80_FR_61077 80 FR 60882 - Utility Scale Wind Towers From the People's Republic of China: Notice of Rescission of Antidumping Duty Administrative Review; 2014-2015

80 FR 60882 - Utility Scale Wind Towers From the People's Republic of China: Notice of Rescission of Antidumping Duty Administrative Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 195 (October 8, 2015)

Page Range60882-60883
FR Document2015-25684

The Department of Commerce (``the Department'') is rescinding its administrative review of utility scale wind towers (``wind towers'') from the People's Republic of China (``PRC'') for the period February 1, 2014 through January 31, 2015 (``POR''), based on the withdrawal of request for review.

Federal Register, Volume 80 Issue 195 (Thursday, October 8, 2015) 
[Federal Register Volume 80, Number 195 (Thursday, October 8, 2015)]
[Notices]
[Pages 60882-60883]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25684]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-981]


Utility Scale Wind Towers From the People's Republic of China: 
Notice of Rescission of Antidumping Duty Administrative Review; 2014-
2015

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

SUMMARY: The Department of Commerce (``the Department'') is rescinding 
its administrative review of utility scale wind towers (``wind 
towers'') from the People's Republic of China (``PRC'') for the period 
February 1, 2014 through January 31, 2015 (``POR''), based on the 
withdrawal of request for review.

DATES: Effective Date: October 8, 2015.

FOR FURTHER INFORMATION CONTACT: Robert Galantucci, 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-
2923.

SUPPLEMENTARY INFORMATION:

Background

    On February 2, 2015, the Department published the notice of 
opportunity to request an administrative review of the antidumping duty 
order on wind towers from the PRC for the POR.\1\ On February 25, 2015, 
in accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the ``Act''), and 19 CFR 351.213(b), the Department received a timely 
request from the Wind Tower Trade Coalition (``Petitioner'') to conduct 
an administrative review.\2\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 80 FR 5509 (February 2, 2015).
    \2\ See Letter from Petitioner, ``Utility Scale Wind Towers from 
the People's Republic of China: Request for Administrative Review,'' 
dated February 25, 2015.
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    Pursuant to this request and in accordance with 19 CFR 
351.221(c)(1)(i), on April 3, 2015, the Department published a notice 
of initiation of an administrative review of the antidumping duty order 
on wind towers from the PRC.\3\ On July 1, 2015, Petitioner withdrew 
its request for an administrative review.\4\
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    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 18202 (April 3, 2014) (``Initiation 
Notice'').
    \4\ See Letter from Petitioner, ``Utility Scale Wind Towers from 
the People's Republic of China: Withdrawal of Request for 
Administrative Review,'' dated July 1, 2015.

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[[Page 60883]]

Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if the party that requested 
a review withdraws the request within 90 days of the publication date 
of the notice of initiation of the requested review. As noted above, 
Petitioner withdrew its request for review within 90 days of the 
publication date of the Initiation Notice. No other parties requested 
an administrative review of the order. Therefore, in accordance with 19 
CFR 351.213(d)(1), we are rescinding this review in its entirety.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to assess antidumping duties on all appropriate entries of 
wind towers from the PRC. Antidumping duties shall be assessed at rates 
equal to the cash deposit of estimated antidumping duties required at 
the time of entry, or withdrawal from warehouse, for consumption in 
accordance with 19 CFR 351.212(c)(1)(i). The Department intends to 
issue appropriate assessment instructions to CBP 15 days after the date 
of publication of this notice of rescission of administrative review.

Notifications

    This notice also serves as a final reminder to importers for whom 
this review is being rescinded 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 Secretary's presumption that reimbursement of the 
antidumping duties occurred and the subsequent assessment of double 
antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/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.
    This notice is published in accordance with section 751 of the Act, 
and 19 CFR 351.213(d)(4).

    Dated: October 1, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2015-25684 Filed 10-7-15; 8:45 am]
 BILLING CODE 3510-DS-P

60882 Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Notices currently classifiable under the Notification to Importers DEPARTMENT OF COMMERCE Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheadings: This notice serves as final reminder to International Trade Administration 0703.20.0000, 0703.20.0005, importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate [A–570–981] 0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0090, regarding the reimbursement of Utility Scale Wind Towers From the 0710.80.7060, 0710.80.9750, antidumping duties prior to liquidation People’s Republic of China: Notice of 0711.90.6000, 0711.90.6500, of the relevant entries during this POR. Rescission of Antidumping Duty 2005.90.9500, 2005.90.9700, and Failure to comply with this requirement Administrative Review; 2014–2015 2005.99.9700. A full description of the could result in the Secretary of scope of the order is contained in the Commerce’s presumption that AGENCY: Enforcement and Compliance, Issues and Decision Memorandum.4 reimbursement of antidumping duties International Trade Administration, Although the HTSUS subheadings are occurred and the subsequent assessment Department of Commerce. provided for convenience and customs of double antidumping duties. SUMMARY: The Department of Commerce purposes, the written product (‘‘the Department’’) is rescinding its description is dispositive. Return or Destruction of Proprietary administrative review of utility scale Information wind towers (‘‘wind towers’’) from the Final Rescission of New Shipper Review This notice serves as a reminder to People’s Republic of China (‘‘PRC’’) for parties subject to administrative the period February 1, 2014 through As we explain in the Issues and January 31, 2015 (‘‘POR’’), based on the Decision Memorandum and in the protective order (APO) of their withdrawal of request for review. proprietary Kaihua Bona Fides responsibility concerning the disposition of business proprietary DATES: Effective Date: October 8, 2015. Memorandum 5 issued with the Preliminary Results, due to the totality information disclosed under the APO in FOR FURTHER INFORMATION CONTACT: of circumstances, including the price, accordance with 19 CFR 351.305(a)(3). Robert Galantucci, AD/CVD Operations, discrepancies relating to expenses We request timely written notification Office IV, Enforcement and Compliance, arising from the transaction, lack of of return or destruction of APO International Trade Administration, definitive proof of payment, and pattern materials or conversion to judicial U.S. Department of Commerce, 14th of inconsistencies in Kaihua’s protective order. Failure to comply with Street and Constitution Avenue NW., submissions, we continue to find that the regulations and the terms of an APO Washington, DC 20230; telephone: (202) Kaihua’s sale is not bona fide. As a 482–2923. is a sanctionable violation. result, we are rescinding the new SUPPLEMENTARY INFORMATION: This notice is issued and published shipper review of Kaihua. Background this notice in accordance with sections Analysis of Comments Received 751(a)(2)(B) and 777(i) of the Tariff Act On February 2, 2015, the Department All issues raised in the case and of 1930, as amended, and 19 CFR published the notice of opportunity to rebuttal briefs are addressed in the 351.214. request an administrative review of the Issues and Decision Memorandum. A Dated: October 1, 2015. antidumping duty order on wind towers list of the issues that are raised in the Ronald K. Lorentzen, from the PRC for the POR.1 On February briefs and addressed in the Issues and 25, 2015, in accordance with section Acting Assistant Secretary for Enforcement 751(a) of the Tariff Act of 1930, as Decision Memorandum is in the and Compliance. appendix of this notice. amended (the ‘‘Act’’), and 19 CFR Appendix 351.213(b), the Department received a Cash Deposit Requirements timely request from the Wind Tower Effective upon publication of the final List of Topics Discussed in the Issues and Trade Coalition (‘‘Petitioner’’) to rescission of the NSR of Kaihua, the Decision Memorandum conduct an administrative review.2 Department will instruct CBP to 1. Summary Pursuant to this request and in discontinue the option of posting a bond 2. Background accordance with 19 CFR or security in lieu of a cash deposit for 3. Scope of the Order 351.221(c)(1)(i), on April 3, 2015, the entries of subject merchandise by 4. Discussion of the Issues Department published a notice of Kaihua. Cash deposits will be required Comment 1: Whether The Price Of initiation of an administrative review of for exports of subject merchandise by Kaihua’s Garlic Was Bona Fide the antidumping duty order on wind Kaihua entered, or withdrawn from Comment 2: Whether The Comparison Of towers from the PRC.3 On July 1, 2015, warehouse, for consumption on or after Single-Clove Garlic With Multi-Clove Petitioner withdrew its request for an the publication date, at the PRC-wide Garlic Comports With Recent Decisions administrative review.4 rate. Comment 3: Whether CBP Data Contains Errors 1 See Antidumping or Countervailing Duty Order, Assessment Instructions Comment 4: Whether Kaihua Reported Finding, or Suspended Investigation; Opportunity As the result of this rescission of the Accurate And Actual Expense And to Request Administrative Review, 80 FR 5509 NSR of Kaihua, the entries of Kaihua Accounting Data (February 2, 2015). 2 See Letter from Petitioner, ‘‘Utility Scale Wind covered by this NSR will be assessed at Comment 5: Whether Kaihua Provided Towers from the People’s Republic of China: mstockstill on DSK4VPTVN1PROD with NOTICES the PRC-wide rate. Proof Of Payment Request for Administrative Review,’’ dated Comment 6: Whether There Is A Pattern Of February 25, 2015. 4 Seethe Issues and Decision Memorandum. Inconsistencies With Kaihua’s 3 See Initiation of Antidumping and 5 SeeMemorandum to Edward Yang, Office Submissions Countervailing Duty Administrative Reviews, 80 FR Director, AD/CVD Operations Office VII, ‘‘Bona 5. Recommendation 18202 (April 3, 2014) (‘‘Initiation Notice’’). Fide Nature of the Sales in the Antidumping Duty 4 See Letter from Petitioner, ‘‘Utility Scale Wind [FR Doc. 2015–25705 Filed 10–7–15; 8:45 am] New Shipper Review of Fresh Garlic from the Towers from the People’s Republic of China: People’s Republic of China (PRC): Jinxiang Kaihua BILLING CODE 3510–DS–P Withdrawal of Request for Administrative Review,’’ Imp & Exp Co., Ltd.’’ dated June 3, 2015. dated July 1, 2015. VerDate Sep<11>2014 16:41 Oct 07, 2015 Jkt 238001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\08OCN1.SGM 08OCN1

Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Notices 60883 Rescission of Review Dated: October 1, 2015. the period of investigation (POI) (see Pursuant to 19 CFR 351.213(d)(1), the Christian Marsh, section 751(a)(2)(B)(i)(I) of the Act and Department will rescind an Deputy Assistant Secretary for Antidumping 19 CFR 351.214(b)(2)(ii)(A)); (2) since administrative review, in whole or in and Countervailing Duty Operations. the initiation of the investigation it has part, if the party that requested a review [FR Doc. 2015–25684 Filed 10–7–15; 8:45 am] never been affiliated with any exporter withdraws the request within 90 days of BILLING CODE 3510–DS–P or producer that exported subject the publication date of the notice of merchandise to the United States during initiation of the requested review. As the POI, including those companies not noted above, Petitioner withdrew its DEPARTMENT OF COMMERCE individually examined during the request for review within 90 days of the investigation (see section International Trade Administration publication date of the Initiation Notice. 751(a)(2)(B)(i)(II) of the Act and 19 CFR No other parties requested an [A–570–851] 351.214(b)(2)(iii)(A)); and (3) its export administrative review of the order. activities are not controlled by the Therefore, in accordance with 19 CFR Certain Preserved Mushrooms From central government of the PRC (see 19 351.213(d)(1), we are rescinding this the People’s Republic of China: CFR 351.214(b)(2)(iii)(B)). Kangfa also review in its entirety. Initiation of Antidumping Duty New certified that: (1) It did not export the Shipper Review Assessment subject merchandise to the United AGENCY: Enforcement and Compliance, States during the POI (see 19 CFR The Department will instruct U.S. International Trade Administration, 351.214(b)(2)(ii)(B)); and (2) since the Customs and Border Protection (‘‘CBP’’) Department of Commerce. initiation of the investigation, Kangfa to assess antidumping duties on all DATES: Effective Date: October 8, 2015. has never been affiliated with any appropriate entries of wind towers from the PRC. Antidumping duties shall be SUMMARY: The Department of Commerce exporter or producer that exported assessed at rates equal to the cash (the Department) is initiating a new subject merchandise during the POI, deposit of estimated antidumping duties shipper review of the antidumping duty including those companies not required at the time of entry, or order on certain preserved mushrooms individually examined during the withdrawal from warehouse, for (mushrooms) from the People’s investigation.3 consumption in accordance with 19 Republic of China (PRC) involving Linyi Moreover, in accordance with 19 CFR CFR 351.212(c)(1)(i). The Department Yuqiao International Trade Co., Ltd. 351.214(b)(2)(iv), Yuqiao submitted intends to issue appropriate assessment (Yuqiao). The period of review (POR) of documentation establishing the instructions to CBP 15 days after the this new shipper review is February 1, following: (1) The date on which it first date of publication of this notice of 2015, through July 31, 2015. entered merchandise into the United rescission of administrative review. FOR FURTHER INFORMATION CONTACT: States; (2) the volume of its first Michael J. Heaney or Robert James, AD/ shipment and a statement that it had no Notifications CVD Operations, Office VI, Enforcement subsequent shipments; and (3) the date This notice also serves as a final and Compliance, International Trade of its first sale to an unaffiliated reminder to importers for whom this Administration, U.S. Department of customer in the United States.4 review is being rescinded of their Commerce, 14th Street and Constitution responsibility under 19 CFR Avenue NW., Washington, DC 20230, Finally, the Department conducted a 351.402(f)(2) to file a certificate telephone: (202) 482–4475 or (202) 482– U.S. Customs and Border Protection regarding the reimbursement of 0649, respectively. (CBP) database query and confirmed the antidumping duties prior to liquidation SUPPLEMENTARY INFORMATION: price, quantity, and date of entry of the of the relevant entries during this sale at issue.5 Notably, the CBP data review period. Failure to comply with Background indicate that Yuqiao’s sale and entry of this requirement could result in the On February 19, 1999, the Department subject merchandise occurred during Secretary’s presumption that published the antidumping duty order the POR and the entry was suspended reimbursement of the antidumping on mushrooms from the PRC.1 Pursuant for antidumping duties. duties occurred and the subsequent to section 751(a)(2)(B)(i) of the Tariff assessment of double antidumping Period of Review Act of 1930, as amended (the Act), we duties. received a timely request for a new Pursuant to 19 CFR This notice also serves as a reminder shipper review of the order from 351.214(g)(1)(i)(B), the POR for new to parties subject to administrative Yuqiao.2 In its request for review, shipper reviews initiated in the month protective orders (‘‘APO’’) of their Yuqiao identified itself as the exporter immediately following the semiannual responsibility concerning the return or of the subject merchandise, while listing destruction of proprietary information anniversary month will be the six the producer as Linyi City Kangfa month period immediately preceding disclosed under APO in accordance Foodstuff Drinkable Co., Ltd. (Kangfa). with 19 CFR 351.305, which continues the semiannual anniversary month. Pursuant to the requirements set forth to govern business proprietary Therefore, because the semiannual in section 751(a)(2)(B)(i) of the Act and information in this segment of the anniversary month of this order is 19 CFR 351.214(b)(2), Yuqiao certified proceeding. Timely written notification August, the POR for this new shipper that: (1) It did not export subject of the return/destruction of APO review is February 1, 2015, through July merchandise to the United States during 31, 2015. mstockstill on DSK4VPTVN1PROD with NOTICES materials or conversion to judicial protective order is hereby requested. 1 See Notice of Amendment of Final Failure to comply with the regulations Determination of Sales at Less Than Fair Value and 3 Id. at Attachment 1. and terms of an APO is a violation Antidumping Duty Order: Certain Preserved 4 Id. at Attachment 2. Mushrooms From the People’s Republic of China, 5 Id.; see also Memorandum to the File from the which is subject to sanction. 64 FR 8308 (February 19, 1999). Case Analyst, ‘‘Certain Preserved Mushrooms from This notice is published in 2 See Letter from Yuqiao to Secretary of the People’s Republic of China: Customs Data for accordance with section 751 of the Act, Commerce, dated August 28, 2015 (Yuqiao NSR’’, dated September 14, 2015, and herein and 19 CFR 351.213(d)(4). Request). incorporated by reference. VerDate Sep<11>2014 16:41 Oct 07, 2015 Jkt 238001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\08OCN1.SGM 08OCN1


Document Created: 2015-12-15 08:43:09
Document Modified: 2015-12-15 08:43:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactRobert Galantucci, 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- 2923.
FR Citation80 FR 60882 
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