80 FR 55333 - Utility Scale Wind Towers From the Socialist Republic Vietnam: Final Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 178 (September 15, 2015)
International Trade Administration
Federal Register Volume 80, Issue 178 (September 15, 2015)
| Page Range | 55333-55335 | |
| FR Document | 2015-23155 |
[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)] [Notices] [Pages 55333-55335] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-23155] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-552-814] Utility Scale Wind Towers From the Socialist Republic Vietnam: Final Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 9, 2015, the Department of Commerce (``the Department'') published the preliminary results of the administrative review of the antidumping duty order on utility scale wind towers from the Socialist Republic of Vietnam (``Vietnam'').\1\ The period of review is February 13, 2013, through January 31, 2014. The review covers one respondent, CS Wind Vietnam and CS Wind Corporation (collectively, ``CS Wind Group''). We continue to find that CS Wind Group has sold subject merchandise in the United States at below normal value during the POR. --------------------------------------------------------------------------- \1\ See Utility Scale Wind Towers From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 80 FR 12449 (March 9, 2015) (``Preliminary Results''). --------------------------------------------------------------------------- DATES: Effective Date: September 15, 2015. FOR FURTHER INFORMATION CONTACT: Trisha Tran AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-4852. Background On March 9, 2015, the Department published the Preliminary Results.\2\ On June 3, 2015, the Department extended the deadline for issuing the final results by 60 days, until September 8, 2015. CS Wind Group, and the Wind Tower Trade Coalition (``Petitioner'') submitted case and rebuttal briefs on April 15, 2013 and April 23, 2015, respectively. [[Page 55334]] Both parties participated in a public hearing on July 16, 2015. --------------------------------------------------------------------------- \2\ Id. --------------------------------------------------------------------------- Scope of the Order The merchandise covered by this order is certain wind towers, whether or not tapered, and sections thereof. Imports of the subject merchandise are provided for under the following subheadings of the Harmonized Tariff Schedule of the United States (``HTSUS''): 7308.20.00.20 \3\ or 8502.31.00.00.\4\ Prior to 2011, merchandise covered by the order was classified in the HTSUS under subheading 7308.20.00.00 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. A full description of the scope of the order is contained in the Issues and Decision Memorandum, dated concurrently with and hereby adopted by this notice.\5\ --------------------------------------------------------------------------- \3\ Wind towers are classified under HTSUS 7308.20.0020 when imported as a tower or tower section(s) alone. \4\ 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. \5\ See Memorandum from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, regarding ``Issues and Decision Memorandum for the Final Results of the 2013-2014 Administrative Review of the Antidumping Duty Order on Utility Scale Wind Towers from the Socialist Republic of Vietnam'' issued concurrently with this notice (``Issues and Decision Memorandum''). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum. A list of the issues raised in the briefs and addressed in the Issues and Decision Memorandum is attached to this notice as an appendix. 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 http://access.trade.gov and in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The paper copy and electronic version of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our Preliminary Results, we made revisions to CS Wind Group's margin calculations. These changes are discussed in the Issues and Decision Memorandum and CS Wind Group's analysis memorandum. Final Results of the Review We determine that the following weighted-average dumping margin exists for the period of review from February 13, 2013 through January 31, 2014. ------------------------------------------------------------------------ Weighted- average Exporter dumping margin (percent) ------------------------------------------------------------------------ The CS Wind Group........................................... 0.00 ------------------------------------------------------------------------ Assessment Rates The Department shall determine, and U.S. Customs and Border Protection (``CBP'') shall assess, antidumping duties on all appropriate entries covered by this review. The Department intends to issue assessment instructions to CBP 15 days after the publication date of these final results of this review pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as amended (``Act'') and 19 CFR 351.212(b). In accordance with 19 CFR 351.212(b)(1), we are calculating importer- (or customer-) specific assessment rates for the merchandise subject to this review.\6\ Where either the respondent's weighted-average dumping margin is zero or de minimis, or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.\7\ For CS Wind Group, whose weighted average dumping margin is zero, the Department will instruct CBP to liquidate appropriate entries without regard to antidumping duties.\8\ --------------------------------------------------------------------------- \6\ See Antidumping Proceedings: Calculation of the Weighted Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). \7\ See 19 CFR 351.106 (c)(2). \8\ See 19 CFR 351.212(b)(1). --------------------------------------------------------------------------- On October 24, 2011, the Department announced a refinement to its assessment practice in NME cases.\9\ Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by the company individually examined during this review, the Department will instruct CBP to liquidate such entries at the rate applicable to the Vietnam-wide entity (i.e., 58.54 percent). In addition, for companies for which the Department determined that the exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number (i.e., at that exporter's rate) will be liquidated at the Vietnam-wide rate. --------------------------------------------------------------------------- \9\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full discussion of this practice. --------------------------------------------------------------------------- In accordance with section 751(a)(2)(C) of the Act, the final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of these final results of this administrative review for all shipments of the subject merchandise from Vietnam, entered or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For the exporters 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 a cash deposit rate of zero will be established for that company); (2) for previously investigated or reviewed Vietnam or non-Vietnam exporters not listed above that currently have a separate rate, the cash deposit rate will continue to be the exporter-specific rate published for the most the recently completed segment of this proceeding where the exporter received that separate rate; (3) for all Vietnam exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the Vietnam- wide entity, 58.54 percent; and (4) for all non-Vietnam exporters of subject merchandise which have not received their own separate rate, the cash deposit rate will be the rate applicable to the Vietnam exporter that supplied that non-Vietnam exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Disclosure We intend to disclose the calculations performed regarding these administrative review final results within five days of the date of publication of this notice in this proceeding in accordance with 19 CFR 351.224(b). [[Page 55335]] Notification to Importers Regarding the Reimbursement of Duties 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 this POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order (``APO'') This notice also serves as a final reminder to parties subject to 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 terms of an APO is a violation which is subject to sanction. We are issuing and publishing the final results of this review and notice in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213. Dated: September 8, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in Issues and Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Discussion of the Issues Comment 1: Bona Fide Sale Comment 2: Steel Plate Comment 3: Market Economy Prices from Korea Comment 4: Financial Statements Comment 5: Flanges Comment 6: Calculation of Market Economy Prices 5. Recommendation [FR Doc. 2015-23155 Filed 9-14-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Notices 55333
Assessment Rates most recently completed segment of this Comment 1b: Whether the Application of
proceeding for the manufacturer of Adverse Facts Available, or Partial Facts
Pursuant to section 751(a)(2)(A) of the Available is Warranted
Act, and 19 CFR 351.212(b), the subject merchandise; and (4) the cash
Comment 2: Whether Bhansali Submitted
Department determines, and U.S. deposit rate for all other manufacturers
Untimely Factual Information
Customs and Border Protection (CBP) or exporters will continue to be 12.45 Comment 3: Whether the Department Erred
shall assess, antidumping duties on all percent, the ‘‘all others’’ rate established in the Treatment of Bhansali’s Home
appropriate entries of subject in the order.4 These cash deposit Market Billing Adjustments
merchandise in accordance with the requirements, when imposed, shall Recommendation
final results of this review. The remain in effect until further notice. [FR Doc. 2015–23161 Filed 9–14–15; 8:45 am]
Department intends to issue assessment Disclosure BILLING CODE 3510–DS–P
instructions to CBP 15 days after the
date of publication of these final results We intend to disclose the calculations
of review. performed for these final results of DEPARTMENT OF COMMERCE
For assessment purposes, because review within five days of the date of
Bhansali’s weighted-average dumping publication of this notice in the Federal International Trade Administration
margin remains zero or de minimis (i.e., Register in accordance with 19 CFR [A–552–814]
less than 0.5 percent) in these final 351.224(b).
results, we will instruct CBP to liquidate Notifications Utility Scale Wind Towers From the
the appropriate entries without regard to Socialist Republic Vietnam: Final
antidumping duties in accordance with This notice serves as a final reminder Results of Antidumping Duty
19 CFR 351.106(c)(2). Our instructions to importers of their responsibility Administrative Review; 2013–2014
will be on an importer-specific basis, under 19 CFR 351.402(f)(2) to file a
AGENCY: Enforcement and Compliance,
where the importer is known, or on a certificate regarding the reimbursement
International Trade Administration,
customer-specific basis, where the of antidumping duties prior to
Department of Commerce.
importer is not known. liquidation of the relevant entries
during this review period. Failure to SUMMARY: On March 9, 2015, the
The Department clarified its
‘‘automatic assessment’’ regulation on comply with this requirement could Department of Commerce (‘‘the
May 6, 2003. This clarification will result in the Department’s presumption Department’’) published the preliminary
apply to entries of subject merchandise that reimbursement of antidumping results of the administrative review of
during the POR produced by Bhansali duties occurred and the subsequent the antidumping duty order on utility
for which it did not know its assessment of doubled antidumping scale wind towers from the Socialist
merchandise was destined for the duties. Republic of Vietnam (‘‘Vietnam’’).1 The
United States. In such instances, we will period of review is February 13, 2013,
This notice also serves as a reminder through January 31, 2014. The review
instruct CBP to liquidate unreviewed to parties subject to administrative
entries at the all-others rate if there is no covers one respondent, CS Wind
protective order (APO) of their Vietnam and CS Wind Corporation
rate for the intermediate company(ies) responsibility concerning the
involved in the transaction. For a full (collectively, ‘‘CS Wind Group’’). We
disposition of proprietary information continue to find that CS Wind Group
discussion of this clarification, see disclosed under APO in accordance
Antidumping and Countervailing Duty has sold subject merchandise in the
with 19 CFR 351.305(a)(3). Timely United States at below normal value
Proceedings: Assessment of written notification of the return or
Antidumping Duties, 68 FR 23954 (May during the POR.
destruction of APO materials, or
6, 2003). DATES: Effective Date: September 15,
conversion to judicial protective order,
2015.
Cash Deposit Requirements is hereby requested. Failure to comply
with the regulations and the terms of an FOR FURTHER INFORMATION CONTACT:
The following deposit requirements APO is a sanctionable violation. Trisha Tran AD/CVD Operations, Office
will be effective upon publication of the IV, Enforcement and Compliance,
These final results of administrative
notice of final results of administrative International Trade Administration,
review are issued and published in
review for all shipments of subject U.S. Department of Commerce, 14th
accordance with sections 751(a)(1) and
merchandise entered, or withdrawn Street and Constitution Avenue NW.,
777(i)(1) of the Act.
from warehouse, for consumption on or Washington, DC 20230, telephone: (202)
after the date of publication as provided Dated: September 8, 2015. 482–4852.
by section 751(a)(2) of the Act: (1) The Paul Piquado,
cash deposit rate for Bhansali will be Assistant Secretary for Enforcement and Background
the rate established in the final results Compliance. On March 9, 2015, the Department
of this administrative review; (2) for published the Preliminary Results.2 On
Appendix
merchandise exported by manufacturers June 3, 2015, the Department extended
or exporters not covered in this review List of Issues Discussed in the Issues and the deadline for issuing the final results
but covered in a prior segment of the Decision Memorandum by 60 days, until September 8, 2015. CS
proceeding, the cash deposit rate will Summary Wind Group, and the Wind Tower
continue to be the company-specific rate Background Trade Coalition (‘‘Petitioner’’) submitted
Scope of the Order
mstockstill on DSK4VPTVN1PROD with NOTICES
published for the most recently case and rebuttal briefs on April 15,
completed segment of this proceeding in Discussion of the Issues 2013 and April 23, 2015, respectively.
Comment 1a: Whether There Are
which that manufacturer or exporter Inaccuracies and Discrepancies in
participated; (3) if the exporter is not a Bhansali’s Reporting
1 See Utility Scale Wind Towers From the
firm covered in this review, a prior Socialist Republic of Vietnam: Preliminary Results
of Antidumping Duty Administrative Review; 2013–
review, or the original investigation but 4 See Notice of Final Determination of Sales at 2014, 80 FR 12449 (March 9, 2015) (‘‘Preliminary
the manufacturer is, the cash deposit Less Than Fair Value: Stainless Steel Bar from Results’’).
rate will be the rate established for the India, 59 FR 66915, 66921 (December 28, 1994). 2 Id.
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![Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Notices 55335
Notification to Importers Regarding the DEPARTMENT OF COMMERCE and Decision Memorandum is a public
Reimbursement of Duties document and is on file electronically
International Trade Administration via Enforcement and Compliance’s AD
This notice also serves as a final and Countervailing Duty (CVD)
reminder to importers of their [A–201–842]
Centralized Electronic Service System
responsibility under 19 CFR 351.402(f) (ACCESS). ACCESS is available to
Large Residential Washers From
to file a certificate regarding the Mexico: Final Results of the registered users at http://
reimbursement of antidumping duties Antidumping Duty Administrative access.trade.gov and in the Central
prior to liquidation of the relevant Review; 2012–2014 Records Unit, room B8024 of the main
entries during this POR. Failure to Department of Commerce building. In
comply with this requirement could AGENCY: Enforcement and Compliance, addition, a complete version of the
result in the Department’s presumption International Trade Administration, Issues and Decision Memorandum can
that reimbursement of antidumping Department of Commerce. be accessed directly at http://
duties has occurred and the subsequent SUMMARY: On March 9, 2015, the enforcement.trade.gov/frn/index.html.
assessment of doubled antidumping Department of Commerce (the The signed Issues and Decision
duties. Department) published the preliminary Memorandum and the electronic
results of the administrative review of version of the Issues and Decision
Administrative Protective Order the antidumping duty (AD) order on Memorandum are identical in content.
(‘‘APO’’) large residential washers (LRWs) from The Department conducted this
Mexico.1 The review covers two administrative review in accordance
This notice also serves as a final with section 751 of the Tariff Act of
producers/exporters of the subject
reminder to parties subject to APO of 1930, as amended (the Act).
merchandise: Electrolux Home Products
their responsibility concerning the Corp. N.V. and Electrolux Home
return or destruction of proprietary Scope of the Order
Products de Mexico, S.A. de C.V.
information disclosed under APO in (collectively, Electrolux) and Samsung The products covered by the order are
accordance with 19 CFR 351.305(a)(3), Electronics Co., Ltd. (Samsung). The all large residential washers and certain
which continues to govern business period of review (POR) is August 3, subassemblies thereof from Mexico. The
proprietary information in this segment 2012, through January 31, 2014. We products are currently classifiable under
of the proceeding. Timely written gave interested parties an opportunity to subheadings 8450.20.0040 and
notification of the return or destruction comment on the Preliminary Results. 8450.20.0080 of the Harmonized Tariff
of APO materials, or conversion to After reviewing the comments received System of the United States (HTSUS).
judicial protective order, is hereby and making corrections to the margin Products subject to this order may also
requested. Failure to comply with the calculation, we continue to find that enter under HTSUS subheadings
regulations and terms of an APO is a Electrolux made sales of subject 8450.11.0040, 8450.11.0080,
violation which is subject to sanction. merchandise to the United States at 8450.90.2000, and 8450.90.6000.
prices below normal value. We also find Although the HTSUS subheadings are
We are issuing and publishing the provided for convenience and customs
final results of this review and notice in that Samsung made no shipments of
subject merchandise during the POR. purposes, the written description of the
accordance with sections 751(a)(1) and merchandise subject to this scope is
Electrolux’s final dumping margin is
777(i) of the Act and 19 CFR 351.213. dispositive.3
listed below in the section entitled
Dated: September 8, 2015. ‘‘Final Results of the Review.’’ Analysis of Comments Received
Paul Piquado, DATES: Effective Date: September 15,
All issues raised in the case and
Assistant Secretary for Enforcement and 2015. rebuttal briefs are addressed in the
Compliance.
FOR FURTHER INFORMATION CONTACT: Issues and Decision Memorandum. A
Appendix Brian Smith or Brandon Custard, AD/ list of the issues which parties raised
CVD Operations, Office II, Enforcement and to which we respond in the Issues
List of Topics Discussed in Issues and and Compliance, International Trade and Decision Memorandum is attached
Decision Memorandum
Administration, U.S. Department of to this notice as Appendix I.
1. Summary Commerce, 14th Street and Constitution
2. Background Final Determination of No Shipments
Avenue NW., Washington, DC 20230;
3. Scope of the Order telephone: (202) 482–1766 or (202) 482– In the Preliminary Results, based on
4. Discussion of the Issues 1823, respectively. our analysis of U.S. Customs and Border
Comment 1: Bona Fide Sale Protection (CBP) information and
SUPPLEMENTARY INFORMATION:
Comment 2: Steel Plate information provided by Samsung, we
Comment 3: Market Economy Prices from Background determined that Samsung had no
Korea shipments of the subject merchandise,
For a complete description of the
Comment 4: Financial Statements
events that following the publication of
Comment 5: Flanges Operations, ‘‘Issues and Decision Memorandum for
the Preliminary Results, see the Issues
Comment 6: Calculation of Market the Final Results of the Antidumping Duty
and Decision Memorandum.2 The Issues Administrative Review of Large Residential
Economy Prices
Washers from Mexico,’’ dated concurrently with
mstockstill on DSK4VPTVN1PROD with NOTICES
5. Recommendation 1 See Large Residential Washers From Mexico: and adopted by this notice (Issues and Decision
[FR Doc. 2015–23155 Filed 9–14–15; 8:45 am] Preliminary Results of the Antidumping Duty Memorandum).
Administrative Review and Preliminary 3 A full description of the scope of the order is
BILLING CODE 3510–DS–P
Determination of No Shipments; 2012–2014, 80 FR contained in the Issues and Decision Memorandum.
12436 (March 9, 2015) (Preliminary Results). The HTSUS numbers are revised from the numbers
2 See memorandum to Paul Piquado, Assistant previously stated in the scope. See Memorandum to
Secretary for Enforcement and Compliance, from The File entitled ‘‘Changes to the HTS Numbers to
Gary Taverman, Associate Deputy Assistant the ACE Case Reference Files for the Antidumping
Secretary for Antidumping and Countervailing Duty Duty Orders,’’ dated January 6, 2015.
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Document Created: 2015-12-15 10:09:29
Document Modified: 2015-12-15 10:09:29
| 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 | Trisha Tran AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-4852. | |
| FR Citation | 80 FR 55333 |
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