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]
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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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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 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
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
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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
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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 https://trade.gov/
reeeac.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Committee shall consist of
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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 https://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
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\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
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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
