Certain Crystalline Silicon Photovoltaic Products From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2023-2024
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.
Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on certain crystalline silicon photovoltaic products (solar products) from Taiwan. This review covers one exporter/producer, the sole mandatory respondent in this review, EEPV Corp. (EEPV). The period of review (POR) is February 1, 2023, through January 31, 2024. Commerce preliminary determines that sales of subject merchandise have not been made below normal value (NV) by EEPV during the POR. Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 111 (Wednesday, June 11, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 111 (Wednesday, June 11, 2025)]
[Notices]
[Pages 24588-24589]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10638]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-853]
Certain Crystalline Silicon Photovoltaic Products From Taiwan:
Preliminary Results of Antidumping Duty Administrative Review; 2023-
2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty (AD) order on certain
crystalline silicon photovoltaic products (solar products) from Taiwan.
This review covers one exporter/producer, the sole mandatory respondent
in this review, EEPV Corp. (EEPV). The period of review (POR) is
February 1, 2023, through January 31, 2024. Commerce preliminary
determines that sales of subject merchandise have not been made below
normal value (NV) by EEPV during the POR. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable June 11, 2025.
FOR FURTHER INFORMATION CONTACT: 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) 482-3936.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2024, Commerce published in the Federal Register a
notice of opportunity \1\ to request an administrative review of the AD
order on solar products from Taiwan.\2\ On February 29, 2024, Commerce
received a timely request for review from EEPV.\3\ On April 9, 2024, in
accordance with 19 CFR 351.221(c)(1)(i), Commerce published a notice of
initiation of an administrative review of the Order.\4\ On May 8, 2025,
we selected EEPV as the sole mandatory respondent in this
administrative review.\5\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 89 FR 7366 (February 2,
2024).
\2\ See Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Antidumping Duty Order, 80 FR 8596 (February 18, 2015)
(Order).
\3\ See EEPV's Letter, ``Request for Administrative Review,''
dated February 29, 2024.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 24780 (April 9, 2024).
\5\ See Memorandum, ``2023-2024 Antidumping Duty Administrative
Review of Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Respondent Selection,'' dated May 8, 2024.
---------------------------------------------------------------------------
On October 24, 2024, we postponed the preliminary results of this
review by 120 days until March 7, 2025.\6\ Additionally, on December 9,
2024, Commerce tolled the deadline to issue the preliminary results of
this administrative review by 90 days.\7\ Accordingly, the deadline for
these preliminary results is now June 5, 2025.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated October
24, 2024.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\8\
A list of the topics included in the Preliminary Decision Memorandum is
included in the 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 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 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>.
---------------------------------------------------------------------------
\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Crystalline Silicon Photovoltaic Products from Taiwan;
2023-2024'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this Order is solar products from
Taiwan. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.\9\
---------------------------------------------------------------------------
\9\ Id.; see also Order.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We
calculated export prices and NV in accordance with sections 772 and 773
of the Act, respectively. For a full description of the methodology
underlying our preliminary results of review, see the Preliminary
Decision Memorandum.
Preliminary Results of Review
We are preliminarily assigning the following weighted-average
dumping margin to EEPV for the period February 1, 2023, through January
31, 2024:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
EEPV....................................................... 0.00
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose its calculations for these preliminary
results of review to interested parties within five days of any public
announcement or, if there is no public announcement, within five days
of the date of publication of this notice in the Federal Register in
accordance with 19 CFR 351.224(b).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice.\10\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\11\ Interested parties who
submit case briefs or rebuttal briefs in this review must submit: (1) a
table of contents listing each issue; and (2) a table of
authorities.\12\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety in ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.309.
\11\ See 19 CFR 351.309(d); See also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\13\ Further,
we
[[Page 24589]]
request that interested parties limit their executive summary of each
issue to no more than 450 words, not including citations. We intend to
use the executive summaries as the basis of the comment summaries
included in the issues and decision memorandum that will accompany the
final results in this administrative review. We request that interested
parties include footnotes for relevant citations in the executive
summary of each issue. Note that Commerce has amended certain of its
requirements pertaining to the service of documents in 19 CFR
351.303(f).\14\
---------------------------------------------------------------------------
\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See APO and Service Final Rule, 88 FR at 67070.
---------------------------------------------------------------------------
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 by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants and
whether any participant is a foreign national; and (3) a list of the
issues that the party intends to discuss at the hearing. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, Commerce will inform
parties of the scheduled date for the hearing.\15\
---------------------------------------------------------------------------
\15\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Assessment Rate
In accordance with section 751(a)(2)(C) of the Act, the assessment
of antidumping duties on entries of merchandise covered by this review
shall be based on the final results of the review.\16\ Therefore, upon
issuance of the final results of this review, Commerce will determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise covered by
this review in accordance with 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
\16\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
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).
We will calculate importer-specific assessment rates for EEPV, in
accordance with 19 CFR 351.212(b)(1).\17\ Because EEPV reported entered
values for its sales, we will calculate importer-specific ad valorem
assessment rates for the company by dividing the total amount of
dumping calculated for all reviewed U.S. sales to the importer by the
total entered value of the merchandise sold to the importer.\18\
---------------------------------------------------------------------------
\17\ We applied the assessment rate calculation method adopted
in Antidumping Proceedings: Calculation of the Weighted-Average
Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
\18\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
Where either EEPV's ad valorem weighted-average dumping margin is
zero or de minimis, or an importer-specific ad valorem assessment rate
is zero or de minimis \19\ in the final results of review, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
---------------------------------------------------------------------------
\19\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
Pursuant to a refinement to Commerce's assessment practice, where
sales of subject merchandise that was produced or exported by an
individually examined respondent were not reported in the U.S. sales
data submitted by the respondent, but the merchandise was entered for
consumption in the United States during the POR, Commerce will instruct
CBP to liquidate any entries of such merchandise at the all-others rate
(i.e., 19.50 percent) \20\ if there is no rate for the intermediate
company(ies) involved in the transaction.\21\
---------------------------------------------------------------------------
\20\ See Order, 80 FR at 8597.
\21\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following 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 the company
listed above will be equal to each company's weighted-average dumping
margin established in the final results of this review, (except if the
ad valorem 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 previously investigated companies not participating in this review,
the cash deposit will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which the company participated; (3) if the exporter is not a firm
covered in this review, or the underlying investigation, but the
producer is, then the cash deposit rate will be the rate established
for the completed segment for the most recent POR for the producer of
the 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 less-than-fair-value investigation.\22\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\22\ See Order, 80 FR at 8597.
---------------------------------------------------------------------------
Final Results
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.\23\
---------------------------------------------------------------------------
\23\ See section 751(a)(3)(A) of the Act; See also 19 CFR
351.213(h)(1).
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a preliminary 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.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213(h)(2) and 351.221(b)(4).
Dated: June 5, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2025-10638 Filed 6-10-25; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>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.