Notice2021-19052
Certain Crystalline Silicon Photovoltaic Products From Taiwan: Final Results of Antidumping Duty Administrative Review; Partial Rescission of Antidumping Duty Administrative Review; Final Determination of No Shipments; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 3, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that certain crystalline silicon photovoltaic products (solar products) from Taiwan were sold in the United States at less than normal value during the period of review (POR), February 1, 2019, through January 31, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 169 (Friday, September 3, 2021)</title>
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[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Notices]
[Pages 49509-49512]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19052]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-853]
Certain Crystalline Silicon Photovoltaic Products From Taiwan:
Final Results of Antidumping Duty Administrative Review; Partial
Rescission of Antidumping Duty Administrative Review; Final
Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain
crystalline silicon photovoltaic products (solar products) from Taiwan
were sold in the United States at less than normal value during the
period of review (POR), February 1, 2019, through January 31, 2020.
DATES: Applicable September 3, 2021.
[[Page 49510]]
FOR FURTHER INFORMATION CONTACT: Zachary Shaykin or Thomas Martin, 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) 482-2638 or (202)
482-3936, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 29, 2021, Commerce published the Preliminary Results.\1\
On June 8, 2021, we received case briefs from Inventec Solar Energy
Corporation (ISEC),\2\ JA Solar International Limited (JA Solar),\3\
and United Renewable Energy Corporation (URE),\4\ and a letter in lieu
of a case brief from Canadian Solar companies.\5\ We received no
rebuttal briefs. For a complete description of the events that occurred
since the Preliminary Results, see the Issues and Decision
Memorandum.\6\
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\1\ See Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Preliminary Results; Preliminary Intent to Rescind and
Partial Rescission of Antidumping Duty Administrative Review; and
Preliminary Determination of No Shipments; 2019-2020, 86 FR 22630
(April 29, 2021) (Preliminary Results).
\2\ See ISEC's Letter, ``Certain Crystalline Silicon
Photovoltaic Products from Taiwan: Case Brief,'' dated June 8, 2021.
\3\ See JA Solar's Letter, ``Antidumping Duty Administrative
Review of Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Case Brief,'' dated June 8, 2021 (JA Solar's Case Brief).
\4\ See URE's Letter, ``Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Case Brief,'' dated June 8, 2021.
\5\ The Canadian Solar companies are: (1) Canadian Solar Inc.;
(2) Canadian Solar International Limited; (3) Canadian Solar
Manufacturing (Changshu), Inc.; (4) Canadian Solar Manufacturing
(Luoyang), Inc., and; (5) Canadian Solar Solutions Inc.
(collectively, Canadian Solar). See Canadian Solar's Letter,
``Certain Crystalline Silicon Photovoltaic Products from Taiwan
(2019-2020 Review): Letter in Lieu of Case Brief of Canadian
Solar,'' dated June 8, 2021.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2019-2020 Administrative Review of the
Antidumping Duty Order on Certain Crystalline Silicon Photovoltaic
Products from Taiwan,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>7</SUP>
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\7\ See Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Antidumping Duty Order, 80 FR 8596 (February 18, 2015)
(Order).
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The merchandise covered by the Order is solar products from Taiwan.
For a complete description of the scope of this review, see the Issues
and Decision Memorandum.\8\
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\8\ Id.
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Analysis of Comments Received
All issues raised in the case briefs that were submitted by parties
in this administrative review are addressed in the Issues and Decision
Memorandum. A list of the sections of the Issues and Decision
Memorandum are in the 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="http://enforcement.trade.gov/frn">http://enforcement.trade.gov/frn</a>.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made changes
to the weighted-average dumping margin for the ISEC/E-TON entity \9\
and the weighted-average rate for companies not selected for individual
review in this administrative review; \10\ however, no changes were
made to the weighted-average dumping margin for URE. In addition, we:
(1) Corrected the name of certain Canadian Solar companies from the
Preliminary Results and from the draft U.S. Customs and Border
Protection (CBP) instructions that we released for comment; \11\ and
(2) added certain case numbers to Commerce's draft customs
instructions.\12\
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\9\ Commerce has determined to collapse Inventec Solar Energy
Corporation and E-TON Solar Tech. Co., Ltd., and treat these
companies as a single entity for the purposes of this review, in
accordance with 19 CFR 351.401(f). See Memorandum, ``2019-2020
Administrative Review of Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Affiliation and Single Entity Treatment
Memorandum,'' dated April 23, 2021.
\10\ See Issues and Decision Memorandum at Comment 1.
\11\ Id. at Comment 4.
\12\ Id. at Comment 5.
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Partial Recission of Administrative Review
We originally initiated this review with respect to Inventec Energy
Corporation (IEC).\13\ On March 5, 2021, ISEC reported that IEC ceased
business operations, and was dissolved and liquidated prior to the
POR.\14\ Therefore, pursuant to 19 CFR 351.213(d)(3) and in accordance
with the Preliminary Results and Commerce practice, we have completed
this review with respect to IEC, and continue to conclude that IEC had
no shipments during the POR. Thus, pursuant to 19 CFR 351.213(d)(3),
Commerce has rescinded this administrative review with respect to IEC.
Therefore, Commerce will issue the appropriate instructions to CBP
based on these final results.
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\13\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 19730, 19735 (April 8, 2020).
\14\ See Memorandum, ``Certain Crystalline Silicon Photovoltaic
Products from Taiwan--Inventec's Sections A Supplemental
Questionnaire Response,'' dated March 5, 2021.
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Final Determination of No Shipments
As noted in the Preliminary Results, we received no-shipment claims
from seven producers and/or exporters under review, and we
preliminarily determined that these seven companies had no shipments
during the POR.\15\ We received no comments from interested parties
with respect to these claims. Therefore, because we have not received
any information to contradict our preliminary no-shipment
determination, nor comment in opposition to our preliminary finding and
record evidence indicates that these seven companies had no entries of
subject merchandise to the United States during the POR, we continue to
find that they had no shipments during the POR.\16\ Consistent with our
practice, we have completed the review with respect to these seven
companies and will issue appropriate instructions to CBP based on our
final results. We will instruct CBP to liquidate any existing entries
of subject merchandise produced by the seven companies, but exported by
other parties, at the rate for the intermediate reseller, if available,
or at the all-others rate.
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\15\ See Preliminary Results, 86 FR at 22632. These companies
are AU Optronics Corporation; Canadian Solar Inc.; Canadian Solar
International Limited.; Canadian Solar Manufacturing (Changshu),
Inc.; Canadian Solar Manufacturing (Luoyang), Inc.; Canadian Solar
Solutions Inc.; and Vina Solar Technology Co., Ltd.
\16\ See Preliminary Results, 86 FR at 22632.
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Final Rates for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to individual respondents not
selected for examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Tariff Act
of 1930, as amended (the Act). Generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation, for guidance when calculating the
rate for respondents which we did not individually examine in an
administrative review. Section 735(c)(5)(A) of the Act establishes a
preference to avoid using rates which are zero, de minimis, or based
entirely on facts available (FA) in calculating an all-others rate.
Accordingly,
[[Page 49511]]
Commerce's practice in administrative reviews has been to average the
weighted-average dumping margins for the companies selected for
individual examination in the administrative review, excluding rates
that are zero, de minimis, or based entirely on FA. For these final
results of review, we have calculated weighted-average dumping margins
that are not zero, de minimis, or determined entirely on the basis of
facts available.\17\ Accordingly, Commerce assigns to the companies not
individually examined in this review a dumping margin of 7.89 percent,
which is the weighted-average of the dumping margins calculated using
the public ranged sales data of ISEC and E-TON, and URE.
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\17\ In the case of two mandatory respondents, our practice is
to calculate: (A) A weighted average of the dumping margins
calculated for the mandatory respondents; (B) a simple average of
the dumping margins calculated for the mandatory respondents; and
(C) a weighted average of the dumping margins calculated for the
mandatory respondents using each company's publicly ranged values
for the merchandise under consideration. We compare (B) and (C) to
(A) and select the rate closest to (A) as the most appropriate rate
for all other companies. See Certain Crystalline Silicon
Photovoltaic Products from Taiwan: Final Results of Antidumping Duty
Administrative Review; 2014-2016, 82 FR 31555, 31556 (July 7, 2017).
We have applied that practice here. See Memorandum, ``Calculation of
the Rate for Non-Selected Respondents,'' dated concurrently with
this notice.
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Final Results of the Review
As a result of this review, Commerce determines the following
weighted-average dumping margins exist for the mandatory respondents,
the ISEC/E-TON entity and URE, for the period February 1, 2019, through
January 31, 2020.
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Weighted-
average
Producers/exporters dumping
margin
(percent)
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Inventec Solar Energy Corporation and E-TON Solar Tech Co., 21.87
Ltd........................................................
United Renewable Energy Co., Ltd............................ 1.27
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Review-Specific Average Rate Applicable to the Following Companies:
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Weighted-
average
Producers/exporters dumping
margin
(percent)
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Baoding Jiasheng Photovoltaic Technology Co. Ltd............ 7.89
Baoding Tianwei Yingli New Energy Resources Co., Ltd........ 7.89
Beijing Tianneng Yingli New Energy Resources Co. Ltd........ 7.89
Boviet Solar Technology Co., Ltd............................ 7.89
EEPV CORP................................................... 7.89
Hainan Yingli New Energy Resources Co., Ltd................. 7.89
Hengshui Yingli New Energy Resources Co., Ltd............... 7.89
Kyocera Mexicana S.A. de C.V................................ 7.89
Lixian Yingli New Energy Resources Co., Ltd................. 7.89
Motech Industries, Inc...................................... 7.89
Shenzhen Yingli New Energy Resources Co., Ltd............... 7.89
Sunengine Corporation Ltd................................... 7.89
Sunrise Global Solar Energy................................. 7.89
Tianjin Yingli New Energy Resources Co., Ltd................ 7.89
TSEC Corporation............................................ 7.89
Win Win Precision Technology Co., Ltd....................... 7.89
Yingli Energy (China) Co., Ltd.............................. 7.89
Yingli Green Energy International Trading Company Limited... 7.89
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Disclosure
We intend to disclose the calculations performed in connection with
these final results to parties in this proceeding within five days
after the date of publication of this notice, in accordance with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review. Pursuant to 19 CFR
351.212(b)(1), we calculated importer-specific ad valorem duty
assessment rates based on the ratio of the total amount of dumping
calculated for the examined sales to the total entered value of those
sales. Where either the respondent's weighted-average dumping margin is
zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or an
importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
For the companies which were not selected for individual review, we
will instruct CBP to assess antidumping duties at an ad valorem rate
equal to each company's weighted-average dumping margin identified
above. The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.\18\
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\18\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by each
mandatory respondent for which it did
[[Page 49512]]
not know its merchandise was destined for the United States, or for
entries associated with the seven companies that had no shipments
during the POR, we will instruct CBP to liquidate such entries at the
all-others rate if there is no rate for the intermediate company(-ies)
involved in the transaction.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific
company listed above will be equal to the weighted-average dumping
margin that is established in the final results of this review, (2) for
previously investigated companies not listed above, including the
companies which Commerce has determined had no shipments in these final
results, 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 companies participated; (3) if the exporter is
not a firm covered in this review, a prior review, or the original
less-than-fair-value (LTFV) investigation, but the producer is, then
the cash deposit rate will be the cash deposit rate established for the
most recently completed segment for the producer of the subject
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 19.50 percent, the all-others rate
established in the LTFV investigation.\19\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\19\ See Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Final Determination of Sales at Less Than Fair Value, 79 FR
76966, 76969 (December 23, 2014).
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Notification to Importers
This notice serves as a final 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 review period. 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.
Administrative Protective Order
This notice also serves as the final 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(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This notice 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) and 19 CFR
351.213(h).
Dated: August 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Sections in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Final Determination of No Shipments
V. Partial Recission of Administrative Review
VI. Changes Since the Preliminary Results
VII. Discussion of the Issues
Comment 1: Whether Commerce Made a Clerical Error in the Normal
Value Calculation in Certain Instances for Certain Control Number
(CONNUM) Models
Comment 2: Whether to Attribute Certain U.S. sales to ISEC or
its Customer Pursuant to the Knowledge Test
Comment 3: Whether Commerce Should Collapse ISEC and E-TON into
a Single Entity
Comment 4: Name Correction for Certain Canadian Solar Companies
Comment 5: Whether to Include an Additional Case Number to
Liquidation and Cash Deposit Instructions with Respect to URE
VIII. Recommendation
[FR Doc. 2021-19052 Filed 9-2-21; 8:45 am]
BILLING CODE 3510-DS-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.