Utility Scale Wind Towers From the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With the Final Determination of Less Than Fair Value Investigation and Notice of Amended Final Determination of Investigation, 15493-15494 [2017-06254]

Download as PDF Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Notices 15493 LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE [3/14/2017 through 3/23/2017] Date accepted for investigation Firm name Firm address Giering Metal Finishing, Inc ........... 2655 State Street, Hamden, CT 06517. 3/16/2017 Coastal Woodworking, Inc ............. 16 Sand Hill Road, Post Office Box 137, Nobleboro, ME 04555. 713 West Main Street, Palmyra, PA 17078. 225 Main Street, Tatamy, PA 18085. 3/17/2017 Dechert Dynamics Corporation ...... Consolidated Storage Companies, Inc. d/b/a Equipto, Inc. Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Trade Adjustment Assistance for Firms Division, Room 71030, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice. Please follow the requirements set forth in EDA’s regulations at 13 CFR 315.9 for procedures to request a public hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms. Miriam Kearse, Lead Program Analyst. [FR Doc. 2017–06165 Filed 3–28–17; 8:45 am] BILLING CODE 3510–WH–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–814] Utility Scale Wind Towers From the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With the Final Determination of Less Than Fair Value Investigation and Notice of Amended Final Determination of Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 16, 2017, the United States Court of International Trade (CIT or Court) issued its final judgment, affirming the Department of Commerce’s (the Department) final results of redetermination concerning the less-than-fair-value investigation mstockstill on DSK3G9T082PROD with NOTICES AGENCY: VerDate Sep<11>2014 16:54 Mar 28, 2017 Jkt 241001 3/21/2017 3/21/2017 Product(s) The firm is a metal finishing job shop that specializes in the application of organic coatings, with processes such as: Electrocoating, powder coating, compliant paint coating, conversion coating, silk screening, masking, and packaging. The firm manufactures custom wood displays and consumer packaging products. The firm offers machining services, such as milling and turning, utilizing CNC technology. The firm manufactures industrial grade storage systems, of steel, such as shelving, cabinetry, and the like. (LTFV) of utility scale wind towers from the Socialist Republic of Vietnam (Vietnam). The Department is notifying the public that the Court’s final judgment in this case is not in harmony with the Department’s final determination in the LTFV investigation on utility scale wind towers from Vietnam, and is amending the final determination with respect to CS Wind Vietnam Co., Ltd. and CS Wind Corporation (collectively, CS Wind Group). DATES: Effective March 26, 2017. FOR FURTHER INFORMATION CONTACT: Trisha Tran, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4852. SUPPLEMENTARY INFORMATION: Background On February 15, 2013, the Department published its amended final determination and antidumping duty order in this proceeding.1 The CS Wind Group appealed the Wind Towers Final Determination to the CIT, and on March 27, 2014, the CIT remanded the Wind Towers Final Determination to the Department.2 On July 29, 2014, the Department filed its results of redetermination pursuant to remand in accordance with the CIT’s order.3 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), as amended by Utility Scale Wind Towers from the Socialist Republic of Vietnam: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 78 FR 11150 (February 15, 2013) (Wind Towers Amended Final Determination). 2 See CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United States, 971 F. Supp. 2d 1271 (CIT 2014). 3 See Final Results of Redetermination Pursuant to Court Order, CS Wind Vietnam Co., Ltd. and CS PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 On November 3, 2014, the CIT affirmed, in part, and remanded in part, the Department’s Final First Redetermination, which resulted in a weighted-average dumping margin of 17.07 percent for the CS Wind Group.4 In the Final Second Redetermination, the Department revised its calculation of certain surrogate financial ratios.5 The Court affirmed the Department’s second remand in its entirety on May 11, 2015, which resulted in a weighted-average dumping margin of 17.02 percent for the CS Wind Group.6 The CS Wind Group challenged the CIT’s affirmance of the Department’s Final Second Redetermination. On August 12, 2016, the CAFC directed the CIT to remand the matter to the Department, and in so doing: (1) reversed the CIT’s affirmance of the Department’s use of packing weights rather than the factors of production (FOP) weights in its calculation of surrogate value; and, (2) vacated and remanded the CIT’s overhead determination with respect to jobwork charges, erection expenses, and civil expenses.7 The Department issued its Wind Corporation v. United States, Consol. Court No. 13–00102, Slip Op. 14–33, dated July 29, 2014 (Final First Redetermination); see also http:// enforcement.trade.gov/remands/index.html. 4 See CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United States, Consol. Court No. 13– 00102, Slip Op. 14–128 (CIT November 3, 2014). 5 See Final Redetermination Pursuant to Court Order, ‘‘CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United States, Consol. Court No. 13– 00102, Slip Op. 14–128, (November 3, 2014),’’ dated January 21, 2015 (Final Second Redetermination); see also http://enforcement.trade.gov/remands/ index.html. 6 See CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United States, Consol. Court No. 13– 00102, Slip Op. 15–45 (CIT May 11, 2015). 7 See CS Wind Vietnam Co., Ltd., and CS Wind Corporation v. United States and Wind Tower Coalition, 832 F. 3d 1367 (Fed. Cir. 2016). E:\FR\FM\29MRN1.SGM 29MRN1 15494 Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Notices Final Third Redetermination 8 on December 9, 2016. On March 16, 2017, the Court affirmed the Department’s Final Third Redetermination in its entirety.9 Timken Notice In its decision in Timken,10 as clarified by Diamond Sawblades,11 the CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision that is not ‘‘in harmony’’ with a Department determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s March 16, 2017, judgment affirming the Final Third Redetermination constitutes a final decision of that court that is not in harmony with the Wind Towers Final Determination. This notice is published in fulfillment of the publication requirements of Timken. Amended Final Determination Because there is now a final court decision with respect to this litigation, the Department is amending the Wind Towers Final Determination with respect to the CS Wind Group’s dumping margin and cash deposit rate. The revised dumping margin and cash deposit rate for this exporter/producer combination is 0.00 percent.12 Exporter Estimated weighted-average dumping margin (percent) CS Wind Group ....................................................................... mstockstill on DSK3G9T082PROD with NOTICES Producer CS Wind Group ....................................................................... 0.00 Partial Exclusion From the Antidumping Duty Order and Partial Discontinuation of the Antidumping Duty Administrative Review Pursuant to sections 735(c)(2) of the Act, ‘‘the investigation shall be terminated upon publication of that negative determination’’ and the Department shall ‘‘terminate the suspension of liquidation’’ and ‘‘release any bond or other security, and refund any cash deposit.’’ See Sections 735(c)(2)(A) and (B) of the Act. As a result of this amended final determination, in which the Department calculated a weighted-average dumping margin of 0.00 percent for CS Wind Group, the Department is hereby excluding merchandise from the following producer/exporter chain from the antidumping duty order: Producer: CS Wind Group. Exporter: CS Wind Group. Accordingly, the Department will direct U.S. Customs and Border Protection (CBP) to release any bonds or other security and refund cash deposits. This exclusion does not apply to merchandise produced by CS Wind Group and exported by any other company. Therefore, resellers of merchandise produced, or produced and exported by CS Wind Group, are not entitled to the exclusion. Similarly, the exclusion does not apply to merchandise produced by any other company and exported by CS Wind Group. We note, however, that pursuant to Timken, the suspension of liquidation must continue during the pendency of the appeals process. Thus, at this time we will instruct CBP to continue the suspension of liquidation at a cash deposit rate of 0.00 percent for entries produced and exported by CS Wind Group until otherwise instructed and to release any bond or other security that CS Wind Group made pursuant to the Final Third Redetermination. If the CIT’s ruling is not appealed, or if appealed and upheld, the Department will instruct CBP to terminate the suspension of liquidation and to liquidate entries produced and exported by CS Wind Group without regard to antidumping duties. As a result of the exclusion, the Department will not initiate any new administrative reviews of the antidumping duty order with respect to merchandise produced and exported by CS Wind Group. The review will continue with regard to merchandise produced by CS Wind Group and exported by another company or produced by any other company and exported by CS Wind Group. Finally, we note that, at this time, the Department remains enjoined by Court order from liquidating entries produced and/or exported by CS Wind Group during the period February 13, 2013, through January 31, 2014. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. 8 See Final Results of Redetermination Pursuant to Court Order, CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United States, Consol. Court No. 13–00102, dated October 4, 2016 (Third Final Redetermination). 9 See CS Wind Vietnam Co., Ltd. and CS Wind Corporatio v. United States, Consol. Court No. 13– 00102, Slip Op. 17–26 (CIT March 16, 2017); see also http://enforcement.trade.gov/remands/ index.html. VerDate Sep<11>2014 16:54 Mar 28, 2017 Jkt 241001 Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Dated: March 24, 2017. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2017–06254 Filed 3–28–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–009] Calcium Hypochlorite From the People’s Republic of China: Final Decision To Rescind the Countervailing Duty New Shipper Review of Haixing Jingmei Chemical Products Sales Co., Ltd. Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On January 3, 2017, the Department of Commerce (the Department) published its Preliminary intent to rescind the new shipper review (NSR) of the countervailing duty order on calcium hypochlorite from the People’s Republic of China (PRC). The period of review is May 27, 2014, through December 31, 2015. As discussed below, we announced our preliminary intent to rescind this review because the Department requested but did not receive from Haixing Jingmei Chemical Products Sales Co., Ltd. (Jingmei) and its customers’ information requested by the Department to determine whether, and conclude that, the sale under review is bona fide. AGENCY: 10 Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 11 Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 12 See Final Third Redetermination. E:\FR\FM\29MRN1.SGM 29MRN1

Agencies

[Federal Register Volume 82, Number 59 (Wednesday, March 29, 2017)]
[Notices]
[Pages 15493-15494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06254]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-814]


Utility Scale Wind Towers From the Socialist Republic of Vietnam: 
Notice of Court Decision Not in Harmony With the Final Determination of 
Less Than Fair Value Investigation and Notice of Amended Final 
Determination of Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 16, 2017, the United States Court of International 
Trade (CIT or Court) issued its final judgment, affirming the 
Department of Commerce's (the Department) final results of 
redetermination concerning the less-than-fair-value investigation 
(LTFV) of utility scale wind towers from the Socialist Republic of 
Vietnam (Vietnam). The Department is notifying the public that the 
Court's final judgment in this case is not in harmony with the 
Department's final determination in the LTFV investigation on utility 
scale wind towers from Vietnam, and is amending the final determination 
with respect to CS Wind Vietnam Co., Ltd. and CS Wind Corporation 
(collectively, CS Wind Group).

DATES: Effective March 26, 2017.

FOR FURTHER INFORMATION CONTACT: Trisha Tran, Office IV, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; 
telephone: (202) 482-4852.

SUPPLEMENTARY INFORMATION: 

Background

    On February 15, 2013, the Department published its amended final 
determination and antidumping duty order in this proceeding.\1\ The CS 
Wind Group appealed the Wind Towers Final Determination to the CIT, and 
on March 27, 2014, the CIT remanded the Wind Towers Final Determination 
to the Department.\2\ On July 29, 2014, the Department filed its 
results of redetermination pursuant to remand in accordance with the 
CIT's order.\3\
---------------------------------------------------------------------------

    \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), as amended by Utility Scale Wind Towers 
from the Socialist Republic of Vietnam: Amended Final Determination 
of Sales at Less Than Fair Value and Antidumping Duty Order, 78 FR 
11150 (February 15, 2013) (Wind Towers Amended Final Determination).
    \2\ See CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. 
United States, 971 F. Supp. 2d 1271 (CIT 2014).
    \3\ See Final Results of Redetermination Pursuant to Court 
Order, CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United 
States, Consol. Court No. 13-00102, Slip Op. 14-33, dated July 29, 
2014 (Final First Redetermination); see also http://enforcement.trade.gov/remands/index.html.
---------------------------------------------------------------------------

    On November 3, 2014, the CIT affirmed, in part, and remanded in 
part, the Department's Final First Redetermination, which resulted in a 
weighted-average dumping margin of 17.07 percent for the CS Wind 
Group.\4\ In the Final Second Redetermination, the Department revised 
its calculation of certain surrogate financial ratios.\5\ The Court 
affirmed the Department's second remand in its entirety on May 11, 
2015, which resulted in a weighted-average dumping margin of 17.02 
percent for the CS Wind Group.\6\
---------------------------------------------------------------------------

    \4\ See CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. 
United States, Consol. Court No. 13-00102, Slip Op. 14-128 (CIT 
November 3, 2014).
    \5\ See Final Redetermination Pursuant to Court Order, ``CS Wind 
Vietnam Co., Ltd. and CS Wind Corporation v. United States, Consol. 
Court No. 13-00102, Slip Op. 14-128, (November 3, 2014),'' dated 
January 21, 2015 (Final Second Redetermination); see also http://enforcement.trade.gov/remands/index.html.
    \6\ See CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. 
United States, Consol. Court No. 13-00102, Slip Op. 15-45 (CIT May 
11, 2015).
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    The CS Wind Group challenged the CIT's affirmance of the 
Department's Final Second Redetermination. On August 12, 2016, the CAFC 
directed the CIT to remand the matter to the Department, and in so 
doing: (1) reversed the CIT's affirmance of the Department's use of 
packing weights rather than the factors of production (FOP) weights in 
its calculation of surrogate value; and, (2) vacated and remanded the 
CIT's overhead determination with respect to jobwork charges, erection 
expenses, and civil expenses.\7\ The Department issued its

[[Page 15494]]

Final Third Redetermination \8\ on December 9, 2016. On March 16, 2017, 
the Court affirmed the Department's Final Third Redetermination in its 
entirety.\9\
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    \7\ See CS Wind Vietnam Co., Ltd., and CS Wind Corporation v. 
United States and Wind Tower Coalition, 832 F. 3d 1367 (Fed. Cir. 
2016).
    \8\ See Final Results of Redetermination Pursuant to Court 
Order, CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United 
States, Consol. Court No. 13-00102, dated October 4, 2016 (Third 
Final Redetermination).
    \9\ See CS Wind Vietnam Co., Ltd. and CS Wind Corporatio v. 
United States, Consol. Court No. 13-00102, Slip Op. 17-26 (CIT March 
16, 2017); see also http://enforcement.trade.gov/remands/index.html.
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\10\ as clarified by Diamond 
Sawblades,\11\ the CAFC held that, pursuant to section 516A(e) of the 
Tariff Act of 1930, as amended (the Act), the Department must publish a 
notice of a court decision that is not ``in harmony'' with a Department 
determination and must suspend liquidation of entries pending a 
``conclusive'' court decision. The CIT's March 16, 2017, judgment 
affirming the Final Third Redetermination constitutes a final decision 
of that court that is not in harmony with the Wind Towers Final 
Determination. This notice is published in fulfillment of the 
publication requirements of Timken.
---------------------------------------------------------------------------

    \10\ Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) 
(Timken).
    \11\ Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Determination

    Because there is now a final court decision with respect to this 
litigation, the Department is amending the Wind Towers Final 
Determination with respect to the CS Wind Group's dumping margin and 
cash deposit rate. The revised dumping margin and cash deposit rate for 
this exporter/producer combination is 0.00 percent.\12\
---------------------------------------------------------------------------

    \12\ See Final Third Redetermination.

------------------------------------------------------------------------
                                                           Estimated
                                                       weighted-average
           Producer                   Exporter          dumping margin
                                                           (percent)
------------------------------------------------------------------------
CS Wind Group................  CS Wind Group........               0.00
------------------------------------------------------------------------

Partial Exclusion From the Antidumping Duty Order and Partial 
Discontinuation of the Antidumping Duty Administrative Review

    Pursuant to sections 735(c)(2) of the Act, ``the investigation 
shall be terminated upon publication of that negative determination'' 
and the Department shall ``terminate the suspension of liquidation'' 
and ``release any bond or other security, and refund any cash 
deposit.'' See Sections 735(c)(2)(A) and (B) of the Act. As a result of 
this amended final determination, in which the Department calculated a 
weighted-average dumping margin of 0.00 percent for CS Wind Group, the 
Department is hereby excluding merchandise from the following producer/
exporter chain from the antidumping duty order:
    Producer: CS Wind Group.
    Exporter: CS Wind Group.
    Accordingly, the Department will direct U.S. Customs and Border 
Protection (CBP) to release any bonds or other security and refund cash 
deposits. This exclusion does not apply to merchandise produced by CS 
Wind Group and exported by any other company. Therefore, resellers of 
merchandise produced, or produced and exported by CS Wind Group, are 
not entitled to the exclusion. Similarly, the exclusion does not apply 
to merchandise produced by any other company and exported by CS Wind 
Group.
    We note, however, that pursuant to Timken, the suspension of 
liquidation must continue during the pendency of the appeals process. 
Thus, at this time we will instruct CBP to continue the suspension of 
liquidation at a cash deposit rate of 0.00 percent for entries produced 
and exported by CS Wind Group until otherwise instructed and to release 
any bond or other security that CS Wind Group made pursuant to the 
Final Third Redetermination. If the CIT's ruling is not appealed, or if 
appealed and upheld, the Department will instruct CBP to terminate the 
suspension of liquidation and to liquidate entries produced and 
exported by CS Wind Group without regard to antidumping duties. As a 
result of the exclusion, the Department will not initiate any new 
administrative reviews of the antidumping duty order with respect to 
merchandise produced and exported by CS Wind Group. The review will 
continue with regard to merchandise produced by CS Wind Group and 
exported by another company or produced by any other company and 
exported by CS Wind Group.
    Finally, we note that, at this time, the Department remains 
enjoined by Court order from liquidating entries produced and/or 
exported by CS Wind Group during the period February 13, 2013, through 
January 31, 2014. These entries will remain enjoined pursuant to the 
terms of the injunction during the pendency of any appeals process.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: March 24, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2017-06254 Filed 3-28-17; 8:45 am]
 BILLING CODE 3510-DS-P