[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Notices]
[Pages 11146-11148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03727]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-981]


Utility Scale Wind Towers From the People's Republic of China: 
Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(``ITC''), the Department is issuing an antidumping duty order on 
utility scale wind towers (``wind towers'') from the People's Republic 
of China (``PRC'').

DATES: Effective Date: February 15, 2013.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, Shawn Higgins, 
Thomas Martin, or Trisha Tran, AD/CVD Operations, Office 4, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-6412, (202) 482-0679, (202) 482-3936, or 
(202) 482-4852, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (``Act''), on December 26, 2012, the Department 
published the final determination of sales at less than fair value in 
the antidumping duty investigation of wind towers from the PRC.\1\ On 
February 8, 2013, the ITC notified the Department of its affirmative 
determination that an industry in the United States is materially 
injured or threatened with material injury by reason of imports of wind 
towers from the PRC.\2\
---------------------------------------------------------------------------

    \1\ See Utility Scale Wind Towers From the People's Republic of 
China: Final Determination of Sales at Less Than Fair Value, 77 FR 
75992 (December 26, 2012).
    \2\ See Utility Scale Wind Towers from China and Vietnam, USITC 
Investigation Nos. 701-TA-486 and 731-TA-1195-1196 (Final), USITC 
Publication 4372 (February 2013) (``ITC Report'').
---------------------------------------------------------------------------

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

[[Page 11147]]

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).
---------------------------------------------------------------------------

Antidumping Duty Order

    As noted above, on February 8, 2013, in accordance with section 
735(d) of the Act, the ITC notified the Department of its determination 
that an industry in the United States is materially injured or 
threatened with material injury by reason of imports of wind towers 
from the PRC. Therefore, in accordance with section 736(a)(1) of the 
Act, the Department will direct U.S. Customs and Border Protection 
(``CBP'') to assess, upon further instruction by the Department, 
antidumping duties equal to the amount by which the normal value of the 
merchandise exceeds the export price (or constructed export price) of 
the merchandise, for all relevant entries of wind towers from the PRC.
    Section 736(b)(1) of the Act establishes a ``general rule'' that, 
if the ITC, in its final determination, finds ``material injury or 
threat of material injury which, but for the suspension of liquidation 
under section 733(d)(2) {of the Act{time}  would have led to a finding 
of material injury,'' then entries of the subject merchandise, the 
liquidation of which has been suspended pursuant to the Department's 
preliminary determination under section 733(d)(2) of the Act, shall be 
subject to the imposition of antidumping duties. Section 736(b)(2) of 
the Act establishes a ``special rule'' that, if the ITC's final injury 
determination is based on the threat of material injury (other than 
threat of material injury described in the ``general rule'') 
antidumping duties shall be assessed on subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the ITC's notice of final determination. Under this 
``special rule,'' the Department orders CBP to terminate suspension and 
refund any cash deposit of estimated antidumping duties for entries 
made since the Department's preliminary antidumping duty determination 
\5\ and before publication of the ITC's final injury determination.\6\
---------------------------------------------------------------------------

    \5\ See Utility Scale Wind Towers From the People's Republic of 
China: Preliminary Determination of Sales at Less Than Fair Value 
and Postponement of Final Determination, 77 FR 46034 (August 2, 
2012) (``Preliminary Determination'').
    \6\ Section 736(b)(2) of the Act (``the Department shall release 
any bonds or other security made, and refund any cash deposit made* 
* *with respect to entries of the merchandise entered, or withdrawn 
from warehouse, for consumption before {the date of the publication 
of the ITC's affirmative final injury determination{time} ''); see, 
e.g., Narrow Woven Ribbons With Woven Selvedge From Taiwan and the 
People's Republic of China: Antidumping Duty Orders, 75 FR 53632, 
53633 (September 1, 2010) (where the Department ordered the 
termination of suspension and refund of duties for entries occurring 
prior to the publication of the ITC's affirmative threat 
determination).
---------------------------------------------------------------------------

    After reviewing the ITC's final determination, the Department 
determines that the ``special rule'' pursuant to section 736(b)(2) of 
the Act is applicable to the imposition of antidumping duties under 
this order. Of the votes in the ITC's final determination, two 
commissioners determined that an industry in the United States is 
materially injured by reason of imports of utility scale wind towers 
from the PRC and the Socialist Republic of Vietnam, one commissioner 
determined that an industry in the United States is threatened with 
material injury by reason of such imports and further determined that 
he would not have found material injury but for the suspension of 
liquidation, and three commissioners determined that an industry in the 
United States is not materially injured or threatened with material 
injury by reason of such imports.\7\ Because the ITC's determination 
that an industry in the United States is materially injured or 
threatened with material injury is not accompanied by a finding that 
material injury would have resulted but for the suspension of 
liquidation of entries since the Preliminary Determination, the 
Department determines that the ``general rule'' of section 736(b)(1) of 
the Act does not apply.\8\ Therefore, in accordance with the ``special 
rule'' of section 736(b)(2) of the Act, the Department will instruct 
CBP to terminate the suspension of liquidation for entries of wind 
towers from the PRC entered, or withdrawn from warehouse, for 
consumption prior to the publication of the ITC's final determination 
and refund any cash deposit of estimated antidumping duties for these 
entries.
---------------------------------------------------------------------------

    \7\ See ITC Report.
    \8\ See MBL (USA) Corp. v. United States, 16 C.I.T. 108, 111-114 
(1992) (finding that the Act requires the Department, when 
confronted with the same ITC voting pattern as present here, to 
refund duties collected prior to the ITC's publication of its final 
injury determination).
---------------------------------------------------------------------------

Suspension of Liquidation and Collection of Cash Deposit

    In accordance with sections 735(c)(1)(B) and 736(b)(2) of the Act, 
the Department will instruct CBP to suspend liquidation on all entries 
of subject merchandise from the PRC made on or after the date of the 
publication of the ITC's final affirmative injury determination. The 
Department will also instruct CBP to require cash deposits equal to the 
estimated amount by which the normal value exceeds the U.S. price as 
indicated in the chart below. These cash deposit rates will be 
adjusted, where appropriate, for export subsidies. These instructions 
suspending liquidation will remain in effect until further notice.
    Accordingly, effective on the date of publication of the ITC's 
final affirmative injury determination, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
subject merchandise, a cash deposit for estimated antidumping duties 
based on the weighted-average dumping margins, adjusted, where 
appropriate,

[[Page 11148]]

for export subsidies.\9\ The rate for the PRC-wide entity applies to 
all combinations of producers and exporters of subject merchandise not 
specifically listed under the ``Final Determination of Antidumping 
Investigation'' section below.
---------------------------------------------------------------------------

    \9\ See section 736(a)(3) of the Act.
---------------------------------------------------------------------------

Final Determination of Antidumping Investigation

    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                            Weighted-
                                                             average
            Exporter                    Producer          dumping margin
                                                            (percent)
------------------------------------------------------------------------
Chengxi Shipyard Co., Ltd......  Chengxi Shipyard Co.,             47.59
                                  Ltd..
Titan Wind Energy (Suzhou) Co.,  Titan (Lianyungang)               44.99
 Ltd..                            Metal Product Co.,
                                  Ltd..
Titan Wind Energy (Suzhou) Co.,  Titan Wind Energy                 44.99
 Ltd..                            (Suzhou) Co., Ltd..
CS Wind Corporation............  CS Wind China Co.,                46.38
                                  Ltd..
Guodian United Power Technology  Guodian United Power              46.38
 Baoding Co., Ltd..               Technology Baoding
                                  Co., Ltd..
Sinovel Wind Group Co., Ltd....  Qiangsheng Wind                   46.38
                                  Equipment Co., Ltd..
PRC-Wide Entity................  ......................            70.63
------------------------------------------------------------------------
 PRC-Wide Entity includes AVIC International Renewable Energy Co., Ltd.

    This notice constitutes the antidumping duty order with respect to 
wind towers from the PRC pursuant to section 736(a) of the Act.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: February 12, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-03727 Filed 2-14-13; 8:45 am]
BILLING CODE 3510-DS-P