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)
International Trade Administration
Federal Register Volume 83, Issue 96 (May 17, 2018)
| Page Range | 22960-22962 | |
| FR Document | 2018-10555 |
[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] ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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) ------------------------------------------------------------------------ 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 ------------------------------------------------------------------------ [[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
![22960 Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Notices
of the Tariff Act of 1930, as amended Department of Commerce, 1401 Dated: May 2, 2018.
(the Act), and 19 CFR 351.214. For a full Constitution Avenue NW, Washington, Gary Taverman,
description of the methodology DC 20230.8 Deputy Assistant Secretary for Antidumping
underlying our conclusions, see the Commerce intends to issue the final and Countervailing Duty Operations,
Preliminary Decision Memorandum. performing the non-exclusive functions and
results of this new shipper review, duties of the Assistant Secretary for
The Preliminary Decision Memorandum
which will include the results of its Enforcement and Compliance.
is a public document and is on file
electronically via Enforcement and analysis of issues raised in any such
comments, within 90 days of Appendix
Compliance’s Antidumping and
Countervailing Duty Centralized publication of these preliminary results, List of Topics Discussed in the Preliminary
pursuant to section 751(a)(2)(B)(iv) of Decision Memorandum
Electronic Service System (ACCESS).
ACCESS is available to registered users the Act. I. Summary
at http://access.trade.gov and in II. Background
Assessment Rates III. Scope of the Order
Commerce’s Central Records Unit, room
IV. Bona Fides Analysis
B8024 of the main Department of Upon completion of the final results, V. Preliminary Finding That Doo Won Is Not
Commerce building. In addition, a pursuant to 19 CFR 351.212(b), the Producer
complete version of the Preliminary Commerce will determine, and the U.S. VI. Verification
Decision Memorandum can be accessed Customs and Border Protection (CBP) VII. Recommendation
directly on the internet at http:// shall assess, antidumping duties on all [FR Doc. 2018–10557 Filed 5–16–18; 8:45 am]
enforcement.trade.gov/frn/. The signed appropriate entries. If we proceed to a BILLING CODE 3510–DS–P
Preliminary Decision Memorandum and final rescission of the new shipper
the electronic versions of the review, Doo Won’s entries will be
Preliminary Decision Memorandum are assessed at the rate entered.9 If we do DEPARTMENT OF COMMERCE
identical in content. not proceed to a final rescission of the
International Trade Administration
Preliminary Rescission of Doo Won new shipper review, pursuant to 19 CFR
NSR 351.212(b)(1), we will calculate [C–570–982]
For the reasons detailed in the importer-specific assessment rates. We
Preliminary Decision Memorandum, we will instruct CBP to assess antidumping Utility Scale Wind Towers From the
preliminarily find that Doo Won’s sale duties on all appropriate entries covered People’s Republic of China: Final
under review is bona fide. However, we by this review if any importer-specific Results of the Expedited First Sunset
also preliminarily find that Doo Won is assessment rate calculated in the final Review of the Countervailing Duty
not the producer of the garlic subject to results of this review is above de Order
this review and, therefore, does not minimis.10 AGENCY: Enforcement and Compliance,
provide a reasonable or reliable basis for International Trade Administration,
calculating a dumping margin. As a Cash Deposit Requirements
Department of Commerce.
result, we are preliminarily rescinding The following cash deposit SUMMARY: The Department of Commerce
the new shipper review of Doo Won. requirements will be effective upon (Commerce) finds that revocation of the
Disclosure and Public Comment publication of the final results or final countervailing duty (CVD) order on
Commerce intends to disclose the rescission of this NSR for entries of utility scale wind towers (wind towers)
analysis performed for these subject merchandise by Doo Won. If from the People’s Republic of China
preliminary results to the parties within Commerce proceeds to a final rescission (China) would likely lead to the
five days of the date of publication of of the new shipper review, the cash continuation or recurrence of a
this notice in accordance with 19 CFR deposit rate will continue to be the countervailable subsidy at the levels
351.224(b). Interested parties may China-wide rate. If we issue final results indicated in the Final Results of Review
submit written comments by no later of the new shipper review for Doo Won, section of this notice.
than 30 days after the date of we will instruct CBP to collect cash DATES: Applicable May 17, 2018.
publication of these preliminary results deposits, effective upon the publication FOR FURTHER INFORMATION CONTACT:
of review.5 Rebuttals, limited to issues of the final results, at the rates Kristen Johnson, AD/CVD Operations,
raised in the written comments, may be established therein. Enforcement and Compliance,
filed by no later than five days after the International Trade Administration,
written comments are filed.6 Verification U.S. Department of Commerce, 1401
Any interested party may request a Consistent with 19 CFR Constitution Avenue NW, Washington,
hearing within 30 days of publication of 351.307(b)(1)(iv), we intend to verify the DC 20230; telephone: (202) 482–4793.
this notice.7 Hearing requests should SUPPLEMENTARY INFORMATION:
information relied upon in making its
contain the following information: (1)
decision. Background
The party’s name, address, and
telephone number; (2) the number of Notification to Interested Parties The Order on wind towers from China
participants; and (3) a list of the issues was published in the Federal Register
to be discussed. Oral presentations will We are issuing and publishing these on February 15, 2013.1 On January 2,
be limited to issues raised in the briefs. results in accordance with sections 2018, Commerce initiated this sunset
daltland on DSKBBV9HB2PROD with NOTICES
If a request for a hearing is made, parties 751(a)(1) and 771(i)(1) of the Act, and 19 review of the Order on wind towers
will be notified of the time and date for CFR 351.221(b)(4). from China pursuant to section 751(c) of
the hearing to be held at the U.S. the Tariff Act of 1930, as amended (the
5 See 8 See 19 CFR 351.310(d).
19 CFR 351.309(c). 1 See Utility Scale Wind Towers from the People’s
6 See 9 See 19 CFR 351.212(c).
19 CFR 351.309(d). Republic of China: Countervailing Duty Order, 78
7 See 19 CFR 351.310(c). 10 See 19 CFR 351.106(c)(2). FR 11152 (February 15, 2013) (Order).
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![22962 Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Notices
Notification Regarding Administrative Washington, DC 20230 (or via the only applies to recipients with an award
Protective Order internet at pracomments@doc.gov). that will implement multiple projects. It
This notice serves as the only FOR FURTHER INFORMATION CONTACT: collects information on the
reminder to parties subject to Requests for additional information or administration of the award, the number
administrative protective order (APO) of copies of the information collection of projects supported by the award, and
their responsibility concerning the instrument and instructions should be award expenditures.
return or destruction of proprietary directed to Janine Harris, Office of
II. Method of Collection
information disclosed under APO in Habitat Conservation, Restoration
accordance with 19 CFR 351.305. Center, 1315 East-West Highway, Silver NOAA’s preferred method of
Timely notification of the return or Spring, MD 20910, (301) 427–8635, or collection is submission of electronic
destruction of APO materials or janine.harris@noaa.gov. fillable forms attached to an award file
conversion to judicial protective order is SUPPLEMENTARY INFORMATION: in Grants Online, NOAA’s award
hereby requested. Failure to comply management system. If the recipient
with the regulations and the terms of an I. Abstract
does not have electronic access to
APO is a sanctionable violation. This request is for extension of a submit the form, mailed paper forms
Commerce is issuing and publishing currently approved information will be accepted.
these final results and this notice in collection.
accordance with sections 751(c), 752(b), The NOAA Restoration Center (NOAA III. Data
and 777(i)(1) of the Act. RC) provides technical and financial
assistance to identify, develop, OMB Control Number: 0648–0472.
Dated: May 4, 2018.
Gary Taverman, implement, and evaluate community- Form Number(s): None.
Deputy Assistant Secretary for Antidumping driven habitat restoration projects. Type of Review: Regular (extension of
and Countervailing Duty Operations, Awards are made as grants or currently approved information
performing the non-exclusive functions and cooperative agreements under the collection).
duties of the Assistant Secretary for authority of the Magnuson-Stevens
Enforcement and Compliance. Fishery Conservation and Management Affected Public: Not-for-profit
[FR Doc. 2018–10555 Filed 5–16–18; 8:45 am] Act of 2006, 16 U.S.C. 1891a and the institutions; state, local, or tribal
BILLING CODE 3510–DS–P Fish and Wildlife Coordination Act, 16 government; business or other for-profit
U.S.C. 661, as amended by the organizations.
Reorganization Plan No. 4 of 1970. Estimated Number of Respondents:
DEPARTMENT OF COMMERCE The NOAA RC requires specific 130.
information on habitat restoration Estimated Time per Response:
National Oceanic and Atmospheric projects that we fund, as part of routine
Administration Performance Interim reports, 4 hours, 30
progress reporting. Recipients of NOAA minutes; final reports, 7 hours, 45
RC funds submit information such as minutes and Administrative Interim
Proposed Information Collection;
project location, restoration techniques reports, 4 hours; final reports, 7 hours.
Comment Request; NOAA Restoration
used, species benefited, acres restored,
Center Performance Progress Report Estimated Total Annual Burden
stream miles opened to access for
AGENCY: National Oceanic and diadromous fish, volunteer Hours: 3,475.
Atmospheric Administration (NOAA), participation, and other parameters. Estimated Total Annual Cost to
Commerce. The required information enables Public: $0 in recordkeeping/reporting
ACTION: Notice. NOAA to track, evaluate and report on costs.
coastal and marine habitat restoration
SUMMARY: The Department of and demonstrate accountability for IV. Request for Comments
Commerce, as part of its continuing federal funds. This information is used
effort to reduce paperwork and Comments are invited on: (a) Whether
to populate a database of NOAA RC- the proposed collection of information
respondent burden, invites the general funded habitat restoration. The
public and other Federal agencies to is necessary for the proper performance
database, with its robust querying
take this opportunity to comment on of the functions of the agency, including
capabilities, is instrumental to provide
proposed and/or continuing information whether the information shall have
accurate and timely responses to NOAA,
collections, as required by the practical utility; (b) the accuracy of the
Department of Commerce,
Paperwork Reduction Act of 1995. The agency’s estimate of the burden
Congressional and constituent inquiries.
Project Performance Report and (including hours and cost) of the
It also facilitates reporting by NOAA on
Administration Report Forms and proposed collection of information; (c)
the Government Performance and
Example Report Form Instructions can ways to enhance the quality, utility, and
Results Act ‘‘acres restored’’
be reviewed under the Progress performance measure. Grant recipients clarity of the information to be
Reporting heading at https:// are required by the NOAA Grants collected; and (d) ways to minimize the
www.fisheries.noaa.gov/national/ Management Division to submit burden of the collection of information
habitat-conservation/resources-noaa- periodic performance reports and a final on respondents, including through the
restoration-center-applicants#progress- report for each award; this collection use of automated collection techniques
reporting . stipulates the information to be or other forms of information
daltland on DSKBBV9HB2PROD with NOTICES
DATES: Written comments must be provided in these reports. technology.
submitted on or before July 16, 2018. There are two progress report forms Comments submitted in response to
ADDRESSES: Direct all written comments for simplicity. The Performance Report this notice will be summarized and/or
to Jennifer Jessup, Departmental Form focuses on tracking project included in the request for OMB
Paperwork Clearance Officer, implementation, milestones, approval of this information collection;
Department of Commerce, Room 6616, performance measures, monitoring, and they also will become a matter of public
14th and Constitution Avenue NW, expenditures. The Administrative Form record.
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Document Created: 2018-05-17 00:50:58
Document Modified: 2018-05-17 00:50:58
| 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 May 17, 2018. | |
| 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. | |
| FR Citation | 83 FR 22960 |
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