Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Antidumping Duty Order; and Amended Final Affirmative...

Feb 18 - Commerce Department Documents & Publications

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

SUMMARY: Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (the ITC), the Department is issuing antidumping duty (AD) and countervailing duty (CVD) orders on certain crystalline silicon photovoltaic products (certain solar products) from the People's Republic of China (the PRC). Also, as explained in this notice, the Department is amending its final affirmative CVD determination to correct an error regarding the inclusion of a subsidy program that was not properly reflected on the record of the CVD investigation.

DATES: Effective Date: February 18, 2015 .

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen at (202) 482-2769 or Thomas Martin at (202) 482-3936 (AD); or Gene Calvert at (202) 482-3586 or Justin Neuman at (202) 482-0486 (CVD), AD/CVD Operations, Enforcement and Compliance, International Trade Administration , U.S. Department of Commerce , 14th Street and Constitution Avenue NW ., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: On December 23, 2014 , the Department published its affirmative final determination of sales at less than fair value (LTFV) in the AD investigation of certain solar products from the PRC, /1/ and its final affirmative determination that countervailable subsidies are being provided to producers and exporters of certain solar products from the PRC. /2/ On February 5, 2015 , the ITC notified the Department of its final determination pursuant to sections 735(d) and 705(d) of the Tariff Act of 1930, as amended (the Act), that an industry in the United States is materially injured within the meaning of sections 735(b)(1)(A)(i) and 705(b)(1)(A)(i) of the Act by reason of LTFV imports and subsidized imports of subject merchandise from the PRC. /3/

FOOTNOTE 1 See Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 79 FR 76970 ( December 23, 2014 ). END FOOTNOTE

FOOTNOTE 2 See Countervailing Duty Investigation of Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Final Affirmative Countervailing Duty Determination, 79 FR 76962 ( December 23, 2014 ) (CVD Final Determination). END FOOTNOTE

FOOTNOTE 3 See the ITC Notification Letter to the Deputy Assistant Secretary for Enforcement and Compliance referencing ITC Investigation Nos. 701-TA-511 and 731-TA-1246-1247 ( February 5, 2015 ). END FOOTNOTE

Scope of the Orders

The merchandise covered by these orders 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 these orders, subject merchandise includes modules, laminates and/or panels assembled in the PRC consisting of crystalline silicon photovoltaic cells produced in a customs territory other than the PRC.

Subject merchandise includes modules, laminates and/or panels assembled in the PRC consisting of crystalline silicon photovoltaic cells of thickness equal to or greater than 20 micrometers, having a p/n junction formed by any means, whether or not the cell has undergone other processing, including, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not limited to, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell.

Excluded from the scope of these orders are thin film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS). Also excluded from the scope of these orders are modules, laminates and/or panels assembled in the PRC, consisting of crystalline silicon photovoltaic cells, not exceeding 10,000 mm2 in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cells. Where more than one module, laminate and/or panel is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all modules, laminates and/or panels that are integrated into the consumer good. Further, also excluded from the scope of these orders are any products covered by the existing antidumping and countervailing duty orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, laminates and/or panels, from the PRC. /4/

FOOTNOTE 4 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 77 FR 73018 ( December 7, 2012 ); Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Countervailing Duty Order, 77 FR 73017 ( December 7, 2012 ). END FOOTNOTE

Merchandise covered by these orders is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 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 these orders is dispositive.

Amendment to the CVD Final Determination

On December 23, 2014 , the Department published its affirmative final determination in the CVD investigation. /5/ On December 24, 2014 , Changzhou Trina Solar Energy Co., Ltd. ( Trina Solar ) and Wuxi Suntech Power Co., Ltd. (Wuxi Suntech), respondents in the CVD investigation, submitted timely ministerial error allegations and requested that the Department correct the alleged ministerial errors in the subsidy margin calculations. /6/ On December 29, 2014 , SolarWorld Americas, Inc. , the petitioner in the CVD investigation, submitted timely rebuttal comments on Trina Solar's and Wuxi Suntech's allegations. /7/ No other interested party submitted ministerial error allegations or replied to Trina Solar's or Wuxi Suntech's submissions.

FOOTNOTE 5 See CVD Final Determination. END FOOTNOTE

FOOTNOTE 6 See the Letter to the Secretary from Trina Solar , "Certain Crystalline Silicon Photovoltaic Products from the People's Republic of China : Ministerial Errors Allegation," ( December 24, 2014 ); see also the Letter to the Secretary from Wuxi Suntech, "Certain Crystalline Silicon Photovoltaic Products from the People's Republic of China : Ministerial Error Comments of Wuxi Suntech Power Co., Ltd. ," ( December 24, 2014 ). END FOOTNOTE

FOOTNOTE 7 See the Letter to the Secretary, "Crystalline Silicon Photovoltaic Products from the People's Republic of China : Response to Trina's Ministerial Error Allegation," ( December 29, 2014 ); see also the Letter to the Secretary, "Crystalline Silicon Photovoltaic Products from the People's Republic of China : Response to Suntech's Ministerial Error Comments," ( December 29, 2014 ). END FOOTNOTE

After analyzing comments and rebuttals from all interested parties, we determined, in accordance with section 705(e) of the Act and 19 CFR 351.224(e), that we made a ministerial error in our calculations for the CVD Final Determination with respect to Trina Solar . At the verification of Trina Solar's questionnaire responses, we discovered unreported subsidy programs in Trina Solar's accounting system. We translated certain line items from that accounting system at verification and found that every translated line item represented a countervailable subsidy in our CVD Final Determination. In so doing, we inadvertently countervailed a subsidy program that did not appear among the list of translated subsidy programs submitted as a verification exhibit. /8/ This amended final CVD determination corrects this error and revises the ad valorem subsidy rate for Trina Solar .

FOOTNOTE 8 For a detailed discussion of all alleged ministerial errors, as well as the Department's analysis, See the memorandum, "Amended Final Determination in the Countervailing Duty Investigation of Certain Crystalline Silicon Photovoltaic Products from the People's Republic of China : Ministerial Error Allegations," ( February 6, 2015 ) (Ministerial Error Memorandum). END FOOTNOTE

In the CVD Final Determination, we based the estimated subsidy rate for "all others" by calculating the simple average of Trina Solar's and Wuxi Suntech's estimated subsidy rates. /9/ Because the subsidy rate for all others is based on the rates for Trina Solar and Wuxi Suntech, and the rate for Trina Solar changed because of the aforementioned ministerial error, we have revised the calculation for the estimated subsidy rate for all others in this amended final CVD determination. /10/ The amended estimated ad valorem subsidy rates are provided below.

FOOTNOTE 9 See CVD Final Determination, 79 FR at 76964. END FOOTNOTE

FOOTNOTE 10 See Ministerial Error Memorandum at 10. END FOOTNOTE

Antidumping Duty Order

As stated above, on February 5, 2015 , in accordance with section 735(d) of the Act, the ITC notified the Department of its final determination in its investigation, in which it found that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of imports of certain solar products from the PRC. /11/ Because the ITC determined that imports of certain solar products from the PRC are materially injuring a U.S. industry, unliquidated entries of such merchandise from the PRC, entered or withdrawn from warehouse, for consumption are subject to the assessment of antidumping duties.

FOOTNOTE 11 See ITC Determination. END FOOTNOTE

--This is a summary of a Federal Register article originally published on the page number listed below--

Citation: "80 FR 8592"

Document Number: "A-570-010, C-570-011"

Federal Register Page Number: "8592"

http://www.energycentral.com/functional/news/news_detail.cfm?did=35245345