83_FR_19305 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

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)

Page Range19220-19221
FR Document2018-09312

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 Issue 85 (Wednesday, May 2, 2018) 
[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

19220 Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices selected companies.7 The revised net Amended Final Results countervailable subsidy rates for the subsidies rates are provided below. producers/exporters under review to be As result of correcting the ministerial as follows: errors, we determine that that the Subsidy rate Company (percent ad valorem) GITI Tire Global Trading Pte. Ltd./GITI Tire (USA) Ltd./GITI Radial Tire (Anhui) Company Ltd. (GITI Anhui Radial)/ GITI Tire (Fujian) Company Ltd (GITI Fujian)/GITI Tire (Hualin) Company Ltd. (GITI Hualin) (collectively, GITI) ........ 15.75 Cooper (Kunshan) Tire Co., Ltd. (Cooper) .......................................................................................................................... 15.10 Zhongce Rubber Group Company Limited ......................................................................................................................... 114.48 Non-Selected Companies Under Review ............................................................................................................................ 15.53 Assessment Rates Disclosure Results of Review’’ section of this Commerce intends to issue We intend to disclose the calculations notice. assessment instructions to U.S. Customs performed for these amended final DATES: Applicable May 2, 2018. and Border Protection (CBP) 15 days results to interested parties within five FOR FURTHER INFORMATION CONTACT: after the date of publication of these business days of the date of the Ariela Garvett, AD/CVD Operations, amended final results of review, to publication of this notice in accordance Office IV, Enforcement and Compliance, liquidate shipments of subject with 19 CFR 351.224(b). International Trade Administration, merchandise entered, or withdrawn We are issuing and publishing these U.S. Department of Commerce, 1401 from warehouse, for consumption, on or results in accordance with sections Constitution Avenue NW, Washington, after December 1, 2014, through 751(h) and 777(i)(1) of the Act, and 19 DC 20230; telephone: (202) 482–3609. December 31, 2015, at the ad valorem CFR 351.224(e). rates listed above. SUPPLEMENTARY INFORMATION: On Dated: April 25, 2018. February 15, 2013, Commerce published Commerce also intends to instruct CBP to collect cash deposits of Christian Marsh, the antidumping duty orders on wind estimated countervailing duties, in the Deputy Assistant Secretary for Enforcement towers from China and Vietnam.1 On amounts shown above for the and Compliance. January 2, 2018, Commerce published companies listed above on shipments of [FR Doc. 2018–09285 Filed 5–1–18; 8:45 am] the initiation of the first sunset review subject merchandise entered, or BILLING CODE 3510–DS–P of the Orders, pursuant to section 751(c) withdrawn from warehouse, for of the Tariff Act of 1930, as amended consumption on or after March 16, (the Act).2 On January 17, 2018, 2018, the date of publication of the DEPARTMENT OF COMMERCE Commerce received timely notices of Final Results. For all non-reviewed intent to participate in these reviews International Trade Administration from the Wind Tower Trade Coalition firms, we will instruct CBP to collect cash deposits at the most-recent [A–570–981, A–552–814] (WTTC), a domestic interested party, company specific or all-others rate within the deadline specified in 19 CFR applicable to the company, as Utility Scale Wind Towers From the 351.218(d)(1)(i).3 WTTC claimed appropriate. These cash deposit People’s Republic of China and the interested party status under section requirements, when imposed, shall Socialist Republic of Vietnam: Final 771(9)(C) and (F) of the Act as a remain in effect until further notice. Results of Expedited First Sunset coalition of manufacturers in the United Reviews of Antidumping Duty Orders States of a domestic like product. On Administrative Protective Order February 5, 2018, Commerce received This notice also serves as a reminder AGENCY: Enforcement and Compliance, complete and adequate substantive to parties subject to administrative International Trade Administration, responses from WTTC within 30-day protective order (APO) of their Department of Commerce. deadline specified in 19 CFR responsibility concerning the SUMMARY: As a result of these sunset 351.218(d)(3)(i).4 Commerce received no destruction of proprietary information reviews, the Department of Commerce substantive responses from respondent disclosed under APO in accordance (Commerce) finds that revocation of the interested parties. As a result, pursuant with 19 CFR 351.305(a)(3). Timely antidumping duty orders on utility scale to section 751(c)(3)(B) of the Act and 19 written notification of the return or wind towers (wind towers) from the CFR 351.218(e)(1)(ii)(C)(2), Commerce destruction of APO materials or People’s Republic of China (China) and conducted expedited (120-day) sunset conversion to judicial protective order is the Socialist Republic of Vietnam reviews of the AD Orders. Commerce hereby requested. Failure to comply (Vietnam) would be likely to lead to exercised its discretion to toll all with the regulations and terms of an continuation or recurrence of dumping deadlines affected by the closure of the APO is a sanctionable violation. at the level identified in the ‘‘Final Federal Government from January 20 7 Id. at 8. Because we relied on GITI’s and Than Fair Value and Antidumping Duty Order, 78 Republic of Vietnam: Notice of Intent to Participate Cooper’s subsidy rates to calculate the rate for non- daltland on DSKBBV9HB2PROD with NOTICES FR 11150 (February 15, 2013) (Orders). in Sunset Review,’’ (January 17, 2018). selected companies under review, we are revising 2 See Initiation of Five-Year (Sunset) Reviews, 83 4 See WTTC’s Letter, ‘‘Utility Scale Wind Towers the rate for non-selected companies under review FR 142 (January 2, 2018). in these amended final results. from the People’s Republic of China: Substantive 3 See WTTC’s Letter, ‘‘Utility Scale Wind Towers 1 See Utility Scale Wind Towers from the People’s Response to Notice of Initiation of Sunset Review’’ from the People’s Republic of China: Notice of (February 5, 2018). See also WTTC’s Letter, ‘‘Utility Republic of China: Antidumping Duty Order, 78 FR Intent to Participate in Sunset Review’’ (January 17, Scale Wind Towers from the Socialist Republic of 11146 (February 15, 2013); and Utility Scale Wind Towers from the Socialist Republic of Vietnam: 2018). See also Letter from WTTC to Commerce, Vietnam: Substantive Response to Notice of Amended Final Determination of Sales at Less ‘‘Utility Scale Wind Towers from the Socialist Initiation of Sunset Review’’ (February 5, 2018). VerDate Sep<11>2014 22:14 May 01, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\02MYN1.SGM 02MYN1

Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices 19221 through 22, 2018. If the new deadline 7308.20.0020 6 or 8502.31.0000.7 Prior Notification to Interested Parties falls on a non-business day, in to 2011, merchandise covered by this This notice serves as the only accordance with Commerce’s practice, review was classified in the HTSUS reminder to parties subject to the deadline will become the next under subheading 7308.20.0000 and administrative protective order (APO) of business day. The revised deadline for may continue to be to some degree. their responsibility concerning the the final results is now May 7, 2018.5 While HTSUS subheadings are provided return or destruction of proprietary Scope of the Orders for convenience and customs purposes, information disclosed under APO in the written description of the subject accordance with 19 CFR 351.305. The merchandise covered by these merchandise is dispositive. Timely written notification of the return orders is certain wind towers, whether or destruction of APO materials, or or not tapered, and sections thereof. Analysis of Comments Received conversion to judicial protective order, Certain wind towers are designed to is hereby requested. Failure to comply support the nacelle and rotor blades in A complete discussion of all issues raised in these reviews, including the with the regulations and terms of an a wind turbine with a minimum rated APO is a violation which is subject to electrical power generation capacity in likelihood of continuation or recurrence of dumping in the event of revocation of sanction. excess of 100 kilowatts and with a We are issuing and publishing these minimum height of 50 meters measured the Orders and the magnitude of the margins likely to prevail if the Orders results and notice in accordance with from the base of the tower to the bottom sections 751(c), 752(c), and 777(i)(1) of of the nacelle (i.e., where the top of the were revoked, is provided in the accompanying Issues and Decision the Act, 19 CFR 351.218, and 19 CFR tower and nacelle are joined) when fully 351.221(c)(5)(ii). assembled. Memorandum, which is hereby adopted A wind tower section consists of, at by this notice.8 A list of the topics Dated: April 26, 2018. a minimum, multiple steel plates rolled discussed in the Issues and Decision Christian Marsh, into cylindrical or conical shapes and Memorandum is attached to this notice Deputy Assistant Secretary for Enforcement welded together (or otherwise attached) as Appendix. The Issues and Decision and Compliance. to form a steel shell, regardless of Memorandum is a public document and Appendix coating, end-finish, painting, treatment, is on file electronically via Enforcement and Compliance’s Antidumping and List of Topics Discussed in the Issues and or method of manufacture, and with or Decision Memorandum without flanges, doors, or internal or Countervailing Duty Centralized external components (e.g., flooring/ Electronic Service System (ACCESS). I. Summary II. Background decking, ladders, lifts, electrical buss ACCESS is available to registered users III. Scope of the Orders boxes, electrical cabling, conduit, cable at http://access.trade.gov and to all IV. History of the Orders harness for nacelle generator, interior parties in the Central Records Unit, V. Legal Framework lighting, tool and storage lockers) Room B8024 of the main Department of VI. Discussion of the Issues attached to the wind tower section. Commerce building. In addition, a 1. Likelihood of Continuation or Several wind tower sections are complete version of the Issues and Recurrence of Dumping normally required to form a completed Decision Memorandum can be accessed 2. Magnitude of the Dumping Margins Likely to Prevail wind tower. directly on the internet at http:// VII. Final Results of Sunset Reviews Wind towers and sections thereof are enforcement.trade.gov/frn/. The signed VIII. Recommendation included within the scope whether or Issues and Decision Memorandum and [FR Doc. 2018–09312 Filed 5–1–18; 8:45 am] not they are joined with nonsubject the electronic version of the Issues and BILLING CODE 3510–DS–P merchandise, such as nacelles or rotor Decision Memorandum are identical in blades, and whether or not they have content. internal or external components DEPARTMENT OF COMMERCE attached to the subject merchandise. Final Results of Sunset Reviews Specifically excluded from the scope International Trade Administration Pursuant to sections 751(c)(1) and are nacelles and roto blades, regardless 752(c)(1) and (3) of the Act, Commerce of whether they are attached to the wind North American Free Trade Agreement determines that revocation of the Orders tower. Also excluded are any internal or (NAFTA), Article 1904 Binational Panel would be likely to lead to continuation external components which are not Review: Notice of Request for Panel or recurrence of dumping, and that the attached to the wind towers or sections Review thereof. magnitude of the dumping margins likely to prevail would be weighted- AGENCY: United States Section, NAFTA Merchandise covered by the orders is average margins up to 60.02 percent for Secretariat, International Trade currently classified in the Harmonized China and up to 58.54 percent for Administration, Department of Tariff System of the United States Vietnam. Commerce. (HTSUS) under subheadings ACTION: Notice of NAFTA Request for 5 See Memorandum for The Record from 6 Wind towers are classified under HTSUS Panel Review in the matter of Large Christian Marsh, Deputy Assistant Secretary for 7308.20.0020 when imported as a tower or tower Residential Washers from Mexico: Final Enforcement and Compliance, performing the non- section(s) alone. 7 Wind towers may also be classified under results of antidumping duty exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, HTSUS 8502.31.0000 when imported as part of a administrative review (Secretariat File Number: USA–MEX–2018–1904–04). daltland on DSKBBV9HB2PROD with NOTICES ‘‘Deadlines Affected by the Shutdown of the wind turbine (i.e., accompanying nacelles and/or Federal Government’’ (Tolling Memorandum), rotor blades). dated January 23, 2018. All deadlines in this 8 See Memorandum, ‘‘Issues and Decision SUMMARY: A Request for Panel Review segment of the proceeding have been extended by Memorandum for the Expedited First Sunset was filed on behalf of Electrolux Home 3 days. In addition, because the deadline falls on Reviews of the Antidumping Duty Orders on Utility Products, Inc., Electrolux Home a non-business day (i.e., the weekend), pursuant to Scale Wind Towers from the People’s Republic of Commerce’s practice, the deadline will become the China and the Socialist Republic of Vietnam,’’ Products Corp. N.V., and Electrolux next business day. The revised deadline is May 7, dated concurrently with this notice (Issues and Home Products de Mexico, S.A. de C.V. 2018. Decision Memorandum). (collectively ‘‘Electrolux’’) with the VerDate Sep<11>2014 22:14 May 01, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\02MYN1.SGM 02MYN1


Document Created: 2018-05-02 00:49:56
Document Modified: 2018-05-02 00:49:56
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
DatesApplicable May 2, 2018.
ContactAriela 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.
FR Citation83 FR 19220 
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