[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Notices]
[Pages 22442-22443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10270]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-981, A-552-814, C-570-982]
Utility Scale Wind Towers From the People's Republic of China and
the Socialist Republic of Vietnam: Continuation of Antidumping Duty
Orders and Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC) that
revocation of the antidumping duty (AD) orders on utility scale wind
towers (wind towers) from the People's Republic of China (China) and
the Socialist Republic of Vietnam (Vietnam), and revocation of the
countervailing duty (CVD) order on wind towers from China would likely
lead to a continuation or recurrence of dumping and countervailable
subsidies, and material injury to an industry in the United States,
Commerce is publishing a notice of continuation of these AD orders and
the CVD order.
DATES: Applicable May 17, 2019.
FOR FURTHER INFORMATION CONTACT: Ariela Garvett, AD/CVD Operations,
Office IV (AD) and Kristen Johnson, AD/CVD Operations, Office III
(CVD), Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-3609 and (202) 482-4793, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 15, 2013, Commerce published in the Federal Register
the AD orders on wind towers from China and Vietnam and the CVD order
on wind towers from China.\1\ On January 2, 2018, Commerce published
the initiation of the first sunset reviews of the Orders, pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\
Also, on January 2, 2018, the ITC instituted its review of the
Orders.\3\ Commerce received timely notices of intent to participate in
these reviews from the Wind Tower Trade Coalition (WTTC), a domestic
interested party, within the deadline specified in 19 CFR
351.218(d)(1)(i).\4\ On February 5, 2018, Commerce received complete
and adequate substantive responses from the WTTC within the 30-day
deadline specified in 19 CFR 351.218(d)(3)(i).\5\ Commerce received no
substantive response from respondent interested parties. Pursuant to
section 751(c)(3)(B) of the Act, Commerce conducted expedited (120-day)
sunset reviews of the Orders.\6\ On April 19, 2018, the ITC published
its notice to conduct a full five-year review of the Orders.\7\
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\1\ See Utility Scale Wind Towers from the People's Republic of
China: Antidumping Duty Order, 78 FR 11146 (February 15, 2013);
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); and Utility
Scale Wind Towers from the People's Republic of China:
Countervailing Duty Order, 78 FR 11152 (February 15, 2013)
(collectively, Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 100
(January 2, 2018).
\3\ See Utility Scale Wind Towers from China and Vietnam;
Institution of Five-Year Reviews, 83 FR 142 (January 2, 2018).
\4\ See WTTC's Letter, ``Utility Scale Wind Towers from the
People's Republic of China: Notice of Intent to Participate in
Sunset Review'' (January 17, 2018) (AD); WTTC's Letter, ``Utility
Scale Wind Towers from the Socialist Republic of Vietnam: Notice of
Intent to Participate in Sunset Review,'' (January 17, 2018) (AD);
and WTTC's Letter, ``Utility Scale Wind Towers from the People's
Republic of China: Notice of Intent to Participate in Sunset
Review'' (January 17, 2018) (CVD).
\5\ See WTTC's Letter, ``Utility Scale Wind Towers from the
People's Republic of China: Substantive Response to Notice of
Initiation of Sunset Review'' (February 5, 2018) (AD); WTTC's
Letter, ``Utility Scale Wind Towers from the Socialist Republic of
Vietnam: Substantive Response to Notice of Initiation of Sunset
Review'' (February 5, 2018) (AD); and WTTC's Letter, ``Utility Scale
Wind Towers from the People's Republic of China: Substantive
Response to Notice of Initiation of Sunset Review'' (February 5,
2018) (CVD).
\6\ See Utility Scale Wind Towers from the People's Republic of
China and the Socialist Republic of Vietnam: Final Results of
Expedited First Sunset Reviews of Antidumping Duty Orders, 83 FR
19220 (May 2, 2018); and Utility Scale Wind Towers from the People's
Republic of China: Final Results of the Expedited First Sunset
Review of the Countervailing Duty Order, 83 FR 22960 (May 17, 2018).
\7\ See Utility Scale Wind Towers from China and Vietnam; Notice
of Commission Determination to Conduct Full Five-Year Reviews, 83 FR
17446 (April 19, 2018).
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As a result of its reviews, Commerce determined, pursuant to
sections 751(c)(1) and 752(b) and (c) of the Act,
[[Page 22443]]
that revocation of the Orders on wind towers from China and Vietnam
would likely lead to continuation or recurrence of dumping and
countervailable subsidies. Commerce, therefore, notified the ITC of the
magnitude of the margins of dumping and net countervailable subsidy
rates likely to prevail should these Orders be revoked, in accordance
with sections 752(b)(3) and (c)(3) of the Act.\8\
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\8\ Id.
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On May 8, 2019, the ITC published its determination that revocation
of the Orders would likely lead to a continuation or recurrence of
material injury to an industry in the United States within a reasonably
foreseeable time, pursuant to sections 751(c) and 752(a) of the Act.\9\
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\9\ See Utility Scale Wind Towers from China and Vietnam;
Determinations, 84 FR 20164 (May 8, 2019); see also Utility Scale
Wind Towers from China and Vietnam: Investigation Nos. 701-TA-486
and 731-TA-1195-1196 (Review), USITC Publication 4888 (April 2019).
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Scope of the Orders
The merchandise covered by the Orders is 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 Orders is currently classified in the
Harmonized Tariff System of the United States (HTSUS) under subheadings
7308.20.0020 \10\ or 8502.31.0000.\11\ Prior to 2011, merchandise
covered by the Orders 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 subject merchandise is dispositive.
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\10\ Wind towers are classified under HTSUS 7308.20.0020 when
imported as a tower or tower section(s) alone.
\11\ 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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Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to a continuation or
recurrence of dumping and countervailable subsidies and material injury
to an industry in the United States, pursuant to section 751(d)(2) of
the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation
of these Orders on wind towers from China and Vietnam. U.S. Customs and
Border Protection will continue to collect AD and CVD cash deposits at
the rates in effect at the time of entry for all imports of subject
merchandise.
The effective date of the continuation of these Orders will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year (sunset)
reviews of these Orders not later than 30 days prior to the fifth
anniversary of the effective date of continuation.
These five-year sunset reviews and this notice are in accordance
with section 751(c) of the Act and published pursuant to section
777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: May 9, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-10270 Filed 5-16-19; 8:45 am]
BILLING CODE 3510-DS-P