[Federal Register Volume 85, Number 31 (Friday, February 14, 2020)]
[Notices]
[Pages 8565-8567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02725]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-825]


Utility Scale Wind Towers From the Socialist Republic of Vietnam: 
Preliminary Affirmative Determination of Sales at Less-Than-Fair-Value 
and Preliminary Affirmative Determination of Critical Circumstances

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that utility scale wind towers (wind towers) from the Socialist 
Republic of Vietnam (Vietnam) produced and exported by CS Wind Vietnam 
Co., Ltd. (CS Wind) are being, or are likely to be, sold in the United 
States at less-than-fair-value (LTFV). The period of investigation 
(POI) is January 1, 2019 through June 30, 2019. Interested parties are 
invited to comment on this preliminary determination.

DATES: Applicable February 14, 2020.

FOR FURTHER INFORMATION CONTACT: Joshua A. DeMoss, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3362.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on August 5, 
2019.\1\ On December 3, 2019, Commerce postponed the preliminary 
determination of this investigation, and the revised deadline is now 
February 4, 2020.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics included in the Preliminary 
Decision Memorandum is included as Appendix II to this notice. The 
Preliminary 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 https://access.trade.gov, 
and to all parties in the Central Records Unit, Room B8024 of the main 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/summary/vietnam/vietnam-fr.htm. The signed 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.
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    \1\ See Utility Scale Wind Towers from Canada, Indonesia, the 
Republic of Korea, and the Socialist Republic of Vietnam: Initiation 
of Less-Than-Fair-Value Investigations, 84 FR 37992 (August 5, 2019) 
(Initiation Notice).
    \2\ See Utility Scale Wind Towers from Canada, Indonesia, the 
Republic of Korea, and the Socialist Republic of Vietnam: 
Postponement of Preliminary Determinations in the Less-Than-Fair-
Value Investigations, 84 FR 66151 (December 3, 2019).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Utility 
Scale Wind Towers from the Socialist Republic of Vietnam,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is wind towers from 
Vietnam. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ No interested party 
commented on the scope of the investigation as it appeared in the 
Initiation Notice. Commerce is preliminarily not modifying the scope 
language as it appeared in the Initiation Notice. See the scope in 
Appendix I to this notice.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Pursuant to section 776(a) and (b) of the Act, 
Commerce has relied on facts otherwise available, with adverse 
inferences, for CS Wind because it did not timely respond to our 
request for information. For a full description of the methodology 
underlying Commerce's preliminary determination, see the Preliminary 
Decision Memorandum.

Preliminary Affirmative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
Commerce preliminarily finds that critical circumstances exist with 
respect to CS Wind. For a full description of the methodology and 
results of Commerce's critical circumstances analysis, see the 
Preliminary Decision Memorandum.

[[Page 8566]]

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margin exists:

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                                                                                              Cash deposit rate
                                                                       Estimated weighted-      (adjusted for
                Producer                           Exporter              average dumping       subsidy offset)
                                                                        margin  (percent)         (percent)
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CS Wind Vietnam Co., Ltd................  CS Wind Vietnam Co., Ltd..                 65.96                 63.82
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Suspension of Liquidation

    This investigation covers a single producer/exporter combination 
that is excluded from the existing AD order covering the same 
merchandise from Vietnam (A-552-814). Therefore, in this investigation, 
and in accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
only for entries of subject merchandise from the producer/exporter 
combination identified above, that were entered or withdrawn from 
warehouse for consumption on or after the date of publication of this 
notice in the Federal Register. Further, pursuant to section 
733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct 
CBP to require a cash deposit for the covered producer/exporter 
combination, as indicated in the chart above.
    Section 733(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of merchandise entered or withdrawn 
from warehouse for consumption on or after the later of (a) the date 
which is 90 days before the date on which the suspension of liquidation 
was first ordered, or (b) the date on which notice of initiation of the 
investigation was published. Commerce preliminarily finds that critical 
circumstances exist for imports of subject merchandise from CS Wind. In 
accordance with section 733(e)(2)(A) of the Act, the suspension of 
liquidation shall apply to all unliquidated entries of merchandise from 
CS Wind when it is the producer and exporter, that were entered, or 
withdrawn from warehouse, for consumption on or after the date which is 
90 days before the publication of this notice.
    Commerce normally adjusts cash deposits for estimated antidumping 
duties by the amount of export subsidies countervailed in a companion 
countervailing duty (CVD) proceeding, when CVD provisional measures are 
in effect. Accordingly, where Commerce preliminarily made an 
affirmative determination for countervailable export subsidies, 
Commerce has offset the estimated weighted-average dumping margin by 
the appropriate CVD rate. Any such adjusted cash deposit rate may be 
found in the Preliminary Determination section above.
    Should provisional measures in the companion CVD investigation 
expire prior to the expiration of provisional measures in this LTFV 
investigation, Commerce will direct CBP to begin collecting cash 
deposits at a rate equal to the estimated weighted-average dumping 
margins calculated in this preliminary determination unadjusted for the 
passed-through domestic subsidies or for export subsidies at the time 
the CVD provisional measures expire. These suspension of liquidation 
instructions will remain in effect until further notice.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination within five 
days of its public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b). However, because Commerce 
preliminarily applied adverse facts available (AFA) to CS Wind in this 
investigation in accordance with section 776 of the Act, and the 
applied AFA rate is based solely on the petition, there are no 
calculations to disclose.

Verification

    Because the mandatory respondent in this investigation did not 
provide information requested by Commerce and Commerce preliminarily 
determines that the mandatory respondent has been uncooperative, 
verification will not be conducted.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the date of publication of the preliminary determination, 
unless Commerce alters the time limit. Rebuttal briefs, limited to 
issues raised in case briefs, may be submitted no later than five days 
after the deadline date for case briefs.\6\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal 
briefs in this investigation are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
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    \6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

[[Page 8567]]

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

    Dated: February 4, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation consists of 
certain wind towers, whether or not tapered, and sections thereof. 
Certain wind towers 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, unless those 
components are shipped with the tower sections.
    Further, excluded from the scope of the antidumping duty 
investigation are any products covered by the existing antidumping 
duty order on utility scale wind towers from the Socialist Republic 
of Vietnam. See 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).
    Merchandise covered by this investigation is currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under subheading 7308.20.0020 or 8502.31.0000. Wind towers 
of iron or steel are classified under HTSUS 7308.20.0020 when 
imported separately as a tower or tower section(s). Wind towers may 
be classified under HTSUS 8502.31.0000 when imported as combination 
goods with a wind turbine (i.e., accompanying nacelles and/or rotor 
blades). While the HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the scope of the 
investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Application of Facts Available and Use of Adverse Inference
VI. Preliminary Affirmative Determination of Critical Circumstances
VII. Recommendation

[FR Doc. 2020-02725 Filed 2-13-20; 8:45 am]
 BILLING CODE 3510-DS-P