENCY: Enforcement and Compliance,
Register. Consistent with Commerce’s doubled antidumping duties. International Trade Administration,
assessment practice in non-market Department of Commerce.
Notification to Interested Parties
economy (NME) cases, if Commerce Regarding Administrative Protective SUMMARY: The Department of Commerce
determines that an exporter under Order (Commerce) continues to find that
manufacturers/exporters of crystalline
13 See Preliminary Results, 83 FR at 5606. This notice also serves as the only silicon photovoltaic cells, whether or
14 See Antidumping Proceedings: Announcement reminder to parties subject to not assembled into modules (solar cells)
amozie on DSK3GDR082PROD with NOTICES1
of Change in Department Practice for Respondent administrative protective order (APO) of sold solar products at less than normal
Selection in Antidumping Duty Proceedings and their responsibility concerning the
Conditional Review of the Nonmarket Economy value during the period of review (POR),
Entity in NME Antidumping Duty Proceedings, 78
disposition of proprietary information December 1, 2015, through November
FR 65963, 65970 (November 4, 2013). disclosed under APO in accordance 30, 2016.
15 See Aluminum Extrusions from the People’s
DATES: Applicable July 27, 2018.
Republic of China: Final Results of Antidumping 16 See Non-Market Economy Antidumping
Duty Administrative Review; 2015–2016, 82 FR Proceedings: Assessment of Antidumping Duties, 76 FOR FURTHER INFORMATION CONTACT: Jeff
52265, 52267 (November 13, 2017). FR 65694 (October 24, 2011). Pedersen and Krisha Hill, AD/CVD
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![Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Notices 35619
China-wide rate. Additionally, if occurred and the subsequent assessment DEPARTMENT OF COMMERCE
Commerce determines that an exporter of double antidumping duties.
under review had no shipments of the International Trade Administration
subject merchandise, any suspended Notification Regarding Administrative
entries that entered under that Protective Orders [A–533–869]
exporter’s case number will be This notice also serves as a reminder Certain New Pneumatic Off-the-Road
liquidated at the China-wide rate.17 to parties subject to administrative Tires From India: Notice of Rescission
Cash Deposit Requirements protective order (APO) of their of Antidumping Duty Administrative
responsibility concerning the return or Review; 2017–2018
The following cash deposit
requirements will be effective upon destruction of proprietary information
disclosed under APO in accordance AGENCY: Enforcement and Compliance,
publication of the Final Results of this International Trade Administration,
administrative review for shipments of with 19 CFR 351.305, which continues
to govern business proprietary Department of Commerce.
the subject merchandise from China SUMMARY: The Department of Commerce
entered, or withdrawn from warehouse, information in this segment of the (Commerce) is rescinding the
for consumption on or after the proceeding. Timely written notification
of the return or destruction of APO administrative review of the
publication date of this notice in the antidumping duty (AD) order on certain
Federal Register, as provided by section materials, or conversion to judicial new pneumatic off-the-road tires (OTR
751(a)(2)(C) of the Act: (1) For the protective order, is hereby requested.
Failure to comply with the regulations Tires) from India for the period of
exporters listed above, the cash deposit
and terms of an APO is a violation review (POR) February 2, 2017, through
rate will be the rate listed for each
which is subject to sanction. February 28, 2018.
exporter in the table in the ‘‘Final
Results of Review’’ section of this This determination is issued and DATES: Applicable July 27, 2018.
notice, except if the rate is zero or de published in accordance with sections FOR FURTHER INFORMATION CONTACT:
minimis (i.e., less than 0.5 percent), then 751(a)(1) and 777(i)(1) of the Act and 19 Trisha Tran, AD/CVD Operations, Office
the cash deposit rate will be zero; (2) for CFR 351.221(b)(5). IV, Enforcement and Compliance,
previously investigated Chinese and International Trade Administration,
Dated: July 11, 2018.
non-Chinese exporters that received a U.S. Department of Commerce, 1401
Gary Taverman, Constitution Avenue NW, Washington,
separate rate in a prior segment of this
proceeding, the cash deposit rate will Deputy Assistant Secretary for Antidumping DC 20230; telephone: (202) 482–4852.
continue to be the existing exporter- and Countervailing Duty Operations,
SUPPLEMENTARY INFORMATION:
performing the non-exclusive functions and
specific rate; (3) for all Chinese
duties of the Assistant Secretary for Background
exporters of subject merchandise that Enforcement and Compliance.
have not been found to be entitled to a On March 5, 2018, Commerce
separate rate, the cash deposit rate will Appendix—Issues and Decision published in the Federal Register a
be the rate previously established for the Memorandum notice of opportunity to request an
PRC-wide entity (i.e., 238.95 percent); administrative review of the AD order
Summary
and (4) for all non-China exporters of on OTR Tires from India for the period
Background
subject merchandise which have not Scope of the Order February 2, 2017, through February 28,
received their own rate, the cash deposit Discussion of the Issues 2018.1 On March 30, 2018, ATC Tires
rate will be the rate applicable to the Comment 1. Whether Commerce Should Private Limited (ATC) and Alliance
Chinese exporter that supplied the non- Apply Partial Adverse Facts Available to Tires Americas, Inc. (ATA) (collectively
Chinese exporter. These deposit Trina’s Unreported Factors of Production ATC) timely requested that Commerce
requirements, when imposed, shall for Purchased Solar Cells conduct an administrative review of this
remain in effect until further notice. Comment 2. Ministerial Error Allegations AD order with respect to ATC.2 No
Disclosure Comment 3. Whether Commerce Should other party requested a review of the
Adjust the U.S. Price for ‘‘USDUTYU’’ order. On May 2, 2018, Commerce
We intend to disclose the calculations Expenses initiated an administrative review with
performed for these Final Results within Comment 4. Whether Commerce Should respect to ATC, in accordance with
five days of publication of this notice in Include Trina’s Sale to a Salvage section 751(a) of the Tariff Act of 1930,
the Federal Register in accordance with Company in the Margin Calculation as amended (the Act) and 19 CFR
19 CFR 351.224(b). Comment 5. Whether Commerce Should 351.221(c)(1)(i).3 On May 17, 2018, ATC
Notification to Importers Regarding the Adjust U.S. Price for the Export Buyer’s timely withdrew its request for an
Reimbursement of Duties Credits Program administrative review.4 No other party
Comment 6. Zero-Quantity Import Data requested a review of ATC.
This notice also serves as a reminder Comment 7. Surrogate Value for
to importers of their responsibility Aluminum Frames 1 See Antidumping or Countervailing Duty, Order,
under 19 CFR 351.402(f)(2) to file a Comment 8. Surrogate Value for Finding, or Suspended Investigation; Opportunity
certificate regarding the reimbursement International Freight to Request Administrative Review, 83 FR 9284
of antidumping duties prior to Comment 9. Surrogate Value for Nitrogen (March 5, 2018).
liquidation of the relevant entries Comment 10. Selection of Surrogate 2 See Letter from ATC, ‘‘Certain New Pneumatic
during this POR. Failure to comply with Financial Statements Off-the-Road Tires from India: ATC Tires Private
amozie on DSK3GDR082PROD with NOTICES1
this requirement could result in Limited’s Request for Administrative Review,’’
Comment 11. Surrogate Value for Labor dated March 30, 2018.
Commerce’s presumption that Comment 12. Separate Rate Status for 3 See Initiation of Antidumping and
reimbursement of antidumping duties LONGi Solar Technology Co. Ltd. Countervailing Duty Administrative Reviews, 83 FR
Comment 13. Differential Pricing 19215 (May 2, 2018).
17 See Non-Market Economy Antidumping
Recommendation 4 See Letter from ATC, ‘‘Certain New Pneumatic
Proceedings: Assessment of Antidumping Duties, 76 Off-the-Road Tires from India: ATC Tires Private
[FR Doc. 2018–16072 Filed 7–26–18; 8:45 am]
FR 65694 (October 24, 2011), for a full discussion Limited’s Withdrawal of Request for Administrative
of this practice. BILLING CODE 3510–DS–P Review,’’ dated May 17, 2018.
VerDate Sep<11>2014 17:38 Jul 26, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\27JYN1.SGM 27JYN1](https://thefederalregister.org/doc/83_FR_35761/page/4.svg)
Document Created: 2018-07-27 04:05:59
Document Modified: 2018-07-27 04:05:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable July 27, 2018. | |
| Contact | Jeff Pedersen and Krisha Hill, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2769 and (202) 482-4037. | |
| FR Citation | 83 FR 35616 |
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