Notice2023-10154
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 12, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 92 (Friday, May 12, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Notices]
[Pages 30725-30726]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://access.trade.gov/resources/remands/index.html">https://access.trade.gov/resources/remands/index.html</a>.
\6\ See Wind Tower Trade Coalition v. United States, Slip. Op.
23-63 (CIT April 27, 2023).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,<SUP>7</SUP> as clarified by Diamond
Sawblades,<SUP>8</SUP> 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
</pre></body>
</html>Indexed from Federal Register on May 12, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.