Utility Scale Wind Towers From Canada: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 40239-40241 [2020-14530]
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40239
Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices
Canada. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation’’ in
Appendix I of this notice.
[FR Doc. 2020–14418 Filed 7–2–20; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–867]
Utility Scale Wind Towers From
Canada: 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 Canada 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.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney, 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.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 14, 2020, Commerce
published in the Federal Register the
Preliminary Determination of sales at
LTFV of wind towers from Canada, 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
khammond on DSKJM1Z7X2PROD with NOTICES
Scope of the Investigation
The product covered by this
investigation is wind towers from
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
Analysis of Comments Received
producers and exporters not
individually investigated shall be equal
All issues raised in the case and
to the weighted average of the estimated
rebuttal briefs submitted by parties in
weighted-average dumping margins
this investigation are addressed in the
established for exporters and producers
Issues and Decision Memorandum. A
list of the issues addressed in the Issues individually investigated excluding
rates that are zero, de minimis, or
and Decision Memorandum is attached
to this notice as Appendix II. The Issues determined entirely under section 776
of the Act. Marmen Inc., Marmen
and Decision Memorandum is a public
E´nergie Inc., and Marmen Energy Co.
document and is on file electronically
(collectively,
the Marmen Group) is the
via Enforcement and Compliance’s
only respondent for which Commerce
Antidumping and Countervailing Duty
calculated an estimated weightedCentralized Electronic Service System
average dumping margin that is not
(ACCESS). ACCESS is available to
zero, de minimis, or based entirely on
registered users at https://
access.trade.gov. In addition, a complete facts otherwise available. Therefore, for
version of the Issues and Decision
purposes of determining the all-others
Memorandum can be accessed directly
rate, and pursuant to section
at https://enforcement.trade.gov/frn/.
735(c)(5)(A) of the Act, we are using the
The signed and electronic versions of
estimated weighted-average dumping
the Issues and Decision Memorandum
margin calculated for the Marmen
are identical in content.
Group, as referenced in the ‘‘Final
Determination’’ section below.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
Commerce normally verifies
information relied upon in making its
final determination; however, we were
unable to conduct verification in this
investigation.3 Pursuant to section
776(a)(2)(D) of the Act, in situations
where information has been provided
but the information cannot be verified,
Commerce will use ‘‘facts otherwise
available’’ in reaching the applicable
determination. Accordingly, we have
relied on facts available in making our
final determination.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received, we have made
certain changes to the margin
calculation for the respondent. For a
discussion of these changes, see the
‘‘Margin Calculations’’ section of the
Issues and Decision Memorandum.
Final Negative Determination of
Critical Circumstances
In accordance with section 733(e)(1)
of the Act and 19 CFR 351.206, we
preliminarily determined that critical
circumstances did not exist with respect
to imports of wind towers from Canada
because section 773(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). Our final
determination remains unchanged.
Accordingly, pursuant to section
735(a)(3) of the Act, we 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
critical circumstances analysis, see the
Issues and Decision Memorandum.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Exporter or producer
Weighted-average
dumping margin
(percent)
Cash deposit rate
(adjusted for
subsidy offset)
(percent) 4
Marmen lnc./Marmen Energie Inc ...........................................................................................
4.94
4.94
1 See Utility Scale Wind Towers from Canada:
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, 85 FR 8562
(February 14, 2020) (Preliminary Determination),
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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
Canada,’’ dated concurrently with, and hereby
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Sfmt 4703
adopted by, this notice (Issues and Decision
Memorandum).
3 See Memorandum, ‘‘Antidumping Duty
Investigation of Utility Scale Wind Towers from
Canada—Cancellation of Verification,’’ dated April
10, 2020.
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Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices
Exporter or producer
Weighted-average
dumping margin
(percent)
Cash deposit rate
(adjusted for
subsidy offset)
(percent) 4
All Others .................................................................................................................................
4.94
4.94
Disclosure
We intend to disclose the calculations
performed in this final determination
within five days of the date of
publication of this notice to parties in
this proceeding, in accordance with 19
CFR 351.224(b).
Continuation of Suspension of
Liquidation
khammond on DSKJM1Z7X2PROD with NOTICES
In accordance with section
735(c)(1)(B) of the Act, for this final
determination, we will direct U.S.
Customs and Border Protection (CBP) to
continue to suspend liquidation of all
entries of wind towers, as described in
Appendix I of this notice, which are
entered, or withdrawn from warehouse,
for consumption on or after February 14,
2020, the date of publication in the
Federal Register of the affirmative
Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), we will
instruct CBP to require a cash deposit
for such entries of merchandise equal to
the estimated weighted-average
dumping margin as follows: (1) The
cash deposit rate for the company listed
in the table above will be equal to the
company-specific estimated weightedaverage dumping margin identified for
that company in the table; (2) if the
exporter is not a company 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. These suspension of liquidation
instructions will remain in effect until
further notice.
4 In the companion countervailing duty (CVD)
investigation, Commerce calculated a 0.00 percent
export subsidy rate for the Marmen Group and for
all other producers and exporters. See unpublished
Federal Register notice titled ‘‘Utility Scale Wind
Towers from Canada: Final Affirmative
Countervailing Duty Determination and Negative
Determination of Critical Circumstances,’’ dated
concurrently with this notice, and accompanying
Issues and Decision Memorandum. As the final
cash deposit rate for estimated antidumping duties
for all other exporters and producers is based on the
Marmen Group’s final rate, we further find that no
export subsidy adjustment is warranted to the allothers’ estimated weighted-average dumping
margin.
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To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of export
subsidies determined in a companion
CVD proceeding when CVD provisional
measures are in effect. Accordingly,
where Commerce makes an affirmative
determination for export subsidies,
Commerce offsets the calculated
estimated weighted-average dumping
margin by the appropriate rate(s). In this
case, we have not found export
subsidies for any respondents.
Therefore, we are not instructing CBP to
collect cash deposits based upon the
estimated weighted-average dumping
margin adjusted for export subsidies.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV. Because Commerce’s final
determination is affirmative, in
accordance with section 735(b)(2) 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, or
sales (or the likelihood of sales) for
importation of wind towers from
Canada no later than 45 days after this
final determination. If the ITC
determines that such injury does not
exist, this proceeding will be
terminated, and all cash deposits will be
refunded. If the ITC determines that
such injury does exist, Commerce will
issue an antidumping duty order
directing CBP to assess, upon further
instruction by Commerce, antidumping
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
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
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Sfmt 4703
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.
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.
Merchandise covered by this investigation
is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
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Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices
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. Scope of the Investigation
IV. Margin Calculations
V. Final Negative Determination of Critical
Circumstances
VI. Adjustment for Countervailed Export
Subsidies
VII. Discussion of the Issues
Comment 1: Steel Plate Costs Smoothing
Comment 2: Use of Amended Financial
Statements
Comment 3: Rejection of New Information
Comment 4: Average-to-Transaction
Comparison Method
Comment 5: Non-Verification of Marmen
Group’s Data
Comment 6: Date of Sale
Comment 7: The Marmen Group’s Sales of
Completed Wind Towers or Wind Tower
Sections
Comment 8: Adverse Facts Available
(AFA)
VIII. Recommendation
[FR Doc. 2020–14530 Filed 7–2–20; 8:45 am]
BILLING CODE 3510–DS–P
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1959 or (202) 482–1413,
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
utility scale wind tower from
Indonesia.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
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.
Scope of the Investigation
The product covered by this
investigation is wind towers from
Indonesia. For a complete description of
the scope of the investigation, see
Appendix I.
DEPARTMENT OF COMMERCE
International Trade Administration
[C–560–834]
Utility Scale Wind Towers From
Indonesia: Final Affirmative
Countervailing Duty Determination and
Final Affirmative 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 Indonesia. The period of
investigation is January 1, 2018 through
December 31, 2018.
DATES: Applicable July 6, 2020.
FOR FURTHER INFORMATION CONTACT: Alex
Wood or Melissa Kinter, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
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AGENCY:
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Scope Comments
In accordance with the preamble to
Commerce’s regulations,3 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).4 No interested
party commented on the scope of the
1 See Utility Scale Wind Towers from Indonesia:
Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
Determination with Final Antidumping Duty
Determination, 84 FR 68109 (December 13, 2019)
(Preliminary Determination) and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Countervailing Duty Investigation of Utility Scale
Wind Towers from Indonesia,’’ dated concurrently
with, and hereby adopted by this notice (Issues and
Decision Memorandum).
3 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
4 See Utility Scale Wind Towers from Canada,
Indonesia, and the Socialist Republic of Vietnam:
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40241
investigation as it appeared in the
Initiation Notice. Therefore, Commerce
has made no changes to the scope of this
investigation since 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.5 For a
full description of the methodology
underlying our final determination, see
the Issues and Decision Memorandum.
Verification and Use of Facts Otherwise
Available
Commerce normally verifies
information relied upon in making its
final determination, as provided in
section 782(i) of the Act. In March 2020,
we conducted verification of the
information submitted by the
Government of Indonesia and the
mandatory respondent, PT Kenertec
Power System (Kenertec), 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.6 For the reasons discussed
in the Issues and Decision
Memorandum, we concluded
verification early.
Pursuant to section 776(a)(2)(D) of the
Act, in situations where information has
been provided but the information has
cannot be verified in accordance with
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 For discussion of our verification findings, see
the following memoranda: Memorandum,
‘‘Verification of the Questionnaire Responses of the
Government of Indonesia,’’ dated April 1, 2020 and
Memorandum, ‘‘Verification of PT Kenertec Power
System’s Questionnaire Responses,’’ dated March
30, 2020; see also Memorandum, ‘‘Antidumping
and Countervailing Duty Investigations of Utility
Scale Wind Towers from Indonesia: Early
Conclusion of Verifications,’’ dated March 27, 2020.
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]]>Agencies
[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Notices]
[Pages 40239-40241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14530]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-867]
Utility Scale Wind Towers From Canada: Final Determination of
Sales at Less Than Fair Value 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 imports
of utility scale wind towers (wind towers) from Canada 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.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, 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.
SUPPLEMENTARY INFORMATION:
Background
On February 14, 2020, Commerce published in the Federal Register
the Preliminary Determination of sales at LTFV of wind towers from
Canada, 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\
---------------------------------------------------------------------------
\1\ See Utility Scale Wind Towers from Canada: 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, 85 FR 8562 (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 Canada,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is wind towers from
Canada. 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/. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), Commerce normally verifies information relied upon in making
its final determination; however, we were unable to conduct
verification in this investigation.\3\ Pursuant to section 776(a)(2)(D)
of the Act, in situations where information has been provided but the
information cannot be verified, Commerce will use ``facts otherwise
available'' in reaching the applicable determination. Accordingly, we
have relied on facts available in making our final determination.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Antidumping Duty Investigation of Utility
Scale Wind Towers from Canada--Cancellation of Verification,'' dated
April 10, 2020.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received, we have made
certain changes to the margin calculation for the respondent. For a
discussion of these changes, see the ``Margin Calculations'' section of
the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act. Marmen Inc., Marmen [Eacute]nergie Inc., and Marmen Energy Co.
(collectively, the Marmen Group) is the only respondent for which
Commerce calculated an estimated weighted-average dumping margin that
is not zero, de minimis, or based entirely on facts otherwise
available. Therefore, for purposes of determining the all-others rate,
and pursuant to section 735(c)(5)(A) of the Act, we are using the
estimated weighted-average dumping margin calculated for the Marmen
Group, as referenced in the ``Final Determination'' section below.
Final Negative Determination of Critical Circumstances
In accordance with section 733(e)(1) of the Act and 19 CFR 351.206,
we preliminarily determined that critical circumstances did not exist
with respect to imports of wind towers from Canada because section
773(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). Our
final determination remains unchanged. Accordingly, pursuant to section
735(a)(3) of the Act, we 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 critical
circumstances analysis, see the Issues and Decision Memorandum.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
----------------------------------------------------------------------------------------------------------------
Weighted-average Cash deposit rate
Exporter or producer dumping margin (adjusted for subsidy
(percent) offset) (percent) \4\
----------------------------------------------------------------------------------------------------------------
Marmen lnc./Marmen Energie Inc.............................. 4.94 4.94
[[Page 40240]]
All Others.................................................. 4.94 4.94
----------------------------------------------------------------------------------------------------------------
Disclosure
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\4\ In the companion countervailing duty (CVD) investigation,
Commerce calculated a 0.00 percent export subsidy rate for the
Marmen Group and for all other producers and exporters. See
unpublished Federal Register notice titled ``Utility Scale Wind
Towers from Canada: Final Affirmative Countervailing Duty
Determination and Negative Determination of Critical
Circumstances,'' dated concurrently with this notice, and
accompanying Issues and Decision Memorandum. As the final cash
deposit rate for estimated antidumping duties for all other
exporters and producers is based on the Marmen Group's final rate,
we further find that no export subsidy adjustment is warranted to
the all-others' estimated weighted-average dumping margin.
---------------------------------------------------------------------------
We intend to disclose the calculations performed in this final
determination within five days of the date of publication of this
notice to parties in this proceeding, in accordance with 19 CFR
351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, for this final
determination, we will direct U.S. Customs and Border Protection (CBP)
to continue to suspend liquidation of all entries of wind towers, as
described in Appendix I of this notice, which are entered, or withdrawn
from warehouse, for consumption on or after February 14, 2020, the date
of publication in the Federal Register of the affirmative Preliminary
Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the estimated weighted-average dumping
margin as follows: (1) The cash deposit rate for the company listed in
the table above will be equal to the company-specific estimated
weighted-average dumping margin identified for that company in the
table; (2) if the exporter is not a company 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. These suspension of
liquidation instructions will remain in effect until further notice.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of export
subsidies determined in a companion CVD proceeding when CVD provisional
measures are in effect. Accordingly, where Commerce makes an
affirmative determination for export subsidies, Commerce offsets the
calculated estimated weighted-average dumping margin by the appropriate
rate(s). In this case, we have not found export subsidies for any
respondents. Therefore, we are not instructing CBP to collect cash
deposits based upon the estimated weighted-average dumping margin
adjusted for export subsidies.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) 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, or sales (or the likelihood of
sales) for importation of wind towers from Canada no later than 45 days
after this final determination. If the ITC determines that such injury
does not exist, this proceeding will be terminated, and all cash
deposits will be refunded. If the ITC determines that such injury does
exist, Commerce will issue an antidumping duty order directing CBP to
assess, upon further instruction by Commerce, antidumping 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
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.
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.
Merchandise covered by this investigation is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS)
[[Page 40241]]
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. Scope of the Investigation
IV. Margin Calculations
V. Final Negative Determination of Critical Circumstances
VI. Adjustment for Countervailed Export Subsidies
VII. Discussion of the Issues
Comment 1: Steel Plate Costs Smoothing
Comment 2: Use of Amended Financial Statements
Comment 3: Rejection of New Information
Comment 4: Average-to-Transaction Comparison Method
Comment 5: Non-Verification of Marmen Group's Data
Comment 6: Date of Sale
Comment 7: The Marmen Group's Sales of Completed Wind Towers or
Wind Tower Sections
Comment 8: Adverse Facts Available (AFA)
VIII. Recommendation
[FR Doc. 2020-14530 Filed 7-2-20; 8:45 am]
BILLING CODE 3510-DS-P
