[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Notices]
[Pages 30725-30726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10154]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-552-826]


Utility Scale Wind Towers From the Socialist Republic of Vietnam: 
Notice of Court Decision Not in Harmony With the Final Determination of 
Countervailing Duty Investigation

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

SUMMARY: On April 27, 2023, the U.S. Court of International Trade (CIT) 
issued its final judgment in Wind Tower Trade Coalition v. United 
States, Court No. 20-03692, sustaining the U.S. Department of 
Commerce's (Commerce) final results of redetermination pertaining to 
the countervailing duty (CVD) investigation of utility scale wind 
towers (wind towers) from the Socialist Republic of Vietnam (Vietnam) 
covering the period of investigation January 1, 2018, through December 
31, 2018. Commerce is notifying the public that the CIT's final 
judgment is not in harmony with Commerce's final determination in that 
investigation.

DATES: Applicable April 27, 2023.

FOR FURTHER INFORMATION CONTACT: Carolyn Adie or Frank Schmitt, 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) 482-6250 or (202) 482-4880, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 6, 2020, Commerce published its Final Determination in the 
CVD investigation of wind towers from Vietnam.\1\ Commerce calculated a 
final subsidy rate for the mandatory respondent, CS Wind Vietnam Co., 
Ltd. (a.k.a. CS Wind Tower Co., Ltd.) (CS Wind Vietnam), and assigned 
the subsidy rate calculated for CS Wind Vietnam as the all-others 
rate.\2\ Commerce subsequently published the CVD order on wind towers 
from Vietnam.\3\
---------------------------------------------------------------------------

    \1\ See Utility Scale Wind Towers from the Socialist Republic of 
Vietnam: Final Affirmative Countervailing Duty Determination and 
Negative Determination of Critical Circumstance, 85 FR 40229 (July 
6, 2020) (Final Determination), and accompanying Issues and Decision 
Memorandum.
    \2\ Id.
    \3\ See Utility Scale Wind Towers from Canada, Indonesia, and 
the Socialist Republic of Vietnam: Amended Final Affirmative 
Countervailing Duty Determination and Countervailing Duty Orders, 85 
FR 52543 (August 26, 2020).
---------------------------------------------------------------------------

    The Wind Tower Trade Coalition appealed Commerce's Final 
Determination. On March 24, 2022, the CIT remanded the Final 
Determination to Commerce, instructing Commerce to: (1) discuss and 
address certain evidence and arguments that the Wind Tower Trade 
Coalition raised pertaining to potential manipulation; and (2) 
substantiate its conclusion as to the import status of certain steel 
plate in light of evidence that detracts from its conclusions, and to 
further explain its subsidy calculations for the Import Duty Exemptions 
program.\4\
---------------------------------------------------------------------------

    \4\ See Wind Tower Trade Coalition v. United States, Court No. 
20-03692, Slip. Op. 22-27 (CIT March 24, 2022).
---------------------------------------------------------------------------

    In its final results of redetermination, issued on July 21, 2022, 
Commerce provided further explanation and analysis of the evidence and 
arguments presented by the Wind Tower Trade Coalition concerning 
manipulation, and provided further explanation to substantiate our 
finding that certain steel plate imports were sourced from within 
Vietnam, rather than imported. Based on the results of these analyses, 
the CVD rates calculated in the Final Determination remain 
unchanged.\5\ The CIT sustained Commerce's final results of 
redetermination.\6\
---------------------------------------------------------------------------

    \5\ See Final Results of Redetermination Pursuant to Court 
Remand, Wind Tower Trade Coalition v. United States, Court No. 20-
03692, Slip. Op. 22-27 (CIT March 24, 2022), dated July 21, 2022, 
available at https://access.trade.gov/resources/remands/index.html.
    \6\ See Wind Tower Trade Coalition v. United States, Slip. Op. 
23-63 (CIT April 27, 2023).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,7 as clarified by Diamond 
Sawblades,8 the U.S. Court of Appeals for the Federal 
Circuit held that, pursuant to section 516A(c) and (e) of the Tariff 
Act of 1930, as amended (the Act), Commerce must publish a notice of 
court decision that is not ``in harmony'' with a Commerce determination 
and must suspend liquidation of entries pending a ``conclusive'' court 
decision. The CIT's April 27, 2023, judgment constitutes a

[[Page 30726]]

final decision of the CIT that is not in harmony with Commerce's Final 
Determination. Thus, this notice is published in fulfillment of the 
publication requirements of Timken.
---------------------------------------------------------------------------

    \7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \8\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: May 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-10154 Filed 5-11-23; 8:45 am]
BILLING CODE 3510-DS-P