Notice2021-24257
Certain Crystalline Silicon Photovoltaic Products From Taiwan: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2020-2021
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
November 5, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
In response to requests from interested parties, the Department of Commerce (Commerce) is rescinding the administrative review, in part, of the antidumping duty order on certain crystalline silicon photovoltaic products (solar products) from Taiwan during the period of review (POR), February 1, 2020, to January 31, 2021. Specifically, Commerce is rescinding the review with respect to eleven companies under review, including the mandatory respondents, Inventec Solar Energy Corporation (ISEC) and Sino-American Silicon Products Inc. (SAS), because all requests to review these companies have been timely withdrawn. Moreover, Commerce preliminarily determines that sixteen of the companies under review made no shipments of solar products from Taiwan during the POR. Finally, with respect to the companies that did not submit no-shipment certifications and were not selected as mandatory respondents, we have determined to preliminarily apply a rate of 7.89 percent, i.e., the non-selected rate from the prior administrative review under this antidumping duty order. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 212 (Friday, November 5, 2021)</title>
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[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Notices]
[Pages 61131-61133]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24257]
[[Page 61131]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-853]
Certain Crystalline Silicon Photovoltaic Products From Taiwan:
Preliminary Results of Antidumping Duty Administrative Review, Partial
Rescission of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (Commerce) is rescinding the administrative
review, in part, of the antidumping duty order on certain crystalline
silicon photovoltaic products (solar products) from Taiwan during the
period of review (POR), February 1, 2020, to January 31, 2021.
Specifically, Commerce is rescinding the review with respect to eleven
companies under review, including the mandatory respondents, Inventec
Solar Energy Corporation (ISEC) and Sino-American Silicon Products Inc.
(SAS), because all requests to review these companies have been timely
withdrawn. Moreover, Commerce preliminarily determines that sixteen of
the companies under review made no shipments of solar products from
Taiwan during the POR. Finally, with respect to the companies that did
not submit no-shipment certifications and were not selected as
mandatory respondents, we have determined to preliminarily apply a rate
of 7.89 percent, i.e., the non-selected rate from the prior
administrative review under this antidumping duty order. We invite
interested parties to comment on these preliminary results.
DATES: Applicable November 5, 2021.
FOR FURTHER INFORMATION CONTACT: Thomas Martin or Zachary Shaykin, 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) 482-3936 or (202)
482-2638, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 2021, in accordance with 19 CFR 351.221(c)(1)(i), we
initiated this administrative review of the antidumping duty order on
solar products from Taiwan \1\ covering thirty-one producers and/or
exporters of the subject merchandise.\2\ On June 10, 2021, Commerce
selected ISEC and SAS as the mandatory respondents.\3\
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\1\ See Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Antidumping Duty Order, 80 FR 8596 (February 18, 2015)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 17124, 17131 (April 1, 2021)
(Initiation Notice).
\3\ See Memorandum, ``2020-2021 Antidumping Duty Administrative
Review of Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Respondent Selection,'' dated June 10, 2021.
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On June 3, 2021, SunPower Manufacturing Oregon LLC (SPMOR, a
domestic producer and domestic interested party) withdrew its request
for administrative review of all twenty-nine companies it originally
requested,\4\ and on June 30, 2021, Auxin Solar, Inc. (Auxin, a
domestic producer, domestic importer, and domestic interested party)
withdrew its request for review of eleven of the thirty-one companies
it originally requested, including the mandatory respondents.\5\
Accordingly, pursuant to 19 CFR 351.213(d)(1), Commerce is rescinding
the administrative review, in part, with respect to the companies fully
withdrawn by SPMOR and Auxin. The review remains active with respect to
the remaining 20 companies.\6\
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\4\ See SPMOR's Letter, ``Certain Crystalline Silicon
Photovoltaic Products from Taiwan--Withdrawal of Request for
Administrative Review,'' dated June 3, 2021 (SPMOR's Withdrawal
Request).
\5\ See Auxin's Letter, ``Certain Crystalline Silicon
Photovoltaic Products from Taiwan: Withdrawal of Request for
Administrative Review of Antidumping Order,'' dated June 30, 2021
(Auxin's Withdrawal Request). Auxin withdrew its request for
administrative review with respect to the following companies: (1)
EEPV Corporation; (2) E-TON Solar Tech. Co., Ltd.; (3) Inventec
Energy Corporation; (4) Inventec Solar Energy Corporation; (5) Ming
Hwei Energy Co., Ltd.; (6) Motech Industries, Inc.; (7) SAS; (8)
Sunengine Corporation Ltd.; (9) TSEC Corporation; (10) United
Renewable Energy Co., Ltd.; and (11) Win Win Precision Technology
Co., Ltd.
\6\ The remaining companies in this administrative review are:
(1) AU Optronics Corporation; (2) Baoding Jiasheng Photovoltaic
Technology Co. Ltd. (Baoding Jiasheng); (3) Baoding Tianwei Yingli
New Energy Resources Co., Ltd.; (4) Beijing Tianneng Yingli New
Energy Resources CO. Ltd.; (5) Boviet Solar Technology Co., Ltd.
(Boviet); (6) Canadian Solar Inc.; (7) Canadian Solar International,
Ltd.; (8) Canadian Solar Manufacturing (Chang shu), Inc.; (9)
Canadian Solar Manufacturing (Luoyang), Inc.; (10) Canadian Solar
Solution Inc.; (11) Hainan Yingli New Energy Resources Co., Ltd.;
(12) Hengshui Yingli New Energy Resources Co., Ltd.; (13) Kyocera
Mexicana S.A. de C.V. (Kyocera); (14) Lixian Yingli New Energy
Resources Co., Ltd.; (15) Shenzhen Yingli New Energy Resources Co.,
Ltd.; (16) Sunrise Energy Co. Ltd. (Sunrise); (17) Tianjin Yingli
New Energy Resources Co., Ltd.; (18) Vina Solar; (19) Yingli Energy
(China) Co., Ltd.; and (20) Yingli Green Energy International
Trading Company Limited.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of Tariff Act of 1930, as amended (the Act).
Scope of the Order
The products covered by the Order are solar products from
Taiwan.\7\ Imports of subject merchandise are classified under the
Harmonized Tariff Schedule of the United States (HTSUS) subheadings:
8501.61.0010, 8507.20.80, 8541.40.6015, 8541.40.6025, and 8501.31.8010.
These HTSUS subheadings are provided for convenience and customs
purposes; the written description of the scope of the Order is
dispositive.\8\
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\7\ See Order.
\8\ Id.
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Rescission of Administrative Review in Part
Section 351.213(d)(1) of Commerce's regulations provides that
Commerce will rescind an administrative review, in whole or in part, if
the party that requested the review withdraws its request for review
within 90 days of the date of publication of the notice of initiation
of the requested review. Commerce published the Initiation Notice on
April 1, 2021.\9\ On June 3, 2021, SPMOR withdrew its request for
review for all twenty-nine companies it had requested.\10\ On June 30,
2021, Auxin withdrew its request for review of eleven of the thirty-one
companies it had originally requested: (1) EEPV CORP.; (2) E-TON Solar
Tech. Co., Ltd.; (3) Inventec Energy Corporation; (4) ISEC; (5) Ming
Hwei Energy Co., Ltd.; (6) Motech Industries, Inc.; (7) SAS; (8)
Sunengine Corporation Ltd.; (9) TSEC Corporation; (10) United Renewable
Energy Co., Ltd.; and (11) Win Win Precision Technology Co., Ltd.\11\
Because the review requests for these eleven companies were timely
withdrawn, and because no other party requested a review of any of
them, we are rescinding the reviews with respect to the eleven
companies stated above. The review will continue with respect to all
other entities listed in the Initiation Notice.
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\9\ See Initiation Notice.
\10\ See SPMOR's Withdrawal Request.
\11\ See Auxin's Withdrawal Request.
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Preliminary Determination of No Shipments
Sixteen producers and/or exporters under review properly filed a
certification reporting that they made no shipments of subject
merchandise during the POR: (1) AU Optronics
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Corporation (AU); \12\ (2) Canadian Solar Inc., (3) Canadian Solar
International Limited, (4) Canadian Solar Manufacturing (Changshu),
Inc., (5) Canadian Solar Manufacturing (Luoyang), Inc., (6) Canadian
Solar Solutions Inc. (the Canadian companies); \13\ (7) Vina Solar
Technology Co., Ltd. (Vina Solar); \14\ (8) Baoding Tianwei Yingli New
Energy Resources Co., Ltd.; (9) Beijing Tianneng Yingli New Energy
Resources Co., Ltd.; (10) Hainan Yingli New Energy Resources Co., Ltd.;
(11) Hengshui Yingli New Energy Resources Co., Ltd.; (12) Lixian Yingli
New Energy Resources Co., Ltd.; (13) Shenzhen Yingli New Energy
Resources Co., Ltd.; (14) Tianjin Yingli New Energy Resources Co.,
Ltd.; (15) Yingli Energy (China) Co., Ltd.; and (16) Yingli Green
Energy International Trading Company Limited (Yingli).\15\ On May 17,
2021, Vina Solar, the only potential respondent left in this
administrative review with reviewable entries of subject merchandise
during the POR, commented on Commerce's U.S. Customs and Border
Protection (CBP) data release \16\ that it made no shipments of subject
merchandise to the United States during the POR, and that Commerce
should revise the CBP data.\17\ No other parties commented on the CBP
data release. We contacted CBP to corroborate Vina Solar's statements
during the POR. We requested entry summaries from CBP to determine that
Vina Solar had no entries of subject merchandise during the POR. We
reviewed the entry summaries we received from CBP. Based on our
analysis of these entry summaries, we did not find any information to
contradict Vina Solar's claims of no shipments during the POR.\18\
Therefore, we preliminarily determine that none of the above sixteen
companies (i.e., including Vina Solar) had shipments of subject
merchandise during the POR.
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\12\ See AU's Letter, ``Certain Crystalline Silicon Photovoltaic
Products from Taiwan--Notice of No Sales or Exports,'' dated April
20, 2021.
\13\ See Canadian Companies' Letter, ``Crystalline Silicon
Photovoltaic Products from Taiwan, Case No. A-583-853: No Shipment
Letter,'' dated April 27, 2021.
\14\ See Vina Solar's Letter, ``Certain Crystalline Silicon
Photovoltaic Products from Taiwan--Notice of No Sales or Exports,''
dated April 30, 2021.
\15\ See Yingli's Letter, ``Certain Crystalline Silicon
Photovoltaic Products from Taiwan: Yingli's No Shipment
Certification,'' dated April 30, 2021.
\16\ See Memorandum, ``Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Release of Customs and Border Protection
Data,'' dated May 10, 2021 (CBP Data Release).
\17\ See Vina Solar's Letter, ``Certain Crystalline Silicon
Photovoltaic Products from Taiwan: Comment on CBP Data,'' dated May
17, 2021.
\18\ Commerce issued a no-shipment inquiry to CBP on June 6,
2021. See Memorandum, ``Notification of Receipt of U.S. Entry
Documents,'' dated July 2, 2021.
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Consistent with Commerce's practice,\19\ Commerce finds that it is
not appropriate to rescind the review with respect to these sixteen
companies, but rather to complete the review and issue appropriate
instructions to CBP based on the final results of this review.
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\19\ See, e.g., Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from the Republic of Turkey: Preliminary Results of
Antidumping Duty Administrative Review and Preliminary Determination
of No Shipments; 2017-2018, 84 FR 34863 (July 19, 2019), and
accompanying Preliminary Decision Memorandum at 4.
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Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a less-
than-fair-value investigation, for guidance when calculating the rate
for companies which were not selected for individual examination in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted-average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In the instant review, the CBP data query \20\ did not show any
entries of subject merchandise exported by Baoding Jiasheng, Boviet,
Kyocera, or Sunrise \21\ during the POR, the remaining non-selected
respondents that did not submit a certification of no shipments. Thus,
there is no basis for selecting any of the above companies as mandatory
respondents.\22\ Accordingly, because there are no companies in the
instant review for which we are calculating a rate that can be applied
to the above companies, we have determined to preliminarily apply a
rate of 7.89 percent to Baoding Jiasheng, Boviet, Kyocera, and Sunrise
as non-selected respondents, which is the weighted-average dumping
margin determined and assigned to the non-selected respondents in the
previous (fifth) administrative review of the Order.\23\
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\20\ See CBP Data Release.
\21\ These three companies are the remaining non-selected
respondents in this review that did not submit letters of no
shipment.
\22\ See CBP Data Release at Attachment.
\23\ See 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, 86 FR 49509, 49510-11
(September 3, 2021), and accompanying Issues and Decision
Memorandum.
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Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\24\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
seven days after the time limit for filing case briefs.\25\ Parties who
submit case briefs or rebuttal briefs in this proceeding are encouraged
to submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\26\ Case and
rebuttal briefs must be filed electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS) and must also be served on interested parties.
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\24\ See 19 CFR 351.309(c)(1)(ii).
\25\ See 19 CFR 351.309(d)(1).
\26\ See 19 CFR 351.309(c)(2) and (d)(2); see also Temporary
Rule Modifying AD/CVD Service Requirements Due to COVID19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically-filed document must be received successfully
in its entirety in ACCESS by 5 p.m. Eastern Time within 30 days after
the date of publication of this notice.\27\ Hearing requests should
contain: (1) The interested party's name, address, and telephone
number; (2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to issues
raised in the briefs. If a request for a hearing is made, Commerce
intends to hold the hearing at a time and date to be determined.\28\
Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, no later than 120 days after the publication of these
preliminary results in the Federal Register, unless otherwise
extended.\29\
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\27\ See 19 CFR 351.310(c).
\28\ Id.
\29\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h).
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Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP
[[Page 61133]]
shall assess, antidumping duties on all appropriate entries covered by
this review.\30\ 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).
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\30\ See 19 CFR 351.212(b).
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As discussed above, we are rescinding the review with respect to
eleven companies, including the mandatory respondents. For the
companies that were not selected for individual examination but did not
file no shipment certifications, upon issuance of the final results, we
will instruct CBP to assess antidumping duties at an ad valorem rate
equal to the non-selected rate, which we preliminarily determine to be
7.89 percent, as described above.
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent which did not know that its merchandise was destined for the
United States, and for all the companies for which we reach final
findings of no shipments, we will instruct CBP to liquidate entries not
reviewed at the all-others rate established in the original less-than-
fair value (LTFV) investigation (i.e., 19.50 percent) if there is no
rate for the intermediate company(ies) involved in the transaction.
Cash Deposit Requirements
The following cash deposit requirements will be in effect 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 the companies
receiving the non-selected rate will be the rate established in the
final results of this review, (except if the rate is de minimis within
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit
rate will be zero); (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; (3) if
the exporter is not a firm covered in a prior review, or the original
investigation, but the manufacturer is, then the cash deposit rate will
be the rate established for the most recently completed segment 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, the
all-others cash deposit rate established in the Final Determination of
the less than fair value investigation of solar products from
Taiwan.\31\ These cash deposit requirements, when imposed, shall remain
in effect until further notice.
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\31\ See Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Final Determination of Sales at Less Than Fair Value, 79 FR
76966 (December 23, 2014).
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1)
and 351.221(b)(4).
Dated: November 1, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2021-24257 Filed 11-4-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 5, 2021.
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