Utility Scale Wind Towers From Canada: Final Affirmative Countervailing Duty Determination and Final Negative Determination of Critical Circumstances, 40245-40247 [2020-14439]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices 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 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. DEPARTMENT OF COMMERCE Appendix II Background List of Topics Discussed in the Issues and Decision Memorandum On December 13, 2019, Commerce published the Preliminary Determination of the countervailing duty (CVD) investigation, which aligned the final determination in this CVD investigation with the final determination in the companion antidumping duty (AD) investigation of wind towers from Canada.1 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, are discussed in the Issues and Decision Memorandum.2 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. In addition, a I. Summary II. Background III. Scope of the Investigation IV. Margin Calculations V. Final Affirmative Determination of Critical Circumstances VI. Discussion of the Issues 1. Whether to Apply Total Adverse Facts Available (AFA) to Dongkuk S&C Co., Ltd. (Dongkuk) 2. Using Constructed Value (CV) as the Basis for Normal Value (NV) 3. Treatment of Additional Revenues for U.S. Sales 4. Treatment of Other Revenues for U.S. Sales 5. Exclusion of Pre-POI Third Country Shipment 6. Proposed Revisions to the Critical Circumstances Analysis 7. Steel Plate Cost Adjustment 8. Calculation of CV Profit and Selling Expenses 9. Calculation of the General and Administrative (G&A) and Indirect Selling Expense Ratios 10. Treatment of Scrap Offset VII. Recommendation [FR Doc. 2020–14438 Filed 7–2–20; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 04:41 Jul 03, 2020 Jkt 250001 International Trade Administration [C–122–868] Utility Scale Wind Towers From Canada: Final Affirmative Countervailing Duty Determination and Final Negative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of utility scale wind towers (wind towers) from Canada. DATES: Applicable July 6, 2020. FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Moses Song, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1121 or (202) 482–7885, respectively. AGENCY: SUPPLEMENTARY INFORMATION: 1 See Utility Scale Wind Towers from Canada: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 84 FR 68126 (December 13, 2019) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Issues and Decisions Memorandum for the Final Determination of the Countervailing Duty Investigation of Utility Scale Wind Towers from Canada,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decisions Memorandum). PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 40245 complete version of the Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/ frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Period of Investigation The period of investigation is January 1, 2018 through December 31, 2018. Scope of the Investigation The products covered by this investigation are wind towers from Canada. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation, and the concurrent AD and CVD investigations of wind towers from Canada, Indonesia, the Republic of Korea, and the Socialist Republic of Vietnam, Commerce did not receive scope comments from interested parties. Accordingly, Commerce preliminarily did not modify the scope language as it appeared in the Initiation Notice.3 Additionally, because we received no scope comments from interested parties for this final determination, we made no changes to the scope of these investigations from that published in the Preliminary Determination. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues that parties raised is attached to this notice as Appendix II. Methodology Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.4 For a full description of the methodology 3 See 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, 85 FR 8563 (February 14, 2020). 4 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. E:\FR\FM\06JYN1.SGM 06JYN1 40246 Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices underlying our final determination, see the Issues and Decision Memorandum. Verification As provided in section 782(i) of the Act, in February 2020, we conducted verification of the information submitted by the mandatory respondent, Marmen Inc. and Marmen E´nergie Inc., and cross-owned affiliate Gestion Marmen (collectively, Marmen), for use in Commerce’s final determination. We used standard verification procedures, including an examination of relevant accounting records and original source documents provided by the respondents.5 As explained in the Issues and decision Memorandum, we did not conduct verification of the responses of the Government of Canada, Government of Quebec, or the Government of Ontario.6 Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties and our verification findings, we made certain changes to the subsidy rate calculations for Marmen. For a discussion of these changes, See the Issues and Decision Memorandum. khammond on DSKJM1Z7X2PROD with NOTICES Final Negative Determination of Critical Circumstances On February 11, Commerce published a preliminary negative determination of critical circumstances with respect to imports of wind towers from Canada.7 In Preliminary Determinations of Critical Circumstances, Commerce determined, pursuant to section 703(e)(1) of the Act, that based on information provided in the critical circumstances allegation, critical circumstances did not exist with respect to imports of wind towers from Canada. We received no comments regarding the preliminary negative determination of critical circumstances in this investigation. For this final determination, we continue to find that critical circumstances do not exist with respect to imports of wind towers from Canada. For a full description of the methodology and results of Commerce’s analysis, see Preliminary Determinations of Critical 5 See Memorandum, ‘‘Verification of the Questionnaire Responses of Marmen Inc., Marmen E´nergie Inc., and Gestion Marmen,’’ dated April 16, 2020. 6 See Issues and Decision Memorandum at 3 and Comment 1. 7 See Utility Scale Wind Towers from Canada, Indonesia, and the Socialist Republic of Vietnam; Countervailing Duty Investigations: Preliminary Determinations of Critical Circumstances, 28 FR 7724 (February 11, 2020) (Preliminary Determinations of Critical Circumstances). VerDate Sep<11>2014 04:41 Jul 03, 2020 Jkt 250001 Circumstances and the accompanying proprietary Critical Circumstances Calculation Memorandum.8 All-Others Rate We continue to assign the countervailable subsidy rate calculated for Marmen as the all-others rate applicable to all exporters and/or producers not individually examined.9 Final Determination In accordance with section 705(c)(1)(B)(i)(I) of the Act, we calculated an individual estimated subsidy rate for Marmen. We determine the total estimated net countervailable subsidy rate to be: Producer/exporter Subsidy rate (percent) of all entries from December 13, 2019 through April 10, 2020. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a CVD order, reinstate the suspension of liquidation under section 706(a) of the Act, and will require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. Because the final 1.18 determination in this proceeding is 1.18 affirmative, in accordance with section 705(b) of the Act, the ITC will make its final determination as to whether the Disclosure domestic industry in the United States We intend to disclose to interested is materially injured, or threatened with parties the calculations and analysis material injury, by reason of imports of performed in this final determination wind towers from Canada no later than within five days of the date of the 45 days after our final determination. In publication of this notice in accordance addition, we are making available to the with 19 CFR 351.224(b). ITC all non-privileged and Continuation of Suspension of nonproprietary information related to Liquidation this investigation. We will allow the ITC access to all privileged and business As a result of our Preliminary Determination, and pursuant to sections proprietary information in our files, provided the ITC confirms that it will 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. Customs and not disclose such information, either publicly or under an administrative Border Protection (CBP) to suspend protective order (APO), without the liquidation of entries of subject written consent of the Assistant merchandise, as described in the scope Secretary for Enforcement and of the investigation section, that were Compliance. entered or withdrawn from warehouse for consumption on or after December Notification Regarding Administrative 13, 2019, which is the date of the Protective Orders publication of the Preliminary In the event the ITC issues a final Determination in the Federal Register. In accordance with section 703(d) of the negative injury determination, this notice serves as the only reminder to Act, we issued instructions to CBP to parties subject to an APO of their discontinue the suspension of responsibility concerning the liquidation for countervailing duty (CVD) purposes for subject merchandise destruction of proprietary information entered, or withdrawn from warehouse, disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely on or after April 11, 2020, but to written notification of the return or continue the suspension of liquidation destruction of APO materials, or 8 See Memorandum, ‘‘Calculations for conversion to judicial protective order, Preliminary Determination of Critical is hereby requested. Failure to comply Circumstances in the Countervailing Duty with the regulations and terms of an Investigation of Utility-Wind Towers from Canada,’’ APO is a violation subject to sanction. dated February 4, 2020 (Critical Circumstances Marmen Inc., MarmenE´nergie Inc., and Gestion Marmen Inc.10 ....................................... All Others .................................... Calculation Memorandum). 9 See Preliminary Determination. 10 As discussed in the Preliminary Determination, Commerce found the following companies to be cross-owned with Marmen Inc.: MarmenE´nergie, Inc. and Gestion Marmen Inc. No party commented on this finding in the case briefs. PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act and 19 CFR 351.210(c). E:\FR\FM\06JYN1.SGM 06JYN1 Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices Dated: June 29, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix II—List of Topics Discussed in the Final Decision Memorandum khammond on DSKJM1Z7X2PROD with NOTICES Appendix I—Scope of the Investigation The merchandise covered by these investigations consists of certain wind towers, whether or not tapered, and sections thereof. Certain wind towers support the nacelle and rotor blades in a wind turbine with a minimum rated electrical power generation capacity in excess of 100 kilowatts and with a minimum height of 50 meters measured from the base of the tower to the bottom of the nacelle (i.e., where the top of the tower and nacelle are joined) when fully assembled. A wind tower section consists of, at a minimum, multiple steel plates rolled into cylindrical or conical shapes and welded together (or otherwise attached) to form a steel shell, regardless of coating, end-finish, painting, treatment, or method of manufacture, and with or without flanges, doors, or internal or external components (e.g., flooring/decking, ladders, lifts, electrical buss boxes, electrical cabling, conduit, cable harness for nacelle generator, interior lighting, tool and storage lockers) attached to the wind tower section. Several wind tower sections are normally required to form a completed wind tower. Wind towers and sections thereof are included within the scope whether or not they are joined with non-subject merchandise, such as nacelles or rotor blades, and whether or not they have internal or external components attached to the subject merchandise. Specifically excluded from the scope are nacelles and rotor blades, regardless of whether they are attached to the wind tower. Also excluded are any internal or external components which are not attached to the wind towers or sections thereof, unless those components are shipped with the tower sections. Further, excluded from the scope of the antidumping duty investigations are any products covered by the existing antidumping duty order on utility scale wind towers from the Socialist Republic of Vietnam. See Utility Scale Wind Towers from the Socialist Republic of Vietnam: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 78 FR 11150 (February 15, 2013). Merchandise covered by these investigations is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheading 7308.20.0020 or 8502.31.0000. Wind towers of iron or steel are classified under HTSUS 7308.20.0020 when imported separately as a tower or tower section(s). Wind towers may be classified under HTSUS 8502.31.0000 when imported as combination goods with a wind turbine (i.e., accompanying nacelles and/or rotor blades). While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigations is dispositive. VerDate Sep<11>2014 04:41 Jul 03, 2020 Jkt 250001 I. Summary II. Background III. Scope of the Investigation IV. Scope Comments V. Use of Facts Otherwise Available VI. Subsidies Valuation Information VII. Analysis of Programs VIII. Analysis of Comments Comment 1: Whether Commerce Should Rely on Facts Available to Determine Non-Countervailability, Non-Use, and Benefits of the Programs Under Investigation in the Absence of the Government Verifications Comment 2: Whether the Federal ACCA and Quebec ACCA for Class 29 Assets Programs are Specific Comment 3: Whether the Additional Depreciation for Class 1 Assets Program is Specific and Provides a Countervailable Benefit Comment 4: Whether the Ontario LCR Program Provided Countervailable Subsidies to Marmen during the POI Comment 5: Whether the Quebec LCR Program Provided Countervailable Subsidies to Marmen during the POI Comment 6: Whether Marmen’s Total Sales Denominator Should Be Revised to Reflect Marmen’s Total Sales as Expressed in Canadian Dollars Comment 7: Whether Marmen’s Other Wind—Time-Billed Activities, Repair Charges, Early Payment Discounts, Deferred Revenue, Inter-Company Revenues, and Other Non-Production Related Income Should Be Included in Marmen’s Total Sales Denominator Comment 8: Whether Additional Income Taxes Paid by Marmen during the POI on the Previous Year’s GASPE´TC Should Be Deducted from Marmen’s POI GASPE´TC Benefit Comment 9: Tax credit for On-The-Job Training IX. Recommendation [FR Doc. 2020–14439 Filed 7–2–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–867] Large Power Transformers From the Republic of Korea: Notice of Court Decision Not in Harmony with Final Results, Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 26, 2020, the Court of International Trade (CIT) sustained the final remand results pertaining to the administrative review of the antidumping duty order on large power transformers (LPTs) from the Republic of Korea (Korea) covering the period AGENCY: PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 40247 August 1, 2013 through July 31, 2014. The Department of Commerce (Commerce) is notifying the public that the final judgment in this case is not in harmony with the final results and notice of amended final results of the administrative review and that Commerce is amending the amended final results with respect to the dumping margins assigned to Hyundai Heavy Industries Co., Ltd. and Hyundai Corporation USA, and the non-selected respondent companies ILJIN, ILJIN Electric Co., Ltd., and LSIS Co., Ltd. DATES: Applicable June 5, 2020. FOR FURTHER INFORMATION CONTACT: John K. Drury, 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) 482–0195. SUPPLEMENTARY INFORMATION: Background On March 16, 2016, Commerce issued the Final Results.1 In the Final Results, Commerce assigned dumping margins of 9.40 percent and 4.07 percent to Hyosung Corporation (Hyosung) and Hyundai Heavy Industries Co., Ltd. (HHI) and Hyundai, USA (Hyundai USA) (collectively, Hyundai), respectively.2 Upon consideration of various ministerial error allegations, Commerce issued the Amended Final Results on May 5, 2016, and calculated a weighted-average margin of 7.89 percent for Hyosung, and margins of 5.98 percent for ILJIN, ILJIN Electric, and LSIS.3 Hyosung and Hyundai are Korean producers/exporters of LPTs and were mandatory respondents in the underlying administrative review, while ILJIN, ILJIN Electric, and LSIS are Korean producers/exporters of LPTs which were not selected for review. On October 10, 2017, the CIT remanded various aspects of the Final Results and Amended Final Results to Commerce.4 Specifically, the CIT instructed Commerce to clarify the 1 See Large Power Transformers from the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2013–2014, 81 FR 14087 (March 16, 2016) (Final Results) and accompanying Issues and Decision Memorandum. 2 Commerce also assessed margins of 6.74 percent on ILJIN Electric Co., Ltd. (ILJIN Electric), ILJIN, and LSIS Co., Ltd. (LSIS), based on the margins calculated for Hyosung and Hyundai. See Final Results. 3 See Large Power Transformers from the Republic of Korea: Amended Final Results of Antidumping Duty Administrative Review; 2013– 2014, 81 FR 27088 (May 5, 2016) (Amended Final Results) 4 See ABB INC. v. United States, Slip Op. 17–138 (CIT, October 10, 2017) (Remand Order) E:\FR\FM\06JYN1.SGM 06JYN1

Agencies

[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Notices]
[Pages 40245-40247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14439]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-868]


Utility Scale Wind Towers From Canada: Final Affirmative 
Countervailing Duty Determination and Final Negative Determination of 
Critical Circumstances

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of utility scale wind towers (wind towers) from Canada.

DATES: Applicable July 6, 2020.

FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Moses Song, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1121 or (202) 482-7885, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 13, 2019, Commerce published the Preliminary 
Determination of the countervailing duty (CVD) investigation, which 
aligned the final determination in this CVD investigation with the 
final determination in the companion antidumping duty (AD) 
investigation of wind towers from Canada.\1\
---------------------------------------------------------------------------

    \1\ See Utility Scale Wind Towers from Canada: Preliminary 
Affirmative Countervailing Duty Determination, and Alignment of 
Final Determination With Final Antidumping Duty Determination, 84 FR 
68126 (December 13, 2019) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum (PDM).
---------------------------------------------------------------------------

    A summary of the events that occurred since Commerce published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, are discussed in the 
Issues and Decision Memorandum.\2\ 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. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Issues and Decisions Memorandum for the 
Final Determination of the Countervailing Duty Investigation of 
Utility Scale Wind Towers from Canada,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and Decisions 
Memorandum).
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Period of Investigation

    The period of investigation is January 1, 2018 through December 31, 
2018.

Scope of the Investigation

    The products covered by this investigation are wind towers from 
Canada. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    During the course of this investigation, and the concurrent AD and 
CVD investigations of wind towers from Canada, Indonesia, the Republic 
of Korea, and the Socialist Republic of Vietnam, Commerce did not 
receive scope comments from interested parties. Accordingly, Commerce 
preliminarily did not modify the scope language as it appeared in the 
Initiation Notice.\3\ Additionally, because we received no scope 
comments from interested parties for this final determination, we made 
no changes to the scope of these investigations from that published in 
the Preliminary Determination.
---------------------------------------------------------------------------

    \3\ See 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, 85 FR 8563 (February 14, 2020).
---------------------------------------------------------------------------

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum. A list of the issues 
that parties raised is attached to this notice as Appendix II.

Methodology

    Commerce conducted this investigation in accordance with section 
701 of the Tariff Act of 1930, as amended (the Act). For each of the 
subsidy programs found countervailable, Commerce determines that there 
is a subsidy, i.e., a financial contribution by an ``authority'' that 
gives rise to a benefit to the recipient, and that the subsidy is 
specific.\4\ For a full description of the methodology

[[Page 40246]]

underlying our final determination, see the Issues and Decision 
Memorandum.
---------------------------------------------------------------------------

    \4\ 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.
---------------------------------------------------------------------------

Verification

    As provided in section 782(i) of the Act, in February 2020, we 
conducted verification of the information submitted by the mandatory 
respondent, Marmen Inc. and Marmen [Eacute]nergie Inc., and cross-owned 
affiliate Gestion Marmen (collectively, Marmen), for use in Commerce's 
final determination. We used standard verification procedures, 
including an examination of relevant accounting records and original 
source documents provided by the respondents.\5\ As explained in the 
Issues and decision Memorandum, we did not conduct verification of the 
responses of the Government of Canada, Government of Quebec, or the 
Government of Ontario.\6\
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    \5\ See Memorandum, ``Verification of the Questionnaire 
Responses of Marmen Inc., Marmen [Eacute]nergie Inc., and Gestion 
Marmen,'' dated April 16, 2020.
    \6\ See Issues and Decision Memorandum at 3 and Comment 1.
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Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties and our verification findings, we made certain changes to the 
subsidy rate calculations for Marmen. For a discussion of these 
changes, See the Issues and Decision Memorandum.

Final Negative Determination of Critical Circumstances

    On February 11, Commerce published a preliminary negative 
determination of critical circumstances with respect to imports of wind 
towers from Canada.\7\ In Preliminary Determinations of Critical 
Circumstances, Commerce determined, pursuant to section 703(e)(1) of 
the Act, that based on information provided in the critical 
circumstances allegation, critical circumstances did not exist with 
respect to imports of wind towers from Canada. We received no comments 
regarding the preliminary negative determination of critical 
circumstances in this investigation. For this final determination, we 
continue to find that critical circumstances do not exist with respect 
to imports of wind towers from Canada. For a full description of the 
methodology and results of Commerce's analysis, see Preliminary 
Determinations of Critical Circumstances and the accompanying 
proprietary Critical Circumstances Calculation Memorandum.\8\
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    \7\ See Utility Scale Wind Towers from Canada, Indonesia, and 
the Socialist Republic of Vietnam; Countervailing Duty 
Investigations: Preliminary Determinations of Critical 
Circumstances, 28 FR 7724 (February 11, 2020) (Preliminary 
Determinations of Critical Circumstances).
    \8\ See Memorandum, ``Calculations for Preliminary Determination 
of Critical Circumstances in the Countervailing Duty Investigation 
of Utility-Wind Towers from Canada,'' dated February 4, 2020 
(Critical Circumstances Calculation Memorandum).
---------------------------------------------------------------------------

All-Others Rate

    We continue to assign the countervailable subsidy rate calculated 
for Marmen as the all-others rate applicable to all exporters and/or 
producers not individually examined.\9\
---------------------------------------------------------------------------

    \9\ See Preliminary Determination.
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Final Determination

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we 
calculated an individual estimated subsidy rate for Marmen. We 
determine the total estimated net countervailable subsidy rate to be:
---------------------------------------------------------------------------

    \10\ As discussed in the Preliminary Determination, Commerce 
found the following companies to be cross-owned with Marmen Inc.: 
Marmen[Eacute]nergie, Inc. and Gestion Marmen Inc. No party 
commented on this finding in the case briefs.

------------------------------------------------------------------------
                                                                Subsidy
                      Producer/exporter                          rate
                                                               (percent)
------------------------------------------------------------------------
Marmen Inc., Marmen[Eacute]nergie Inc., and Gestion Marmen          1.18
 Inc.\10\...................................................
All Others..................................................        1.18
------------------------------------------------------------------------

Disclosure

    We intend to disclose to interested parties the calculations and 
analysis performed in this final determination within five days of the 
date of the publication of this notice in accordance with 19 CFR 
351.224(b).

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination, and pursuant to 
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. 
Customs and Border Protection (CBP) to suspend liquidation of entries 
of subject merchandise, as described in the scope of the investigation 
section, that were entered or withdrawn from warehouse for consumption 
on or after December 13, 2019, which is the date of the publication of 
the Preliminary Determination in the Federal Register. In accordance 
with section 703(d) of the Act, we issued instructions to CBP to 
discontinue the suspension of liquidation for countervailing duty (CVD) 
purposes for subject merchandise entered, or withdrawn from warehouse, 
on or after April 11, 2020, but to continue the suspension of 
liquidation of all entries from December 13, 2019 through April 10, 
2020.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a CVD order, reinstate 
the suspension of liquidation under section 706(a) of the Act, and will 
require a cash deposit of estimated countervailing duties for such 
entries of subject merchandise in the amounts indicated above. If the 
ITC determines that material injury, or threat of material injury, does 
not exist, this proceeding will be terminated and all estimated duties 
deposited or securities posted as a result of the suspension of 
liquidation will be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. Because the final determination in this 
proceeding is affirmative, in accordance with section 705(b) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports of wind towers 
from Canada no later than 45 days after our final determination. In 
addition, we are making available to the ITC all non-privileged and 
nonproprietary information related to this investigation. We will allow 
the ITC access to all privileged and business proprietary information 
in our files, provided the ITC confirms that it will not disclose such 
information, either publicly or under an administrative protective 
order (APO), without the written consent of the Assistant Secretary for 
Enforcement and Compliance.

Notification Regarding Administrative Protective Orders

    In the event the ITC issues a final negative injury determination, 
this notice serves as the only reminder to parties subject to an APO of 
their responsibility concerning the destruction of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return or destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation subject to sanction.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act and 19 CFR 351.210(c).


[[Page 40247]]


    Dated: June 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The merchandise covered by these investigations consists of 
certain wind towers, whether or not tapered, and sections thereof. 
Certain wind towers support the nacelle and rotor blades in a wind 
turbine with a minimum rated electrical power generation capacity in 
excess of 100 kilowatts and with a minimum height of 50 meters 
measured from the base of the tower to the bottom of the nacelle 
(i.e., where the top of the tower and nacelle are joined) when fully 
assembled.
    A wind tower section consists of, at a minimum, multiple steel 
plates rolled into cylindrical or conical shapes and welded together 
(or otherwise attached) to form a steel shell, regardless of 
coating, end-finish, painting, treatment, or method of manufacture, 
and with or without flanges, doors, or internal or external 
components (e.g., flooring/decking, ladders, lifts, electrical buss 
boxes, electrical cabling, conduit, cable harness for nacelle 
generator, interior lighting, tool and storage lockers) attached to 
the wind tower section. Several wind tower sections are normally 
required to form a completed wind tower.
    Wind towers and sections thereof are included within the scope 
whether or not they are joined with non-subject merchandise, such as 
nacelles or rotor blades, and whether or not they have internal or 
external components attached to the subject merchandise.
    Specifically excluded from the scope are nacelles and rotor 
blades, regardless of whether they are attached to the wind tower. 
Also excluded are any internal or external components which are not 
attached to the wind towers or sections thereof, unless those 
components are shipped with the tower sections.
    Further, excluded from the scope of the antidumping duty 
investigations are any products covered by the existing antidumping 
duty order on utility scale wind towers from the Socialist Republic 
of Vietnam. See Utility Scale Wind Towers from the Socialist 
Republic of Vietnam: Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order, 78 FR 11150 (February 
15, 2013).
    Merchandise covered by these investigations is currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under subheading 7308.20.0020 or 8502.31.0000. Wind towers 
of iron or steel are classified under HTSUS 7308.20.0020 when 
imported separately as a tower or tower section(s). Wind towers may 
be classified under HTSUS 8502.31.0000 when imported as combination 
goods with a wind turbine (i.e., accompanying nacelles and/or rotor 
blades). While the HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the scope of the 
investigations is dispositive.

Appendix II--List of Topics Discussed in the Final Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Use of Facts Otherwise Available
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Analysis of Comments
    Comment 1: Whether Commerce Should Rely on Facts Available to 
Determine Non-Countervailability, Non-Use, and Benefits of the 
Programs Under Investigation in the Absence of the Government 
Verifications
Comment 2: Whether the Federal ACCA and Quebec ACCA for Class 29 
Assets Programs are Specific
    Comment 3: Whether the Additional Depreciation for Class 1 
Assets Program is Specific and Provides a Countervailable Benefit
    Comment 4: Whether the Ontario LCR Program Provided 
Countervailable Subsidies to Marmen during the POI
    Comment 5: Whether the Quebec LCR Program Provided 
Countervailable Subsidies to Marmen during the POI
    Comment 6: Whether Marmen's Total Sales Denominator Should Be 
Revised to Reflect Marmen's Total Sales as Expressed in Canadian 
Dollars
    Comment 7: Whether Marmen's Other Wind--Time-Billed Activities, 
Repair Charges, Early Payment Discounts, Deferred Revenue, Inter-
Company Revenues, and Other Non-Production Related Income Should Be 
Included in Marmen's Total Sales Denominator
    Comment 8: Whether Additional Income Taxes Paid by Marmen during 
the POI on the Previous Year's GASP[Eacute]TC Should Be Deducted 
from Marmen's POI GASP[Eacute]TC Benefit
    Comment 9: Tax credit for On-The-Job Training
IX. Recommendation

[FR Doc. 2020-14439 Filed 7-2-20; 8:45 am]
BILLING CODE 3510-DS-P

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