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 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to liquidate shipments of subject merchandise produced and/or exported by the companies listed above entered, or withdrawn from warehouse, for consumption on or after January 1, 2016 through December 31, 2016.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duties, in the amounts shown above for the companies listed above, on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption, on or after July 28, 2019, which is the date of the Final Results.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 http:// 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 http:// 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]


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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 
http://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 http://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).
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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.
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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