80 FR 30211 - Utility Scale Wind Towers From the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With the Final Determination of Less Than Fair Value Investigation and Notice of Amended Final Determination of Investigation
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 101 (May 27, 2015)
International Trade Administration
Federal Register Volume 80, Issue 101 (May 27, 2015)
| Page Range | 30211-30212 | |
| FR Document | 2015-12787 |
[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)] [Notices] [Pages 30211-30212] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12787] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-552-814] Utility Scale Wind Towers From the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With the Final Determination of Less Than Fair Value Investigation and Notice of Amended Final Determination of Investigation AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 11, 2015, the United States Court of International Trade (CIT or Court) issued final judgment in CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United States, Consol. Court No. 13-00102, affirming the Department of Commerce's (the Department) final results of redetermination pursuant to remand. Consistent with the decision of the United States Court of Appeals for the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's final determination in the less than fair value investigation on utility scale wind towers from the Socialist Republic of Vietnam, and is amending the final determination with respect to the CS Wind Group.\1\ --------------------------------------------------------------------------- \1\ The CS Wind Group consists of CS Wind Vietnam Co., Ltd. and CS Wind Corporation. --------------------------------------------------------------------------- DATES: Effective Date: May 21, 2015. FOR FURTHER INFORMATION CONTACT: Erin Kearney, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0167. SUPPLEMENTARY INFORMATION: Background On February 15, 2013, the Department published its amended final determination and antidumping duty order in this proceeding.\2\ The CS Wind Group appealed the Wind Towers Final Determination to the CIT, and on March 27, 2014, the CIT remanded the Wind Towers Final Determination to the Department to require the Department to: (1) Reconsider its valuation of steel plate, (2) reconsider its valuation of carbon dioxide, (3) reconsider the calculation of overhead expenses for surrogate financial ratios, specifically the treatment of jobwork charges and income line items, (4) re-determine the appropriate adjustment to the CS Wind Group's U.S. sales prices to account for a discrepancy in the reported weights of wind towers, and 5) reconsider its calculation of brokerage and handling expenses.\3\ On July 29, 2014, the Department filed its results of redetermination pursuant to remand in accordance with the CIT's order.\4\ --------------------------------------------------------------------------- \2\ See Utility Scale Wind Towers From the Socialist Republic of Vietnam: Final Determination of Sales at Less Than Fair Value, 77 FR 75984 (December 26, 2012), as amended by 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) (Wind Towers Final Determination). \3\ See CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United States, 971 F. Supp. 2d 1271 (CIT 2014). \4\ See Final Results of Redetermination Pursuant to Court Order, CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United States, Consol. Court No. 13-00102, Slip Op. 14-33, dated July 29, 2014 (Final First Redetermination). --------------------------------------------------------------------------- On November 3, 2014, the CIT affirmed, in part, the Department's Final First Redetermination, which resulted in a weighted-average dumping margin of 17.02 percent for the CS Wind Group.\5\ The Court remanded the Final First Redetermination to require the Department to reconsider its treatment of jobwork charges and income line items in calculating overhead expenses for surrogate financial ratios.\6\ In the Final Second Redetermination, the Department revised its calculation of certain surrogate financial ratios.\7\ The Court affirmed the Department's second remand in its entirety on May 11, 2015, and entered judgment.\8\ --------------------------------------------------------------------------- \5\ See CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United States, Consol. Court No. 13-00102, Slip Op. 14-128 (CIT November 3, 2014). \6\ Id. \7\ See Final Redetermination Pursuant to Court Order, CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United States, Consol. Court No. 13-00102, Slip Op. 14-128, dated January 21, 2015 (Final Second Redetermination). \8\ See CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United States, Consol. Court No. 13-00102, Slip Op. 15-45 (CIT May 11, 2015). --------------------------------------------------------------------------- Timken Notice In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision that is not ``in harmony'' with a Department determination and must suspend liquidation of entries pending a ``conclusive'' court decision. The CIT's May 11, 2015, judgment affirming the Final Second Remand constitutes a final decision of that court that is not in harmony with the Wind Towers Final Determination. This notice is published in fulfillment of the publication requirements of Timken. Amended Final Results Because there is now a final court decision with respect to this litigation, the Department is amending the Wind Towers Final Determination with respect to the CS Wind Group's dumping margin and cash deposit rate. The revised dumping margin and cash deposit rate for the CS Wind Group is 17.02 percent.\9\ --------------------------------------------------------------------------- \9\ See Final Second Redetermination. --------------------------------------------------------------------------- Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. Cash Deposit Requirements In accordance with section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection to collect a cash deposit of 17.02 percent for entries of subject merchandise produced and exported by [[Page 30212]] the CS Wind Group, effective May 21, 2015. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c)(1), 735(d), 736(a) and 777(i)(1) of the Act. Dated: May 18, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-12787 Filed 5-26-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Notices 30211
an adjustment, and found no basis for is notifying the public that the final Group.5 The Court remanded the Final
making such an adjustment to the judgment in this case is not in harmony First Redetermination to require the
companion AD rates under section with the Department’s final Department to reconsider its treatment
777(A)(f)(1)(b) of the Act.10 determination in the less than fair value of jobwork charges and income line
On May 7, 2015, the CIT sustained the investigation on utility scale wind items in calculating overhead expenses
Department’s Remand towers from the Socialist Republic of for surrogate financial ratios.6 In the
Redetermination.11 Vietnam, and is amending the final Final Second Redetermination, the
Statutory Notice determination with respect to the CS Department revised its calculation of
Wind Group.1 certain surrogate financial ratios.7 The
The CIT’s May 7, 2015, judgment Court affirmed the Department’s second
affirming the Remand Redetermination DATES: Effective Date: May 21, 2015.
remand in its entirety on May 11, 2015,
constitutes a final court decision that is FOR FURTHER INFORMATION CONTACT: Erin and entered judgment.8
not in harmony with the section 129 Kearney, Office IV, Enforcement and
Final Determination. This notice is Compliance, International Trade Timken Notice
published in fulfillment of the statutory Administration, U.S. Department of In its decision in Timken, 893 F.2d at
publication requirements. Commerce, 14th Street and Constitution 341, as clarified by Diamond Sawblades,
Notification to Interested Parties Avenue NW., Washington, DC 20230; the CAFC held that, pursuant to section
telephone: (202) 482–0167. 516A(e) of the Tariff Act of 1930, as
This notice is issued and published in
SUPPLEMENTARY INFORMATION: amended (the Act), the Department
accordance with sections 516A(c)(1) and
must publish a notice of a court
777(i)(1) of the Act. Background decision that is not ‘‘in harmony’’ with
Dated: May 20, 2015. a Department determination and must
On February 15, 2013, the Department
Ronald K. Lorentzen, suspend liquidation of entries pending
published its amended final
Acting Assistant Secretary for Enforcement determination and antidumping duty a ‘‘conclusive’’ court decision. The CIT’s
and Compliance. May 11, 2015, judgment affirming the
order in this proceeding.2 The CS Wind
[FR Doc. 2015–12786 Filed 5–26–15; 8:45 am] Group appealed the Wind Towers Final Final Second Remand constitutes a final
BILLING CODE 3510–DS–P Determination to the CIT, and on March decision of that court that is not in
27, 2014, the CIT remanded the Wind harmony with the Wind Towers Final
Towers Final Determination to the Determination. This notice is published
DEPARTMENT OF COMMERCE Department to require the Department in fulfillment of the publication
to: (1) Reconsider its valuation of steel requirements of Timken.
International Trade Administration
plate, (2) reconsider its valuation of Amended Final Results
[A–552–814] carbon dioxide, (3) reconsider the
calculation of overhead expenses for Because there is now a final court
Utility Scale Wind Towers From the surrogate financial ratios, specifically decision with respect to this litigation,
Socialist Republic of Vietnam: Notice the treatment of jobwork charges and the Department is amending the Wind
of Court Decision Not in Harmony With income line items, (4) re-determine the Towers Final Determination with
the Final Determination of Less Than appropriate adjustment to the CS Wind respect to the CS Wind Group’s
Fair Value Investigation and Notice of Group’s U.S. sales prices to account for dumping margin and cash deposit rate.
Amended Final Determination of a discrepancy in the reported weights of The revised dumping margin and cash
Investigation wind towers, and 5) reconsider its deposit rate for the CS Wind Group is
AGENCY: Enforcement and Compliance, calculation of brokerage and handling 17.02 percent.9
International Trade Administration, expenses.3 On July 29, 2014, the Accordingly, the Department will
Department of Commerce. Department filed its results of continue the suspension of liquidation
SUMMARY: On May 11, 2015, the United redetermination pursuant to remand in of the subject merchandise pending the
States Court of International Trade (CIT accordance with the CIT’s order.4 expiration of the period of appeal or, if
or Court) issued final judgment in CS On November 3, 2014, the CIT appealed, pending a final and
Wind Vietnam Co., Ltd. and CS Wind affirmed, in part, the Department’s Final conclusive court decision.
Corporation v. United States, Consol. First Redetermination, which resulted Cash Deposit Requirements
Court No. 13–00102, affirming the in a weighted-average dumping margin
Department of Commerce’s (the of 17.02 percent for the CS Wind In accordance with section
Department) final results of 735(c)(1)(B) of the Act, the Department
redetermination pursuant to remand. 1 The CS Wind Group consists of CS Wind will instruct U.S. Customs and Border
Consistent with the decision of the Vietnam Co., Ltd. and CS Wind Corporation. Protection to collect a cash deposit of
United States Court of Appeals for the 2 See Utility Scale Wind Towers From the 17.02 percent for entries of subject
Federal Circuit (CAFC) in Timken Co. v. Socialist Republic of Vietnam: Final Determination merchandise produced and exported by
of Sales at Less Than Fair Value, 77 FR 75984
United States, 893 F.2d 337 (Fed. Cir. (December 26, 2012), as amended by Utility Scale
5 See CS Wind Vietnam Co., Ltd. and CS Wind
1990) (Timken), as clarified by Diamond Wind Towers From the Socialist Republic of
Vietnam: Amended Final Determination of Sales at Corporation v. United States, Consol. Court No. 13–
Sawblades Mfrs. Coalition v. United 00102, Slip Op. 14–128 (CIT November 3, 2014).
Less Than Fair Value and Antidumping Duty Order,
States, 626 F.3d 1374 (Fed. Cir. 2010) 78 FR 11150 (February 15, 2013) (Wind Towers 6 Id.
mstockstill on DSK4VPTVN1PROD with NOTICES
(Diamond Sawblades), the Department Final Determination). 7 See Final Redetermination Pursuant to Court
3 See CS Wind Vietnam Co., Ltd. and CS Wind Order, CS Wind Vietnam Co., Ltd. and CS Wind
10 See ‘‘Redetermination Pursuant to Court Corporation v. United States, 971 F. Supp. 2d 1271 Corporation v. United States, Consol. Court No. 13–
Remand, Wheatland Tube Company v. United (CIT 2014). 00102, Slip Op. 14–128, dated January 21, 2015
States, Consol. Court No. 12–00298, Slip Op. 14– 4 See Final Results of Redetermination Pursuant (Final Second Redetermination).
137,’’ (April 27, 2015) (Remand Redetermination). to Court Order, CS Wind Vietnam Co., Ltd. and CS 8 See CS Wind Vietnam Co., Ltd. and CS Wind
11 See Wheatland Tube Company v. United Wind Corporation v. United States, Consol. Court Corporation v. United States, Consol. Court No. 13–
States, Slip Op. 15–44, Consol. Court No. 12–00298 No. 13–00102, Slip Op. 14–33, dated July 29, 2014 00102, Slip Op. 15–45 (CIT May 11, 2015).
(CIT May 7, 2015). (Final First Redetermination). 9 See Final Second Redetermination.
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![30212 Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Notices
the CS Wind Group, effective May 21, Division at the address listed above. The Dated: May 19, 2015.
2015. request should set forth the specific Julia Harrison,
Notification to Interested Parties reasons why a hearing on this Chief, Permits and Conservation Division,
application would be appropriate. Office of Protected Resources, National
This notice is issued and published in Marine Fisheries Service.
accordance with sections 516A(c)(1), FOR FURTHER INFORMATION CONTACT: [FR Doc. 2015–12745 Filed 5–26–15; 8:45 am]
735(d), 736(a) and 777(i)(1) of the Act. Amy Sloan or Brendan Hurley, (301) BILLING CODE 3510–22–P
427–8401.
Dated: May 18, 2015.
Paul Piquado, SUPPLEMENTARY INFORMATION: The
Assistant Secretary for Enforcement and subject permit is requested under the DEPARTMENT OF COMMERCE
Compliance. authority of the Marine Mammal National Oceanic and Atmospheric
[FR Doc. 2015–12787 Filed 5–26–15; 8:45 am] Protection Act of 1972, as amended Administration
BILLING CODE 3510–DS–P (MMPA; 16 U.S.C. 1361 et seq.), and the
regulations governing the taking and Western Pacific Fishery Management
importing of marine mammals (50 CFR Council; Public Meetings; Addendum
DEPARTMENT OF COMMERCE part 216).
AGENCY: National Marine Fisheries
National Oceanic and Atmospheric The applicant requests authorization
Service (NMFS), National Oceanic and
Administration to continue a long-term research Atmospheric Administration (NOAA),
program started in 1968 to study Commerce.
RIN 0648–XD953
northern elephant seal population
growth and status, reproductive ACTION: Notice of public meetings and
Marine Mammals; File No. 19108 hearings.
strategies, behavioral and physiological
AGENCY: National Marine Fisheries adaptations for diving and fasting,
Service (NMFS), National Oceanic and SUMMARY: The Western Pacific Fishery
general physiology and metabolism, and
Atmospheric Administration (NOAA), Management Council (Council) will
sensory physiology. Research methods
Commerce. hold meetings of its 119th Scientific and
include behavioral observations, Statistical Committee (SSC) and its
ACTION: Notice; receipt of application. marking, flipper tagging, capture and 163rd Council meeting to take actions
sampling, attachment of on fishery management issues in the
SUMMARY: Notice is hereby given that
instrumentation for tracking, Western Pacific Region. The Council
Daniel P. Costa, Ph.D., University of
translocation studies, short-term captive will also convene meetings of the
California at Santa Cruz, Long Marine
Laboratory, 100 Shaffer Road, Santa holding for laboratory studies, use of Pelagic and International Standing
Cruz, CA 95064, has applied in due hormone challenges and standard Committee, Fishery Data Collection and
form for a permit to conduct research on clinical tracer techniques for physiology Research Committee (FDCRC), Hawaii
northern elephant seals (Mirounga studies, and acoustic studies. Research Standing Committee, and Executive and
angustirostris) throughout their range. would include all age and sex classes of Budget Standing Committee. The
DATES: Written, telefaxed, or email
northern elephant seals over the entire omnibus amendment to establish the
comments must be received on or before calendar year. Proposed research pacific islands annual catch limit
June 26, 2015. locations include haul-out sites from specification process (action item) has
California to Washington, but primarily been added to the 163rd meeting under
ADDRESSES: The application and related
Año Nuevo. Incidental harassment and 6.C.3.
documents are available for review by
selecting ‘‘Records Open for Public mortalities of northern elephant seals, DATES: The SSC meeting will be held
Comment’’ from the ‘‘Features’’ box on and incidental harassment of California between 8:30 a.m. and 5 p.m. on June
the Applications and Permits for sea lions (Zalophus californianus), 9–11, 2015. The Council’s Pelagic and
Protected Species (APPS) home page, northern fur seals (Callorhinus ursinus), International Standing Committee and
https://apps.nmfs.noaa.gov, and then and Steller sea lions (Eumetopias the FDCRC meetings will be held
selecting File No. 19108 from the list of jubatus) of the Eastern Distinct between 10 a.m. and noon on June 15,
available applications. Population Segment is requested. The 2015; Hawaii Standing Committee
These documents are also available duration of the requested permit is five meeting will be held between 1 p.m.
upon written request or by appointment years. and 3 p.m. on June 15, 2015; Executive
in the Permits and Conservation In compliance with the National and Budget Standing Committee
Division, Office of Protected Resources, meeting will be held between 3 p.m.
Environmental Policy Act of 1969 (42
NMFS, 1315 East-West Highway, Room and 5 p.m. on June 15, 2015; and the
U.S.C. 4321 et seq.), an initial
13705, Silver Spring, MD 20910; phone 163rd Council meeting will be held
determination has been made that the between 8:30 a.m. and 5 p.m. on June
(301) 427–8401; fax (301) 713–0376. activity proposed is categorically
Written comments on this application 16–18, 2015. In addition, the Council
excluded from the requirement to will host a Fishers Forum on June 17,
should be submitted to the Chief,
prepare an environmental assessment or 2015, between 6 p.m. and 9 p.m.
Permits and Conservation Division, at
environmental impact statement.
the address listed above. Comments may Location: The 119th SSC on June 9–
Concurrent with the publication of
mstockstill on DSK4VPTVN1PROD with NOTICES
also be submitted by facsimile to (301) 11, 2015, and the Pelagic and
713–0376, or by email to this notice in the Federal Register, International Standing Committee,
NMFS.Pr1Comments@noaa.gov. Please NMFS is forwarding copies of the FDCRC, Hawaii Standing Committee,
include File No. 19108 in the subject application to the Marine Mammal and Executive and Budget Standing
line of the email comment. Commission and its Committee of Committee on June 15, 2015, will be
Those individuals requesting a public Scientific Advisors. held at the Council office in Honolulu,
hearing should submit a written request Hawaii. The Council Meeting on June
to the Chief, Permits and Conservation 16–18, 2015, and the Fishers Forum on
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Document Created: 2015-12-15 15:35:54
Document Modified: 2015-12-15 15:35:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Erin Kearney, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0167. | |
| FR Citation | 80 FR 30211 |
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