2020-03995. Utility Scale Wind Towers From the Socialist Republic of Vietnam: Postponement of Final Determination of Sales at Less-Than-Fair-Value Investigation  

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    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.

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    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.

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    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]

    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]

    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).

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    Dated: February 21, 2020.

    Jeffrey I. Kessler,

    Assistant Secretary for Enforcement and Compliance.

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    Footnotes

    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).

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    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).

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    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.

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    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).

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    [FR Doc. 2020-03995 Filed 2-26-20; 8:45 am]

    BILLING CODE 3510-DS-P

Document Information

Published:
02/27/2020
Department:
International Trade Administration
Entry Type:
Notice
Document Number:
2020-03995
Dates:
Applicable February 27, 2020.
Pages:
11341-11341 (1 pages)
Docket Numbers:
A-552-825
PDF File:
2020-03995.Pdf
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