Utility Scale Wind Towers From the People's Republic of China and the Socialist Republic of Vietnam: Continuation of Antidumping Duty Orders and Countervailing Duty Order, 22442-22443 [2019-10270]
Download as PDF
<![CDATA[
22442
Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Notices
Cash Deposit Requirements
The following cash deposit
requirements for estimated antidumping
duties will be effective upon publication
of the notice of final results of this
review for all shipments of uncoated
paper from Brazil entered, or withdrawn
from warehouse, for consumption on or
after the date of publication as provided
by section 751(a)(2) of the Act: (1) The
cash deposit rate for companies subject
to this review will be equal to the
weighted-average dumping margins
established in the final results of the
review; (2) for merchandise exported by
companies not covered in this review
but covered in a prior segment of this
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recent period; (3)
if the exporter is not a firm covered in
this review, a prior review, or the
original investigation but the producer
is, the cash deposit rate will be the rate
established for the most recently
completed segment for the producer of
the merchandise; (4) the cash deposit
rate for all other producers or exporters
will continue to be 27.11 percent, the
all-others rate established in the lessthan-fair-value investigation.12 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice 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 period
of review. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
jbell on DSK3GLQ082PROD with NOTICES
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i) of the Act
and 19 CFR 351.221(b)(4).
12 See Certain Uncoated Paper from Australia,
Brazil, Indonesia, the People’s Republic of China,
and Portugal: Amended Final Affirmative
Antidumping Determinations for Brazil and
Indonesia and Antidumping Duty Orders, 81 FR
11173 (March 3, 2016).
VerDate Sep<11>2014
17:05 May 16, 2019
Jkt 247001
Dated: May 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2019–10274 Filed 5–16–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–981, A–552–814, C–570–982]
Utility Scale Wind Towers From the
People’s Republic of China and the
Socialist Republic of Vietnam:
Continuation of Antidumping Duty
Orders and Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC)
that revocation of the antidumping duty
(AD) orders on utility scale wind towers
(wind towers) from the People’s
Republic of China (China) and the
Socialist Republic of Vietnam
(Vietnam), and revocation of the
countervailing duty (CVD) order on
wind towers from China would likely
lead to a continuation or recurrence of
dumping and countervailable subsidies,
and material injury to an industry in the
United States, Commerce is publishing
a notice of continuation of these AD
orders and the CVD order.
DATES: Applicable May 17, 2019.
FOR FURTHER INFORMATION CONTACT:
Ariela Garvett, AD/CVD Operations,
Office IV (AD) and Kristen Johnson, AD/
CVD Operations, Office III (CVD),
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3609
and (202) 482–4793, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 15, 2013, Commerce
published in the Federal Register the
AD orders on wind towers from China
and Vietnam and the CVD order on
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
wind towers from China.1 On January 2,
2018, Commerce published the
initiation of the first sunset reviews of
the Orders, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act).2 Also, on January 2, 2018, the ITC
instituted its review of the Orders.3
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).4 On February 5, 2018,
Commerce received complete and
adequate substantive responses from the
WTTC within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).5
Commerce received no substantive
response from respondent interested
parties. Pursuant to section 751(c)(3)(B)
of the Act, Commerce conducted
expedited (120-day) sunset reviews of
the Orders.6 On April 19, 2018, the ITC
published its notice to conduct a full
five-year review of the Orders.7
As a result of its reviews, Commerce
determined, pursuant to sections
751(c)(1) and 752(b) and (c) of the Act,
1 See Utility Scale Wind Towers from the People’s
Republic of China: Antidumping Duty Order, 78 FR
11146 (February 15, 2013); 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); and Utility Scale
Wind Towers from the People’s Republic of China:
Countervailing Duty Order, 78 FR 11152 (February
15, 2013) (collectively, Orders).
2 See Initiation of Five-Year (Sunset) Reviews, 83
FR 100 (January 2, 2018).
3 See Utility Scale Wind Towers from China and
Vietnam; Institution of Five-Year Reviews, 83 FR
142 (January 2, 2018).
4 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) (AD); WTTC’s Letter, ‘‘Utility Scale Wind
Towers from the Socialist Republic of Vietnam:
Notice of Intent to Participate in Sunset Review,’’
(January 17, 2018) (AD); and 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) (CVD).
5 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) (AD); 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)
(AD); and 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) (CVD).
6 See 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, 83 FR 19220
(May 2, 2018); and Utility Scale Wind Towers from
the People’s Republic of China: Final Results of the
Expedited First Sunset Review of the
Countervailing Duty Order, 83 FR 22960 (May 17,
2018).
7 See Utility Scale Wind Towers from China and
Vietnam; Notice of Commission Determination to
Conduct Full Five-Year Reviews, 83 FR 17446 (April
19, 2018).
E:\FR\FM\17MYN1.SGM
17MYN1
jbell on DSK3GLQ082PROD with NOTICES
Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Notices
that revocation of the Orders on wind
towers from China and Vietnam would
likely lead to continuation or recurrence
of dumping and countervailable
subsidies. Commerce, therefore, notified
the ITC of the magnitude of the margins
of dumping and net countervailable
subsidy rates likely to prevail should
these Orders be revoked, in accordance
with sections 752(b)(3) and (c)(3) of the
Act.8
On May 8, 2019, the ITC published its
determination that revocation of the
Orders would likely lead to a
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time, pursuant to sections 751(c) and
752(a) of the Act.9
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 10 or 8502.31.0000.11 Prior
to 2011, merchandise covered by the
Orders 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
subject merchandise is dispositive.
Scope of the Orders
The merchandise covered by the
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 rotor blades, regardless
of whether they are attached to the wind
tower. Also excluded are any internal or
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to a
continuation or recurrence of dumping
and countervailable subsidies and
material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act and 19 CFR
351.218(a), Commerce hereby orders the
continuation of these Orders on wind
towers from China and Vietnam. U.S.
Customs and Border Protection will
continue to collect AD and CVD cash
deposits at the rates in effect at the time
of entry for all imports of subject
merchandise.
The effective date of the continuation
of these Orders will be the date of
publication in the Federal Register of
this notice of continuation. Pursuant to
section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to
initiate the next five-year (sunset)
reviews of these Orders not later than 30
days prior to the fifth anniversary of the
effective date of continuation.
These five-year sunset reviews and
this notice are in accordance with
section 751(c) of the Act and published
pursuant to section 777(i)(1) of the Act
and 19 CFR 351.218(f)(4).
8 Id.
9 See Utility Scale Wind Towers from China and
Vietnam; Determinations, 84 FR 20164 (May 8,
2019); see also Utility Scale Wind Towers from
China and Vietnam: Investigation Nos. 701–TA–486
and 731–TA–1195–1196 (Review), USITC
Publication 4888 (April 2019).
VerDate Sep<11>2014
17:05 May 16, 2019
Jkt 247001
Continuation of the Orders
Dated: May 9, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–10270 Filed 5–16–19; 8:45 am]
BILLING CODE 3510–DS–P
10 Wind towers are classified under HTSUS
7308.20.0020 when imported as a tower or tower
section(s) alone.
11 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).
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
22443
DEPARTMENT OF COMMERCE
International Trade Administration
[A–433–813]
Strontium Chromate From Austria:
Preliminary Determination of Sales at
Not Less Than Fair Value and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that strontium chromate from Austria is
not being, or is not likely to be, sold in
the United States at less than fair value
(LTFV) for the period of investigation
(POI) July 1, 2017, through June 30,
2018. Interested parties are invited to
comment on this preliminary
determination.
DATES: Applicable May 17, 2019.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Jaron Moore, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1766 or (202) 482–3640,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on October 2, 2018.1 Commerce
exercised its discretion to toll all
deadlines affected by the partial federal
government closure from December 22,
2018, through the resumption of
operations on January 29, 2019.2 On
March 11, 2019, Commerce postponed
the preliminary determination of this
investigation until May 13, 2019.3
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
1 See Strontium Chromate from Austria and
France: Initiation of Less-Than-Fair-Value
Investigations, 83 FR 49543 (October 2, 2018)
(Initiation Notice).
2 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
3 See Strontium Chromate from Austria and
France: Postponement of Preliminary
Determinations of Antidumping Duty
Investigations, 84 FR 8669 (March 11, 2019).
E:\FR\FM\17MYN1.SGM
17MYN1
]]>Agencies
[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Notices]
[Pages 22442-22443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10270]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-981, A-552-814, C-570-982]
Utility Scale Wind Towers From the People's Republic of China and
the Socialist Republic of Vietnam: Continuation of Antidumping Duty
Orders and Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC) that
revocation of the antidumping duty (AD) orders on utility scale wind
towers (wind towers) from the People's Republic of China (China) and
the Socialist Republic of Vietnam (Vietnam), and revocation of the
countervailing duty (CVD) order on wind towers from China would likely
lead to a continuation or recurrence of dumping and countervailable
subsidies, and material injury to an industry in the United States,
Commerce is publishing a notice of continuation of these AD orders and
the CVD order.
DATES: Applicable May 17, 2019.
FOR FURTHER INFORMATION CONTACT: Ariela Garvett, AD/CVD Operations,
Office IV (AD) and Kristen Johnson, AD/CVD Operations, Office III
(CVD), Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-3609 and (202) 482-4793, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 15, 2013, Commerce published in the Federal Register
the AD orders on wind towers from China and Vietnam and the CVD order
on wind towers from China.\1\ On January 2, 2018, Commerce published
the initiation of the first sunset reviews of the Orders, pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\
Also, on January 2, 2018, the ITC instituted its review of the
Orders.\3\ 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).\4\ On February 5, 2018, Commerce received complete
and adequate substantive responses from the WTTC within the 30-day
deadline specified in 19 CFR 351.218(d)(3)(i).\5\ Commerce received no
substantive response from respondent interested parties. Pursuant to
section 751(c)(3)(B) of the Act, Commerce conducted expedited (120-day)
sunset reviews of the Orders.\6\ On April 19, 2018, the ITC published
its notice to conduct a full five-year review of the Orders.\7\
---------------------------------------------------------------------------
\1\ See Utility Scale Wind Towers from the People's Republic of
China: Antidumping Duty Order, 78 FR 11146 (February 15, 2013);
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); and Utility
Scale Wind Towers from the People's Republic of China:
Countervailing Duty Order, 78 FR 11152 (February 15, 2013)
(collectively, Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 100
(January 2, 2018).
\3\ See Utility Scale Wind Towers from China and Vietnam;
Institution of Five-Year Reviews, 83 FR 142 (January 2, 2018).
\4\ 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) (AD); WTTC's Letter, ``Utility
Scale Wind Towers from the Socialist Republic of Vietnam: Notice of
Intent to Participate in Sunset Review,'' (January 17, 2018) (AD);
and 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) (CVD).
\5\ 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) (AD); 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) (AD); and 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) (CVD).
\6\ See 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, 83 FR
19220 (May 2, 2018); and Utility Scale Wind Towers from the People's
Republic of China: Final Results of the Expedited First Sunset
Review of the Countervailing Duty Order, 83 FR 22960 (May 17, 2018).
\7\ See Utility Scale Wind Towers from China and Vietnam; Notice
of Commission Determination to Conduct Full Five-Year Reviews, 83 FR
17446 (April 19, 2018).
---------------------------------------------------------------------------
As a result of its reviews, Commerce determined, pursuant to
sections 751(c)(1) and 752(b) and (c) of the Act,
[[Page 22443]]
that revocation of the Orders on wind towers from China and Vietnam
would likely lead to continuation or recurrence of dumping and
countervailable subsidies. Commerce, therefore, notified the ITC of the
magnitude of the margins of dumping and net countervailable subsidy
rates likely to prevail should these Orders be revoked, in accordance
with sections 752(b)(3) and (c)(3) of the Act.\8\
---------------------------------------------------------------------------
\8\ Id.
---------------------------------------------------------------------------
On May 8, 2019, the ITC published its determination that revocation
of the Orders would likely lead to a continuation or recurrence of
material injury to an industry in the United States within a reasonably
foreseeable time, pursuant to sections 751(c) and 752(a) of the Act.\9\
---------------------------------------------------------------------------
\9\ See Utility Scale Wind Towers from China and Vietnam;
Determinations, 84 FR 20164 (May 8, 2019); see also Utility Scale
Wind Towers from China and Vietnam: Investigation Nos. 701-TA-486
and 731-TA-1195-1196 (Review), USITC Publication 4888 (April 2019).
---------------------------------------------------------------------------
Scope of the Orders
The merchandise covered by the 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 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 Orders is currently classified in the
Harmonized Tariff System of the United States (HTSUS) under subheadings
7308.20.0020 \10\ or 8502.31.0000.\11\ Prior to 2011, merchandise
covered by the Orders 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 subject merchandise is dispositive.
---------------------------------------------------------------------------
\10\ Wind towers are classified under HTSUS 7308.20.0020 when
imported as a tower or tower section(s) alone.
\11\ 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).
---------------------------------------------------------------------------
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to a continuation or
recurrence of dumping and countervailable subsidies and material injury
to an industry in the United States, pursuant to section 751(d)(2) of
the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation
of these Orders on wind towers from China and Vietnam. U.S. Customs and
Border Protection will continue to collect AD and CVD cash deposits at
the rates in effect at the time of entry for all imports of subject
merchandise.
The effective date of the continuation of these Orders will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year (sunset)
reviews of these Orders not later than 30 days prior to the fifth
anniversary of the effective date of continuation.
These five-year sunset reviews and this notice are in accordance
with section 751(c) of the Act and published pursuant to section
777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: May 9, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-10270 Filed 5-16-19; 8:45 am]
BILLING CODE 3510-DS-P
