• Effective Date: Aug 02, 2012
  • Period Covered: 08/02/2012 to 03/28/2017
  • Cite as: 82 FR 15493 • Cite date: Mar 29, 2017

1. On 3/29/2017, Commerce published in the Federal Register its Notice of Court Decision Not in Harmony With the Final Determination and Amended Final Determination of Less than Fair Value Investigation in the antidumping duty investigation of utility scale wind towers from the Socialist Republic of Vietnam (Timken Notice). In that notice, Commerce announced that based on a calculated weighted-average dumping margin of 0.00 percent, it is hereby excluding merchandise from the following producer/exporter chain from the antidumping duty order:

CS Wind Corporation
Case number: A-552-814-002
Entries may also have been made under A-552-814-001.

CS Wind Vietnam Co., Ltd.
Case number: A-552-814-002
Entries may also have been made under A-552-814-001.

As a result of the litigation however, suspension of liquidation must continue during the pendency of appeals process.

2. Title 19 U.S.C. 1520(a)(4) authorizes refunds prior to liquidation whenever an importer of record declares or it is ascertained that excess duties, fees, charges, or exactions have been deposited or paid. In accordance with 19 U.S.C. 1520(a)(4), CBP is authorized to grant a refund, if requested by the importer, of cash deposits for entries of utility scale wind towers from the Socialist Republic of Vietnam from the entities listed in paragraph 1 below which were entered, or withdrawn from warehouse, for consumption during the period 08/02/2012 (date of preliminary determination in the Federal Register) through 03/28/2017 (day before date of publication of the Timken Notice).

3. The refund amount will be calculated by determining the difference between the amount of cash deposits paid as a result of the application of the final determination rate and the amount due as a result of the application of the rate in the Timken Notice which is 0.00 percent.

4. Do not liquidate entries of utility scale wind towers from the Socialist Republic of Vietnam produced and exported by the entities listed in paragraph 1 above until specific liquidation instructions are issued.

5. The interest provisions of section 778 of the Tariff Act of 1930, as amended, do not apply.

6. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by O4:TT initials.)

7. There are no restrictions on release of this information.

Alexander Amdur