Notice2024-17856
Utility Scale Wind Towers From the People's Republic of China and the Socialist Republic of Vietnam: Final Results of Expedited Second Sunset Review of Antidumping Duty Orders
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
August 12, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of this sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty orders on utility scale wind towers (wind towers) from the People's Republic of China (China) and the Socialist Republic of Vietnam (Vietnam) would be likely to lead to continuation or recurrence of dumping at the levels identified in the "Final Results of Sunset Review" section of this notice.
Full Text
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<title>Federal Register, Volume 89 Issue 155 (Monday, August 12, 2024)</title>
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[Federal Register Volume 89, Number 155 (Monday, August 12, 2024)]
[Notices]
[Pages 65585-65586]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17856]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-981, A-552-814]
Utility Scale Wind Towers From the People's Republic of China and
the Socialist Republic of Vietnam: Final Results of Expedited Second
Sunset Review of Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset review, the U.S. Department of
Commerce (Commerce) finds that revocation of the antidumping duty
orders on utility scale wind towers (wind towers) from the People's
Republic of China (China) and the Socialist Republic of Vietnam
(Vietnam) would be likely to lead to continuation or recurrence of
dumping at the levels identified in the ``Final Results of Sunset
Review'' section of this notice.
DATES: Applicable August 12, 2024.
FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3936.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 2024, Commerce published the initiation of this sunset
review \1\ of the Orders,\2\ pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act). After initiation, a
[[Page 65586]]
domestic interested party \3\ timely submitted a notice of intent to
participate in,\4\ and an adequate substantive response regarding, the
reviews.\5\ The Coalition claimed domestic interested party status
under section 771(9)(C) of the Act as producers of the domestic like
product in the United States.\6\ Commerce did not receive a substantive
response from any respondent interested party, nor was a hearing
requested. Consequently, on May 22, 2024, Commerce notified the U.S.
International Trade Commission that it did not receive an adequate
substantive response from any respondent interested parties.\7\ As a
result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day)
sunset review of the Orders. On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\8\ The
deadline for the final results is now August 6, 2024.
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\1\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 22373
(April 1, 2024).
\2\ See Utility Scale Wind Towers from the People's Republic of
China: Antidumping Duty Order, 78 FR 11146 (February 15, 2013); see
also 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)
(collectively, Orders).
\3\ The domestic interested party is the Wind Tower Trade
Coalition (Coalition), whose individual members are Arcosa Wind
Towers, LLC, Broadwind Inc., and Ventower Industries LLC (Ventower).
\4\ See Coalition's Letter, ``Notice of Intent to Participate in
Sunset Review,'' dated April 15, 2024. (Note the Coalition also
identified Ventower Industries LLC as a domestic producer and
interested party.).
\5\ See Coalition's Letter, ``Substantive Response to Notice of
Initiation of Sunset Review,'' dated April 30, 2024.
\6\ Id.
\7\ See Commerce's Letter, Sunset Reviews for April 2024,''
dated May 22, 2024; see also 19 CFR 351.218(e)(1)(ii)(C)(1).
\8\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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Scope of the Orders
The merchandise covered by the Orders is certain wind towers,
whether or not tapered, and sections thereof. Merchandise covered by
the Orders is currently classified in the Harmonized Tariff System of
the United States (HTSUS) under subheadings 7308.20.002010 or
8502.31.0000.11. 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. For a complete description of the
scope of the Order, see the Issues and Decision Memorandum.\9\
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\9\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited Second Sunset Reviews of the
Antidumping Duty Orders on Utility Scale Wind Towers from the
People's Republic of China and the Socialist Republic of Vietnam,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Analysis of Comments Received
All issues raised in this sunset review are addressed in the Issues
and Decision Memorandum. A list of topics discussed in the Issues and
Decision Memorandum is included in the appendix to this notice. The
Issues and Decision Memorandum is a public document and is on file
electronically via the Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Final Results of Sunset Review
Pursuant to sections 751(c)(1), 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Orders would likely lead to
continuation or recurrence of dumping, and that the magnitude of the
dumping margins likely to prevail are weighted-average dumping margins
up to 60.02 percent for China and up to 58.54 percent for Vietnam.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a). Timely
notification of the return or destruction of APO materials or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
We are issuing and publishing the final results and this notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and
19 CFR 351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii).
Dated: August 6, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Margins of Dumping Likely To Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation
[FR Doc. 2024-17856 Filed 8-9-24; 8:45 am]
BILLING CODE 3510-DS-P
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