Utility Scale Wind Towers From Canada: Preliminary Affirmative Determination of Sales at Less-Than-Fair-Value, Preliminary Negative Determination of Critical Circumstances, and Postponement of Final Determination and Extension of Provisional Measures, 8562-8565 [2020-02962]
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Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Notices
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
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.
khammond on DSKJM1Z7X2PROD with NOTICES
Postponement of Final Determination
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On January 27, 2020, pursuant to 19
CFR 351.210(e), Dongkuk requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.7 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative; and (2) the requesting
exporter accounts for a significant
proportion of exports of the subject
merchandise; and (3) no compelling
reasons for denial exist, Commerce is
7 See Dongkuk’s Letter, ‘‘Utility Scale Wind
Towers from the Republic of Korea: Request to
Extend the Deadline for the Final Determination,’’
dated January 27, 2020.
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postponing the final determination and
extending the provisional measures
from a four-month period to a period
not greater than six months.
Accordingly, Commerce will make its
final determination by no later than 135
days after the date of publication of this
preliminary determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. 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
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
Dated: February 4, 2020.
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 nonsubject merchandise,
such as nacelles or rotor blades, and whether
or not they have internal or external
components attached to the subject
merchandise.
Specifically excluded from the scope are
nacelles and rotor blades, regardless of
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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. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Affirmative Preliminary Determination of
Critical Circumstances
VII. Discussion of the Methodology
VIII. Date of Sale
IX. Product Comparisons
X. Export Price
XI. Normal Value
XII. Currency Conversion
XIII. Recommendation
[FR Doc. 2020–02715 Filed 2–13–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–867]
Utility Scale Wind Towers From
Canada: Preliminary Affirmative
Determination of Sales at Less-ThanFair-Value, Preliminary Negative
Determination of Critical
Circumstances, and 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 utility scale wind towers (wind
towers) from Canada are being sold, or
are likely to be sold, in the United States
at less-than-fair-value (LTFV). The
period of investigation (POI) is July 1,
2018 through June 30, 2019. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable February 14, 2020.
AGENCY:
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FOR FURTHER INFORMATION CONTACT:
Mike Heaney or Paul Walker, 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) 482–4475 or (202) 482–0413,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on August 5, 2019.1 On December 3,
2019, Commerce postponed the
preliminary determination of this
investigation, and the revised deadline
is now February 4, 2020.2 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 product covered by this
investigation is wind towers from
Canada. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 No interested
party commented on the scope of the
investigation as it appeared in the
Initiation Notice. Commerce is
preliminarily not modifying the scope
language as it appeared in the Initiation
Notice. See the scope in Appendix I to
this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices and constructed
export prices in accordance with section
772(a) & (b) of the Act. Normal value
(NV) is calculated in accordance with
section 773 of the Act. For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
Preliminary Negative Determination of
Critical Circumstances
In accordance with section 733(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily finds that critical
circumstances do not exist for the
Marmen Group and the non-selected
companies receiving the all-others rate.
For a full description of the
methodology and results of Commerce’s
critical circumstances analysis, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act. Commerce
calculated an individual estimated
weighted-average dumping margin for
the Marmen Group, the only
individually examined exporter/
producer in this investigation. Because
the only individually calculated
dumping margin is not zero, de
minimis, or based entirely on facts
otherwise available, the estimated
weighted-average dumping margin
calculated for the Marmen Group is the
margin assigned to all other producers
and exporters, pursuant to section
735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter/producer
´ nergie Inc ...................................................................................................................
Marmen Inc./Marmen E
All Others .........................................................................................................................................................
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Suspension of Liquidation
5.04
5.04
Cash
deposit rate
(adjusted for
subsidy offsets)
(percent)6
5.04
5.04
In accordance with section 733(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 Appendix
I, 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 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated all-
1 See Utility Scale Wind Towers from Canada,
Indonesia, the Republic of Korea, and the Socialist
Republic of Vietnam: Initiation of Less-Than-FairValue Investigations, 84 FR 37992 (August 5, 2019)
(Initiation Notice).
2 See Utility Scale Wind Towers from Canada,
Indonesia, the Republic of Korea, and the Socialist
Republic of Vietnam: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value
Investigations, 84 FR 66151 (December 3, 2019).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Utility Scale Wind
Towers from Canada,’’ 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.
6 See Memorandum, ‘‘Preliminary Determination
Calculations for the Marmen Group,’’ dated
February 4, 2020.
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others rate, as follows: (1) The cash
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margins determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin.
Commerce normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. Accordingly, where Commerce
preliminarily made an affirmative
determination for countervailable export
subsidies, Commerce has offset the
estimated weighted-average dumping
margin by the appropriate CVD rate.
Any such adjusted cash deposit rate
may be found in the Preliminary
Determination section above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting estimated antidumping duty
cash deposits unadjusted for
countervailed export subsidies at the
time that the provisional CVD measures
expire. These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
khammond on DSKJM1Z7X2PROD with NOTICES
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
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issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.7
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
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.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
Between January 17 and 27, 2020,
pursuant to 19 CFR 351.210(e), the
Marmen Group and the Wind Tower
Trade Coalition requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
7 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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exceed six months.8 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. 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
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: February 4, 2020.
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,
8 See the Marmen Group’s Letter, ‘‘Utility Scale
Wind Towers from Canada—Request for
Postponement of Final Determination and
Provisional Measures Period,’’ dated January 27,
2020; see also Wind Tower Trade Coalition’s Letter,
‘‘Utility Scale Wind Towers from Canada,
Indonesia, Republic of Korea and Socialist Republic
of Vietnam: Request to Postpone Final
Determination,’’ dated January 17, 2020.
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Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Notices
painting, treatment, or method of
manufacture, and with or without flanges,
doors, or internal or external components
(e.g., flooring/decking, ladders, lifts,
electrical buss boxes, electrical cabling,
conduit, cable harness for nacelle generator,
interior lighting, tool and storage lockers)
attached to the wind tower section. Several
wind tower sections are normally required to
form a completed wind tower.
Wind towers and sections thereof are
included within the scope whether or not
they are joined with non-subject
merchandise, such as nacelles or rotor
blades, and whether or not they have internal
or external components attached to the
subject merchandise.
Specifically excluded from the scope are
nacelles and rotor blades, regardless of
whether they are attached to the wind tower.
Also excluded are any internal or external
components which are not attached to the
wind towers or sections thereof, unless those
components are shipped with the tower
sections.
Further, excluded from the scope of the
antidumping duty investigation 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
khammond on DSKJM1Z7X2PROD with NOTICES
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Collapsing and Affiliation
VI. Preliminary Negative Determination of
Critical Circumstances
VII. Postponement of Final Determination
and Extension of Provisional Measures
VIII. Discussion of the Methodology
IX. Date of Sale
X. Product Comparisons
XI. Export Price and Constructed Export
Price
XII. Normal Value
XIII. Currency Conversion
XIV. Recommendation
[FR Doc. 2020–02962 Filed 2–13–20; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–825]
Utility Scale Wind Towers From the
Socialist Republic of Vietnam:
Preliminary Affirmative Determination
of Sales at Less-Than-Fair-Value and
Preliminary Affirmative Determination
of Critical Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that utility scale wind towers (wind
towers) from the Socialist Republic of
Vietnam (Vietnam) produced and
exported by CS Wind Vietnam Co., Ltd.
(CS Wind) are being, or are likely to be,
sold in the United States at less-thanfair-value (LTFV). The period of
investigation (POI) is January 1, 2019
through June 30, 2019. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable February 14, 2020.
FOR FURTHER INFORMATION CONTACT:
Joshua A. DeMoss, 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) 482–3362.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on August 5, 2019.1 On December 3,
2019, Commerce postponed the
preliminary determination of this
investigation, and the revised deadline
is now February 4, 2020.2 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
1 See
Utility Scale Wind Towers from Canada,
Indonesia, the Republic of Korea, and the Socialist
Republic of Vietnam: Initiation of Less-Than-FairValue Investigations, 84 FR 37992 (August 5, 2019)
(Initiation Notice).
2 See Utility Scale Wind Towers from Canada,
Indonesia, the Republic of Korea, and the Socialist
Republic of Vietnam: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value
Investigations, 84 FR 66151 (December 3, 2019).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value 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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8565
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/summary/
vietnam/vietnam-fr.htm. The signed and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Scope of the Investigation
The product covered by this
investigation is 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. Commerce is
preliminarily not modifying the scope
language as it appeared in the Initiation
Notice. See the scope in Appendix I to
this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Pursuant to section
776(a) and (b) of the Act, Commerce has
relied on facts otherwise available, with
adverse inferences, for CS Wind because
it did not timely respond to our request
for information. For a full description of
the methodology underlying
Commerce’s preliminary determination,
see the Preliminary Decision
Memorandum.
Preliminary Affirmative Determination
of Critical Circumstances
In accordance with section 733(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily finds that critical
circumstances exist with respect to CS
Wind. For a full description of the
methodology and results of Commerce’s
critical circumstances analysis, see the
Preliminary Decision Memorandum.
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
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]]>Agencies
[Federal Register Volume 85, Number 31 (Friday, February 14, 2020)]
[Notices]
[Pages 8562-8565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02962]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-867]
Utility Scale Wind Towers From Canada: Preliminary Affirmative
Determination of Sales at Less-Than-Fair-Value, Preliminary Negative
Determination of Critical Circumstances, and Postponement of Final
Determination and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that utility scale wind towers (wind towers) from Canada are being
sold, or are likely to be sold, in the United States at less-than-fair-
value (LTFV). The period of investigation (POI) is July 1, 2018 through
June 30, 2019. Interested parties are invited to comment on this
preliminary determination.
DATES: Applicable February 14, 2020.
[[Page 8563]]
FOR FURTHER INFORMATION CONTACT: Mike Heaney or Paul Walker, 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) 482-4475 or (202) 482-0413,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on August 5,
2019.\1\ On December 3, 2019, Commerce postponed the preliminary
determination of this investigation, and the revised deadline is now
February 4, 2020.\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.
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\1\ See Utility Scale Wind Towers from Canada, Indonesia, the
Republic of Korea, and the Socialist Republic of Vietnam: Initiation
of Less-Than-Fair-Value Investigations, 84 FR 37992 (August 5, 2019)
(Initiation Notice).
\2\ See Utility Scale Wind Towers from Canada, Indonesia, the
Republic of Korea, and the Socialist Republic of Vietnam:
Postponement of Preliminary Determinations in the Less-Than-Fair-
Value Investigations, 84 FR 66151 (December 3, 2019).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Utility
Scale Wind Towers from Canada,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is wind towers from
Canada. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Commerce is preliminarily not modifying the scope
language as it appeared in the Initiation Notice. See the scope in
Appendix I to this notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices and
constructed export prices in accordance with section 772(a) & (b) of
the Act. Normal value (NV) is calculated in accordance with section 773
of the Act. For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
Preliminary Negative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily finds that critical circumstances do not exist
for the Marmen Group and the non-selected companies receiving the all-
others rate. For a full description of the methodology and results of
Commerce's critical circumstances analysis, see the Preliminary
Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act. Commerce calculated an individual estimated
weighted-average dumping margin for the Marmen Group, the only
individually examined exporter/producer in this investigation. Because
the only individually calculated dumping margin is not zero, de
minimis, or based entirely on facts otherwise available, the estimated
weighted-average dumping margin calculated for the Marmen Group is the
margin assigned to all other producers and exporters, pursuant to
section 735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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\6\ See Memorandum, ``Preliminary Determination Calculations for
the Marmen Group,'' dated February 4, 2020.
------------------------------------------------------------------------
Estimated Cash deposit
weighted- rate (adjusted
Exporter/producer average dumping for subsidy
margin offsets)
(percent) (percent)\6\
------------------------------------------------------------------------
Marmen Inc./Marmen [Eacute]nergie 5.04 5.04
Inc................................
All Others.......................... 5.04 5.04
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(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 Appendix I, 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 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-
[[Page 8564]]
others rate, as follows: (1) The cash deposit rate for the respondents
listed above will be equal to the company-specific estimated weighted-
average dumping margins determined in this preliminary determination;
(2) if the exporter is not a respondent identified above, but the
producer is, then the cash deposit rate will be equal to the company-
specific estimated weighted-average dumping margin established for that
producer of the subject merchandise; and (3) the cash deposit rate for
all other producers and exporters will be equal to the all-others
estimated weighted-average dumping margin.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where Commerce preliminarily made an
affirmative determination for countervailable export subsidies,
Commerce has offset the estimated weighted-average dumping margin by
the appropriate CVD rate. Any such adjusted cash deposit rate may be
found in the Preliminary Determination section above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting estimated
antidumping duty cash deposits unadjusted for countervailed export
subsidies at the time that the provisional CVD measures expire. These
suspension of liquidation instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication 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
date for case briefs.\7\ 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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\7\ 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.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
Between January 17 and 27, 2020, pursuant to 19 CFR 351.210(e), the
Marmen Group and the Wind Tower Trade Coalition requested that Commerce
postpone the final determination and that provisional measures be
extended to a period not to exceed six months.\8\ In accordance with
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because:
(1) The preliminary determination is affirmative; (2) the requesting
exporter accounts for a significant proportion of exports of the
subject merchandise; and (3) no compelling reasons for denial exist,
Commerce is postponing the final determination and extending the
provisional measures from a four-month period to a period not greater
than six months. Accordingly, Commerce will make its final
determination no later than 135 days after the date of publication of
this preliminary determination.
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\8\ See the Marmen Group's Letter, ``Utility Scale Wind Towers
from Canada--Request for Postponement of Final Determination and
Provisional Measures Period,'' dated January 27, 2020; see also Wind
Tower Trade Coalition's Letter, ``Utility Scale Wind Towers from
Canada, Indonesia, Republic of Korea and Socialist Republic of
Vietnam: Request to Postpone Final Determination,'' dated January
17, 2020.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. 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 these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: February 4, 2020.
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,
[[Page 8565]]
painting, treatment, or method of manufacture, and with or without
flanges, doors, or internal or external components (e.g., flooring/
decking, ladders, lifts, electrical buss boxes, electrical cabling,
conduit, cable harness for nacelle generator, interior lighting,
tool and storage lockers) attached to the wind tower section.
Several wind tower sections are normally required to form a
completed wind tower.
Wind towers and sections thereof are included within the scope
whether or not they are joined with non-subject merchandise, such as
nacelles or rotor blades, and whether or not they have internal or
external components attached to the subject merchandise.
Specifically excluded from the scope are nacelles and rotor
blades, regardless of whether they are attached to the wind tower.
Also excluded are any internal or external components which are not
attached to the wind towers or sections thereof, unless those
components are shipped with the tower sections.
Further, excluded from the scope of the antidumping duty
investigation 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. Period of Investigation
IV. Scope Comments
V. Collapsing and Affiliation
VI. Preliminary Negative Determination of Critical Circumstances
VII. Postponement of Final Determination and Extension of
Provisional Measures
VIII. Discussion of the Methodology
IX. Date of Sale
X. Product Comparisons
XI. Export Price and Constructed Export Price
XII. Normal Value
XIII. Currency Conversion
XIV. Recommendation
[FR Doc. 2020-02962 Filed 2-13-20; 8:45 am]
BILLING CODE 3510-DS-P
