Enforcement and Compliance, International Trade Administration, Department of Commerce.
The Department of Commerce (the Department) has completed its administrative review of the countervailing duty order (CVD) on crystalline silicon photovoltaic products (solar products) from the People's Republic of China (PRC) for the June 10, 2014, through December 31, 2015, period of review (POR). We have determined that the mandatory respondent Changzhou Trina Solar Energy Co., Ltd. and its cross-owned affiliates (collectively, Trina Solar) received countervailable subsidies during the POR. The final net subsidy rates are listed below in the section, “Final Results of Administrative Review.” We are also rescinding the review for 22 companies for which all review requests were timely withdrawn or for which we have concluded that there were no entries, exports, or sales of the subject merchandise during the POR.
Applicable September 12, 2017.
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FOR FURTHER INFORMATION CONTACT:
Joseph Traw, 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) 482-6079.
The Department published the Preliminary Results of this administrative review in the Federal Register on March 6, 2017.
We invited interested parties to comment on the Preliminary Results. On June 8, 2017, we received timely case briefs from the following interested parties: SolarWorld Americas, Inc. (the petitioner); the Government of China (GOC); Trina Solar; BYD (Shangluo) Industrial Co., Ltd. (BYD); and SNJ Enterprises, LLC, Dba Zamp Solar (SNJ).
On June 15, 2017, we received timely rebuttal comments from the petitioner, the GOC, and Trina Solar.
On June 8, 2017, in accordance with section 751(a)(3)(A) of the Act, the Department extended the period for issuing the final results of this review by 60 days, to September 2, 2017. As September 2, 2017 is a Saturday and September 4, 2017 is Labor Day, the final results were extended until September 5, 2017.
Scope of the Order
The merchandise covered by this 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. The product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) item numbers 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this order is dispositive. A full description of the scope of the order is contained in the Issues and Decision Memorandum, which is hereby adopted by this notice.
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in the Issues and Decision Memorandum accompanying this notice. A list of the issues raised by interested parties and to which we responded in the Issues and Decision Memorandum is provided in Appendix I 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 and in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be access directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on case briefs, rebuttal briefs, and all supporting documentation, we made changes from the Preliminary Results. The Department has modified its creditworthiness findings for Trina Solar. In the Preliminary Results, the Department found Trina Solar to be uncreditworthy during the 2012-2015 period. After reviewing Trina Solar's response to the Department's creditworthiness questionnaire,
the Department finds that Trina Solar was uncreditworthy from 2012 to 2013 and creditworthy during 2014 and 2015.
Partial Rescission of Review
We are rescinding this administrative review for 22 companies 
named in the Initiation Notice.
In the Preliminary Results, we made a preliminary determination to rescind the review of companies for which all review requests were timely withdrawn.
With the Start Printed Page 42793exception of BYD, we received no comments with regard to this preliminary determination. We are rescinding the review for these companies in accordance with 19 CFR 351.212(d)(1). With respect to BYD, the Department determined that it made no exports or sales of subject merchandise to the United States during the POR.
All companies for which we are rescinding this administrative review are listed in Appendix II to this notice. For these companies, countervailing duties shall be assessed at rates equal to the rates of the cash deposits for estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, during the POR, in accordance with 19 CFR 351.212(c)(2).
The Department conducted this 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 financial contribution from a government or public entity that gives rise to a benefit to the recipient, and that the subsidy is specific.
For a full description of the methodology underlying all of the Department's conclusions, including any determination that relied upon the use of adverse facts available pursuant to sections 776(a) and (b) of the Act, see the Issues and Decision Memorandum.
Final Results of Administrative Review
In accordance with 19 CFR 351.221(b)(5), we calculated a countervailable subsidy rate for the mandatory respondent, Trina Solar. For the non-selected companies subject to this review,
we followed the Department's practice, which is to base the subsidy rates on an average of the subsidy rates calculated for those companies selected for individual review, excluding de minimis rates or rates based entirely on adverse facts available.
In this case, as there is only a single mandatory respondent, the rate for non-selected companies is the same as the rate for the mandatory respondent. We find the countervailable subsidy rates for the producers/exporters under review to be as follows:
|Company||Subsidy rate (percent ad valorem)|
|Changzhou Trina Solar Energy Co., Ltd. and its Cross-Owned Affiliates 15||13.93|
|Chint Solar (Zhejiang) Co., Ltd||13.93|
|Hefei JA Solar Technology Co., Ltd||13.93|
|Perlight Solar Co., Ltd||13.93|
|Risen Energy Co., Ltd||13.93|
|Shanghai JA Solar Technology Co., Ltd||13.93|
|Shenzhen Sungold Solar Co., Ltd||13.93|
|Sunny Apex Development Limited||13.93|
We will disclose to the parties in this proceeding the calculations performed for these final results within five days of the date of publication of this notice in the Federal Register.
Consistent with 19 CFR 351.212(b)(2), we intend to issue assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of these final results of review, to liquidate shipments of subject merchandise entered, or withdrawn from warehouse, for consumption, on or after June 10, 2014, through December 31, 2015, at the ad valorem rates listed above.
Cash Deposit Instructions
In accordance with section 751(a)(1) of the Act, we intend to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of the respective companies listed above. These cash deposit requirements, when imposed, shall remain in effect until further notice.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction 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 protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation.
We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: September 5, 2017.
Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
Appendix I—List of Topics Discussed in the Issues and Decision Memorandum
List of Comments From Interested Parties
Scope of the Order
Changes Since the Preliminary Results
Partial Rescission of Administrative Review
Non-Selected Companies Under Review
Subsidies Valuation Information
Attribution of Subsidies
Benchmarks and Discount Rates
Use of Facts Otherwise Available and Adverse Inferences
Programs Determined to be Countervailable
Programs Determined to be Not Countervailable During the POR
Programs Determined Not to be Used or Not to Confer Measurable Benefits
Analysis of Comments
Comment 1: The Scope of the Order is Unlawful
Comment 2: The Final Scope Determination Does Not Apply Retroactively
Comment 3: Rescission of the Review of BYD
Comment 4: Inclusion of Value Added Tax (VAT) in LTAR Benchmarks
Comment 5: Solar Glass Benchmark
Comment 6: Specificity of Glass at LTAR
Comment 7: Benchmark for Aluminum Extrusions
Comment 8: Electricity for LTAR
Comment 9: Usage of Export Buyer's Credit Program
Comment 10: Selection of the Adverse Facts Available (AFA) Rate for Export Buyer's Credit Program
Comment 11: Addition of Ocean Freight and Import Duties to LTAR Benchmarks
Comment 12: Zeroing of Purchases Above Benchmarks
Appendix—Non-Selected Companies Under Review
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Appendix II—List of Companies for Which We Are Rescinding This Administrative Review 
1. Baoding Jiasheng Photovoltaic Technology Co. Ltd.
2. Baoding Tianwei Yingli New Energy Resources Co., Ltd.
3. Beijing Tianneng Yingli New Energy Resources Co. Ltd.
4. BYD (Shangluo) Industrial Co., Ltd.
5. Canadian Solar, Inc.
6. Canadian Solar International, Ltd.
7. Canadian Solar Manufacturing (Changshu), Inc.
8. Canadian Solar Manufacturing (Luoyang), Inc.
9. Hainan Yingli New Energy Resources Co., Ltd.
10. Hengshui Yingli New Energy Resources Co., Ltd.
11. Jinko Solar Co., Ltd.
12. Jinko Solar Import and Export Co., Ltd.
13. Lixian Yingli New Energy Resources Co., Ltd.
14. Shanghai BYD Co., Ltd.
15. Shenzhen Jiawei Photovoltaic Lighting Co., Ltd.
16. Shenzhen Yingli New Energy Resources Co., Ltd.
17. Tianjin Yingli New Energy Resources Co., Ltd.
18. Wuxi Suntech Power Co., Ltd.
19. Yingli Energy (China) Co., Ltd.
20. Yingli Green Energy Holding Company Limited
21. Yingli Green Energy International Trading Company Limited
22. Zhejiang Jinko Solar Co., Ltd.
Appendix III—List of Non-Selected Companies Under Review
1. Chint Solar (Zhejiang) Co., Ltd.
2. Hefei JA Solar Technology Co., Ltd.
3. Perlight Solar Co., Ltd.
4. Risen Energy Co., Ltd.
5. Shanghai JA Solar Technology Co., Ltd.
6. Shenzhen Sungold Solar Co., Ltd.
7. Sunny Apex Development Limited
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[FR Doc. 2017-19292 Filed 9-11-17; 8:45 am]
BILLING CODE 3510-DS-P