[Federal Register Volume 85, Number 166 (Wednesday, August 26, 2020)]
[Notices]
[Pages 52543-52545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18793]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-868, C-560-834, C-552-826]


Utility Scale Wind Towers From Canada, Indonesia, and the 
Socialist Republic of Vietnam: Amended Final Affirmative Countervailing 
Duty Determination and Countervailing Duty Orders

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing countervailing duty orders on utility scale wind 
towers (wind towers) from Canada, Indonesia, and the Socialist Republic 
of Vietnam (Vietnam). In addition, Commerce is amending its final 
determination with respect to wind towers from Canada to correct 
ministerial errors.

DATES: Applicable August 26, 2020.

FOR FURTHER INFORMATION CONTACT: Moses Song at (202) 482-7885 or Tyler 
Weinhold at (202) 482-1121 (Canada); Alex Wood at (202) 482-1959 
(Indonesia); and Davina Friedmann at (202) 482-0698 (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 705(a), 705(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 
that countervailable subsidies are being provided to producers and 
exporters of wind towers

[[Page 52544]]

from Canada, Indonesia, and Vietnam.\1\ In the investigations of wind 
towers from Canada and Indonesia, an interested party to each 
investigation submitted a timely filed allegation on the respective 
records that Commerce made certain ministerial errors in the final 
countervailing duty determinations on wind towers from Canada and 
Indonesia. Section 705(e) of the Act and 19 CFR 351.224(f) define 
ministerial errors as errors in addition, subtraction, or other 
arithmetic function, clerical errors resulting from inaccurate copying, 
duplication, or the like, and any other type of unintentional error 
which Commerce considers ministerial. We reviewed the allegations and 
determined that we made certain ministerial errors in the final 
countervailing duty determination on wind towers from Canada, and 
further determined that we did not make ministerial errors in the final 
countervailing duty determination on wind towers from Indonesia. See 
``Amendment to the Final Determination'' section below for further 
discussion.
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    \1\ See Utility Scale Wind Towers from Canada: Final Affirmative 
Countervailing Duty Determination and Final Negative Determination 
of Critical Circumstances, 85 FR 40245 (July 6, 2020) (Canada Final 
Determination); Utility Scale Wind Towers from Indonesia: Final 
Affirmative Countervailing Duty Determination and Final Affirmative 
Determination of Critical Circumstances, 85 FR 40241 (July 6, 2020) 
(Indonesia Final Determination); and Utility Scale Wind Towers from 
the Socialist Republic of Vietnam: Final Affirmative Countervailing 
Duty Determination and Negative Determination of Critical 
Circumstances, 85 FR 40229 (July 6, 2020) (Vietnam Final 
Determination).
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    On August 19, 2020, the ITC notified Commerce of its affirmative 
final determination that pursuant to sections 705(b)(1)(A)(i) and 
705(d) of the Act, that an industry in the United States is materially 
injured by reason of subsidized imports of subject merchandise from 
Canada, Indonesia, and Vietnam.\2\
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    \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, and Vietnam. For a complete description of the scope of 
these orders, see the appendix to this notice.

Amendment to the Final Determination

    On July 6, 2020, Marmen Inc., Marmen [Eacute]nergie Inc., and 
cross-owned affiliate Gestion Marmen (collectively, Marmen) timely 
alleged that the Canada Final Determination contained certain 
ministerial errors and requested that Commerce correct such errors.\3\ 
On July 15, 2020, the petitioner filed rebuttal comments.\4\
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    \3\ See Marmen's Letter, ``Utility Scale Wind Towers from 
Canada: Ministerial Error Comments,'' dated July 6, 2020.
    \4\ The petitioner to these investigations is the Wind Tower 
Trade Coalition, whose individual members are Arcosa Wind Towers 
Inc. and Broadwind Towers, Inc. See Petitioner's Letter, ``Utility 
Scale Wind Towers from Canada: Response to Marmen's Ministerial 
Error Allegation,'' dated July 15, 2020.
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    Commerce reviewed the record and on August 5, 2020, agreed that a 
certain error referenced in Marmen's allegation constituted a 
ministerial error within the meaning of section 705(e) of the Act and 
19 CFR 351.224(f).\5\ Commerce found that another error alleged in 
Marmen's submission did not constitute a ministerial error. Commerce 
found that it made an error in calculating Marmen's sales denominator 
used in the Canada Final Determination by inadvertently excluding 
Marmen's sales to Marmen Energy Co. (i.e., an affiliate of Marmen).\6\ 
Pursuant to 19 CFR 351.224(e), Commerce is amending the Canada Final 
Determination to reflect the correction of the ministerial error 
described above. Based on this correction, the subsidy rate for Marmen 
decreased from 1.18 percent ad valorem to 1.13 percent ad valorem.\7\ 
Because we based the all-others rate on Marmen's ad valorem subsidy 
rate,\8\ the correction described above also applies to the all-others 
rate. As a result, the all-others rate determined in the Canada Final 
Determination also decreased from 1.18 percent ad valorem to 1.13 
percent ad valorem.\9\
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    \5\ See Memorandum, ``Countervailing Duty Investigation on 
Utility-Scale Wind Towers from Canada--Allegation of Ministerial 
Errors in the Final Determination,'' dated August 5, 2020 
(Ministerial Error Memorandum) at 2-5.
    \6\ Id. at 5-7.
    \7\ Id. at 5.
    \8\ See Canada Final Determination, 85 FR at 40246.
    \9\ See Ministerial Error Memorandum.
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    On July 7, 2020, PT Kenertec Power System (Kenertec) timely alleged 
that the Indonesia Final Determination contained certain ministerial 
errors and requested that Commerce correct such errors.\10\ On July 13, 
2020, the petitioner filed rebuttal comments.\11\ Commerce reviewed the 
record and on August 7, 2020, determined that Kenertec's allegations 
did not constitute ministerial errors within the meaning of section 
705(e) of the Act and 19 CFR 351.224(f).\12\ Accordingly, Commerce is 
not amending the Indonesia Final Determination to reflect the alleged 
ministerial error.
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    \10\ See Kenertec's Letter, ``Utility Scale Wind Towers from 
Indonesia: Ministerial Error Allegation,'' dated July 7, 2020.
    \11\ See Petitioner's Letter, ``Utility Scale Wind Towers from 
Indonesia: Response to Kenertec's Ministerial Error Comments,'' 
dated July 13, 2020.
    \12\ See Memorandum, ``Countervailing Duty Investigation of 
Utility Scale Wind Towers from Indonesia: Allegations of Ministerial 
Errors in the Final Determination,'' dated August 7, 2020 at 3-7.
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Countervailing Duty Orders

    On August 19, 2020, in accordance with sections 705(b)(1)(A)(i) and 
705(d) of the Act, the ITC notified Commerce of its final determination 
in these investigations, in which it found that an industry in the 
United States is materially injured by reason of subsidized imports of 
wind towers from Canada, Indonesia, and Vietnam.\13\ Therefore, in 
accordance with section 705(c)(2) of the Act, Commerce is issuing these 
countervailing duty orders. Because the ITC determined that imports of 
wind towers from Canada, Indonesia, and Vietnam are materially injuring 
a U.S. industry, unliquidated entries of such merchandise from Canada, 
Indonesia, and Vietnam, entered or withdrawn from warehouse for 
consumption, are subject to the assessment of countervailing duties.
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    \13\ See ITC Notification Letter.
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    Therefore, in accordance with section 706(a) of the Act, Commerce 
will direct U.S. Customs and Border Protection (CBP) to assess, upon 
further instruction by Commerce, countervailing duties for all relevant 
entries of wind towers from Canada, Indonesia, and Vietnam, which are 
entered, or withdrawn from warehouse, for consumption on or after 
December 13, 2019, the date of publication of the Preliminary 
Determinations,\14\ but will not include entries occurring after the 
expiration of the provisional measures period and before the 
publication of the ITC's final injury determination under section 
705(b) of the Act, as further described below.
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    \14\ See Utility Scale Wind Towers from Canada: Preliminary 
Affirmative Countervailing Duty Determination, and Alignment of 
Final Determination with Final Antidumping Duty Determination, 84 FR 
68126 (December 13, 2019) (Canada Preliminary Determination); 
Utility Scale Wind Towers from Indonesia: Preliminary Affirmative 
Countervailing Duty Determination and Alignment of Final 
Determination with Final Antidumping Duty Determination, 84 FR 68109 
(December 13, 2019) (Indonesia Preliminary Determination); and 
Utility Scale Wind Towers from the Socialist Republic of Vietnam: 
Preliminary Affirmative Countervailing Duty Determination and 
Alignment of Final Determination with Final Antidumping Duty 
Determination, 84 FR 68104 (December 13, 2019) (Vietnam Preliminary 
Determination) (collectively, Preliminary Determinations).

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[[Page 52545]]

Critical Circumstances

    On July 30, 2020, the ITC found that critical circumstances do not 
exist with respect to imports of subject merchandise from 
Indonesia.\15\ In light of the ITC's negative critical circumstances 
determination on imports of wind towers from Indonesia, we will 
instruct CBP to lift suspension and to refund any cash deposits made to 
secure the payment of estimated countervailing duties with respect to 
entries of wind towers from Indonesia, entered or withdrawn from 
warehouse, for consumption on or after September 14, 2019 (i.e., 90 
days prior to the date of publication of the Indonesia Preliminary 
Determination), but before December 13, 2019 (i.e., the date of the 
publication of the Indonesia Preliminary Determination).
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    \15\ See the ITC's News Release 20-078 (https://www.usitc.gov/press_room/news_release/2020/er0730ll1614.htm).
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Suspension of Liquidation and Cash Deposits

    In accordance with section 706 of the Act, Commerce will instruct 
CBP to reinstitute the suspension of liquidation of wind towers from 
Canada, Indonesia, and Vietnam, as described in the appendix to this 
notice, effective on the date of publication of the ITC's notice of 
final determination in the Federal Register, and to assess, upon 
further instruction by Commerce, pursuant to section 706(a)(1) of the 
Act, countervailing duties for each entry of the subject merchandise in 
an amount based on the net countervailable subsidy rates below for the 
subject merchandise. On or after the date of publication of the ITC's 
final injury determination in the Federal Register, CBP must require, 
at the same time as importers would normally deposit estimated duties 
on this merchandise, a cash deposit equal to the rates noted below. The 
all-others rate applies to all producers or exporters not specifically 
listed below.

                                 Canada
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                                                          Subsidy rate
                       Company                             (percent)
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Marmen Inc., Marmen [Eacute]nergie Inc., and Gestion                1.13
 Marmen Inc.\16\.....................................
All Others...........................................               1.13
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                                Indonesia
------------------------------------------------------------------------
                                                          Subsidy rate
                       Company                             (percent)
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PT Kenertec Power System \17\........................               5.90
All Others...........................................               5.90
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                                 Vietnam
------------------------------------------------------------------------
                                                          Subsidy rate
                       Company                             (percent)
------------------------------------------------------------------------
CS Wind Vietnam Co., Ltd. (a.k.a. CS Wind Tower Co.,                2.84
 Ltd.) \18\..........................................
All Others...........................................               2.84
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Provisional Measures
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    \16\ See Canada Final Determination, 85 FR at 40246; see also 
Ministerial Error Memorandum at 5.
    \17\ See Indonesia Final Determination, 85 FR at 40242.
    \18\ See Vietnam Final Determination, 85 FR at 40230.
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    Section 703(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months. In the underlying investigations, Commerce 
published the Preliminary Determinations on December 13, 2019. As such, 
the four-month period beginning on the date of the publication of the 
Preliminary Determinations ended on April 10, 2020. Furthermore, 
section 707(b) of the Act states that definitive duties are to begin on 
the date of publication of the ITC's final injury determination.
    Therefore, in accordance with section 703(d) of the Act, we 
instructed CBP to terminate the suspension of liquidation and to 
liquidate, without regard to countervailing duties, unliquidated 
entries of wind towers from Canada, Indonesia, and Vietnam, entered, or 
withdrawn from warehouse, for consumption, on or after April 11, 2020, 
the date on which the provisional measures expired, 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 CVD orders with respect to wind towers 
from Canada, Indonesia, and Vietnam, pursuant to section 706(a) of the 
Act. Interested parties can find a list of CVD orders currently in 
effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders are issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: August 20, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Orders

    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 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.

[FR Doc. 2020-18793 Filed 8-25-20; 8:45 am]
BILLING CODE 3510-DS-P