Certain Crystalline Silicon Photovoltaic Products From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2023-2024, 24588-24589 [2025-10638]
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[Federal Register Volume 90, Number 111 (Wednesday, June 11, 2025)] [Notices] [Pages 24588-24589] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2025-10638] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-583-853] Certain Crystalline Silicon Photovoltaic Products From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2023- 2024 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on certain crystalline silicon photovoltaic products (solar products) from Taiwan. This review covers one exporter/producer, the sole mandatory respondent in this review, EEPV Corp. (EEPV). The period of review (POR) is February 1, 2023, through January 31, 2024. Commerce preliminary determines that sales of subject merchandise have not been made below normal value (NV) by EEPV during the POR. Interested parties are invited to comment on these preliminary results. DATES: Applicable June 11, 2025. FOR FURTHER INFORMATION CONTACT: 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) 482-3936. SUPPLEMENTARY INFORMATION: Background On February 2, 2024, Commerce published in the Federal Register a notice of opportunity \1\ to request an administrative review of the AD order on solar products from Taiwan.\2\ On February 29, 2024, Commerce received a timely request for review from EEPV.\3\ On April 9, 2024, in accordance with 19 CFR 351.221(c)(1)(i), Commerce published a notice of initiation of an administrative review of the Order.\4\ On May 8, 2025, we selected EEPV as the sole mandatory respondent in this administrative review.\5\ --------------------------------------------------------------------------- \1\ See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List, 89 FR 7366 (February 2, 2024). \2\ See Certain Crystalline Silicon Photovoltaic Products from Taiwan: Antidumping Duty Order, 80 FR 8596 (February 18, 2015) (Order). \3\ See EEPV's Letter, ``Request for Administrative Review,'' dated February 29, 2024. \4\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 89 FR 24780 (April 9, 2024). \5\ See Memorandum, ``2023-2024 Antidumping Duty Administrative Review of Certain Crystalline Silicon Photovoltaic Products from Taiwan: Respondent Selection,'' dated May 8, 2024. --------------------------------------------------------------------------- On October 24, 2024, we postponed the preliminary results of this review by 120 days until March 7, 2025.\6\ Additionally, on December 9, 2024, Commerce tolled the deadline to issue the preliminary results of this administrative review by 90 days.\7\ Accordingly, the deadline for these preliminary results is now June 5, 2025. --------------------------------------------------------------------------- \6\ See Memorandum, ``Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,'' dated October 24, 2024. \7\ See Memorandum, ``Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,'' dated December 9, 2024. --------------------------------------------------------------------------- For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.\8\ A list of the topics included in the Preliminary Decision Memorandum is included in the appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's 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 Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx. --------------------------------------------------------------------------- \8\ See Memorandum, ``Decision Memorandum for the Preliminary Results of the Administrative Review of the Antidumping Duty Order on Certain Crystalline Silicon Photovoltaic Products from Taiwan; 2023-2024'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Scope of the Order The merchandise covered by this Order is solar products from Taiwan. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum.\9\ --------------------------------------------------------------------------- \9\ Id.; see also Order. --------------------------------------------------------------------------- Methodology Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We calculated export prices and NV in accordance with sections 772 and 773 of the Act, respectively. For a full description of the methodology underlying our preliminary results of review, see the Preliminary Decision Memorandum. Preliminary Results of Review We are preliminarily assigning the following weighted-average dumping margin to EEPV for the period February 1, 2023, through January 31, 2024: ------------------------------------------------------------------------ Weighted- average Producer/exporter dumping margin (percent) ------------------------------------------------------------------------ EEPV....................................................... 0.00 ------------------------------------------------------------------------ Disclosure Commerce intends to disclose its calculations for these preliminary results of review to interested parties within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR 351.309(c)(1)(ii), we have modified the deadline for interested parties to submit case briefs to Commerce to no later than 21 days after the date of the publication of this notice.\10\ Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.\11\ Interested parties who submit case briefs or rebuttal briefs in this review must submit: (1) a table of contents listing each issue; and (2) a table of authorities.\12\ All briefs must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety in ACCESS by 5:00 p.m. Eastern Time on the established deadline. --------------------------------------------------------------------------- \10\ See 19 CFR 351.309. \11\ See 19 CFR 351.309(d); See also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023) (APO and Service Final Rule). \12\ See 19 CFR 351.309(c)(2) and (d)(2). --------------------------------------------------------------------------- As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their brief that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.\13\ Further, we [[Page 24589]] request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).\14\ --------------------------------------------------------------------------- \13\ We use the term ``issue'' here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. \14\ See APO and Service Final Rule, 88 FR at 67070. --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice. Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants and whether any participant is a foreign national; and (3) a list of the issues that the party intends to discuss at the hearing. Oral presentations at the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, Commerce will inform parties of the scheduled date for the hearing.\15\ --------------------------------------------------------------------------- \15\ See 19 CFR 351.310(d). --------------------------------------------------------------------------- Assessment Rate In accordance with section 751(a)(2)(C) of the Act, the assessment of antidumping duties on entries of merchandise covered by this review shall be based on the final results of the review.\16\ Therefore, upon issuance of the final results of this review, Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise covered by this review in accordance with 19 CFR 351.212(b)(1). --------------------------------------------------------------------------- \16\ See section 751(a)(2)(C) of the Act. --------------------------------------------------------------------------- Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). We will calculate importer-specific assessment rates for EEPV, in accordance with 19 CFR 351.212(b)(1).\17\ Because EEPV reported entered values for its sales, we will calculate importer-specific ad valorem assessment rates for the company by dividing the total amount of dumping calculated for all reviewed U.S. sales to the importer by the total entered value of the merchandise sold to the importer.\18\ --------------------------------------------------------------------------- \17\ We applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). \18\ See 19 CFR 351.212(b)(1). --------------------------------------------------------------------------- Where either EEPV's ad valorem weighted-average dumping margin is zero or de minimis, or an importer-specific ad valorem assessment rate is zero or de minimis \19\ in the final results of review, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. --------------------------------------------------------------------------- \19\ See 19 CFR 351.106(c)(2). --------------------------------------------------------------------------- Pursuant to a refinement to Commerce's assessment practice, where sales of subject merchandise that was produced or exported by an individually examined respondent were not reported in the U.S. sales data submitted by the respondent, but the merchandise was entered for consumption in the United States during the POR, Commerce will instruct CBP to liquidate any entries of such merchandise at the all-others rate (i.e., 19.50 percent) \20\ if there is no rate for the intermediate company(ies) involved in the transaction.\21\ --------------------------------------------------------------------------- \20\ See Order, 80 FR at 8597. \21\ For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). --------------------------------------------------------------------------- Cash Deposit Requirements The following deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the company listed above will be equal to each company's weighted-average dumping margin established in the final results of this review, (except if the ad valorem rate is de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero); (2) for previously investigated companies not participating in this review, the cash deposit will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the company participated; (3) if the exporter is not a firm covered in this review, or the underlying investigation, but the producer is, then the cash deposit rate will be the rate established for the completed segment for the most recent POR for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 19.50 percent, the all-others rate established in the less-than-fair-value investigation.\22\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \22\ See Order, 80 FR at 8597. --------------------------------------------------------------------------- Final Results Unless otherwise extended, Commerce intends to issue the final results of this administrative review, which will include the results of its analysis of issues raised in any briefs, within 120 days of publication of these preliminary results of review in the Federal Register, pursuant to section 751(a)(3)(A) of the Act.\23\ --------------------------------------------------------------------------- \23\ See section 751(a)(3)(A) of the Act; See also 19 CFR 351.213(h)(1). --------------------------------------------------------------------------- Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(2) and 351.221(b)(4). Dated: June 5, 2025. Christopher Abbott, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Currency Conversion VI. Recommendation [FR Doc. 2025-10638 Filed 6-10-25; 8:45 am] BILLING CODE 3510-DS-P
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