[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Notices]
[Pages 11172-11174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05151]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-814]


Utility Scale Wind Towers From the Socialist Republic of Vietnam: 
Final Determination of No Shipments; Antidumping Duty Administrative 
Review; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is issuing a final no 
shipments determination in the final results of the antidumping duty 
administrative review on utility scale wind towers (wind towers) from 
the Socialist Republic of Vietnam (Vietnam) because Commerce continues 
to find that CS Wind Group did not have any shipments of subject 
merchandise by CS Wind Group during the period of review (POR). This 
review covers CS Wind Group where the company was the producer but not 
the exporter, or the exporter but not the producer of subject 
merchandise.

DATES: Applicable March 14, 2018.

FOR FURTHER INFORMATION CONTACT: Trisha Tran, AD/CVD Operations, 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 May 31, 2017, Commerce published its Amended Initiation 
Notice.\1\ According to the Amended Initiation Notice, Commerce stated 
it was initiating an administrative review only on entries where CS 
Wind Group

[[Page 11173]]

was (1) the producer but not the exporter, or (2) the exporter but not 
the producer of subject merchandise. On November 6, 2017, Commerce 
published the Preliminary Results.\2\ The POR is February 1, 2016, 
through January 31, 2017. We invited interested parties to comment on 
the Preliminary Results. No party provided comments. Commerce has 
conducted this administrative review in accordance with section 
751(a)(1) of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Utility Scale Wind Towers from the Socialist Republic of 
Vietnam: Notice of Amended Initiation of Antidumping Duty 
Administrative Review; 2016-2017, 82 FR 24943 (May 31, 2017) 
(Amended Initiation Notice). In the Amended Initiation Notice, 
Commerce stated that it inadvertently initiated an administrative 
review on all entries of merchandise exported by CS Wind Group. 
Because wind towers that are produced and exported by CS Wind Group 
were excluded from the antidumping duty order on wind towers from 
Vietnam effective March 26, 2017, Commerce clarified in the Amended 
Initiation Notice that we should only have initiated the 
administrative review on wind towers produced in Vietnam with 
respect to the CS Wind Group where CS Wind Group was (1) the 
producer but not the exporter, or (2) the exporter but not the 
producer. To correct this error in the Initiation Notice, Commerce 
explained it was issuing the Amended Initiation Notice with respect 
to the CS Wind Group. More specifically, Commerce stated it was 
initiating an administrative review only on entries where CS Wind 
Group was (1) the producer but not the exporter, or (2) the exporter 
but not the producer of subject merchandise.
    \2\ See Utility Scale Wind Towers from the Socialist Republic of 
Vietnam: Preliminary Determination of No Shipments, and Preliminary 
Partial Rescission of Antidumping Duty Administrative Review, 2016-
2017, 82 FR 51386 (November 6, 2017) (Preliminary Results).
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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 \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.
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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).
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Final Determination of No Shipments

    As explained above, in the Preliminary Results, Commerce found that 
CS Wind Group did not have any shipments of subject merchandise during 
the POR where CS Wind Group was (1) the producer but not the exporter, 
or (2) the exporter but not the producer of subject merchandise. Also, 
in the Preliminary Results, consistent with Commerce's assessment 
practice in non-market economy cases, Commerce stated it was not 
rescinding this review but intended to complete the review with respect 
to CS Wind Group for which it had preliminarily found no shipments and 
issue appropriate instructions to U.S. Customs and Border Protection 
(CBP) based on the final results of the review.\5\
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    \5\ See Preliminary Results at 82 FR 51387.
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    After issuing the Preliminary Results, Commerce received no 
comments from interested parties, and has not received any information 
that would cause it to alter our preliminary determination of no 
shipments. Therefore, for these final results, Commerce continues to 
find that CS Wind Group did not have any shipments of subject 
merchandise during the POR where CS Wind Group was (1) the producer but 
not the exporter, or (2) the exporter but not the producer of subject 
merchandise. As Commerce received no comments or new information for 
consideration in these final results, Commerce has not prepared an 
Issues and Decision Memorandum for this administrative review.

Assessment Rates

    Commerce has determined, and CBP shall assess, antidumping duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review.\6\ Commerce intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
these final results of review. Additionally, because Commerce 
determined that CS Wind Group had no shipments of subject merchandise 
during the POR, any suspended entries that entered under CS Wind 
Group's antidumping duty case number (i.e., at that exporter's rate) 
will be liquidated at the Vietnam-wide rate.\7\
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    \6\ See 19 CFR 351.212(b).
    \7\ 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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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For CS Wind Group, 
which claimed no shipments, the cash deposit rate will remain unchanged 
from the rate assigned to CS Wind Group in the most recently issued 
Notice of Court Decision Not in Harmony with the Final Determination of 
Less Than Fair Value Determination; \8\ (2) for previously investigated 
Vietnam and non-Vietnam exporters that received a separate rate in a 
prior segment of this proceeding, the cash deposit rate will continue 
to be the existing exporter-specific 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 
previously established for the Vietnam-wide entity (i.e., 58.54 
percent); and (4) for all non-Vietnam exporters of subject merchandise 
which have not received their own 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.
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    \8\ See 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, 82 FR 15493 (March 29, 
2017).
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Notifications

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

[[Page 11174]]

    In accordance with 19 CFR 351.305(a)(3), this notice also serves as 
a reminder to parties subject to administrative protective order (APO) 
of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO, 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 sanctionable violation.
    These final results of this administrative review and notice are 
published in accordance with sections 751(a)(l) and 777(i)(l) of the 
Act and 19 CFR 351.213(h).

    Dated: March 8, 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. 2018-05151 Filed 3-13-18; 8:45 am]
 BILLING CODE 3510-DS-P