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)

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

[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]


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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\
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    \1\ The CS Wind Group consists of CS Wind Vietnam Co., Ltd. and 
CS Wind Corporation.

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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\
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    \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).
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    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\
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    \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).
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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\
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    \9\ See Final Second Redetermination.
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    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