[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

[[Page 52548]]

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