Utility Scale Wind Towers From the Socialist Republic of Vietnam: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 11150-11152 [2013-03725]
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11150
Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Notices
more than six months.18 In the
underlying investigations, the
Department published the preliminary
determinations on August 3, 2012.
Therefore, the six-month period
beginning on the date of publication of
the preliminary determinations ended
on January 30, 2013. Furthermore,
section 737(b) of the Act states that
definitive duties are to begin on the date
of publication of the ITC’s final injury
determination.
Therefore, in accordance with section
733(d) of the Act and our practice, we
will instruct CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
antidumping duties, unliquidated
entries of washers from Mexico and
Korea entered, or withdrawn from
warehouse, for consumption after
January 30, 2013, the date provisional
measures expired, until and through the
day preceding the date of publication of
the ITC’s final injury determinations in
the Federal Register. Suspension of
liquidation will resume on the date of
publication of the ITC’s final
determinations in the Federal Register.
THE WEIGHTED-AVERAGE DUMPING MARGINS ARE AS FOLLOWS:
Dumping
margin
Country
Manufacturer/Exporter
Mexico ............................
Electrolux Home Products Corp. NV/Electrolux Home Products De Mexico, S.A. de
C.V. 36.52 36.52.
Samsung Electronics Mexico S.A. de C.V. .................................................................
Whirlpool International S. de R.L. de C.V. ..................................................................
All Others .....................................................................................................................
Daewoo Electronics Corporation .................................................................................
LG Electronics Inc. ......................................................................................................
Samsung Electronics Co., Ltd. ....................................................................................
All Others .....................................................................................................................
Korea .............................
This notice constitutes the
antidumping duty orders with respect to
washers from Mexico and Korea
pursuant to section 736(a) of the Act.
Interested parties can find an updated
list of antidumping duty orders
currently in effect at https://
ia.ita.doc.gov/stats/iastats1.html.
These orders are published in
accordance with section 736(a) of the
Act and section 351.211 of the
Department’s regulations.
DATES:
Effective Date: February 15,
2013.
FOR FURTHER INFORMATION CONTACT:
Dated: February 8, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
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.
[FR Doc. 2013–03630 Filed 2–14–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
SUPPLEMENTARY INFORMATION:
International Trade Administration
Background
[A–552–814]
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the ‘‘Department’’) and the
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act of 1930,
as amended (‘‘Act’’), on December 26,
2012, the Department published the
final determination of sales at less than
fair value in the antidumping duty
investigation of wind towers from
Vietnam.1 On February 8, 2013, the ITC
notified the Department of its
affirmative determination that an
industry in the United States is
materially injured or threatened with
18 See letters to the Department from LG
Electronics Inc. and LG Electronics USA, Inc.
(collectively, LG), and Samsung Electronics Co.,
Ltd. and Samsung Electronics America, Inc.
(collectively, Samsung) (Korea); and Electrolux
Home Products, Corp., N.V. and Electrolux Home
Products, Inc. (collectively, Electrolux) (Mexico);
dated July 13, 2012.
1 See Utility Scale Wind Towers From the
Socialist Republic of Vietnam: Final Determination
of Sales at Less Than Fair Value, 77 FR 75984
(December 26, 2012) (‘‘Final Determination’’).
Utility Scale Wind Towers From the
Socialist Republic of Vietnam:
Amended Final Determination of Sales
at Less Than Fair Value and
Antidumping Duty Order
AGENCY:
mstockstill on DSK4VPTVN1PROD with NOTICES
International Trade Commission
(‘‘ITC’’), the Department is issuing an
antidumping duty order on utility scale
wind towers (‘‘wind towers’’) from the
Socialist Republic of Vietnam
(‘‘Vietnam’’). In addition, the
Department is amending its final
determination to correct certain
ministerial errors.
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19:09 Feb 14, 2013
Jkt 229001
PO 00000
Frm 00018
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72.41
72.41
36.52
82.41
13.02
9.29
11.86
Cash deposit
(%)
72.41
72.41
36.52
79.11
13.02
9.23
11.80
material injury by reason of imports of
wind towers from Vietnam.2
Scope of the Order
The merchandise covered by this
order 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 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
2 See Utility Scale Wind Towers from China and
Vietnam, USITC Investigation Nos. 701–TA–486
and 731–TA–1195–1196 (Final), USITC Publication
4372 (February 2013) (‘‘ITC Report’’).
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mstockstill on DSK4VPTVN1PROD with NOTICES
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 order is
currently classified in the Harmonized
Tariff System of the United States
(‘‘HTSUS’’) under subheadings
7308.20.0020 3 or 8502.31.0000.4 Prior
to 2011, merchandise covered by the
order was 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 order is dispositive.
Amendment to the Final Determination
On December 26, 2012, the
Department published its affirmative
final determination in this proceeding.5
On December 26, 2012, CS Wind Group
(‘‘CSWG’’), the respondent in this
investigation, and the Wind Tower
Trade Coalition (‘‘Petitioner’’) submitted
timely ministerial error allegations and
requested, pursuant to 19 CFR 351.224,
that the Department correct the alleged
ministerial errors in the dumping
margin calculations. On December 31,
2012, Petitioner submitted timely
rebuttal comments.
After analyzing all interested party
comments and rebuttals, we have
determined, in accordance with section
735(e) of the Act and 19 CFR 351.224(e),
that we made the following ministerial
errors in our calculations for the Final
Determination with respect to CSWG:
• We unintentionally omitted the
factors of production (‘‘FOPs’’) for steel
bar, stainless steel pipe, flat-rolled
plates and stone grit from the normal
value used in the dumping margin
calculation program.
• We unintentionally omitted the
FOPs for steel bar, stainless steel pipe
and flat-rolled plates from the
calculation of the average surrogate
value used as facts available to account
for the difference between the packed
weight of a tower and the sum of the
FOPs of such a tower.
3 Wind towers are classified under HTSUS
7308.20.0020 when imported as a tower or tower
section(s) alone.
4 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).
5 See Final Determination.
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20:37 Feb 14, 2013
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For a detailed discussion of all alleged
ministerial errors, as well as the
Department’s analysis, see
Memorandum to Paul Piquado,
Assistant Secretary for Import
Administration, from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, concerning, ‘‘Ministerial
Error Memorandum, Amended Final
Determination of Sales at Less Than Fair
Value: Utility Scale Wind Towers from
the Socialist Republic of Vietnam,’’
dated January 18, 2013 (‘‘Ministerial
Error Memorandum’’).
In the Final Determination, we
assigned the Vietnam-wide entity a rate
based on the highest transaction-specific
dumping margin for the mandatory
respondent, CSWG.6 Because the change
in CSWG’s dumping margin calculation
as a result of correcting for the aboveidentified ministerial errors affects the
rate assigned to the Vietnam-wide
entity, we have also amended the rate
assigned to the Vietnam-wide entity.7
The amended weighted-average
dumping margins are provided, below.
Antidumping Duty Order
As noted above, on February 8, 2013,
in accordance with section 735(d) of the
Act, the ITC notified the Department of
its determination that an industry in the
United States is materially injured or
threatened with material injury by
reason of imports of wind towers from
Vietnam. Therefore, in accordance with
section 736(a)(1) of the Act, the
Department will direct U.S. Customs
and Border Protection (‘‘CBP’’) to assess,
upon further instruction by the
Department, antidumping duties equal
to the amount by which the normal
value of the merchandise exceeds the
export price (or constructed export
price) of the merchandise, for all
relevant entries of wind towers from
Vietnam.
Section 736(b)(1) of the Act
establishes a ‘‘general rule’’ that, if the
ITC, in its final determination, finds
‘‘material injury or threat of material
injury which, but for the suspension of
liquidation under section 733(d)(2) {of
the Act} would have led to a finding of
material injury,’’ then entries of the
subject merchandise, the liquidation of
which has been suspended pursuant to
the Department’s preliminary
determination under section 733(d)(2) of
the Act, shall be subject to the
imposition of antidumping duties.
Section 736(b)(2) of the Act establishes
a ‘‘special rule’’ that, if the ITC’s final
injury determination is based on the
6 See
7 See
PO 00000
Final Determination.
Ministerial Error Memorandum.
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Fmt 4703
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11151
threat of material injury (other than
threat of material injury described in the
‘‘general rule’’) antidumping duties
shall be assessed on subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the ITC’s
notice of final determination. Under this
‘‘special rule,’’ the Department orders
CBP to terminate suspension and refund
any cash deposit of estimated
antidumping duties for entries made
since the Department’s preliminary
antidumping duty determination 8 and
before publication of the ITC’s final
injury determination.9
After reviewing the ITC’s final
determination, the Department
determined that the ‘‘special rule’’
pursuant to section 736(b)(2) of the Act
is applicable to the imposition of
antidumping duties under this order. Of
the votes in the ITC’s final
determination, two commissioners
determined that an industry in the
United States is materially injured by
reason of imports of utility scale wind
towers from the People’s Republic of
China and Vietnam, one commissioner
determined that an industry in the
United States is threatened with
material injury by reason of such
imports and further determined that he
would not have found material injury
but for the suspension of liquidation,
and three commissioners determined
that an industry in the United States is
not materially injured or threatened
with material injury by reason of such
imports.10 Because the ITC’s
determination that an industry in the
United States is materially injured or
threatened with material injury is not
accompanied by a finding that material
injury would have resulted but for the
suspension of liquidation of entries
since the Preliminary Determination,
the Department determines that the
‘‘general rule’’ of section 736(b)(1) of the
8 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 46058 (August 2,
2012) (‘‘Preliminary Determination’’).
9 Section 736(b)(2) of the Act (‘‘the Department
shall release any bonds or other security made, and
refund any cash deposit made * * * with respect
to entries of the merchandise entered, or withdrawn
from warehouse, for consumption before {the date
of the publication of the ITC’s affirmative final
injury determination}’’); see, e.g., Narrow Woven
Ribbons With Woven Selvedge From Taiwan and
the People’s Republic of China: Antidumping Duty
Orders, 75 FR 53632, 53633 (September 1, 2010)
(where the Department ordered the termination of
suspension and refund of duties for entries
occurring prior to the publication of the ITC’s
affirmative threat determination).
10 See ITC Report.
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Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Notices
Act does not apply.11 Therefore, in
accordance with the ‘‘special rule’’ of
section 736(b)(2) of the Act, the
Department will instruct CBP to
terminate the suspension of liquidation
for entries of wind towers from Vietnam
entered, or withdrawn from warehouse,
for consumption prior to the publication
of the ITC’s final determination and
refund any cash deposit of estimated
antidumping duties for these entries.
Suspension of Liquidation and
Collection of Cash Deposit
In accordance with sections
735(c)(1)(B) and 736(b)(2) of the Act, the
Department will instruct CBP to
suspend liquidation on all entries of
subject merchandise from Vietnam
made on or after the date of the
publication of the ITC’s final affirmative
determination. The Department will
also instruct CBP to require cash
deposits equal to the estimated amount
by which the normal value exceeds the
U.S. price as indicated in the chart
below. These instructions suspending
liquidation will remain in effect until
further notice.
Accordingly, effective on the date of
publication of the ITC’s final affirmative
injury determination, CBP will require,
at the same time as importers would
normally deposit estimated duties on
this subject merchandise, a cash deposit
for estimated antidumping duties based
on the weighted-average dumping
margins. The rate for the Vietnam-wide
entity applies to all combinations of
producers and exporters of subject
merchandise not specifically listed
under the ‘‘Amended Final
Determination of Antidumping
Investigation’’ section below.
Amended Final Determination of
Antidumping Investigation
The weighted-average dumping
margins are as follows:
Weightedaverage
dumping
margin
(percent)
Exporter
Producer
The CS Wind Group* .................................................................
The CS Wind Group ...................................................................
51.54
Vietnam-Wide Entity** .........................................................................................................................................................................
58.54
* 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.
This notice constitutes the
antidumping duty order with respect to
wind towers from Vietnam pursuant to
section 736(a) of the Act.
This order and amended final
determination are published in
accordance with sections 736(a) and
735(e) of the Act and 19 CFR 351.211
and 351.224(e).
International Trade Commission
(‘‘ITC’’), the Department is issuing a
countervailing duty order on utility
scale wind towers (‘‘wind towers’’) from
the People’s Republic of China (‘‘PRC’’).
DATES:
Effective Date: February 15,
2013.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson and Patricia Tran, AD/
CVD Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4793 or (202) 482–
1503, respectively.
Dated: February 12, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–03725 Filed 2–14–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
SUPPLEMENTARY INFORMATION:
International Trade Administration
Background
[C–570–982]
AGENCY:
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the ‘‘Department’’) and the
In accordance with sections 705(d) of
the Tariff Act of 1930, as amended
(‘‘Act’’), on December 26, 2012, the
Department published the final
determination in the countervailing
duty investigation of wind towers from
the PRC.1 On February 8, 2013, the ITC
notified the Department of its
affirmative determination that an
industry in the United States is
materially injured or threatened with
11 See MBL (USA) Corp. v. United States, 16 C.I.T.
108, 111–114 (1992) (finding that the Act requires
the Department, when confronted with the same
ITC voting pattern as present here, to refund duties
collected prior to the ITC’s publication of its final
injury determination).
1 See Utility Scale Wind Towers From the People’s
Republic of China: Final Affirmative Countervailing
Duty Determination, 77 FR 75978 (December 26,
2012).
2 See Utility Scale Wind Towers from China and
Vietnam, USITC Investigation Nos. 701–TA–486
mstockstill on DSK4VPTVN1PROD with NOTICES
Utility Scale Wind Towers from the
People’s Republic of China:
Countervailing Duty Order
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material injury by reason of imports of
wind towers from the PRC.2
Scope of the Order
The merchandise covered by this
order 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 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
and 731–TA–1195–1196 (Final), USITC Publication
4372 (February 2013) (‘‘ITC Report’’).
E:\FR\FM\15FEN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Notices]
[Pages 11150-11152]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03725]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-814]
Utility Scale Wind Towers From the Socialist Republic of Vietnam:
Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the ``Department'') and the International Trade Commission
(``ITC''), the Department is issuing an antidumping duty order on
utility scale wind towers (``wind towers'') from the Socialist Republic
of Vietnam (``Vietnam''). In addition, the Department is amending its
final determination to correct certain ministerial errors.
DATES: Effective Date: February 15, 2013.
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
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (``Act''), on December 26, 2012, the Department
published the final determination of sales at less than fair value in
the antidumping duty investigation of wind towers from Vietnam.\1\ On
February 8, 2013, the ITC notified the Department of its affirmative
determination that an industry in the United States is materially
injured or threatened with material injury by reason of imports of wind
towers from Vietnam.\2\
---------------------------------------------------------------------------
\1\ See Utility Scale Wind Towers From the Socialist Republic of
Vietnam: Final Determination of Sales at Less Than Fair Value, 77 FR
75984 (December 26, 2012) (``Final Determination'').
\2\ See Utility Scale Wind Towers from China and Vietnam, USITC
Investigation Nos. 701-TA-486 and 731-TA-1195-1196 (Final), USITC
Publication 4372 (February 2013) (``ITC Report'').
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order 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 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
[[Page 11151]]
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 order is currently classified in the
Harmonized Tariff System of the United States (``HTSUS'') under
subheadings 7308.20.0020 \3\ or 8502.31.0000.\4\ Prior to 2011,
merchandise covered by the order was 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 order is
dispositive.
---------------------------------------------------------------------------
\3\ Wind towers are classified under HTSUS 7308.20.0020 when
imported as a tower or tower section(s) alone.
\4\ 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).
---------------------------------------------------------------------------
Amendment to the Final Determination
On December 26, 2012, the Department published its affirmative
final determination in this proceeding.\5\ On December 26, 2012, CS
Wind Group (``CSWG''), the respondent in this investigation, and the
Wind Tower Trade Coalition (``Petitioner'') submitted timely
ministerial error allegations and requested, pursuant to 19 CFR
351.224, that the Department correct the alleged ministerial errors in
the dumping margin calculations. On December 31, 2012, Petitioner
submitted timely rebuttal comments.
---------------------------------------------------------------------------
\5\ See Final Determination.
---------------------------------------------------------------------------
After analyzing all interested party comments and rebuttals, we
have determined, in accordance with section 735(e) of the Act and 19
CFR 351.224(e), that we made the following ministerial errors in our
calculations for the Final Determination with respect to CSWG:
We unintentionally omitted the factors of production
(``FOPs'') for steel bar, stainless steel pipe, flat-rolled plates and
stone grit from the normal value used in the dumping margin calculation
program.
We unintentionally omitted the FOPs for steel bar,
stainless steel pipe and flat-rolled plates from the calculation of the
average surrogate value used as facts available to account for the
difference between the packed weight of a tower and the sum of the FOPs
of such a tower.
For a detailed discussion of all alleged ministerial errors, as well as
the Department's analysis, see Memorandum to Paul Piquado, Assistant
Secretary for Import Administration, from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty Operations,
concerning, ``Ministerial Error Memorandum, Amended Final Determination
of Sales at Less Than Fair Value: Utility Scale Wind Towers from the
Socialist Republic of Vietnam,'' dated January 18, 2013 (``Ministerial
Error Memorandum'').
In the Final Determination, we assigned the Vietnam-wide entity a
rate based on the highest transaction-specific dumping margin for the
mandatory respondent, CSWG.\6\ Because the change in CSWG's dumping
margin calculation as a result of correcting for the above-identified
ministerial errors affects the rate assigned to the Vietnam-wide
entity, we have also amended the rate assigned to the Vietnam-wide
entity.\7\ The amended weighted-average dumping margins are provided,
below.
---------------------------------------------------------------------------
\6\ See Final Determination.
\7\ See Ministerial Error Memorandum.
---------------------------------------------------------------------------
Antidumping Duty Order
As noted above, on February 8, 2013, in accordance with section
735(d) of the Act, the ITC notified the Department of its determination
that an industry in the United States is materially injured or
threatened with material injury by reason of imports of wind towers
from Vietnam. Therefore, in accordance with section 736(a)(1) of the
Act, the Department will direct U.S. Customs and Border Protection
(``CBP'') to assess, upon further instruction by the Department,
antidumping duties equal to the amount by which the normal value of the
merchandise exceeds the export price (or constructed export price) of
the merchandise, for all relevant entries of wind towers from Vietnam.
Section 736(b)(1) of the Act establishes a ``general rule'' that,
if the ITC, in its final determination, finds ``material injury or
threat of material injury which, but for the suspension of liquidation
under section 733(d)(2) {of the Act{time} would have led to a finding
of material injury,'' then entries of the subject merchandise, the
liquidation of which has been suspended pursuant to the Department's
preliminary determination under section 733(d)(2) of the Act, shall be
subject to the imposition of antidumping duties. Section 736(b)(2) of
the Act establishes a ``special rule'' that, if the ITC's final injury
determination is based on the threat of material injury (other than
threat of material injury described in the ``general rule'')
antidumping duties shall be assessed on subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the ITC's notice of final determination. Under this
``special rule,'' the Department orders CBP to terminate suspension and
refund any cash deposit of estimated antidumping duties for entries
made since the Department's preliminary antidumping duty determination
\8\ and before publication of the ITC's final injury determination.\9\
---------------------------------------------------------------------------
\8\ 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 46058 (August 2,
2012) (``Preliminary Determination'').
\9\ Section 736(b)(2) of the Act (``the Department shall release
any bonds or other security made, and refund any cash deposit made *
* * with respect to entries of the merchandise entered, or withdrawn
from warehouse, for consumption before {the date of the publication
of the ITC's affirmative final injury determination{time} ''); see,
e.g., Narrow Woven Ribbons With Woven Selvedge From Taiwan and the
People's Republic of China: Antidumping Duty Orders, 75 FR 53632,
53633 (September 1, 2010) (where the Department ordered the
termination of suspension and refund of duties for entries occurring
prior to the publication of the ITC's affirmative threat
determination).
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After reviewing the ITC's final determination, the Department
determined that the ``special rule'' pursuant to section 736(b)(2) of
the Act is applicable to the imposition of antidumping duties under
this order. Of the votes in the ITC's final determination, two
commissioners determined that an industry in the United States is
materially injured by reason of imports of utility scale wind towers
from the People's Republic of China and Vietnam, one commissioner
determined that an industry in the United States is threatened with
material injury by reason of such imports and further determined that
he would not have found material injury but for the suspension of
liquidation, and three commissioners determined that an industry in the
United States is not materially injured or threatened with material
injury by reason of such imports.\10\ Because the ITC's determination
that an industry in the United States is materially injured or
threatened with material injury is not accompanied by a finding that
material injury would have resulted but for the suspension of
liquidation of entries since the Preliminary Determination, the
Department determines that the ``general rule'' of section 736(b)(1) of
the
[[Page 11152]]
Act does not apply.\11\ Therefore, in accordance with the ``special
rule'' of section 736(b)(2) of the Act, the Department will instruct
CBP to terminate the suspension of liquidation for entries of wind
towers from Vietnam entered, or withdrawn from warehouse, for
consumption prior to the publication of the ITC's final determination
and refund any cash deposit of estimated antidumping duties for these
entries.
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\10\ See ITC Report.
\11\ See MBL (USA) Corp. v. United States, 16 C.I.T. 108, 111-
114 (1992) (finding that the Act requires the Department, when
confronted with the same ITC voting pattern as present here, to
refund duties collected prior to the ITC's publication of its final
injury determination).
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Suspension of Liquidation and Collection of Cash Deposit
In accordance with sections 735(c)(1)(B) and 736(b)(2) of the Act,
the Department will instruct CBP to suspend liquidation on all entries
of subject merchandise from Vietnam made on or after the date of the
publication of the ITC's final affirmative determination. The
Department will also instruct CBP to require cash deposits equal to the
estimated amount by which the normal value exceeds the U.S. price as
indicated in the chart below. These instructions suspending liquidation
will remain in effect until further notice.
Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination, CBP will require, at the same
time as importers would normally deposit estimated duties on this
subject merchandise, a cash deposit for estimated antidumping duties
based on the weighted-average dumping margins. The rate for the
Vietnam-wide entity applies to all combinations of producers and
exporters of subject merchandise not specifically listed under the
``Amended Final Determination of Antidumping Investigation'' section
below.
Amended Final Determination of Antidumping Investigation
The weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter Producer dumping
margin
(percent)
------------------------------------------------------------------------
The CS Wind Group*................ The CS Wind Group... 51.54
------------------------------------------------------------------------
Vietnam-Wide Entity**................................... 58.54
------------------------------------------------------------------------
* 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.
This notice constitutes the antidumping duty order with respect to
wind towers from Vietnam pursuant to section 736(a) of the Act.
This order and amended final determination are published in
accordance with sections 736(a) and 735(e) of the Act and 19 CFR
351.211 and 351.224(e).
Dated: February 12, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-03725 Filed 2-14-13; 8:45 am]
BILLING CODE 3510-DS-P
