Federal Register - September 3, 2021

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Fuente: Federal Register

49510

Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Notices
FOR FURTHER INFORMATION CONTACT:

Zachary Shaykin or Thomas Martin, 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 4822638 or 202 4823936, respectively.
SUPPLEMENTARY INFORMATION:
Background On April 29, 2021, Commerce published the Preliminary Results.1 On June 8, 2021, we received case briefs from Inventec Solar Energy Corporation ISEC,2 JA Solar International Limited JA Solar,3 and United Renewable Energy Corporation URE,4 and a letter in lieu of a case brief from Canadian Solar companies.5 We received no rebuttal briefs. For a complete description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.6
Scope of the Order 7
The merchandise covered by the Order is solar products from Taiwan.
For a complete description of the scope of this review, see the Issues and Decision Memorandum.8
Analysis of Comments Received All issues raised in the case briefs that were submitted by parties in this administrative review are addressed in
lotter on DSK11XQN23PROD with NOTICES1

1 See
Certain Crystalline Silicon Photovoltaic Products from Taiwan: Preliminary Results;
Preliminary Intent to Rescind and Partial Rescission of Antidumping Duty Administrative Review; and Preliminary Determination of No Shipments; 2019
2020, 86 FR 22630 April 29, 2021 Preliminary Results.
2 See ISECs Letter, Certain Crystalline Silicon Photovoltaic Products from Taiwan: Case Brief, dated June 8, 2021.
3 See JA Solars Letter, Antidumping Duty Administrative Review of Certain Crystalline Silicon Photovoltaic Products from Taiwan: Case Brief, dated June 8, 2021 JA Solars Case Brief.
4 See UREs Letter, Certain Crystalline Silicon Photovoltaic Products from Taiwan: Case Brief, dated June 8, 2021.
5 The Canadian Solar companies are: 1 Canadian Solar Inc.; 2 Canadian Solar International Limited;
3 Canadian Solar Manufacturing Changshu, Inc.;
4 Canadian Solar Manufacturing Luoyang, Inc., and; 5 Canadian Solar Solutions Inc. collectively, Canadian Solar. See Canadian Solars Letter, Certain Crystalline Silicon Photovoltaic Products from Taiwan 20192020 Review: Letter in Lieu of Case Brief of Canadian Solar, dated June 8, 2021.
6 See Memorandum, Issues and Decision Memorandum for the Final Results of the 2019
2020 Administrative Review of the Antidumping Duty Order on Certain Crystalline Silicon Photovoltaic Products from Taiwan, dated concurrently with, and hereby adopted by, this notice Issues and Decision Memorandum.
7 See Certain Crystalline Silicon Photovoltaic Products from Taiwan: Antidumping Duty Order, 80 FR 8596 February 18, 2015 Order.
8 Id.

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the Issues and Decision Memorandum.
A list of the sections of the Issues and Decision Memorandum are in the appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliances 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 http enforcement.trade.gov/frn.
Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our Preliminary Results, we made changes to the weighted-average dumping margin for the ISEC/ETON entity 9 and the weighted-average rate for companies not selected for individual review in this administrative review; 10 however, no changes were made to the weightedaverage dumping margin for URE. In addition, we: 1 Corrected the name of certain Canadian Solar companies from the Preliminary Results and from the draft U.S. Customs and Border Protection CBP instructions that we released for comment; 11 and 2 added certain case numbers to Commerces draft customs instructions.12
Partial Recission of Administrative Review We originally initiated this review with respect to Inventec Energy Corporation IEC.13 On March 5, 2021, ISEC reported that IEC ceased business operations, and was dissolved and liquidated prior to the POR.14 Therefore, pursuant to 19 CFR 351.213d3 and in accordance with the Preliminary Results and Commerce practice, we have completed this review with respect to IEC, and continue to conclude that IEC
had no shipments during the POR.
9 Commerce has determined to collapse Inventec Solar Energy Corporation and ETON Solar Tech.
Co., Ltd., and treat these companies as a single entity for the purposes of this review, in accordance with 19 CFR 351.401f. See Memorandum, 2019
2020 Administrative Review of Certain Crystalline Silicon Photovoltaic Products from Taiwan:
Affiliation and Single Entity Treatment Memorandum, dated April 23, 2021.
10 See Issues and Decision Memorandum at Comment 1.
11 Id. at Comment 4.
12 Id. at Comment 5.
13 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR
19730, 19735 April 8, 2020.
14 See Memorandum, Certain Crystalline Silicon Photovoltaic Products from TaiwanInventecs Sections A Supplemental Questionnaire Response, dated March 5, 2021.

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Thus, pursuant to 19 CFR 351.213d3, Commerce has rescinded this administrative review with respect to IEC. Therefore, Commerce will issue the appropriate instructions to CBP based on these final results.
Final Determination of No Shipments As noted in the Preliminary Results, we received no-shipment claims from seven producers and/or exporters under review, and we preliminarily determined that these seven companies had no shipments during the POR.15 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 comment in opposition to our preliminary finding and record evidence indicates that these seven companies had no entries of subject merchandise to the United States during the POR, we continue to find that they had no shipments during the POR.16 Consistent with our practice, we have completed the review with respect to these seven companies and will issue appropriate instructions to CBP based on our final results. We will instruct CBP to liquidate any existing entries of subject merchandise produced by the seven companies, but exported by other parties, at the rate for the intermediate reseller, if available, or at the all-others rate.
Final Rates for Non-Examined Companies The statute and Commerces regulations do not address the establishment of a rate to be applied to individual respondents not selected for examination when Commerce limits its examination in an administrative review pursuant to section 777Ac2 of the Tariff Act of 1930, as amended the Act.
Generally, Commerce looks to section 735c5 of the Act, which provides instructions for calculating the allothers rate in an investigation, for guidance when calculating the rate for respondents which we did not individually examine in an administrative review. Section 735c5A of the Act establishes a preference to avoid using rates which are zero, de minimis, or based entirely on facts available FA in calculating an all-others rate. Accordingly, 15 See Preliminary Results, 86 FR at 22632. These companies are AU Optronics Corporation; Canadian Solar Inc.; Canadian Solar International Limited.;
Canadian Solar Manufacturing Changshu, Inc.;
Canadian Solar Manufacturing Luoyang, Inc.;
Canadian Solar Solutions Inc.; and Vina Solar Technology Co., Ltd.
16 See Preliminary Results, 86 FR at 22632.

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Federal Register - September 3, 2021

TítuloFederal Register

PaísEstados Unidos de América

Fecha03/09/2021

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