Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Notices 63791 Comment 16: Flaws in the Calculation of (‘‘solar cells’’), from the People’s Between May 28, 2012 and June 25, the External Preferential Policy Lending Republic of China (‘‘PRC’’).1 On June 25, 2012, the Department conducted Benchmark 2012, the Department published its verifications of the mandatory Comment 17: Creditworthiness of Suntech Preliminary Determination Correction in respondents Wuxi Suntech Power Co. and Trina 2 Export Buyer’s Credits this antidumping investigation. The Ltd., Suntech America, Inc., Suntech Comment 18: Export Buyer’s Credits Department invited interested parties to Arizona, Inc. (collectively, ‘‘Wuxi Comment 19: Selection of AFA Rate for comment on the Preliminary Suntech’’), Changzhou Trina Solar Export Buyer’s Credits Determination. Based on the Energy Co., Ltd. (‘‘Trina’’), and certain Comment 20: Treatment of the AFA Rate Department’s analysis of the comments of their affiliates.5 for Export Buyer’s Credits in the AD received, the Department has made Between July 9, 2012, and July 26, Investigation changes from the Preliminary 2012, Wuxi Suntech, Trina, and Grants Determination. The Department Petitioner submitted surrogate value and Comment 21: Trina’s Benefit from the determines that solar cells from the PRC rebuttal surrogate value comments. Golden Sun Demonstration Program On July 24, 2012, and July 23, 2012, Comment 22: Whether a Local ‘‘Famous are being, or are likely to be, sold in the Brands’’ Program Constitutes an Export United States at LTFV, as provided in respectively, Wuxi Suntech and Trina Subsidy section 735 of the Tariff Act of 1930, as submitted revised U.S. sales and FOP Comment 23: ‘‘Discovered Grants’’ amended (the ‘‘Act’’). The final databases per the Department’s request Comment 24: ‘‘Bonus for Employees from dumping margins for this investigation to provide updated databases reflecting Government’’ Program are listed in the ‘‘Final Determination’’ the results of verification. Income Taxes section below. On July 30, 2012, Wuxi Suntech Comment 25: De Jure Specificity of Four Power Co., Ltd., Trina, SolarWorld Tax Programs; Whether Four Tax FOR FURTHER INFORMATION CONTACT: Industries America, Inc. (‘‘Petitioner’’), Programs Are Limited to Certain Jeffrey Pedersen, Krisha Hill, or Drew Yingli Green Energy Holding Company Enterprises or Groups of Enterprises Jackson, AD/CVD Operations, Office 4, Limited and Yingli Green Energy Comment 26: Whether the Department Import Administration, International Should Use the Tax Return Covering POI Americas, Inc. (collectively, ‘‘Yingli’’), Trade Administration, U.S. Department Jiangsu Jiasheng Photovoltaic Sales in Calculating Trina’s Benefit from of Commerce, 14th Street and the HNTE Income Tax Program Technology Co., Ltd. (‘‘Jiasheng’’), Miscellaneous Constitution Avenue NW, Washington, Shanghai Chaori Solar Energy Science & Comment 27: Rejection of the GOC’s DC 20230; telephone: (202) 482–2769, Technology Co., Ltd. and Shanghai Factual Information from the Record (202) 482–4037, or (202) 482–4406, Chaori International Trading Comment 28: Trina’s Sales Denominator respectively. Corporation Ltd. (collectively, Comment 29: Suntech’s Minor Corrections SUPPLEMENTARY INFORMATION: ‘‘Chaori’’), and the Government of China Comment 30: Negative Determinations (‘‘GOC’’) submitted case briefs. On July Comment 31: Allegations of Fraud Background Regarding Suntech 31, 2012, Small Steps Solar, Ltd. Scope The Department published its submitted a case brief, which the Comment 32: Scope of the Investigation Preliminary Determination on May 25, Department rejected because it was VIII. Recommendation 2012.3 On May 22 and 25, 2012, untimely filed.6 Subsequently, the [FR Doc. 2012–25564 Filed 10–16–12; 8:45 a.m.] Delsolar Co., Ltd./DelSolar (Wujiang) Department rejected Yingli’s case brief BILLING CODE 3510–DS–P Ltd. and JinkoSolar International because it contained certain new factual Limited, respectively submitted requests information.7 Yingli resubmitted its that the Department correct errors in redacted case brief on August 3, 2012.8 DEPARTMENT OF COMMERCE their company names that appeared in On August 6, 2012, Wuxi Suntech the Preliminary Determination.4 The Power Co., Ltd., Trina, Petitioner, International Trade Administration Department made the requested tenKsolar (Shanghai) Co., Ltd. and [A–570–979] corrections and published its tenKsolar, Inc. (collectively Preliminary Determination Correction ‘‘tenKsolar’’), SunPower Corporation, Crystalline Silicon Photovoltaic Cells, notice on June 25, 2012. and Sumec Hardware & Tools Co., Ltd. Whether or Not Assembled into et al.9 submitted rebuttal briefs. Further, Modules, from the People’s Republic 1 See Crystalline Silicon Photovoltaic Cells, of China: Final Determination of Sales Whether or Not Assembled Into Modules, From the 5 See the ‘‘Verification’’ section below. at Less Than Fair Value, and People’s Republic of China: Preliminary 6 See Letter from the Department to Small Steps Determination of Sales at Less Than Fair Value, Solar, Ltd., regarding ‘‘Crystalline Silicon Affirmative Final Determination of Postponement of Final Determination and Photovoltaic Cells, Whether or Not Assembled Into Critical Circumstances, in Part Affirmative Preliminary Determination of Critical Modules, from the People’s Republic of China: Circumstances,77 FR 31309 (May 25, 2012) Small Steps Solar, Ltd.’s July 31, 2012 Submission,’’ AGENCY: Import Administration, (‘‘Preliminary Determination’’). dated August 3, 2012. International Trade Administration, 2 See Crystalline Silicon Photovoltaic Cells, 7 See Letter from the Department to Yingli, Department of Commerce Whether or Not Assembled Into Modules, From the regarding ‘‘Crystalline Silicon Photovoltaic Cells, People’s Republic of China: Preliminary Whether or Not Assembled Into Modules, from the DATES: Effective Date: October 17, 2012. Determination Correction, 77 FR 37877 (June 25, People’s Republic of China: July 30, 2012 Case Brief SUMMARY: On May 25, 2012, the 2012) (‘‘Preliminary Determination Correction’’). of Yingli Green Energy Holding Company Limited Department of Commerce 3 See Preliminary Determination. and Yingli Green Energy Americas, Inc.,’’ dated (‘‘Department’’) published its 4 See Letter from JinkoSolar International Limited August 2, 2012. preliminary determination of sales at to the Department regarding, ‘‘Crystalline Silicon 8 See Letter from Yingli to the Department, Photovoltaic Cells, Whether or Not Assembled into regarding ‘‘Crystalline Silicon Photovoltaic Celis, less than fair value (‘‘LTFV’’), Modules, from the People’s Republic of China; Whether or Not Assembled into Modules, from the postponement of final determination Ministerial Error in Preliminary Determination,’’ People’s Republic of China: Resubmission of and affirmative preliminary dated May 25, 2012. See also Letter from DelSolar Yingli’s Case Brief,’’ dated August 3, 2012. determination of critical circumstances Co., Ltd. and DelSolar (Wujiang) Ltd. to the 9 The following separate rate companies jointly Department regarding, ‘‘Crystalline Silicon submitted a rebuttal brief: Sumec Hardware & Tools in the antidumping investigation of Photovoltaic Cells, Whether or Not Assembled Into Co., Ltd., Ningbo Etdz Holdings Ltd., LDK Solar Hi- crystalline silicon photovoltaic cells, Modules, from the People’s Republic of China: Tech (Nanchang) Co., Ltd., LDK Solar Hi-Tech whether or not assembled into modules Request for Correction,’’ dated May 22, 2012. Continued VerDate Mar<15>2010 18:49 Oct 16, 2012 Jkt 229001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\17OCN1.SGM 17OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63792 Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Notices Wuxi Suntech, Trina Solar and Trina 7046 of the main Department of Changes Specific to Trina Solar (U.S.), Inc., and Yingli jointly Commerce building. In addition, a • Calculated Trina’s dumping margin submitted a rebuttal brief on August 6, complete version of the Issues and using the invoice or rated quantity in 2012. Decision Memorandum can be accessed watts rather than the maximum rated On June 25, 2012, Wuxi Suntech, directly on the internet at http:// quantity in watts. Trina, Petitioner, and Yingli requested a www.trade.gov/ia/. The signed Issues • Updated warranty expenses, hearing. Based on these hearing and Decision Memorandum and the rebates, and other minor corrections requests, on August 14, 2012, the electronic versions of the Issues and based on verification findings. Department held a public hearing Decision Memorandum are identical in • Valued Trina’s back sheets using limited to issues raised in case briefs content. Thai imports under the HTS categories and rebuttal briefs. that correspond to the primary materials On September 7, 2012, Petitioner Changes Since the Preliminary Determination which comprise the back sheet. requested that the Department re-open • Excluded two inputs that would be the record to consider new recently Changes Applicable to Multiple classified as overhead in the calculation available public information which Companies of surrogate financial ratios. indicates that Wuxi Suntech submitted • Did not apply the Sigma cap to • Updated surrogate values for certain potentially fraudulent financial certain suppliers’ distances where the 10 direct materials. statements to the Department. On surrogates used to value the input are • Used an additional financial September 11, 2012,