[Federal Register Volume 82, Number 59 (Wednesday, March 29, 2017)]
[Notices]
[Pages 15493-15494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06254]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-814]


Utility Scale Wind Towers From the Socialist Republic of Vietnam: 
Notice of Court Decision Not in Harmony With the Final Determination of 
Less Than Fair Value Investigation and Notice of Amended Final 
Determination of Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 16, 2017, the United States Court of International 
Trade (CIT or Court) issued its final judgment, affirming the 
Department of Commerce's (the Department) final results of 
redetermination concerning the less-than-fair-value investigation 
(LTFV) of utility scale wind towers from the Socialist Republic of 
Vietnam (Vietnam). The Department is notifying the public that the 
Court's final judgment in this case is not in harmony with the 
Department's final determination in the LTFV investigation on utility 
scale wind towers from Vietnam, and is amending the final determination 
with respect to CS Wind Vietnam Co., Ltd. and CS Wind Corporation 
(collectively, CS Wind Group).

DATES: Effective March 26, 2017.

FOR FURTHER INFORMATION CONTACT: Trisha Tran, Office IV, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; 
telephone: (202) 482-4852.

SUPPLEMENTARY INFORMATION: 

Background

    On February 15, 2013, the Department published its amended final 
determination and antidumping duty order in this proceeding.\1\ The CS 
Wind Group appealed the Wind Towers Final Determination to the CIT, and 
on March 27, 2014, the CIT remanded the Wind Towers Final Determination 
to the Department.\2\ On July 29, 2014, the Department filed its 
results of redetermination pursuant to remand in accordance with the 
CIT's order.\3\
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    \1\ See Utility Scale Wind Towers from the Socialist Republic of 
Vietnam: Final Determination of Sales at Less Than Fair Value, 77 FR 
75984 (December 26, 2012), as amended by 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) (Wind Towers Amended Final Determination).
    \2\ See CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. 
United States, 971 F. Supp. 2d 1271 (CIT 2014).
    \3\ See Final Results of Redetermination Pursuant to Court 
Order, CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United 
States, Consol. Court No. 13-00102, Slip Op. 14-33, dated July 29, 
2014 (Final First Redetermination); see also http://enforcement.trade.gov/remands/index.html.
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    On November 3, 2014, the CIT affirmed, in part, and remanded in 
part, the Department's Final First Redetermination, which resulted in a 
weighted-average dumping margin of 17.07 percent for the CS Wind 
Group.\4\ In the Final Second Redetermination, the Department revised 
its calculation of certain surrogate financial ratios.\5\ The Court 
affirmed the Department's second remand in its entirety on May 11, 
2015, which resulted in a weighted-average dumping margin of 17.02 
percent for the CS Wind Group.\6\
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    \4\ See CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. 
United States, Consol. Court No. 13-00102, Slip Op. 14-128 (CIT 
November 3, 2014).
    \5\ See Final Redetermination Pursuant to Court Order, ``CS Wind 
Vietnam Co., Ltd. and CS Wind Corporation v. United States, Consol. 
Court No. 13-00102, Slip Op. 14-128, (November 3, 2014),'' dated 
January 21, 2015 (Final Second Redetermination); see also http://enforcement.trade.gov/remands/index.html.
    \6\ See CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. 
United States, Consol. Court No. 13-00102, Slip Op. 15-45 (CIT May 
11, 2015).
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    The CS Wind Group challenged the CIT's affirmance of the 
Department's Final Second Redetermination. On August 12, 2016, the CAFC 
directed the CIT to remand the matter to the Department, and in so 
doing: (1) reversed the CIT's affirmance of the Department's use of 
packing weights rather than the factors of production (FOP) weights in 
its calculation of surrogate value; and, (2) vacated and remanded the 
CIT's overhead determination with respect to jobwork charges, erection 
expenses, and civil expenses.\7\ The Department issued its

[[Page 15494]]

Final Third Redetermination \8\ on December 9, 2016. On March 16, 2017, 
the Court affirmed the Department's Final Third Redetermination in its 
entirety.\9\
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    \7\ See CS Wind Vietnam Co., Ltd., and CS Wind Corporation v. 
United States and Wind Tower Coalition, 832 F. 3d 1367 (Fed. Cir. 
2016).
    \8\ See Final Results of Redetermination Pursuant to Court 
Order, CS Wind Vietnam Co., Ltd. and CS Wind Corporation v. United 
States, Consol. Court No. 13-00102, dated October 4, 2016 (Third 
Final Redetermination).
    \9\ See CS Wind Vietnam Co., Ltd. and CS Wind Corporatio v. 
United States, Consol. Court No. 13-00102, Slip Op. 17-26 (CIT March 
16, 2017); see also http://enforcement.trade.gov/remands/index.html.
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Timken Notice

    In its decision in Timken,\10\ as clarified by Diamond 
Sawblades,\11\ the CAFC held that, pursuant to section 516A(e) of the 
Tariff Act of 1930, as amended (the Act), the Department must publish a 
notice of a court decision that is not ``in harmony'' with a Department 
determination and must suspend liquidation of entries pending a 
``conclusive'' court decision. The CIT's March 16, 2017, judgment 
affirming the Final Third Redetermination constitutes a final decision 
of that court that is not in harmony with the Wind Towers Final 
Determination. This notice is published in fulfillment of the 
publication requirements of Timken.
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    \10\ Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) 
(Timken).
    \11\ Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination

    Because there is now a final court decision with respect to this 
litigation, the Department is amending the Wind Towers Final 
Determination with respect to the CS Wind Group's dumping margin and 
cash deposit rate. The revised dumping margin and cash deposit rate for 
this exporter/producer combination is 0.00 percent.\12\
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    \12\ See Final Third Redetermination.

------------------------------------------------------------------------
                                                           Estimated
                                                       weighted-average
           Producer                   Exporter          dumping margin
                                                           (percent)
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CS Wind Group................  CS Wind Group........               0.00
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Partial Exclusion From the Antidumping Duty Order and Partial 
Discontinuation of the Antidumping Duty Administrative Review

    Pursuant to sections 735(c)(2) of the Act, ``the investigation 
shall be terminated upon publication of that negative determination'' 
and the Department shall ``terminate the suspension of liquidation'' 
and ``release any bond or other security, and refund any cash 
deposit.'' See Sections 735(c)(2)(A) and (B) of the Act. As a result of 
this amended final determination, in which the Department calculated a 
weighted-average dumping margin of 0.00 percent for CS Wind Group, the 
Department is hereby excluding merchandise from the following producer/
exporter chain from the antidumping duty order:
    Producer: CS Wind Group.
    Exporter: CS Wind Group.
    Accordingly, the Department will direct U.S. Customs and Border 
Protection (CBP) to release any bonds or other security and refund cash 
deposits. This exclusion does not apply to merchandise produced by CS 
Wind Group and exported by any other company. Therefore, resellers of 
merchandise produced, or produced and exported by CS Wind Group, are 
not entitled to the exclusion. Similarly, the exclusion does not apply 
to merchandise produced by any other company and exported by CS Wind 
Group.
    We note, however, that pursuant to Timken, the suspension of 
liquidation must continue during the pendency of the appeals process. 
Thus, at this time we will instruct CBP to continue the suspension of 
liquidation at a cash deposit rate of 0.00 percent for entries produced 
and exported by CS Wind Group until otherwise instructed and to release 
any bond or other security that CS Wind Group made pursuant to the 
Final Third Redetermination. If the CIT's ruling is not appealed, or if 
appealed and upheld, the Department will instruct CBP to terminate the 
suspension of liquidation and to liquidate entries produced and 
exported by CS Wind Group without regard to antidumping duties. As a 
result of the exclusion, the Department will not initiate any new 
administrative reviews of the antidumping duty order with respect to 
merchandise produced and exported by CS Wind Group. The review will 
continue with regard to merchandise produced by CS Wind Group and 
exported by another company or produced by any other company and 
exported by CS Wind Group.
    Finally, we note that, at this time, the Department remains 
enjoined by Court order from liquidating entries produced and/or 
exported by CS Wind Group during the period February 13, 2013, through 
January 31, 2014. These entries will remain enjoined pursuant to the 
terms of the injunction during the pendency of any appeals process.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: March 24, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2017-06254 Filed 3-28-17; 8:45 am]
 BILLING CODE 3510-DS-P