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
| Published date | 29 April 2021 |
| Citation | 86 FR 22630 |
| Record Number | 2021-08921 |
| Section | Notices |
| Court | International Trade Administration |
Federal Register, Volume 86 Issue 81 (Thursday, April 29, 2021)
[Federal Register Volume 86, Number 81 (Thursday, April 29, 2021)]
[Notices]
[Pages 22630-22633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08921]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-853]
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
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that 20 companies, including the mandatory respondents, the Inventec
Solar Energy Corporation (ISEC) and E-TON Solar Tech. Co., Ltd. (E-TON)
single entity (ISEC/E-TON entity), and United Renewable Energy Co.,
Ltd. (URE), producers and exporters of certain crystalline silicon
photovoltaic products (solar products) from Taiwan, sold subject
merchandise in the United States at prices below normal value during
the period of review (POR) February 1, 2019, through January 31, 2020.
Commerce preliminarily intends to rescind the antidumping
administrative review with respect to one company, Inventec Energy
Corporation (IEC). In addition, Commerce preliminarily determines
[[Page 22631]]
that seven exporters had no shipments during the POR. Lastly, Commerce
has rescinded the review initiated for five companies. We invite all
interested parties to comment on these preliminary results.
DATES: Applicable April 29, 2021.
FOR FURTHER INFORMATION CONTACT: Thomas Martin and 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 and (202)
482-2316, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on solar products from Taiwan,\1\ in accordance with section
751(a)(1)(B) of Tariff Act of 1930, as amended (the Act). On April 8,
2020, in accordance with 19 CFR 351.221(c)(1)(i), we initiated this
administrative review of the Order covering thirty-four producers and/
or exporters of the subject merchandise.\2\ On June 3, 2020, Commerce
selected ISEC and URE 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, 85 FR 19730 (April 8, 2020) (Initiation
Notice).
\3\ See Memorandum, ``2019-2020 Antidumping Duty Administrative
Review of Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Respondent Selection,'' dated June 3, 2020.
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On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days.\4\ Subsequently, on July 21, 2020, Commerce tolled
certain deadlines in administrative reviews by an additional 60
days.\5\ On February 8, 2021, we postponed the preliminary results of
this review by 64 days until April 23, 2021.\6\ For a detailed
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\7\
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\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\6\ See Memorandum, ``Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Extension of Deadline for Preliminary Results
of the 2019-2020 Antidumping Duty Administrative Review,'' dated
February 8, 2021.
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results and Partial Rescission of Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments: Certain
Crystalline Silicon Photovoltaic Products from Taiwan; 2019-2020,''
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 solar products. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.\8\
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\8\ Id.; see also Order.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Export prices are calculated in accordance with
section 772 of the Act and normal value is calculated in accordance
with section 773 of the Act. For a full description of the methodology
underlying these preliminary results, see the Preliminary Decision
Memorandum. A list of topics discussed in the Preliminary Decision
Memorandum is attached 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 Service System (ACCESS).
ACCESS is available to registered users at http://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at http://enforcement.trade.gov/frn/.
Preliminary Intent To Rescind Administrative Review in Part
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review with respect to a particular exporter
or producer when Commerce concludes that it had no shipments (e.g., no
reviewable entries of subject merchandise) during the POR subject to
the antidumping duty order. At the end of an administrative review, the
suspended entries are liquidated at the assessment rate computed for
the review period.\9\ Therefore, for an administrative review to be
conducted, there must be a reviewable, suspended entry to be liquidated
at the newly calculated assessment rate.
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\9\ See 19 CFR 351.212(b)(1).
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On March 5, 2021, ISEC reported that IEC ceased business
operations, and was dissolved and liquidated prior to the POR.\10\ As
such, Commerce has preliminarily concluded that IEC had no shipments
during the POR. Thus, Commerce preliminary intends to rescind this
administrative review with respect to IEC pursuant to 19 CFR
351.213(d)(3). Consistent with Commerce's practice,\11\ Commerce
intends to complete the review and issue appropriate instructions to
U.S. Customs and Border Protection (CBP) based on the final results of
this review.
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\10\ See Memorandum, ``Certain Crystalline Silicon Photovoltaic
Products from Taiwan--Inventec's Sections A Supplemental
Questionnaire Response,'' dated March 5, 2021.
\11\ 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) (Heavy
Walled Pipe from Turkey), and accompanying Preliminary Decision
Memorandum at 4.
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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 8, 2020.\12\ On April 29, 2020, SunPower Manufacturing Oregon,
LLC (the petitioner) withdrew its request for review of Sino-American
Silicon Products Inc. (SAS) and Solartech Energy Corporation
(Solartech).\13\ On May 20, 2020, Mega Sunergy Co., Ltd. (Mega)
withdrew its request for review for itself.\14\ Because the review
requests for SAS and Mega were timely withdrawn, and because no other
party requested a review of SAS and Mega, we are rescinding the reviews
with respect to SAS and Mega.
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\12\ See Initiation Notice.
\13\ See Petitioner's Letter, ``Certain Crystalline Silicon
Photovoltaic Products From Taiwan--Partial Withdrawal of Request for
Administrative Review,'' dated April 29, 2020.
\14\ See Mega's Letter, ``Certain Crystalline Silicon
Photovoltaic Products from Taiwan, Case No. A-583-853 WITHDRAWAL OF
REQUEST FOR ADMINISTRATIVE REVIEW,'' dated May 20, 2020.
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Additionally, Commerce previously determined in a changed
circumstances review that URE is the successor-in-interest to
Solartech, as well as Gintech Energy Corporation (Gintech), and Neo
Solar Power Corporation (Neo Solar).\15\ Therefore, because Solartech,
Gintech, and Neo Solar are no longer in existence, Commerce is
partially rescinding this administrative review with respect to
Solartech, Gintech, and Neo Solar, in accordance with 19 CFR
351.213(d)(3). The review will continue with respect to all other
entities listed in the Initiation Notice.
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\15\ See Certain Crystalline Silicon Photovoltaic Products From
Taiwan: Notice of Final Results of Antidumping Duty Changed
Circumstances Review, 84 FR 37836 (August 2, 2019).
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[[Page 22632]]
Preliminary Determination of No Shipments
Seven 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 Corporation; (2) Canadian
Solar Inc.; (3) Canadian Solar International, Ltd.; (4) Canadian Solar
Manufacturing (Changshu), Inc.; (5) Canadian Solar Manufacturing
(Luoyang), Inc.; (6) Canadian Solar Solution Inc.; and (7) Vina Solar
Technology Co., Ltd.\16\ CBP did not have any information to contradict
these claims of no shipments during the POR.\17\ Therefore, we
preliminarily determine that these companies did not have shipments of
subject merchandise during the POR. Consistent with Commerce's
practice,\18\ Commerce finds that it is not appropriate to rescind the
review with respect to these seven 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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\16\ See Preliminary Decision Memorandum at 3.
\17\ Id. at 7.
\18\ See, e.g., Heavy Walled Pipe from Turkey 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 this review, we have preliminarily calculated weighted-average
dumping margins for the combined entity of ISEC and E-TON,\19\ and URE,
that are not zero, de minimis, or determined entirely on the basis of
facts available. Accordingly, we have preliminarily assigned to the
companies not individually examined in this review a margin of 11.32
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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\19\ As discussed in the Preliminary Decision Memorandum,
Commerce has preliminarily determined to collapse Inventec Solar
Energy Corporation and E-TON Solar Tech. Co., Ltd., and treat these
companies as a single entity, in accordance with 19 CFR 351.401(f).
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Preliminary Results of the Review
We preliminarily assign the following weighted-average dumping
margins to the firms listed below 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., 32.54
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............ 11.32
Baoding Tianwei Yingli New Energy Resources Co., Ltd........ 11.32
Beijing Tianneng Yingli New Energy Resources Co. Ltd........ 11.32
Boviet Solar Technology Co., Ltd............................ 11.32
EEPV CORP................................................... 11.32
Hainan Yingli New Energy Resources Co., Ltd................. 11.32
Hengshui Yingli New Energy Resources Co., Ltd............... 11.32
Kyocera Mexicana S.A. de C.V................................ 11.32
Lixian Yingli New Energy Resources Co., Ltd................. 11.32
Motech Industries, Inc...................................... 11.32
Shenzhen Yingli New Energy Resources Co., Ltd............... 11.32
Sunengine Corporation Ltd................................... 11.32
Sunrise Global Solar Energy................................. 11.32
Tianjin Yingli New Energy Resources Co., Ltd................ 11.32
TSEC Corporation............................................ 11.32
Win Win Precision Technology Co., Ltd....................... 11.32
Yingli Energy (China) Co., Ltd.............................. 11.32
Yingli Green Energy International Trading Company Limited... 11.32
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Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\20\ The final results of this review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by this review and for future deposits of estimated duties,
where applicable.\21\ 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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\20\ See 19 CFR 351.212(b).
\21\ See section 751(a)(2)(C) of the Act.
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Pursuant to 19 CFR 351.212(b)(1), where an examined respondent's
weighted-average dumping margin is not zero or de minimis (i.e., less
than 0.5 percent), we calculated an importer-specific ad valorem duty
assessment rate based on the ratio of the total amount of dumping
calculated for the U.S. sales for a given importer to the total entered
value of those sales. Where the mandatory respondent did not report
entered value, we calculated the entered value in order to calculate
the assessment rate. 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 that were not selected for individual
examination, we will instruct CBP to assess antidumping duties at an ad
valorem rate equal to each company's weighted-average dumping margin
determined in the final results of this review.
For entries of subject merchandise during the POR produced by the
ISEC/E-TON entity or URE for which these companies did not know that
its merchandise was destined for the United States and for all entries
attributed to the companies that we find had no shipments during the
POR, we will instruct CBP to liquidate such unreviewed entries pursuant
to the reseller policy,\22\ i.e., the assessment rate for such entries
will be equal to the all-others rate established in the investigation
(i.e., 19.50 percent),\23\ if there is no rate for the intermediate
[[Page 22633]]
company(ies) involved in the transaction.
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\22\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\23\ See Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Final Determination of Sales at Less Than Fair Value, 79 FR
76966, 796969 (December 23, 2014) (Final Determination).
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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 each specific
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 underlying investigation.\24\
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\24\ See Final Determination.
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These deposit requirements, when imposed, shall remain in effect
until further notice.
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice in accordance
with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\25\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than seven days after the time limit for filing case briefs.\26\
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.\27\ Executive summaries should be limited to five pages
total, including footnotes. Case and rebuttal briefs should be filed
using ACCESS and must be served on interested parties.\28\ Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\29\
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\25\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\26\ See 19 CFR 351.309(d)(1).
\27\ See 19 CFR 351.309(c)(2) and (d)(2).
\28\ See 19 CFR 351.303.
\29\ 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 must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Hearing requests should contain: (1) The 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.\30\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\30\ See 19 CFR 351.310(c).
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An electronically-filed request for a hearing must be received
successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30
days after the date of publication of this notice.\31\ Commerce intends
to issue the final results of this administrative review, including the
results of its analysis of issues raised in all written briefs, not
later than 120 days after the publication of these preliminary results
in the Federal Register pursuant to section 751(a)(3)(A) of the Act and
19 CFR 351.213(h)(1), unless otherwise extended.\32\
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\31\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
\32\ See section 751(a)(3)(A) of the Act.
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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 results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4)
and 351.221(b)(4).
Dated: April 23, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Preliminary Intent to Partially Rescind Administrative Review
VI. Partial Rescission of Administrative Review
VII. Preliminary Determination of No Shipments
VIII. Companies Not Selected for Individual Examination
IX. Discussion of the Methodology
X. Currency Conversion
XI. Recommendation
[FR Doc. 2021-08921 Filed 4-28-21; 8:45 am]
BILLING CODE P
