Notice2023-04756
Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 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
March 8, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to a producer and/or exporter of certain crystalline silicon photovoltaic products (solar products) from the People's Republic of China (China) during the period of review (POR) January 1, 2021, through December 31, 2021. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 45 (Wednesday, March 8, 2023)</title>
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[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Notices]
[Pages 14331-14332]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04756]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-011]
Certain Crystalline Silicon Photovoltaic Products From the
People's Republic of China: Preliminary Results of Countervailing Duty
Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies were provided to a producer
and/or exporter of certain crystalline silicon photovoltaic products
(solar products) from the People's Republic of China (China) during the
period of review (POR) January 1, 2021, through December 31, 2021.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable March 8, 2023.
FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-8356.
SUPPLEMENTARY INFORMATION:
Background
On April 12, 2022, Commerce initiated this administrative review of
the countervailing duty (CVD) order on solar products from China.\1\
The sole mandatory company respondent is Trina Solar (Changzhou)
Science & Technology Co., Ltd. (Trina Solar). On January 24, 2023,
Commerce extended the time limit for these preliminary results to
February 28, 2023.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 21619 (April 12, 2022).
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated
October 17, 2022; see also Memorandum, ``Extension of Deadline for
Preliminary Results of 2021 Countervailing Duty Administrative
Review,'' dated January 24, 2023.
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For a complete description of the events that followed the
initiation of the review, see the Preliminary Decision Memorandum.\3\ A
list of topics discussed in the Preliminary Decision Memorandum is
included as an Appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic 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 Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade/gov/public/FRNoticesListLayout.aspx">https://access.trade/gov/public/FRNoticesListLayout.aspx</a>.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review, Certain
Crystalline Silicon Photovoltaic Products from the People's Republic
of China; 2021,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the order is modules, laminates and/or
panels consisting of crystalline silicon photovoltaic cells, whether or
not partially or fully assembled into other products, including
building integrated materials. For purposes of the order, subject
merchandise includes modules, laminates and/or panels assembled in
China consisting of crystalline silicon photovoltaic cells produced in
a customs territory other than China. For a complete description of the
scope of this order, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs preliminarily found to be
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution from an authority that gives
rise to a benefit to the recipient and that the subsidy is specific.\4\
For a full description of the methodology underlying Commerce's
preliminary conclusions, including Commerce's reliance, in part, on
facts available with adverse inferences pursuant to sections 776(a) and
(b) of the Act, see the Preliminary Decision Memorandum.
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\4\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Preliminary Results of Review
Commerce preliminarily determines the net countervailable subsidy
rate for
[[Page 14332]]
the period January 1, 2021, through December 31, 2021:
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\5\ This rate applies to Trina Solar (Changzhou) Science &
Technology Co., Ltd. and its cross-owned companies: Yancheng Trina
Solar Guoneng Science & Technology Co., Ltd.; Trina Solar (Su Qian)
Technology Co., Ltd.; Trina Solar Yiwu Technology Co., Ltd.; Trina
Solar Co., Ltd.; Trina Solar (Yancheng Dafeng) Co., Ltd.; Trina
Solar Science & Technology (Yancheng) Co., Ltd.; Trina Solar
(Suqian) Optoelectronics Co., Ltd.; Trina Solar (Changzhou)
Optoelectronic Device Co., Ltd.; Changzhou Trina Solar Yabang Energy
Co., Ltd.; Hubei Trina Solar Energy Co., Ltd.; Turpan Trina Solar
Energy Co., Ltd.; Trina Solar (Hefei) Science and Technology Co.,
Ltd.; Changzhou Hesai PV Ribbon Materials Co., Ltd.; Changzhou Hewei
New Material Technology Co., Ltd.; Changzhou Trina Hezhong PV Co.,
Ltd.; and Changzhou Trina PV Ribbon Materials Co., Ltd.
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Subsidy rate
Company (percent ad
valorem)
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Trina Solar (Changzhou) Science & Technology Co., Ltd 8.75
\5\....................................................
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Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), Commerce preliminarily
assigned a subsidy rate in the amount for the producer/exporter shown
above. Upon completion of the administrative review, consistent with
section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. 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 Rates
Pursuant to section 751(a)(1) of the Act, Commerce intends to
instruct CBP to collect cash deposits in the amounts indicated for the
producer/exporter listed above with regard to shipments of subject
merchandise entered or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this review. For
all non-reviewed firms, CBP will continue to collect cash deposits of
estimated countervailable duties at the all-others rate or the most
recent company-specific rate applicable to the company, as appropriate.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed in reaching the preliminary results within five days of
publication of these preliminary results, in accordance with 19 CFR
351.224(b).
Public Comment
Case briefs or other written documents may be submitted to the
Assistant Secretary for Enforcement and Compliance.\6\ A timeline for
the submission of case and rebuttal briefs and written comments will be
provided to interested parties at a later date.
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\6\ See 19 CFR 351.309(c) and (d).
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Pursuant to 19 CFR 351.301(c) and (d)(2), parties who wish to
submit case or rebuttal briefs in this review are requested to submit
for each argument: (1) a statement of the issue; (2) a brief summary of
the argument; and (3) a table of authorities. All briefs must be filed
electronically using ACCESS. Note that Commerce has modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\7\
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\7\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; 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, limited to issues raised in the case and rebuttal
briefs, must do so within 30 days after the date of publication of this
notice by submitting a written request to the Assistant Secretary for
Enforcement and Compliance.\8\ Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants and
whether a participant is a foreign national; and (3) a list of the
issues to be discussed. If a hearing request is made, Commerce intends
to hold the hearing at a time and date to be determined. Parties should
confirm by telephone the date, time, and location of the hearing two
days before the scheduled date.
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\8\ See 19 CFR 351.310(c).
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Unless the deadline is extended, Commerce intends to issue the
final results of this administrative review, which will include the
results of Commerce's analysis of the issues raised in the case briefs,
within 120 days after the date of the preliminary results, pursuant to
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Interested Parties
These preliminary results are issued and published pursuant to
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Diversification of China's Economy
VI. Subsidies Valuation
VII. Interest Rate Benchmarks, Discount Rates, and Benchmarks for
Measuring the Adequacy of Remuneration
VIII. Use of Facts Otherwise Available and Application of Adverse
Inferences
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2023-04756 Filed 3-7-23; 8:45 am]
BILLING CODE 3510-DS-P
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