Certain Crystalline Silicon Photovoltaic Products From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2020-2021
| Citation | 87 FR 13700 |
| Record Number | 2022-05070 |
| Published date | 10 March 2022 |
| Section | Notices |
| Court | Commerce Department,International Trade Administration |
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:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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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
