82 FR 24943 - Utility Scale Wind Towers From the Socialist Republic of Vietnam: Notice of Amended Initiation of Antidumping Duty Administrative Review; 2016-2017
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 103 (May 31, 2017)
International Trade Administration
Federal Register Volume 82, Issue 103 (May 31, 2017)
| Page Range | 24943-24944 | |
| FR Document | 2017-11205 |
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)] [Notices] [Pages 24943-24944] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11205] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-552-814] Utility Scale Wind Towers From the Socialist Republic of Vietnam: Notice of Amended Initiation of Antidumping Duty Administrative Review; 2016-2017 AGENCY: Enforcement and Compliance, International Trade Administration, Commerce. DATES: Effective May 31, 2017. FOR FURTHER INFORMATION CONTACT: Trisha Tran, AD/CVD Operations, 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 In the amended final determination and antidumping duty order of this underlying investigation, the Department of Commerce (the Department) determined that CS Wind Vietnam Co., Ltd., and CS Wind Corporation are a single entity: The CS Wind Group.\1\ On March 16, 2017, the United States Court of International Trade (CIT) issued its final judgment, sustaining the Department's final results of redetermination concerning the less-than-fair value investigation of utility scale wind towers (wind towers) from the Socialist Republic of Vietnam (Vietnam).\2\ On March 29, 2017, pursuant to that Court decision, effective March 26, 2017, the Department excluded from the antidumping duty order wind towers that are produced and exported by The CS Wind Group.\3\ --------------------------------------------------------------------------- \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, 11152 (February 15, 2013) (Wind Towers Amended Final Determination)(where the Department stated, ``The CS Wind Group consists of CS Wind Vietnam Co., Ltd. and CS Wind Corporation.''). \2\ See CS Wind Vietnam Co., Ltd., and CS Wind Corporation v. United States, Slip Op. 17-26 (CIT 2017). \3\ See 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 (March 29, 2017). --------------------------------------------------------------------------- Amendment to the Initiation On April 10, 2017, the Department published a notice of initiation of an administrative review of the antidumping duty order on wind towers from Vietnam for the period February 1, 2016, through January 31, 2017.\4\ In the Initiation Notice, the Department inadvertently initiated an administrative review on all entries of merchandise exported by CS Wind Group. Because wind towers that are produced and exported by CS Wind Group were excluded from the antidumping duty order on wind towers from Vietnam effective March 26, 2017, the Department should only have initiated the administrative review on wind towers produced in Vietnam with respect to the CS Wind Group where CS Wind Group was (1) the producer but not the exporter, or (2) the exporter but not the producer. To correct this error in the Initiation Notice, the Department is now issuing this notice of amended initiation of the 2016-2017 antidumping duty administrative review of wind towers from Vietnam with respect to the CS Wind Group. The Department is initiating an administrative review only on entries where CS Wind Group was (1) the producer but not the exporter, or (2) the exporter but not the producer of subject merchandise. The initiation with respect to Vina Halla Heavy Industries Ltd. and UBI Tower Sole Member Company Ltd., remains unchanged. --------------------------------------------------------------------------- \4\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 17188 (April 10, 2017) (Initiation Notice). --------------------------------------------------------------------------- Deadline for Withdrawal of Request for Administrative Review Pursuant to 19 CFR 351.213(d)(1), a party that has requested a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The Initiation Notice was published on April 10, 2017. Accordingly, the current deadline for withdrawal of request for this administrative review is July 10, 2017.\5\ --------------------------------------------------------------------------- \5\ 90 days after the publication of the Initiation Notice would place the deadline on a Sunday, July 9, 2017. The Department's practice dictates that where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ``Next Business Day'' Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). --------------------------------------------------------------------------- [[Page 24944]] This amended initiation is issued and published in accordance with section 751(a) of the Tariff Act of 1930, as amended, and 19 CFR --------------------------------------------------------------------------- 351.221(c)(1)(i). Dated: May 24, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2017-11205 Filed 5-30-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Notices 24943
for future deposits of estimated duties, IV. Preliminary Determination of No that are produced and exported by The
where applicable. Shipments CS Wind Group.3
We intend to issue instructions to V. Use of Facts Available and Adverse
CBP 15 days after the publication date Inferences Amendment to the Initiation
of the final results of this review. VI. Conclusion On April 10, 2017, the Department
[FR Doc. 2017–11203 Filed 5–30–17; 8:45 am] published a notice of initiation of an
Cash Deposit Requirements BILLING CODE 3510–DS–P administrative review of the
The following deposit requirements antidumping duty order on wind towers
will be effective upon publication of the from Vietnam for the period February 1,
notice of final results of administrative DEPARTMENT OF COMMERCE 2016, through January 31, 2017.4 In the
review for all shipments of nails from Initiation Notice, the Department
the UAE entered, or withdrawn from International Trade Administration inadvertently initiated an administrative
warehouse, for consumption on or after review on all entries of merchandise
the date of publication as provided by [A–552–814] exported by CS Wind Group. Because
section 751(a)(2) of the Act: (1) The cash wind towers that are produced and
deposit rates for ODS will be the rates Utility Scale Wind Towers From the exported by CS Wind Group were
established in the final results of this Socialist Republic of Vietnam: Notice excluded from the antidumping duty
administrative review; (2) for of Amended Initiation of Antidumping order on wind towers from Vietnam
merchandise exported by manufacturers Duty Administrative Review; 2016– effective March 26, 2017, the
or exporters not covered in this review 2017 Department should only have initiated
but covered in a prior segment of the the administrative review on wind
proceeding, the cash deposit rate will AGENCY: Enforcement and Compliance,
towers produced in Vietnam with
continue to be the company-specific rate International Trade Administration,
respect to the CS Wind Group where CS
published for the most recent period; (3) Commerce.
Wind Group was (1) the producer but
if the exporter is not a firm covered in DATES: Effective May 31, 2017. not the exporter, or (2) the exporter but
this review, a prior review, or the not the producer. To correct this error
FOR FURTHER INFORMATION CONTACT:
original investigation but the in the Initiation Notice, the Department
manufacturer is, the cash deposit rate Trisha Tran, AD/CVD Operations, Office
is now issuing this notice of amended
will be the rate established for the most IV, Enforcement and Compliance,
initiation of the 2016–2017 antidumping
recent period for the manufacturer of International Trade Administration,
duty administrative review of wind
the merchandise; (4) the cash deposit U.S. Department of Commerce, 1401
towers from Vietnam with respect to the
rate for all other manufacturers or Constitution Avenue NW., Washington,
CS Wind Group. The Department is
exporters will continue to be 4.30 DC 20230; telephone: (202) 482–4852.
initiating an administrative review only
percent, the all-others rate established SUPPLEMENTARY INFORMATION: on entries where CS Wind Group was
in the Order.9 These cash deposit (1) the producer but not the exporter, or
Background
requirements, when imposed, shall (2) the exporter but not the producer of
remain in effect until further notice. In the amended final determination subject merchandise. The initiation with
Notification to Importers and antidumping duty order of this respect to Vina Halla Heavy Industries
underlying investigation, the Ltd. and UBI Tower Sole Member
This notice serves as a preliminary Department of Commerce (the Company Ltd., remains unchanged.
reminder to importers of their Department) determined that CS Wind
responsibility under 19 CFR Vietnam Co., Ltd., and CS Wind Deadline for Withdrawal of Request for
351.402(f)(2) to file a certificate Corporation are a single entity: The CS Administrative Review
regarding the reimbursement of Wind Group.1 On March 16, 2017, the Pursuant to 19 CFR 351.213(d)(1), a
antidumping duties prior to liquidation United States Court of International party that has requested a review may
of the relevant entries during this POR. Trade (CIT) issued its final judgment, withdraw that request within 90 days of
Failure to comply with this requirement sustaining the Department’s final results the date of publication of the notice of
could result in the Secretary’s of redetermination concerning the less- initiation of the requested review. The
presumption that reimbursement of than-fair value investigation of utility Initiation Notice was published on April
antidumping duties occurred and scale wind towers (wind towers) from 10, 2017. Accordingly, the current
increase the subsequent assessment of the Socialist Republic of Vietnam deadline for withdrawal of request for
the antidumping duties by the amount (Vietnam).2 On March 29, 2017, this administrative review is July 10,
of the antidumping duties reimburses. pursuant to that Court decision, 2017.5
The preliminary results of review are effective March 26, 2017, the
issued and published in accordance Department excluded from the 3 See Utility Scale Wind Towers from the Socialist
with sections 751(a)(1) and 777(i) of the antidumping duty order wind towers Republic of Vietnam: Notice of Court Decision Not
Act. in Harmony with the Final Determination of Less
Than Fair Value Investigation and Notice of
Dated: May 16, 2017. 1 See Utility Scale Wind Towers from the Socialist Amended Final Determination of Investigation, 82
Ronald K. Lorentzen, Republic of Vietnam: Final Determination of Sales FR 15493 (March 29, 2017).
at Less Than Fair Value, 77 FR 75984 (December 4 See Initiation of Antidumping and
Acting Assistant Secretary for Enforcement 26, 2012), as amended by Utility Scale Wind Towers Countervailing Duty Administrative Reviews, 82 FR
and Compliance. from the Socialist Republic of Vietnam: Amended 17188 (April 10, 2017) (Initiation Notice).
nlaroche on DSK30NT082PROD with NOTICES
Final Determination of Sales at Less Than Fair 5 90 days after the publication of the Initiation
Appendix—List of Topics Discussed in Value and Antidumping Duty Order, 78 FR 11150, Notice would place the deadline on a Sunday, July
the Preliminary Decision Memorandum 11152 (February 15, 2013) (Wind Towers Amended 9, 2017. The Department’s practice dictates that
Final Determination)(where the Department stated, where a deadline falls on a weekend or federal
I. Summary
‘‘The CS Wind Group consists of CS Wind Vietnam holiday, the appropriate deadline is the next
II. Background Co., Ltd. and CS Wind Corporation.’’). business day. See Notice of Clarification:
III. Scope of the Order 2 See CS Wind Vietnam Co., Ltd., and CS Wind Application of ‘‘Next Business Day’’ Rule for
Corporation v. United States, Slip Op. 17–26 (CIT Administrative Determination Deadlines Pursuant
9 See Order. 2017). Continued
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![24944 Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Notices
This amended initiation is issued and Special Accommodations Federal e-Rulemaking Portal. Go to
published in accordance with section This meeting is physically accessible www.regulations.gov/#!docketDetail;D=
751(a) of the Tariff Act of 1930, as to people with disabilities. This meeting NOAA-NMFS-2017-0020. Click the
amended, and 19 CFR 351.221(c)(1)(i). will be recorded. Consistent with U.S.C. ‘Comment Now!’’ icon, complete the
Dated: May 24, 2017. 1852, a copy of the recording is required fields, and enter or attach your
Gary Taverman, available upon request. Requests for comments.
sign language interpretation or other • Mail: Submit written comments to
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations. auxiliary aids should be directed to Therese Conant, National Marine
Thomas A. Nies, Executive Director, at Fisheries Service, 1315 East-West
[FR Doc. 2017–11205 Filed 5–30–17; 8:45 am]
978–465–0492, at least 5 days prior to Highway, Silver Spring, MD 20910.
BILLING CODE 3510–DS–P
the meeting date. Instructions: You must submit
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Authority: 16 U.S.C. 1801 et seq.
DEPARTMENT OF COMMERCE to ensure that we receive, document,
Dated: May 26, 2017. and consider them. Comments sent by
National Oceanic and Atmospheric Tracey L. Thompson, any other method, to any other address
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BILLING CODE 3510–22–P a part of the public record and will
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SUMMARY: The New England Fishery Listing and Recovery Priority the required fields if you wish to remain
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scheduling a joint public meeting of its AGENCY: National Marine Fisheries SUPPLEMENTARY INFORMATION:
Whiting Committee and Advisory Panel Service (NMFS), National Oceanic and
on June 14, 2017, to consider actions Background
Atmospheric Administration (NOAA),
affecting New England fisheries in the Commerce. Section 4(f) of the Endangered Species
exclusive economic zone (EEZ). ACTION: Notice of availability and Act (ESA) (16 U.S.C. 1533(f)) requires
Recommendations from this group will request for comment. the Secretary to develop recovery plans
be brought to the full Council for formal for all species listed pursuant to the
consideration and action, if appropriate. SUMMARY: We, NMFS, are proposing to ESA, unless he/she finds that such a
DATES: This meeting will be held on revise the Recovery Plan Preparation plan will not promote the recovery of
Wednesday, June 14, 2017, at 9:30 a.m. and Implementation Priorities and the species. Section 4(h) requires the
Recovery Plans contained in the 1990 Secretary to establish a system for
ADDRESSES:
Listing and Recovery Priority developing and implementing, on a
Meeting address: The meeting will be Guidelines. We propose to revise the priority basis, recovery plans under
held at the Holiday Inn, 31 Hampshire guidelines to better prioritize limited Section 4(f). We finalized guidance for
Street, Mansfield, MA 02048; agency resources to advance the prioritizing recovery plan development
Telephone: (508) 339–2200. recovery of threatened and endangered and implementation on June 15, 1990
Council address: New England species guided by the immediacy of the (55 FR 24296). However, through our
Fishery Management Council, 50 Water species’ overall extinction risk, extent of application of the Recovery Plan
Street, Mill 2, Newburyport, MA 01950. information regarding major threats, and Preparation and Implementation
FOR FURTHER INFORMATION CONTACT: certainty that management or protective Priorities and Recovery Plans (see parts
Thomas A. Nies, Executive Director, actions can be implemented ‘B’ and ‘C’ June 15, 1990 55 FR 24296),
New England Fishery Management successfully. We are not proposing we have determined that the guidelines
Council; telephone: (978) 465–0492. changes to the Listing, Reclassification, contain vague definitions and lack
SUPPLEMENTARY INFORMATION: and Delisting Priorities contained in the sufficient detail regarding factors that
1990 Listing and Recovery Priority should be considered when evaluating
Agenda Guidelines. We have found those threats and recovery potential. For these
The Committee and Advisory Panel guidelines to be sufficient in prioritizing reasons, we propose revisions to the
will receive a report from the Plan listing actions and thus do not warrant Recovery Plan Preparation and
Development Team on estimated a revision at this time. Implementation Priorities and Recovery
impacts of Amendment 22 limited DATES: Comments on the proposed Plan parts of the 1990 Listing and
access alternatives and develop revision must be received by close of Recovery Priority Guidelines.
nlaroche on DSK30NT082PROD with NOTICES
recommendations for preferred business on June 30, 2017. The Listing, Reclassification, and
alternatives for the draft amendment. ADDRESSES: You may submit comments Delisting Priorities can be found in the
Other business will be discussed as on this document, identified by NOAA– original Federal Register notice (see
necessary. NMFS–2017–0020 by either of the part ‘A’ June 15, 1990 55 FR 24296). The
following methods: Listing, Reclassification, and Delisting
to the Tariff Act of 1930, As Amended, 70 FR 24533 • Electronic Submissions: Submit all Priorities remain unchanged and will be
(May 10, 2005). electronic public comments via the repeated in the final notice revising
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Document Created: 2017-05-31 05:59:38
Document Modified: 2017-05-31 05:59:38
| 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 | |
| Dates | Effective May 31, 2017. | |
| Contact | Trisha Tran, AD/CVD Operations, 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 Citation | 82 FR 24943 |
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