82_FR_15552 82 FR 15493 - 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

82 FR 15493 - 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 82, Issue 59 (March 29, 2017)

Page Range15493-15494
FR Document2017-06254

On March 16, 2017, the United States Court of International Trade (CIT or Court) issued its final judgment, affirming the Department of Commerce's (the Department) final results of redetermination concerning the less-than-fair-value investigation (LTFV) of utility scale wind towers from the Socialist Republic of Vietnam (Vietnam). The Department is notifying the public that the Court's final judgment in this case is not in harmony with the Department's final determination in the LTFV investigation on utility scale wind towers from Vietnam, and is amending the final determination with respect to CS Wind Vietnam Co., Ltd. and CS Wind Corporation (collectively, CS Wind Group).

Federal Register, Volume 82 Issue 59 (Wednesday, March 29, 2017) 
[Federal Register Volume 82, Number 59 (Wednesday, March 29, 2017)]
[Notices]
[Pages 15493-15494]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06254]


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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 March 16, 2017, the United States Court of International 
Trade (CIT or Court) issued its final judgment, affirming the 
Department of Commerce's (the Department) final results of 
redetermination concerning the less-than-fair-value investigation 
(LTFV) of utility scale wind towers from the Socialist Republic of 
Vietnam (Vietnam). The Department is notifying the public that the 
Court's final judgment in this case is not in harmony with the 
Department's final determination in the LTFV investigation on utility 
scale wind towers from Vietnam, and is amending the final determination 
with respect to CS Wind Vietnam Co., Ltd. and CS Wind Corporation 
(collectively, CS Wind Group).

DATES: Effective March 26, 2017.

FOR FURTHER INFORMATION CONTACT: Trisha Tran, Office IV, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; 
telephone: (202) 482-4852.

SUPPLEMENTARY INFORMATION: 

Background

    On February 15, 2013, the Department published its amended final 
determination and antidumping duty order in this proceeding.\1\ 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.\2\ On July 29, 2014, the Department filed its 
results of redetermination pursuant to remand in accordance with the 
CIT's order.\3\
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    \1\ 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 Amended Final Determination).
    \2\ See CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. 
United States, 971 F. Supp. 2d 1271 (CIT 2014).
    \3\ 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); see also http://enforcement.trade.gov/remands/index.html.
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    On November 3, 2014, the CIT affirmed, in part, and remanded in 
part, the Department's Final First Redetermination, which resulted in a 
weighted-average dumping margin of 17.07 percent for the CS Wind 
Group.\4\ In the Final Second Redetermination, the Department revised 
its calculation of certain surrogate financial ratios.\5\ The Court 
affirmed the Department's second remand in its entirety on May 11, 
2015, which resulted in a weighted-average dumping margin of 17.02 
percent for the CS Wind Group.\6\
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    \4\ 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).
    \5\ 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, (November 3, 2014),'' dated 
January 21, 2015 (Final Second Redetermination); see also http://enforcement.trade.gov/remands/index.html.
    \6\ 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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    The CS Wind Group challenged the CIT's affirmance of the 
Department's Final Second Redetermination. On August 12, 2016, the CAFC 
directed the CIT to remand the matter to the Department, and in so 
doing: (1) reversed the CIT's affirmance of the Department's use of 
packing weights rather than the factors of production (FOP) weights in 
its calculation of surrogate value; and, (2) vacated and remanded the 
CIT's overhead determination with respect to jobwork charges, erection 
expenses, and civil expenses.\7\ The Department issued its

[[Page 15494]]

Final Third Redetermination \8\ on December 9, 2016. On March 16, 2017, 
the Court affirmed the Department's Final Third Redetermination in its 
entirety.\9\
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    \7\ See CS Wind Vietnam Co., Ltd., and CS Wind Corporation v. 
United States and Wind Tower Coalition, 832 F. 3d 1367 (Fed. Cir. 
2016).
    \8\ 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, dated October 4, 2016 (Third 
Final Redetermination).
    \9\ See CS Wind Vietnam Co., Ltd. and CS Wind Corporatio v. 
United States, Consol. Court No. 13-00102, Slip Op. 17-26 (CIT March 
16, 2017); see also http://enforcement.trade.gov/remands/index.html.
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Timken Notice

    In its decision in Timken,\10\ as clarified by Diamond 
Sawblades,\11\ 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 March 16, 2017, judgment 
affirming the Final Third Redetermination 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.
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    \10\ Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) 
(Timken).
    \11\ Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination

    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 
this exporter/producer combination is 0.00 percent.\12\
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    \12\ See Final Third Redetermination.

------------------------------------------------------------------------
                                                           Estimated
                                                       weighted-average
           Producer                   Exporter          dumping margin
                                                           (percent)
------------------------------------------------------------------------
CS Wind Group................  CS Wind Group........               0.00
------------------------------------------------------------------------

Partial Exclusion From the Antidumping Duty Order and Partial 
Discontinuation of the Antidumping Duty Administrative Review

    Pursuant to sections 735(c)(2) of the Act, ``the investigation 
shall be terminated upon publication of that negative determination'' 
and the Department shall ``terminate the suspension of liquidation'' 
and ``release any bond or other security, and refund any cash 
deposit.'' See Sections 735(c)(2)(A) and (B) of the Act. As a result of 
this amended final determination, in which the Department calculated a 
weighted-average dumping margin of 0.00 percent for CS Wind Group, the 
Department is hereby excluding merchandise from the following producer/
exporter chain from the antidumping duty order:
    Producer: CS Wind Group.
    Exporter: CS Wind Group.
    Accordingly, the Department will direct U.S. Customs and Border 
Protection (CBP) to release any bonds or other security and refund cash 
deposits. This exclusion does not apply to merchandise produced by CS 
Wind Group and exported by any other company. Therefore, resellers of 
merchandise produced, or produced and exported by CS Wind Group, are 
not entitled to the exclusion. Similarly, the exclusion does not apply 
to merchandise produced by any other company and exported by CS Wind 
Group.
    We note, however, that pursuant to Timken, the suspension of 
liquidation must continue during the pendency of the appeals process. 
Thus, at this time we will instruct CBP to continue the suspension of 
liquidation at a cash deposit rate of 0.00 percent for entries produced 
and exported by CS Wind Group until otherwise instructed and to release 
any bond or other security that CS Wind Group made pursuant to the 
Final Third Redetermination. If the CIT's ruling is not appealed, or if 
appealed and upheld, the Department will instruct CBP to terminate the 
suspension of liquidation and to liquidate entries produced and 
exported by CS Wind Group without regard to antidumping duties. As a 
result of the exclusion, the Department will not initiate any new 
administrative reviews of the antidumping duty order with respect to 
merchandise produced and exported by CS Wind Group. The review will 
continue with regard to merchandise produced by CS Wind Group and 
exported by another company or produced by any other company and 
exported by CS Wind Group.
    Finally, we note that, at this time, the Department remains 
enjoined by Court order from liquidating entries produced and/or 
exported by CS Wind Group during the period February 13, 2013, through 
January 31, 2014. These entries will remain enjoined pursuant to the 
terms of the injunction during the pendency of any appeals process.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: March 24, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2017-06254 Filed 3-28-17; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Notices 15493 LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE [3/14/2017 through 3/23/2017] Date Firm name Firm address accepted for Product(s) investigation Giering Metal Finishing, Inc ........... 2655 State Street, Hamden, CT 3/16/2017 The firm is a metal finishing job shop that special- 06517. izes in the application of organic coatings, with processes such as: Electrocoating, powder coat- ing, compliant paint coating, conversion coating, silk screening, masking, and packaging. Coastal Woodworking, Inc ............. 16 Sand Hill Road, Post Office 3/17/2017 The firm manufactures custom wood displays and Box 137, Nobleboro, ME 04555. consumer packaging products. Dechert Dynamics Corporation ...... 713 West Main Street, Palmyra, 3/21/2017 The firm offers machining services, such as milling PA 17078. and turning, utilizing CNC technology. Consolidated Storage Companies, 225 Main Street, Tatamy, PA 3/21/2017 The firm manufactures industrial grade storage sys- Inc. d/b/a Equipto, Inc. 18085. tems, of steel, such as shelving, cabinetry, and the like. Any party having a substantial (LTFV) of utility scale wind towers from On November 3, 2014, the CIT interest in these proceedings may the Socialist Republic of Vietnam affirmed, in part, and remanded in part, request a public hearing on the matter. (Vietnam). The Department is notifying the Department’s Final First A written request for a hearing must be the public that the Court’s final Redetermination, which resulted in a submitted to the Trade Adjustment judgment in this case is not in harmony weighted-average dumping margin of Assistance for Firms Division, Room with the Department’s final 17.07 percent for the CS Wind Group.4 71030, Economic Development determination in the LTFV investigation In the Final Second Redetermination, Administration, U.S. Department of on utility scale wind towers from the Department revised its calculation of Commerce, Washington, DC 20230, no Vietnam, and is amending the final certain surrogate financial ratios.5 The later than ten (10) calendar days determination with respect to CS Wind Court affirmed the Department’s second following publication of this notice. Vietnam Co., Ltd. and CS Wind remand in its entirety on May 11, 2015, Please follow the requirements set Corporation (collectively, CS Wind Group). which resulted in a weighted-average forth in EDA’s regulations at 13 CFR dumping margin of 17.02 percent for the 315.9 for procedures to request a public DATES: Effective March 26, 2017. CS Wind Group.6 hearing. The Catalog of Federal FOR FURTHER INFORMATION CONTACT: Domestic Assistance official number The CS Wind Group challenged the Trisha Tran, Office IV, Enforcement and and title for the program under which Compliance, International Trade CIT’s affirmance of the Department’s these petitions are submitted is 11.313, Administration, U.S. Department of Final Second Redetermination. On Trade Adjustment Assistance for Firms. Commerce, 1401 Constitution Avenue August 12, 2016, the CAFC directed the NW., Washington, DC 20230; telephone: CIT to remand the matter to the Miriam Kearse, (202) 482–4852. Department, and in so doing: (1) Lead Program Analyst. SUPPLEMENTARY INFORMATION: reversed the CIT’s affirmance of the [FR Doc. 2017–06165 Filed 3–28–17; 8:45 am] Department’s use of packing weights BILLING CODE 3510–WH–P Background rather than the factors of production On February 15, 2013, the Department (FOP) weights in its calculation of published its amended final surrogate value; and, (2) vacated and DEPARTMENT OF COMMERCE determination and antidumping duty remanded the CIT’s overhead International Trade Administration order in this proceeding.1 The CS Wind determination with respect to jobwork Group appealed the Wind Towers Final charges, erection expenses, and civil [A–552–814] Determination to the CIT, and on March expenses.7 The Department issued its 27, 2014, the CIT remanded the Wind Utility Scale Wind Towers From the Towers Final Determination to the Wind Corporation v. United States, Consol. Court Socialist Republic of Vietnam: Notice Department.2 On July 29, 2014, the No. 13–00102, Slip Op. 14–33, dated July 29, 2014 of Court Decision Not in Harmony With Department filed its results of (Final First Redetermination); see also http:// the Final Determination of Less Than redetermination pursuant to remand in enforcement.trade.gov/remands/index.html. Fair Value Investigation and Notice of accordance with the CIT’s order.3 4 See CS Wind Vietnam Co., Ltd. and CS Wind Amended Final Determination of Corporation v. United States, Consol. Court No. 13– 00102, Slip Op. 14–128 (CIT November 3, 2014). Investigation 1 See Utility Scale Wind Towers from the Socialist 5 See Final Redetermination Pursuant to Court Republic of Vietnam: Final Determination of Sales AGENCY: Enforcement and Compliance, at Less Than Fair Value, 77 FR 75984 (December Order, ‘‘CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United States, Consol. Court No. 13– International Trade Administration, 26, 2012), as amended by Utility Scale Wind Towers 00102, Slip Op. 14–128, (November 3, 2014),’’ dated Department of Commerce. from the Socialist Republic of Vietnam: Amended mstockstill on DSK3G9T082PROD with NOTICES Final Determination of Sales at Less Than Fair January 21, 2015 (Final Second Redetermination); SUMMARY: On March 16, 2017, the Value and Antidumping Duty Order, 78 FR 11150 see also http://enforcement.trade.gov/remands/ United States Court of International (February 15, 2013) (Wind Towers Amended Final index.html. 6 See CS Wind Vietnam Co., Ltd. and CS Wind Trade (CIT or Court) issued its final Determination). 2 See CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United States, Consol. Court No. 13– judgment, affirming the Department of 00102, Slip Op. 15–45 (CIT May 11, 2015). Corporation v. United States, 971 F. Supp. 2d 1271 Commerce’s (the Department) final (CIT 2014). 7 See CS Wind Vietnam Co., Ltd., and CS Wind results of redetermination concerning 3 See Final Results of Redetermination Pursuant Corporation v. United States and Wind Tower the less-than-fair-value investigation to Court Order, CS Wind Vietnam Co., Ltd. and CS Coalition, 832 F. 3d 1367 (Fed. Cir. 2016). VerDate Sep<11>2014 16:54 Mar 28, 2017 Jkt 241001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1

15494 Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Notices Final Third Redetermination 8 on must publish a notice of a court Amended Final Determination December 9, 2016. On March 16, 2017, decision that is not ‘‘in harmony’’ with the Court affirmed the Department’s a Department determination and must Because there is now a final court Final Third Redetermination in its suspend liquidation of entries pending decision with respect to this litigation, entirety.9 a ‘‘conclusive’’ court decision. The CIT’s the Department is amending the Wind March 16, 2017, judgment affirming the Towers Final Determination with Timken Notice respect to the CS Wind Group’s Final Third Redetermination constitutes In its decision in Timken,10 as a final decision of that court that is not dumping margin and cash deposit rate. clarified by Diamond Sawblades,11 the in harmony with the Wind Towers Final The revised dumping margin and cash CAFC held that, pursuant to section Determination. This notice is published deposit rate for this exporter/producer 516A(e) of the Tariff Act of 1930, as in fulfillment of the publication combination is 0.00 percent.12 amended (the Act), the Department requirements of Timken. Estimated weighted-average Producer Exporter dumping margin (percent) CS Wind Group ....................................................................... CS Wind Group ....................................................................... 0.00 Partial Exclusion From the we will instruct CBP to continue the Dated: March 24, 2017. Antidumping Duty Order and Partial suspension of liquidation at a cash Gary Taverman, Discontinuation of the Antidumping deposit rate of 0.00 percent for entries Associate Deputy Assistant Secretary for Duty Administrative Review produced and exported by CS Wind Antidumping and Countervailing Duty Pursuant to sections 735(c)(2) of the Group until otherwise instructed and to Operations. Act, ‘‘the investigation shall be release any bond or other security that [FR Doc. 2017–06254 Filed 3–28–17; 8:45 am] terminated upon publication of that CS Wind Group made pursuant to the BILLING CODE 3510–DS–P negative determination’’ and the Final Third Redetermination. If the Department shall ‘‘terminate the CIT’s ruling is not appealed, or if suspension of liquidation’’ and ‘‘release appealed and upheld, the Department DEPARTMENT OF COMMERCE any bond or other security, and refund will instruct CBP to terminate the International Trade Administration any cash deposit.’’ See Sections suspension of liquidation and to 735(c)(2)(A) and (B) of the Act. As a liquidate entries produced and exported [C–570–009] result of this amended final by CS Wind Group without regard to determination, in which the Department Calcium Hypochlorite From the antidumping duties. As a result of the calculated a weighted-average dumping People’s Republic of China: Final exclusion, the Department will not Decision To Rescind the margin of 0.00 percent for CS Wind initiate any new administrative reviews Group, the Department is hereby Countervailing Duty New Shipper of the antidumping duty order with Review of Haixing Jingmei Chemical excluding merchandise from the respect to merchandise produced and Products Sales Co., Ltd. following producer/exporter chain from exported by CS Wind Group. The the antidumping duty order: AGENCY: Enforcement and Compliance, Producer: CS Wind Group. review will continue with regard to Exporter: CS Wind Group. merchandise produced by CS Wind International Trade Administration, Accordingly, the Department will Group and exported by another Department of Commerce. direct U.S. Customs and Border company or produced by any other SUMMARY: On January 3, 2017, the Protection (CBP) to release any bonds or company and exported by CS Wind Department of Commerce (the other security and refund cash deposits. Group. Department) published its Preliminary This exclusion does not apply to Finally, we note that, at this time, the intent to rescind the new shipper review merchandise produced by CS Wind Department remains enjoined by Court (NSR) of the countervailing duty order Group and exported by any other on calcium hypochlorite from the order from liquidating entries produced company. Therefore, resellers of People’s Republic of China (PRC). The and/or exported by CS Wind Group merchandise produced, or produced period of review is May 27, 2014, during the period February 13, 2013, and exported by CS Wind Group, are through December 31, 2015. As through January 31, 2014. These entries not entitled to the exclusion. Similarly, discussed below, we announced our will remain enjoined pursuant to the preliminary intent to rescind this review the exclusion does not apply to terms of the injunction during the because the Department requested but merchandise produced by any other company and exported by CS Wind pendency of any appeals process. did not receive from Haixing Jingmei Group. Notification to Interested Parties Chemical Products Sales Co., Ltd. We note, however, that pursuant to (Jingmei) and its customers’ information Timken, the suspension of liquidation This notice is issued and published in requested by the Department to must continue during the pendency of accordance with sections 516A(e)(1), determine whether, and conclude that, mstockstill on DSK3G9T082PROD with NOTICES the appeals process. Thus, at this time 751(a)(1), and 777(i)(1) of the Act. the sale under review is bona fide. 8 See Final Results of Redetermination Pursuant 9 See CS Wind Vietnam Co., Ltd. and CS Wind 10 Timken Co. v. United States, 893 F.2d 337 to Court Order, CS Wind Vietnam Co., Ltd. and CS Corporatio v. United States, Consol. Court No. 13– (Fed. Cir. 1990) (Timken). Wind Corporation v. United States, Consol. Court 00102, Slip Op. 17–26 (CIT March 16, 2017); see 11 Diamond Sawblades Mfrs. Coalition v. United No. 13–00102, dated October 4, 2016 (Third Final also http://enforcement.trade.gov/remands/ States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Redetermination). index.html. Sawblades). 12 See Final Third Redetermination. VerDate Sep<11>2014 16:54 Mar 28, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1


Document Created: 2017-03-29 01:14:53
Document Modified: 2017-03-29 01:14:53
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
DatesEffective March 26, 2017.
ContactTrisha Tran, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4852.
FR Citation82 FR 15493 
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