80 FR 12449 - Utility Scale Wind Towers From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 45 (March 9, 2015)

The Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on utility scale wind towers (``wind towers''), from the Socialist Republic of Vietnam (``Vietnam''). The period of review (``POR'') is February 13, 2013, through January 31, 2014. The review covers one mandatory respondent, CS Wind Vietnam and CS Wind Corporation (``collectively, CS Wind Group''). We preliminarily find that the respondent has not made sales below (``NV'') during the POR. Interested parties are invited to comment on these preliminary results.

[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Notices]
[Pages 12449-12451]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05287]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-814]


Utility Scale Wind Towers From the Socialist Republic of Vietnam: 
Preliminary Results of Antidumping Duty Administrative Review; 2013-
2014

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

SUMMARY: The Department of Commerce (``the Department'') is conducting 
an administrative review of the antidumping duty order on utility scale 
wind towers (``wind towers''), from the Socialist Republic of Vietnam 
(``Vietnam''). The period of review (``POR'') is February 13, 2013, 
through January 31, 2014. The review covers one mandatory respondent, 
CS Wind Vietnam and CS Wind Corporation (``collectively, CS Wind 
Group''). We preliminarily find that the respondent has not made sales 
below (``NV'') during the POR. Interested parties are invited to 
comment on these preliminary results.

DATES: Effective Date: March 9, 2015.

FOR FURTHER INFORMATION CONTACT: Trisha Tran, AD/CVD Operations, Office 
IV, Enforcement & Compliance, International Trade Administration, 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-4852.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise covered by this order are certain wind towers, 
whether or not tapered, and sections thereof.\1\ Merchandise covered by 
the order is currently classified in the Harmonized Tariff System of 
the United States (``HTSUS'') under subheadings 7308.20.0020 \2\ or 
8502.31.0000.\3\ Prior to 2011, merchandise covered by the order was 
classified in the HTSUS under subheading 7308.20.0000 and may continue 
to be to some degree. While the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of the order is dispositive.\4\
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    \1\ See Memorandum from Christian Marsh Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations to Paul 
Piquado, Assistant Secretary for Enforcement and Compliance, 
regarding ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review: Utility Scale Wind Towers 
from the Socialist Republic of Vietnam,'' (``Preliminary Decision 
Memorandum'') issued and dated concurrently with this notice for a 
complete description of the Scope of the Order.
    \2\ Wind towers are classified under HTSUS 7308.20.0020 when 
imported as a tower or tower section(s) alone.
    \3\ Wind towers may also be classified under HTSUS 8502.31.0000 
when imported as part of a wind turbine (i.e., accompanying nacelles 
and/or rotor blades.
    \4\ 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) 
(``Order'').
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Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). The 
Department calculated export prices in accordance with section 772 of 
the Act. Because Vietnam is a non-market economy (``NME'') within the 
meaning of section 771(18) of the Act, the Department calculated NV in 
accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum, which is hereby 
adopted by this notice. The Preliminary 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'').\5\ ACCESS is available to registered users at 
http://access.trade.gov. The Preliminary Decision Memorandum is also 
available in the Central Records Unit, room 7046 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision

[[Page 12450]]

Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic 
version of the Preliminary Decision Memorandum are identical in 
content.
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    \5\ On November 24, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA ACCESS'') to (``ACCESS''). The Web 
site location was changed from http://iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to ACCESS 
in the regulations can be found at 79 FR 69046 (November 20, 2014).
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Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the period February 13, 
2013, through January 31, 2014:

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
The CS Wind Group....................................               0.00
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Disclosure and Public Comment

    The Department intends to disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit case briefs no later than 30 days after 
the date of publication of these preliminary results of review.\6\ 
Rebuttal briefs may be filed no later than five days after case briefs 
are filed and may respond only to arguments raised in the case 
briefs.\7\ A table of contents, list of authorities used and an 
executive summary of issues should accompany any briefs submitted to 
the Department. This summary should be limited to five pages total, 
including footnotes.
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    \6\ See 19 CFR 351.309(c).
    \7\ See 19 CFR 351.309(d).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, within 30 days after the date 
of publication of this notice.\8\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. Oral argument presentations will be 
limited to issues raised in the briefs. If a request for a hearing is 
made, the Department intends to hold the hearing at the U.S. Department 
of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230, at a date and time to be determined.\9\ Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date.
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    \8\ See 19 CFR 351.310(c).
    \9\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS.\10\ An electronically filed document must 
be received successfully in its entirety by the Department's electronic 
records system, ACCESS, by 5 p.m. Eastern Time (``ET'') on the due 
date. Documents excepted from the electronic submission requirements 
must be filed manually (i.e., in paper form) with the APO/Dockets Unit 
in Room 1870 and stamped with the date and time of receipt by 5 p.m. ET 
on the due date.\11\
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    \10\ See, generally, 19 CFR 351.303.
    \11\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
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    The Department intends to issue the final results of this 
administrative review, which will include the results of its analysis 
of issues raised in any briefs, within 120 days of publication of these 
preliminary results, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results of this review, the Department 
will determine, and U.S. Customs and Border Protection (``CBP'') shall 
assess, antidumping duties on all appropriate entries covered by this 
review.\12\ The Department intends to issue assessment instructions to 
CBP 15 days after the publication date of the final results of this 
review. For any individually examined respondent whose weighted-average 
dumping margin is above de minimis (i.e., 0.50 percent) in the final 
results of this review, the Department will calculate an importer-
specific assessment rate on the basis of the ratio of the total amount 
of antidumping duties calculated for the importer's examined sales and 
the total entered value of sales, in accordance with 19 CFR 
351.212(b)(1). In these preliminary results, the Department applied the 
assessment rate calculation method adopted in the Final Modification 
for Reviews.\13\ Where either the respondent's weighted-average dumping 
margin is zero or de minimis, or an importer- (or customer-) specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
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    \12\ See 19 CFR 351.212(b)(1).
    \13\ See Antidumping Proceeding Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) 
(``Final Modification for Reviews.'').
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    On October 24, 2011, the Department announced a refinement to its 
assessment practice in NME antidumping duty cases.\14\ Pursuant to this 
refinement in practice, for merchandise that was not reported in the 
U.S. sales databases submitted by an exporter individually examined 
during this review, but that entered under the case number of that 
exporter (i.e., at the individually-examined exporter's cash deposit 
rate), the Department will instruct CBP to liquidate such entries at 
the Vietnam-wide rate. Additionally, pursuant to this refinement, if 
the Department determines that an exporter under review had no 
shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number will be liquidated at the 
Vietnam-wide rate.
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    \14\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from Vietnam entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by sections 751(a)(2)(C) of the Act: (1) For the exporter 
listed above, the cash deposit rate will be equal to the weighted-
average dumping margin established in the final results of this review 
(except, if the rate is zero or de minimis, then the cash deposit rate 
will be zero for that exporter); (2) for previously investigated or 
reviewed Vietnamese and non-Vietnamese exporters not listed above that 
have separate rates, the cash deposit rate will continue to be the 
exporter-specific rate published for the most recently completed 
segment of this proceeding; (3) for all Vietnamese exporters of subject 
merchandise which have not been found to be entitled to a separate 
rate, the cash deposit rate will be the rate for the Vietnamese-wide 
entity, 59.91 percent; and (4) for all non-Vietnamese exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the Vietnamese exporter 
that supplied that non-Vietnamese exporter. These deposit requirements, 
when imposed, shall remain in effect until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties

[[Page 12451]]

occurred and the subsequent assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: March 2, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
    a. Non-Market Economy Country Status
    b. Single-Entity Treatment
    c. Bona Fide Sale Analysis
    d. Separate Rates
    e. Surrogate Country
    f. Surrogate Value Comments
    g. Date of Sale
    h. Normal Value Comparisons
    i. Determination of the Comparison Method
    j. U.S. Price
    k. Normal Value
    l. Factor Valuations
    m. Currency Conversion
5. Conclusion

[FR Doc. 2015-05287 Filed 3-6-15; 8:45 am]
 BILLING CODE 3510-DS-P