Utility Scale Wind Towers From the Socialist Republic of Vietnam: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 68104-68106 [2019-26947]
Download as PDF
<![CDATA[
68104
Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Notices
Assessment Rates/Cash Deposits
Normally, Commerce would issue
appropriate assessment instructions to
U.S. Customs and Border Protection
(CBP) 15 days after the date of
publication of these amended final
results of review, to liquidate shipments
of subject merchandise produced and/or
exported by the companies listed above
entered, or withdrawn from warehouse,
for consumption on or after January 1,
2016 through December 31, 2016.
However, between September 27, 2019
and October 28, 2019, the Court
enjoined liquidation of certain entries
that are subject to the Final Results.8
Accordingly, Commerce will not
instruct CBP to assess countervailing
duties on those enjoined entries
pending resolution of the associated
liquidation.
Commerce intends to instruct CBP to
collect cash deposits of estimated
countervailing duties, in the amounts
shown above for the companies listed
above, on shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption, on or
after July 28, 2019, which is the date of
the Final Results. For all non-reviewed
firms, Commerce will instruct CBP to
collect cash deposits at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposits, when
imposed, shall remain in effect until
further notice.
Administrative Protective Order
This notice also serves as a reminder
to parties that are subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Dated: December 9, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–26817 Filed 12–12–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–552–826]
Utility Scale Wind Towers From the
Socialist Republic of Vietnam:
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 the Socialist Republic of Vietnam
(Vietnam). The period of investigation is
January 1, 2018 through December 31,
2018. Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Applicable December 13, 2019.
FOR FURTHER INFORMATION CONTACT:
Davina Friedmann, Paul Walker, or Julie
Geiger, 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) 482–0698;
(202) 482–0413; or (202) 482–2057,
respectively.
SUPPLEMENTARY INFORMATION:
Commerce intends to disclose the
calculations performed for these
amended final results to interested
parties within five business days of the
date of this notice in accordance with 19
CFR 351.224(b).
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
8 The Court issued statutory injunctions under
case numbers 19–00182 (September 27, 2019), 19–
00178 (October 4, 2019), and 19–00183 (October 28,
2019).
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).
Disclosure
jbell on DSKJLSW7X2PROD with NOTICES
Commerce is issuing and publishing
these amended final results in
accordance with sections 751(h) and
771(i)(1) of the Act, and 19 CFR
351.224(e).
VerDate Sep<11>2014
17:42 Dec 12, 2019
Jkt 250001
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
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.
Scope of the Investigation
The products covered by this
investigation are wind towers from
Vietnam. 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
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 the Socialist Republic of
Vietnam,’’ 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)
(Preamble).
5 See Initiation Notice, 84 FR at 38217.
E:\FR\FM\13DEN1.SGM
13DEN1
Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Notices
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
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
Vietnam 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)(1)(A)(i) 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, CS Wind
Vietnam Co., Ltd. (CS Wind), which is
not zero, de minimis, or based entirely
on facts otherwise available. Because CS
Wind 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 CS Wind’s rate as the
estimated all-others rate.
Preliminary Determination
jbell on DSKJLSW7X2PROD with NOTICES
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
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.
7 See Petitioner’s Letter, ‘‘Utility Scale Wind
Towers from the Socialist Republic of Vietnam:
Request to Align Countervailing Duty Investigation
Final Determination with Antidumping Duty
Investigation Final Determination,’’ dated
November 27, 2019.
VerDate Sep<11>2014
17:42 Dec 12, 2019
Jkt 250001
of publication of this notice. Requests
should contain the party’s name,
address and telephone number, the
number of participants, whether any
CS Wind Vietnam Co., Ltd .........
2.43
participant is a foreign national, and a
All Others ....................................
2.43
list of the issues to be discussed. If a
request for a hearing is made, Commerce
Suspension of Liquidation
intends to hold the hearing at the U.S.
In accordance with sections
Department of Commerce, 1401
703(d)(1)(B) and (d)(2) of the Act,
Constitution Avenue NW, Washington,
Commerce will direct U.S. Customs and DC 20230, at a time and date to be
Border Protection (CBP) to suspend
determined. Parties should confirm by
liquidation of entries of subject
telephone the date, time, and location of
merchandise, as described in the scope
the hearing two days before the
of the investigation section, entered, or
scheduled date.
withdrawn from warehouse, for
International Trade Commission (ITC)
consumption on or after the date of
publication of this notice in the Federal Notification
Register. Further, pursuant to section
In accordance with section 703(f) of
703(d)(1)(B) of the Act and 19 CFR
the Act, Commerce will notify the ITC
351.205(d), Commerce will instruct CBP of its determination. Pursuant to
to require a cash deposit equal to the
705(b)(2) of the Act, if the final
rates indicated above.
determination is affirmative, the ITC
will determine before the later of 120
Disclosure
days after the date of this preliminary
Commerce intends to disclose its
determination or 45 days after the final
calculations and analysis performed to
determination whether imports of the
interested parties in this preliminary
subject merchandise are materially
determination within five days of its
injuring, or threaten material injury to,
public announcement, or if there is no
the U.S. industry.
public announcement, within five days
Notification to Interested Parties
of the date of this notice in accordance
with 19 CFR 351.224(b).
This determination is issued and
Verification
published pursuant to sections 703(f)
As provided in section 782(i)(1) of the and 777(i) of the Act and 19 CFR
351.205(c).
Act, Commerce intends to verify the
information relied upon in making its
Dated: December 6, 2019.
final determination.
Jeffrey I. Kessler,
Producer/exporter
Alignment
68105
Subsidy
rate
(percent)
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
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
8 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
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.
E:\FR\FM\13DEN1.SGM
13DEN1
68106
Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Notices
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 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 Comments
IV. Scope of the Investigation
V. Alignment
VI. Injury Test
VII. Application of the CVD Law to Imports
from Vietnam
VIII. Subsidies Valuation
IX. Analysis of Programs
X. Entered Value Adjustment
XI. Calculation of the All-Others Rate
XII. ITC Notification
XIII. Recommendation
[FR Doc. 2019–26947 Filed 12–12–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
jbell on DSKJLSW7X2PROD with NOTICES
[A–433–812]
Certain Carbon and Alloy Steel Cut-ToLength Plate From Austria: Final
Results of the Antidumping Duty
Administrative Review; 2016–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
VerDate Sep<11>2014
17:42 Dec 12, 2019
Jkt 250001
The Department of Commerce
(Commerce) finds that sales of certain
carbon and alloy steel cut-to-length
plate (CTL plate) from Austria were
made at less than normal value during
the period of review (POR) November
14, 2016 through April 30, 2018.
DATES: Applicable December 13, 2019.
FOR FURTHER INFORMATION CONTACT:
Preston N. Cox, 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) 482–5041.
SUPPLEMENTARY INFORMATION:
see the Issues and Decision
Memorandum.5 Commerce conducted
this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
On October 8, 2019, Commerce
extended the deadline for the final
results by 60 days.6 Accordingly, the
deadline for the final results is now
December 10, 2019.
Background
This review covers voestalpine Bohler
Edelstahl GmbH & Co KG (vaBEG) and
voestalpine Bohler Bleche GmbH & Co
KG (vaBBG) (affiliated producers/
exporters of the subject merchandise)
and their non-exporting affiliates,
voestalpine High Performance Metals
International GmbH (vaHPMI),
voestalpine Grobblech GmbH
(Grobblech), and voestalpine Steel &
Service Center GmbH (SSC)
(collectively, voestalpine).1 Commerce
published the Preliminary Results on
June 13, 2019 and invited interested
parties to comment.2 On July 17, 2019,
Commerce received a case brief from
voestalpine.3 On July 24, 2019,
Commerce received a rebuttal brief from
SSAB Enterprises LLC (the petitioner).4
For a further discussion of events
subsequent to the Preliminary Results,
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are listed in the appendix
to this notice and addressed in the
Issues and Decision Memorandum. The
Issues and Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and to all
parties in the Central Records Unit,
room B8024, of the main Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed at
https://enforcement.trade.gov/frn/
index.html. The signed and the
electronic versions of the Issues and
Decision Memorandum are identical in
content.
SUMMARY:
1 Commerce continues to find that vaBEG, vaBBG,
and vaHPMI are the successors-in-interest to Bohler
Edelstahl GmbH & Co KG (BEG), Bohler Bleche
GmbH & Co KG (BBG), and Bohler International
GmbH (BIG), respectively. Additionally, Commerce
has determined to collapse, and treat as a single
entity, vaBEG, vaBBG, and their affiliated
companies vaHPMI, Grobblech, and SSC
(collectively, voestalpine). For a discussion of this
analysis, see Memorandum, ‘‘Analysis
Memorandum for voestalpine Companies in the
Final Results of the 2016–2018 Administrative
Review of the Antidumping Duty Order on Certain
Carbon and Alloy Steel Cut-to-Length Plate from
Austria,’’ dated concurrently with this
memorandum (voestalpine Final Analysis
Memorandum); see also Memorandum, ‘‘Decision
Memorandum for the Preliminary Results of the
2016–2018 Administrative Review of the
Antidumping Duty Order on Certain Carbon and
Alloy Steel Cut-To-Length Plate from Austria,’’
dated June 7, 2019.
2 See Certain Carbon and Alloy Steel Cut-toLength Plate From Austria: Preliminary Results of
the Antidumping Duty Administrative Review;
2016–2018, 84 FR 27583 (June 13, 2019)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
3 See voestalpine’s Letter, ‘‘Antidumping Duty
Administrative Review of Certain Carbon and Alloy
Steel Cut-To-Length Plate from Austria: voestalpine
Case Brief,’’ dated July 17, 2019.
4 See Petitioner’s Letter, ‘‘Certain Carbon and
Alloy Steel Cut-To-Length Plate from Austria:
Rebuttal Brief,’’ dated July 24, 2019.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Scope of the Order
The product covered by the scope of
the order is CTL plate from Austria. For
a complete description of the scope of
the order, see the Issues and Decision
Memorandum.7
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain changes to the
preliminary weighted-average margin
for voestalpine.8 Specifically, we
applied a level of trade (LOT)
adjustment to voestalpine’s normal
value (NV) only where export price (EP)
sales were made at a different LOT than
home-market sales, and we applied a
constructed export price (CEP) offset to
NV for comparisons to all CEP sales.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty
Order on Certain Carbon and Alloy Steel Cut-ToLength Plate from Austria; 2016–2018,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
6 See Memorandum, ‘‘Certain Carbon and Alloy
Steel Cut-To-Length Plate from Austria: Extension
of Deadline for Final Results of Antidumping Duty
Administrative Review; 2016–2018,’’ dated October
8, 2019.
7 See Issues and Decision Memorandum at 2–7.
8 See Issues and Decision Memorandum at 7–9;
see also voestalpine Final Analysis Memorandum.
E:\FR\FM\13DEN1.SGM
13DEN1
]]>Agencies
[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Notices]
[Pages 68104-68106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26947]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-552-826]
Utility Scale Wind Towers From the Socialist Republic of Vietnam:
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 the Socialist
Republic of Vietnam (Vietnam). 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: Davina Friedmann, Paul Walker, or
Julie Geiger, 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-
0698; (202) 482-0413; or (202) 482-2057, 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 the Socialist Republic of Vietnam,'' 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
Vietnam. 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
[[Page 68105]]
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 Vietnam 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
the Socialist Republic of Vietnam: Request to Align Countervailing
Duty Investigation Final Determination with Antidumping Duty
Investigation Final Determination,'' dated November 27, 2019.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d)(1)(A)(i) 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, CS
Wind Vietnam Co., Ltd. (CS Wind), which is not zero, de minimis, or
based entirely on facts otherwise available. Because CS Wind 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 CS Wind's rate as the
estimated all-others rate.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy
Producer/exporter rate
(percent)
------------------------------------------------------------------------
CS Wind Vietnam Co., Ltd.................................... 2.43
All Others.................................................. 2.43
------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
---------------------------------------------------------------------------
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 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.
[[Page 68106]]
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 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 Comments
IV. Scope of the Investigation
V. Alignment
VI. Injury Test
VII. Application of the CVD Law to Imports from Vietnam
VIII. Subsidies Valuation
IX. Analysis of Programs
X. Entered Value Adjustment
XI. Calculation of the All-Others Rate
XII. ITC Notification
XIII. Recommendation
[FR Doc. 2019-26947 Filed 12-12-19; 8:45 am]
BILLING CODE 3510-DS-P
