11150 Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Notices

more than six months.18 In the of publication of the ITC’s final injury warehouse, for consumption after underlying investigations, the determination. January 30, 2013, the date provisional Department published the preliminary Therefore, in accordance with section measures expired, until and through the determinations on August 3, 2012. 733(d) of the Act and our practice, we day preceding the date of publication of Therefore, the six-month period will instruct CBP to terminate the the ITC’s final injury determinations in beginning on the date of publication of suspension of liquidation and to the Federal Register. Suspension of the preliminary determinations ended liquidate, without regard to liquidation will resume on the date of on January 30, 2013. Furthermore, antidumping duties, unliquidated publication of the ITC’s final section 737(b) of the Act states that entries of washers from Mexico and determinations in the Federal Register. definitive duties are to begin on the date Korea entered, or withdrawn from

THE WEIGHTED-AVERAGE DUMPING MARGINS ARE AS FOLLOWS:

Dumping Cash deposit Country Manufacturer/Exporter margin (%)

Mexico ...... Electrolux Home Products Corp. NV/Electrolux Home Products De Mexico, S.A. de C.V. 36.52 36.52. Samsung Electronics Mexico S.A. de C.V...... 72.41 72.41 Whirlpool International S. de R.L. de C.V...... 72.41 72.41 All Others ...... 36.52 36.52 Korea ...... Daewoo Electronics Corporation ...... 82.41 79.11 LG Electronics Inc...... 13.02 13.02 Samsung Electronics Co., Ltd...... 9.29 9.23 All Others ...... 11.86 11.80

This notice constitutes the International Trade Commission material injury by reason of imports of antidumping duty orders with respect to (‘‘ITC’’), the Department is issuing an wind towers from Vietnam.2 washers from Mexico and Korea antidumping duty order on utility scale Scope of the Order pursuant to section 736(a) of the Act. wind towers (‘‘wind towers’’) from the Interested parties can find an updated Socialist Republic of Vietnam The merchandise covered by this list of antidumping duty orders (‘‘Vietnam’’). In addition, the order are certain wind towers, whether currently in effect at http:// Department is amending its final or not tapered, and sections thereof. ia.ita.doc.gov/stats/iastats1.html. determination to correct certain Certain wind towers are designed to These orders are published in ministerial errors. support the nacelle and rotor blades in accordance with section 736(a) of the a wind turbine with a minimum rated DATES: Act and section 351.211 of the Effective Date: February 15, electrical power generation capacity in Department’s regulations. 2013. excess of 100 kilowatts and with a Dated: February 8, 2013. FOR FURTHER INFORMATION CONTACT: minimum height of 50 meters measured from the base of the tower to the bottom Paul Piquado, Magd Zalok or Charles Riggle, AD/CVD Operations, Office 4, Import of the nacelle (i.e., where the top of the Assistant Secretary for Import tower and nacelle are joined) when fully Administration. Administration, International Trade Administration, U.S. Department of assembled. [FR Doc. 2013–03630 Filed 2–14–13; 8:45 am] A wind tower section consists of, at BILLING CODE 3510–DS–P Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; a minimum, multiple steel plates rolled telephone: (202) 482–4162 or (202) 482– into cylindrical or conical shapes and DEPARTMENT OF COMMERCE 0650, respectively. welded together (or otherwise attached) to form a steel shell, regardless of SUPPLEMENTARY INFORMATION: International Trade Administration coating, end-finish, painting, treatment, Background or method of manufacture, and with or [A–552–814] without flanges, doors, or internal or In accordance with sections 735(d) external components (e.g., flooring/ Utility Scale Wind Towers From the and 777(i)(1) of the Tariff Act of 1930, decking, ladders, lifts, electrical buss Socialist Republic of Vietnam: as amended (‘‘Act’’), on December 26, boxes, electrical cabling, conduit, cable Amended Final Determination of Sales 2012, the Department published the harness for nacelle generator, interior at Less Than Fair Value and final determination of sales at less than lighting, tool and storage lockers) Antidumping Duty Order fair value in the antidumping duty attached to the wind tower section. AGENCY: Import Administration, investigation of wind towers from Several wind tower sections are International Trade Administration, Vietnam.1 On February 8, 2013, the ITC normally required to form a completed Department of Commerce. notified the Department of its wind tower. SUMMARY: Based on affirmative final affirmative determination that an Wind towers and sections thereof are determinations by the Department of industry in the United States is included within the scope whether or Commerce (the ‘‘Department’’) and the materially injured or threatened with not they are joined with nonsubject

18 See letters to the Department from LG Products, Inc. (collectively, Electrolux) (Mexico); 2 See Utility Scale Wind Towers from China and Electronics Inc. and LG Electronics USA, Inc. dated July 13, 2012. Vietnam, USITC Investigation Nos. 701–TA–486 (collectively, LG), and Samsung Electronics Co., 1 See Utility Scale Wind Towers From the and 731–TA–1195–1196 (Final), USITC Publication Ltd. and Samsung Electronics America, Inc. Socialist Republic of Vietnam: Final Determination 4372 (February 2013) (‘‘ITC Report’’). (collectively, Samsung) (Korea); and Electrolux of Sales at Less Than Fair Value, 77 FR 75984 Home Products, Corp., N.V. and Electrolux Home (December 26, 2012) (‘‘Final Determination’’).

VerDate Mar<15>2010 19:09 Feb 14, 2013 Jkt 229001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\15FEN1.SGM 15FEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Notices 11151

merchandise, such as nacelles or rotor For a detailed discussion of all alleged threat of material injury (other than blades, and whether or not they have ministerial errors, as well as the threat of material injury described in the internal or external components Department’s analysis, see ‘‘general rule’’) antidumping duties attached to the subject merchandise. Memorandum to Paul Piquado, shall be assessed on subject Specifically excluded from the scope Assistant Secretary for Import merchandise entered, or withdrawn are nacelles and rotor blades, regardless Administration, from Christian Marsh, from warehouse, for consumption on or of whether they are attached to the wind Deputy Assistant Secretary for after the date of publication of the ITC’s tower. Also excluded are any internal or Antidumping and Countervailing Duty notice of final determination. Under this external components which are not Operations, concerning, ‘‘Ministerial ‘‘special rule,’’ the Department orders attached to the wind towers or sections Error Memorandum, Amended Final CBP to terminate suspension and refund thereof. Determination of Sales at Less Than Fair any cash deposit of estimated Merchandise covered by the order is Value: Utility Scale Wind Towers from antidumping duties for entries made currently classified in the Harmonized the Socialist Republic of Vietnam,’’ since the Department’s preliminary Tariff System of the United States dated January 18, 2013 (‘‘Ministerial antidumping duty determination 8 and (‘‘HTSUS’’) under subheadings Error Memorandum’’). before publication of the ITC’s final 7308.20.0020 3 or 8502.31.0000.4 Prior In the Final Determination, we injury determination.9 to 2011, merchandise covered by the assigned the Vietnam-wide entity a rate order was classified in the HTSUS based on the highest transaction-specific After reviewing the ITC’s final under subheading 7308.20.0000 and dumping margin for the mandatory determination, the Department may continue to be to some degree. respondent, CSWG.6 Because the change determined that the ‘‘special rule’’ While the HTSUS subheadings are in CSWG’s dumping margin calculation pursuant to section 736(b)(2) of the Act provided for convenience and customs as a result of correcting for the above- is applicable to the imposition of purposes, the written description of the identified ministerial errors affects the antidumping duties under this order. Of scope of the order is dispositive. rate assigned to the Vietnam-wide the votes in the ITC’s final Amendment to the Final Determination entity, we have also amended the rate determination, two commissioners assigned to the Vietnam-wide entity.7 determined that an industry in the On December 26, 2012, the The amended weighted-average United States is materially injured by Department published its affirmative dumping margins are provided, below. 5 reason of imports of utility scale wind final determination in this proceeding. towers from the People’s Republic of On December 26, 2012, CS Wind Group Antidumping Duty Order China and Vietnam, one commissioner (‘‘CSWG’’), the respondent in this As noted above, on February 8, 2013, determined that an industry in the investigation, and the Wind Tower in accordance with section 735(d) of the United States is threatened with Trade Coalition (‘‘Petitioner’’) submitted Act, the ITC notified the Department of timely ministerial error allegations and its determination that an industry in the material injury by reason of such requested, pursuant to 19 CFR 351.224, United States is materially injured or imports and further determined that he that the Department correct the alleged threatened with material injury by would not have found material injury ministerial errors in the dumping reason of imports of wind towers from but for the suspension of liquidation, margin calculations. On December 31, Vietnam. Therefore, in accordance with and three commissioners determined 2012, Petitioner submitted timely section 736(a)(1) of the Act, the that an industry in the United States is rebuttal comments. Department will direct U.S. Customs not materially injured or threatened After analyzing all interested party and Border Protection (‘‘CBP’’) to assess, with material injury by reason of such comments and rebuttals, we have upon further instruction by the imports.10 Because the ITC’s determined, in accordance with section Department, antidumping duties equal determination that an industry in the 735(e) of the Act and 19 CFR 351.224(e), to the amount by which the normal United States is materially injured or that we made the following ministerial value of the merchandise exceeds the threatened with material injury is not errors in our calculations for the Final export price (or constructed export accompanied by a finding that material Determination with respect to CSWG: price) of the merchandise, for all injury would have resulted but for the • We unintentionally omitted the relevant entries of wind towers from suspension of liquidation of entries factors of production (‘‘FOPs’’) for steel Vietnam. since the Preliminary Determination, bar, stainless steel pipe, flat-rolled Section 736(b)(1) of the Act the Department determines that the plates and stone grit from the normal establishes a ‘‘general rule’’ that, if the ‘‘general rule’’ of section 736(b)(1) of the value used in the dumping margin ITC, in its final determination, finds ‘‘material injury or threat of material calculation program. 8 See Utility Scale Wind Towers from the Socialist • We unintentionally omitted the injury which, but for the suspension of Republic of Vietnam: Preliminary Determination of FOPs for steel bar, stainless steel pipe liquidation under section 733(d)(2) {of Sales at Less Than Fair Value and Postponement and flat-rolled plates from the the Act} would have led to a finding of of Final Determination, 77 FR 46058 (August 2, calculation of the average surrogate material injury,’’ then entries of the 2012) (‘‘Preliminary Determination’’). 9 Section 736(b)(2) of the Act (‘‘the Department value used as facts available to account subject merchandise, the liquidation of shall release any bonds or other security made, and for the difference between the packed which has been suspended pursuant to refund any cash deposit made * * * with respect weight of a tower and the sum of the the Department’s preliminary to entries of the merchandise entered, or withdrawn { FOPs of such a tower. determination under section 733(d)(2) of from warehouse, for consumption before the date of the publication of the ITC’s affirmative final the Act, shall be subject to the injury determination}’’); see, e.g., Narrow Woven 3 Wind towers are classified under HTSUS imposition of antidumping duties. Ribbons With Woven Selvedge From Taiwan and 7308.20.0020 when imported as a tower or tower Section 736(b)(2) of the Act establishes the People’s Republic of China: Antidumping Duty section(s) alone. a ‘‘special rule’’ that, if the ITC’s final Orders, 75 FR 53632, 53633 (September 1, 2010) 4 Wind towers may also be classified under (where the Department ordered the termination of HTSUS 8502.31.0000 when imported as part of a injury determination is based on the suspension and refund of duties for entries wind turbine (i.e., accompanying nacelles and/or occurring prior to the publication of the ITC’s rotor blades). 6 See Final Determination. affirmative threat determination). 5 See Final Determination. 7 See Ministerial Error Memorandum. 10 See ITC Report.

VerDate Mar<15>2010 20:37 Feb 14, 2013 Jkt 229001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\15FEN1.SGM 15FEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11152 Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Notices

Act does not apply.11 Therefore, in suspend liquidation on all entries of normally deposit estimated duties on accordance with the ‘‘special rule’’ of subject merchandise from Vietnam this subject merchandise, a cash deposit section 736(b)(2) of the Act, the made on or after the date of the for estimated antidumping duties based Department will instruct CBP to publication of the ITC’s final affirmative on the weighted-average dumping terminate the suspension of liquidation determination. The Department will margins. The rate for the Vietnam-wide for entries of wind towers from Vietnam also instruct CBP to require cash entity applies to all combinations of entered, or withdrawn from warehouse, deposits equal to the estimated amount producers and exporters of subject for consumption prior to the publication by which the normal value exceeds the merchandise not specifically listed of the ITC’s final determination and U.S. price as indicated in the chart under the ‘‘Amended Final refund any cash deposit of estimated below. These instructions suspending Determination of Antidumping antidumping duties for these entries. liquidation will remain in effect until Investigation’’ section below. Suspension of Liquidation and further notice. Amended Final Determination of Collection of Cash Deposit Accordingly, effective on the date of Antidumping Investigation In accordance with sections publication of the ITC’s final affirmative 735(c)(1)(B) and 736(b)(2) of the Act, the injury determination, CBP will require, The weighted-average dumping Department will instruct CBP to at the same time as importers would margins are as follows:

Weighted- average Exporter Producer dumping margin (percent)

The CS Wind Group* ...... The CS Wind Group ...... 51.54

Vietnam-Wide Entity** ...... 58.54 * 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 International Trade Commission material injury by reason of imports of antidumping duty order with respect to (‘‘ITC’’), the Department is issuing a wind towers from the PRC.2 wind towers from Vietnam pursuant to countervailing duty order on utility Scope of the Order section 736(a) of the Act. scale wind towers (‘‘wind towers’’) from This order and amended final the People’s Republic of China (‘‘PRC’’). The merchandise covered by this determination are published in order are certain wind towers, whether DATES: accordance with sections 736(a) and Effective Date: February 15, or not tapered, and sections thereof. 735(e) of the Act and 19 CFR 351.211 2013. Certain wind towers are designed to and 351.224(e). FOR FURTHER INFORMATION CONTACT: support the nacelle and rotor blades in Dated: February 12, 2013. Kristen Johnson and Patricia Tran, AD/ a wind turbine with a minimum rated electrical power generation capacity in Paul Piquado, CVD Operations, Office 8, Import Administration, International Trade excess of 100 kilowatts and with a Assistant Secretary for Import minimum height of 50 meters measured Administration. Administration, U.S. Department of Commerce, 14th Street and Constitution from the base of the tower to the bottom [FR Doc. 2013–03725 Filed 2–14–13; 8:45 am] of the nacelle (i.e., where the top of the BILLING CODE 3510–DS–P Avenue NW., Washington, DC 20230; telephone: (202) 482–4793 or (202) 482– tower and nacelle are joined) when fully 1503, respectively. assembled. DEPARTMENT OF COMMERCE A wind tower section consists of, at SUPPLEMENTARY INFORMATION: a minimum, multiple steel plates rolled International Trade Administration Background into cylindrical or conical shapes and welded together (or otherwise attached) [C–570–982] In accordance with sections 705(d) of to form a steel shell, regardless of Utility Scale Wind Towers from the the Tariff Act of 1930, as amended coating, end-finish, painting, treatment, People’s Republic of China: (‘‘Act’’), on December 26, 2012, the or method of manufacture, and with or Countervailing Duty Order Department published the final without flanges, doors, or internal or determination in the countervailing external components (e.g., flooring/ AGENCY: Import Administration, duty investigation of wind towers from decking, ladders, lifts, electrical buss International Trade Administration, the PRC.1 On February 8, 2013, the ITC boxes, electrical cabling, conduit, cable Department of Commerce. notified the Department of its harness for nacelle generator, interior SUMMARY: Based on affirmative final affirmative determination that an lighting, tool and storage lockers) determinations by the Department of industry in the United States is attached to the wind tower section. Commerce (the ‘‘Department’’) and the materially injured or threatened with Several wind tower sections are

11 See MBL (USA) Corp. v. United States, 16 C.I.T. 1 See Utility Scale Wind Towers From the People’s and 731–TA–1195–1196 (Final), USITC Publication 108, 111–114 (1992) (finding that the Act requires Republic of China: Final Affirmative Countervailing 4372 (February 2013) (‘‘ITC Report’’). the Department, when confronted with the same Duty Determination, 77 FR 75978 (December 26, ITC voting pattern as present here, to refund duties 2012). collected prior to the ITC’s publication of its final 2 See Utility Scale Wind Towers from China and injury determination). Vietnam, USITC Investigation Nos. 701–TA–486

VerDate Mar<15>2010 19:09 Feb 14, 2013 Jkt 229001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\15FEN1.SGM 15FEN1 mstockstill on DSK4VPTVN1PROD with NOTICES