Utility Scale Wind Towers From Indonesia: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 68109-68111 [2019-26946]
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Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Notices
circumstances finding with respect to
imports of subject merchandise from
Thailand that were subject to
Commerce’s final affirmative critical
circumstances determination.
Accordingly, Commerce will instruct
CBP to lift suspension and to refund any
cash deposits made to secure the
payment of estimated antidumping
duties with respect to entries of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after May 9, 2019 (i.e., 90 days prior to
the date of publication of the
Preliminary Determination), but before
August 7, 2019 (i.e., the publication date
of the Preliminary Determination).
Estimated Weighted-Average Dumping
Margins
The weighted-average dumping
margins are as follows:
Weightedaverage
dumping
margin
(percent)
Exporter/producer
Tycoons Worldwide Group (Thailand) Co. Ltd ...........................
All Others ....................................
20.83
20.83
Notification to Interested Parties
This notice constitutes the
antidumping duty order with respect to
carbon and alloy steel threaded rod from
Thailand pursuant to section 736(a) of
the Act. Interested parties can find a list
of antidumping duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
This order is issued and published in
accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: December 6, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
jbell on DSKJLSW7X2PROD with NOTICES
Appendix
Scope of the Order
The merchandise covered by the scope of
this investigation is carbon and alloy steel
threaded rod. Steel threaded rod is certain
threaded rod, bar, or studs, of carbon or alloy
steel, having a solid, circular cross section of
any diameter, in any straight length. Steel
threaded rod is normally drawn, cold-rolled,
threaded, and straightened, or it may be hotrolled. In addition, the steel threaded rod,
bar, or studs subject to these investigations
are non-headed and threaded along greater
than 25 percent of their total actual length.
A variety of finishes or coatings, such as
plain oil finish as a temporary rust
protectant, zinc coating (i.e., galvanized,
whether by electroplating or hot-dipping),
paint, and other similar finishes and
coatings, may be applied to the merchandise.
VerDate Sep<11>2014
17:42 Dec 12, 2019
Jkt 250001
Steel threaded rod is normally produced to
American Society for Testing and Materials
(ASTM) specifications ASTM A36, ASTM
A193 B7/B7m, ASTM A193 B16, ASTM
A307, ASTM A320 L7/L7M, ASTM A320
L43, ASTM A354 BC and BD, ASTM A449,
ASTM F1554–36, ASTM F1554–55, ASTM
F1554 Grade 105, American Society of
Mechanical Engineers (ASME) specification
ASME B18.31.3, and American Petroleum
Institute (API) specification API 20E. All
steel threaded rod meeting the physical
description set forth above is covered by the
scope of these investigations, whether or not
produced according to a particular standard.
Subject merchandise includes material
matching the above description that has been
finished, assembled, or packaged in a third
country, including by cutting, chamfering,
coating, or painting the threaded rod, by
attaching the threaded rod to, or packaging it
with, another product, or any other finishing,
assembly, or packaging operation that would
not otherwise remove the merchandise from
the scope of this investigation if performed
in the country of manufacture of the threaded
rod.
Carbon and alloy steel threaded rod are
also included in the scope of this
investigation whether or not imported
attached to, or in conjunction with, other
parts and accessories such as nuts and
washers. If carbon and alloy steel threaded
rod are imported attached to, or in
conjunction with, such non-subject
merchandise, only the threaded rod is
included in the scope.
Excluded from the scope of this
investigation is: (1) Threaded rod, bar, or
studs which are threaded only on one or both
ends and the threading covers 25 percent or
less of the total actual length; and (2)
stainless steel threaded rod, defined as steel
threaded rod containing, by weight, 1.2
percent or less of carbon and 10.5 percent or
more of chromium, with our without other
elements.
Excluded from the scope of the
antidumping investigation on steel threaded
rod from the People’s Republic of China is
any merchandise covered by the existing
antidumping order on Certain Steel Threaded
Rod from the People’s Republic of China. See
Certain Steel Threaded Rod from the People’s
Republic of China: Notice of Antidumping
Duty Order, 74 FR 17154 (April 14, 2009).
Specifically excluded from the scope of
this investigation is threaded rod that is
imported as part of a package of hardware in
conjunction with a ready-to-assemble piece
of furniture.
Steel threaded rod is currently classifiable
under subheadings 7318.15.5051,
7318.15.5056, and 7318.15.5090 of the
Harmonized Tariff Schedule of the United
States (HTSUS). Subject merchandise may
also enter under subheading 7318.15.2095
and 7318.19.0000 of the HTSUS. The HTSUS
subheadings are provided for convenience
and U.S. Customs purposes only. The written
description of the scope is dispositive.
[FR Doc. 2019–27044 Filed 12–12–19; 8:45 am]
BILLING CODE 3510–DS–P
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68109
DEPARTMENT OF COMMERCE
International Trade Administration
[C–560–834]
Utility Scale Wind Towers From
Indonesia: 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 Indonesia. 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: Alex
Wood or Andrew Medley, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1959 or (202) 482–4987,
respectively.
AGENCY:
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 this
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
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 Indonesia,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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68110
Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Notices
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.
Scope of the Investigation
The products covered by this
investigation are wind towers from
Indonesia. 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
investigations 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
jbell on DSKJLSW7X2PROD with NOTICES
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
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; section 771(5)(E)
of the Act regarding benefit and section 771(5A) of
the Act regarding specificity.
VerDate Sep<11>2014
17:42 Dec 12, 2019
Jkt 250001
companion antidumping duty (AD)
investigation of wind towers from
Indonesia 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
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, PT Kenertec
Power System (Kenertec), that is not
zero, de minimis, or based entirely on
facts otherwise available. Because
Kenertec 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 Kenertec’s rate as the
estimated all-others rate.
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;
Preliminary Determination
(2) a brief summary of the argument;
and (3) a table of authorities.
Commerce preliminarily determines
that the following estimated
Pursuant to 19 CFR 351.310(c),
countervailable subsidy rates exist:
interested parties who wish to request a
hearing, limited to issues raised in the
Ad Valorem case and rebuttal briefs, must submit a
Exporter/producer
subsidy rate
written request to the Assistant
(percent)
Secretary for Enforcement and
PT Kenertec Power System .....
20.29 Compliance, U.S. Department of
All Others ..................................
20.29 Commerce within 30 days after the date
of publication of this notice. Requests
Suspension of Liquidation
should contain the party’s name,
address and telephone number, the
In accordance with sections
number of participants, whether any
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and participant is a foreign national, and a
list of the issues to be discussed. If a
Border Protection (CBP) to suspend
request for a hearing is made, Commerce
liquidation of entries of subject
intends to hold the hearing at the U.S.
merchandise, as described in the scope
Department of Commerce, 1401
of the investigation section, entered, or
Constitution Avenue NW, Washington,
withdrawn from warehouse, for
consumption on or after the date of
DC 20230, at a time and date to be
publication of this notice in the Federal determined. Parties should confirm by
telephone the date, time, and location of
7 See Petitioner’s Letter, ‘‘Utility Scale Wind
the hearing two days before the
Towers from Indonesia: Request to Align
scheduled date.
Countervailing Duty Investigation Final
Determination with Antidumping Duty
Investigation Final Determination,’’ dated
November 27, 2019.
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8 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
E:\FR\FM\13DEN1.SGM
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Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Notices
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.
jbell on DSKJLSW7X2PROD with 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
[FR Doc. 2019–26946 Filed 12–12–19; 8:45 am]
BILLING CODE 3510–DS–P
Appendix I
DEPARTMENT OF COMMERCE
Scope of the Investigation
The merchandise covered by this
investigation 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.
Merchandise covered by this investigation
is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
VerDate Sep<11>2014
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 investigation is dispositive.
17:42 Dec 12, 2019
Jkt 250001
International Trade Administration
[A–489–837]
Certain Quartz Surface Products From
the Republic of Turkey: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, Preliminary
Negative Determination of Critical
Circumstances, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain quartz surface products
(quartz surface products) from the
Republic of Turkey (Turkey) are being,
or are likely to be, sold in the United
States at less than fair value (LTFV). The
period of investigation is April 1, 2018
through March 31, 2019. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable December 13, 2019.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita or Kyle Clahane AD/
CVD Operations, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4243 or (202) 482–5449,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
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68111
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on June 3, 2019.1 On October 1, 2019,
Commerce postponed the preliminary
determination of this investigation and
the revised deadline is now December 4,
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
included 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 the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are quartz surface products
from Turkey. 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 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
1 See Certain Quartz Surface Products from India
and the Republic of Turkey: Initiation of Less-ThanFair-Value Investigations, 84 FR 25529 (June 3,
2019) (Initiation Notice).
2 See Certain Quartz Surface Products From India
and the Republic of Turkey: Postponement of the
Preliminary Determinations in the Less-Than-FairValue Investigations, 84 FR 52062 (October 1,
2019).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Certain Quartz Surface
Products from the Republic of Turkey,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 84 FR at 25530.
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]]>Agencies
[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Notices]
[Pages 68109-68111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26946]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-560-834]
Utility Scale Wind Towers From Indonesia: 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 Indonesia.
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: Alex Wood or Andrew Medley, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1959 or (202) 482-4987,
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 this
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
[[Page 68110]]
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 Indonesia,'' 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
Indonesia. 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 investigations 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; 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 Indonesia 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
Indonesia: 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 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, PT
Kenertec Power System (Kenertec), that is not zero, de minimis, or
based entirely on facts otherwise available. Because Kenertec 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 Kenertec's rate as the
estimated all-others rate.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Ad Valorem
subsidy
Exporter/producer rate
(percent)
------------------------------------------------------------------------
PT Kenertec Power System................................... 20.29
All Others................................................. 20.29
------------------------------------------------------------------------
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.
[[Page 68111]]
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 this investigation 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.
Merchandise covered by this investigation 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
investigation is dispositive.
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. 2019-26946 Filed 12-12-19; 8:45 am]
BILLING CODE 3510-DS-P
