83 FR 22960 - Utility Scale Wind Towers From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 96 (May 17, 2018)

The Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on utility scale wind towers (wind towers) from the People's Republic of China (China) would likely lead to the continuation or recurrence of a countervailable subsidy at the levels indicated in the Final Results of Review section of this notice.

[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)]
[Notices]
[Pages 22960-22962]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10555]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-982]


Utility Scale Wind Towers From the People's Republic of China: 
Final Results of the Expedited First Sunset Review of the 
Countervailing Duty Order

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

SUMMARY: The Department of Commerce (Commerce) finds that revocation of 
the countervailing duty (CVD) order on utility scale wind towers (wind 
towers) from the People's Republic of China (China) would likely lead 
to the continuation or recurrence of a countervailable subsidy at the 
levels indicated in the Final Results of Review section of this notice.

DATES: Applicable May 17, 2018.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-4793.

SUPPLEMENTARY INFORMATION: 

Background

    The Order on wind towers from China was published in the Federal 
Register on February 15, 2013.\1\ On January 2, 2018, Commerce 
initiated this sunset review of the Order on wind towers from China 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the

[[Page 22961]]

Act).\2\ On January 17, 2018, Commerce received a notice of intent to 
participate from the Wind Tower Trade Coalition (the petitioner) within 
the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ The petitioner 
claimed interested party status under section 771(9)(C) and (F) of the 
Act, as manufacturers, producers, or wholesalers in the United States 
of the domestic like product and as an association composed of domestic 
manufacturers, producers, or wholesalers. On February 5, 2018, Commerce 
received an adequate substantive response from the petitioner within 
the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\4\ Commerce 
did not receive a substantive response from the Government of China or 
a respondent interested party to this proceeding. As a result, pursuant 
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)(2) 
and (C)(2), Commerce conducted an expedited review of the Order.
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    \1\ See Utility Scale Wind Towers from the People's Republic of 
China: Countervailing Duty Order, 78 FR 11152 (February 15, 2013) 
(Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 100 
(January 2, 2018).
    \3\ See Letter from the petitioner regarding ``Notice of Intent 
to Participate in Sunset Review,'' dated January 17, 2018.
    \4\ See Letter from the petitioner regarding ``Substantive 
Response to Notice of Initiation of Sunset Review,'' dated February 
5, 2018.
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    Commerce has exercised its discretion to toll all deadlines 
affected by the duration of the closure of the Federal Government from 
January 20 through 22, 2018. The revised deadline for the final results 
of this expedited sunset review is May 7, 2018.\5\
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    \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,'' dated January 23, 2018. All deadlines in 
this segment of the proceeding affected by the closure of the 
Federal Government have been extended by three days.
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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 \6\ or 8502.31.0000.\7\ 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.
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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

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum, which is dated concurrently with and adopted by 
this notice.\8\ The issues discussed in the Issues and Decision 
Memorandum include the likelihood of continuation or recurrence of a 
countervailable subsidy and the net countervailable subsidy likely to 
prevail if the Order were revoked. Parties can find a complete 
discussion of all issues raised in this expedited sunset review and the 
corresponding recommendations in this public memorandum, which 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 https://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 at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic versions of the Issues and Decision 
Memorandum are identical in content.
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    \8\ See Memorandum from James Maeder, Associate Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
performing the duties of the Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to 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, regarding 
``Issues and Decision Memorandum for the Final Results of the 
Expedited First Sunset Review of the Countervailing Duty Order on 
Utility Scale Wind Towers from the People's Republic of China,'' 
dated concurrently with and adopted by this notice (Issues and 
Decision Memorandum).
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Final Results of Review

    Pursuant to sections 752(b)(1) and (3) of the Act, we determine 
that revocation of the Order on wind towers from China would be likely 
to lead to continuation or recurrence of a net countervailable subsidy 
at the rates listed below:

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
            Manufacturer/producer/exporter                 subsidy ad
                                                          valorem rate
                                                            (percent)
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CS Wind China Co., Ltd., CS Wind Tech (Shanghai) Co.,              21.86
 Ltd., and CS Wind Corporation (collectively, CS Wind)
Titan Wind Energy (Suzhou) Co. Ltd. (Titan Wind),                  34.81
 Titan Lianyungang Metal Product Co. Ltd. (Titan
 Lianyungang), Baotou Titan Wind Power Equipment Co.,
 Ltd. (Titan Baotou), and Shenyang Titan Metal Co.,
 Ltd. (Titan Shenyang) (collectively, Titan Companies)
All Others............................................             28.34
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[[Page 22962]]

Notification Regarding Administrative Protective Order

    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 
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 the terms of an APO is a sanctionable 
violation.
    Commerce is issuing and publishing these final results and this 
notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the 
Act.

    Dated: May 4, 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. 2018-10555 Filed 5-16-18; 8:45 am]
BILLING CODE 3510-DS-P