76970 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices

12. Whether the Department Should I understand that agents of the importer, such Title Reallocate to Prime Products the as brokers, are not permitted to make this lllllllllllllllllllll Production Costs of Off-Grade Cells certification. Also, I am aware that records Date Reported to the Department as Non- pertaining to this certification may be [FR Doc. 2014–30107 Filed 12–22–14; 8:45 am] Prime Products (Non-Prime Products) requested by CBP. I understand that this 13. Whether the Department Should Adjust certification must be completed at the time BILLING CODE 3510–DS–P the Affiliated Supplier’s Cost of Wafers of the entry. I also understand that failure to Before Testing Gintech’s Transfer Prices maintain the required certification or failure with the Affiliated Wafer Supplier to substantiate the claim that the panels/ DEPARTMENT OF COMMERCE (Affiliated’s COP) modules do not contain solar cells produced 14. Whether the Department Should in Taiwan will result in suspension of all International Trade Administration Include Losses Related to Inventory unliquidated entries for which these Disposals in Gintech’s G&A Expense requirements were not met and the [A–570–010] Rate (Inventory Disposals) requirement that the importer post an AD cash deposit on those entries equal to the 15. Whether the Department Should Certain Crystalline Silicon Photovoltaic Include LCM Adjustments in Gintech’s applicable rate in effect at the time of entry.1 Reported Costs (LCM Adjustments) Products From the People’s Republic lllllllllllllllllllll of China: Final Determination of Sales 16. Whether the Department Should Name of Company Official Account for the Differences between at Less Than Fair Value Gintech’s Total Cost Accounting System lllllllllllllllllllll Costs and its Total Reported Costs Title AGENCY: Enforcement and Compliance, (Methodological Difference) lllllllllllllllllllll International Trade Administration, 17. Whether the Department Should Adjust Date Department of Commerce. Gintech’s Financial Expense Rate for Certain Items Identified at Verification Exporter Certification DATES: Effective Date: December 23, (Financial Expense Rate) I hereby certify that I am an official of 2014. C. Issues Involving Motech (insert name of company exporting solar 18. Whether to Include Reported ‘‘Indirect’’ panels/modules), that I have knowledge of SUMMARY: The Department of Commerce Sales in the Calculation of U.S. Price the facts regarding the exportation of the (the Department) determines that certain 19. Whether to Exclude Sales of Modules solar panels/modules or other products crystalline silicon photovoltaic products Produced by Motech’s Affiliate in the containing the solar panels/modules (certain solar products) from the PRC identified below, and that these solar panels/ People’s Republic of China (PRC) are 20. Whether U.S. Indirect Selling Expenses modules do not contain solar cells produced being, or are likely to be, sold in the Should Not Include Expenses for R&D in Taiwan. United States at less than fair value By signing this certificate, I also hereby 21. Whether Motech’s Short-Term Interest (LTFV), as provided in section 735 of Rate Should be used to Calculate U.S. certify that (insert name of company Credit and Inventory Carrying Cost exporting solar panels/modules) maintains the Tariff Act of 1930, as amended (the 22. Whether U.S. Warehousing Expense sufficient documentation supporting this Act). The final weighted-average Calculation Should be Revised certification for all solar cells used to dumping margins for this investigation 23. Whether a Different Basis Should be produce the solar panels/modules identified are listed in the ‘‘Final Determination Used for Certain Payment Dates below. I am aware that records pertaining to Margins’’ section below. 24. Whether a Downward Adjustment this certification may be subject to Should be Made to the Price for a Home verification by Department of Commerce FOR FURTHER INFORMATION CONTACT: Market Transaction officials and I consent to verification with Jeffrey Pedersen or Thomas Martin, AD/ 25. Whether Grade Z Cells Should Bear the respect to this certification and these records. CVD Operations, Office IV, Enforcement Same Cost as Grades A and B Cells I understand that this certification must be and Compliance, International Trade 26. Whether the Inventory Adjustment completed at the time of shipment. I also Administration, U.S. Department of understand that failure to maintain the Ratio Should be Revised Commerce, 14th Street and Constitution 27. Whether the Financial Expense Ratio required certification or failure to substantiate the claim that the panels/ Avenue NW., Washington, DC 20230; Calculation Should Include the Gains on telephone: (202) 482–2769 or (202) 482– Foreign Currency Translation modules do not contain solar cells produced in Taiwan will result in suspension of all 3936, respectively. 28. Whether the Cost for One of Motech’s unliquidated entries for which these Modules CONNUMs Should be Adjusted requirements were not met and the SUPPLEMENTARY INFORMATION: V. Recommendation requirement that the importer post an AD Background Appendix II cash deposit on those entries equal to the applicable rate in effect at the time of entry.1 Importer Certification The Department published the The exports covered by this certification are preliminary determination in the LTFV I hereby certify that I am an official of (insert invoice numbers, purchase order numbers, export documentation, etc. to investigation of certain solar products (insert name of company importing solar 1 panels/modules), that I have knowledge of identify the exports covered by the from the PRC on July 31, 2014. The the facts regarding the importation of the certification). following events occurred since the preliminary determination. Between solar panels/modules or other products lllllllllllllllllllll containing solar panels/modules that entered Name of Company Official August 4 and 14, 2014, the Department under entry number(s) (insert entry conducted a verification of Changzhou number(s) covered by the certification), and lllllllllllllllllllll Trina Co., Ltd. and Trina that these solar panels/modules do not Solar (Changzhou) Science & contain solar cells produced in Taiwan. 1 However, if the certification also does not meet Technology Co., Ltd. (collectively, Trina By signing this certificate, I also hereby the requirements set forth in Crystalline Silicon certify that (insert name of company Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China: Final 1 See Certain Crystalline Silicon Photovoltaic importing solar panels/modules) maintains Determination of Sales at Less Than Fair Value, Products From the People’s Republic of China: sufficient documentation supporting this and Affirmative Final Determination of Critical Affirmative Preliminary Determination of Sales at certification for all solar cells used to Circumstances, in Part, 77 FR 63791 (October 17, Less Than Fair Value and Postponement of Final produce the solar panels/modules imported 2012) (Solar I), then the applicable rate is the Determination, 79 FR 44399 (July 31, 2014) under the above-referenced entry number(s). appropriate rate as set forth in the Solar I order. (‘‘Preliminary Determination’’).

VerDate Sep<11>2014 03:01 Dec 23, 2014 Jkt 235001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 76971

Solar) in Changzhou, PRC, and parties with an opportunity to submit Although certain parties requested conducted a verification of their U.S. comments on the potential that a hearing be held, on October 24, sales affiliate, Trina Solar (U.S.) Inc., in clarification.5 2014, all requests were subsequently San Jose, California. Between August 7 On October 16, 2014, Trina Solar, withdrawn. Thus, the Department did and 20, 2014, the Department conducted Renesola/Jinko, SolarWorld Americas not hold a hearing with respect to this a verification of Renesola Jiangsu Ltd., Inc. (Petitioner) (formerly SolarWorld investigation. Renesola America Inc., Jinko Solar Industries America, Inc.), the Import and Export Co., Ltd., and Jinko Government of the PRC, a U.S. importer, Period of Investigation Solar (U.S.) Inc., in Shanghai and Suniva Inc., and certain separate rate Yixing, PRC, and in San Francisco, applicants submitted case briefs.6 From The period of investigation (POI) is California.2 The Department issued the October 22, 2014 to October 27, 2014, April 1, 2013, through September 30, verification reports regarding Trina Trina Solar, Renesola/Jinko, Petitioner, 2013. This period corresponds to the Solar on September 26, 2014.3 The and certain separate rate applicants two most recent fiscal quarters prior to Department issued the verification submitted rebuttal briefs.7 the month of the filing of the petition, reports regarding Renesola/Jinko on which was December 2013.8 4 5 See Letter to All Interested Parties ‘‘Re: September 30 and October 2, 2014. Scope Comments and Scope On October 3, 2014, in response to Antidumping and Countervailing Duty Investigations of Certain Crystalline Silicon Clarification interested parties’ comments on the Photovoltaic Products from the People’s Republic of scope of this investigation, the China and the Antidumping Duty Investigation of As indicated in the ‘‘Background’’ Department announced that it was Certain Crystalline Silicon Photovoltaic Products section above, the Department received from Taiwan: Opportunity to Submit Scope considering the possibility of a scope comments regarding the scope of this clarification, described the possible Comments,’’ dated October 3, 2014. 6 See Letter from fourteen separate rate investigation from numerous interested clarification, and provided interested applicants, ‘‘Re: Antidumping and Countervailing parties. The Department summarized Duty Investigations of Certain Crystalline Silicon these comments and addressed them in 2 The Department is treating the Renesola and Photovoltaic Products from the People’s Republic of Jinko companies under investigation as a single China, and Antidumping Duty Investigation of the accompanying Issues and Decision entity hereinafter collectively referred to as Certain Crystalline Silicon Photo voltaic Products Memorandum.9 As explained in the Renesola/Jinko. See Memorandum to Paul Piquado, from Taiwan: Respondents’ Case Brief,’’ dated Issues and Decision Memorandum, we Assistant Secretary for Enforcement and October 16, 2014; Letter from the PRC Government, Compliance, From Christian Marsh, Deputy ‘‘Re: Government of China’s Case Brief: Certain have clarified the scope language such Assistant Secretary for Antidumping and Crystalline Silicon Photovoltaic Products from the that subject merchandise includes all Countervailing Duty Operations regarding Certain People’s Republic Of China,’’ dated October 16, modules, laminates and/or panels Crystalline Silicon Photovoltaic Products from the 2014; Letter from Asun Energy Co., Ltd. (a/k/a People’s Republic of China: Issues and Decision Suzhou Asun Energy Co., Ltd.), ‘‘Re: Administrative assembled in the PRC that contain Memorandum for the Final Determination of Sales Case Brief: Antidumping Duty Investigation of crystalline silicon photovoltaic cells at Less Than Fair Value,’’ dated concurrently with Certain Crystalline Silicon Photovoltaic Products produced in a customs territory other and hereby adopted by this notice (‘‘Issues and from the People’s Republic of China (A–570–010),’’ 10 Decision Memorandum’’) at Comment 16. dated October 16, 2014; Letter from Trina, ‘‘Re: than the PRC. The scope of the 3 See Memorandum to the File, from Erin Certain Crystalline Silicon Photovoltaic Products investigation for this final determination Kearney, Patrick O’Connor, and Jeff Pedersen, from the People’s Republic of China; Case Brief of is below. International Trade Compliance Analysts, AD/CVD Changzhou Trina Solar Energy Co., Ltd.,’’ dated Operations, Office IV, titled ‘‘Verification of the October 16, 2014; Letter from Renesola, ‘‘Re: Certain Sales and Factors of Production Information Crystalline Silicon Photovoltaic Products from China and Taiwan: Rebuttal Brief,’’ dated October Submitted by Changzhou Trina Solar Energy Co., China; Case Brief,’’ dated October 16, 2014; Letter 22, 2014; Letter from Changzhou Almaden Co., Ltd., Ltd. in the Antidumping Duty Investigation of from Junco, ‘‘Re: Certain Crystalline Silicon ‘‘Re: Crystalline Silicon Photovoltaic Products from Certain Crystalline Silicon Photovoltaic Products Photovoltaic Products from the People’s Republic of P.R. China: Rebuttal Brief,’’ dated October 22, 2014; from the People’s Republic of China (‘‘PRC’’),’’ China: Case Brief,’’ dated October 16, 2014; Letter Letter from Renesola ‘‘Re: Certain Crystalline dated September 26, 2014; see Memorandum to the from Hanwha QCELLS USA, Inc., ‘‘Re: Certain Silicon Photovoltaic Products from China; Rebuttal File, from Patrick O’Connor and Jeff Pedersen, Crystalline Silicon Photovoltaic Products from the Brief,’’ dated October 22, 2014; Letter from People’s Republic of China,’’ dated October 16, International Trade Compliance Analysts, AD/CVD Petitioner, ‘‘Re: Certain Crystalline Silicon 2014; Letter from Suniva, Inc., ‘‘Re: Case Brief on Operations, Office IV, titled ‘‘Verification of Trina Photovoltaic Products from the People’s Republic of Scope Issues Certain Crystalline Silicon Solar (U.S.) Inc. in the Antidumping Duty China: Rebuttal Brief of Solar World Americas, Investigation of Certain Crystalline Silicon Photovoltaic Products from China and Taiwan,’’ Inc.,’’ dated October 22, 2014; Letter from Trina, Photovoltaic Products from the People’s Republic of dated October 16, 2014; Letter from tenKsolar ‘‘Re: Certain Crystalline Silicon Photovoltaic China (‘‘PRC’’),’’ dated September 26, 2014. (Shanghai) Co., Ltd., ‘‘Re: Certain Crystalline Products from the People’s Republic of China: 4 See Memorandum to the File, from Thomas Silicon Photovoltaic Products from the People’s Rebuttal Brief of Changzhou Trina Solar Energy Co., Martin, Lilit Astvatsatrian, Theresa Deeley, Republic of China and Taiwan– Case Brief,’’ dated International Trade Compliance Analysts, AD/CVD October 16, 2014; Letter from SNJ Enterprises LLC Ltd.,’’ dated October 22, 2014. see also Letter from Operations, Office IV, titled ‘‘Verification of the dba Zamp Solar and Quebec Inc. dba RDK Products, fourteen separate rate applicants, ‘‘Re: Antidumping Sales Responses of Renesola America Inc. in the ‘‘Re: Certain Crystalline Silicon Photovoltaic and Countervailing Duty Investigations of Certain Antidumping Investigation of Certain Silicon Products from the People’s Republic of China: Case Crystalline Silicon Photovoltaic Products from the Crystalline Photovoltaic Products from the People’s Brief,’’ dated October 16, 2014; Letter from People’s Republic of China, and Antidumping Duty Republic of China,’’ dated September 30, 2014; see Petitioner, ‘‘Re: Certain Crystalline Silicon Investigation of Certain Crystalline Silicon Photo Memorandum to the File, from Thomas Martin, Lilit Photovoltaic Products from the People’s Republic of voltaic Products from Taiwan: Respondents’ Astvatsatrian, Theresa Deeley, International Trade China: Case Brief of Solar World Americas, Inc.,’’ Rebuttal Brief,’’ dated October 27, 2014; Letter from Compliance Analysts, AD/CVD Operations, Office dated October 16, 2014. Hanwha QCELLS USA, Inc. ‘‘Re: Certain Crystalline IV, titled ‘‘Verification of Jinko Solar Import & 7 See Letter from Hanwha SolarOne (Qidong) Co., Silicon Photovoltaic Products from the People’s Export Co., Ltd. and Jinko Solar (U.S.) Inc. in the Ltd. and Hanwha SolarOne Hong Kong Limited, Republic of China,’’ dated October 27, 2014; Letter Antidumping Duty Investigation of Certain ‘‘Re: Rebuttal Brief: Antidumping Duty from SNJ Enterprises LLC dba Zamp Solar LLC and Crystalline Silicon Photovoltaic Products, from the Investigation of Certain Crystalline Silicon Quebec Inc. dba RDK Products, ‘‘Re: Certain People’s Republic of China (‘‘PRC’’),’’ dated Photovoltaic Products from the People’s Republic of Crystalline Silicon Photovoltaic Products from the September 30, 2014; see Memorandum to the File, China (A–570–010),’’ dated October 22, 2014; Letter People’s Republic of China: Rebuttal Brief,’’ dated from Thomas Martin, Lilit Astvatsatrian, Theresa from Asun Energy Co., Ltd. (a/k/a Suzhou Asun October 27, 2014; Letter from Petitioner, ‘‘Re: Energy Co., Ltd.), ‘‘Re: Rebuttal Brief: Antidumping/ Deeley, International Trade Compliance Analysts, Certain Crystalline Silicon Photovoltaic Products Countervailing Duty Investigations of Certain AD/CVD Operations, Office IV, titled ‘‘Verification from the People’s Republic of China: SolarWorld’s of the Sales and Factors Responses of Renesola Crystalline Silicon Photovoltaic Products from the Rebuttal Brief on Scope,’’ dated October 27, 2014. Jiangsu Ltd. in the Antidumping Duty Investigation People’s Republic of China,’’ dated October 22, 8 of Certain Silicon Crystalline Photovoltaic Products 2014; Letter from Shangluo BYD Industrial Co., Ltd. 19 CFR 351.204(b)(1). from the People’s Republic of China,’’ dated and Shanghai BYD Co., Ltd. ‘‘Re: Crystalline Silicon 9 See Issues and Decision Memorandum. October 2, 2014. Photovoltaic Products from the People’s Republic of 10 Id. at Comment 1.

VerDate Sep<11>2014 20:44 Dec 22, 2014 Jkt 235001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 76972 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices

Certifications No Longer Required for assembled in the PRC consisting of written description of the scope of this This Proceeding crystalline silicon photovoltaic cells of investigation is dispositive. thickness equal to or greater than 20 In the Preliminary Determination, the Analysis of Comments Received Department announced that (1) if an micrometers, having a p/n junction importer imports solar modules that formed by any means, whether or not All issues raised in the case and were assembled in the PRC and (2) the cell has undergone other processing, rebuttal briefs by parties to this claims the solar modules do not contain including, but not limited to, cleaning, investigation are addressed in the Issues solar cells manufactured in third etching, coating, and/or addition of and Decision Memorandum. A list of countries using ingots, wafers, or materials (including, but not limited to, the issues which the parties raised and partially produced solar cells metallization and conductor patterns) to to which the Department responded in manufactured in the PRC, the importer collect and forward the electricity that the Issues and Decision Memorandum is and PRC exporter of those solar modules is generated by the cell. attached to this notice as an Appendix. are required to certify the claim and Excluded from the scope of this The Issues and Decision Memorandum maintain documentation supporting the investigation are thin film photovoltaic is a public document and is on file certifications.11 However, given the products produced from amorphous electronically via Enforcement and clarification to the scope language, the silicon (a-Si), cadmium telluride (CdTe), Compliance’s Antidumping and Department is revoking the importer or copper indium gallium selenide Countervailing Duty Centralized and exporter certification requirements (CIGS). Also excluded from the scope of Electronic Service System (ACCESS). announced in the Preliminary this investigation are modules, ACCESS is available to registered users Determination. Importers and PRC laminates and/or panels assembled in at http://access.trade.gov and it is exporters will not be required to the PRC, consisting of crystalline silicon available to all parties in the Central photovoltaic cells, not exceeding maintain the certifications identified in 2 Records Unit, room 7046 of the main the Preliminary Determination for 10,000mm in surface area, that are Department of Commerce building. In merchandise entered, or withdrawn permanently integrated into a consumer addition, a complete version of the from warehouse, for consumption on or good whose function is other than Issues and Decision Memorandum can power generation and that consumes the after July 31, 2014, the date of be accessed directly at http:// electricity generated by the integrated publication of the Preliminary enforcement.trade.gov/frn/. The signed crystalline silicon photovoltaic cells. Determination notice in the Federal and electronic versions of the Issues and Where more than one module, laminate Register. The revocation of the Decision Memorandum are identical in and/or panel is permanently integrated certification requirements previously content. established in this investigation does into a consumer good, the surface area not change or rescind the certification for purposes of this exclusion shall be Changes to the Margin Calculations requirements established in connection the total combined surface area of all Since the Preliminary Determination modules, laminates and/or panels that with the existing AD order on Based on the Department’s analysis of crystalline silicon photovoltaic cells, are integrated into the consumer good. Further, also excluded from the scope of the comments received and our findings whether or not assembled into modules, at verification, we made certain changes from the PRC.12 this investigation are any products covered by the existing antidumping to the margin calculations. For a Scope of the Investigation and countervailing duty orders on discussion of these changes, see the Issues and Decision Memorandum, the The merchandise covered by this crystalline silicon photovoltaic cells, company-specific analysis and surrogate investigation is modules, laminates and/ whether or not assembled into modules, value memoranda, and the separate rate or panels consisting of crystalline laminates and/or panels, from the calculation memorandum, all dated silicon photovoltaic cells, whether or PRC.13 concurrently with this notice. not partially or fully assembled into Merchandise covered by this other products, including building investigation is currently classified in Verification integrated materials. For purposes of the Harmonized Tariff Schedule of the this investigation, subject merchandise United States (HTSUS) under As provided in section 782(i) of the includes modules, laminates and/or subheadings 8501.61.0000, Act and 19 CFR 351.307(b)(1)(i), in panels assembled in the PRC consisting 8507.20.8030, 8507.20.8040, August 2014, the Department verified of crystalline silicon photovoltaic cells 8507.20.8060, 8507.20.8090, the information submitted by Trina produced in a customs territory other 8541.40.6020, 8541.40.6030 and Solar and Renesola/Jinko for use in the than the PRC. 8501.31.8000. These HTSUS final determination. The Department Subject merchandise includes subheadings are provided for used standard verification procedures, modules, laminates and/or panels convenience and customs purposes; the including examination of relevant accounting and production records and 11 Preliminary Determination, 79 FR 44901– 13 See Crystalline Silicon Photovoltaic Cells, original source documents provided by 44902. Whether or Not Assembled Into Modules, From the Trina Solar and Renesola/Jinko. 12 Crystalline Silicon Photovoltaic Cells, Whether People’s Republic of China: Amended Final or Not Assembled Into Modules, From the People’s Determination of Sales at Less Than Fair Value, Final Determination Margins Republic of China: Final Affirmative Countervailing and Antidumping Duty Order, 77 FR 73018 Duty Determination and Final Affirmative Critical (December 7, 2012); Crystalline Silicon Photovoltaic The Department determines that the Circumstances Determination, 77 FR 63788 Cells, Whether or Not Assembled Into Modules, following weighted-average dumping (October 17, 2012) (‘‘crystalline silicon photovoltaic From the People’s Republic of China: cells, whether or not assembled into modules, from Countervailing Duty Order, 77 FR 73017 (December margins exist for the period April 1, the PRC’’). 7, 2012). 2013 through September 30, 2013.

VerDate Sep<11>2014 20:44 Dec 22, 2014 Jkt 235001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 76973

Weighted- average dumping Exporter Producer margin (percent)

Changzhou Trina Solar Energy Co., Ltd./Trina Solar Changzhou Trina Solar Energy Co., Ltd./Trina Solar 26.71 (Changzhou) Science & Technology Co., Ltd. (Changzhou) Science & Technology Co., Ltd. Renesola Jiangsu Ltd./Renesola Zhejiang Ltd./Jinko Solar Renesola Jiangsu Ltd./Jinko Solar Co. Ltd...... 78.42 Co. Ltd./Jinko Solar Import and Export Co., Ltd. Anji DaSol Solar Energy Science & Technology Co., Ltd...... Anji DaSol Solar Energy Science & Technology Co., Ltd...... 52.13 Asun Energy Co., Ltd. (a/k/a Suzhou Asun Energy Co., Ltd.) Asun Energy Co., Ltd. (a/k/a Suzhou Asun Energy Co., Ltd.) 52.13 Baoding Tianwei New Energy Resources Co. , Ltd...... Baoding Tianwei Yingli New Energy Resources Co., Ltd., 52.13 Yingli Energy (China) Co., Ltd., and Lixian Yingli New En- ergy Co., Ltd.. BYD (Shangluo) Industrial Co., Ltd...... BYD (Shangluo) Industrial Co., Ltd...... 52.13 Canadian Solar International Limited ...... Canadian Solar Manufacturing (Luoyang) Inc., Canadian 52.13 Solar Manufacturing (Changshu), Inc. Canadian Solar Manufacturing (Changshu), Inc ...... Canadian Solar Manufacturing (Changshu), Inc ...... 52.13 Canadian Solar Manufacturing (Luoyang) Inc ...... Canadian Solar Manufacturing (Luoyang) Inc ...... 52.13 CEEG Nanjing Renewable Energy Co., Ltd...... CEEG Nanjing Renewable Energy Co., Ltd...... 52.13 Changzhou Almaden Co., Ltd...... Changzhou Almaden Co., Ltd...... 52.13 Chint Solar (Zhejiang) Co., Ltd...... Chint Solar (Zhejiang) Co., Ltd...... 52.13 ET Solar Industry Limited ...... ET Solar Industry Limited ...... 52.13 Hainan Yingli New Energy Resources Co. Ltd...... Hainan Yingli New Energy Resources Co. Ltd...... 52.13 Hangzhou Zhejiang University Sunny Energy Science and Hangzhou Zhejiang University Sunny Energy Science and 52.13 Technology Co., Ltd. Technology Co., Ltd. Hanwha SolarOne (Qidong) Co., Ltd...... Hanwha SolarOne (Qidong) Co., Ltd...... 52.13 Hanwha SolarOne Hong Kong Limited ...... Hanwha SolarOne (Qidong) Co., Ltd...... 52.13 Hefei JA Solar Technology Co., Ltd...... Hefei JA Solar Technology Co., Ltd...... 52.13 Hengdian Group DMEGC Magnetics Co., Ltd...... Hengdian Group DMEGC Magnetics Co., Ltd...... 52.13 Hengshui Yingli New Energy Resources Company Limited .... Hengshui Yingli New Energy Resources Company Limited ... 52.13 Jiangyin Hareon Power Co., Ltd...... Jiangyin Xinhui Solar Co., Ltd.; Altusvia Energy Taicang Co., 52.13 Ltd.; Hareon Solar Technology Co., Ltd.. Jiawei Solarchina Co., Ltd...... Jiawei Solarchina () Co., Ltd...... 52.13 Jiawei Technology (HK) Ltd...... Shenzhen Jiawei Photovoltaic Lighting Co. Ltd...... 52.13 LDK Solar Hi-Tech (Nanchang) Co., Ltd...... LDK Solar Hi-Tech (Nanchang) Co., Ltd...... 52.13 Lixian Yingli New Energy Company Ltd...... Lixian Yingli New Energy Company Ltd...... 52.13 MOTECH (Suzhou) Renewable Energy Co., Ltd...... MOTECH (Suzhou) Renewable Energy Co., Ltd...... 52.13 Ningbo Qixin Solar Electrical Appliance Co., Ltd...... Ningbo Qixin Solar Electrical Appliance Co., Ltd...... 52.13 Perlight Solar Co., Ltd...... Perlight Solar Co., Ltd...... 52.13 Risen Energy Co., Ltd...... Risen Energy Co., Ltd...... 52.13 Shanghai JA Solar Technology Co., Ltd...... Shanghai JA Solar Technology Co., Ltd...... 52.13 Shanghai Solar Energy Science & Technology Co., Ltd...... Lianyungang Shenzhou New Energy Co., Ltd...... 52.13 Shenzhen Jiawei Photovoltaic Lighting Co. Ltd...... Shenzhen Jiawei Photovoltaic Lighting Co. Ltd...... 52.13 Shenzhen Sungold Solar Co., Ltd...... Shenzhen Sungold Solar Co., Ltd...... 52.13 Shenzhen Topray Solar Co., Ltd...... Shenzhen Topray Solar Co., Ltd...... 52.13 Sun Earth Solar Power Co., Ltd...... Sun Earth Solar Power Co., Ltd...... 52.13 Sunny Apex Development Ltd...... Shenzhen Jiawei Photovoltaic Lighting Co. Ltd., Wuhan FYY 52.13 Technology Co., Ltd.. SunPower Systems SARL ...... SunEnergy (S.Z.) Co., Ltd...... 52.13 tenKsolar (Shanghai) Co., Ltd...... tenKsolar (Shanghai) Co., Ltd...... 52.13 Upsolar Global Co., Ltd. and including Upsolar Group, Co., Shandong Dahai Group Co. Ltd...... 52.13 Ltd.. Wanxiang Import & Export Co., Ltd...... Zhejiang Wanxiang Solar Co., Ltd...... 52.13 Wuhan FYY Technology Co., Ltd...... Wuhan FYY Technology Co., Ltd...... 52.13 Wuxi Co., Ltd...... Wuxi Suntech Power Co., Ltd...... 52.13 Yingli Energy (China) Company Limited ...... Yingli Energy (China) Company Limited, Baoding Tianwei 52.13 Yingli New Energy Resources Co., Ltd. and Lixian Yingli New Energy Co., Ltd.. Yingli Green Energy International Trading Limited ...... Yingli Energy (China) Company Limited, Baoding Tianwei 52.13 Yingli New Energy Resources Co., Ltd., and Hainan Yingli New Energy Resources Co., Ltd.. Zhongli Talesun Solar Co., Ltd...... Zhongli Talesun Solar Co., Ltd...... 52.13

PRC-Wide Rate 165.04

PRC-Wide Entity SunEnergy (S.Z.) Co., Ltd.; SunPower sales transaction during the POI that Corporation (U.S.); Jiawei Solarchina provided a basis for granting separate Consistent with the Preliminary (Shenzhen) Co., Ltd.; and Sumec rate status.14 Determination, the PRC-wide entity includes, among other companies, CSG Hardware & Tools Co., Ltd. We found 14 PVTech Co., Ltd.; Lianyungang these companies either have not See the memorandum from Jeff Pedersen, demonstrated an absence of de facto Senior International Trade Analyst, Office IV, AD/ Shenzhou New Energy Co., Ltd.; CVD Operations to Abdelali Elouaradia, Director, Lightway Green New Energy Co., Ltd.; government control, or did not have a Continued

VerDate Sep<11>2014 20:44 Dec 22, 2014 Jkt 235001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 76974 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices

The PRC-wide entity also includes 35 we calculated above de minimis exporter/producer combination listed in PRC exporters and/or producers of the estimated weighted-average dumping the table above, the cash deposit rate merchandise under consideration margins that are not based on total FA will be equal to the dumping margin during the POI that did not respond to for the two mandatory respondents, listed for that exporter/producer the Department’s request for Trina Solar and Renesola/Jinko. Because combination in the table; (2) for all other information.15 These companies we individually examined two combinations of PRC exporters/ withheld necessary information, failed companies in this investigation, basing producers of the merchandise under to provide information by the the estimated dumping margin for the consideration, the cash deposit rate will established deadlines, and significantly companies not individually examined be equal to the dumping margin impeded this proceeding by not on a weighted-average of the dumping established for the PRC-wide entity; and submitting the requested quantity and margins for the two individually (3) for all non-PRC exporters of the value information within the meaning of examined companies risks disclosure of merchandise under consideration which sections 776(a)(1) and (a)(2)(A)–(C) of business proprietary information (BPI). have not received their own separate the Act, and further, failed to cooperate Therefore, we calculated both a rate above, the cash deposit rate will be by not acting to the best of their ability weighted-average of the dumping equal to the cash deposit rate applicable to comply with the Department’s margins calculated for the two to the PRC exporter/producer requests for information within the mandatory respondents using public combination that supplied that non-PRC meaning of section 776(b) of the Act. values for their sales of subject exporter. These suspension-of- Therefore, we are continuing to apply merchandise and a simple average of liquidation instructions will remain in adverse facts available to the PRC-wide these two dumping margins, and effect until further notice. entity. See Issues and Decision selected, as the separate rate, the ITC Notification Memorandum for further discussion. average that provides a more accurate proxy for the weighted-average margin In accordance with section 735(d) of Disclosure of both companies calculated using the Act, we notified the International We intend to disclose to parties the BPI.17 Trade Commission (ITC) of the final calculations performed in this affirmative determination of sales at proceeding within five days of the date Continuation of Suspension of LTFV. As the Department’s final of publication of this notice in Liquidation determination is affirmative, in accordance with 19 CFR 351.224(b). In accordance with section accordance with section 735(b)(2) of the 735(c)(1)(B) of the Act, the Department Act, the ITC will determine, within 45 Separate Rate will instruct U.S. Customs and Border days, whether the domestic industry in The rate assigned to companies Protection (CBP) to continue to suspend the United States is materially injured, granted separate rate status that were liquidation of all appropriate entries of or threatened with material injury, by not individually examined is normally certain solar products from the PRC as reason of imports of subject determined based on the weighted- described in the ‘‘Scope of the merchandise, or sales (or the likelihood average of the estimated dumping Investigation’’ section, which were of sales) for importation, of the subject margins calculated for exporters and entered, or withdrawn from warehouse, merchandise. If the ITC determines that producers individually investigated, for consumption on or after July 31, such injury does not exist, this excluding zero and de minimis margins 2014, the date of publication in the proceeding with be terminated and all or margins based entirely on facts Federal Register of the notice of an estimated duties deposited as a result of available (FA).16 In this investigation, affirmative preliminary determination the suspension of liquidation will be that certain solar products are being, or refunded. If the ITC determines that Office IV AD/CVD Operations regarding are likely to be, sold in the United States such injury does exist, the Department ‘‘Companies Not Receiving a Separate Rate,’’ dated July 24, 2014; see also Comments 7 and 8 of the at LTFV. Further, consistent with our will issue an antidumping duty order Issues and Decision Memorandum. practice, where the product from the directing CBP to assess, upon further 15 Those companies are: Beijing Hope Industry, PRC under investigation is also subject instructions by the Department, China Sunergy, CNPV, EGing, ENN Solar Energy, to a concurrent countervailing duty antidumping duties on all imports of the Era Solar, Goldpoly (Quanzhou), Himin Holdings, Jetion, Jia Yi Energy Technology, Jiasheng (CVD) investigation, the Department subject merchandise entered, or Photovoltaic Tech., Jiutai Energy, Komaes Solar, will instruct CBP to require a cash withdrawn from warehouse, for Leye Photovoltaic Science Tech., Magi Solar deposit 18 equal to the weighted-average consumption on or after the effective Technology, Perfectenergy, Polar , amount by which the normal value date of the suspension of liquidation. Qiangsheng (QS Solar), Refine Solar, Risun Solar exceeds U.S. price, adjusted where (JiangXi Ruijing Solar Power Co., Ltd.), Shanghai Return or Destruction of Proprietary Chaori Solar Energy, Shangpin Solar, Shanshan appropriate for export subsidies and Ulica, Shenglong PV-Tech, Shenzhen Global Solar estimated domestic subsidy pass- Information Energy Tech., Shuqimeng Energy Tech, through.19 The cash deposit rates, before This notice also serves as a reminder Skybasesolar, Solargiga Energy Holdings Ltd., Sopray Solar, Sunlink PV, Tianjin Jinneng Solar any adjustments for export subsidies to the parties subject to administrative Cell, Topsolar, Trony, Weihai China Glass Solar, and estimated domestic subsidy pass- protective order (APO) of their and Yuhan Sinosola. For an additional 12 PRC through,20 are as follows: (1) For each responsibility concerning the exporters and/or producers of merchandise that disposition of propriety information were named in the Petition, the Department issued 17 a questionnaire, but did not receive confirmation of See the December 15, 2014, memorandum from delivery. Those companies are: Aiko Solar, Best Jeff Pedersen to the File entitled ‘‘Calculation of the companion investigation, because the provisional Solar Hi-tech, Dai Hwa Industrial, Eoplly New Final Margin for Separate Rate Recipients.’’ measures period has expired, Commerce will only Energy, Golden Partner development, Innovosolar, 18 See Modification of Regulations Regarding the order the resumption of the suspension of Jiangxi Green Power Co. Ltd., Sanjing Silicon, Practice of Accepting Bonds During the Provisional liquidation, and require cash deposits for Sunflower, Sunvim Solar Technology, Yunnan Measures Period in Antidumping and countervailing duties equal to the final subsidy Tianda, and Yunnan Zhuoye Energy. See Countervailing Duty Investigations, 76 FR 61042 rates, if the U.S. International Trade Commission memorandum to the file from Erin Kearney, (October 3, 2011). issues a final affirmative injury determination. In International Trade Analyst, Office 4, AD/CVD 19 See sections 772(c)(1)(C) and 777A(f) of the the event of a final affirmative injury determination, Operations on the subject ‘‘Delivery of Quantity and Act. the Department will make an adjustment to AD cash Value Questionnaires’’ dated March 12, 2014. 20 With respect to a final affirmative deposits where appropriate for export subsidies and 16 See section 735(c)(5)(A) of the Act. countervailing duty determination in the estimated domestic subsidy pass-through.

VerDate Sep<11>2014 20:44 Dec 22, 2014 Jkt 235001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 76975

disclosed under APO in accordance Comment 19. Separate Rate Application example, name, address, etc.) with 19 CFR 351.305. Timely written of tenKsolar voluntarily submitted by the commenter notification of return or destruction of VII. Recommendation may be publicly accessible. Do not APO materials or conversion to judicial [FR Doc. 2014–30092 Filed 12–22–14; 8:45 am] submit confidential business protective order is hereby requested. BILLING CODE 3510–DS–P information or otherwise sensitive or Failure to comply with the regulations protected information. and terms of an APO is a sanctionable To obtain an electronic copy of the violation. DEPARTMENT OF COMMERCE application, a list of the references used This determination is issued and in this document, and Point Blue’s published in accordance with sections National Oceanic and Atmospheric Authorization request, visit the Internet 735(d) and 777(i)(1) of the Act. Administration at: http://www.nmfs.noaa.gov/pr/ Dated: December 15, 2014. RIN 0648–XD660 permits/incidental/military.htm. NMFS prepared an Environmental Paul Piquado, Takes of Marine Mammals Incidental to Assessment (EA) in 2014 titled Assistant Secretary for Enforcement and ‘‘Issuance of an Incidental Harassment Compliance. Specified Activities; Seabird and Pinniped Research Activities in Central Authorization to Point Blue Appendix California, 2015–2016 Conservation Science and Partners to Take Marine Mammals by Harassment List of Topics Discussed in the Issues AGENCY: National Marine Fisheries and Decision Memorandum Incidental to Seabird and Pinniped Service (NMFS), National Oceanic and Research Conducted in Central I. Summary Atmospheric Administration (NOAA), California.’’ We provided relevant II. Background Commerce. environmental information to the public III. Scope of the Investigation ACTION: Notice; proposed incidental through a notice for a previous proposed IV. Separate Rate Companies harassment authorization; request for authorization (78 FR 66686, November V. Use of Adverse Facts Available comments. VI. Discussion of the Issues 6, 2013) and considered public Comment 1. Scope of the Investigation SUMMARY: We, NMFS, have received an comments received in response prior to Comment 2. Whether to Select South application from Point Blue finalizing our EA. Africa or Thailand as the Primary Conservation Science (Point Blue) At that time, NMFS concluded that Surrogate Country requesting an Incidental Harassment issuance of an annual Authorization Comment 3. Whether to Offset the Cash Authorization (Authorization) to take would not significantly affect the Deposit Rate for Export Subsidies marine mammals, by harassment, quality of the human environment and Comment 4. Whether the Department incidental to conducting proposed issued a Finding of No Significant Should Investigate the Effects of the seabird research activities on Southeast Impact (FONSI) regarding issuing an GOC’s Alleged Cyberhacking on Farallon Island, An˜ o Nuevo Island, and Authorization for Point Blue’s 2014– this Investigation Point Reyes National Seashore in central 2015 seabird research activities. In Comment 5. Ultimate Ownership of California from January 2015 through conjunction with Point Blue’s 2015– Separate Rate Applicants January 2016. Per the Marine Mammal 2016 application, NMFS will review the Comment 6. Separate Rate Applicants Protection Act, we are requesting 2014 EA to determine whether with Managers or Board Members comments on our proposal to issue an supplementation is necessary. with Ties to the Chinese Authorization to Point Blue to Information from Point Blue’s Government incidentally harass, by Level B application, NMFS’ 2014 EA, and this Comment 7. Separate Rate Status of harassment only, four species of marine notice collectively provide the Lianyungang Shenzhou New Energy mammals during the year-long environmental information related to a Co., Ltd. monitoring project. proposed issuance of the Authorization Comment 8. Separate Rate Status of for public review and comment. An ADDRESSES: Address comments on the Sumec Hardware & Tools Co., Ltd. electronic copy of the EA for this application to Jolie Harrison, Chief, Comment 9. The Appropriate Surrogate activity is available upon request (see Permits and Conservation Division, Value for Aluminum Frames ADDRESSES). Office of Protected Resources, National Comment 10. The Appropriate FOR FURTHER INFORMATION CONTACT: Surrogate Value for Scrap Solar Marine Fisheries Service, 1315 East- West Highway, Silver Spring, MD Jeannine Cody, Office of Protected Cells Resources, NMFS (301) 427–8401. Comment 11. Unpaid Sales 20910. The mailbox address for Comment 12. Quality Insurance providing email comments is ITP.Cody@ SUPPLEMENTARY INFORMATION: Section Comment 13. Warranty Costs noaa.gov. You must include 0648– 101(a)(5)(D) of the Marine Mammal Comment 14. Incorrect Allocation of XD660 in the subject line. We are not Protection Act of 1972, as amended Indirect Material, Labor, and responsible for email comments sent to (MMPA; 16 U.S.C. 1361 et seq.) directs Electricity Consumption addresses other than the one provided the Secretary of Commerce to allow, Comment 15. Whether to Base Renesola/ here. Comments sent via email, upon request, the incidental, but not Jinko’s Dumping Margin on Partial including all attachments, must not intentional, taking of small numbers of AFA exceed a 25-megabyte file size. NMFS is marine mammals of a species or Comment 16. Whether to Collapse Jinko not responsible for email comments sent population stock, by U.S. citizens who and Renesola to addresses other than the one engage in a specified activity (other than Comment 17. Whether to Use Market- provided here. commercial fishing) within a specified Economy Purchase Prices to Value Instructions: All submitted comments geographical region if, after NMFS all of Renesola/Jinko’s Solar Cells are a part of the public record and provides a notice of a proposed Comment 18. Whether to Adjust NMFS will post them to http:// authorization to the public for review Renesola/Jinko’s Cash Deposit Rate www.nmfs.noaa.gov/pr/permits/ and comment: (1) NMFS makes certain by the Full Amount of Domestic incidental/military.htm without change. findings; and (2) the taking is limited to Subsidies All Personal Identifying Information (for harassment.

VerDate Sep<11>2014 20:44 Dec 22, 2014 Jkt 235001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1 mstockstill on DSK4VPTVN1PROD with NOTICES