Federal Register, Volume 85 Issue 39 (Thursday, February 27, 2020)

[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Notices]
[Page 11341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03995]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-825]


Utility Scale Wind Towers From the Socialist Republic of Vietnam: 
Postponement of Final Determination of Sales at Less-Than-Fair-Value 
Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is postponing the 
deadline for issuing the final determination in the less-than-fair-
value (LTFV) investigation of utility scale wind towers (wind towers) 
from the Socialist Republic of Vietnam (Vietnam) until June 29, 2020, 
and is extending the provisional measures from a four-month period to a 
period of not more than six months.

DATES: Applicable February 27, 2020.

FOR FURTHER INFORMATION CONTACT: Joshua A. DeMoss, 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) 482-3362.

SUPPLEMENTARY INFORMATION:

Background

    On August 5, 2019, Commerce initiated an LTFV investigation of 
imports of wind towers from Vietnam.\1\ The period of investigation is 
January 1, 2019 through June 30, 2019. On February 14, 2020, Commerce 
published its Preliminary Determination in this LTFV investigation.\2\
---------------------------------------------------------------------------

    \1\ See Utility Scale Wind Towers from Canada, Indonesia, the 
Republic of Korea, and the Socialist Republic of Vietnam: Initiation 
of Less-Than-Fair-Value Investigations, 84 FR 37992 (August 5, 
2019).
    \2\ See Utility Scale Wind Towers from the Socialist Republic of 
Vietnam: Preliminary Affirmative Determination of Sales at Less-
Than-Fair-Value and Preliminary Affirmative Determination of 
Critical Circumstances, 85 FR 8565 (February 14, 2020) (Preliminary 
Determination).
---------------------------------------------------------------------------

Postponement of Final Determination

    Section 735(a)(2) of the Tariff Act of 1930, as amended (the Act), 
and 19 CFR 351.210(b)(2) provide that a final determination may be 
postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by the exporters or producers who account for a significant 
proportion of exports of the subject merchandise, or in the event of a 
negative preliminary determination, a request for such postponement is 
made by the petitioner. Further, 19 CFR 351.210(e)(2) requires that 
such postponement requests by exporters be accompanied by a request for 
extension of provisional measures from a four-month period to a period 
of not more than six months, in accordance with section 733(d) of the 
Act.
    On February 11, 2020, CS Wind Vietnam Co., Ltd. (CS Wind), the 
mandatory respondent in this investigation, requested that Commerce 
postpone the deadline for the final determination until no later than 
135 days from the publication of the Preliminary Determination, and 
extend the application of the provisional measures from a four-month 
period to a period of not more than six months.\3\ In accordance with 
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: 
(1) The preliminary determination was affirmative; (2) the request was 
made by the exporter and producer who accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination until no later than 135 days after the date of the 
publication of the Preliminary Determination, and extending the 
provisional measures from a four-month period to a period of not more 
than six months. Accordingly, Commerce will issue its final 
determination no later than June 29, 2020.\4\
---------------------------------------------------------------------------

    \3\ See CS Wind's Letter, ``CS Wind's Request to Extend the 
Final Determination: Less Than Fair Value Investigation of Utility 
Scale Wind Towers from Vietnam (A-552-825),'' dated February 11, 
2020.
    \4\ Postponing the final determination to 135 days after the 
publication of the Preliminary Determination would place the 
deadline on Sunday, June 28, 2020. Commerce's practice dictates that 
where a deadline falls on a weekend or federal holiday, the 
appropriate deadline is the next business day. See Notice of 
Clarification: Application of ``Next Business Day'' Rule for 
Administrative Determination Deadlines Pursuant to the Tariff Act of 
1930, As Amended, 70 FR 24533 (May 10, 2005).
---------------------------------------------------------------------------

Notice to Interested Parties

    This notice is issued and published pursuant to section 735(a)(2) 
of the Act and 19 CFR 351.210(g).

    Dated: February 21, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-03995 Filed 2-26-20; 8:45 am]
BILLING CODE 3510-DS-P