Enforcement and Compliance, International Trade Administration, Department of Commerce.
The Department of Commerce (Commerce) determines that exporters and/or producers subject to the administrative review of certain crystalline silicon photovoltaic products (solar products) from the People's Republic of China (China) received countervailable subsidies during the January 1, 2017 through December 31, 2017 period of review.
Applicable October 23, 2019.
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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.
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On April 16, 2019, Commerce published the Preliminary Results of this administrative review, and invited interested parties to comment on the Preliminary Results.
On May 16, 2019, Changzhou Trina Solar Energy Co., Ltd. and Trina Solar (Changzhou) Science and Technology Co., Ltd. (collectively, Trina Solar), a company subject to this administrative review but not selected for individual examination, timely submitted comments on the Preliminary Results and requested a hearing.
On May 21, 2019, SolarWorld Americas, Inc. (the petitioner in the underlying countervailing duty investigation), filed timely rebuttal comments.
On July 31, 2019, Commerce extended the deadline for these final results until October 10, 2019.
On August 28, 2019, Commerce permitted interested parties to supplement their case and rebuttal briefs to address a claim of no shipments submitted by Trina Solar,
for which Commerce received comments from Trina Solar on September 9, 2019.
On September 16, 2019, Commerce received rebuttal comments on this issue from domestic interested party SunPower Manufacturing Oregon LLC.
On September 19, 2019, Trina Solar withdrew its request for a hearing.
For a detailed history of the events that occurred since the publication of the Preliminary Results, see the Issues and Decision Memorandum.
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. For purposes of this 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. For a complete description of the scope of this administrative review, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties in their case and rebuttal briefs, and Commerce's analysis thereof, are addressed in the Issues and Decision Memorandum. These issues are identified in the 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 System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Commerce Building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and its electronic version are identical in content.
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, Commerce finds that there is a subsidy (i.e., a financial contribution from an authority that gives rise to a benefit to the recipient), and that the subsidy is specific.
Commerce notes that in making these findings, it relied on total facts available and, because Commerce finds that the mandatory respondents did not act to the best of their ability to respond to Commerce's request for information, Commerce continues to find all programs in this review countervailable.
Changes From the Preliminary Results
Based on the comments received from interested parties, Commerce made no changes to the net subsidy rates calculated for the companies subject to this administrative review.
Final Results of Administrative Review
The statute and Commerce's regulations do not directly address the establishment of rates to be applied to companies not selected for individual examination where Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. Commerce normally determines the rates for non-selected companies in administrative reviews in a manner that is consistent with section 705(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation. Section 705(c)(5)(A)(ii) of the Act provides that, if the countervailable subsidy rates established for all individually-examined exporters/producers are de minimis or based entirely on adverse facts available under section 776 of the Act, Commerce may use any reasonable method to establish a subsidy rate for exporters/producers that were not individually-examined, including averaging the weighted-average countervailable subsidy rates determined for the individually-examined exporters and producers.
In this review, the countervailable subsidy rates calculated for the three mandatory respondents (i.e., Risen Energy Co., Ltd.; Shenzhen Sungold Solar Co., Ltd.; and Sol-Lite Manufacturing Co., Ltd.) are based entirely on facts available pursuant to section 776 of the Act.
As a result, Commerce is using “any reasonable method” to establish the subsidy rate for the non-selected companies under review. Commerce finds that it is Start Printed Page 56767reasonable to rely on the rates established for the three mandatory respondents as the rate for the non-selected companies under review, particularly because there is no other information on the record that can be used to determine the rate for the non-selected companies. This method is consistent with Commerce's past practice.
Commerce finds 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||94.83|
|Chint Solar (Zhejiang) Co., Ltd||94.83|
|Hefei JA Solar Technology Co., Ltd||94.83|
|Risen Energy Co., Ltd||94.83|
|Ri Shen Products (SZ) Ltd||94.83|
|Shanghai JA Solar Technology Co., Ltd||94.83|
|Shenzhen Sungold Solar Co., Ltd||94.83|
|Sunny Apex Development Limited||94.83|
|Sol-Lite Manufacturing Co., Ltd||94.83|
|Trina Solar (Changzhou) Science & Technology Co., Ltd||94.83|
All calculations in these final results are based on publicly-available information and are described in their entirety in the Preliminary Decision Memorandum.
As such, the publication of this notice constitutes disclosure of the calculations performed in connection with these final results to interested parties.
Consistent with 19 CFR 351.212(b)(2), Commerce intends 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 produced and/or exported by the companies listed above, entered, or withdrawn from warehouse, for consumption on or after January 1, 2017 through December 31, 2017, at the ad valorem rates listed above.
Cash Deposit Instructions
In accordance with section 751(a)(1) of the Act, Commerce intends 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 Order (APO)
This notice also serves as a reminder to parties subject to 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 of an APO is a sanctionable violation.
Notification to Interested Parties
Commerce is issuing and publishing these final results in accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
List of Topics Discussed in the Issues and Decision Memorandum
III. Scope of the Order
IV. Subsidy Rate for the Non-Selected Companies Under Review
V. Discussion of the Issue: Whether To Rescind This Review for Trina Solar
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[FR Doc. 2019-23063 Filed 10-22-19; 8:45 am]
BILLING CODE 3510-DS-P