Utility Scale Wind Towers From Canada: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 68126-68128 [2019-26945]
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68126
Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Notices
surface of the product; (3) at least some of the
individual pieces of crushed glass that are
visible across the surface are larger than 1
centimeter wide as measured at their widest
cross-section (Glass Pieces); and (4) the
distance between any single Glass Piece and
the closest separate Glass Piece does not
exceed three inches.
The products subject to the scope are
currently classified in the Harmonized Tariff
Schedule of the United States (HTSUS) under
the following subheading: 6810.99.0010.
Subject merchandise may also enter under
subheadings 6810.11.0010, 6810.11.0070,
6810.19.1200, 6810.19.1400, 6810.19.5000,
6810.91.0000, 6810.99.0080, 6815.99.4070,
2506.10.0010, 2506.10.0050, 2506.20.0010,
2506.20.0080, and 7016.90.1050. The HTSUS
subheadings set forth above are provided for
convenience and U.S. Customs purposes
only. The written description of the scope is
dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Postponement of Final Determination and
Extension of Provisional Measures
VI. Single Entity Analysis
VII. Discussion of the Methodology
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Normal Value
XII. Negative Preliminary Determination of
Critical Circumstances
XIII. Currency Conversion
XIV. Adjustment to Cash Deposit Rates for
Export Subsidies in Companion
Countervailing Duty Investigation
XV. Recommendation
[FR Doc. 2019–26819 Filed 12–12–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–122–868]
Utility Scale Wind Towers From
Canada: Preliminary Affirmative
Countervailing Duty Determination,
and Alignment of Final Determination
With Final Antidumping Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
utility scale wind towers (wind towers)
from Canada. The period of
investigation is January 1, 2018 through
December 31, 2018. Interested parties
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AGENCY:
VerDate Sep<11>2014
17:42 Dec 12, 2019
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are invited to comment on this
preliminary determination.
DATES:
Applicable December 13, 2019.
FOR FURTHER INFORMATION CONTACT:
Tyler Weinhold, Moses Song, and
Yasmin Bordas, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1121,
(202) 482–7885, and (202) 482–3813,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on August 6, 2019.1 On September 13,
2019, in accordance with section
703(c)(1)(A) of the Act and 19 CFR
351.205(b)(2), Commerce published its
postponement of the deadline for the
preliminary determination of the
investigation, and the revised deadline
is now December 6, 2019.2 For a
complete description of the events that
followed the initiation of this
investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. 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 to all parties in the
Central Records Unit, Room B8024 of
the main Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the
Preliminary Decision Memorandum are
identical in content.
1 See Utility Scale Wind Towers from Canada,
Indonesia, and the Socialist Republic of Vietnam:
Initiation of Countervailing Duty Investigations, 84
FR 38216 (August 6, 2019) (Initiation Notice).
2 See Utility Scale Wind Towers From Canada,
Indonesia, and the Socialist Republic of Vietnam:
Postponement of Preliminary Determinations of
Countervailing Duty Investigations, 84 FR 48329
(September 13, 2019).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination of the
Countervailing Duty Investigation of Utility Scale
Wind Towers from Canada,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Fmt 4703
Sfmt 4703
Scope of the Investigation
The products covered by this
investigation are wind towers from
Canada. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 No interested
party commented on the scope of the
investigation as it appeared in the
Initiation Notice. Accordingly,
Commerce is preliminarily not
modifying the scope language as it
appeared in the Initiation Notice. See
Appendix I.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.6
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final countervailing duty (CVD)
determination in this investigation with
the final determination in the
companion antidumping duty (AD)
investigation of wind towers from
Canada based on a request made by the
Wind Tower Trade Coalition (the
petitioner).7 Consequently, the final
CVD determination will be issued on
the same date as the final AD
determination, which is currently
scheduled to be issued no later than
April 20, 2020, unless postponed.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
5 See Initiation Notice, 84 FR at 38217.
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; see also section
771(5)(E) of the Act regarding benefit; and section
771(5A) of the Act regarding specificity.
7 See Petitioner’s Letter, ‘‘Utility Scale Wind
Towers from Canada: Request to Align
Countervailing Duty Investigation Final
Determination with Antidumping Duty
Investigation Final Determination,’’ dated
November 27, 2019.
E:\FR\FM\13DEN1.SGM
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Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Notices
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for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely on facts otherwise available, as
outlined under section 776 of the Act.
In this investigation, Commerce
calculated an individually-estimated
countervailable subsidy rate for the
mandatory respondent, Marmen Inc.,
Marmen E´nergie Inc., and Gestion
Marmen Inc. (collectively, Marmen),
that is not zero, de minimis, or based
entirely on facts otherwise available.
Because Marmen is the only mandatory
respondent in this investigation and its
individually-calculated rate is not zero,
de minimis, or determined entirely
under section 776 of the Act, Commerce
has assigned Marmen’s rate as the
estimated all-others rate.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline for submitting case briefs.8
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation 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.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Preliminary Determination
Secretary for Enforcement and
Commerce preliminarily determines
Compliance, U.S. Department of
that the following estimated
Commerce, within 30 days after the date
countervailable subsidy rates exist:
of publication of this notice. Requests
should contain the party’s name,
Subsidy
address and telephone number, the
Exporter/producer
rate
number of participants, whether any
(percent)
participant is a foreign national, and a
´
Marmen Inc., Marmen Energie
list of the issues to be discussed. If a
Inc., and Gestion Marmen Inc
1.09
request for a hearing is made, Commerce
All Others ....................................
1.09
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Suspension of Liquidation
Constitution Avenue NW, Washington,
In accordance with sections
DC 20230, at a time and date to be
703(d)(1)(B) and (d)(2) of the Act,
determined. Parties should confirm by
Commerce will direct U.S. Customs and telephone the date, time, and location of
Border Protection (CBP) to suspend
the hearing two days before the
liquidation of entries of subject
scheduled date.
merchandise, as described in the scope
of the investigation section, entered, or
International Trade Commission (ITC)
withdrawn from warehouse, for
Notification
consumption on or after the date of
In accordance with section 703(f) of
publication of this notice in the Federal
the Act, Commerce will notify the ITC
Register. Further, pursuant to section
of its determination. Pursuant to
703(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP 705(b)(2) of the Act, if the final
to require a cash deposit equal to the
determination is affirmative, the ITC
rates indicated above.
will determine before the later of 120
days after the date of this preliminary
Disclosure
determination or 45 days after the final
Commerce intends to disclose its
determination whether imports of the
calculations and analysis performed to
subject merchandise are materially
interested parties in this preliminary
injuring, or threaten material injury to,
determination within five days of its
the U.S. industry.
public announcement, or if there is no
public announcement, within five days
Notification to Interested Parties
of the date of this notice in accordance
This determination is issued and
with 19 CFR 351.224(b).
published pursuant to sections 703(f)
Verification
and 777(i) of the Act and 19 CFR
As provided in section 782(i)(1) of the 351.205(c).
Act, Commerce intends to verify the
information relied upon in making its
8 See 19 CFR 351.309; see also 19 CFR 351.303
final determination.
(for general filing requirements).
VerDate Sep<11>2014
17:42 Dec 12, 2019
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Fmt 4703
Sfmt 4703
68127
Dated: December 6, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
The merchandise covered by these
investigations consists of certain wind
towers, whether or not tapered, and sections
thereof. Certain wind towers 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 non-subject
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, unless those
components are shipped with the tower
sections.
Further, excluded from the scope of the
antidumping duty investigations are any
products covered by the existing
antidumping duty order on utility scale wind
towers from the Socialist Republic of
Vietnam. See 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).
Merchandise covered by these
investigations is currently classified in the
Harmonized Tariff Schedule of the United
States (HTSUS) under subheading
7308.20.0020 or 8502.31.0000. Wind towers
of iron or steel are classified under HTSUS
7308.20.0020 when imported separately as a
tower or tower section(s). Wind towers may
be classified under HTSUS 8502.31.0000
when imported as combination goods with a
wind turbine (i.e., accompanying nacelles
and/or rotor blades). While the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of the investigations
is dispositive.
E:\FR\FM\13DEN1.SGM
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68128
Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Notices
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Injury Test
V. Subsidies Valuation
VI. Analysis of Programs
VII. Recommendation
SUPPLEMENTARY INFORMATION:
[FR Doc. 2019–26945 Filed 12–12–19; 8:45 am]
I. Background
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket No. 191126–0092]
Request for Information Regarding the
Interagency Edison System for
Reporting Federally Funded Inventions
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice; Request for Information
(RFI).
AGENCY:
The National Institute of
Standards and Technology (NIST) has
been delegated responsibility by the
Secretary of Commerce to promulgate
regulations concerning the management
and licensing of federally funded
inventions. Under the Lab-to-Market
Cross Agency Priority (CAP) goal co-led
with the White House’s Office of
Science and Technology Policy (OSTP),
NIST is initiating an effort to advance
the President’s Management Agenda
and modernize government for the 21st
century by assuming the responsibility
for and rebuilding the Interagency
Edison (iEdison) system for reporting
extramural inventions created with
federal funding. NIST requests
information from the public regarding
the current state of the iEdison system,
including, but not limited to, specific
challenges and recommended
improvements. The information
received in response to this RFI will
inform NIST in developing a redesigned
iEdison.
DATES: Comments must be received by
5:00 p.m. Eastern time on January 27,
2020. Written comments in response to
the RFI should be submitted according
to the instructions in the
SUPPLEMENTARY INFORMATION section
below. Submissions received after that
date will be considered to the extent
practicable.
ADDRESSES: Electronic comments
regarding the RFI should be addressed
to Dr. Courtney Silverthorn by email to
courtney.silverthorn@nist.gov.
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SUMMARY:
VerDate Sep<11>2014
17:42 Dec 12, 2019
Dr.
Courtney Silverthorn, Deputy Director,
Technology Partnerships Office,
National Institute of Standards and
Technology, Technology Partnerships
Office, 100 Bureau Drive, MS 2200,
Gaithersburg, MD 20899, 301–975–4189,
or by email to courtney.silverthorn@
nist.gov.
FOR FURTHER INFORMATION CONTACT:
Jkt 250001
The Federal Government invests
approximately $100B each year in
extramural research and development at
universities, non-profits, and small and
large businesses.1 This results in the
creation of thousands of inventions
annually, which are required to be
reported to the funding agency.2 Many
agencies use the Interagency Edison
(iEdison) system,3 a web-based platform
that allows awardees to report federally
funded subject inventions, elect rights,
request extensions of time requirements,
request waivers, demonstrate progress,
inform the government of its limited use
rights, upload requested documents,
and perform other reporting tasks as
required by their funding agency. First
developed in 1995, the platform is
currently used by 32 funding agencies
and is hosted by the National Institutes
of Health (NIH).
A 2016 report from the National
Academies of Science 4 highlighted a
number of systemic challenges inherent
in the current iEdison platform that
have impeded data entry and reporting
compliance. The challenges described
in the report include the following
topics paraphrased below:
• Inadequate staffing and funding
• Cumbersome reporting procedures
due to (i) gated features preventing
further action if certain requirements
are left incomplete, (ii) requiring
greater data specificity than that
which is required by law, (iii)
frequent reporting over the life of
even unlicensed patents, and (iv) a
complicated document uploading
process
• Inconsistent use and reporting
requirements amongst funding
agencies
1 National Center for Science and Engineering
Statistics. Survey of Federal Funds for Research and
Development: Fiscal Years 2016–2017. Available at:
https://www.nsf.gov/statistics/srvyfedfunds/.
2 37 CFR 401.14.
3 https://public.era.nih.gov/iedison/public/
login.do.
4 National Academies of Sciences, Engineering,
and Medicine. 2016. Optimizing the Nation’s
Investment in Academic Research: A New
Regulatory Framework for the 21st Century.
Washington, DC: The National Academies Press.
https://doi.org/10.17226/21824.
PO 00000
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Comments received in response to
prior Requests for Information on
related topics such as rights to federally
funded inventions and licensing of
government owned inventions 5 as well
as federal technology transfer
authorities and processes,6 have noted
similar concerns from the public.
Addressing these challenges by
modernizing the iEdison system to
create a secure, interoperable platform
that is easy to access, analyze, and use
will help reduce administrative burdens
on awardees, while further protecting
public investment in extramural
research and development.
As part of the Lab-to-Market CAP
goal 7 to ‘‘support innovative tools and
services for technology transfer’’, NIST
and OSTP have identified a rebuild of
the iEdison system as a strategic
priority. The rebuild will address
transferring the management of iEdison
operations from NIH to NIST,
implementing Recommendation 10.1 of
the 2016 National Academies report.
NIST, to which the Secretary of
Commerce has delegated responsibility
for promulgating regulations
implementing the Bayh-Dole Act
pertaining to the management and
licensing of federally funded inventions,
is well-positioned to manage the
iEdison platform and to implement
changes on an on-going basis.
The objectives for the rebuild of the
system are to:
• Modernize the technology stack and
provide increased system security
• Re-examine and streamline the system
to align with regulatory requirements
• Improve user experience and facilitate
user compliance with reporting
requirements
• Improve the presentation of pertinent
information requiring user action
To respond to this RFI, please submit
written comments by email to Dr.
Courtney Silverthorn at
courtney.silverthorn@nist.gov in any of
the following formats: ASCII; Word;
5 ‘‘Rights to Federally Funded Inventions and
Licensing of Government Owned Inventions,’’ 81
Federal Register 78090 (7 November 2016), pp.
78090–78097. Available at: https://
www.federalregister.gov/documents/2016/11/07/
2016-25325/rights-to-federally-funded-inventionsand-licensing-of-government-owned-inventions.
6 ‘‘Request for Information Regarding Federal
Technology Transfer Authorities and Processes,’’ 83
Federal Register 19052 (1 May 2018), pp. 19052–
19054. Available at: https://
www.federalregister.gov/documents/2018/05/01/
2018-09182/request-for-information-regardingfederal-technology-transfer-authorities-andprocesses.
7 Copan, W. and Kratsios, M. (2018). Lab to
Market: Cross Agency Priority Goal Quarterly
Progress Update, September 2019. Available at:
https://www.performance.gov/CAP/action_plans/
sept_2019_Lab_to_Market.pdf.
E:\FR\FM\13DEN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Notices]
[Pages 68126-68128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26945]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-122-868]
Utility Scale Wind Towers From Canada: Preliminary Affirmative
Countervailing Duty Determination, and Alignment of Final Determination
With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of utility scale wind towers (wind towers) from Canada. The
period of investigation is January 1, 2018 through December 31, 2018.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable December 13, 2019.
FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, Moses Song, and Yasmin
Bordas, AD/CVD Operations, Office VI, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
1121, (202) 482-7885, and (202) 482-3813, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on August 6,
2019.\1\ On September 13, 2019, in accordance with section 703(c)(1)(A)
of the Act and 19 CFR 351.205(b)(2), Commerce published its
postponement of the deadline for the preliminary determination of the
investigation, and the revised deadline is now December 6, 2019.\2\ For
a complete description of the events that followed the initiation of
this investigation, see the Preliminary Decision Memorandum.\3\ A list
of topics discussed in the Preliminary Decision Memorandum is included
as Appendix II to this notice. 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 to all parties in the Central Records
Unit, Room B8024 of the main Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content.
---------------------------------------------------------------------------
\1\ See Utility Scale Wind Towers from Canada, Indonesia, and
the Socialist Republic of Vietnam: Initiation of Countervailing Duty
Investigations, 84 FR 38216 (August 6, 2019) (Initiation Notice).
\2\ See Utility Scale Wind Towers From Canada, Indonesia, and
the Socialist Republic of Vietnam: Postponement of Preliminary
Determinations of Countervailing Duty Investigations, 84 FR 48329
(September 13, 2019).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination of the Countervailing Duty Investigation of Utility
Scale Wind Towers from Canada,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are wind towers from
Canada. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Accordingly, Commerce is preliminarily not modifying
the scope language as it appeared in the Initiation Notice. See
Appendix I.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice, 84 FR at 38217.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\6\
---------------------------------------------------------------------------
\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; see also section 771(5)(E) of the Act
regarding benefit; and section 771(5A) of the Act regarding
specificity.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final countervailing duty (CVD) determination in this
investigation with the final determination in the companion antidumping
duty (AD) investigation of wind towers from Canada based on a request
made by the Wind Tower Trade Coalition (the petitioner).\7\
Consequently, the final CVD determination will be issued on the same
date as the final AD determination, which is currently scheduled to be
issued no later than April 20, 2020, unless postponed.
---------------------------------------------------------------------------
\7\ See Petitioner's Letter, ``Utility Scale Wind Towers from
Canada: Request to Align Countervailing Duty Investigation Final
Determination with Antidumping Duty Investigation Final
Determination,'' dated November 27, 2019.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate
[[Page 68127]]
for companies not individually examined. This rate shall be an amount
equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely on facts
otherwise available, as outlined under section 776 of the Act.
In this investigation, Commerce calculated an individually-
estimated countervailable subsidy rate for the mandatory respondent,
Marmen Inc., Marmen [Eacute]nergie Inc., and Gestion Marmen Inc.
(collectively, Marmen), that is not zero, de minimis, or based entirely
on facts otherwise available. Because Marmen is the only mandatory
respondent in this investigation and its individually-calculated rate
is not zero, de minimis, or determined entirely under section 776 of
the Act, Commerce has assigned Marmen's rate as the estimated all-
others rate.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy
Exporter/producer rate
(percent)
------------------------------------------------------------------------
Marmen Inc., Marmen [Eacute]nergie Inc., and Gestion Marmen 1.09
Inc........................................................
All Others.................................................. 1.09
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with sections 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise, as described in
the scope of the investigation section, entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to section
703(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to the rates indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline for
submitting case briefs.\8\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
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.
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\8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
International Trade Commission (ITC) Notification
In accordance with section 703(f) of the Act, Commerce will notify
the ITC of its determination. Pursuant to 705(b)(2) of the Act, if the
final determination is affirmative, the ITC will determine before the
later of 120 days after the date of this preliminary determination or
45 days after the final determination whether imports of the subject
merchandise are materially injuring, or threaten material injury to,
the U.S. industry.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: December 6, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise covered by these investigations consists of
certain wind towers, whether or not tapered, and sections thereof.
Certain wind towers 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 non-subject 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, unless those
components are shipped with the tower sections.
Further, excluded from the scope of the antidumping duty
investigations are any products covered by the existing antidumping
duty order on utility scale wind towers from the Socialist Republic
of Vietnam. See 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).
Merchandise covered by these investigations is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under subheading 7308.20.0020 or 8502.31.0000. Wind towers
of iron or steel are classified under HTSUS 7308.20.0020 when
imported separately as a tower or tower section(s). Wind towers may
be classified under HTSUS 8502.31.0000 when imported as combination
goods with a wind turbine (i.e., accompanying nacelles and/or rotor
blades). While the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the scope of the
investigations is dispositive.
[[Page 68128]]
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Injury Test
V. Subsidies Valuation
VI. Analysis of Programs
VII. Recommendation
[FR Doc. 2019-26945 Filed 12-12-19; 8:45 am]
BILLING CODE 3510-DS-P
