83 FR 19220 - Utility Scale Wind Towers From the People's Republic of China and the Socialist Republic of Vietnam: Final Results of Expedited First Sunset Reviews of Antidumping Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 85 (May 2, 2018)

As a result of these sunset reviews, the Department of Commerce (Commerce) finds that revocation of the antidumping duty orders on utility scale wind towers (wind towers) from the People's Republic of China (China) and the Socialist Republic of Vietnam (Vietnam) would be likely to lead to continuation or recurrence of dumping at the level identified in the ``Final Results of Review'' section of this notice.

[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Notices]
[Pages 19220-19221]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09312]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-981, A-552-814]


Utility Scale Wind Towers From the People's Republic of China and 
the Socialist Republic of Vietnam: Final Results of Expedited First 
Sunset Reviews of Antidumping Duty Orders

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

SUMMARY: As a result of these sunset reviews, the Department of 
Commerce (Commerce) finds that revocation of the antidumping duty 
orders on utility scale wind towers (wind towers) from the People's 
Republic of China (China) and the Socialist Republic of Vietnam 
(Vietnam) would be likely to lead to continuation or recurrence of 
dumping at the level identified in the ``Final Results of Review'' 
section of this notice.

DATES: Applicable May 2, 2018.

FOR FURTHER INFORMATION CONTACT: Ariela Garvett, 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) 482-3609.

SUPPLEMENTARY INFORMATION: On February 15, 2013, Commerce published the 
antidumping duty orders on wind towers from China and Vietnam.\1\ On 
January 2, 2018, Commerce published the initiation of the first sunset 
review of the Orders, pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act).\2\ On January 17, 2018, Commerce received 
timely notices of intent to participate in these reviews from the Wind 
Tower Trade Coalition (WTTC), a domestic interested party, within the 
deadline specified in 19 CFR 351.218(d)(1)(i).\3\ WTTC claimed 
interested party status under section 771(9)(C) and (F) of the Act as a 
coalition of manufacturers in the United States of a domestic like 
product. On February 5, 2018, Commerce received complete and adequate 
substantive responses from WTTC within 30-day deadline specified in 19 
CFR 351.218(d)(3)(i).\4\ Commerce received no substantive responses 
from respondent interested parties. As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted expedited (120-day) sunset reviews of the AD Orders. Commerce 
exercised its discretion to toll all deadlines affected by the closure 
of the Federal Government from January 20

[[Page 19221]]

through 22, 2018. If the new deadline falls on a non-business day, in 
accordance with Commerce's practice, the deadline will become the next 
business day. The revised deadline for the final results is now May 7, 
2018.\5\
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    \1\ See Utility Scale Wind Towers from the People's Republic of 
China: Antidumping Duty Order, 78 FR 11146 (February 15, 2013); and 
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) (Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 142 
(January 2, 2018).
    \3\ See WTTC's Letter, ``Utility Scale Wind Towers from the 
People's Republic of China: Notice of Intent to Participate in 
Sunset Review'' (January 17, 2018). See also Letter from WTTC to 
Commerce, ``Utility Scale Wind Towers from the Socialist Republic of 
Vietnam: Notice of Intent to Participate in Sunset Review,'' 
(January 17, 2018).
    \4\ See WTTC's Letter, ``Utility Scale Wind Towers from the 
People's Republic of China: Substantive Response to Notice of 
Initiation of Sunset Review'' (February 5, 2018). See also WTTC's 
Letter, ``Utility Scale Wind Towers from the Socialist Republic of 
Vietnam: Substantive Response to Notice of Initiation of Sunset 
Review'' (February 5, 2018).
    \5\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days. In addition, because the deadline falls on a 
non-business day (i.e., the weekend), pursuant to Commerce's 
practice, the deadline will become the next business day. The 
revised deadline is May 7, 2018.
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Scope of the Orders

    The merchandise covered by these orders is 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 roto 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 orders is currently classified in the 
Harmonized Tariff System of the United States (HTSUS) under subheadings 
7308.20.0020 \6\ or 8502.31.0000.\7\ Prior to 2011, merchandise covered 
by this review was classified in the HTSUS under subheading 
7308.20.0000 and may continue to be to some degree. While HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the subject merchandise is dispositive.
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    \6\ Wind towers are classified under HTSUS 7308.20.0020 when 
imported as a tower or tower section(s) alone.
    \7\ 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).
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Analysis of Comments Received

    A complete discussion of all issues raised in these reviews, 
including the likelihood of continuation or recurrence of dumping in 
the event of revocation of the Orders and the magnitude of the margins 
likely to prevail if the Orders were revoked, is provided in the 
accompanying Issues and Decision Memorandum, which is hereby adopted by 
this notice.\8\ A list of the topics discussed in the Issues and 
Decision Memorandum is attached to this notice as Appendix. The Issues 
and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
to all parties in the Central Records Unit, Room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the internet 
at http://enforcement.trade.gov/frn/. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.
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    \8\ See Memorandum, ``Issues and Decision Memorandum for the 
Expedited First Sunset Reviews of the Antidumping Duty Orders on 
Utility Scale Wind Towers from the People's Republic of China and 
the Socialist Republic of Vietnam,'' dated concurrently with this 
notice (Issues and Decision Memorandum).
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Final Results of Sunset Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Orders would be likely to 
lead to continuation or recurrence of dumping, and that the magnitude 
of the dumping margins likely to prevail would be weighted-average 
margins up to 60.02 percent for China and up to 58.54 percent for 
Vietnam.

Notification to Interested Parties

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, 19 
CFR 351.218, and 19 CFR 351.221(c)(5)(ii).

    Dated: April 26, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Dumping Margins Likely to Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation

[FR Doc. 2018-09312 Filed 5-1-18; 8:45 am]
 BILLING CODE 3510-DS-P