83 FR 3674 - Certain Crystalline Silicon Photovoltaic Products From Taiwan: Amended Preliminary Results and Preliminary Determination of No Shipments
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 18 (January 26, 2018)
International Trade Administration
Federal Register Volume 83, Issue 18 (January 26, 2018)
| Page Range | 3674-3675 | |
| FR Document | 2018-01446 |
[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)] [Notices] [Pages 3674-3675] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01446] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-583-853] Certain Crystalline Silicon Photovoltaic Products From Taiwan: Amended Preliminary Results and Preliminary Determination of No Shipments AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is amending the preliminary results of the administrative review of the antidumping duty order on certain crystalline silicon photovoltaic products (solar products) from Taiwan covering the period of review (POR) February 1, 2016, through January 31, 2017. DATES: January 26, 2018. FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482-3936. SUPPLEMENTARY INFORMATION: Background On April 10, 2017, Commerce published a notice initiating an antidumping administrative review of solar products from Taiwan covering 34 companies for the POR.\1\ On December 20, 2017, Commerce published the preliminary results of antidumping duty administrative review and partial rescission of antidumping duty administrative review.\2\ In this notice, Commerce stated incorrectly that 23 of the 34 companies \3\ listed in the Initiation Notice had withdrawn their requests for administrative review, pursuant to 19 CFR 351.213(d)(1).\4\ Actually, neither petitioner nor any of the 23 companies had withdrawn requests for administrative review. Thus, all 23 companies remain under review. --------------------------------------------------------------------------- \1\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 17188, 17189 (April 10, 2017) (Initiation Notice). \2\ See Certain Crystalline Silicon Photovoltaic Products from Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2016-2017, 82 FR 60370 (Dec 20, 2017) and accompanying Preliminary Decision Memorandum (Preliminary Results). \3\ Commerce stated that the following companies had withdrawn requests for administrative review: Baoding Jiasheng Photovoltaic Technology Co Ltd., Baoding Tianwei Yingli New Energy Resources Co., Ltd., Beijing Tianneng Yingli New Energy Resources Co Ltd., Boviet Solar Technology Co., Ltd., Canadian Solar Inc., Canadian Solar International, Ltd., Canadian Solar Manufacturing (Changshu), Inc., Canadian Solar Manufacturing (Luoyang), Inc., Canadian Solar Solution Inc., E-TON Solar Tech. Co., Ltd., Hainan Yingli New Energy Resources Co., Ltd., Hengshui Yingli New Energy Resources Co., Ltd., Inventec Energy Corporation, Lixian Yingli New Energy Resources Co., Ltd., Shenzhen Yingli New Energy Resources Co., Ltd., Sunengine Corporation Ltd., Sunrise Global Solar Energy, Tianjin Yingli New Energy Resources Co., Ltd., Trina Solar (Schweiz) AG, Trina Solar (Singapore) Science and Technology Pte Ltd., Win Win Precision Technology Co., Ltd., Yingli Energy (China) Co., Ltd., and Yingli Green Energy International Trading Company Limited. \4\ See Letter from AU Optronics et al., ``Re: Certain Crystalline Silicon Photovoltaic Products from Taiwan--Comment on Partial Rescission of Administrative Review, dated December 22, 2017; see also Letter from Canadian Solar Inc. et al., ``Re: Crystalline Silicon Photovoltaic Products from Taiwan (02/01/2016-- 01/31/2017): Comments Opposing Decision to Rescind Review for Canadian Solar Entities,'' dated December 27, 2017. --------------------------------------------------------------------------- Preliminary Determination of No Shipments Of the 23 companies at issue, 14 companies filed timely statements reporting that they made no shipments of subject merchandise to the United States during the POR. Based on the certifications submitted by these companies and our analysis of U.S. Customs and Border Protection (CBP) information, we preliminarily determine that these 14 companies had no shipments during the POR.\5\ Given that these companies certified that they made no shipments of subject merchandise to the United States during the POR, and there is no information calling their claims into question, we preliminarily determine that these companies did not have any reviewable transactions during the POR. Commerce will issue a no-shipment inquiry to CBP requesting that it review these no- shipment claims. Consistent with Commerce's practice, we will not rescind the review, but, rather, will complete the review and issue instructions to CBP based on the final results.\6\ --------------------------------------------------------------------------- \5\ See certifications of no shipments filed by Sunengine Corporation Ltd, dated April 24, 2017, and certifications of no shipments filed by Boviet Solar Technology Co., Ltd, Baoding Jiasheng Photovoltaic Technology Co., Ltd., Baoding Tianwei Yingli New Energy Resources Co., Ltd., Beijing Tianneng Yingli New Energy Resources Co., Ltd., Hainan Yingli New Energy Resources Co., Ltd., Hengshui Yingli New Energy Resources Co., Ltd., Lixian Yingli New Energy Resources Co., Ltd., Shenzhen Yingli New Energy Resources Co., Ltd., Tianjin Yingli New Energy Resources Co., Ltd., Yingli Energy (China) Co., Ltd., and Yingli Green Energy International Trading Company Limited, dated May 10, 2017. See also Letter from Inventec Solar Energy Corporation and its affiliates, dated April 24, 2017 (certifying that E-TON Solar Tech. Co., Ltd., and Inventec Energy Corporation had no shipments). \6\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Review, Preliminary Determination of No Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged in Certain Frozen Warmwater Shrimp from Thailand: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306, 51307 (August 28, 2014). --------------------------------------------------------------------------- Rate for Companies Not Individually Examined Of the 23 companies at issue, the remaining nine are non-selected respondents. Consistent with our preliminary results and Commerce's practice, we preliminarily assign to these nine companies the Motech Industries Inc.\7\ preliminary rate of 1.07 percent. See table below. --------------------------------------------------------------------------- \7\ See Preliminary Results, 82 FR at 60371. ------------------------------------------------------------------------ Weighted- average Manufacturer/ exporter margin (percent) ------------------------------------------------------------------------ Canadian Solar Inc.......................................... 1.07 Canadian Solar International, Ltd........................... 1.07 Canadian Solar Manufacturing (Changshu), Inc................ 1.07 Canadian Solar Manufacturing (Luoyang), Inc................. 1.07 Canadian Solar Solution Inc................................. 1.07 Sunrise Global Solar Energy................................. 1.07 Trina Solar (Schweiz) AG.................................... 1.07 [[Page 3675]] Trina Solar (Singapore) Science and Technology Pte Ltd...... 1.07 Win Win Precision Technology Co., Ltd....................... 1.07 ------------------------------------------------------------------------ Assessment Rates Upon issuance of the final results, Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review, in accordance with 19 CFR 351.212(b). Commerce intends to issue assessment instructions to CBP 15 days after the publication date of the final results of review. Cash Deposit Requirements The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of solar products from Taiwan entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies under review will be the rate established in the final results of this review (except, if the rate is zero or de minimis, no cash deposit will be required); (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company- specific rate published for the most recently completed segment of this proceeding in which the manufacturer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of the proceeding for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 19.50 percent ad valorem, the all- others rate established in the less-than-fair-value investigation.\8\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \8\ See Certain Crystalline Silicon Photovoltaic Products from Taiwan: Final Determination of Sales at Less Than Fair Value, 79 FR 76966 (December 23, 2014). --------------------------------------------------------------------------- This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). Dated: January 18, 2018. Gary Taverman, Deputy Assistance Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018-01446 Filed 1-25-18; 8:45 am] BILLING CODE 3510-DS-P
![3674 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices
Estimated Number of Respondents: 1. SUPPLEMENTARY INFORMATION: that these 14 companies had no
Estimated Time per Response: 201 shipments during the POR.5 Given that
hours. Background
these companies certified that they
Estimated Total Annual Burden On April 10, 2017, Commerce made no shipments of subject
Hours: 201. published a notice initiating an merchandise to the United States during
Estimated Total Annual Cost to antidumping administrative review of the POR, and there is no information
Public: $0. solar products from Taiwan covering 34 calling their claims into question, we
IV. Request for Comments companies for the POR.1 On December preliminarily determine that these
20, 2017, Commerce published the companies did not have any reviewable
Comments are invited on: (a) Whether preliminary results of antidumping duty transactions during the POR. Commerce
the proposed collection of information administrative review and partial will issue a no-shipment inquiry to CBP
is necessary for the proper performance rescission of antidumping duty requesting that it review these no-
of the functions of the agency, including administrative review.2 In this notice, shipment claims. Consistent with
whether the information shall have Commerce stated incorrectly that 23 of Commerce’s practice, we will not
practical utility; (b) the accuracy of the the 34 companies 3 listed in the rescind the review, but, rather, will
agency’s estimate of the burden Initiation Notice had withdrawn their complete the review and issue
(including hours and cost) of the requests for administrative review, instructions to CBP based on the final
proposed collection of information; (c) pursuant to 19 CFR 351.213(d)(1).4
ways to enhance the quality, utility, and results.6
Actually, neither petitioner nor any of
clarity of the information to be the 23 companies had withdrawn Rate for Companies Not Individually
collected; and (d) ways to minimize the requests for administrative review. Examined
burden of the collection of information Thus, all 23 companies remain under Of the 23 companies at issue, the
on respondents, including through the review. remaining nine are non-selected
use of automated collection techniques respondents. Consistent with our
or other forms of information Preliminary Determination of No
Shipments preliminary results and Commerce’s
technology. practice, we preliminarily assign to
Comments submitted in response to Of the 23 companies at issue, 14 these nine companies the Motech
this notice will be summarized and/or companies filed timely statements Industries Inc.7 preliminary rate of 1.07
included in the request for OMB reporting that they made no shipments
approval of this information collection; percent. See table below.
of subject merchandise to the United
they also will become a matter of public States during the POR. Based on the Weighted-
record. certifications submitted by these Manufacturer/ average
Sheleen Dumas, companies and our analysis of U.S. exporter margin
Customs and Border Protection (CBP) (percent)
Departmental PRA Lead, Office of the Chief
Information Officer. information, we preliminarily determine
Canadian Solar Inc ..................... 1.07
[FR Doc. 2018–01323 Filed 1–25–18; 8:45 am] 1 See
Canadian Solar International, Ltd 1.07
Initiation of Antidumping and Canadian Solar Manufacturing
BILLING CODE 3510–33–P Countervailing Duty Administrative Reviews, 82 FR
17188, 17189 (April 10, 2017) (Initiation Notice). (Changshu), Inc ...................... 1.07
2 See Certain Crystalline Silicon Photovoltaic Canadian Solar Manufacturing
DEPARTMENT OF COMMERCE Products from Taiwan: Preliminary Results of (Luoyang), Inc ......................... 1.07
Antidumping Duty Administrative Review and Canadian Solar Solution Inc ....... 1.07
International Trade Administration Partial Rescission of Antidumping Duty Sunrise Global Solar Energy ...... 1.07
Administrative Review; 2016–2017, 82 FR 60370 Trina Solar (Schweiz) AG ........... 1.07
[A–583–853] (Dec 20, 2017) and accompanying Preliminary
Decision Memorandum (Preliminary Results). 5 See certifications of no shipments filed by
3 Commerce stated that the following companies
Certain Crystalline Silicon Photovoltaic Sunengine Corporation Ltd, dated April 24, 2017,
had withdrawn requests for administrative review:
Products From Taiwan: Amended Baoding Jiasheng Photovoltaic Technology Co Ltd.,
and certifications of no shipments filed by Boviet
Preliminary Results and Preliminary Baoding Tianwei Yingli New Energy Resources Co., Solar Technology Co., Ltd, Baoding Jiasheng
Ltd., Beijing Tianneng Yingli New Energy Photovoltaic Technology Co., Ltd., Baoding Tianwei
Determination of No Shipments Yingli New Energy Resources Co., Ltd., Beijing
Resources Co Ltd., Boviet Solar Technology Co.,
Tianneng Yingli New Energy Resources Co., Ltd.,
AGENCY: Enforcement and Compliance, Ltd., Canadian Solar Inc., Canadian Solar
Hainan Yingli New Energy Resources Co., Ltd.,
International Trade Administration, International, Ltd., Canadian Solar Manufacturing
(Changshu), Inc., Canadian Solar Manufacturing Hengshui Yingli New Energy Resources Co., Ltd.,
Department of Commerce. (Luoyang), Inc., Canadian Solar Solution Inc., E– Lixian Yingli New Energy Resources Co., Ltd.,
SUMMARY: The Department of Commerce TON Solar Tech. Co., Ltd., Hainan Yingli New Shenzhen Yingli New Energy Resources Co., Ltd.,
(Commerce) is amending the Energy Resources Co., Ltd., Hengshui Yingli New Tianjin Yingli New Energy Resources Co., Ltd.,
Energy Resources Co., Ltd., Inventec Energy Yingli Energy (China) Co., Ltd., and Yingli Green
preliminary results of the administrative Energy International Trading Company Limited,
Corporation, Lixian Yingli New Energy Resources
review of the antidumping duty order Co., Ltd., Shenzhen Yingli New Energy Resources dated May 10, 2017. See also Letter from Inventec
on certain crystalline silicon Co., Ltd., Sunengine Corporation Ltd., Sunrise Solar Energy Corporation and its affiliates, dated
photovoltaic products (solar products) Global Solar Energy, Tianjin Yingli New Energy April 24, 2017 (certifying that E–TON Solar Tech.
Resources Co., Ltd., Trina Solar (Schweiz) AG, Co., Ltd., and Inventec Energy Corporation had no
from Taiwan covering the period of shipments).
Trina Solar (Singapore) Science and Technology Pte
review (POR) February 1, 2016, through Ltd., Win Win Precision Technology Co., Ltd., 6 See, e.g., Certain Frozen Warmwater Shrimp
January 31, 2017. Yingli Energy (China) Co., Ltd., and Yingli Green from Thailand; Preliminary Results of Antidumping
DATES: January 26, 2018. Energy International Trading Company Limited. Duty Administrative Review, Partial Rescission of
daltland on DSKBBV9HB2PROD with NOTICES
4 See Letter from AU Optronics et al., ‘‘Re: Certain Review, Preliminary Determination of No
FOR FURTHER INFORMATION CONTACT: Shipments; 2012–2013, 79 FR 15951, 15952 (March
Crystalline Silicon Photovoltaic Products from
Thomas Martin, AD/CVD Operations, Taiwan—Comment on Partial Rescission of 24, 2014), unchanged in Certain Frozen Warmwater
Office IV, Enforcement & Compliance, Administrative Review, dated December 22, 2017; Shrimp from Thailand: Final Results of
International Trade Administration, see also Letter from Canadian Solar Inc. et al., ‘‘Re: Antidumping Duty Administrative Review, Final
Crystalline Silicon Photovoltaic Products from Determination of No Shipments, and Partial
U.S. Department of Commerce, 1401 Taiwan (02/01/2016—01/31/2017): Comments Rescission of Review; 2012–2013, 79 FR 51306,
Constitution Avenue NW, Washington, Opposing Decision to Rescind Review for Canadian 51307 (August 28, 2014).
DC 20230, telephone: (202) 482–3936. Solar Entities,’’ dated December 27, 2017. 7 See Preliminary Results, 82 FR at 60371.
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![Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices 3675
Weighted- Dated: January 18, 2018. Baoding Mantong in the Final Results.2
Manufacturer/ average Gary Taverman, In the final results of redetermination,
exporter margin Deputy Assistance Secretary for Antidumping Commerce relied on surrogate financial
(percent) information that resulted in a dumping
and Countervailing Duty Operations,
Trina Solar (Singapore) Science
performing the non-exclusive functions and margin of 64.97 percent.3 On April 19,
duties of the Assistant Secretary for 2017, the Court remanded the revised
and Technology Pte Ltd .......... 1.07
Win Win Precision Technology Enforcement and Compliance. results to Commerce for reconsideration
Co., Ltd ................................... 1.07 [FR Doc. 2018–01446 Filed 1–25–18; 8:45 am] of the selection of certain surrogate
BILLING CODE 3510–DS–P values in its determination of the
Assessment Rates margin assigned to Baoding Mantong.4
In its second final results of
Upon issuance of the final results, DEPARTMENT OF COMMERCE redetermination, Commerce revised the
Commerce will determine, and CBP
surrogate values for three inputs—liquid
shall assess, antidumping duties on all International Trade Administration ammonia, formaldehyde and steam
appropriate entries covered by this
[A–570–836] coal—which resulted in a dumping
review, in accordance with 19 CFR
margin of 0.00 percent.5 On December
351.212(b). Commerce intends to issue
Glycine From the People’s Republic of 20, 2017, the Court sustained the
assessment instructions to CBP 15 days
China: Notice of Court Decision Not in Second Results of Redetermination.6
after the publication date of the final
Harmony With Final Results of the
results of review. Timken Notice
Antidumping Duty Administrative
Cash Deposit Requirements Review; 2010–2011 In its decision in Timken,7 as clarified
by Diamond Sawblades,8 the Court of
The following deposit requirements AGENCY: Enforcement and Compliance, Appeals for the Federal Circuit held
will be effective upon publication of the International Trade Administration, that, pursuant to section 516A(e) of the
notice of final results of administrative Department of Commerce. Tariff Act of 1930, as amended (the Act),
review for all shipments of solar SUMMARY: The Court of International Commerce must publish a notice of a
products from Taiwan entered, or Trade (CIT or Court) sustained the final court decision that is not ‘‘in harmony’’
withdrawn from warehouse, for
remand results pertaining to the with a Commerce determination and
consumption on or after the date of
administrative review of the must suspend liquidation of entries
publication of the final results of this
antidumping duty order on glycine from pending a ‘‘conclusive’’ court decision.
administrative review, as provided for
the People’s Republic of China (China), The CIT’s December 20, 2017, final
by section 751(a)(2)(C) of the Act: (1)
covering the period of March 1, 2010, judgment sustaining the Second Results
The cash deposit rate for the companies
through February 28, 2011. The of Redetermination constitutes a final
under review will be the rate
Department of Commerce (Commerce) is decision of the Court that is not in
established in the final results of this
notifying the public that the final harmony with Commerce’s Final
review (except, if the rate is zero or de
judgment in this case is not in harmony Results. This notice is published in
minimis, no cash deposit will be
with Commerce’s final results of the fulfillment of the Timken publication
required); (2) for merchandise exported
administrative review and that requirements. Accordingly, Commerce
by manufacturers or exporters not
Commerce is amending the final results will continue the suspension of
covered in this review but covered in a
with respect to the dumping margin liquidation of the subject merchandise
prior segment of the proceeding, the
cash deposit rate will continue to be the assigned to Baoding Mantong Fine pending a final and conclusive court
company-specific rate published for the Chemistry Co. Ltd. (Baoding Mantong). decision.
most recently completed segment of this DATES: Applicable January 26, 2018. Amended Final Results of Review
proceeding in which the manufacturer FOR FURTHER INFORMATION CONTACT:
Because there is now a final court
or exporter participated; (3) if the Madeline Heeren or Edythe Artman, decision, Commerce is amending the
exporter is not a firm covered in this AD/CVD Operations, Office VI, Final Results with respect to the
review, a prior review, or the less-than- Enforcement and Compliance, dumping margin calculated for Baoding
fair-value investigation, but the International Trade Administration, Mantong. Based on the Second Results
manufacturer is, the cash deposit rate U.S. Department of Commerce, 1401 of Redetermination, as sustained by the
will be the rate established for the most Constitution Avenue NW, Washington, CIT, the revised dumping margin for
recently completed segment of the DC 20230; telephone: (202) 482–9179 or Baoding Mantong, for the period March
proceeding for the manufacturer of the (202) 482–3931, respectively.
merchandise; and (4) the cash deposit SUPPLEMENTARY INFORMATION: 2 See Baoding Mantong Fine Chemistry Co., Ltd.
rate for all other manufacturers or v. United States, Court No. 12–00362, Slip Op. 15–
exporters will continue to be 19.50 Background 123 (CIT November 3, 2015).
3 See ‘‘Final Results of Redetermination Pursuant
percent ad valorem, the all-others rate On October 18, 2012, Commerce
to Court Remand,’’ dated March 29, 2017.
established in the less-than-fair-value published the Final Results,1 in which 4 See Baoding Mantong Fine Chemistry Co., Ltd.
investigation.8 These cash deposit it determined Baoding Mantong to have v. United States, Court No. 12–00362, Slip Op. 17–
requirements, when imposed, shall a weight-averaged dumping margin of 44 (CIT April 19, 2017).
remain in effect until further notice. 453.79 percent for the period under 5 See‘‘Final Results of Redetermination Pursuant
This notice is issued and published in review. On November 3, 2015, the Court to Court Remand,’’ dated July 18, 2017 (Second
Results of Redetermination).
daltland on DSKBBV9HB2PROD with NOTICES
accordance with sections 751(a)(1) and remanded these results to Commerce for 6 See Baoding Mantong Fine Chemistry Co., Ltd.
777(i)(1) of the Act, and 19 CFR reconsideration of all aspects of its v. United States, Court No. 12–00362, Slip Op. 17–
351.213(d)(4). determination of the margin assigned to 169 (CIT December 20, 2017).
7 See Timken Co. v. United States, 893 F.2d 337
8 See Certain Crystalline Silicon Photovoltaic 1 See Glycine from the People’s Republic of (Fed. Cir. 1990) (Timken).
Products from Taiwan: Final Determination of Sales China: Final Results of Antidumping Duty 8 See Diamond Sawblades Mfrs. Coalition v.
at Less Than Fair Value, 79 FR 76966 (December Administrative Review, 77 FR 64100 (October 18, United States, 626 F.3d 1374 (Fed. Cir. 2010)
23, 2014). 2012) (Final Results). (Diamond Sawblades).
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Document Created: 2018-10-26 10:03:54
Document Modified: 2018-10-26 10:03:54
| 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 | January 26, 2018. | |
| Contact | Thomas Martin, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482-3936. | |
| FR Citation | 83 FR 3674 |
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