[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)]
[Notices]
[Pages 55333-55335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23155]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-814]


Utility Scale Wind Towers From the Socialist Republic Vietnam: 
Final Results of Antidumping Duty Administrative Review; 2013-2014

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

SUMMARY: On March 9, 2015, the Department of Commerce (``the 
Department'') published the preliminary results of the administrative 
review of the antidumping duty order on utility scale wind towers from 
the Socialist Republic of Vietnam (``Vietnam'').\1\ The period of 
review is February 13, 2013, through January 31, 2014. The review 
covers one respondent, CS Wind Vietnam and CS Wind Corporation 
(collectively, ``CS Wind Group''). We continue to find that CS Wind 
Group has sold subject merchandise in the United States at below normal 
value during the POR.
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    \1\ See Utility Scale Wind Towers From the Socialist Republic of 
Vietnam: Preliminary Results of Antidumping Duty Administrative 
Review; 2013-2014, 80 FR 12449 (March 9, 2015) (``Preliminary 
Results'').

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DATES: Effective Date: September 15, 2015.

FOR FURTHER INFORMATION CONTACT: Trisha Tran AD/CVD Operations, Office 
IV, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, telephone: (202) 482-4852.

Background

    On March 9, 2015, the Department published the Preliminary 
Results.\2\ On June 3, 2015, the Department extended the deadline for 
issuing the final results by 60 days, until September 8, 2015. CS Wind 
Group, and the Wind Tower Trade Coalition (``Petitioner'') submitted 
case and rebuttal briefs on April 15, 2013 and April 23, 2015, 
respectively.

[[Page 55334]]

Both parties participated in a public hearing on July 16, 2015.
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    \2\ Id.
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Scope of the Order

    The merchandise covered by this order is certain wind towers, 
whether or not tapered, and sections thereof. Imports of the subject 
merchandise are provided for under the following subheadings of the 
Harmonized Tariff Schedule of the United States (``HTSUS''): 
7308.20.00.20 \3\ or 8502.31.00.00.\4\ Prior to 2011, merchandise 
covered by the order was classified in the HTSUS under subheading 
7308.20.00.00 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. A full 
description of the scope of the order is contained in the Issues and 
Decision Memorandum, dated concurrently with and hereby adopted by this 
notice.\5\
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    \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.
    \5\ See Memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, regarding ``Issues and Decision Memorandum for the Final 
Results of the 2013-2014 Administrative Review of the Antidumping 
Duty Order on Utility Scale Wind Towers from the Socialist Republic 
of Vietnam'' issued concurrently with this notice (``Issues and 
Decision Memorandum'').
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues raised in the 
briefs and addressed in the Issues and Decision Memorandum is attached 
to this notice as an 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 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/. The paper copy and electronic 
version of the Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made revisions 
to CS Wind Group's margin calculations. These changes are discussed in 
the Issues and Decision Memorandum and CS Wind Group's analysis 
memorandum.

Final Results of the Review

    We determine that the following weighted-average dumping margin 
exists for the period of review from February 13, 2013 through January 
31, 2014.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
The CS Wind Group...........................................        0.00
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Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries covered by this review. The Department intends to 
issue assessment instructions to CBP 15 days after the publication date 
of these final results of this review pursuant to section 751(a)(2)(C) 
of the Tariff Act of 1930, as amended (``Act'') and 19 CFR 351.212(b). 
In accordance with 19 CFR 351.212(b)(1), we are calculating importer- 
(or customer-) specific assessment rates for the merchandise subject to 
this review.\6\ Where either the respondent's weighted-average dumping 
margin is zero or de minimis, or an importer-specific assessment rate 
is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.\7\ For CS 
Wind Group, whose weighted average dumping margin is zero, the 
Department will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\8\
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    \6\ See Antidumping Proceedings: Calculation of the Weighted 
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
    \7\ See 19 CFR 351.106 (c)(2).
    \8\ See 19 CFR 351.212(b)(1).
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    On October 24, 2011, the Department announced a refinement to its 
assessment practice in NME cases.\9\ Pursuant to this refinement in 
practice, for entries that were not reported in the U.S. sales 
databases submitted by the company individually examined during this 
review, the Department will instruct CBP to liquidate such entries at 
the rate applicable to the Vietnam-wide entity (i.e., 58.54 percent). 
In addition, for companies for which the Department determined that the 
exporter under review had no shipments of the subject merchandise, any 
suspended entries that entered under that exporter's case number (i.e., 
at that exporter's rate) will be liquidated at the Vietnam-wide rate.
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    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
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    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of this administrative review for 
all shipments of the subject merchandise from Vietnam, entered or 
withdrawn from warehouse, for consumption on or after the publication 
date, as provided for by section 751(a)(2)(C) of the Act: (1) For the 
exporters listed above, the cash deposit rate will be equal to the 
weighted-average dumping margin established in the final results of 
this review (except, if the rate is zero or de minimis, then a cash 
deposit rate of zero will be established for that company); (2) for 
previously investigated or reviewed Vietnam or non-Vietnam exporters 
not listed above that currently have a separate rate, the cash deposit 
rate will continue to be the exporter-specific rate published for the 
most the recently completed segment of this proceeding where the 
exporter received that separate rate; (3) for all Vietnam exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate, the cash deposit rate will be the rate for the Vietnam-
wide entity, 58.54 percent; and (4) for all non-Vietnam exporters of 
subject merchandise which have not received their own separate rate, 
the cash deposit rate will be the rate applicable to the Vietnam 
exporter that supplied that non-Vietnam exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Disclosure

    We intend to disclose the calculations performed regarding these 
administrative review final results within five days of the date of 
publication of this notice in this proceeding in accordance with 19 CFR 
351.224(b).

[[Page 55335]]

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order (``APO'')

    This notice also serves as a final reminder to parties subject to 
APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. 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 the final results of this review and 
notice in accordance with sections 751(a)(1) and 777(i) of the Act and 
19 CFR 351.213.

    Dated: September 8, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in Issues and Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Issues
    Comment 1: Bona Fide Sale
    Comment 2: Steel Plate
    Comment 3: Market Economy Prices from Korea
    Comment 4: Financial Statements
    Comment 5: Flanges
    Comment 6: Calculation of Market Economy Prices
5. Recommendation

[FR Doc. 2015-23155 Filed 9-14-15; 8:45 am]
 BILLING CODE 3510-DS-P