Utility Scale Wind Towers From the Socialist Republic of Vietnam: Final Determination of Sales at Less Than Fair Value, 75984-75988 [2012-30944]
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Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Notices
Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
Continuation of Suspension of
Liquidation
As noted above, the Department
found that critical circumstances exist
with respect to imports of merchandise
under consideration from the Vietnamwide entity and the separate rate
recipients, CTN Limited Company, Ju
Fu Co., Ltd., and Triloan Hangers, Inc.
In accordance with section 735(c)(1)(B)
of the Act, the Department will instruct
U.S. Customs and Border Protection
(‘‘CBP’’) to continue to suspend
liquidation of all appropriate entries of
subject merchandise, as described in the
‘‘Scope of Investigation’’ section of this
notice, from the separate rate recipients
and the Vietnam-wide entity that were
entered, or withdrawn from warehouse
for consumption on or after the date 90
days prior to the publication in the
Federal Register of the Preliminary
Determination.
Further, the Department will instruct
CBP to require a cash-deposit equal to
the weighted-average amount by which
the normal value exceeds U.S. price,
adjusted where appropriate for export
subsidies, as follows: (1) The rate for the
exporter/producer combinations listed
in the table above will be the rate we
have determined in this final
determination; (2) for all Vietnamese
exporters of merchandise under
consideration which have not received
their own rate, the cash-deposit rate will
be the Vietnam-wide rate; and (3) for all
non-Vietnamese exporters of
merchandise under consideration which
have not received their own rate, the
cash-deposit rate will be the rate
applicable to the Vietnamese exporter/
producer combination that supplied that
non-Vietnamese exporter. These cashdeposit instructions will remain in
effect until further notice.
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ITC Notification
In accordance with section 735(d) of
the Act, we have notified the
International Trade Commission (‘‘ITC’’)
of our final determination of sales at
LTFV. As our final determination is
affirmative, in accordance with section
735(b)(2) of the Act, within 45 days the
ITC will determine whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of the merchandise under
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investigation. If the ITC determines that
material injury or threat of material
injury does not exist, the proceeding
will be terminated and all securities
posted will be refunded or canceled. If
the ITC determines that such injury
does exist, the Department will issue an
antidumping duty order directing CBP
to assess antidumping duties on all
imports of the merchandise under
investigation entered, or withdrawn
from warehouse, for consumption on or
after the effective date of the suspension
of liquidation.
Notification Regarding APO
This notice also serves as a reminder
to the parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely
notification of return or destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
This determination and notice are
issued and published in accordance
with sections 735(d) and 777(i)(1) of the
Act.
Dated: December 17, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I
Comment 1: The Department’s Preliminary
Affirmative Determination of Critical
Circumstances
[FR Doc. 2012–30951 Filed 12–21–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–814]
Utility Scale Wind Towers From the
Socialist Republic of Vietnam: Final
Determination of Sales at Less Than
Fair Value
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: December 24,
2012.
SUMMARY: On August 2, 2012, the
Department of Commerce
(‘‘Department’’) published its
preliminary determination of sales at
less than fair value (‘‘LTFV’’) and
postponement of final determination in
the antidumping investigation of utility
scale wind towers (‘‘wind towers’’) from
AGENCY:
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the Socialist Republic of Vietnam
(‘‘Vietnam’’).1 Based on the
Department’s analysis of the comments
received, the Department has made
changes from the Preliminary
Determination. The Department
determines that wind towers from
Vietnam are being, or are likely to be,
sold in the United States at LTFV, as
provided in section 735 of the Tariff Act
of 1930, as amended (the ‘‘Act’’). The
final weighted-average dumping
margins for this investigation are listed
in the ‘‘Final Determination’’ section
below.
FOR FURTHER INFORMATION CONTACT:
Magd Zalok or Charles Riggle, AD/CVD
Operations, Office 4, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4162 or (202) 482–
0650, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published its
preliminary determination of sales at
LTFV and postponement of final
determination on August 2, 2012.2
Between August 13, 2012, and August
24, 2012, the Department conducted
verifications of the mandatory
respondent CS Wind Vietnam Co., Ltd.
(‘‘CS Wind Vietnam’’) and its parent
company CS Wind Corporation (‘‘CS
Wind Corp.’’) (collectively, ‘‘CS Wind
Group’’).3 Between September 14, 2012,
and September 24, 2012, CS Wind
Group and the Wind Tower Trade
Coalition (‘‘Petitioner’’) 4 submitted
surrogate value and rebuttal surrogate
value comments.
On October 2, 2012, CS Wind Group
and Petitioner submitted case briefs. On
October 9, 2012, CS Wind Group and
Petitioner submitted rebuttal briefs.
On September 4, 2012, Petitioner
requested a hearing. However, on
October 23, 2012, Petitioner withdrew
its request for a hearing, and no other
parties requested a hearing.
1 See Utility Scale Wind Towers from the Socialist
Republic of Vietnam: Preliminary Determination of
Sales at Less Than Fair Value and Postponement
of Final Determination, 77 FR 29315 (August 2,
2012) (‘‘Preliminary Determination’’).
2 See Preliminary Determination.
3 See the ‘‘Verification’’ section below.
4 The Wind Tower Trade Coalition is comprised
of Broadwind Towers, Inc., DMI Industries, Katana
Summit LLC, and Trinity Structural Towers, Inc.
See Petitions for the Imposition of Antidumping
and Countervailing Duties on Utility Scale Wind
Towers from the People’s Republic of China and
Antidumping Duties on Utility Scale Wind Towers
from the Socialist Republic of Vietnam (December
29, 2011) (‘‘Petition’’).
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Period of Investigation
The period of investigation (‘‘POI’’) is
April 1, 2011, through September 30,
2011. This period corresponds to the
two most recent fiscal quarters prior to
the month of the filing of the petition,
which was December 2011.5
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
investigation, as well as comments
received pursuant to the Department’s
requests are addressed in the Issues and
Decision Memorandum.6 A list of the
issues which the parties raised and to
which the Department responded in the
Issues and Decision Memorandum is
attached to this notice as Appendix I.
The Issues and Decision Memorandum
is a public document and is on file
electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). Access to IA ACCESS is
available to registered users at https://
iaaccess.trade.gov and is available to all
parties in the CRU, room 7046 of the
main Department of Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
on the Internet at https://www.trade.gov/
ia/. The signed Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
Extension of Final Determination Due
to Government Closure During
Hurricane Sandy
On October 31, 2012, the
Department’s Import Administration
determined that the impact of the recent
government closure during Hurricane
Sandy would be best minimized by
uniformly tolling all Import
Administration deadlines for two days.7
This determination applies to every
proceeding before the Import
Administration, including this
investigation. The Department notes,
however, that because the deadline of
the final determination of this
investigation was originally on
December 15, 2012, which falls on a
weekend, this deadline would have
been automatically extended by two
days until the following working day,
Monday, December 17, 2012. Therefore,
the two day extension of the deadlines
due to government closure during
Hurricane Sandy does not impact the
deadline for the final determination of
this investigation.
Changes Since the Preliminary
Determination
• The Department revised its
calculation of brokerage and handling.
• The Department made price
adjustments to certain U.S. sales.
• The Department corrected the
shipment dates for certain U.S. sales.
• The Department revised the
reported factors of production (‘‘FOPs’’)
of self-produced and free-of-charge
internal components so that the total
sum of all FOPs equals the packed
weight of the subject merchandise.
• The Department granted a steel
scrap offset.
• The Department revised the
reported labor hours to include idle
labor hours based on verification
findings.
• The Department revised the perunit measurement of insulated wire to
reflect meters rather than pieces based
on verification findings.
• The Department revised the
reported pieces of tarpaulins based on
verification findings.
• The Department revised the
reported distance from the port to CS
Wind Vietnam’s manufacturing facility
for all imported inputs to the simple
average of the two ports used during the
POI based on verification findings.
• The Department revised the
distance from CS Wind Vietnam’s LPG
supplier to CS Wind Vietnam’s
manufacturing facility based on
verification findings.
• The Department used the financial
statements for Ganges International Pvt
Ltd. for purposes of calculating the
surrogate financial ratios.
Scope of the Investigation
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5 See
19 CFR 351.204(b)(1).
6 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration,
regarding ‘‘Issues and Decision Memorandum for
the Final Determination in the Antidumping Duty
Investigation of Utility Scale Wind Towers from the
Socialist Republic of Vietnam’’ (December 17, 2012)
(‘‘Issue and Decision Memorandum’’).
7 See Memorandum For the Record from Paul
Piquado, Assistant Secretary for Import
Administration, ‘‘Tolling of Administrative
Deadlines as a Result of the Government Closure
During Hurricane Sandy’’ (October 31, 2012).
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The merchandise covered by this
investigation are certain wind towers,
whether or not tapered, and sections
thereof. Certain wind towers are
designed to support the nacelle and
rotor blades in a wind turbine with a
minimum rated electrical power
generation capacity in excess of 100
kilowatts (‘‘kW’’) and with a minimum
height of 50 meters measured from the
base of the tower to the bottom of the
nacelle (i.e., where the top of the tower
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and nacelle are joined) when fully
assembled.
A wind tower section consists of, at
a minimum, multiple steel plates rolled
into cylindrical or conical shapes and
welded together (or otherwise attached)
to form a steel shell, regardless of
coating, end-finish, painting, treatment,
or method of manufacture, and with or
without flanges, doors, or internal or
external components (e.g., flooring/
decking, ladders, lifts, electrical buss
boxes, electrical cabling, conduit, cable
harness for nacelle generator, interior
lighting, tool and storage lockers)
attached to the wind tower section.
Several wind tower sections are
normally required to form a completed
wind tower.
Wind towers and sections thereof are
included within the scope whether or
not they are joined with nonsubject
merchandise, such as nacelles or rotor
blades, and whether or not they have
internal or external components
attached to the subject merchandise.
Specifically excluded from the scope
are nacelles and rotor blades, regardless
of whether they are attached to the wind
tower. Also excluded are any internal or
external components which are not
attached to the wind towers or sections
thereof.
Merchandise covered by the
investigation are currently classified in
the Harmonized Tariff System of the
United States (‘‘HTSUS’’) under
subheadings 7308.20.0020 8 or
8502.31.0000.9 Prior to 2011,
merchandise covered by the
investigation were classified in the
HTSUS under subheading 7308.20.0000
and may continue to be to some degree.
While the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of the investigation is dispositive.
Scope Comments
The Department received comments
regarding the scope of the investigation
from Petitioner and CS Wind Group.
After analyzing the comments, the
Department has made no changes to the
scope of this investigation. For a
complete discussion of scope issues, see
the Issues and Decision Memorandum at
Comment 10.
Verification
As provided in section 782(i) of the
Act, the Department verified the
8 Wind towers are classified under HTSUS
7308.20.0020 when imported as a tower or tower
section(s) alone.
9 Wind towers may also be classified under
HTSUS 8502.31.0000 when imported as part of a
wind turbine (i.e., accompanying nacelles and/or
rotor blades).
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information submitted by CS Wind
Group for use in the final determination.
The Department used standard
verification procedures, including
examination of relevant accounting and
production records and original source
documents provided by this respondent.
Non-Market Economy Country
The Department considers Vietnam to
be a non-market economy (‘‘NME’’)
country.10 In accordance with section
771(18)(C)(i) of the Act, any
determination that a foreign country is
an NME country shall remain in effect
until revoked by the administering
authority. The Department has not
revoked Vietnam’s status as an NME
country. No party has challenged the
designation of Vietnam as an NME
country in this investigation. Therefore,
the Department continues to treat
Vietnam as an NME for purposes of this
final determination.
Surrogate Country
In the Preliminary Determination, the
Department stated that it selected India
as the appropriate surrogate country to
use in this investigation pursuant to
section 773(c)(4) of the Act based on the
following: (1) It is at a similar level of
economic development; (2) it is a
significant producer of comparable
merchandise; and (3) we have reliable
data from India that we can use to value
the factors of production.11 As no party
has challenged the selection of India
since the Preliminary Determination,
the Department continues using India as
the primary surrogate country.
Single Entity Treatment
In the Preliminary Determination, the
Department determined that CS Wind
Vietnam and CS Wind Corporation, the
Korean parent company of CS Wind
Vietnam, are affiliated pursuant to
sections 771(33)(E) and (F) of the Act
and that these companies should be
treated as a single entity for
antidumping duty purposes.12
Furthermore, the Department found a
significant potential for manipulation of
production and sales decisions between
CS Wind Corporation and CS Wind
Vietnam.13 Accordingly, the Department
has determined it appropriate to treat
CS Wind Corporation and CS Wind
10 See
Preliminary Determination, 77 FR at 46060.
77 FR at 46060–61.
12 See Preliminary Determination, 77 FR at
46061–62; Memorandum from Magd Zalok,
International Trade Analyst, through Charles Riggle,
Program Manager, AD/CVD Operations, Office 4, to
Abdelali Elouaradia, Director, AD/CVD Operations,
Office 4, regarding ‘‘Affiliation and Single Entity
Status of CS Wind Group Vietnam Co., Ltd. and CS
Wind Corporation’’ (July 26, 2012).
13 Id.
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11 Id.,
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Vietnam as a single entity in this
proceeding. Since the Preliminary
Determination, the Department received
no new information to warrant a change
in its finding that CS Wind Corporation
and CS Wind Vietnam are a single
entity. Accordingly, consistent with the
Preliminary Determination, the
Department continues to find CS Wind
Corporation and CS Wind Vietnam to be
a single entity for purposes of the final
determination.
Separate Rate
In proceedings involving NME
countries, the Department holds a
rebuttable presumption that all
companies within the country are
subject to government control and, thus,
should be assessed a single antidumping
duty rate. It is the Department’s policy
to assign all exporters of the subject
merchandise in an NME country this
single rate unless an exporter can
demonstrate that it is sufficiently
independent so as to be entitled to a
separate rate.14 The Department
analyzes whether each entity exporting
the subject merchandise is sufficiently
independent under a test arising from
Sparklers,15 as further developed in
Silicon Carbide.16 In accordance with
the separate rates criteria, the
Department assigns separate rates in
NME cases if respondents can
demonstrate the absence of both de jure
and de facto governmental control over
their export activities. If, however, the
Department determines that a company
is wholly foreign owned, then a separate
rate analysis is not necessary to
determine whether it is independent
from government control.17
As indicated in the Preliminary
Determination, Petitioner listed only
two known Vietnamese exporters/
producers in the Petition: CS Wind
Vietnam Co., Ltd. (‘‘CS Wind Vietnam’’)
and Vina-Halla Heavy Industries Ltd.
(‘‘Vina-Halla’’). As noted in the
Preliminary Determination, CS Wind
Group, the respondent in this
investigation, provided information
indicating that it is a wholly-owned
foreign enterprise.18 Since the
14 See Final Determination of Sales at Less Than
Fair Value: Sparklers From the People’s Republic of
China, 56 FR 20588 (May 6, 1991) (‘‘Sparklers’’), as
amplified by Notice of Final Determination of Sales
at Less Than Fair Value: Silicon Carbide From the
People’s Republic of China, 59 FR 22585 (May 2,
1994) (‘‘Silicon Carbide’’).
15 See Sparklers, 56 FR at 20588.
16 See Silicon Carbide, 59 FR at 22585.
17 See, e.g., Final Results of Antidumping Duty
Administrative Review: Petroleum Wax Candles
from the People’s Republic of China, 72 FR 52355,
52356 (September 13, 2007).
18 See Preliminary Determination, 77 FR at 46062;
CS Wind Group’s March 20, 2012, letter at A–11.
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Preliminary Determination, we found no
new information to warrant a change to
the ownership status of CS Wind Group.
Accordingly, a separate rate analysis is
not necessary for this company.
Companies Not Receiving a Separate
Rate
In the Preliminary Determination, the
Department did not grant a separate rate
to Vina-Halla because the company
failed to submit a timely response to the
Department’s questionnaires which
requested information regarding
separate rate eligibility.19 As indicated
above, CS Wind Vietnam and VinaHalla are the only two known
Vietnamese exporters/producers
identified in the Petition. Accordingly
and consistent with the Preliminary
Determination, the Department did not
grant Vina Halla a separate rate in this
final determination.
Use of Facts Available and Adverse
Facts Available
Section 776(a) of the Act provides that
the Department shall apply facts
available (‘‘FA’’) if (1) necessary
information is not on the record, or (2)
an interested party or any other person
(A) withholds information that has been
requested, (B) fails to provide
information within the deadlines
established, or in the form and manner
requested by the Department, subject to
subsections (c)(1) and (e) of section 782
of the Act, (C) significantly impedes a
proceeding, or (D) provides information
that cannot be verified as provided by
section 782(i) of the Act.
As FA, we have applied the weightedaverage surrogate value of all internal
components to the difference between
the total packed weight calculated in the
normal course of business for purposes
of preparing packing lists for shipment,
and the total weight of the sum of
reported FOPs, less recovered scrap.
This issue is discussed at comment 4 of
the Issues and Decision Memorandum.
In addition, at verification, the
Department discovered that CSWG
excluded certain idle labor hours from
its reported labor hours. As FA, we
added CS Wind Vietnam’s idle
production time to CSWG’s reported
labor hours and valued the idle labor
hours using the same Chapter 6A
surrogate value used to value CSWG’s
reported labor hours. This issue is
discussed at comment 7 of the Issues
and Decision Memorandum.
Section 776(b) of the Act further
provides that the Department may use
an adverse inference in applying FA
when a party has failed to cooperate by
19 See
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Preliminary Determination, 77 FR at 46062.
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not acting to the best of its ability to
comply with a request for information.
Such an adverse inference may include
reliance on information derived from
the petition, the final determination, a
previous administrative review, or other
information placed on the record. We do
not find that CSWG failed to cooperate
by acting to the best of its ability with
respect to either of these two issues,
therefore, we did not apply an adverse
inference in applying FA.
Vietnam-Wide Entity
As discussed above, Vina-Halla did
not respond to the Department’s
questionnaires, failed to establish its
eligibility for a separate rate and, thus,
the Department, consistent with the
Preliminary Determination,20 finds that
Vina-Halla remains a part of the
Vietnam-wide entity. Therefore, we find
that the Vietnam-wide entity withheld
information requested by the
Department, failed to provide
information in a timely manner, and
significantly impeded the proceeding by
not submitting the requested
information. The Vietnam-wide entity
did not file documents indicating that it
was having difficulty providing the
requested information nor did it request
that it be allowed to submit the
information in an alternate form. As a
result, pursuant to sections
776(a)(2)(A)–(C) of the Act, and
consistent with the Preliminary
Determination, we find that the use of
facts otherwise available is appropriate
to determine the rate for the Vietnamwide entity.21
Section 776(b) of the Act provides
that, in selecting from among the facts
otherwise available, the Department
may employ an inference that is adverse
to a party if the party failed to cooperate
by not acting to the best of its ability to
comply with requests for information.22
The Department continues to find that
the Vietnam-wide entity’s failure to
provide the requested information
20 Id.,
77 FR at 46062–63.
e.g., Notice of Preliminary Determination
of Sales at Less Than Fair Value, Affirmative
Preliminary Determination of Critical
Circumstances and Postponement of Final
Determination: Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam, 68 FR 4986, 4991
(January 31, 2003), unchanged in Notice of Final
Antidumping Duty Determination of Sales at Less
Than Fair Value and Affirmative Critical
Circumstances: Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam, 68 FR 37116 (June
23, 2003).
22 See Statement of Administrative Action
accompanying the Uruguay Round Agreements Act,
H.R. Doc. 103–316, 870 (1994) (‘‘SAA’’); Notice of
Final Determination of Sales at Less Than Fair
Value: Certain Cold-Rolled Flat-Rolled CarbonQuality Steel Products from the Russian Federation,
65 FR 5510, 5518 (February 4, 2000).
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21 See,
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constitutes circumstances under which
it is reasonable to conclude that less
than full cooperation has been shown.23
Because the Vietnam-wide entity did
not respond to the Department’s
requests for information, it has failed to
cooperate to the best of its ability.
Therefore, the Department finds that, in
selecting from among the facts
otherwise available, an adverse
inference is appropriate.
When employing an adverse
inference, section 776(b) of the Act
states that the Department may rely
upon information derived from the
petition, the final determination from
the LTFV investigation, a previous
administrative review, or any other
information placed on the record. In
selecting a rate based on adverse facts
available (‘‘AFA’’), the Department
selects a rate that is sufficiently adverse
to ensure that the uncooperative party
does not obtain a more favorable result
by failing to cooperate than if it had
fully cooperated.24 Normally, it is the
Department’s practice to select, as an
AFA rate, the higher of the: (a) Highest
dumping margin alleged in the petition,
or (b) highest calculated weightedaverage dumping margin of any
respondent in the investigation.25 The
dumping margins alleged in the Petition
are 140.54 percent and 143.29 percent.26
Either of these rates is higher than the
calculated rate for CS Wind Group.
Thus, as AFA, the Department’s practice
would be to assign the rate of 143.29
percent to the Vietnam-wide entity.
Corroboration of Information
Section 776(c) of the Act provides
that, when, as FA, the Department relies
on secondary information rather than on
information obtained in the course of an
investigation it must, to the extent
practicable, corroborate that information
from independent sources reasonably at
its disposal. Secondary information is
described as ‘‘information derived from
the petition that gave rise to the
23 See Nippon Steel Corp. v. United States, 337
F.3d 1373, 1383 (Fed. Cir. 2003) (noting that the
Department need not show intentional conduct
existed on the part of the respondent, but merely
that a ‘‘failure to cooperate to the best of a
respondent’s ability’’ existed (i.e., information was
not provided ‘‘under circumstances in which it is
reasonable to conclude that less than full
cooperation has been shown’’)).
24 See SAA at 870.
25 See Certain Stilbenic Optical Brightening
Agents From the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value, 77
FR 17436, 17438 (March 26, 2012).
26 See Utility Scale Wind Towers From the
People’s Republic of China and the Socialist
Republic of Vietnam: Initiation of Antidumping
Duty Investigations, 77 FR 3445 (January 24, 2012)
(‘‘Initiation Notice’’) at Volume I, Exhibit I–14 of the
Petition.
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75987
investigation or review, the final
determination concerning merchandise
subject to this investigation, or any
previous review under section 751 {of
the Act} concerning the merchandise
subject to this investigation.’’27 To
‘‘corroborate’’ means that the
Department will satisfy itself that the
secondary information to be used has
probative value.28 Independent sources
used to corroborate may include, for
example, published price lists, official
import statistics and customs data, and
information obtained from interested
parties during the particular
investigation.29 To corroborate
secondary information, the Department
will, to the extent practicable, examine
the reliability and relevance of the
information used.30
As was the case in the Preliminary
Determination,31 in order to determine
the probative value of the dumping
margins in the Petition for use as AFA
for purposes of the final determination,
we examined information on the record
and found that we were unable to
corroborate either of the dumping
margins contained in the Petition.
Therefore, for the final determination,
we have assigned the Vietnam-wide
entity the rate of 58.49 percent, the
highest transaction-specific dumping
margin for the mandatory respondent,
CS Wind Group.32 No corroboration of
this rate is necessary because we are
relying on information obtained in the
course of this investigation, rather than
secondary information from the
Petition.33 The dumping margin for the
27 See Final Determination of Sales at Less Than
Fair Value: Sodium Hexametaphosphate From the
People’s Republic of China, 73 FR 6479, 6481
(February 4, 2008), and accompanying Issues and
Decision Memorandum at Comment 2 (quoting SAA
at 870).
28 See SAA at 870.
29 Id.
30 See Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, From Japan, and Tapered
Roller Bearings, Four Inches or Less in Outside
Diameter, and Components Thereof, From Japan;
Preliminary Results of Antidumping Duty
Administrative Reviews and Partial Termination of
Administrative Reviews, 61 FR 57391, 57392
(November 6, 1996), unchanged in Tapered Roller
Bearings and Parts Thereof, Finished and
Unfinished, From Japan, and Tapered Roller
Bearings, Four Inches or Less in Outside Diameter,
and Components Thereof, From Japan; Final
Results of Antidumping Duty Administrative
Reviews and Termination in Part, 62 FR 11825
(March 13, 1997).
31 See Preliminary Determination, 77 FR at 46063.
32 See, e.g., Multilayered Wood Flooring From the
People’s Republic of China: Final Determination of
Sales at Less Than Fair Value, 76 FR 64318, 64322
(October 18, 2011) (assigning as an AFA rate the
highest calculated transaction-specific rate among
mandatory respondents).
33 See section 776(c) of the Act and 19 CFR
351.308(c) and (d); see also Final Determination of
Sales at Less Than Fair Value and Affirmative
E:\FR\FM\26DEN1.SGM
Continued
26DEN1
75988
Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Notices
weighted-average amount by which NV
exceeds U.S. price, as follows: (1) The
rate for the exporter/producer
combinations listed in the table above
will be the rate the Department has
determined in this investigation; (2) for
all Vietnamese exporters of merchandise
under consideration which have not
Combination Rates
received their own rate, the rate will be
In the Initiation Notice, the
the rate for the Vietnam-wide entity;
Department stated that it would
and (3) for all non-Vietnamese exporters
calculate combination rates for
of merchandise under consideration
respondents that are eligible for a
separate rate in this investigation.34 This which have not received their own rate,
the rate will be the rate applicable to the
practice is described in Policy Bulletin
Vietnamese exporter/producer
05.1, available at https://www.trade.gov/
combination that supplied that nonia/.
Vietnamese exporter.
Final Determination
ITC Notification
The Department determines that the
following weighted-average dumping
In accordance with section 735(d) of
margins exist for the period April 1,
the Act, we have notified the
2011, through September 30, 2011.
International Trade Commission (‘‘ITC’’)
of the final affirmative determination of
Weightedaverage
sales at LTFV. As the Department’s final
Exporter
Producer
dumping
determination is affirmative, in
margin
accordance with section 735(b)(2) of the
(percent)
Act, the ITC will determine, within 45
The CS Wind
The CS Wind
51.50 days, whether the domestic industry in
Group *.
Group.
the United States is materially injured,
Vietnam-Wide
.......................
58.49 or threatened with material injury, by
Entity **..
reason of imports of subject
merchandise, or sales (or the likelihood
* The CS Wind Group consists of CS
of sales) for importation, of the subject
Wind Vietnam Co., Ltd. and CS Wind
merchandise. If the ITC determines that
Corporation.
** The Vietnam-Wide Entity includes such injury does exist, the Department
will issue an antidumping duty order
Vina-Halla Heavy Industries Ltd.
directing CBP to assess, upon further
Disclosure
instruction by the Department,
We intend to disclose to parties the
antidumping duties on all imports of the
calculations performed in this
subject merchandise entered or
proceeding within five days of the date
withdrawn from warehouse, for
of publication of this notice in
consumption, on or after the effective
accordance with 19 CFR 351.224(b).
date of the suspension of liquidation.
Continuation of Suspension of
Notification Regarding APO
Liquidation
This notice also serves as a reminder
In accordance with section
735(c)(1)(B) of the Act, the Department
to the parties subject to administrative
will instruct U.S. Customs and Border
protective order (‘‘APO’’) of their
Protection (‘‘CBP’’) to continue to
responsibility concerning the
suspend liquidation of all appropriate
disposition of proprietary information
entries of utility scale wind towers from disclosed under APO in accordance
Vietnam as described in the ‘‘Scope of
with 19 CFR 351.305. Timely
Investigation’’ section, entered or
notification of return or destruction of
withdrawn from warehouse, for
APO materials or conversion to judicial
consumption, on or after August 2,
protective order is hereby requested.
2012, the date of publication of the
Failure to comply with the regulations
Preliminary Determination in the
and terms of an APO is a sanctionable
Federal Register.
violation.
The Department will instruct CBP to
This determination is issued and
require a cash deposit equal to the
published in accordance with sections
735(d) and 777(i)(1) of the Act.
Determination of Critical Circumstances, in Part:
tkelley on DSK3SPTVN1PROD with
Vietnam-wide entity applies to all
entries of the merchandise under
investigation except for entries of
merchandise under investigation from
the exporter/manufacturer combinations
listed in the chart in the ‘‘Final
Determination’’ section below.
Light-Walled Rectangular Pipe and Tube from the
People’s Republic of China, 73 FR 35652, 35653
(June 24, 2008), and accompanying Issues and
Decision Memorandum at Comment 1.
34 See Initiation Notice, 77 FR at 3446.
VerDate Mar<15>2010
06:31 Dec 22, 2012
Jkt 229001
PO 00000
Dated: December 17, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I
Issues for Final Determination
1. Steel Plate
2. Surrogate Financial Statements
3. Financial Ratio Adjustments
4. Packed Weight and the Sum of FOPs
5. Scrap Offset
6. Market Economy Purchases
7. Idle Labor
8. Oxygen
9. Carbon Dioxide (CO2)
10. Base Rings
11. Brokerage & Handling
12. Date of Sale
13. Free-of-Charge Inputs
[FR Doc. 2012–30944 Filed 12–21–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–868]
Notice of Final Determination of Sales
at Less Than Fair Value: Large
Residential Washers From the
Republic of Korea
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: We determine that imports of
large residential washers (washers) from
the Republic of Korea (Korea) are being,
or are likely to be, sold in the United
States at less than fair value (LTFV), as
provided in section 735 of the Tariff Act
of 1930, as amended (the Act).
Based on our analysis of the
comments received, we have made
changes in the margin calculations.
Therefore, the final determination
differs from the preliminary
determination. The final weightedaverage dumping margins for the
investigated companies are listed below
in the section entitled ‘‘Final
Determination Margins.’’
AGENCY:
DATES:
Effective Date: December 26,
2012.
FOR FURTHER INFORMATION CONTACT:
David Goldberger or Henry Almond,
AD/CVD Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW, Washington, DC 20230;
telephone: (202) 482–4136 or (202) 482–
0049, respectively.
SUPPLEMENTARY INFORMATION:
Frm 00021
Fmt 4703
Sfmt 4703
E:\FR\FM\26DEN1.SGM
26DEN1
]]>Agencies
[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Notices]
[Pages 75984-75988]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30944]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-814]
Utility Scale Wind Towers From the Socialist Republic of Vietnam:
Final Determination of Sales at Less Than Fair Value
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: December 24, 2012.
SUMMARY: On August 2, 2012, the Department of Commerce (``Department'')
published its preliminary determination of sales at less than fair
value (``LTFV'') and postponement of final determination in the
antidumping investigation of utility scale wind towers (``wind
towers'') from the Socialist Republic of Vietnam (``Vietnam'').\1\
Based on the Department's analysis of the comments received, the
Department has made changes from the Preliminary Determination. The
Department determines that wind towers from Vietnam are being, or are
likely to be, sold in the United States at LTFV, as provided in section
735 of the Tariff Act of 1930, as amended (the ``Act''). The final
weighted-average dumping margins for this investigation are listed in
the ``Final Determination'' section below.
---------------------------------------------------------------------------
\1\ See Utility Scale Wind Towers from the Socialist Republic of
Vietnam: Preliminary Determination of Sales at Less Than Fair Value
and Postponement of Final Determination, 77 FR 29315 (August 2,
2012) (``Preliminary Determination'').
FOR FURTHER INFORMATION CONTACT: Magd Zalok or Charles Riggle, AD/CVD
Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
---------------------------------------------------------------------------
4162 or (202) 482-0650, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published its preliminary determination of sales at
LTFV and postponement of final determination on August 2, 2012.\2\
Between August 13, 2012, and August 24, 2012, the Department conducted
verifications of the mandatory respondent CS Wind Vietnam Co., Ltd.
(``CS Wind Vietnam'') and its parent company CS Wind Corporation (``CS
Wind Corp.'') (collectively, ``CS Wind Group'').\3\ Between September
14, 2012, and September 24, 2012, CS Wind Group and the Wind Tower
Trade Coalition (``Petitioner'') \4\ submitted surrogate value and
rebuttal surrogate value comments.
---------------------------------------------------------------------------
\2\ See Preliminary Determination.
\3\ See the ``Verification'' section below.
\4\ The Wind Tower Trade Coalition is comprised of Broadwind
Towers, Inc., DMI Industries, Katana Summit LLC, and Trinity
Structural Towers, Inc. See Petitions for the Imposition of
Antidumping and Countervailing Duties on Utility Scale Wind Towers
from the People's Republic of China and Antidumping Duties on
Utility Scale Wind Towers from the Socialist Republic of Vietnam
(December 29, 2011) (``Petition'').
---------------------------------------------------------------------------
On October 2, 2012, CS Wind Group and Petitioner submitted case
briefs. On October 9, 2012, CS Wind Group and Petitioner submitted
rebuttal briefs.
On September 4, 2012, Petitioner requested a hearing. However, on
October 23, 2012, Petitioner withdrew its request for a hearing, and no
other parties requested a hearing.
[[Page 75985]]
Period of Investigation
The period of investigation (``POI'') is April 1, 2011, through
September 30, 2011. This period corresponds to the two most recent
fiscal quarters prior to the month of the filing of the petition, which
was December 2011.\5\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this investigation, as well as comments received pursuant to the
Department's requests are addressed in the Issues and Decision
Memorandum.\6\ A list of the issues which the parties raised and to
which the Department responded in the Issues and Decision Memorandum is
attached to this notice as Appendix I. The Issues and Decision
Memorandum is a public document and is on file electronically via
Import Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). Access to IA ACCESS is
available to registered users at https://iaaccess.trade.gov and is
available to all parties in the CRU, room 7046 of the main Department
of Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the Internet at https://www.trade.gov/ia/. The signed Issues and Decision Memorandum and the
electronic versions of the Issues and Decision Memorandum are identical
in content.
---------------------------------------------------------------------------
\6\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Import Administration,
regarding ``Issues and Decision Memorandum for the Final
Determination in the Antidumping Duty Investigation of Utility Scale
Wind Towers from the Socialist Republic of Vietnam'' (December 17,
2012) (``Issue and Decision Memorandum'').
---------------------------------------------------------------------------
Extension of Final Determination Due to Government Closure During
Hurricane Sandy
On October 31, 2012, the Department's Import Administration
determined that the impact of the recent government closure during
Hurricane Sandy would be best minimized by uniformly tolling all Import
Administration deadlines for two days.\7\ This determination applies to
every proceeding before the Import Administration, including this
investigation. The Department notes, however, that because the deadline
of the final determination of this investigation was originally on
December 15, 2012, which falls on a weekend, this deadline would have
been automatically extended by two days until the following working
day, Monday, December 17, 2012. Therefore, the two day extension of the
deadlines due to government closure during Hurricane Sandy does not
impact the deadline for the final determination of this investigation.
---------------------------------------------------------------------------
\7\ See Memorandum For the Record from Paul Piquado, Assistant
Secretary for Import Administration, ``Tolling of Administrative
Deadlines as a Result of the Government Closure During Hurricane
Sandy'' (October 31, 2012).
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
The Department revised its calculation of brokerage and
handling.
The Department made price adjustments to certain U.S.
sales.
The Department corrected the shipment dates for certain
U.S. sales.
The Department revised the reported factors of production
(``FOPs'') of self-produced and free-of-charge internal components so
that the total sum of all FOPs equals the packed weight of the subject
merchandise.
The Department granted a steel scrap offset.
The Department revised the reported labor hours to include
idle labor hours based on verification findings.
The Department revised the per-unit measurement of
insulated wire to reflect meters rather than pieces based on
verification findings.
The Department revised the reported pieces of tarpaulins
based on verification findings.
The Department revised the reported distance from the port
to CS Wind Vietnam's manufacturing facility for all imported inputs to
the simple average of the two ports used during the POI based on
verification findings.
The Department revised the distance from CS Wind Vietnam's
LPG supplier to CS Wind Vietnam's manufacturing facility based on
verification findings.
The Department used the financial statements for Ganges
International Pvt Ltd. for purposes of calculating the surrogate
financial ratios.
Scope of the Investigation
The merchandise covered by this investigation are certain wind
towers, whether or not tapered, and sections thereof. Certain wind
towers are designed to support the nacelle and rotor blades in a wind
turbine with a minimum rated electrical power generation capacity in
excess of 100 kilowatts (``kW'') and with a minimum height of 50 meters
measured from the base of the tower to the bottom of the nacelle (i.e.,
where the top of the tower and nacelle are joined) when fully
assembled.
A wind tower section consists of, at a minimum, multiple steel
plates rolled into cylindrical or conical shapes and welded together
(or otherwise attached) to form a steel shell, regardless of coating,
end-finish, painting, treatment, or method of manufacture, and with or
without flanges, doors, or internal or external components (e.g.,
flooring/decking, ladders, lifts, electrical buss boxes, electrical
cabling, conduit, cable harness for nacelle generator, interior
lighting, tool and storage lockers) attached to the wind tower section.
Several wind tower sections are normally required to form a completed
wind tower.
Wind towers and sections thereof are included within the scope
whether or not they are joined with nonsubject merchandise, such as
nacelles or rotor blades, and whether or not they have internal or
external components attached to the subject merchandise.
Specifically excluded from the scope are nacelles and rotor blades,
regardless of whether they are attached to the wind tower. Also
excluded are any internal or external components which are not attached
to the wind towers or sections thereof.
Merchandise covered by the investigation are currently classified
in the Harmonized Tariff System of the United States (``HTSUS'') under
subheadings 7308.20.0020 \8\ or 8502.31.0000.\9\ Prior to 2011,
merchandise covered by the investigation were classified in the HTSUS
under subheading 7308.20.0000 and may continue to be to some degree.
While the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of the investigation is
dispositive.
---------------------------------------------------------------------------
\8\ Wind towers are classified under HTSUS 7308.20.0020 when
imported as a tower or tower section(s) alone.
\9\ Wind towers may also be classified under HTSUS 8502.31.0000
when imported as part of a wind turbine (i.e., accompanying nacelles
and/or rotor blades).
---------------------------------------------------------------------------
Scope Comments
The Department received comments regarding the scope of the
investigation from Petitioner and CS Wind Group. After analyzing the
comments, the Department has made no changes to the scope of this
investigation. For a complete discussion of scope issues, see the
Issues and Decision Memorandum at Comment 10.
Verification
As provided in section 782(i) of the Act, the Department verified
the
[[Page 75986]]
information submitted by CS Wind Group for use in the final
determination. The Department used standard verification procedures,
including examination of relevant accounting and production records and
original source documents provided by this respondent.
Non-Market Economy Country
The Department considers Vietnam to be a non-market economy
(``NME'') country.\10\ In accordance with section 771(18)(C)(i) of the
Act, any determination that a foreign country is an NME country shall
remain in effect until revoked by the administering authority. The
Department has not revoked Vietnam's status as an NME country. No party
has challenged the designation of Vietnam as an NME country in this
investigation. Therefore, the Department continues to treat Vietnam as
an NME for purposes of this final determination.
---------------------------------------------------------------------------
\10\ See Preliminary Determination, 77 FR at 46060.
---------------------------------------------------------------------------
Surrogate Country
In the Preliminary Determination, the Department stated that it
selected India as the appropriate surrogate country to use in this
investigation pursuant to section 773(c)(4) of the Act based on the
following: (1) It is at a similar level of economic development; (2) it
is a significant producer of comparable merchandise; and (3) we have
reliable data from India that we can use to value the factors of
production.\11\ As no party has challenged the selection of India since
the Preliminary Determination, the Department continues using India as
the primary surrogate country.
---------------------------------------------------------------------------
\11\ Id., 77 FR at 46060-61.
---------------------------------------------------------------------------
Single Entity Treatment
In the Preliminary Determination, the Department determined that CS
Wind Vietnam and CS Wind Corporation, the Korean parent company of CS
Wind Vietnam, are affiliated pursuant to sections 771(33)(E) and (F) of
the Act and that these companies should be treated as a single entity
for antidumping duty purposes.\12\ Furthermore, the Department found a
significant potential for manipulation of production and sales
decisions between CS Wind Corporation and CS Wind Vietnam.\13\
Accordingly, the Department has determined it appropriate to treat CS
Wind Corporation and CS Wind Vietnam as a single entity in this
proceeding. Since the Preliminary Determination, the Department
received no new information to warrant a change in its finding that CS
Wind Corporation and CS Wind Vietnam are a single entity. Accordingly,
consistent with the Preliminary Determination, the Department continues
to find CS Wind Corporation and CS Wind Vietnam to be a single entity
for purposes of the final determination.
---------------------------------------------------------------------------
\12\ See Preliminary Determination, 77 FR at 46061-62;
Memorandum from Magd Zalok, International Trade Analyst, through
Charles Riggle, Program Manager, AD/CVD Operations, Office 4, to
Abdelali Elouaradia, Director, AD/CVD Operations, Office 4,
regarding ``Affiliation and Single Entity Status of CS Wind Group
Vietnam Co., Ltd. and CS Wind Corporation'' (July 26, 2012).
\13\ Id.
---------------------------------------------------------------------------
Separate Rate
In proceedings involving NME countries, the Department holds a
rebuttable presumption that all companies within the country are
subject to government control and, thus, should be assessed a single
antidumping duty rate. It is the Department's policy to assign all
exporters of the subject merchandise in an NME country this single rate
unless an exporter can demonstrate that it is sufficiently independent
so as to be entitled to a separate rate.\14\ The Department analyzes
whether each entity exporting the subject merchandise is sufficiently
independent under a test arising from Sparklers,\15\ as further
developed in Silicon Carbide.\16\ In accordance with the separate rates
criteria, the Department assigns separate rates in NME cases if
respondents can demonstrate the absence of both de jure and de facto
governmental control over their export activities. If, however, the
Department determines that a company is wholly foreign owned, then a
separate rate analysis is not necessary to determine whether it is
independent from government control.\17\
---------------------------------------------------------------------------
\14\ See Final Determination of Sales at Less Than Fair Value:
Sparklers From the People's Republic of China, 56 FR 20588 (May 6,
1991) (``Sparklers''), as amplified by Notice of Final Determination
of Sales at Less Than Fair Value: Silicon Carbide From the People's
Republic of China, 59 FR 22585 (May 2, 1994) (``Silicon Carbide'').
\15\ See Sparklers, 56 FR at 20588.
\16\ See Silicon Carbide, 59 FR at 22585.
\17\ See, e.g., Final Results of Antidumping Duty Administrative
Review: Petroleum Wax Candles from the People's Republic of China,
72 FR 52355, 52356 (September 13, 2007).
---------------------------------------------------------------------------
As indicated in the Preliminary Determination, Petitioner listed
only two known Vietnamese exporters/producers in the Petition: CS Wind
Vietnam Co., Ltd. (``CS Wind Vietnam'') and Vina-Halla Heavy Industries
Ltd. (``Vina-Halla''). As noted in the Preliminary Determination, CS
Wind Group, the respondent in this investigation, provided information
indicating that it is a wholly-owned foreign enterprise.\18\ Since the
Preliminary Determination, we found no new information to warrant a
change to the ownership status of CS Wind Group. Accordingly, a
separate rate analysis is not necessary for this company.
---------------------------------------------------------------------------
\18\ See Preliminary Determination, 77 FR at 46062; CS Wind
Group's March 20, 2012, letter at A-11.
---------------------------------------------------------------------------
Companies Not Receiving a Separate Rate
In the Preliminary Determination, the Department did not grant a
separate rate to Vina-Halla because the company failed to submit a
timely response to the Department's questionnaires which requested
information regarding separate rate eligibility.\19\ As indicated
above, CS Wind Vietnam and Vina-Halla are the only two known Vietnamese
exporters/producers identified in the Petition. Accordingly and
consistent with the Preliminary Determination, the Department did not
grant Vina Halla a separate rate in this final determination.
---------------------------------------------------------------------------
\19\ See Preliminary Determination, 77 FR at 46062.
---------------------------------------------------------------------------
Use of Facts Available and Adverse Facts Available
Section 776(a) of the Act provides that the Department shall apply
facts available (``FA'') if (1) necessary information is not on the
record, or (2) an interested party or any other person (A) withholds
information that has been requested, (B) fails to provide information
within the deadlines established, or in the form and manner requested
by the Department, subject to subsections (c)(1) and (e) of section 782
of the Act, (C) significantly impedes a proceeding, or (D) provides
information that cannot be verified as provided by section 782(i) of
the Act.
As FA, we have applied the weighted-average surrogate value of all
internal components to the difference between the total packed weight
calculated in the normal course of business for purposes of preparing
packing lists for shipment, and the total weight of the sum of reported
FOPs, less recovered scrap. This issue is discussed at comment 4 of the
Issues and Decision Memorandum. In addition, at verification, the
Department discovered that CSWG excluded certain idle labor hours from
its reported labor hours. As FA, we added CS Wind Vietnam's idle
production time to CSWG's reported labor hours and valued the idle
labor hours using the same Chapter 6A surrogate value used to value
CSWG's reported labor hours. This issue is discussed at comment 7 of
the Issues and Decision Memorandum.
Section 776(b) of the Act further provides that the Department may
use an adverse inference in applying FA when a party has failed to
cooperate by
[[Page 75987]]
not acting to the best of its ability to comply with a request for
information. Such an adverse inference may include reliance on
information derived from the petition, the final determination, a
previous administrative review, or other information placed on the
record. We do not find that CSWG failed to cooperate by acting to the
best of its ability with respect to either of these two issues,
therefore, we did not apply an adverse inference in applying FA.
Vietnam-Wide Entity
As discussed above, Vina-Halla did not respond to the Department's
questionnaires, failed to establish its eligibility for a separate rate
and, thus, the Department, consistent with the Preliminary
Determination,\20\ finds that Vina-Halla remains a part of the Vietnam-
wide entity. Therefore, we find that the Vietnam-wide entity withheld
information requested by the Department, failed to provide information
in a timely manner, and significantly impeded the proceeding by not
submitting the requested information. The Vietnam-wide entity did not
file documents indicating that it was having difficulty providing the
requested information nor did it request that it be allowed to submit
the information in an alternate form. As a result, pursuant to sections
776(a)(2)(A)-(C) of the Act, and consistent with the Preliminary
Determination, we find that the use of facts otherwise available is
appropriate to determine the rate for the Vietnam-wide entity.\21\
---------------------------------------------------------------------------
\20\ Id., 77 FR at 46062-63.
\21\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value, Affirmative Preliminary Determination of
Critical Circumstances and Postponement of Final Determination:
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam,
68 FR 4986, 4991 (January 31, 2003), unchanged in Notice of Final
Antidumping Duty Determination of Sales at Less Than Fair Value and
Affirmative Critical Circumstances: Certain Frozen Fish Fillets from
the Socialist Republic of Vietnam, 68 FR 37116 (June 23, 2003).
---------------------------------------------------------------------------
Section 776(b) of the Act provides that, in selecting from among
the facts otherwise available, the Department may employ an inference
that is adverse to a party if the party failed to cooperate by not
acting to the best of its ability to comply with requests for
information.\22\ The Department continues to find that the Vietnam-wide
entity's failure to provide the requested information constitutes
circumstances under which it is reasonable to conclude that less than
full cooperation has been shown.\23\ Because the Vietnam-wide entity
did not respond to the Department's requests for information, it has
failed to cooperate to the best of its ability. Therefore, the
Department finds that, in selecting from among the facts otherwise
available, an adverse inference is appropriate.
---------------------------------------------------------------------------
\22\ See Statement of Administrative Action accompanying the
Uruguay Round Agreements Act, H.R. Doc. 103-316, 870 (1994)
(``SAA''); Notice of Final Determination of Sales at Less Than Fair
Value: Certain Cold-Rolled Flat-Rolled Carbon-Quality Steel Products
from the Russian Federation, 65 FR 5510, 5518 (February 4, 2000).
\23\ See Nippon Steel Corp. v. United States, 337 F.3d 1373,
1383 (Fed. Cir. 2003) (noting that the Department need not show
intentional conduct existed on the part of the respondent, but
merely that a ``failure to cooperate to the best of a respondent's
ability'' existed (i.e., information was not provided ``under
circumstances in which it is reasonable to conclude that less than
full cooperation has been shown'')).
---------------------------------------------------------------------------
When employing an adverse inference, section 776(b) of the Act
states that the Department may rely upon information derived from the
petition, the final determination from the LTFV investigation, a
previous administrative review, or any other information placed on the
record. In selecting a rate based on adverse facts available (``AFA''),
the Department selects a rate that is sufficiently adverse to ensure
that the uncooperative party does not obtain a more favorable result by
failing to cooperate than if it had fully cooperated.\24\ Normally, it
is the Department's practice to select, as an AFA rate, the higher of
the: (a) Highest dumping margin alleged in the petition, or (b) highest
calculated weighted-average dumping margin of any respondent in the
investigation.\25\ The dumping margins alleged in the Petition are
140.54 percent and 143.29 percent.\26\ Either of these rates is higher
than the calculated rate for CS Wind Group. Thus, as AFA, the
Department's practice would be to assign the rate of 143.29 percent to
the Vietnam-wide entity.
---------------------------------------------------------------------------
\24\ See SAA at 870.
\25\ See Certain Stilbenic Optical Brightening Agents From the
People's Republic of China: Final Determination of Sales at Less
Than Fair Value, 77 FR 17436, 17438 (March 26, 2012).
\26\ See Utility Scale Wind Towers From the People's Republic of
China and the Socialist Republic of Vietnam: Initiation of
Antidumping Duty Investigations, 77 FR 3445 (January 24, 2012)
(``Initiation Notice'') at Volume I, Exhibit I-14 of the Petition.
---------------------------------------------------------------------------
Corroboration of Information
Section 776(c) of the Act provides that, when, as FA, the
Department relies on secondary information rather than on information
obtained in the course of an investigation it must, to the extent
practicable, corroborate that information from independent sources
reasonably at its disposal. Secondary information is described as
``information derived from the petition that gave rise to the
investigation or review, the final determination concerning merchandise
subject to this investigation, or any previous review under section 751
{of the Act{time} concerning the merchandise subject to this
investigation.''\27\ To ``corroborate'' means that the Department will
satisfy itself that the secondary information to be used has probative
value.\28\ Independent sources used to corroborate may include, for
example, published price lists, official import statistics and customs
data, and information obtained from interested parties during the
particular investigation.\29\ To corroborate secondary information, the
Department will, to the extent practicable, examine the reliability and
relevance of the information used.\30\
---------------------------------------------------------------------------
\27\ See Final Determination of Sales at Less Than Fair Value:
Sodium Hexametaphosphate From the People's Republic of China, 73 FR
6479, 6481 (February 4, 2008), and accompanying Issues and Decision
Memorandum at Comment 2 (quoting SAA at 870).
\28\ See SAA at 870.
\29\ Id.
\30\ See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, From Japan, and Tapered Roller Bearings, Four Inches or
Less in Outside Diameter, and Components Thereof, From Japan;
Preliminary Results of Antidumping Duty Administrative Reviews and
Partial Termination of Administrative Reviews, 61 FR 57391, 57392
(November 6, 1996), unchanged in Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished, From Japan, and Tapered Roller
Bearings, Four Inches or Less in Outside Diameter, and Components
Thereof, From Japan; Final Results of Antidumping Duty
Administrative Reviews and Termination in Part, 62 FR 11825 (March
13, 1997).
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As was the case in the Preliminary Determination,\31\ in order to
determine the probative value of the dumping margins in the Petition
for use as AFA for purposes of the final determination, we examined
information on the record and found that we were unable to corroborate
either of the dumping margins contained in the Petition. Therefore, for
the final determination, we have assigned the Vietnam-wide entity the
rate of 58.49 percent, the highest transaction-specific dumping margin
for the mandatory respondent, CS Wind Group.\32\ No corroboration of
this rate is necessary because we are relying on information obtained
in the course of this investigation, rather than secondary information
from the Petition.\33\ The dumping margin for the
[[Page 75988]]
Vietnam-wide entity applies to all entries of the merchandise under
investigation except for entries of merchandise under investigation
from the exporter/manufacturer combinations listed in the chart in the
``Final Determination'' section below.
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\31\ See Preliminary Determination, 77 FR at 46063.
\32\ See, e.g., Multilayered Wood Flooring From the People's
Republic of China: Final Determination of Sales at Less Than Fair
Value, 76 FR 64318, 64322 (October 18, 2011) (assigning as an AFA
rate the highest calculated transaction-specific rate among
mandatory respondents).
\33\ See section 776(c) of the Act and 19 CFR 351.308(c) and
(d); see also Final Determination of Sales at Less Than Fair Value
and Affirmative Determination of Critical Circumstances, in Part:
Light-Walled Rectangular Pipe and Tube from the People's Republic of
China, 73 FR 35652, 35653 (June 24, 2008), and accompanying Issues
and Decision Memorandum at Comment 1.
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Combination Rates
In the Initiation Notice, the Department stated that it would
calculate combination rates for respondents that are eligible for a
separate rate in this investigation.\34\ This practice is described in
Policy Bulletin 05.1, available at https://www.trade.gov/ia/.
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\34\ See Initiation Notice, 77 FR at 3446.
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Final Determination
The Department determines that the following weighted-average
dumping margins exist for the period April 1, 2011, through September
30, 2011.
------------------------------------------------------------------------
Weighted-
average
Exporter Producer dumping
margin
(percent)
------------------------------------------------------------------------
The CS Wind Group *................ The CS Wind Group..... 51.50
Vietnam-Wide Entity **............. ...................... 58.49
------------------------------------------------------------------------
* The CS Wind Group consists of CS Wind Vietnam Co., Ltd. and CS
Wind Corporation.
** The Vietnam-Wide Entity includes Vina-Halla Heavy Industries
Ltd.
Disclosure
We intend to disclose to parties the calculations performed in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (``CBP'') to continue
to suspend liquidation of all appropriate entries of utility scale wind
towers from Vietnam as described in the ``Scope of Investigation''
section, entered or withdrawn from warehouse, for consumption, on or
after August 2, 2012, the date of publication of the Preliminary
Determination in the Federal Register.
The Department will instruct CBP to require a cash deposit equal to
the weighted-average amount by which NV exceeds U.S. price, as follows:
(1) The rate for the exporter/producer combinations listed in the table
above will be the rate the Department has determined in this
investigation; (2) for all Vietnamese exporters of merchandise under
consideration which have not received their own rate, the rate will be
the rate for the Vietnam-wide entity; and (3) for all non-Vietnamese
exporters of merchandise under consideration which have not received
their own rate, the rate will be the rate applicable to the Vietnamese
exporter/producer combination that supplied that non-Vietnamese
exporter.
ITC Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (``ITC'') of the final affirmative
determination of sales at LTFV. As the Department's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will determine, within 45 days, whether the domestic industry in
the United States is materially injured, or threatened with material
injury, by reason of imports of subject merchandise, or sales (or the
likelihood of sales) for importation, of the subject merchandise. If
the ITC determines that such injury does exist, the Department will
issue an antidumping duty order directing CBP to assess, upon further
instruction by the Department, antidumping duties on all imports of the
subject merchandise entered or withdrawn from warehouse, for
consumption, on or after the effective date of the suspension of
liquidation.
Notification Regarding APO
This notice also serves as a reminder to the parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely notification of return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and terms
of an APO is a sanctionable violation.
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act.
Dated: December 17, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
Issues for Final Determination
1. Steel Plate
2. Surrogate Financial Statements
3. Financial Ratio Adjustments
4. Packed Weight and the Sum of FOPs
5. Scrap Offset
6. Market Economy Purchases
7. Idle Labor
8. Oxygen
9. Carbon Dioxide (CO2)
10. Base Rings
11. Brokerage & Handling
12. Date of Sale
13. Free-of-Charge Inputs
[FR Doc. 2012-30944 Filed 12-21-12; 8:45 am]
BILLING CODE 3510-DS-P
