Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2021
| Court | Commerce Department,International Trade Administration |
| Citation | 88 FR 62770 |
| Published date | 13 September 2023 |
| Record Number | 2023-19739 |
| Section | Notices |
Federal Register, Volume 88 Issue 176 (Wednesday, September 13, 2023)
[Federal Register Volume 88, Number 176 (Wednesday, September 13, 2023)]
[Notices]
[Pages 62770-62771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19739]
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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: Final 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) determines that
countervailable subsidies were provided to certain producers/exporters
of certain crystalline silicon photovoltaic products from the People's
Republic of China (China) during the period of review January 1, 2021,
through December 31, 2021.
DATES: Applicable September 13, 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) 482-3586.
SUPPLEMENTARY INFORMATION:
Background
On March 8, 2023, Commerce published the Preliminary Results of
this administrative review in the Federal Register.\1\ For a
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\2\
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\1\ See Certain Crystalline Silicon Photovoltaic Products from
the People's Republic of China: Preliminary Results of
Countervailing Duty Administrative Review; 2021, 88 FR 14331 (March
8, 2023) (Preliminary Results) and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Countervailing
Duty Order on Certain Crystalline Silicon Photovoltaic Products from
the People's Republic of China; 2021,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order \3\
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\3\ See Certain Crystalline Silicon Photovoltaic Products from
the People's Republic of China: Antidumping Duty Order; and Amended
Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 80 FR 8592 (February 18, 2015) (Order).
On July 3, 2023, the scope of the Order was amended. See Crystalline
Silicon Photovoltaic Products from the People's Republic of China:
Final Results of Changed Circumstances Reviews, and Intent to Revoke
the Antidumping and Countervailing Duty Orders, in Part, 88 FR
42686.
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The merchandise covered by the Order are 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. A full description of the scope
of the Order is contained in the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties in their case and rebuttal
briefs are addressed in the Issues and Decision Memorandum. A list of
topics discussed in the Issues and Decision Memorandum is provided as
an appendix to this notice. The Issues and 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
https://access.trade.gov. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of comments submitted by interested parties
and the evidence on the record, Commerce revised the calculation for
the net countervailable subsidy rates for the sole company respondent
in this review, Trina Solar (Changzhou) Science & Technology Co., Ltd.
(Trina Solar). For a discussion of the issues, see the Issues and
Decision Memorandum.
Methodology
Commerce conducted 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 found to be countervailable, we find
that there is a subsidy, i.e., a government-provided financial
contribution that gives rise to a benefit to the recipient, and that
the subsidy is specific.\4\ For a complete description of the
methodology underlying all of Commerce's conclusions, including our
reliance, in part, on facts otherwise available, including adverse
facts available, pursuant to sections 776(a) and (b) of the Act, see
the Issues and 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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[[Page 62771]]
Final Results of Administrative Review
In accordance with 19 CFR 351.221(b)(5), Commerce calculated a
countervailable subsidy rate for Trina Solar as identified below.
Because there are no other producers or exporters subject to this
review, Commerce does not need to establish a rate for such companies
in this review. Commerce determines the net countervailable subsidy
rate for the period January 1, 2021, through December 31, 2021, is as
follows:
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\5\ Commerce found Trina Solar (Changzhou) Science & Technology
Co., Ltd. to be cross-owned, within the meaning of 19 CFR
351.525(b)(6)(vi), among and across the following 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. See
Preliminary Results PDM at 5-7.
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Subsidy rate
Producer/exporter (percent ad
valorem)
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Trina Solar (Changzhou) Science & Technology Co., Ltd 13.21
\5\...................................................
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Disclosure
Commerce intends to disclose calculations and analysis performed
for the final results of this administrative review within five days
after the publication of this notice in the Federal Register in
accordance with 19 CFR 351.224(b).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct U.S. Customs and Border Protection (CBP) to collect cash
deposits of estimated countervailing duties in the amount referenced
above for Trina Solar with regard to shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of these final results in the Federal Register.
These cash deposit requirements, effective upon publication of these
final results, shall remain in effect until further notice.
Assessment Requirements
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and CBP shall assess,
countervailing duties on all appropriate entries covered by this
review, for Trina Solar at the applicable ad valorem assessment rate
listed. Commerce intends to issue assessment instructions to CBP no
earlier than 35 days after the publication of the final results of this
administrative 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).
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protection order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: September 5, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Available and Application of Adverse Inferences
V. Changes Since the Preliminary Results
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether the Provision of Certain Inputs for Less-
Than-Adequate-Remuneration (LTAR) Programs is Countervailable
Comment 2: Whether Commerce Should Find the Provision of
Electricity for LTAR Program is Countervailable
Comment 3: Whether Commerce Should Apply Adverse Facts Available
to ``Other Subsidies'' Reported by Trina Solar
Comment 4: The Benchmark for Aluminum Extrusions for LTAR
Comment 5: The Benchmark for Ocean Freight
Comment 6: The Benchmark for Domestic Inland Freight
Comment 7: Whether Certain Trina Solar Affiliates Were
Uncreditworthy
Comment 8: Whether Commerce Should Revise the Denominator for
Export-Oriented Subsidies
Comment 9: Whether Commerce Should Revise the Benchmark for
International Ocean Shipping Services for LTAR
IX. Recommendation
[FR Doc. 2023-19739 Filed 9-12-23; 8:45 am]
BILLING CODE 3510-DS-P
