[Federal Register Volume 89, Number 210 (Wednesday, October 30, 2024)]
[Notices]
[Pages 86314-86315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25230]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-981, A-552-814, C-570-982]
Utility Scale Wind Towers From the People's Republic of China and
the Socialist Republic of Vietnam: Continuation of Antidumping Duty
Orders and Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) order and countervailing
duty (CVD) order on utility scale wind towers (wind towers) from the
People's Republic of China (China) and the AD order on wind towers from
the Socialist Republic of Vietnam (Vietnam) would likely lead to a
continuation or recurrence of dumping, countervailable subsidies, and
material injury to an industry in the United States, Commerce is
publishing a notice of continuation of these AD and CVD orders.
DATES: Applicable October 17, 2024.
FOR FURTHER INFORMATION CONTACT: Robert Bolling (China and Vietnam AD)
or John Conniff (China CVD), AD/CVD Operations, Offices IV and III,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20030; telephone: (202) 482-3434, or (202) 482-1009, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 15, 2013, Commerce published in the Federal Register
the AD orders on wind towers from China and Vietnam and the CVD order
on wind towers from China.\1\ On April 1, 2024, the ITC instituted its
review of the Orders,\2\ and Commerce initiated \3\ the second sunset
review of the Orders, pursuant to section 751(c) of the Tariff Act of
1930, as amended (the Act). As a result of its reviews, Commerce
determined that revocation of the Orders would likely lead to
continuation or recurrence of dumping and/or countervailable subsidies,
and therefore, notified the ITC of the magnitude of the margins of
dumping and net countervailable subsidy rates likely to prevail should
the Orders be revoked.\4\
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\1\ See Utility Scale Wind Towers from the People's Republic of
China: Antidumping Duty Order, 78 FR 11146 (February 15, 2013);
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); and Utility
Scale Wind Towers from the People's Republic of China:
Countervailing Duty Order, 78 FR 11152 (February 15, 2013)
(collectively, Orders).
\2\ See Utility Scale Wind Towers from China and Vietnam;
Institution of Five-Year Reviews, 89 FR 22445 (April 1, 2024).
\3\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 22373
(April 1, 2024).
\4\ See Utility Scale Wind Towers from China and Vietnam: Final
Results of the Expedited Second Sunset Review of the Antidumping
Duty Orders, 89 FR 65585 (August 12, 2024), and accompanying Issues
and Decision Memorandum (IDM); Utility Scale Wind Towers from the
People's Republic of China: Final Results of Expedited Second Sunset
Review of the Countervailing Duty Order, 89 FR 60603 (July 26,
2024), and accompanying IDM.
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On October 17, 2024, the ITC published its determination, pursuant
to sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Utility Scale Wind Towers from China and Vietnam, 89 FR
83702 (October 17, 2024) (ITC Final Determination); see also Utility
Scale Wind Towers from China and Vietnam: Investigation Nos. 701-TA-
486 and 731-TA-1195-1196 (Second Review), USITC Publication 5553
(October 2024).
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Scope of the Orders
The merchandise covered by the Orders 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
[[Page 86315]]
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 non-subject 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 Orders is currently classified in the
Harmonized Tariff System of the United States (HTSUS) under subheadings
7308.20.0020 or 8502.31.0000. Prior to 2011, merchandise covered by the
Orders 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 subject merchandise is dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to a continuation or
recurrence of dumping, countervailable subsides, and material injury to
an industry in the United States, pursuant to section 751(d)(2) of the
Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of
the Orders on wind towers from China and Vietnam. U.S. Customs and
Border Protection will continue to collect AD and CVD cash deposits at
the rates in effect at the time of entry for all imports of subject
merchandise.
The effective date of the continuation of the Orders will be
October 17, 2024. Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year review
of the Orders no later than 30 days prior to the fifth anniversary of
the date of the last determination by the ITC.
Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
an APO of their responsibility concerning the return, destruction, or
conversion to judicial protective order of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply is a violation of the APO which may be subject to sanctions.
Notification to Interested Parties
These five-year sunset reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published pursuant to
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: October 24, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-25230 Filed 10-29-24; 8:45 am]
BILLING CODE 3510-DS-P