Utility Scale Wind Towers From Indonesia: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 40231-40233 [2020-14532]

Download as PDF 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 Frm 00048 Fmt 4703 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 http://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 06JYN1 40232 Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices 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), in February and March 2020, we conducted verification of the sales and cost information submitted by PT Kenertec Power System (Kenertec) for use in our final determination. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by Kenertec.3 Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculations for the respondent. For a discussion of these changes, see the ‘‘Margin Calculations’’ section of the Issues and Decision Memorandum. All-Others Rate khammond on DSKJM1Z7X2PROD with NOTICES Section 735(c)(5)(A) of the Act provides that the estimated weightedaverage 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. Kenertec is the only respondent for which Commerce calculated an estimated weightedaverage 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 Kenertec, as referenced in the ‘‘Final Determination’’ section below. 3 For discussion of our verification findings, see the following memoranda: Memorandum, ‘‘Verification of the Sales Response of PT Kenertec Power System in the Less-Than-Fair-Value Investigation of Utility Scale Wind Towers from Indonesia,’’ dated March 30, 2020; and Memorandum, ‘‘Verification of the Cost Response of PT. Kenertec Power System in the Less-than-FairValue Investigation of Utility Scale Wind Towers from Indonesia,’’ dated April 1, 2020. See also Memorandum, ‘‘Antidumping and Countervailing Duty Investigations of Utility Scale Wind Towers from Indonesia: Early Conclusion of Verifications,’’ dated March 27, 2020. VerDate Sep<11>2014 04:41 Jul 03, 2020 Jkt 250001 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 Indonesia because neither of the factors under section 773(e)(1)(A) of the Act were met. 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 Indonesia. 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 PT Kenertec Power System ............................... All Others ........................ Estimated weightedaverage dumping margin (percent) Cash deposit rate (adjusted for subsidy offset) (percent) 4 8.53 8.53 8.50 8.50 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 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, the companion countervailing duty (CVD) investigation, Commerce calculated a 0.03 percent export subsidy rate for Kenertec and for all other producers and exporters under the program ‘‘Exemption from Import Income Tax Withholding for Companies in Bonded Zones.’’ See unpublished Federal Register notice, ‘‘Utility Scale Wind Towers from Indonesia: Final Affirmative Countervailing Duty Determination,’’ dated concurrently with this notice, and accompanying Issues and Decision Memorandum. Because we determined the LTFV all-others rate based on Kenertec’s estimated weighted-average dumping margin, the export subsidy offset for all other producers and exporters is the lesser of the export subsidy rate for Kenertec, the only individually investigated company in the CVD investigation, and the export subsidy rate for all other producers and exporters in the CVD final determination (i.e., 0.03 percent). PO 00000 4 In Frm 00049 Fmt 4703 Sfmt 4703 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. 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 the CVD investigation, we have found export subsidies for all producers and exporters of subject merchandise. However, suspension of liquidation for provisional measures in the companion CVD case has been discontinued; therefore, we are not instructing CBP to collect cash deposits based upon the estimated weighted-average dumping margin adjusted for export subsidies at this time. 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 Indonesia no later than 45 days after E:\FR\FM\06JYN1.SGM 06JYN1 40233 Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices 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 and suspension of liquidation will be lifted. 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. 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 VerDate Sep<11>2014 04:41 Jul 03, 2020 Jkt 250001 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. 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: Kenertec’s Constructed Export Price (CEP) Profit Rate Comment 2: Revenue Capping Comment 3: Kenertec’s Cost of Goods Sold (COGS) Denominator Comment 4: Whether to Grant Kenertec a CEP Offset Comment 5: Kenertec’s Raw Material and Conversion Costs Comment 6: Date of Sale Comment 7: Constructed Value (CV) Profit Comment 8: Early Conclusion of Verification Comment 9: Cost Adjustments in Commerce’s SAS Programming VIII. Recommendation [FR Doc. 2020–14532 Filed 7–2–20; 8:45 am] BILLING CODE 3510–DS–P PO 00000 DEPARTMENT OF COMMERCE International Trade Administration Renewable Energy and Energy Efficiency Advisory Committee; Request for Information International Trade Administration, U.S. Department of Commerce. ACTION: Notice of Renewal of the Renewable Energy and Energy Efficiency Advisory Committee and Solicitation of Nominations for Membership. AGENCY: Pursuant to provisions of the Federal Advisory Committee Act, 5 U.S.C. App., the Department of Commerce announces the renewal of the Renewable Energy and Energy Efficiency Advisory Committee (the Committee). The Committee shall advise the Secretary of Commerce regarding the development and administration of programs and policies to expand the competitiveness of U.S. exports of renewable energy and energy efficiency goods and services. The Committee’s work on energy efficiency will focus on technologies, services, and platforms that provide system-level energy efficiency to electricity generation, transmission, and distribution. These include smart grid technologies and services, as well as equipment and systems that increase the resiliency of power infrastructure such as energy storage. For the purposes of this Committee, covered goods and services will not include vehicles, feedstock for biofuels, or energy efficiency as it relates to consumer goods. Non-fossil fuels that are considered renewable fuels (e.g., liquid biofuels and pellets) are included. This notice also requests nominations for membership. DATES: Applications or nominations for members must be received on or before 5:00 p.m. Eastern Daylight Time (EDT) on Friday July 31, 2020. ADDRESSES: Applications or nominations may be emailed to Cora.Dickson@trade.gov. FOR FURTHER INFORMATION CONTACT: Cora Dickson, Designated Federal Officer, Renewable Energy and Energy Efficiency Advisory Committee, Office of Energy & Environmental Industries, U.S. Department of Commerce; phone 202–482–6083; email Cora.Dickson@ trade.gov. Interested parties can also view Committee documents on the REEEAC website at http://trade.gov/ reeeac. SUMMARY: SUPPLEMENTARY INFORMATION: Committee shall consist of Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 The

Agencies

[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Notices]
[Pages 40231-40233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14532]


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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

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 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.

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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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 http://enforcement.trade.gov/frn/.

[[Page 40232]]

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), in February and March 2020, we conducted verification of the 
sales and cost information submitted by PT Kenertec Power System 
(Kenertec) for use in our final determination. We used standard 
verification procedures, including an examination of relevant 
accounting and production records, and original source documents 
provided by Kenertec.\3\
---------------------------------------------------------------------------

    \3\ For discussion of our verification findings, see the 
following memoranda: Memorandum, ``Verification of the Sales 
Response of PT Kenertec Power System in the Less-Than-Fair-Value 
Investigation of Utility Scale Wind Towers from Indonesia,'' dated 
March 30, 2020; and Memorandum, ``Verification of the Cost Response 
of PT. Kenertec Power System in the Less-than-Fair-Value 
Investigation of Utility Scale Wind Towers from Indonesia,'' dated 
April 1, 2020. See also Memorandum, ``Antidumping and Countervailing 
Duty Investigations of Utility Scale Wind Towers from Indonesia: 
Early Conclusion of Verifications,'' dated March 27, 2020.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations 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. Kenertec 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 Kenertec, 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 Indonesia because neither 
of the factors under section 773(e)(1)(A) of the Act were met. 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 Indonesia. 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:

------------------------------------------------------------------------
                                                                 Cash
                                                 Estimated     deposit
                                                 weighted-       rate
                                                  average     (adjusted
             Exporter or producer                 dumping    for subsidy
                                                   margin       offset)
                                                 (percent)    (percent)
                                                                 \4\
------------------------------------------------------------------------
PT Kenertec Power System......................        8.53         8.50
All Others....................................        8.53         8.50
------------------------------------------------------------------------

Disclosure
---------------------------------------------------------------------------

    \4\ In the companion countervailing duty (CVD) investigation, 
Commerce calculated a 0.03 percent export subsidy rate for Kenertec 
and for all other producers and exporters under the program 
``Exemption from Import Income Tax Withholding for Companies in 
Bonded Zones.'' See unpublished Federal Register notice, ``Utility 
Scale Wind Towers from Indonesia: Final Affirmative Countervailing 
Duty Determination,'' dated concurrently with this notice, and 
accompanying Issues and Decision Memorandum. Because we determined 
the LTFV all-others rate based on Kenertec's estimated weighted-
average dumping margin, the export subsidy offset for all other 
producers and exporters is the lesser of the export subsidy rate for 
Kenertec, the only individually investigated company in the CVD 
investigation, and the export subsidy rate for all other producers 
and exporters in the CVD final determination (i.e., 0.03 percent).
---------------------------------------------------------------------------

    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 the CVD investigation, we have found export subsidies for 
all producers and exporters of subject merchandise. However, suspension 
of liquidation for provisional measures in the companion CVD case has 
been discontinued; therefore, we are not instructing CBP to collect 
cash deposits based upon the estimated weighted-average dumping margin 
adjusted for export subsidies at this time.

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 Indonesia no later than 45 
days after

[[Page 40233]]

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 and suspension of liquidation will be lifted. 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) 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: Kenertec's Constructed Export Price (CEP) Profit Rate
    Comment 2: Revenue Capping
    Comment 3: Kenertec's Cost of Goods Sold (COGS) Denominator
    Comment 4: Whether to Grant Kenertec a CEP Offset
    Comment 5: Kenertec's Raw Material and Conversion Costs
    Comment 6: Date of Sale
    Comment 7: Constructed Value (CV) Profit
    Comment 8: Early Conclusion of Verification
    Comment 9: Cost Adjustments in Commerce's SAS Programming
VIII. Recommendation

[FR Doc. 2020-14532 Filed 7-2-20; 8:45 am]
BILLING CODE 3510-DS-P