Utility Scale Wind Towers From the People's Republic of China and the Socialist Republic of Vietnam: Final Results of Expedited First Sunset Reviews of Antidumping Duty Orders, 19220-19221 [2018-09312]

Download as PDF 19220 Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices selected companies.7 The revised net subsidies rates are provided below. Amended Final Results As result of correcting the ministerial errors, we determine that that the countervailable subsidy rates for the producers/exporters under review to be as follows: Subsidy rate (percent ad valorem) Company GITI Tire Global Trading Pte. Ltd./GITI Tire (USA) Ltd./GITI Radial Tire (Anhui) Company Ltd. (GITI Anhui Radial)/ GITI Tire (Fujian) Company Ltd (GITI Fujian)/GITI Tire (Hualin) Company Ltd. (GITI Hualin) (collectively, GITI) ........ Cooper (Kunshan) Tire Co., Ltd. (Cooper) .......................................................................................................................... Zhongce Rubber Group Company Limited ......................................................................................................................... Non-Selected Companies Under Review ............................................................................................................................ Assessment Rates Commerce intends to issue assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of these amended final results of review, to liquidate shipments of subject merchandise entered, or withdrawn from warehouse, for consumption, on or after December 1, 2014, through December 31, 2015, at the ad valorem rates listed above. Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties, in the amounts shown above for the companies listed above on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after March 16, 2018, the date of publication of the Final Results. For all non-reviewed firms, we will instruct CBP to collect cash deposits at the most-recent company specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice. daltland on DSKBBV9HB2PROD with NOTICES Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the 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. 7 Id. at 8. Because we relied on GITI’s and Cooper’s subsidy rates to calculate the rate for nonselected companies under review, we are revising the rate for non-selected companies under review in these amended final results. 1 See Utility Scale Wind Towers from the People’s Republic of China: Antidumping Duty Order, 78 FR 11146 (February 15, 2013); and Utility Scale Wind Towers from the Socialist Republic of Vietnam: Amended Final Determination of Sales at Less VerDate Sep<11>2014 22:14 May 01, 2018 Jkt 244001 Disclosure We intend to disclose the calculations performed for these amended final results to interested parties within five business days of the date of the publication of this notice in accordance with 19 CFR 351.224(b). We are issuing and publishing these results in accordance with sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e). 15.75 15.10 114.48 15.53 Results of Review’’ section of this notice. DATES: Applicable May 2, 2018. FOR FURTHER INFORMATION CONTACT: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of these sunset reviews, the Department of Commerce (Commerce) finds that revocation of the antidumping duty orders on utility scale wind towers (wind towers) from the People’s Republic of China (China) and the Socialist Republic of Vietnam (Vietnam) would be likely to lead to continuation or recurrence of dumping at the level identified in the ‘‘Final Ariela Garvett, 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) 482–3609. SUPPLEMENTARY INFORMATION: On February 15, 2013, Commerce published the antidumping duty orders on wind towers from China and Vietnam.1 On January 2, 2018, Commerce published the initiation of the first sunset review of the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On January 17, 2018, Commerce received timely notices of intent to participate in these reviews from the Wind Tower Trade Coalition (WTTC), a domestic interested party, within the deadline specified in 19 CFR 351.218(d)(1)(i).3 WTTC claimed interested party status under section 771(9)(C) and (F) of the Act as a coalition of manufacturers in the United States of a domestic like product. On February 5, 2018, Commerce received complete and adequate substantive responses from WTTC within 30-day deadline specified in 19 CFR 351.218(d)(3)(i).4 Commerce received no substantive responses from respondent interested parties. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted expedited (120-day) sunset reviews of the AD Orders. Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 Than Fair Value and Antidumping Duty Order, 78 FR 11150 (February 15, 2013) (Orders). 2 See Initiation of Five-Year (Sunset) Reviews, 83 FR 142 (January 2, 2018). 3 See WTTC’s Letter, ‘‘Utility Scale Wind Towers from the People’s Republic of China: Notice of Intent to Participate in Sunset Review’’ (January 17, 2018). See also Letter from WTTC to Commerce, ‘‘Utility Scale Wind Towers from the Socialist Republic of Vietnam: Notice of Intent to Participate in Sunset Review,’’ (January 17, 2018). 4 See WTTC’s Letter, ‘‘Utility Scale Wind Towers from the People’s Republic of China: Substantive Response to Notice of Initiation of Sunset Review’’ (February 5, 2018). See also WTTC’s Letter, ‘‘Utility Scale Wind Towers from the Socialist Republic of Vietnam: Substantive Response to Notice of Initiation of Sunset Review’’ (February 5, 2018). Dated: April 25, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018–09285 Filed 5–1–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–981, A–552–814] Utility Scale Wind Towers From the People’s Republic of China and the Socialist Republic of Vietnam: Final Results of Expedited First Sunset Reviews of Antidumping Duty Orders AGENCY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\02MYN1.SGM 02MYN1 Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices through 22, 2018. If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. The revised deadline for the final results is now May 7, 2018.5 Scope of the Orders daltland on DSKBBV9HB2PROD with NOTICES The merchandise covered by these orders is certain wind towers, whether or not tapered, and sections thereof. Certain wind towers are designed to support the nacelle and rotor blades in a wind turbine with a minimum rated electrical power generation capacity in excess of 100 kilowatts and with a minimum height of 50 meters measured from the base of the tower to the bottom of the nacelle (i.e., where the top of the tower and nacelle are joined) when fully assembled. A wind tower section consists of, at a minimum, multiple steel plates rolled into cylindrical or conical shapes and welded together (or otherwise attached) to form a steel shell, regardless of coating, end-finish, painting, treatment, or method of manufacture, and with or without flanges, doors, or internal or external components (e.g., flooring/ decking, ladders, lifts, electrical buss boxes, electrical cabling, conduit, cable harness for nacelle generator, interior lighting, tool and storage lockers) attached to the wind tower section. Several wind tower sections are normally required to form a completed wind tower. Wind towers and sections thereof are included within the scope whether or not they are joined with nonsubject 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 roto 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 orders is currently classified in the Harmonized Tariff System of the United States (HTSUS) under subheadings 5 See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. In addition, because the deadline falls on a non-business day (i.e., the weekend), pursuant to Commerce’s practice, the deadline will become the next business day. The revised deadline is May 7, 2018. VerDate Sep<11>2014 22:14 May 01, 2018 Jkt 244001 7308.20.0020 6 or 8502.31.0000.7 Prior to 2011, merchandise covered by this review was classified in the HTSUS under subheading 7308.20.0000 and may continue to be to some degree. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the subject merchandise is dispositive. Analysis of Comments Received A complete discussion of all issues raised in these reviews, including the likelihood of continuation or recurrence of dumping in the event of revocation of the Orders and the magnitude of the margins likely to prevail if the Orders were revoked, is provided in the accompanying Issues and Decision Memorandum, which is hereby adopted by this notice.8 A list of the topics discussed in the Issues and Decision Memorandum is attached to this notice as Appendix. The Issues and 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 to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at https:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. 19221 Notification to Interested Parties This notice 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. 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 violation which is subject to sanction. We are issuing and publishing these results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, 19 CFR 351.218, and 19 CFR 351.221(c)(5)(ii). Dated: April 26, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. History of the Orders V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Dumping Margins Likely to Prevail VII. Final Results of Sunset Reviews VIII. Recommendation [FR Doc. 2018–09312 Filed 5–1–18; 8:45 am] BILLING CODE 3510–DS–P Final Results of Sunset Reviews DEPARTMENT OF COMMERCE Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the Orders would be likely to lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail would be weightedaverage margins up to 60.02 percent for China and up to 58.54 percent for Vietnam. International Trade Administration 6 Wind towers are classified under HTSUS 7308.20.0020 when imported as a tower or tower section(s) alone. 7 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). 8 See Memorandum, ‘‘Issues and Decision Memorandum for the Expedited First Sunset Reviews of the Antidumping Duty Orders on Utility Scale Wind Towers from the People’s Republic of China and the Socialist Republic of Vietnam,’’ dated concurrently with this notice (Issues and Decision Memorandum). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Review: Notice of Request for Panel Review United States Section, NAFTA Secretariat, International Trade Administration, Department of Commerce. ACTION: Notice of NAFTA Request for Panel Review in the matter of Large Residential Washers from Mexico: Final results of antidumping duty administrative review (Secretariat File Number: USA–MEX–2018–1904–04). AGENCY: A Request for Panel Review was filed on behalf of Electrolux Home Products, Inc., Electrolux Home Products Corp. N.V., and Electrolux Home Products de Mexico, S.A. de C.V. (collectively ‘‘Electrolux’’) with the SUMMARY: E:\FR\FM\02MYN1.SGM 02MYN1

Agencies

[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Notices]
[Pages 19220-19221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09312]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-981, A-552-814]


Utility Scale Wind Towers From the People's Republic of China and 
the Socialist Republic of Vietnam: Final Results of Expedited First 
Sunset Reviews of Antidumping Duty Orders

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

SUMMARY: As a result of these sunset reviews, the Department of 
Commerce (Commerce) finds that revocation of the antidumping duty 
orders on utility scale wind towers (wind towers) from the People's 
Republic of China (China) and the Socialist Republic of Vietnam 
(Vietnam) would be likely to lead to continuation or recurrence of 
dumping at the level identified in the ``Final Results of Review'' 
section of this notice.

DATES: Applicable May 2, 2018.

FOR FURTHER INFORMATION CONTACT: Ariela Garvett, 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) 482-3609.

SUPPLEMENTARY INFORMATION: On February 15, 2013, Commerce published the 
antidumping duty orders on wind towers from China and Vietnam.\1\ On 
January 2, 2018, Commerce published the initiation of the first sunset 
review of the Orders, pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act).\2\ On January 17, 2018, Commerce received 
timely notices of intent to participate in these reviews from the Wind 
Tower Trade Coalition (WTTC), a domestic interested party, within the 
deadline specified in 19 CFR 351.218(d)(1)(i).\3\ WTTC claimed 
interested party status under section 771(9)(C) and (F) of the Act as a 
coalition of manufacturers in the United States of a domestic like 
product. On February 5, 2018, Commerce received complete and adequate 
substantive responses from WTTC within 30-day deadline specified in 19 
CFR 351.218(d)(3)(i).\4\ Commerce received no substantive responses 
from respondent interested parties. As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted expedited (120-day) sunset reviews of the AD Orders. Commerce 
exercised its discretion to toll all deadlines affected by the closure 
of the Federal Government from January 20

[[Page 19221]]

through 22, 2018. If the new deadline falls on a non-business day, in 
accordance with Commerce's practice, the deadline will become the next 
business day. The revised deadline for the final results is now May 7, 
2018.\5\
---------------------------------------------------------------------------

    \1\ See Utility Scale Wind Towers from the People's Republic of 
China: Antidumping Duty Order, 78 FR 11146 (February 15, 2013); and 
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) (Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 142 
(January 2, 2018).
    \3\ See WTTC's Letter, ``Utility Scale Wind Towers from the 
People's Republic of China: Notice of Intent to Participate in 
Sunset Review'' (January 17, 2018). See also Letter from WTTC to 
Commerce, ``Utility Scale Wind Towers from the Socialist Republic of 
Vietnam: Notice of Intent to Participate in Sunset Review,'' 
(January 17, 2018).
    \4\ See WTTC's Letter, ``Utility Scale Wind Towers from the 
People's Republic of China: Substantive Response to Notice of 
Initiation of Sunset Review'' (February 5, 2018). See also WTTC's 
Letter, ``Utility Scale Wind Towers from the Socialist Republic of 
Vietnam: Substantive Response to Notice of Initiation of Sunset 
Review'' (February 5, 2018).
    \5\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days. In addition, because the deadline falls on a 
non-business day (i.e., the weekend), pursuant to Commerce's 
practice, the deadline will become the next business day. The 
revised deadline is May 7, 2018.
---------------------------------------------------------------------------

Scope of the Orders

    The merchandise covered by these orders is certain wind towers, 
whether or not tapered, and sections thereof. Certain wind towers are 
designed to support the nacelle and rotor blades in a wind turbine with 
a minimum rated electrical power generation capacity in excess of 100 
kilowatts and with a minimum height of 50 meters measured from the base 
of the tower to the bottom of the nacelle (i.e., where the top of the 
tower and nacelle are joined) when fully assembled.
    A wind tower section consists of, at a minimum, multiple steel 
plates rolled into cylindrical or conical shapes and welded together 
(or otherwise attached) to form a steel shell, regardless of coating, 
end-finish, painting, treatment, or method of manufacture, and with or 
without flanges, doors, or internal or external components (e.g., 
flooring/decking, ladders, lifts, electrical buss boxes, electrical 
cabling, conduit, cable harness for nacelle generator, interior 
lighting, tool and storage lockers) attached to the wind tower section. 
Several wind tower sections are normally required to form a completed 
wind tower.
    Wind towers and sections thereof are included within the scope 
whether or not they are joined with nonsubject 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 roto 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 orders is currently classified in the 
Harmonized Tariff System of the United States (HTSUS) under subheadings 
7308.20.0020 \6\ or 8502.31.0000.\7\ Prior to 2011, merchandise covered 
by this review was classified in the HTSUS under subheading 
7308.20.0000 and may continue to be to some degree. While HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the subject merchandise is dispositive.
---------------------------------------------------------------------------

    \6\ Wind towers are classified under HTSUS 7308.20.0020 when 
imported as a tower or tower section(s) alone.
    \7\ 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).
---------------------------------------------------------------------------

Analysis of Comments Received

    A complete discussion of all issues raised in these reviews, 
including the likelihood of continuation or recurrence of dumping in 
the event of revocation of the Orders and the magnitude of the margins 
likely to prevail if the Orders were revoked, is provided in the 
accompanying Issues and Decision Memorandum, which is hereby adopted by 
this notice.\8\ A list of the topics discussed in the Issues and 
Decision Memorandum is attached to this notice as Appendix. The Issues 
and 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 
to all parties in the Central Records Unit, Room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the internet 
at https://enforcement.trade.gov/frn/. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \8\ See Memorandum, ``Issues and Decision Memorandum for the 
Expedited First Sunset Reviews of the Antidumping Duty Orders on 
Utility Scale Wind Towers from the People's Republic of China and 
the Socialist Republic of Vietnam,'' dated concurrently with this 
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Final Results of Sunset Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Orders would be likely to 
lead to continuation or recurrence of dumping, and that the magnitude 
of the dumping margins likely to prevail would be weighted-average 
margins up to 60.02 percent for China and up to 58.54 percent for 
Vietnam.

Notification to Interested Parties

    This notice 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. 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 violation which 
is subject to sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, 19 
CFR 351.218, and 19 CFR 351.221(c)(5)(ii).

    Dated: April 26, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Dumping Margins Likely to Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation

[FR Doc. 2018-09312 Filed 5-1-18; 8:45 am]
 BILLING CODE 3510-DS-P