Utility Scale Wind Towers from the People's Republic of China: Countervailing Duty Order, 11152-11154 [2013-03728]
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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entered, or withdrawn from warehouse,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
VerDate Mar<15>2010
19:09 Feb 14, 2013
Jkt 229001
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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’’).
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Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Notices
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
7308.20.00203 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.
Countervailing Duty Order
As noted above, on February 8, 2013,
in accordance with section 705(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 706(a)(1) of the Act, the
Department will direct U.S. Customs
and Border Protection (‘‘CBP’’) to assess,
upon further instruction by the
Department, countervailing duties equal
to the amount of the net countervailable
subsidy for all relevant entries of wind
towers from the PRC.
Section 706(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 703(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 703(d)(2) of
the Act, shall be subject to the
imposition of countervailing duties.
Section 706(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’’) countervailing 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
countervailing duties for entries made
since the Department’s preliminary
countervailing duty determination5 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 706(b)(2) of the Act
is applicable to the imposition of
countervailing 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 706(b)(1) of the
Act does not apply.8 Therefore, in
accordance with the ‘‘special rule’’ of
section 706(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
countervailing duties for these entries.
Suspension of Liquidation and
Collection of Cash Deposit
In accordance with sections
705(c)(1)(B) and 706(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. 9 The Department will
also instruct CBP to require a cash
deposit for each entry of subject
merchandise in an amount equal to the
net countervailable subsidy rates noted
below. These instructions suspending
liquidation will remain in effect until
further notice.
Final Determination of Countervailing
Duty Investigation
Net countervailable subsidy rates
noted below.
Net Subsidy
Ad Valorem
Rate
Producer/exporter
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CS Wind China Co., Ltd., CS Wind Tech (Shanghai) Co., Ltd., and CS Wind Corporation (collectively, CS Wind) .....................
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 Utility Scale Wind Towers From the People’s
Republic of China: Preliminary Affirmative
Countervailing Duty Determination, 77 FR 33422
(June 6, 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
VerDate Mar<15>2010
20:37 Feb 14, 2013
Jkt 229001
of the publication of the ITC’s affirmative final
injury determination}’’); see, e.g., Narrow Woven
Ribbons With Woven Selvedge From the People’s
Republic of China: Countervailing Duty Orders, 75
FR 53642, 53643 (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).
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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21.86 percent
9 The Department instructed CBP to discontinue
the suspension of liquidation on October 4, 2012,
four months after the publication of the Preliminary
Determination, in accordance with section 703(d) of
the Act. Section 703(d) states that the suspension
of liquidation pursuant to a preliminary
determination may not remain in effect for more
than four months. Entries of wind towers from the
PRC made on or after October 4, 2012, and prior to
the date of publication of the ITC’s final
determination in the Federal Register are not liable
for the assessment of countervailing duties because
of the Department’s discontinuation, effective
October 4, 2012, of the suspension of liquidation.
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Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Notices
Net Subsidy
Ad Valorem
Rate
Producer/exporter
Titan Wind Energy (Suzhou) Co. Ltd. (Titan Wind), Titan Lianyungang Metal Product Co. Ltd. (Titan Lianyungang), Baotou
Titan Wind Power Equipment Co., Ltd. (Titan Baotou), and Shenyang Titan Metal Co., Ltd. (Titan Shenyang) (collectively,
Titan Companies).
All Others ..........................................................................................................................................................................................
This notice constitutes the
countervailing duty order with respect
to wind towers from the PRC pursuant
to section 706(a) of the Act. This order
is published in accordance with section
706 (a) of the Act and 19 CFR
351.211(b).
notified the Department of its
affirmative determination that an
industry in the United States is
materially injured within the meaning
of section 705(b)(1)(A)(i) of the Act by
reason of subsidized imports of washers
from Korea.2
Dated: February 12, 2013.
Paul Piquado,
Assistant Secretary
for Import Administration.
Scope of the Order
The products covered by this order
are all large residential washers and
certain subassemblies thereof from
Korea.
For purposes of this order, the term
‘‘large residential washers’’ denotes all
automatic clothes washing machines,
regardless of the orientation of the
rotational axis, except as noted below,
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 tubs3 designed for use
in large residential washers which
incorporate, at a minimum: (a) a tub;
and (b) a seal; (3) all assembled baskets4
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
________________________
[FR Doc. 2013–03728 Filed 2–14–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–869]
Large Residential Washers From the
Republic of Korea: Countervailing 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 (the
ITC), the Department is issuing a
countervailing duty order on large
residential washers (washers) from the
Republic of Korea (Korea).
DATES: Effective Date: February 15,
2013.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Justin M. Neuman, AD/CVD Operations,
Office 6, Import Administration, U.S.
Department of Commerce, Room 7866,
14th Street and Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–0486.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with NOTICES
Case History
In accordance with section 705(d) of
the Tariff Act of 1930, as amended (the
Act), on December 26, 2012, the
Department published its final
determination in the countervailing
duty investigation of washers from
Korea.1 On February 8, 2013, the ITC
1 See Large Residential Washers from the
Republic of Korea: Final Affirmative Countervailing
VerDate Mar<15>2010
19:09 Feb 14, 2013
Jkt 229001
Duty Determination, 77 FR 75975 (December 26,
2012) (Final Determination).
2 See Certain Large Residential Washers from
Korea and Mexico, Investigation No. 701–TA–488
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.
6 A ‘‘drive hub’’ is the hub at the center of the
base that bears the load from the motor.
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34.81 percent
28.34 percent
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
the time of importation); (c) it contains
a push button user interface with a
maximum of six manually selectable
wash cycle settings, with no ability of
the end user to otherwise modify water
temperature, water level, or spin speed
for a selected wash cycle setting; and (d)
the console containing the user interface
is made of steel and is assembled with
security fasteners;8 or
(2)(a) It contains payment system
electronics; (b) the payment system
electronics are enabled (whether or not
the payment acceptance device has been
installed at the time of importation)
such that, in normal operation,9 the unit
cannot begin a wash cycle without first
receiving a signal from a bona fide
payment acceptance device such as an
electronic credit card reader; (c) it
contains a push button user interface
with a maximum of six manually
selectable wash cycle settings, with no
ability of the end user to otherwise
modify water temperature, water level,
or spin speed for a selected wash cycle
setting; and (d) the console containing
the user interface is made of steel and
is assembled with security fasteners.
Also excluded from the scope are
automatic clothes washing machines
with a vertical rotational axis and a
rated capacity of less than 3.70 cubic
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.
8 A ‘‘security fastener’’ is a screw with a nonstandard head that requires a non-standard driver.
Examples include those with a pin in the center of
the head as a ‘‘center pin reject’’ feature to prevent
standard Allen wrenches or Torx drivers from
working.
9 ‘‘Normal operation’’ refers to the operating
mode(s) available to end users (i.e., not a mode
designed for testing or repair by a technician).
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]]>Agencies
[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Notices]
[Pages 11152-11154]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03728]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-982]
Utility Scale Wind Towers from the People's Republic of China:
Countervailing 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 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.
SUPPLEMENTARY INFORMATION:
Background
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 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 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 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
[[Page 11153]]
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).
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Countervailing Duty Order
As noted above, on February 8, 2013, in accordance with section
705(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 706(a)(1) of the
Act, the Department will direct U.S. Customs and Border Protection
(``CBP'') to assess, upon further instruction by the Department,
countervailing duties equal to the amount of the net countervailable
subsidy for all relevant entries of wind towers from the PRC.
Section 706(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 703(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 703(d)(2) of the Act, shall be
subject to the imposition of countervailing duties. Section 706(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'')
countervailing 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 countervailing duties for entries
made since the Department's preliminary countervailing 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 Affirmative Countervailing Duty Determination, 77
FR 33422 (June 6, 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 the People's
Republic of China: Countervailing Duty Orders, 75 FR 53642, 53643
(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 706(b)(2) of
the Act is applicable to the imposition of countervailing 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 706(b)(1) of
the Act does not apply.\8\ Therefore, in accordance with the ``special
rule'' of section 706(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 countervailing 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 705(c)(1)(B) and 706(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. \9\
The Department will also instruct CBP to require a cash deposit for
each entry of subject merchandise in an amount equal to the net
countervailable subsidy rates noted below. These instructions
suspending liquidation will remain in effect until further notice.
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\9\ The Department instructed CBP to discontinue the suspension
of liquidation on October 4, 2012, four months after the publication
of the Preliminary Determination, in accordance with section 703(d)
of the Act. Section 703(d) states that the suspension of liquidation
pursuant to a preliminary determination may not remain in effect for
more than four months. Entries of wind towers from the PRC made on
or after October 4, 2012, and prior to the date of publication of
the ITC's final determination in the Federal Register are not liable
for the assessment of countervailing duties because of the
Department's discontinuation, effective October 4, 2012, of the
suspension of liquidation.
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Final Determination of Countervailing Duty Investigation
Net countervailable subsidy rates noted below.
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Net Subsidy Ad Valorem
Producer/exporter Rate
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CS Wind China Co., Ltd., CS Wind Tech 21.86 percent
(Shanghai) Co., Ltd., and CS Wind
Corporation (collectively, CS Wind).
[[Page 11154]]
Titan Wind Energy (Suzhou) Co. Ltd. (Titan 34.81 percent
Wind), Titan Lianyungang Metal Product Co.
Ltd. (Titan Lianyungang), Baotou Titan Wind
Power Equipment Co., Ltd. (Titan Baotou),
and Shenyang Titan Metal Co., Ltd. (Titan
Shenyang) (collectively, Titan Companies).
All Others................................... 28.34 percent
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This notice constitutes the countervailing duty order with respect
to wind towers from the PRC pursuant to section 706(a) of the Act. This
order is published in accordance with section 706 (a) of the Act and 19
CFR 351.211(b).
Dated: February 12, 2013.
Paul Piquado,
Assistant Secretary
for Import Administration.
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[FR Doc. 2013-03728 Filed 2-14-13; 8:45 am]
BILLING CODE 3510-DS-P
