Certain Crystalline Silicon Photovoltaic Products From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2020-2021

CourtCommerce Department,International Trade Administration
Citation87 FR 13700
Published date10 March 2022
Record Number2022-05070
Federal Register, Volume 87 Issue 47 (Thursday, March 10, 2022)
[Federal Register Volume 87, Number 47 (Thursday, March 10, 2022)]
                [Notices]
                [Pages 13700-13701]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2022-05070]
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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 and Final
                Determination of No Shipments; 2020-2021
                AGENCY: Enforcement and Compliance, International Trade Administration,
                Department of Commerce.
                SUMMARY: On November 5, 2021, the Department of Commerce (Commerce)
                published the preliminary results of the administrative review 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. We received no comments
                or requests for a hearing. We continue to find that 16 of the companies
                under review made no shipments of solar products from Taiwan during the
                POR. Moreover, with respect to the companies that did not submit no-
                shipment certifications and were not selected as mandatory respondents,
                we have determined to apply a rate of 7.89 percent, i.e., the non-
                selected rate from the prior (fifth) administrative review under this
                antidumping duty order.
                DATES: Applicable March 10, 2022.
                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 November 5, 2021, Commerce published the Preliminary Results and
                invited interested parties to comment.\1\ We received no comments on
                the Preliminary Results from any interested parties. Commerce conducted
                this review in accordance with section 751 of the Tariff Act of 1930,
                as amended (the Act).
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                 \1\ See 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, 86 FR
                61131 (November 5, 2021).
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                Scope of the Order
                 The merchandise covered by the Order is solar products from
                Taiwan.\2\ Imports of subject merchandise are classified under the
                Harmonized Tariff Schedule of the United States (HTSUS) subheadings:
                8501.71.0000, 8501.72.1000, 8501.72.2000, 8501.72.3000, 8501.72.9000,
                8501.80.1000, 8501.80.2000, 8501.80.3000, 8501.80.9000, 8507.20.8010,
                8507.20.8031, 8507.20.8041, 8507.20.8061, 8507.20.8091, 8541.42.0010,
                8541.43.0010. These HTSUS subheadings are provided for convenience and
                customs purposes; the written description of the scope of the Order is
                dispositive.\3\
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                 \2\ See Certain Crystalline Silicon Photovoltaic Products from
                Taiwan: Antidumping Duty Order, 80 FR 8596 (February 18, 2015)
                (Order).
                 \3\ Id.
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                Final Determination of No Shipments
                 As noted in the Preliminary Results, we received claims of no
                shipments from 16 producers and/or exporters under review, and we
                preliminarily determined that these 16 companies had no shipments of
                subject merchandise during the POR.\4\ 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 any comment in opposition to our
                preliminary finding or to record evidence indicating that these 16
                companies had no entries of subject merchandise to the United States
                during the POR, we continue to find that these 16 companies had no
                shipments during the POR.\5\ We will issue appropriate instructions to
                U.S. Customs and Border Protection (CBP) based on our final results.
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                 \4\ See Preliminary Results, 86 FR at 61131-32. These companies
                are: (1) AU Optronics Corporation (AU); (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.; (7) Vina Solar
                Technology Co., Ltd.; (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.
                 \5\ See Preliminary Results, 86 FR at 61131-32.
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                Final 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 (LTFV) 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} .'' However, in this administrative
                review, there are no individually investigated companies receiving
                calculated dumping margins. Accordingly, because we have no companies
                in the instant review for which we are calculating a rate that can be
                applied to the non-selected companies,\6\ for the final results of
                review, we have determined to apply a rate of 7.89 percent to the 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.\7\
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                 \6\ In the Preliminary Results, Commerce rescinded the review
                with respect to eleven companies that had reviewable entries of
                subject merchandise during the POR, including the mandatory
                respondents, in response to timely withdrawn review requests from
                all parties that requested a review of these eleven companies. See
                Preliminary Results, 86 FR at 61131.
                 \7\ 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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                [[Page 13701]]
                Final Results of Review
                 We determine that the following weighted-average dumping margins
                exist for the non-selected respondents for the POR, February 1, 2020,
                through January 31, 2021:
                ------------------------------------------------------------------------
                 Weighted-
                 average
                 Producer/exporter dumping
                 margin
                 (percent)
                ------------------------------------------------------------------------
                Baoding Jiasheng Photovoltaic Technology Co. Ltd............ 7.89
                Boviet Solar Technology Co., Ltd............................ 7.89
                Kyocera Mexicana S.A. de C.V................................ 7.89
                Sunrise Energy Co. Ltd...................................... 7.89
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                Disclosure
                 As noted above, no party commented on the Preliminary Results. As a
                result, we have not modified our analysis from the Preliminary Results
                and will not issue a decision memorandum to accompany this Federal
                Register notice. We are adopting the Preliminary Results as the final
                results of this review. Further, because we have not changed our
                calculations since the Preliminary Results, there are no new
                calculations to disclose in accordance with 19 CFR 351.224(b) for these
                final results.
                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. In accordance with
                the Preliminary Results, we determined that no companies in this review
                had reviewable entries of subject merchandise upon which to calculate a
                dumping margin.\8\
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                 \8\ See Preliminary Results, 86 FR at 61132.
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                 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 the non-selected rate determined in the previous
                administrative review. 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.\9\
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                 \9\ See section 751(a)(2)(C) of the Act.
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                 For entries of subject merchandise produced during the POR by the
                16 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.\10\
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                 \10\ For a full discussion of this practice, see Antidumping and
                Countervailing Duty Proceedings: Assessment of Antidumping Duties,
                68 FR 23954 (May 6, 2003).
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                 Commerce intends to issue appropriate 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 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 all remaining companies in this
                review will be equal to the weighted-average dumping margin of 7.89
                percent that was established in the final results of the previous
                administrative review; (2) for previously reviewed or investigated
                companies not covered in this review, 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 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) if neither
                the exporter nor the manufacturer is a firm covered in this or any
                previous review or the LTFV investigation, 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.\11\ The cash
                deposit requirements, when imposed, shall remain in effect until
                further notice.
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                 \11\ 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: March 3, 2022.
                Lisa W. Wang,
                Assistant Secretary for Enforcement and Compliance.
                [FR Doc. 2022-05070 Filed 3-9-22; 8:45 am]
                BILLING CODE 3510-DS-P
                

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