Utility Scale Wind Towers From the Socialist Republic of Vietnam: Preliminary Determination of No Shipments, and Preliminary Partial Rescission of Antidumping Duty Administrative Review; 2016-2017, 51386-51387 [2017-24080]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Notices]
[Pages 51386-51387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24080]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-814]


Utility Scale Wind Towers From the Socialist Republic of Vietnam: 
Preliminary Determination of No Shipments, and Preliminary Partial 
Rescission of Antidumping Duty Administrative Review; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on utility scale 
wind towers (wind towers) from the Socialist Republic of Vietnam 
(Vietnam). This review covers respondent CS Wind Group. The period of 
review (POR) is February 1, 2016, through January 31, 2017. We 
preliminarily find no evidence of any shipments of subject merchandise 
by CS Wind Group during the POR, and are therefore issuing a 
preliminary no shipments determination.

DATES: Applicable November 6, 2017.

FOR FURTHER INFORMATION CONTACT: Trisha Tran, AD/CVD Operations, 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:

Scope of the Order

    The merchandise covered by this order are certain wind towers, 
whether or not tapered, and 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 \1\ or 
8502.31.0000.\2\ Prior to 2011, merchandise covered by the order was 
classified in the HTSUS under subheading 7308.20.0000. While the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope of the order is dispositive. A full 
description of the scope of the order is contained in the Preliminary 
Decision Memorandum, which is hereby adopted by this notice.\3\
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    \1\ Wind towers are classified under HTSUS 7308.20.0020 when 
imported as a tower or tower section(s) alone.
    \2\ 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).
    \3\ For a full description of the scope of the order, see 
Memorandum ``Decision Memorandum for the Preliminary Results of the 
2016-2017 Antidumping Duty Administrative Review of Utility Scale 
Wind Towers from the Socialist Republic of Vietnam'' (Preliminary 
Decision Memorandum), dated concurrently with this notice.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). For a full 
description of the methodology underlying our conclusions, see 
Preliminary Decision Memorandum. The Preliminary Decision Memorandum is 
a public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov and in the Central Records Unit, Room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
on the Internet at https://enforcement.trade.gov/frn/. The 
signed Preliminary Decision Memorandum is identical in content.

Preliminary Partial Rescission of Antidumping Duty Administrative 
Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if a party that requested 
the review withdraws its request within 90 days of the date of 
publication of the notice of initiation of the requested review. The 
petitioner, Wind Tower Trade Coalition, timely withdrew its requests 
for an administrative review of Vina Halla Heavy Industries Ltd. and 
UBI Tower Sole Member Company Ltd. within 90 days of the Initiation 
Notice \4\ of this review.\5\ Accordingly, the Department is rescinding 
this review with respect to these two companies and the remaining 
entries subject to the instant review are of wind towers produced in 
Vietnam with respect to the CS Wind Group where CS Wind Group was (1) 
the producer but not the exporter, or (2) the exporter but not the 
producer.\6\
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    \4\ Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 17188 (April 10, 2017) (Initiation 
Notice).
    \5\ Letter from the petitioner, ``Utility Scale Wind Towers from 
the Socialist Republic of Vietnam: Withdrawal of Administrative 
Review Request and Response to CS Wind's No Shipment Letter,'' dated 
June 5, 2017.
    \6\ Utility Scale Wind Towers from the Socialist Republic of 
Vietnam: Notice of Amended Initiation of Antidumping Duty 
Administrative Review; 2016-2017, 82 FR 24943 (May 31, 2017).
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Preliminary Determination of No Shipments

    Based on information CS Wind Group submitted after the initiation 
of this administrative review, and due to the fact that we have not 
received any information from U.S. Customs and Border Protection (CBP) 
indicating that CS Wind Group had entries where CS Wind Group was (1) 
the producer but not the exporter, or (2) the exporter but not the 
producer during the POR, the Department has preliminarily determined 
that the record evidence indicates that CS Wind Group had no shipments 
of subject merchandise during the POR.\7\
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    \7\ See Letter from CS Wind Group, ``No Shipment Letter for CS 
Wind Group: Fourth Administrative Review of the Antidumping Duty 
Order on Utility Scale Wind Towers from Vietnam,'' dated June 1, 
2017; see also Letter from Department, ``Antidumping Duty 
Administrative Review of Utility Scale Wind Towers from the 
Socialist Republic of Vietnam for 2/1/16-1/31/17: Results of U.S. 
Customs and Border Protection Database Query,'' dated April 27, 
2017.

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[[Page 51387]]

    Consistent with an announced refinement to its assessment practice 
in non-market economy cases, the Department is not rescinding this 
review but intends to complete the review with respect to CS Wind Group 
for which it has preliminarily found no shipments and issue appropriate 
instructions to CBP based on the final results of the review.\8\
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    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and 
the ``Assessment Rates'' section, below.
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Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\9\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review. For entries of subject merchandise during the 
POR produced but not exported or exported but not produced by CS Wind 
Group, we will instruct CBP to liquidate unreviewed entries at the 
Vietnam-wide rate if there was no rate for the intermediate company or 
companies involved in the transaction.\10\ For entries of subject 
merchandise during the POR produced and exported by CS Wind Group, 
these entries continue to be excluded from the order and will remain 
enjoined pursuant to the terms of the injunction during the pendency of 
any appeals process.\11\
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    \9\ See 19 CFR 351.212(b)(1).
    \10\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \11\ See 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, 82 FR 15493 (March 29, 
2017) (Timken Notice).
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    Additionally, for the companies for which this review is rescinded, 
antidumping duties shall be assessed at rates equal to the cash deposit 
of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(l)(i). The Department intends to issue appropriate 
assessment instructions to CBP 15 days after publication of this 
notice.

Disclosure and Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice.\12\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\13\ Parties who submit case briefs or rebuttal briefs in 
this proceeding are encouraged to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\14\ Case and rebuttal briefs should be filed 
using ACCESS.\15\ In order to be properly filed, ACCESS must 
successfully receive an electronically-filed document in its entirety 
by 5 p.m. Eastern Time on the date on which it is due.
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    \12\ See 19 CFR 351.309(c)(ii).
    \13\ See 19 CFR 351.309(d).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
    \15\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS, within 30 days after the 
date of publication of this notice.\16\ Requests should contain: (1) 
The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the respective case 
briefs.
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    \16\ See 19 CFR 351.310(c).
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    The Department intends to issue the final results of this 
administrative review, including the results of its analysis of the 
issues raised in any written briefs, not later than 120 days after the 
date of publication of this notice, unless extended, pursuant to 
section 751(a)(3)(A) of the Act.

Notification to Importers

    This notice also serves as a preliminary 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 antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: October 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-24080 Filed 11-3-17; 8:45 am]
 BILLING CODE 3510-DS-P