Utility Scale Wind Towers From the Socialist Republic of Vietnam: Final Affirmative Countervailing Duty Determination and Negative Determination of Critical Circumstances, 40229-40231 [2020-14528]
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Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the effective date of the suspension
of liquidation, as discussed above in the
‘‘Continuation of Suspension of
Liquidation’’ section.
Notification Regarding Administrative
Protective Orders
This notice serves as a reminder to
parties subject to an administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
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.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 735(d)
and 777(i)(1) of the Act, and 19 CFR
351.210(c).
Dated: June 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
khammond on DSKJM1Z7X2PROD with NOTICES
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
whether they are attached to the wind tower.
VerDate Sep<11>2014
04:41 Jul 03, 2020
Jkt 250001
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 Issues and
Decision Memorandum
I. Summary
II. Background
III. Clarification of the Respondent
IV. Scope of the Investigation
V. Adjustment for Countervailed Export
Subsidies
VI. Application of Adverse Facts Available
VII. Discussion of the Issues
Comment 1: Application of Total Adverse
Facts Available to CS Wind
Comment 2: Critical Circumstances
Comment 3: Moot Issues
VIII. Recommendation
[FR Doc. 2020–14531 Filed 7–2–20; 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: Final
Affirmative Countervailing Duty
Determination and 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 the Socialist Republic of Vietnam
(Vietnam).
DATES: Applicable July 6, 2020.
FOR FURTHER INFORMATION CONTACT:
Davina Friedmann, 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.
AGENCY:
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
40229
SUPPLEMENTARY INFORMATION:
Background
On December 13, 2020, 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
utility scale wind towers from
Vietnam.1 On February 11, 2020,
Commerce published its Preliminary
Determination of Critical Circumstances
in which we found that no critical
circumstances exist for CS Wind or for
all other producers or exporters for
imports of wind towers from Vietnam.2
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, may
be found in the Issues and Decision
Memorandum, which is hereby adopted
by this this notice.3 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.
Period of Investigation
The period of investigation is January
1, 2018 through December 31, 2018.
Scope of the Investigation
The merchandise covered by this
investigation is utility scale wind towers
from Vietnam. For a complete
1 See 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, 84 FR 68104 (December 13,
2019) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum
(Preliminary Decision Memorandum).
2 See Utility Scale Wind Towers from Canada,
Indonesia, and the Socialist Republic of Vietnam;
Countervailing Duty Investigations: Preliminary
Determinations of Critical Circumstances, 85 FR
7724 (February 11, 2020) (Preliminary
Determination of Critical Circumstances).
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Countervailing Duty Investigation of Utility Scale
Wind Towers from the Socialist Republic of
Vietnam,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
E:\FR\FM\06JYN1.SGM
06JYN1
40230
Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices
description of the scope of this
investigation, see Appendix I.
discussion of these changes, see the
Issues and Decision Memorandum.
Scope Comments
Final Negative Determination of
Critical Circumstances
In accordance with section 703(e)(1)
of the Act and 19 CFR 351.206,
Commerce preliminarily determined
that critical circumstances did not exist
with respect to imports of wind towers
from Vietnam because section
703(e)(1)(B) of the Act was not met (i.e.,
U.S. imports did not increase by 15
percent from the base to the comparison
period).7 Our final determination
remains unchanged. Accordingly,
pursuant to section 705(a)(2) of the Act,
we find that critical circumstances do
not exist with respect to imports of
wind towers from Vietnam. For a full
description of the methodology and
results of Commerce’s critical
circumstances analysis, see the Issues
and Decision Memorandum.
As stated in the Preliminary
Determination, no interested parties
commented on the scope of the
investigation as it appeared in the
Initiation Notice.4 Accordingly, the
scope of the investigation remains the
same as it appeared in the Initiation
Notice. See Appendix I of this notice.
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.5 For a
full description of the methodology
underlying our final determination, see
the Issues and Decisions Memorandum.
Verification
As provided in section 782(i) of the
Act, in February 2020, we conducted
verification of the information reported
by the mandatory respondent, CS Wind
Vietnam Co. Ltd. (CS Wind), for use in
Commerce’s final determination. We
used standard verification procedures,
including examination of relevant
accounting records, and original source
documents provided by CS Wind.6
Changes Since the Preliminary
Determination
khammond on DSKJM1Z7X2PROD with NOTICES
Based on our review and analysis of
the comments received from parties and
the results of verification, we made
certain changes to the subsidy rate
calculations for CS Wind. For a
4 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).
5 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.
6 See Commerce Letter, ‘‘Countervailing Duty
Investigation of Utility Scale Wind Towers from the
Socialist Republic of Vietnam,’’ dated March 18,
2020.
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04:41 Jul 03, 2020
Jkt 250001
All-Others Rate
We continue to assign the
countervailable subsidy rate calculated
for CS Wind as the all-others rate
applicable to all exporters and/or
producers not individually examined.8
Final Determination
In accordance with section
705(c)(1)(B)(i) of the Act, we calculated
an individual rate for CS Wind. We
determine the total estimated net
countervailable subsidy rate to be:
Subsidy
rate
Producer/exporter
CS Wind Vietnam Co., Ltd. (a.k.a. CS
Wind Tower Co., Ltd.) 9 .........................
All Others ..................................................
2.84
2.84
Disclosure
We intend to disclose to parties in
this proceeding the calculations
performed for this final determination
within five days of the date of public
announcement of our final
determination, 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, we
instructed U.S. Customs and Border
Protection (CBP) to suspend liquidation
of all entries of subject merchandise, as
described in the scope of the
investigation section, that were entered
7 See Preliminary Determination of Critical
Circumstances.
8 See Preliminary Determination.
9 See Issues and Decision Memorandum at
Section III for additional information.
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
or withdrawn from warehouse, for
consumption, on or after December 13,
2019, the date of publication of the
Preliminary Determination in the
Federal Register. In accordance with
section 703(d) of the Act, we will
instruct 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 (the 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 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 Vietnam no later than
45 days after our final determination. If
the ITC determines that material injury
or threat of material injury does not
exist, the proceeding will be terminated
and all cash deposits will be refunded.
If the ITC determines that material
injury or threat of material injury does
exist, Commerce will issue a CVD order
directing CBP to assess, upon further
instruction by Commerce,
countervailing duties on all imports of
the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
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
E:\FR\FM\06JYN1.SGM
06JYN1
Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices
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).
Dated: June 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
khammond on DSKJM1Z7X2PROD with NOTICES
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
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).
VerDate Sep<11>2014
04:41 Jul 03, 2020
Jkt 250001
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 Issues and Decision
Memorandum
I. Summary
II. Background
III. Clarification of Respondent
IV. Scope of the Investigation
V. Changes from the Preliminary
Determination
VI. Final Negative Determination of Critical
Circumstances
VII. Discussion of the Issues
1: Unreported Affiliated Supplier
2: Import Duty Exemptions on Raw
Materials for Exporting Goods Program
3: Provision of Utilities for LTAR
4: Provision of Electricity for LTAR
5: Land-Use Rights for LTAR
6: Entered Value Adjustment
7: Excessive Indirect Tax Exemptions on
Exports
8: Income Tax Preferences Under Chapter
V of Decree 24
9: Import Duty Exemptions on Imports of
Equipment and Machinery to Create
Fixed Assets
10: Non-Verification of the Government of
Vietnam
VIII. Recommendation
[FR Doc. 2020–14528 Filed 7–2–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–833]
Utility Scale Wind Towers From
Indonesia: Final Determination of
Sales at Less Than Fair Value and
Final Negative Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
utility scale wind towers (wind towers)
from Indonesia are being, or are likely
to be, sold in the United States at less
than fair value (LTFV) for the period of
investigation July 1, 2018 through June
30, 2019.
DATES: Applicable July 6, 2020.
AGENCY:
PO 00000
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Sfmt 4703
40231
FOR FURTHER INFORMATION CONTACT:
Brittany Bauer or Benjamin Luberda,
AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3860 or
(202) 482–2185, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 14, 2020, Commerce
published in the Federal Register the
Preliminary Determination of sales at
LTFV of wind towers from Indonesia, in
which we also postponed the final
determination until June 29, 2020.1 We
invited interested parties to comment on
the Preliminary Determination. 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, may
be found in the Issues and Decision
Memorandum.2
Scope of the Investigation
The product covered by this
investigation is wind towers from
Indonesia. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation’’ in
Appendix I of this notice.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by parties in
this investigation are addressed in the
Issues and Decision Memorandum. A
list of the issues addressed in the Issues
and Decision Memorandum is attached
to this notice as Appendix II. 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/.
1 See Utility Scale Wind Towers from Indonesia:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Preliminary Negative
Determination of Critical Circumstances,
Postponement of Final Determination, and
Extension of Provisional Measures, 84 FR 8558
(February 14, 2020) (Preliminary Determination),
and accompanying Preliminary Decision
Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Utility Scale Wind Towers from
Indonesia,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
E:\FR\FM\06JYN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Notices]
[Pages 40229-40231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14528]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-552-826]
Utility Scale Wind Towers From the Socialist Republic of Vietnam:
Final Affirmative Countervailing Duty Determination and 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 the Socialist Republic
of Vietnam (Vietnam).
DATES: Applicable July 6, 2020.
FOR FURTHER INFORMATION CONTACT: Davina Friedmann, 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.
SUPPLEMENTARY INFORMATION:
Background
On December 13, 2020, 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 utility scale wind towers from Vietnam.\1\ On February
11, 2020, Commerce published its Preliminary Determination of Critical
Circumstances in which we found that no critical circumstances exist
for CS Wind or for all other producers or exporters for imports of wind
towers from Vietnam.\2\
---------------------------------------------------------------------------
\1\ See 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, 84 FR 68104 (December 13, 2019) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(Preliminary Decision Memorandum).
\2\ See Utility Scale Wind Towers from Canada, Indonesia, and
the Socialist Republic of Vietnam; Countervailing Duty
Investigations: Preliminary Determinations of Critical
Circumstances, 85 FR 7724 (February 11, 2020) (Preliminary
Determination of Critical Circumstances).
---------------------------------------------------------------------------
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, may be found in the
Issues and Decision Memorandum, which is hereby adopted by this this
notice.\3\ 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.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination in the Countervailing Duty Investigation of
Utility Scale Wind Towers from the Socialist Republic of Vietnam,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is January 1, 2018 through December 31,
2018.
Scope of the Investigation
The merchandise covered by this investigation is utility scale wind
towers from Vietnam. For a complete
[[Page 40230]]
description of the scope of this investigation, see Appendix I.
Scope Comments
As stated in the Preliminary Determination, no interested parties
commented on the scope of the investigation as it appeared in the
Initiation Notice.\4\ Accordingly, the scope of the investigation
remains the same as it appeared in the Initiation Notice. See Appendix
I of this notice.
---------------------------------------------------------------------------
\4\ 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).
---------------------------------------------------------------------------
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.\5\ For a full description of the methodology underlying our
final determination, see the Issues and Decisions Memorandum.
---------------------------------------------------------------------------
\5\ 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 reported by the mandatory
respondent, CS Wind Vietnam Co. Ltd. (CS Wind), for use in Commerce's
final determination. We used standard verification procedures,
including examination of relevant accounting records, and original
source documents provided by CS Wind.\6\
---------------------------------------------------------------------------
\6\ See Commerce Letter, ``Countervailing Duty Investigation of
Utility Scale Wind Towers from the Socialist Republic of Vietnam,''
dated March 18, 2020.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
parties and the results of verification, we made certain changes to the
subsidy rate calculations for CS Wind. For a discussion of these
changes, see the Issues and Decision Memorandum.
Final Negative Determination of Critical Circumstances
In accordance with section 703(e)(1) of the Act and 19 CFR 351.206,
Commerce preliminarily determined that critical circumstances did not
exist with respect to imports of wind towers from Vietnam because
section 703(e)(1)(B) of the Act was not met (i.e., U.S. imports did not
increase by 15 percent from the base to the comparison period).\7\ Our
final determination remains unchanged. Accordingly, pursuant to section
705(a)(2) of the Act, we find that critical circumstances do not exist
with respect to imports of wind towers from Vietnam. For a full
description of the methodology and results of Commerce's critical
circumstances analysis, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\7\ See Preliminary Determination of Critical Circumstances.
---------------------------------------------------------------------------
All-Others Rate
We continue to assign the countervailable subsidy rate calculated
for CS Wind as the all-others rate applicable to all exporters and/or
producers not individually examined.\8\
---------------------------------------------------------------------------
\8\ See Preliminary Determination.
---------------------------------------------------------------------------
Final Determination
In accordance with section 705(c)(1)(B)(i) of the Act, we
calculated an individual rate for CS Wind. We determine the total
estimated net countervailable subsidy rate to be:
------------------------------------------------------------------------
Subsidy
Producer/exporter rate
------------------------------------------------------------------------
CS Wind Vietnam Co., Ltd. (a.k.a. CS Wind Tower Co., Ltd.) \9\ 2.84
All Others.................................................... 2.84
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\9\ See Issues and Decision Memorandum at Section III for
additional information.
---------------------------------------------------------------------------
We intend to disclose to parties in this proceeding the
calculations performed for this final determination within five days of
the date of public announcement of our final determination, 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, we instructed U.S. Customs
and Border Protection (CBP) to suspend liquidation of all 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, the date of publication of
the Preliminary Determination in the Federal Register. In accordance
with section 703(d) of the Act, we will instruct 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 (the 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
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 Vietnam no later than 45 days after our final determination. If
the ITC determines that material injury or threat of material injury
does not exist, the proceeding will be terminated and all cash deposits
will be refunded. If the ITC determines that material injury or threat
of material injury does exist, Commerce will issue a CVD order
directing CBP to assess, upon further instruction by Commerce,
countervailing duties on all imports of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
effective date of the suspension of liquidation, as discussed above in
the ``Continuation of Suspension of Liquidation'' section.
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
[[Page 40231]]
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).
Dated: June 29, 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 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 Issues and Decision
Memorandum
I. Summary
II. Background
III. Clarification of Respondent
IV. Scope of the Investigation
V. Changes from the Preliminary Determination
VI. Final Negative Determination of Critical Circumstances
VII. Discussion of the Issues
1: Unreported Affiliated Supplier
2: Import Duty Exemptions on Raw Materials for Exporting Goods
Program
3: Provision of Utilities for LTAR
4: Provision of Electricity for LTAR
5: Land-Use Rights for LTAR
6: Entered Value Adjustment
7: Excessive Indirect Tax Exemptions on Exports
8: Income Tax Preferences Under Chapter V of Decree 24
9: Import Duty Exemptions on Imports of Equipment and Machinery
to Create Fixed Assets
10: Non-Verification of the Government of Vietnam
VIII. Recommendation
[FR Doc. 2020-14528 Filed 7-2-20; 8:45 am]
BILLING CODE 3510-DS-P
