[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Notices]
[Pages 40226-40229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14531]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-825]
Utility Scale Wind Towers From the Socialist Republic of Vietnam:
Final Determination of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of utility scale wind towers (wind towers) from the Socialist Republic
of Vietnam
[[Page 40227]]
(Vietnam) by CS Wind Group \1\ are being, or are likely to be, sold in
the United States at less than fair value (LTFV) for the period of
investigation January 1, 2019 through June 30, 2019.
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\1\ CS Wind Vietnam Co., Ltd. (also known as CS Wind Tower Co.,
Ltd.) and CS Wind Corporation (collectively, CS Wind Group) are the
two entities that are directly involved in the production, export,
and sale of subject merchandise. As explained in the Clarification
of the Respondent's Name section infra, in this final determination
we clarify that this investigation covers the CS Wind Group.
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DATES: Applicable July 6, 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
On July 9, 2019, the Wind Tower Trade Coalition (the petitioner)
filed the antidumping duty Petition on wind towers from Vietnam.\2\ The
petitioner explained in the Petition it's belief that CS Wind Vietnam
Co., Ltd. (CS Wind) is the sole Vietnamese wind tower producer and
exporter that is not subject to the Existing Wind Towers Order wind
towers from Vietnam.\3\ The petitioner noted that: ``The U.S.
International Trade Commission found that there were no imports of wind
towers from Vietnamese firms other than CS Wind from 2012- June 2018.
Therefore, we believe that all exports to the United States from
Vietnam are produced by CS Wind and thus subject to this antidumping
duty investigation.'' \4\
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\2\ See Petitioner's Letter, ``Petition for the Imposition of
Antidumping Duties on Utility Scale Wind Towers from the Socialist
Republic of Vietnam,'' dated July 9, 2019 (Petition), Volume V of
the Petition at 1.
\3\ Id. (citing 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) (Existing Wind Towers Order),
\4\ Id. (citing Utility Scale Wind Towers from China and
Vietnam, Inv. Nos. 701-TA-486 and 731-TA-1195-1196, USITC Pub. 4888
(Apr. 2019) (Review) at IV-1).
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On August 5, 2019, Commerce published the Initiation Notice in this
investigation of wind towers from Vietnam.\5\ In the Initiation Notice,
we stated that this investigation applies to CS Wind and again noted
that petitioner identified CS Wind as ``the only Vietnamese wind tower
producer that is not currently subject to the existing AD order on wind
towers from Vietnam.'' \6\ On February 14, 2020, Commerce published in
the Federal Register the Preliminary Determination of sales at LTFV by
CS Wind of wind towers from Vietnam.\7\
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\5\ 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).
\6\ Id., 84 FR at 37997.
\7\ See 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, 85 FR 8565 (February 14, 2020), and
accompanying Preliminary Decision Memorandum (Preliminary
Determination).
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On February 27, 2020, Commerce postponed the deadline for the final
determination until June 29, 2020.\8\ We invited interested parties to
comment on the Preliminary Determination. A summary of the events that
occurred since Commerce published the Preliminary Determination, as
well as a full discussion of the issues raised by parties for this
final determination, may be found in the Issues and Decision
Memorandum, which is adopted by this notice.\9\
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\8\ See Utility Scale Wind Towers From the Socialist Republic of
Vietnam: Postponement of Final Determination of Sales at Less-Than-
Fair-Value Investigation, 85 FR 11341(February 27, 2020).
\9\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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 (Issues
and Decision Memorandum).
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Clarification of the Respondent's Name
In the Preliminary Determination, consistent with the information
provided by the petitioners in the Petition, we stated that CS Wind is
the only producer and exporter of wind towers in Vietnam not currently
subject to the Existing Wind Towers Order from Vietnam.\10\ However,
the Petition also explained that it intended for the investigation to
apply to the producer/exporter combination excluded from the Existing
Wind Towers Order.\11\ The companies excluded from the Existing Wind
Towers Order are in fact the CS Wind Group, consisting of CS Wind and
its owner, CS Wind Corporation, which were determined to be affiliated
in that proceeding.\12\ In addition, information on the record
indicates that CS Wind was formerly known as CS Wind Tower Co.,
Ltd.\13\ and Commerce received a communication from U.S. Customs and
Border Protection (CBP), requesting information as to whether the
entity ``CS Wind Tower Co., Ltd.'' is the same company as the mandatory
respondent CS Wind Vietnam Co., Ltd. ``CS Wind Tower Co., Ltd.'' \14\
On the basis of this record information, we conclude that CS Wind
Vietnam Co., Ltd. and CS Wind Tower Co., Ltd. are the same entity and
will convey that understanding to CBP upon the issuance of this final
determination.
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\10\ See Preliminary Determination at 1 (citing Existing Wind
Towers Order; and 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) (Amended Final Determination)).
\11\ See Volume V of the Petition at 1
\12\ Id.
\13\ See CS Wind's Letter, ``CS Wind's Section A Questionnaire
Response in the Antidumping Duty Investigation of Utility Scale Wind
Towers From the Socialist Republic of Vietnam (A-552-825),'' dated
September 6, 2019, at 26.
\14\ See Commerce's Memo, ``U.S. Customs and Border Protection
Question,'' dated June 18, 2020.
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Because nothing on the record indicates that the status of the
entities in the CS Wind Group have changed, and as indicated in the
Petition, Initiation Notice, and the Preliminary Determination, this
investigation is intended to cover the producer and exporter
combination excluded from the Existing Wind Towers Order, for purposes
of the final determination, Commerce clarifies that this investigation
covers wind towers produced and exported by the CS Wind Group, which
includes CS Wind Vietnam Co., Ltd., otherwise known as CS Wind Tower
Co., Ltd. (collectively, CS Wind) and its affiliated owner, CS Wind
Corporation.\15\
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\15\ See Existing Wind Towers Order; Amended Final
Determination. See also Commerce's Memorandum, ``CS Wind Entities,''
dated concurrently with this memorandum (Final Analysis Memo).
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Scope of the Investigation
The product covered by this investigation is wind towers from
Vietnam. For a full description of the scope of this investigation, see
the ``Scope of the Investigation'' in Appendix I of this notice.
Scope Comments
Commerce did not receive any scope comments and has not updated the
scope of the investigation since the Preliminary Determination.
Verification
Because the mandatory respondent in this investigation did not
provide necessary information requested by Commerce, we did not conduct
verification.
[[Page 40228]]
Changes Since the Preliminary Determination and Use of Adverse Facts
Available
Commerce has made no changes to the Preliminary Determination. As
stated in the Preliminary Determination, we found that the application
of facts available with an adverse inference with respect to the
examined respondent was warranted, in accordance with sections 776(a)
and (b) of the Tariff Act of 1930, as amended (the Act).\16\
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\16\ See Preliminary Determination at 3-10.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
parties in this investigation are addressed in the Issues and Decision
Memorandum accompanying this notice. A list of the issues addressed in
the Issues and Decision Memorandum is attached to this notice as
Appendix II. 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 https://access.trade.gov. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the
Issues and Decision Memorandum are identical in content.
Final Affirmative Determination of Critical Circumstances
In accordance with section 733(e)(1) of the Act and 19 CFR 351.206,
we preliminarily determined that critical circumstances did exist with
respect to imports of wind towers from Vietnam because the factors
under section 773(e)(1)(A) of the Act were met. Our final determination
remains unchanged. Accordingly, pursuant to section 735(a)(3) of the
Act, we find that critical circumstances do exist with respect to
imports of wind towers from Vietnam. For a full description of the
methodology and results of Commerce's critical circumstances analysis,
see the Issues and Decision Memorandum.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
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\17\ In the companion countervailing duty (CVD) investigation,
Commerce calculated a 2.16 percent export subsidy rate for CS Wind
Vietnam Co., Ltd. See unpublished Federal Register notice titled
``Utility Scale Wind Towers from the Socialist Republic from the
Socialist Republic of Vietnam: Final Affirmative Countervailing Duty
Determination,'' dated concurrently with this notice, and
accompanying Issues and Decision Memorandum.
\18\ CS Wind Tower Co., Ltd. is a former name for CS Wind
Vietnam Co., Ltd; see also Final Analysis Memo.
\19\ In the Preliminary Determination, we stated that CS Wind is
the only producer and exporter of wind towers in Vietnam not
currently subject to the existing antidumping duty order on wind
towers from Vietnam. See Preliminary Determination at 1 (citing
Existing Wind Towers Order); and 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)). Commerce clarifies
that this investigation covers wind towers excluded from the
Existing Wind Towers Order (i.e., wind towers produced and exported
by the CS Wind Group, which includes both CS Wind and CS Wind
Corporation). For further information, see the Clarification of the
Respondent's Name section, supra, Issues and Decision Memorandum,
and Final Analysis Memo.
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Weighted-average Cash deposit rate
Exporter and producer dumping margin (adjusted for subsidy
(percent) offset) (percent) \17\
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CS Wind Vietnam Co., Ltd. a/k/a CS Wind Tower Co., Ltd.\18\ 65.96 63.80
and CS Wind Corporation \19\ (collectively, the CS Wind
Group).....................................................
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(4)(A) of the Act, because we
continue to find that critical circumstances exist, we will direct CBP
to continue to suspend liquidation of all entries of wind towers, as
described in Appendix I of this notice, which are entered, or withdrawn
from warehouse, for consumption on or after November 16, 2019, which is
90 days prior to the date of publication in the Federal Register of the
affirmative Preliminary Determination.
This investigation covers a single producer and exporter
combination that is excluded from the Existing Wind Towers Order
covering the same merchandise from Vietnam (A-552-814). Pursuant to
section 735(c)(1) of the Act and 19 CFR 351.210(d), we will instruct
CBP to require a cash deposit for such entries of merchandise equal to
the estimated weighted-average dumping margin as follows: The cash
deposit rate for the company listed in the table above will be equal to
the company-specific estimated weighted-average dumping margin
identified for that company in the table. These suspension of
liquidation instructions will remain in effect until further notice.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of export
subsidies determined in a companion CVD proceeding when CVD provisional
measures are in effect. Accordingly, where Commerce makes an
affirmative determination for export subsidies, Commerce offsets the
calculated estimated weighted-average dumping margin by the appropriate
rate(s). In this case, we have found export subsidies for certain
respondents. However, suspension of liquidation for provisional
measures in the companion CVD case has been discontinued; therefore, we
are not instructing CBP to collect cash deposits based upon the
estimated weighted-average dumping margin adjusted for export subsidies
at this time.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports, or sales (or the likelihood of
sales) for importation of wind towers from Vietnam no later than 45
days after this final determination. If the ITC determines that such
injury does not exist, this proceeding will be terminated, and all cash
deposits will be refunded. If the ITC determines that such injury does
exist, Commerce will issue an antidumping duty order directing CBP to
assess, upon further instruction by Commerce, antidumping duties on all
imports of the subject
[[Page 40229]]
merchandise entered, or withdrawn from warehouse, for consumption on or
after the effective date of the suspension of liquidation, as discussed
above in the ``Continuation of Suspension of Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials, or conversion
to judicial protective order, is hereby requested. Failure to comply
with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This determination is issued and published pursuant to sections
735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: June 29, 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.
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Clarification of the Respondent
IV. Scope of the Investigation
V. Adjustment for Countervailed Export Subsidies
VI. Application of Adverse Facts Available
VII. Discussion of the Issues
Comment 1: Application of Total Adverse Facts Available to CS
Wind
Comment 2: Critical Circumstances
Comment 3: Moot Issues
VIII. Recommendation
[FR Doc. 2020-14531 Filed 7-2-20; 8:45 am]
BILLING CODE 3510-DS-P