Utility Scale Wind Towers From the People's Republic of China: Antidumping Duty Order, 11146-11148 [2013-03727]
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11146
Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Notices
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during the POR without regard to
antidumping duties in accordance with
19 CFR 351.106(c)(2). For customers or
importers of Weihai for which we do
not have entered value, we have
calculated customer/importer-specific
antidumping duty assessment amounts
based on the ratio of the total amount of
antidumping duties calculated for the
examined sales of subject merchandise
to the total quantity of subject
merchandise sold in those transactions.
For customers or importers of Weihai
for which we received entered-value
information, we have calculated
customer/importer-specific
antidumping duty assessment rates
based on customer/importer-specific ad
valorem rates in accordance with 19
CFR 351.212(b)(1). For all non-selected
respondents that received a separate
rate, we will instruct CBP to apply an
antidumping duty assessment rate of
9.55 percent to all entries of subject
merchandise that entered the United
States during the POR. For all other
companies, we will instruct CBP to
apply an antidumping duty assessment
rate of 164.09 percent to all entries of
subject merchandise exported by these
companies.
We intend to issue assessment
instructions to CBP 15 days after the
date of publication of the final results of
review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results of
review for all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the publication date as provided by
section 751(a)(2)(C) of the Act: (1) For
subject merchandise exported by the
companies listed above that have
separate rates, the cash deposit rate will
be the rate established in this final
results of review for each exporter as
listed above, except if the rate is zero or
de minimis, then no cash deposit will be
required for that exporter; (2) for
previously investigated companies not
listed above that have separate rates, the
cash deposit rate will continue to be the
company-specific rate published for the
investigation; (3) for all other PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC-wide rate of 164.09 percent;
(4) for all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC entity
that supplied that non-PRC exporter.
These deposit requirements shall
remain in effect until further notice.
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19:09 Feb 14, 2013
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Notifications
DEPARTMENT OF COMMERCE
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Timely written notification of the 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.
These final results of review are
issued and published in accordance
with sections 751(a)(1) and 777(i) of the
Act.
International Trade Administration
Dated: February 8, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
1. Separate Rate
2. Corporate Affiliation
3. Respondent Selection
4. Surrogate Values
Air Freight
Brokerage and Handling
Cores
Diamond Powder
Electricity
Financial Ratios
Gasoline
Paraffin Wax
Steel Types 1, 2, 3, and 6
Tin Powder
5. Status of the Order
6. Combination Rates
7. Assessment Period
8. Instructions to CBP
9. Zeroing
10. Fraud Allegations and the Reliability of
Respondents’ Submissions
[FR Doc. 2013–03481 Filed 2–14–13; 8:45 am]
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Utility Scale Wind Towers From the
People’s Republic of China:
Antidumping Duty Order
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
People’s Republic of China (‘‘PRC’’).
DATES: Effective Date: February 15,
2013.
AGENCY:
Lilit
Astvatsatrian, Shawn Higgins, Thomas
Martin, or Trisha Tran, 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) 482–6412, (202) 482–
0679, (202) 482–3936, or (202) 482–
4852, respectively.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
Appendix
BILLING CODE 3510–DS–P
[A–570–981]
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 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
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
1 See Utility Scale Wind Towers From the People’s
Republic of China: Final Determination of Sales at
Less Than Fair Value, 77 FR 75992 (December 26,
2012).
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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Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Notices
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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 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.
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
the PRC. Therefore, in accordance with
section 736(a)(1) of the Act, the
Department will direct U.S. Customs
and Border Protection (‘‘CBP’’) to assess,
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).
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19:09 Feb 14, 2013
Jkt 229001
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 the
PRC.
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
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 5 and
before publication of the ITC’s final
injury determination.6
After reviewing the ITC’s final
determination, the Department
determines 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
5 See Utility Scale Wind Towers From the People’s
Republic of China: Preliminary Determination of
Sales at Less Than Fair Value and Postponement
of Final Determination, 77 FR 46034 (August 2,
2012) (‘‘Preliminary Determination’’).
6 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).
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11147
towers from the PRC and the Socialist
Republic of 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.7 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
Act does not apply.8 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 the PRC
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 the PRC made
on or after the date of the publication of
the ITC’s final affirmative injury
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 cash deposit rates will be
adjusted, where appropriate, for export
subsidies. 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, adjusted, where appropriate,
7 See
ITC Report.
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).
8 See
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Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Notices
for export subsidies.9 The rate for the
PRC-wide entity applies to all
combinations of producers and
exporters of subject merchandise not
specifically listed under the ‘‘Final
Determination of Antidumping
Investigation’’ section below.
Final Determination of Antidumping
Investigation
The weighted-average dumping
margins are as follows:
Weightedaverage
dumping margin
(percent)
Exporter
Producer
Chengxi Shipyard Co., Ltd. ........................................................
Titan Wind Energy (Suzhou) Co., Ltd. ......................................
Titan Wind Energy (Suzhou) Co., Ltd. ......................................
CS Wind Corporation .................................................................
Guodian United Power Technology Baoding Co., Ltd. .............
Sinovel Wind Group Co., Ltd. ....................................................
PRC-Wide Entity ........................................................................
Chengxi Shipyard Co., Ltd. .......................................................
Titan (Lianyungang) Metal Product Co., Ltd. ............................
Titan Wind Energy (Suzhou) Co., Ltd. ......................................
CS Wind China Co., Ltd. ..........................................................
Guodian United Power Technology Baoding Co., Ltd. .............
Qiangsheng Wind Equipment Co., Ltd. ....................................
....................................................................................................
47.59
44.99
44.99
46.38
46.38
46.38
70.63
PRC-Wide Entity includes AVIC International Renewable Energy Co., Ltd.
This notice constitutes the
antidumping duty order with respect to
wind towers from the PRC pursuant to
section 736(a) of the Act.
This order is published in accordance
with section 736(a) of the Act and 19
CFR 351.211.
Dated: February 12, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
FOR FURTHER INFORMATION CONTACT:
Brian Smith (Mexico) or David
Goldberger (Korea), 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) 482–1766 or (202) 482–
4136, respectively.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2013–03727 Filed 2–14–13; 8:45 am]
Background
BILLING CODE 3510–DS–P
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act of 1930,
as amended (the Act), the Department
published its affirmative final
determinations of sales at less-than-fairvalue in the antidumping duty
investigations of washers from Korea
and Mexico on December 26 and 27,
2012, respectively.1 On February 8,
2013, the ITC notified the Department of
its affirmative determinations that an
industry in the United States is
materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act by
reason of less-than-fair-value imports of
washers from Mexico and Korea.2
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–842, A–580–868]
Large Residential Washers From
Mexico and the Republic of Korea:
Antidumping Duty Orders
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 (the
ITC), the Department is issuing
antidumping duty orders on large
residential washers (washers) from
Mexico and the Republic of Korea
(Korea).
AGENCY:
DATES:
Scope of the Orders
The products covered by these orders
are all large residential washers and
certain subassemblies thereof from
Mexico and Korea.
For purposes of these orders, the term
‘‘large residential washers’’ denotes all
automatic clothes washing machines,
regardless of the orientation of the
rotational axis, except as noted below,
Effective Date: February 15,
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2013.
9 See
section 736(a)(3) of the Act.
Notice of Final Determination of Sales at
Less Than Fair Value: Large Residential Washers
From the Republic of Korea, 77 FR 75988
(December 26, 2012); and Notice of Final
Determination of Sales at Less Than Fair Value:
Large Residential Washers from Mexico, 77 FR
76288 (December 27, 2012).
2 See Certain Large Residential Washers from
Korea and Mexico, Investigation Nos. 701–TA–488
1 See
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and 731–TA–1199–1200 (Final), U.S. ITC
Publication 4378 (February 2013).
3 A ‘‘tub’’ is the part of the washer designed to
hold water.
4 A ‘‘basket’’ (sometimes referred to as a ‘‘drum’’)
is the part of the washer designed to hold clothing
or other fabrics.
5 A ‘‘side wrapper’’ is the cylindrical part of the
basket that actually holds the clothing or other
fabrics.
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with a cabinet width (measured from its
widest point) of at least 24.5 inches
(62.23 cm) and no more than 32.0
inches (81.28 cm).
Also covered are certain
subassemblies used in large residential
washers, namely: (1) All assembled
cabinets designed for use in large
residential washers which incorporate,
at a minimum: (a) at least three of the
six cabinet surfaces; and (b) a bracket;
(2) all assembled tubs 3 designed for use
in large residential washers which
incorporate, at a minimum: (a) a tub;
and (b) a seal; (3) all assembled baskets 4
designed for use in large residential
washers which incorporate, at a
minimum: (a) A side wrapper; 5 (b) a
base; and (c) a drive hub; 6 and (4) any
combination of the foregoing
subassemblies.
Excluded from the scope are stacked
washer-dryers and commercial washers.
The term ‘‘stacked washer-dryers’’
denotes distinct washing and drying
machines that are built on a unitary
frame and share a common console that
controls both the washer and the dryer.
The term ‘‘commercial washer’’ denotes
an automatic clothes washing machine
designed for the ‘‘pay per use’’ market
meeting either of the following two
definitions:
(1) (a) it contains payment system
electronics; 7 (b) it is configured with an
externally mounted steel frame at least
six inches high that is designed to house
a coin/token operated payment system
(whether or not the actual coin/token
operated payment system is installed at
6 A ‘‘drive hub’’ is the hub at the center of the
base that bears the load from the motor.
7 ‘‘Payment system electronics’’ denotes a circuit
board designed to receive signals from a payment
acceptance device and to display payment amount,
selected settings, and cycle status. Such electronics
also capture cycles and payment history and
provide for transmission to a reader.
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]]>Agencies
[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Notices]
[Pages 11146-11148]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03727]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-981]
Utility Scale Wind Towers From the People's Republic of China:
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 People's Republic
of China (``PRC'').
DATES: Effective Date: February 15, 2013.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, Shawn Higgins,
Thomas Martin, or Trisha Tran, 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) 482-6412, (202) 482-0679, (202) 482-3936, or
(202) 482-4852, 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 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 material injury by reason of imports of wind
towers from the PRC.\2\
---------------------------------------------------------------------------
\1\ See Utility Scale Wind Towers From the People's Republic of
China: Final Determination of Sales at Less Than Fair Value, 77 FR
75992 (December 26, 2012).
\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
[[Page 11147]]
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 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).
---------------------------------------------------------------------------
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 the PRC. 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 the PRC.
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
\5\ and before publication of the ITC's final injury determination.\6\
---------------------------------------------------------------------------
\5\ See Utility Scale Wind Towers From the People's Republic of
China: Preliminary Determination of Sales at Less Than Fair Value
and Postponement of Final Determination, 77 FR 46034 (August 2,
2012) (``Preliminary Determination'').
\6\ 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).
---------------------------------------------------------------------------
After reviewing the ITC's final determination, the Department
determines 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 PRC and the Socialist Republic of 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.\7\ 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 Act does not apply.\8\ 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 the PRC 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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\7\ See ITC Report.
\8\ 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 the PRC made on or after the date of the
publication of the ITC's final affirmative injury 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 cash deposit rates will be
adjusted, where appropriate, for export subsidies. 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, adjusted, where
appropriate,
[[Page 11148]]
for export subsidies.\9\ The rate for the PRC-wide entity applies to
all combinations of producers and exporters of subject merchandise not
specifically listed under the ``Final Determination of Antidumping
Investigation'' section below.
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\9\ See section 736(a)(3) of the Act.
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Final Determination of Antidumping Investigation
The weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter Producer dumping margin
(percent)
------------------------------------------------------------------------
Chengxi Shipyard Co., Ltd...... Chengxi Shipyard Co., 47.59
Ltd..
Titan Wind Energy (Suzhou) Co., Titan (Lianyungang) 44.99
Ltd.. Metal Product Co.,
Ltd..
Titan Wind Energy (Suzhou) Co., Titan Wind Energy 44.99
Ltd.. (Suzhou) Co., Ltd..
CS Wind Corporation............ CS Wind China Co., 46.38
Ltd..
Guodian United Power Technology Guodian United Power 46.38
Baoding Co., Ltd.. Technology Baoding
Co., Ltd..
Sinovel Wind Group Co., Ltd.... Qiangsheng Wind 46.38
Equipment Co., Ltd..
PRC-Wide Entity................ ...................... 70.63
------------------------------------------------------------------------
PRC-Wide Entity includes AVIC International Renewable Energy Co., Ltd.
This notice constitutes the antidumping duty order with respect to
wind towers from the PRC pursuant to section 736(a) of the Act.
This order is published in accordance with section 736(a) of the
Act and 19 CFR 351.211.
Dated: February 12, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-03727 Filed 2-14-13; 8:45 am]
BILLING CODE 3510-DS-P
