83_FR_45591 83 FR 45417 - Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative Review; 2017-2018

83 FR 45417 - Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative Review; 2017-2018

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 174 (September 7, 2018)

Page Range45417-45418
FR Document2018-19427

The Department of Commerce (Commerce) is rescinding, in part, the administrative review of the antidumping duty (AD) order on certain crystalline silicon photovoltaic products from the People's Republic of China (China) for the period of review (POR), February 1, 2017, through January 31, 2018.

Federal Register, Volume 83 Issue 174 (Friday, September 7, 2018) 
[Federal Register Volume 83, Number 174 (Friday, September 7, 2018)]
[Notices]
[Pages 45417-45418]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19427]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-010]


Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China: Notice of Partial Rescission of Antidumping 
Duty Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) is rescinding, in part, 
the administrative review of the antidumping duty (AD) order on certain 
crystalline silicon photovoltaic products from the People's Republic of 
China (China) for the period of review (POR), February 1, 2017, through 
January 31, 2018.

DATES: Applicable September 7, 2018.

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230, telephone: (202) 482-2769.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2018, Commerce published in the Federal Register, a 
notice of opportunity to request an administrative review of the AD 
order on certain crystalline silicon photovoltaic products from China 
(the Order) covering the period February 1,

[[Page 45418]]

2017, through January 31, 2018.\1\ Commerce received multiple timely 
requests for an administrative review of the Order. On April 16, 2018, 
in accordance with section 751(a) of Tariff Act of 1930, as amended 
(the Act) and 19 CFR 351.221(c)(1)(i), Commerce published in the 
Federal Register a notice initiating an administrative review of the 
Order with respect to 12 companies or groups of companies covering the 
period February 1, 2017, through January 31, 2018.\2\ All requesting 
parties subsequently timely withdrew their requests to review the nine 
companies listed in the Appendix to this notice.
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 83 FR 4639 (February 1, 2018).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 16298 (April 16, 2018) (Initiation 
Notice).
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Rescission of Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested the review withdraw their requests within 90 days of the date 
of publication of the notice of initiation of the requested review. All 
requesting parties withdrew their respective requests for an 
administrative review of the nine companies or group of companies 
listed in the Appendix to this notice within 90 days of the date of 
publication of the Initiation Notice. Accordingly, Commerce is 
rescinding this review with respect to these companies in accordance 
with 19 CFR 351.213(d)(1).\3\ The administrative review will continue 
with respect to all other firms for which a review was requested and 
initiated.
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    \3\ See Appendix. As stated in Change in Practice in NME 
Reviews, Commerce will no longer consider the non-market economy 
(NME) entity as an exporter conditionally subject to administrative 
reviews. 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 (November 4, 2013). 
The China-wide entity is not subject to this administrative review 
because no interested party requested a review of the entity. See 
Initiation Notice.
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Assessment

    Commerce will instruct U.S. Customs and Border Protection (CBP) to 
assess antidumping duties on all subject merchandise exported by the 
companies listed in the Appendix to this notice that was entered, or 
withdrawn from warehouse, for consumption during the period of review. 
The entries shall be assessed AD duties that are equal to the cash 
deposit of estimated AD duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(1)(i). Commerce intends to issue appropriate assessment 
instructions to CBP 15 days after publication of this notice in the 
Federal Register.

Notification to Importers

    This notice serves as the only reminder to importers whose entries 
will be liquidated as a result of this rescission notice, of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of AD duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the presumption that reimbursement of the 
AD duties occurred and the subsequent assessment of doubled AD 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 disposition of proprietary information disclosed under 
an APO in accordance with 19 CFR 351.305(a)(3), 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 sanctionable violation.
    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: August 31, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.

Appendix

 BYD (Shangluo) Industrial Co., Ltd.
 Changzhou Trina Solar Energy Co., Ltd./Trina Solar 
(Changzhou) Science and Technology Co., Ltd./Yangcheng Trina Solar 
Energy Co., Ltd./Turpan Trina Solar Energy Co., Ltd./Hubei Trina 
Solar Energy Co., Ltd.
 Chint Solar (Zhejiang) Co., Ltd.
 Hefei JA Solar Technology Co., Ltd.
 Perlight Solar Co., Ltd.
 Shanghai BYD Co., Ltd.
 Shenzhen Letsolar Technology Co., Ltd.
 Sunny Apex Development Ltd.
 Wuxi Suntech Power Co., Ltd.

[FR Doc. 2018-19427 Filed 9-6-18; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Notices 45417 sales made during the period of review publication of the final results of this IV. Scope of the Order to each importer to the total entered administrative review for all shipments V. Discussion of the Methodology value of those same sales in accordance of the subject merchandise entered, or A. Determination of Comparison Method with 19 CFR 351.212(b)(1). If the withdrawn from warehouse, for B. Results of the Differential Pricing Analysis respondent has not reported reliable consumption on or after the publication C. Home Market Viability as Comparison entered values, we will calculate a per- date of the final results of this Market unit assessment rate for each importer administrative review, as provided by D. Level of Trade by dividing the total amount of section 751(a)(2)(C) of the Act: (1) The E. Cost of Production dumping for the examined sales made cash deposit rate for Hyosung and F. Calculation of Normal Value Based on during the period of review to that Hyundai and other companies listed Comparison Market Prices importer by the total sales quantity above will be equal to the weighted- G. Price-to-Constructed Value Comparison associated with those transactions. average dumping margin established in VI. Application of Facts Available and Use of Where an importer-specific ad valorem the final results of this administrative Adverse Inference assessment rate is zero or de minimis, review; (2) for previously reviewed or A. Application of Facts Available B. Use of Adverse Inference we will instruct CBP to liquidate the investigated companies not listed above, C. Selection and Corroboration of the appropriate entries without regard to the cash deposit rate will continue to be Adverse Facts Available Rate antidumping duties in accordance with the company-specific rate published for VII. Discussion of The Issues 19 CFR 351.106(c)(2). If the the most recently completed segment of A. Hyundai-Specific Issues respondent’s weighted-average dumping this proceeding in which they were VIII. Rate for Non-Selected Companies margin is zero or de minimis in the final reviewed; (3) if the exporter is not a firm IX. Parts results of review, we will instruct CBP covered in this review, a prior review, X. Recommendation not to assess duties on any of its entries or in the investigation but the producer [FR Doc. 2018–19428 Filed 9–6–18; 8:45 am] in accordance with the Final is, the cash deposit rate will be the rate BILLING CODE 3510–DS–P Modification for Reviews, i.e., ‘‘{w}here established for the most recently the weighted-average margin of completed segment of this proceeding dumping for the exporter is determined for the producer of the merchandise; DEPARTMENT OF COMMERCE to be zero or de minimis, no and (4) the cash deposit rate for all other antidumping duties will be assessed.’’ 17 producers or exporters will continue to International Trade Administration If the preliminary results are be the all-others rate of 22.00 percent, unchanged for the final results, we will the rate established in the investigation [A–570–010] instruct CBP to apply an ad valorem of this proceeding.20 These cash deposit assessment rate of 60.81 percent to all requirements, when imposed, shall Certain Crystalline Silicon Photovoltaic entries of subject merchandise during remain in effect until further notice. Products From the People’s Republic the period of review which were of China: Notice of Partial Rescission Notification to Importers produced and/or exported by Hyundai. of Antidumping Duty Administrative Regarding entries of subject This notice also serves as a reminder Review; 2017–2018 merchandise during the period of to importers of their responsibility review that were produced by Hyosung under 19 CFR 351.402(f)(2) to file a AGENCY: Enforcement and Compliance, and Hyundai and for which they did not certificate regarding the reimbursement International Trade Administration, know that the merchandise was of antidumping duties prior to Department of Commerce. destined for the United States, we will liquidation of the relevant entries SUMMARY: The Department of Commerce instruct CBP to liquidate un-reviewed during this review period. Failure to (Commerce) is rescinding, in part, the entries at the all-others rate of 22.00 comply with this requirement could administrative review of the percent, as established in the less-than- result in Commerce’s presumption that antidumping duty (AD) order on certain fair-value investigation of the order, if reimbursement of antidumping duties crystalline silicon photovoltaic products there is no rate for the intermediate occurred and the subsequent assessment from the People’s Republic of China company(ies) involved in the of double antidumping duties. (China) for the period of review (POR), transaction.18 For a full discussion of Notification to Interested Parties February 1, 2017, through January 31, this matter, see Assessment Policy 2018. Notice.19 We are issuing and publishing this We intend to issue liquidation notice in accordance with sections DATES: Applicable September 7, 2018. instructions to CBP 15 days after 751(a)(1) and 777(i)(1) of the Act. FOR FURTHER INFORMATION CONTACT: Jeff publication of the final results of this Dated: August 31, 2018. Pedersen, AD/CVD Operations, Office review. Gary Taverman, IV, Enforcement and Compliance, Cash Deposit Requirements Deputy Assistant Secretary for Antidumping International Trade Administration, and Countervailing Duty Operations, U.S. Department of Commerce, 1401 The following cash deposit performing the non-exclusive functions and Constitution Avenue NW, Washington, requirements will be effective upon duties of the Assistant Secretary for DC 20230, telephone: (202) 482–2769. Enforcement and Compliance. 17 See Antidumping Proceedings: Calculation of SUPPLEMENTARY INFORMATION: the Weighted-Average Dumping Margin and Appendix—List of Topics Discussed in Assessment Rate in Certain Antidumping the Preliminary Decision Memorandum Background daltland on DSKBBV9HB2PROD with NOTICES Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 2012) (Final Modification for I. Summary On February 1, 2018, Commerce Reviews). II. Background published in the Federal Register, a 18 See Large Power Transformers from the III. Deadline for Submission of Updated Sales notice of opportunity to request an Republic of Korea: Antidumping Duty Order, 77 FR and Cost Information administrative review of the AD order 53177 (August 31, 2012). on certain crystalline silicon 19 See Antidumping and Countervailing Duty 20 See Large Power Transformers from the Proceedings: Assessment of Antidumping Duties, 68 Republic of Korea: Antidumping Duty Order, 77 FR photovoltaic products from China (the FR 23954 (May 6, 2003) (Assessment Policy Notice). 53177 (August 31, 2012). Order) covering the period February 1, VerDate Sep<11>2014 17:55 Sep 06, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\07SEN1.SGM 07SEN1

45418 Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Notices 2017, through January 31, 2018.1 required at the time of entry, or • Wuxi Suntech Power Co., Ltd. Commerce received multiple timely withdrawal from warehouse, for [FR Doc. 2018–19427 Filed 9–6–18; 8:45 am] requests for an administrative review of consumption, in accordance with 19 BILLING CODE 3510–DS–P the Order. On April 16, 2018, in CFR 351.212(c)(1)(i). Commerce intends accordance with section 751(a) of Tariff to issue appropriate assessment Act of 1930, as amended (the Act) and instructions to CBP 15 days after DEPARTMENT OF COMMERCE 19 CFR 351.221(c)(1)(i), Commerce publication of this notice in the Federal published in the Federal Register a Register. International Trade Administration notice initiating an administrative [A–570–970] review of the Order with respect to 12 Notification to Importers companies or groups of companies This notice serves as the only Multilayered Wood Flooring From the covering the period February 1, 2017, reminder to importers whose entries People’s Republic of China: Correction through January 31, 2018.2 All will be liquidated as a result of this to the Final Results of Antidumping requesting parties subsequently timely rescission notice, of their responsibility Duty Administrative Review; 2015– withdrew their requests to review the under 19 CFR 351.402(f)(2) to file a 2016 nine companies listed in the Appendix certificate regarding the reimbursement to this notice. AGENCY: Enforcement and Compliance, of AD duties prior to liquidation of the International Trade Administration, Rescission of Review, in Part relevant entries during this review Department of Commerce. Pursuant to 19 CFR 351.213(d)(1), period. Failure to comply with this requirement could result in the DATES: Applicable September 7, 2018. Commerce will rescind an presumption that reimbursement of the FOR FURTHER INFORMATION CONTACT: administrative review, in whole or in AD duties occurred and the subsequent Michael Bowen, AD/CVD Operations, part, if the parties that requested the assessment of doubled AD duties. Office VIII, Enforcement and review withdraw their requests within 90 days of the date of publication of the Compliance, International Trade Notification Regarding Administrative Administration, U.S. Department of notice of initiation of the requested Protective Orders review. All requesting parties withdrew Commerce, 1401 Constitution Avenue their respective requests for an This notice also serves as a reminder NW, Washington, DC 20230; telephone: administrative review of the nine to parties subject to administrative 202–482–0768. companies or group of companies listed protective order (APO) of their SUPPLEMENTARY INFORMATION: On July in the Appendix to this notice within 90 responsibility concerning the 26, 2018, the Department of Commerce days of the date of publication of the disposition of proprietary information (Commerce) published the Final Results Initiation Notice. Accordingly, disclosed under an APO in accordance of the 2015–2016 administrative review Commerce is rescinding this review with 19 CFR 351.305(a)(3), which of the antidumping duty order on with respect to these companies in continues to govern business multilayered wood flooring from the accordance with 19 CFR 351.213(d)(1).3 proprietary information in this segment People’s Republic of China (China).1 The administrative review will continue of the proceeding. Timely written The period of review (POR) is December with respect to all other firms for which notification of the return or destruction 1, 2015, through November 30, 2016. a review was requested and initiated. of APO materials, or conversion to Commerce is issuing this notice to judicial protective order, is hereby correct a ministerial error in the Final Assessment Results, and to amend the partial requested. Failure to comply with the Commerce will instruct U.S. Customs regulations and terms of an APO is a rescission of certain companies from the and Border Protection (CBP) to assess sanctionable violation. administrative review to include Double antidumping duties on all subject F Limited. Specifically, in the Final merchandise exported by the companies This notice is issued and published in Results, Commerce inadvertently listed in the Appendix to this notice accordance with sections 751(a)(1) and misspelled Dalian Guhua Wooden that was entered, or withdrawn from 777(i)(1) of the Act, and 19 CFR Product Co., Ltd.’s name as Dalian warehouse, for consumption during the 351.213(d)(4). Guhua Wood Product Co., Ltd. period of review. The entries shall be Dated: August 31, 2018. Commerce corrected this error in the assessed AD duties that are equal to the James Maeder, cash deposit and liquidation cash deposit of estimated AD duties Associate Deputy Assistant Secretary for instructions issued to U.S. Customs and Antidumping and Countervailing Duty Border Protection following the 1 See Antidumping or Countervailing Duty Order, Operations performing the duties of Deputy publication of the Final Results. Finding, or Suspended Investigation; Opportunity Assistant Secretary for Antidumping and To Request Administrative Review, 83 FR 4639 Further, in accordance with the Court of Countervailing Duty Operations. International Trade’s August 15, 2018, (February 1, 2018). 2 See Initiation of Antidumping and Appendix order amending the Court’s July 3, 2018, Countervailing Duty Administrative Reviews, 83 FR judgment in Changzhou Hawd Flooring 16298 (April 16, 2018) (Initiation Notice). • BYD (Shangluo) Industrial Co., Ltd. Co., Ltd., et al. v. United States,2 we 3 See Appendix. As stated in Change in Practice • Changzhou Trina Solar Energy Co., Ltd./ in NME Reviews, Commerce will no longer consider Trina Solar (Changzhou) Science and 1 See Multilayered Wood Flooring from the the non-market economy (NME) entity as an exporter conditionally subject to administrative Technology Co., Ltd./Yangcheng Trina People’s Republic of China: Final Results of reviews. See Antidumping Proceedings: Solar Energy Co., Ltd./Turpan Trina Solar Antidumping Duty Administrative Review, Final daltland on DSKBBV9HB2PROD with NOTICES Announcement of Change in Department Practice Energy Co., Ltd./Hubei Trina Solar Energy Determination of No Shipments, and Partial for Respondent Selection in Antidumping Duty Co., Ltd. Rescission; 2015–2016, 83 FR 35461 (July 26, 2018) Proceedings and Conditional Review of the • Chint Solar (Zhejiang) Co., Ltd. (Final Results). Nonmarket Economy Entity in NME Antidumping 2 See Changzhou Hawd Flooring Co., et al. v. • Hefei JA Solar Technology Co., Ltd. Duty Proceedings, 78 FR 65963 (November 4, 2013). United States, Ct. No. 12–20, Slip Op. 18–82 (Court The China-wide entity is not subject to this • Perlight Solar Co., Ltd. of Int’l Trade July 3, 2018); see also Changzhou administrative review because no interested party • Shanghai BYD Co., Ltd. Hawd Flooring Co., et al. v. United States, Ct. No. requested a review of the entity. See Initiation • Shenzhen Letsolar Technology Co., Ltd. 12–20, Dkt. No. 199 (Court of Int’l Trade Aug. 15, Notice. • Sunny Apex Development Ltd. 2018). VerDate Sep<11>2014 17:55 Sep 06, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\07SEN1.SGM 07SEN1


Document Created: 2018-09-07 00:15:34
Document Modified: 2018-09-07 00:15:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable September 7, 2018.
ContactJeff Pedersen, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482-2769.
FR Citation83 FR 45417 
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