[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Notices]
[Pages 11150-11152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03725]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-814]
Utility Scale Wind Towers From the Socialist Republic of Vietnam:
Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the ``Department'') and the International Trade Commission
(``ITC''), the Department is issuing an antidumping duty order on
utility scale wind towers (``wind towers'') from the Socialist Republic
of Vietnam (``Vietnam''). In addition, the Department is amending its
final determination to correct certain ministerial errors.
DATES: Effective Date: February 15, 2013.
FOR FURTHER INFORMATION CONTACT: Magd Zalok or Charles Riggle, AD/CVD
Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4162 or (202) 482-0650, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (``Act''), on December 26, 2012, the Department
published the final determination of sales at less than fair value in
the antidumping duty investigation of wind towers from Vietnam.\1\ On
February 8, 2013, the ITC notified the Department of its affirmative
determination that an industry in the United States is materially
injured or threatened with material injury by reason of imports of wind
towers from Vietnam.\2\
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\1\ See Utility Scale Wind Towers From the Socialist Republic of
Vietnam: Final Determination of Sales at Less Than Fair Value, 77 FR
75984 (December 26, 2012) (``Final Determination'').
\2\ See Utility Scale Wind Towers from China and Vietnam, USITC
Investigation Nos. 701-TA-486 and 731-TA-1195-1196 (Final), USITC
Publication 4372 (February 2013) (``ITC Report'').
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Scope of the Order
The merchandise covered by this order are certain wind towers,
whether or not tapered, and sections thereof. Certain wind towers are
designed to 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
[[Page 11151]]
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.
Merchandise covered by the order is currently classified in the
Harmonized Tariff System of the United States (``HTSUS'') under
subheadings 7308.20.0020 \3\ or 8502.31.0000.\4\ Prior to 2011,
merchandise covered by the order was classified in the HTSUS under
subheading 7308.20.0000 and may continue to be to some degree. While
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of the order is
dispositive.
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\3\ Wind towers are classified under HTSUS 7308.20.0020 when
imported as a tower or tower section(s) alone.
\4\ Wind towers may also be classified under HTSUS 8502.31.0000
when imported as part of a wind turbine (i.e., accompanying nacelles
and/or rotor blades).
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Amendment to the Final Determination
On December 26, 2012, the Department published its affirmative
final determination in this proceeding.\5\ On December 26, 2012, CS
Wind Group (``CSWG''), the respondent in this investigation, and the
Wind Tower Trade Coalition (``Petitioner'') submitted timely
ministerial error allegations and requested, pursuant to 19 CFR
351.224, that the Department correct the alleged ministerial errors in
the dumping margin calculations. On December 31, 2012, Petitioner
submitted timely rebuttal comments.
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\5\ See Final Determination.
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After analyzing all interested party comments and rebuttals, we
have determined, in accordance with section 735(e) of the Act and 19
CFR 351.224(e), that we made the following ministerial errors in our
calculations for the Final Determination with respect to CSWG:
We unintentionally omitted the factors of production
(``FOPs'') for steel bar, stainless steel pipe, flat-rolled plates and
stone grit from the normal value used in the dumping margin calculation
program.
We unintentionally omitted the FOPs for steel bar,
stainless steel pipe and flat-rolled plates from the calculation of the
average surrogate value used as facts available to account for the
difference between the packed weight of a tower and the sum of the FOPs
of such a tower.
For a detailed discussion of all alleged ministerial errors, as well as
the Department's analysis, see Memorandum to Paul Piquado, Assistant
Secretary for Import Administration, from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty Operations,
concerning, ``Ministerial Error Memorandum, Amended Final Determination
of Sales at Less Than Fair Value: Utility Scale Wind Towers from the
Socialist Republic of Vietnam,'' dated January 18, 2013 (``Ministerial
Error Memorandum'').
In the Final Determination, we assigned the Vietnam-wide entity a
rate based on the highest transaction-specific dumping margin for the
mandatory respondent, CSWG.\6\ Because the change in CSWG's dumping
margin calculation as a result of correcting for the above-identified
ministerial errors affects the rate assigned to the Vietnam-wide
entity, we have also amended the rate assigned to the Vietnam-wide
entity.\7\ The amended weighted-average dumping margins are provided,
below.
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\6\ See Final Determination.
\7\ See Ministerial Error Memorandum.
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Antidumping Duty Order
As noted above, on February 8, 2013, in accordance with section
735(d) of the Act, the ITC notified the Department of its determination
that an industry in the United States is materially injured or
threatened with material injury by reason of imports of wind towers
from Vietnam. Therefore, in accordance with section 736(a)(1) of the
Act, the Department will direct U.S. Customs and Border Protection
(``CBP'') to assess, upon further instruction by the Department,
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 Vietnam.
Section 736(b)(1) of the Act establishes a ``general rule'' that,
if the ITC, in its final determination, finds ``material injury or
threat of material injury which, but for the suspension of liquidation
under section 733(d)(2) {of the Act{time} would have led to a finding
of material injury,'' then entries of the subject merchandise, the
liquidation of which has been suspended pursuant to the Department's
preliminary determination under section 733(d)(2) of the Act, shall be
subject to the imposition of antidumping duties. Section 736(b)(2) of
the Act establishes a ``special rule'' that, if the ITC's final injury
determination is based on the threat of material injury (other than
threat of material injury described in the ``general rule'')
antidumping duties shall be assessed on subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the ITC's notice of final determination. Under this
``special rule,'' the Department orders CBP to terminate suspension and
refund any cash deposit of estimated antidumping duties for entries
made since the Department's preliminary antidumping duty determination
\8\ and before publication of the ITC's final injury determination.\9\
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\8\ See Utility Scale Wind Towers from the Socialist Republic of
Vietnam: Preliminary Determination of Sales at Less Than Fair Value
and Postponement of Final Determination, 77 FR 46058 (August 2,
2012) (``Preliminary Determination'').
\9\ Section 736(b)(2) of the Act (``the Department shall release
any bonds or other security made, and refund any cash deposit made *
* * with respect to entries of the merchandise entered, or withdrawn
from warehouse, for consumption before {the date of the publication
of the ITC's affirmative final injury determination{time} ''); see,
e.g., Narrow Woven Ribbons With Woven Selvedge From Taiwan and the
People's Republic of China: Antidumping Duty Orders, 75 FR 53632,
53633 (September 1, 2010) (where the Department ordered the
termination of suspension and refund of duties for entries occurring
prior to the publication of the ITC's affirmative threat
determination).
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After reviewing the ITC's final determination, the Department
determined that the ``special rule'' pursuant to section 736(b)(2) of
the Act is applicable to the imposition of antidumping duties under
this order. Of the votes in the ITC's final determination, two
commissioners determined that an industry in the United States is
materially injured by reason of imports of utility scale wind towers
from the People's Republic of China and Vietnam, one commissioner
determined that an industry in the United States is threatened with
material injury by reason of such imports and further determined that
he would not have found material injury but for the suspension of
liquidation, and three commissioners determined that an industry in the
United States is not materially injured or threatened with material
injury by reason of such imports.\10\ Because the ITC's determination
that an industry in the United States is materially injured or
threatened with material injury is not accompanied by a finding that
material injury would have resulted but for the suspension of
liquidation of entries since the Preliminary Determination, the
Department determines that the ``general rule'' of section 736(b)(1) of
the
[[Page 11152]]
Act does not apply.\11\ Therefore, in accordance with the ``special
rule'' of section 736(b)(2) of the Act, the Department will instruct
CBP to terminate the suspension of liquidation for entries of wind
towers from Vietnam entered, or withdrawn from warehouse, for
consumption prior to the publication of the ITC's final determination
and refund any cash deposit of estimated antidumping duties for these
entries.
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\10\ See ITC Report.
\11\ See MBL (USA) Corp. v. United States, 16 C.I.T. 108, 111-
114 (1992) (finding that the Act requires the Department, when
confronted with the same ITC voting pattern as present here, to
refund duties collected prior to the ITC's publication of its final
injury determination).
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Suspension of Liquidation and Collection of Cash Deposit
In accordance with sections 735(c)(1)(B) and 736(b)(2) of the Act,
the Department will instruct CBP to suspend liquidation on all entries
of subject merchandise from Vietnam made on or after the date of the
publication of the ITC's final affirmative determination. The
Department will also instruct CBP to require cash deposits equal to the
estimated amount by which the normal value exceeds the U.S. price as
indicated in the chart below. These instructions suspending liquidation
will remain in effect until further notice.
Accordingly, effective on the date of publication 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 for estimated antidumping duties
based on the weighted-average dumping margins. The rate for the
Vietnam-wide entity applies to all combinations of producers and
exporters of subject merchandise not specifically listed under the
``Amended Final Determination of Antidumping Investigation'' section
below.
Amended Final Determination of Antidumping Investigation
The weighted-average dumping margins are as follows:
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Weighted-
average
Exporter Producer dumping
margin
(percent)
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The CS Wind Group*................ The CS Wind Group... 51.54
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Vietnam-Wide Entity**................................... 58.54
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* The CS Wind Group consists of CS Wind Vietnam Co., Ltd. and CS Wind
Corporation.
* The Vietnam-Wide Entity includes Vina-Halla Heavy Industries Ltd.
This notice constitutes the antidumping duty order with respect to
wind towers from Vietnam pursuant to section 736(a) of the Act.
This order and amended final determination are published in
accordance with sections 736(a) and 735(e) of the Act and 19 CFR
351.211 and 351.224(e).
Dated: February 12, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-03725 Filed 2-14-13; 8:45 am]
BILLING CODE 3510-DS-P