Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules From the People's Republic of China: Partial Rescission of Antidumping Duty Administrative Review
Department of Commerce International Trade Administration [A-570-979] AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effe...
Enforcement and Compliance, International Trade Administration, Department of Commerce.
DATES:
Effective Date:
August 4, 2015.
FOR FURTHER INFORMATION CONTACT:
Jeff Pedersen or Thomas Martin, AD/CVD Operations, Office IV, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-2769 or (202) 482-3936, respectively.
SUPPLEMENTARY INFORMATION:
( printed page 46246)
Background
On December 7, 2012 the Department of Commerce (Department) published in the
Federal Register
the antidumping duty order on crystalline silicon photovoltaic cells, whether or not assembled into modules from the People's Republic of China (PRC).[1]
On December 3, 2014, the Department published a notice of opportunity to request an administrative review of the order on crystalline silicon photovoltaic cells, whether or not assembled into modules.[2]
The Department received multiple timely requests for an administrative review of the order on crystalline silicon photovoltaic cells, whether or not assembled into modules. On February 4, 2015, in accordance with section 751(a) of Tariff Act of 1930, as amended (the Act), the Department published in the
Federal Register
a notice of the initiation of an administrative review of that order.[3]
The administrative review was initiated with respect to 78 companies or groups of companies, and covers the period from December 1, 2013, through November 30, 2014. While 32 companies or groups of companies remain under review, the requesting parties have timely withdrawn all review requests for 46 companies or groups of companies, as discussed below.
Rescission of Review, in Part
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if a party that requested the review withdraws its request 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 46 companies or groups of companies listed in the Appendix within 90 days of the date of publication of
Initiation Notice.
Accordingly, the Department is rescinding this review, in part, with respect to these companies, in accordance with 19 CFR 351.213(d)(1).[4]
Assessment
The Department will instruct U.S. Customs and Border Protection (“CBP”) to assess antidumping duties on all appropriate entries. For the companies for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(l)(i).[5]
The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice.
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 antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's assumption that the reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to administrative protective orders (“APO”) of their responsibility concerning the return or destruction of proprietary information disclosed under an 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 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: July 28, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
Appendix
Changzhou NESL Solartech Co., Ltd.
CSG PVTech Co., Ltd.
DelSolar Co., Ltd.
Dongfang Electric (Yixing) MAGI Solar Power Technology Co., Ltd.
Zhejiang Xinshun Guangfu Science and Technology Co., Ltd.
Zhejiang ZG-Cells Co., Ltd.
Zhenjiang Rietech New Energy Science & Technology Co., Ltd.
Zhiheng Solar Inc.
Footnotes
1.
See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order,77 FR 73018 (December 7, 2012).
4.
See
Appendix. As stated in
Change in Practice in NME Reviews,
the Department 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) (“
Change in Practice in NME Reviews”). The PRC-wide entity is not subject to this administrative review because no interested party requested a review of the entity.
See Initiation Notice.
5.
For Hengdian Group DMEGC Magnetics Co., Ltd., we shall instruction CBP to assess duties on entries from June 1, 2014 through November 30, 2014 because there in an ongoing new shipper review of this company covering the period December 1, 2013 through May 31, 2014.
Use this for formal legal and research references to the published document.
80 FR 46245
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules From the People's Republic of China: Partial Rescission of Antidumping Duty Administrative Review,” thefederalregister.org (August 4, 2015), https://thefederalregister.org/documents/2015-19161/crystalline-silicon-photovoltaic-cells-whether-or-not-assembled-into-modules-from-the-people-s-republic-of-china-partial.