[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Notices]
[Pages 16127-16129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05847]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-627-629 and 731-TA-1458-1461 (Final)]
Utility Scale Wind Towers From Canada, Indonesia, Korea, and
Vietnam; Scheduling of the Final Phase of Countervailing Duty and Anti-
Dumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-627-629 and 731-TA-1458-1461 (Final) pursuant to the Tariff Act
of 1930 (``the Act'') to determine whether an industry in the United
States is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by
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reason of imports of utility scale wind towers from Canada, Indonesia,
Korea, and Vietnam, provided for in subheadings 7308.20.00 and
8502.31.00 of the Harmonized Tariff Schedule of the United States,
preliminarily determined by the Department of Commerce (``Commerce'')
to be subsidized and sold at less-than-fair-value.
DATES: February 14, 2020.
FOR FURTHER INFORMATION CONTACT: Ahdia Bavari ((202) 205-3191), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (https://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.-- For purposes of these investigations, Commerce has defined
the subject merchandise as ``Certain wind towers, whether or not
tapered, and sections thereof. Certain wind towers 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 the nacelle are
joined) when fully assembled.
A wind tower section consists of, at 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.''
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of section 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in Canada, Indonesia, Korea, and Vietnam of utility scale
wind towers, and that such products are being sold in the United States
at less than fair value within the meaning of section 733 of the Act
(19 U.S.C. 1673b). The investigations were requested in petitions filed
on July 9, 2019, by the Wind Tower Trade Coalition (Arcosa Wind Towers
(Dallas, Texas) and Broadwind Towers, Inc. (Manitowoc, Wisconsin)).
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on June 10,
2020, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Thursday,
June 25, 2020, at the U.S. International Trade Commission Building.
Requests to appear at the hearing should be filed in writing with the
Secretary to the Commission on or before June 18, 2020. A nonparty who
has testimony that may aid the Commission's deliberations may request
permission to present a short statement at the hearing. All parties and
nonparties desiring to appear at the hearing and make oral
presentations should participate in a prehearing conference to be held
on June 24, 2020, at the U.S. International Trade Commission Building,
if deemed necessary. Oral testimony and written materials to be
submitted at the public hearing are governed by sections 201.6(b)(2),
201.13(f), and 207.24 of the Commission's rules. Parties must submit
any request to present a portion of their hearing testimony in camera
no later than 7 business days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is June 17, 2020. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is July 2, 2020. In addition, any person who has not entered an
appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before July 2, 2020. On July 23, 2020, the Commission
will make available to parties all information on which they have not
had an opportunity to comment. Parties may submit final comments on
this information on or before July 27, 2020, but such final comments
must not contain new factual information and must otherwise comply with
section 207.30 of the Commission's
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rules. All written submissions must conform with the provisions of
section 201.8 of the Commission's rules; any submissions that contain
BPI must also conform with the requirements of sections 201.6, 207.3,
and 207.7 of the Commission's rules. The Commission's Handbook on
Filing Procedures, available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates
upon the Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.21 of the Commission's rules.
By order of the Commission.
Issued: March 16, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-05847 Filed 3-19-20; 8:45 am]
BILLING CODE 7020-02-P