83 FR 11172 - Utility Scale Wind Towers From the Socialist Republic of Vietnam: Final Determination of No Shipments; Antidumping Duty Administrative Review; 2016-2017
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 50 (March 14, 2018)
International Trade Administration
Federal Register Volume 83, Issue 50 (March 14, 2018)
| Page Range | 11172-11174 | |
| FR Document | 2018-05151 |
[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)] [Notices] [Pages 11172-11174] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05151] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-552-814] Utility Scale Wind Towers From the Socialist Republic of Vietnam: Final Determination of No Shipments; Antidumping Duty Administrative Review; 2016-2017 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is issuing a final no shipments determination in the final results of the antidumping duty administrative review on utility scale wind towers (wind towers) from the Socialist Republic of Vietnam (Vietnam) because Commerce continues to find that CS Wind Group did not have any shipments of subject merchandise by CS Wind Group during the period of review (POR). This review covers CS Wind Group where the company was the producer but not the exporter, or the exporter but not the producer of subject merchandise. DATES: Applicable March 14, 2018. 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 On May 31, 2017, Commerce published its Amended Initiation Notice.\1\ According to the Amended Initiation Notice, Commerce stated it was initiating an administrative review only on entries where CS Wind Group [[Page 11173]] was (1) the producer but not the exporter, or (2) the exporter but not the producer of subject merchandise. On November 6, 2017, Commerce published the Preliminary Results.\2\ The POR is February 1, 2016, through January 31, 2017. We invited interested parties to comment on the Preliminary Results. No party provided comments. Commerce has conducted this administrative review in accordance with section 751(a)(1) of the Tariff Act of 1930, as amended (the Act). --------------------------------------------------------------------------- \1\ See Utility Scale Wind Towers from the Socialist Republic of Vietnam: Notice of Amended Initiation of Antidumping Duty Administrative Review; 2016-2017, 82 FR 24943 (May 31, 2017) (Amended Initiation Notice). In the Amended Initiation Notice, Commerce stated that it 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, Commerce clarified in the Amended Initiation Notice that we 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, Commerce explained it was issuing the Amended Initiation Notice with respect to the CS Wind Group. More specifically, Commerce stated it was 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. \2\ See Utility Scale Wind Towers from the Socialist Republic of Vietnam: Preliminary Determination of No Shipments, and Preliminary Partial Rescission of Antidumping Duty Administrative Review, 2016- 2017, 82 FR 51386 (November 6, 2017) (Preliminary Results). --------------------------------------------------------------------------- Scope of the Order The merchandise covered by this order are certain wind towers, whether or not tapered, and sections thereof. Certain wind towers are designed to support the nacelle and rotor blades in a wind turbine with a minimum rated electrical power generation capacity in excess of 100 kilowatts and with a minimum height of 50 meters measured from the base of the tower to the bottom of the nacelle (i.e., where the top of the tower and nacelle are joined) when fully assembled. A wind tower section consists of, at a minimum, multiple steel plates rolled into cylindrical or conical shapes and welded together (or otherwise attached) to form a steel shell, regardless of coating, end-finish, painting, treatment, or method of manufacture, and with or without flanges, doors, or internal or external components (e.g., flooring/decking, ladders, lifts, electrical buss boxes, electrical cabling, conduit, cable harness for nacelle generator, interior lighting, tool and storage lockers) attached to the wind tower section. Several wind tower sections are normally required to form a completed wind tower. Wind towers and sections thereof are included within the scope whether or not they are joined with nonsubject merchandise, such as nacelles or rotor blades, and whether or not they have internal or external components attached to the subject merchandise. Specifically excluded from the scope are nacelles and rotor blades, regardless of whether they are attached to the wind tower. Also excluded are any internal or external components which are not attached to the wind towers or sections thereof. Merchandise covered by the order is currently classified in the Harmonized Tariff System of the United States (HTSUS) under subheadings 7308.20.0020 \3\ or 8502.31.0000.\4\ Prior to 2011, merchandise covered by the order was classified in the HTSUS under subheading 7308.20.0000 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- Final Determination of No Shipments As explained above, in the Preliminary Results, Commerce found that CS Wind Group did not have any shipments of subject merchandise during the POR where CS Wind Group was (1) the producer but not the exporter, or (2) the exporter but not the producer of subject merchandise. Also, in the Preliminary Results, consistent with Commerce's assessment practice in non-market economy cases, Commerce stated it was not rescinding this review but intended to complete the review with respect to CS Wind Group for which it had preliminarily found no shipments and issue appropriate instructions to U.S. Customs and Border Protection (CBP) based on the final results of the review.\5\ --------------------------------------------------------------------------- \5\ See Preliminary Results at 82 FR 51387. --------------------------------------------------------------------------- After issuing the Preliminary Results, Commerce received no comments from interested parties, and has not received any information that would cause it to alter our preliminary determination of no shipments. Therefore, for these final results, Commerce continues to find that CS Wind Group did not have any shipments of subject merchandise during the POR where CS Wind Group was (1) the producer but not the exporter, or (2) the exporter but not the producer of subject merchandise. As Commerce received no comments or new information for consideration in these final results, Commerce has not prepared an Issues and Decision Memorandum for this administrative review. Assessment Rates Commerce has determined, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review.\6\ Commerce intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. Additionally, because Commerce determined that CS Wind Group had no shipments of subject merchandise during the POR, any suspended entries that entered under CS Wind Group's antidumping duty case number (i.e., at that exporter's rate) will be liquidated at the Vietnam-wide rate.\7\ --------------------------------------------------------------------------- \6\ See 19 CFR 351.212(b). \7\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full discussion of this practice. --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For CS Wind Group, which claimed no shipments, the cash deposit rate will remain unchanged from the rate assigned to CS Wind Group in the most recently issued Notice of Court Decision Not in Harmony with the Final Determination of Less Than Fair Value Determination; \8\ (2) for previously investigated Vietnam and non-Vietnam exporters that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific 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 previously established for the Vietnam-wide entity (i.e., 58.54 percent); and (4) for all non-Vietnam exporters of subject merchandise which have not received their own 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. --------------------------------------------------------------------------- \8\ 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). --------------------------------------------------------------------------- Notifications This notice serves as a final reminder to importers 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 Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. [[Page 11174]] In accordance with 19 CFR 351.305(a)(3), this notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO, 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 sanctionable violation. These final results of this administrative review and notice are published in accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 351.213(h). Dated: March 8, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018-05151 Filed 3-13-18; 8:45 am] BILLING CODE 3510-DS-P
![11172 Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices
case and rebuttal briefs, must submit a specifications, subject fittings may also be DEPARTMENT OF COMMERCE
written request to the Assistant machined from bar stock or machined from
Secretary for Enforcement and seamless pipe and tube. International Trade Administration
Compliance, U.S. Department of All types of fittings are included in the
scope regardless of nominal pipe size (which [A–552–814]
Commerce within 30 days after the date
of publication of this notice. Requests may or may not be expressed in inches of
Utility Scale Wind Towers From the
should contain the party’s name, nominal pipe size), pressure rating (usually,
Socialist Republic of Vietnam: Final
address, and telephone number, the but not necessarily expressed in pounds of
pressure, e.g., 2,000 or 2M; 3,000 or 3M;
Determination of No Shipments;
number of participants, whether any Antidumping Duty Administrative
6,000 or 6M; 9,000 or 9M), wall thickness,
participant is a foreign national, and a Review; 2016–2017
and whether or not heat treated.
list of the issues to be discussed. If a
Excluded from this scope are all fittings AGENCY: Enforcement and Compliance,
request for a hearing is made, Commerce entirely made of stainless steel. Also
intends to hold the hearing at the U.S. International Trade Administration,
excluded are flanges, butt weld fittings, and Department of Commerce.
Department of Commerce, 1401 nipples.
Constitution Avenue NW, Washington, SUMMARY: The Department of Commerce
Also excluded are fittings certified to the (Commerce) is issuing a final no
DC 20230, at a time and date to be following standards and specifications, so
determined. Parties should confirm by shipments determination in the final
long as the fittings are not also manufactured
telephone the date, time, and location of results of the antidumping duty
to the specifications of ASME B16.11, MSS
the hearing two days before the administrative review on utility scale
SP–79, and MSS SP–83, ASTM A105, ASTM
scheduled date. A350 and ASTM A182:
wind towers (wind towers) from the
Socialist Republic of Vietnam (Vietnam)
International Trade Commission • American Petroleum Institute (API) 5CT,
because Commerce continues to find
Notification API 5L, or API 11B
that CS Wind Group did not have any
• Society of Automotive Engineering (SAE)
In accordance with section 703(f) of shipments of subject merchandise by CS
J476, SAE J514, SAE J516, SAE J517, SAE
the Act, Commerce will notify the J518, SAE J1026, SAE J1231, SAE J1453,
Wind Group during the period of review
International Trade Commission (ITC) of SAE J1926 or J2044 (POR). This review covers CS Wind
its determination. If the final • Underwriter’s Laboratories (UL) certified Group where the company was the
determination is affirmative, the ITC electrical conduit fittings producer but not the exporter, or the
will make its final determination before • ASTM A153, A536, A576, or A865 exporter but not the producer of subject
the later of 120 days after the date of this • Casing Conductor Connectors 16–42 inches merchandise.
preliminary determination or 45 days in diameter made to proprietary DATES: Applicable March 14, 2018.
after Commerce’s final determination. specifications FOR FURTHER INFORMATION CONTACT:
Notification to Interested Parties To be excluded from the scope, products Trisha Tran, AD/CVD Operations, Office
must have the appropriate standard markings IV, Enforcement and Compliance,
This determination is issued and and/or be accompanied by documentation International Trade Administration,
published pursuant to sections 703(f) showing product compliance to the U.S. Department of Commerce, 1401
and 777(i) of the Act and 19 CFR applicable standard, e.g., ‘‘API 5CT’’ mark Constitution Avenue NW, Washington,
351.205(c). and/or a mill certification report. DC 20230; telephone: (202) 482–4852.
Dated: March 7, 2018. Subject carbon and alloy forged steel
SUPPLEMENTARY INFORMATION:
Gary Taverman, fittings are normally entered under
Deputy Assistant Secretary for Antidumping Harmonized Tariff Schedule of the United Background
and Countervailing Duty Operations, States (HTSUS) 7307.99.1000, 7307.99.3000,
On May 31, 2017, Commerce
performing the non-exclusive functions and 7307.99.5045, and 7307.99.5060. They also
published its Amended Initiation
duties of the Assistant Secretary for may be entered under HTSUS 7307.92.3010,
7307.92.3030, 7307.92.9000, and
Notice.1 According to the Amended
Enforcement and Compliance.
7326.19.0010. The HTSUS subheadings and
Initiation Notice, Commerce stated it
Appendix I specifications are provided for convenience was initiating an administrative review
and customs purposes; the written only on entries where CS Wind Group
Scope of the Investigation
The merchandise covered by this description of the scope is dispositive.
1 See Utility Scale Wind Towers from the Socialist
investigation is carbon and alloy forged steel Appendix II Republic of Vietnam: Notice of Amended Initiation
fittings, whether unfinished (commonly of Antidumping Duty Administrative Review; 2016–
known as blanks or rough forgings) or List of Topics Discussed in the Preliminary 2017, 82 FR 24943 (May 31, 2017) (Amended
finished. Such fittings are made in a variety Decision Memorandum Initiation Notice). In the Amended Initiation Notice,
of shapes including, but not limited to, Commerce stated that it inadvertently initiated an
I. Summary administrative review on all entries of merchandise
elbows, tees, crosses, laterals, couplings,
II. Background exported by CS Wind Group. Because wind towers
reducers, caps, plugs, bushings and unions.
Forged steel fittings are covered regardless of III. Scope Comments that are produced and exported by CS Wind Group
IV. Scope of the Investigation were excluded from the antidumping duty order on
end finish, whether threaded, socket-weld or wind towers from Vietnam effective March 26,
other end connections. V. Alignment
2017, Commerce clarified in the Amended
While these fittings are generally VI. Injury Test Initiation Notice that we should only have initiated
manufactured to specifications ASME VII. Application of the CVD Law to Imports the administrative review on wind towers produced
B16.11, MSS SP–79, and MSS SP–83, ASTM From China in Vietnam with respect to the CS Wind Group
A105, ASTM A350 and ASTM A182, the VIII. Use of Facts Otherwise Available and where CS Wind Group was (1) the producer but not
daltland on DSKBBV9HB2PROD with NOTICES
scope is not limited to fittings made to these Adverse Inferences the exporter, or (2) the exporter but not the
specifications. producer. To correct this error in the Initiation
IX. Subsidies Valuation Notice, Commerce explained it was issuing the
The term forged is an industry term used X. Benchmarks and Interest Rates Amended Initiation Notice with respect to the CS
to describe a class of products included in XI. Analysis of Programs Wind Group. More specifically, Commerce stated it
applicable standards, and does not reference XII. Conclusion was initiating an administrative review only on
an exclusive manufacturing process. Forged entries where CS Wind Group was (1) the producer
steel fittings are not manufactured from [FR Doc. 2018–05154 Filed 3–13–18; 8:45 am] but not the exporter, or (2) the exporter but not the
casting. Pursuant to the applicable BILLING CODE 3510–DS–P producer of subject merchandise.
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![11174 Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices
In accordance with 19 CFR FOR FURTHER INFORMATION CONTACT: (1) the prices of these parcels deviated
351.305(a)(3), this notice also serves as Brian Smith or Janae Martin, AD/CVD substantially from the other prices in
a reminder to parties subject to Operations, Office VIII, Enforcement the dataset; and (2) the average price of
administrative protective order (APO) of and Compliance, International Trade the land parcels in the benchmark
their responsibility concerning the Administration, U.S. Department of would be skewed if the Istanbul and
return or destruction of proprietary Commerce, 1401 Constitution Avenue Yalova land parcels were not removed
information disclosed under APO, NW, Washington, DC 20230; telephone from the dataset.7 Additionally, in its
which continues to govern business (202) 482–1766 or (202) 482–0238, Remand Redetermination, Commerce
proprietary information in this segment respectively. stated that although it generally avoids
of the proceeding. Timely written SUPPLEMENTARY INFORMATION: selectively removing prices from
notification of the return or destruction datasets, it has occasionally done so
of APO materials, or conversion to Background after finding certain data to be clearly
judicial protective order, is hereby On July 21, 2016, Commerce aberrational or unreliable.8 In removing
requested. Failure to comply with the published its final determination in the the two parcels at issue from the
regulations and terms of an APO is a CVD investigation of HWR pipes and benchmark, Commerce found that other
sanctionable violation. tubes from Turkey.2 On September 13, issues raised by the Court, namely the
These final results of this 2016, Commerce published an amended relative levels of development of the
administrative review and notice are final determination and the CVD order.3 land parcels in the benchmark, the
published in accordance with sections The Court remanded one aspect of importance of a land parcel’s future
751(a)(l) and 777(i)(l) of the Act and 19 Commerce’s findings for further usage in Commerce’s benchmark
CFR 351.213(h). consideration.4 Specifically, in its selection, and other issues involving
Dated: March 8, 2018. Remand and Opinion Order, the Court comparability, were moot.9 Therefore,
held that, if Commerce decided to Commerce did not address these issues
Gary Taverman,
maintain its Land for Less than in the Remand Redetermination.
Deputy Assistant Secretary for Antidumping On February 1, 2018, the CIT
and Countervailing Duty Operations, Adequate Remuneration (LTAR)
benchmark calculation, it must explain sustained Commerce’s Remand
performing the non-exclusive functions and
duties of the Assistant Secretary for the following: (1) Why the high prices Redetermination.10
Enforcement and Compliance. for the Istanbul and Yalova Altinova Timken Notice
[FR Doc. 2018–05151 Filed 3–13–18; 8:45 am] (Yalova) land parcels were not
aberrational, and how calculating a In its decision in Timken,11 as
BILLING CODE 3510–DS–P
simple average of all the land parcel clarified by Diamond Sawblades,12 the
prices used in the land benchmark United States Court of Appeals for the
calculation successfully moderated the Federal Circuit (CAFC) held that,
DEPARTMENT OF COMMERCE
price disparities; (2) whether the pursuant to section 516A(e) of the Tariff
International Trade Administration Istanbul and Yalova land parcels were Act of 1930, as amended (the Act),
located in more highly developed areas Commerce must publish a notice of a
[C–489–825] court decision that is not ‘‘in harmony’’
of Turkey and how that affected
Commerce’s analysis; and (3) why the with a Commerce determination and
Heavy Walled Rectangular Welded must suspend liquidation of entries
Carbon Steel Pipes and Tubes From future usage of the land parcels is
relevant under the applicable provisions pending a ‘‘conclusive’’ court decision.
the Republic of Turkey: Notice of Court The CIT’s February 1, 2018, final
Decision Not in Harmony With the of the statute and Commerce’s
regulations.5 judgment affirming the Remand
Amended Final Determination of the Redetermination constitutes a final
Countervailing Duty Investigation On December 11, 2017, Commerce
issued its Remand Redetermination.6 In decision of that court which is not in
AGENCY: Enforcement and Compliance, its Remand Redetermination, Commerce harmony with the Amended Final
International Trade Administration, determined that there was a reasonable Determination and Order. This notice is
Department of Commerce. basis for treating the Istanbul and published in fulfillment of the
SUMMARY: On February 1, 2018, the Yalova land parcels as outliers because publication requirements of Timken.
Court of International Trade (CIT) Accordingly, Commerce will continue
entered final judgment sustaining the Notice of Clarification: Application of ‘‘Next suspension of liquidation of subject
Department of Commerce’s Business Day’’ Rule for Administrative merchandise pending expiration of the
Determination Deadlines Pursuant to the Tariff Act period of appeal or, if appealed,
(Commerce’s) remand redetermination of 1930, As Amended, 70 FR 24533 (May 10, 2005).
in the countervailing duty (CVD) 2 See Heavy Walled Rectangular Welded Carbon
pending a final and conclusive court
investigation of heavy walled Steel Pipes and Tubes from the Republic of Turkey: decision.
rectangular welded carbon steel pipes Final Affirmative Countervailing Duty
Determination, 81 FR 47349 (July 21, 2016).
Amended Final Determination
and tubes (HWR pipes and tubes) from 3 See Heavy Walled Rectangular Welded Carbon As there is now a final court decision,
the Republic of Turkey (Turkey). Steel Pipes and Tubes from the Republic of Turkey: Commerce amends its Amended Final
Commerce is notifying the public that Amended Final Affirmative Countervailing Duty
the Court’s final judgment in this case Determination and Countervailing Duty Order, 81
7 Id. at 2.
FR 62874 (September 13, 2016) (Amended Final
is not in harmony with Commerce’s Determination and Order). 8 Id.
amended final determination with 4 See Ozdemir Boru San. Ve Tic. Ltd. Sti., v. 9 Id.
respect to Ozdemir Boru Profil San. Ve
daltland on DSKBBV9HB2PROD with NOTICES
United States and Atlas Tube and Independence 10 See Ozdemir Boru San. Ve Tic. Ltd. Sti., v.
Tic. Ltd. Sti. (Ozdemir) and all other Tube Corporation Court No. 16–00206, Slip Op. 17– United States and Atlas Tube and Independence
142 (CIT October 16, 2017) (Remand Opinion and Tube Corporation Court No. 16–00206, Slip Op.18–
exporters and producers. Order). 6. (CIT February 1, 2018).
DATES: Applicable February 12, 2018.1 5 Id. at 44–45. 11 See Timken Co. v. United States, 893 F.2d 337
6 See Final Results of Remand Redetermination (Fed. Cir. 1990) (Timken).
1 February 11, 2018, ten days after the Court’s Pursuant to Court Remand, Court No. 16–00206, 12 See Diamond Sawblades Mfrs. Coalition v.
opinion was issued, falls on a Sunday. Therefore, dated December 11, 2017, available at: http:// United States, 626 F.3d 1374 (Fed. Cir. 2010)
the effective date is Monday, February 12, 2018. See ia.ita.doc.gov/remands/ (Remand Redetermination). (Diamond Sawblades).
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Document Created: 2018-03-14 01:06:56
Document Modified: 2018-03-14 01:06:56
| 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 | Applicable March 14, 2018. | |
| 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 | 83 FR 11172 |
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