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 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publication of the notice of final results of this review for all shipments of uncoated paper from Brazil entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for companies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]


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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\
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    \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).
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    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\
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    \8\ Id.
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    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\
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    \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).
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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.
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    \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).
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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