Utility Scale Wind Towers From the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With the Final Determination of Countervailing Duty Investigation, 30725-30726 [2023-10154]

Download as PDF Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Notices (2) for exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the companyspecific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review or another completed segment of this proceeding, but the producer is, then the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the merchandise; and (4) if neither the exporter nor the producer is a firm covered in this or any previously completed segment of this proceeding, then the cash deposit rate will be the all-others rate of 3.76 percent established in the less-than-fair-value investigation.9 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during the period of review. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. 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 the terms of an APO is a sanctionable violation. lotter on DSK11XQN23PROD with NOTICES1 Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 9 See Light-Walled Rectangular Pipe and Tube from Mexico, the People’s Republic of China, and the Republic of Korea: Antidumping Duty Orders; Light-Walled Rectangular Pipe and Tube from the Republic of Korea: Notice of Amended Final Determination of Sales at Less Than Fair Value, 73 FR 45403 (August 5, 2008). VerDate Sep<11>2014 19:11 May 11, 2023 Jkt 259001 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e). Dated: May 8, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–10213 Filed 5–11–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–552–826] Utility Scale Wind Towers From the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With the Final Determination of Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On April 27, 2023, the U.S. Court of International Trade (CIT) issued its final judgment in Wind Tower Trade Coalition v. United States, Court No. 20–03692, sustaining the U.S. Department of Commerce’s (Commerce) final results of redetermination pertaining to the countervailing duty (CVD) investigation of utility scale wind towers (wind towers) from the Socialist Republic of Vietnam (Vietnam) covering the period of investigation January 1, 2018, through December 31, 2018. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s final determination in that investigation. DATES: Applicable April 27, 2023. FOR FURTHER INFORMATION CONTACT: Carolyn Adie or Frank Schmitt, 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) 482–6250 or (202) 482–4880, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 6, 2020, Commerce published its Final Determination in the CVD investigation of wind towers from Vietnam.1 Commerce calculated a final subsidy rate for the mandatory respondent, CS Wind Vietnam Co., Ltd. (a.k.a. CS Wind Tower Co., Ltd.) (CS Wind Vietnam), and assigned the 1 See Utility Scale Wind Towers from the Socialist Republic of Vietnam: Final Affirmative Countervailing Duty Determination and Negative Determination of Critical Circumstance, 85 FR 40229 (July 6, 2020) (Final Determination), and accompanying Issues and Decision Memorandum. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 30725 subsidy rate calculated for CS Wind Vietnam as the all-others rate.2 Commerce subsequently published the CVD order on wind towers from Vietnam.3 The Wind Tower Trade Coalition appealed Commerce’s Final Determination. On March 24, 2022, the CIT remanded the Final Determination to Commerce, instructing Commerce to: (1) discuss and address certain evidence and arguments that the Wind Tower Trade Coalition raised pertaining to potential manipulation; and (2) substantiate its conclusion as to the import status of certain steel plate in light of evidence that detracts from its conclusions, and to further explain its subsidy calculations for the Import Duty Exemptions program.4 In its final results of redetermination, issued on July 21, 2022, Commerce provided further explanation and analysis of the evidence and arguments presented by the Wind Tower Trade Coalition concerning manipulation, and provided further explanation to substantiate our finding that certain steel plate imports were sourced from within Vietnam, rather than imported. Based on the results of these analyses, the CVD rates calculated in the Final Determination remain unchanged.5 The CIT sustained Commerce’s final results of redetermination.6 Timken Notice In its decision in Timken,7 as clarified by Diamond Sawblades,8 the U.S. Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s April 27, 2023, judgment constitutes a 2 Id. 3 See Utility Scale Wind Towers from Canada, Indonesia, and the Socialist Republic of Vietnam: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Orders, 85 FR 52543 (August 26, 2020). 4 See Wind Tower Trade Coalition v. United States, Court No. 20–03692, Slip. Op. 22–27 (CIT March 24, 2022). 5 See Final Results of Redetermination Pursuant to Court Remand, Wind Tower Trade Coalition v. United States, Court No. 20–03692, Slip. Op. 22– 27 (CIT March 24, 2022), dated July 21, 2022, available at https://access.trade.gov/resources/ remands/. 6 See Wind Tower Trade Coalition v. United States, Slip. Op. 23–63 (CIT April 27, 2023). 7 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 8 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). E:\FR\FM\12MYN1.SGM 12MYN1 30726 Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Notices proceeding. This notice serves as a notification of, and correction to, this inadvertent duplicate publication. final decision of the CIT that is not in harmony with Commerce’s Final Determination. Thus, this notice is published in fulfillment of the publication requirements of Timken. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. Dated: May 8, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Dated: May 8, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–10147 Filed 5–11–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Patent and Trademark Office [FR Doc. 2023–10154 Filed 5–11–23; 8:45 am] [Docket No. PTO–P–2023–0015] BILLING CODE 3510–DS–P Patent and Trademark Public Advisory Committees DEPARTMENT OF COMMERCE International Trade Administration [A–520–807] Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review, 2020–2021; Correction Enforcement and Compliance, International Trade Administration, Department of Commerce. ACTION: Notice; correction. AGENCY: On May 4, 2023, the U.S. Department of Commerce (Commerce) inadvertently published duplicate copies of a Federal Register notice. This notice serves as a notification of, and correction to, this inadvertent duplicate publication. FOR FURTHER INFORMATION CONTACT: Benjamin A. Luberda or Alice Maldonado, 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) 482–2185 or (202) 482–4682, respectively. SUPPLEMENTARY INFORMATION: SUMMARY: lotter on DSK11XQN23PROD with NOTICES1 Correction Commerce published in the Federal Register of May 4, 2023, in FR Doc 2023–09464, on page 28483, in the second column, a notice entitled, ‘‘Circular Welded Carbon-Quality Steel Pipe from the United Arab Emirates: Final Results of Antidumping Duty Administrative Review, 2020–2021.’’ Commerce has discovered that this notice was also inadvertently published to the Federal Register on May 4, 2023, in FR Doc 2023–09422, on page 28498, in the second column. The inadvertent duplicate publication of this notice does not constitute redetermination of this VerDate Sep<11>2014 19:11 May 11, 2023 Jkt 259001 United States Patent and Trademark Office, Commerce. ACTION: Request for nominations for the Patent and Trademark Public Advisory Committees. AGENCY: The United States Patent and Trademark Office (USPTO)—America’s Innovation Agency—seeks nominations for up to three members of its Patent Public Advisory Committee (PPAC) to advise the Under Secretary of Commerce for Intellectual Property and Director of the USPTO on patent policy, and for up to three members of its Trademark Public Advisory Committee (TPAC) to advise the Director on trademark policy. Each new member, who can serve remotely, will serve a three-year term starting December 1, 2023. The members represent the interests of the public and the stakeholders of the USPTO. DATES: Nominations must be electronically submitted on or before July 3, 2023. ADDRESSES: Persons wishing to submit nominations will be required to electronically complete the appropriate Public Advisory Committee application form by entering detailed information and qualifications at https:// tinyurl.com/ynae4a67 for the PPAC, and https://tinyurl.com/hcux6462 for the TPAC. FOR FURTHER INFORMATION CONTACT: Shirin Bidel-Niyat, Chief of Staff, Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, at 571–272–8600. SUPPLEMENTARY INFORMATION: On November 29, 1999, the President signed into law the Patent and Trademark Office Efficiency Act (Act). The Act established two Public Advisory Committees—the PPAC and TPAC—to review the policies, goals, performance, budget, and user fees of the USPTO. The America Invents Act SUMMARY: PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 Technical Corrections set staggered terms for members of the Advisory Committees, with each term starting and ending on December 1. The PPAC and TPAC members shall: • Advise the Under Secretary of Commerce for Intellectual Property and Director of the USPTO on matters relating to the policies, goals, performance, budget, and user fees of the USPTO regarding patents and trademarks, respectively (35 U.S.C. 5); and • Within 60 days after the end of each fiscal year: (1) prepare an annual report on matters listed above; (2) transmit the report to the Secretary of Commerce (Secretary), the President, and the Committees on the Judiciary of the Senate and the House of Representatives; and (3) publish the report in the Official Gazette of the USPTO. Id. Public Advisory Committees The Public Advisory Committees are each composed of nine voting members who are appointed by the Secretary and serve at the pleasure of the Secretary for three-year terms. Members are eligible for reappointment for a second consecutive three-year term. The Public Advisory Committee members must be citizens of the United States. Members must also certify that they are not required to register with the Department of Justice as a foreign agent under the Foreign Agents Registration Act of 1938, as amended, and that they are not a federally registered lobbyist. Members are chosen to represent the interests of diverse users of the USPTO and must represent small- and large-entity applicants located in the United States in proportion to the number of applications filed by such applicants. In no case, however, shall members who represent small-entity patent applicants, including small business concerns, independent inventors, and nonprofit organizations, constitute less than 25% of the members of the Patent Public Advisory Committee. There must also be at least one independent inventor on the Patent Public Advisory Committee. The Committees must include individuals with a ‘‘substantial background and achievement in finance, management, labor relations, science, technology, and office automation.’’ 35 U.S.C. 5(b)(3). Each of the Public Advisory Committees also includes three non-voting members representing each labor organization recognized by the USPTO. E:\FR\FM\12MYN1.SGM 12MYN1

Agencies

[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Notices]
[Pages 30725-30726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10154]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-552-826]


Utility Scale Wind Towers From the Socialist Republic of Vietnam: 
Notice of Court Decision Not in Harmony With the Final Determination of 
Countervailing Duty Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On April 27, 2023, the U.S. Court of International Trade (CIT) 
issued its final judgment in Wind Tower Trade Coalition v. United 
States, Court No. 20-03692, sustaining the U.S. Department of 
Commerce's (Commerce) final results of redetermination pertaining to 
the countervailing duty (CVD) investigation of utility scale wind 
towers (wind towers) from the Socialist Republic of Vietnam (Vietnam) 
covering the period of investigation January 1, 2018, through December 
31, 2018. Commerce is notifying the public that the CIT's final 
judgment is not in harmony with Commerce's final determination in that 
investigation.

DATES: Applicable April 27, 2023.

FOR FURTHER INFORMATION CONTACT: Carolyn Adie or Frank Schmitt, 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) 482-6250 or (202) 482-4880, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 6, 2020, Commerce published its Final Determination in the 
CVD investigation of wind towers from Vietnam.\1\ Commerce calculated a 
final subsidy rate for the mandatory respondent, CS Wind Vietnam Co., 
Ltd. (a.k.a. CS Wind Tower Co., Ltd.) (CS Wind Vietnam), and assigned 
the subsidy rate calculated for CS Wind Vietnam as the all-others 
rate.\2\ Commerce subsequently published the CVD order on wind towers 
from Vietnam.\3\
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    \1\ See Utility Scale Wind Towers from the Socialist Republic of 
Vietnam: Final Affirmative Countervailing Duty Determination and 
Negative Determination of Critical Circumstance, 85 FR 40229 (July 
6, 2020) (Final Determination), and accompanying Issues and Decision 
Memorandum.
    \2\ Id.
    \3\ See Utility Scale Wind Towers from Canada, Indonesia, and 
the Socialist Republic of Vietnam: Amended Final Affirmative 
Countervailing Duty Determination and Countervailing Duty Orders, 85 
FR 52543 (August 26, 2020).
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    The Wind Tower Trade Coalition appealed Commerce's Final 
Determination. On March 24, 2022, the CIT remanded the Final 
Determination to Commerce, instructing Commerce to: (1) discuss and 
address certain evidence and arguments that the Wind Tower Trade 
Coalition raised pertaining to potential manipulation; and (2) 
substantiate its conclusion as to the import status of certain steel 
plate in light of evidence that detracts from its conclusions, and to 
further explain its subsidy calculations for the Import Duty Exemptions 
program.\4\
---------------------------------------------------------------------------

    \4\ See Wind Tower Trade Coalition v. United States, Court No. 
20-03692, Slip. Op. 22-27 (CIT March 24, 2022).
---------------------------------------------------------------------------

    In its final results of redetermination, issued on July 21, 2022, 
Commerce provided further explanation and analysis of the evidence and 
arguments presented by the Wind Tower Trade Coalition concerning 
manipulation, and provided further explanation to substantiate our 
finding that certain steel plate imports were sourced from within 
Vietnam, rather than imported. Based on the results of these analyses, 
the CVD rates calculated in the Final Determination remain 
unchanged.\5\ The CIT sustained Commerce's final results of 
redetermination.\6\
---------------------------------------------------------------------------

    \5\ See Final Results of Redetermination Pursuant to Court 
Remand, Wind Tower Trade Coalition v. United States, Court No. 20-
03692, Slip. Op. 22-27 (CIT March 24, 2022), dated July 21, 2022, 
available at https://access.trade.gov/resources/remands/.
    \6\ See Wind Tower Trade Coalition v. United States, Slip. Op. 
23-63 (CIT April 27, 2023).
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Timken Notice

    In its decision in Timken,⁷ as clarified by Diamond 
Sawblades,⁸ the U.S. Court of Appeals for the Federal 
Circuit held that, pursuant to section 516A(c) and (e) of the Tariff 
Act of 1930, as amended (the Act), Commerce must publish a notice of 
court decision that is not ``in harmony'' with a Commerce determination 
and must suspend liquidation of entries pending a ``conclusive'' court 
decision. The CIT's April 27, 2023, judgment constitutes a

[[Page 30726]]

final decision of the CIT that is not in harmony with Commerce's Final 
Determination. Thus, this notice is published in fulfillment of the 
publication requirements of Timken.
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    \7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \8\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: May 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-10154 Filed 5-11-23; 8:45 am]
BILLING CODE 3510-DS-P

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