[Federal Register Volume 85, Number 166 (Wednesday, August 26, 2020)]
[Notices]
[Pages 52546-52548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18792]
[[Page 52546]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-867, A-560-833, A-580-902, A-552-825]
Utility Scale Wind Towers From Canada, Indonesia, the Republic of
Korea, and the Socialist Republic of Vietnam: Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing antidumping duty (AD) orders on utility scale wind
towers (wind towers) from Canada, Indonesia, the Republic of Korea
(Korea), and the Socialist Republic of Vietnam (Vietnam).
DATES: Applicable August 26, 2020.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney at (202) 482-4475
(Canada); Benjamin Luberda at (202) 482-2185 or Brittany Bauer at (202)
482-3860 (Indonesia); Adam Simons at (202) 482-6172 or David Goldberger
at (202) 482-4136 (Korea); Joshua A. DeMoss at (202) 482-3362
(Vietnam); AD/CVD Operations, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on July 6, 2020,
Commerce published its affirmative final determinations in the less-
than-fair-value (LTFV) investigations of wind towers from Canada,
Indonesia, Korea, and Vietnam.\1\ On August 19, 2020, the ITC notified
Commerce of its final affirmative determinations that an industry in
the United States is materially injured within the meaning of section
735(b)(1)(A)(i) of the Act, by reason of the LTFV imports of wind
towers from Canada, Indonesia, Korea, and Vietnam, and its
determinations that critical circumstances do not exist with respect to
imports of subject merchandise from Korea and Vietnam that are subject
to Commerce's affirmative critical circumstances findings.\2\
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\1\ See Utility Scale Wind Towers from Canada: Final
Determination of Sales at Less Than Fair Value and Final Negative
Determination of Critical Circumstances, 85 FR 40239 (July 6, 2020);
Utility Scale Wind Towers from Indonesia: Final Determination of
Sales at Less Than Fair Value and Final Negative Determination of
Critical Circumstances, 85 FR 40231 (July 6, 2020); Utility Scale
Wind Towers from the Republic of Korea: Final Determination of Sales
at Less Than Fair Value and Final Affirmative Determination of
Critical Circumstances, 85 FR 40243 (July 6, 2020); and 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, 85 FR 40226 (July 6, 2020)
(collectively, Final Determinations).
\2\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated August 19, 2020 (ITC Notification Letter).
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Scope of the Orders
The merchandise covered by these orders is wind towers from Canada,
Indonesia, Korea, and Vietnam. For a complete description of the scope
of the orders, see Appendices I and II to this notice.\3\
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\3\ Appendix I contains the scope language for the Canada,
Indonesia, and Korea AD orders. Appendix II contains the scope
language for the Vietnam AD order.
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Antidumping Duty Orders
On August 19, 2020, in accordance with sections 735(b)(1)(A)(i) and
735(d) of the Act, the ITC notified Commerce of its Final
Determinations that an industry in the United States is materially
injured by reason of imports of wind towers from Canada, Indonesia,
Korea, and Vietnam and its determination that critical circumstances do
not exist with respect to imports of subject merchandise from Korea and
Vietnam that are subject to Commerce's affirmative critical
circumstances finding.\4\ Therefore, Commerce is issuing these AD
orders in accordance with sections 735(c)(2) and 736 of the Act.
Because the ITC determined that imports of wind towers from Canada,
Indonesia, Korea, and Vietnam are materially injuring a U.S. industry,
unliquidated entries of such merchandise from Canada, Indonesia, Korea,
and Vietnam, which are entered or withdrawn from warehouse for
consumption, are subject to the assessment of antidumping duties.
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\4\ See ITC Notification Letter.
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As a result of the ITC's final affirmative determinations, in
accordance with section 736(a)(1) of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to assess, upon further instruction
by Commerce, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price or constructed export
price of the merchandise, for all relevant entries of wind towers from
Canada, Indonesia, Korea, and Vietnam. For entries of wind towers from
Canada, Indonesia, or Vietnam, the cash deposits for estimated
antidumping duties will be adjusted for export subsidies found in the
final determinations of the companion countervailing duty
investigations.\5\ Antidumping duties will be assessed on unliquidated
entries of wind towers from Canada, Indonesia, Korea, and Vietnam
entered, or withdrawn from warehouse, for consumption on or after
February 14, 2020, the date of publication of these Preliminary
Determinations,\6\ but will not include entries occurring after the
expiration of the provisional measures period and before publication in
the Federal Register of the ITC's injury determination, as further
described below.
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\5\ See Final Determinations.
\6\ See Utility Scale Wind Towers from Canada: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Preliminary Negative Determination of Critical Circumstances,
Postponement of Final Determination, and Extension of Provisional
Measures, 85 FR 8562 (February 14, 2020); Utility Scale Wind Towers
from the Republic of Korea: Preliminary Affirmative Determination of
Sales at Less Than Fair Value and Preliminary Affirmative
Determination of Critical Circumstances, 85 FR 8560 (February 14,
2020); Utility Scale Wind Towers from Indonesia: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Preliminary Negative Determination of Critical Circumstances,
Postponement of Final Determination, and Extension of Provisional
Measures, 85 FR 8558 (February 14, 2020); and 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) (collectively, Preliminary
Determinations).
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Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of wind towers from Korea and Vietnam, we will
instruct CBP to lift suspension and to refund any cash deposits made to
secure the payment of estimated antidumping duties with respect to
entries of wind towers from Korea and Vietnam, entered or withdrawn
from warehouse, for consumption on or after November 16, 2019 (i.e., 90
days prior to the date of the publication of the preliminary
determinations), but before February 14, 2020 (i.e., the date of
publication of the preliminary determinations for these
investigations).
Continuation of Suspension of Liquidation
In accordance with section 736 of the Act, Commerce will instruct
CBP to continue to suspend liquidation on all relevant entries of wind
towers from Canada, Indonesia, Korea, and Vietnam as described in the
Appendix to this
[[Page 52547]]
notice which are entered, or withdrawn from warehouse, for consumption
on or after the date of publication of the ITC's notice of final
determination in the Federal Register. These instructions suspending
liquidation will remain in effect until further notice.
We will also instruct CBP to require cash deposits equal to the
amount as indicated below. Accordingly, effective on the date of
publication in the Federal Register of the ITC's final affirmative
injury determination, CBP will require, at the same time as importers
would normally deposit estimated duties on this subject merchandise, a
cash deposit equal to the cash deposit for estimated antidumping duties
based on the ad valorem cash deposit rates listed below.\7\ The
relevant all-others rates apply to all producers or exporters not
specifically listed, as appropriate.
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\7\ See section 736(a)(3) of the Act.
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Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins for each AD order
are as follows:
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Cash deposit rate
Estimated weighted- (adjusted for
Exporter or producer average dumping subsidy offset(s))
margin (percent) (percent)
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Canada
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Marmen Inc./Marmen [Eacute]nergie Inc................................. 4.94 4.94
All Others............................................................ 4.94 4.94
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Indonesia
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PT Kenertec Power System.............................................. 8.53 8.50
All Others............................................................ 8.53 8.50
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Korea
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Estimated weighted-average dumping margin
Exporter or producer (percent)
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Dongkuk S&C Co., Ltd................................................. 5.41
All Others........................................................... 5.41
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Vietnam
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CS Wind Vietnam Co., Ltd. a/k/a CS Wind Tower Co., Ltd. and CS Wind 65.96 63.80
Corporation (collectively, the CS Wind Group)........................
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Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except that Commerce may extend the
four-month period to no more than six months at the request of
exporters representing a significant proportion of exports of the
subject merchandise. At the request of exporters that account for a
significant proportion of exports of wind towers from Canada,
Indonesia, Korea, and Vietnam, we extended the four-month period to six
months in the Preliminary Determinations published on February 14,
2020. Therefore, the extended period, beginning on the date of
publication of the Preliminary Determinations, ended on August 12,
2020. Pursuant to section 737(b) of the Act, the collection of cash
deposits at the rates listed above will begin on the date of
publication of the ITC's final injury determination.
Therefore, in accordance with section 733(d) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of wind towers from Canada, Indonesia, Korea, and
Vietnam entered, or withdrawn from warehouse, for consumption on or
after August 13, 2020, the first day provisional measures were no
longer in effect, until and through the day preceding the date of
publication of the ITC's final injury determination in the Federal
Register. Suspension of liquidation will resume on the date of
publication of the ITC's final determination in the Federal Register.
Notification to Interested Parties
This notice constitutes the AD orders with respect to wind towers
from Canada, Indonesia, Korea, and Vietnam pursuant to section 736(a)
of the Act. Interested parties can find a list of AD orders currently
in effect at http://enforcement.trade.gov/stats/iastats1.html.
These orders are issued and published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: August 20, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Orders on Canada, Indonesia, and Korea
The merchandise covered by these orders 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
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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 these orders 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 these
orders is dispositive.
Appendix II
Scope of the Order on Vietnam
The merchandise covered by this order 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 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 these orders 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 these
orders is dispositive.
[FR Doc. 2020-18792 Filed 8-25-20; 8:45 am]
BILLING CODE 3510-DS-P