Utility Scale Wind Towers From India and Malaysia: Initiation of Countervailing Duty Investigations, 73019-73023 [2020-25227]

Download as PDF Federal Register / Vol. 85, No. 221 / Monday, November 16, 2020 / Notices buoyancy elements; rubber components (seals; O-rings; composite sheets); anodes; riser tool components (elastomers; test plugs; cylinders); riser telescopic joint components (packers; sleeves); riser fins; Kevlar® straps for fins; riser joint piping end protectors; stainless steel fasteners (bolts and screws); carbon steel components (nuts; lock washers; washers); riser fins bolt tensioners; hydraulic pipe receptacles; stainless steel hydraulic pipe; carbon steel receptacles (choke and kill line; booster); riser clip connectors; steel pins for peripheral line pipe fittings; drilling riser pipe (welded carbon steel; seamless carbon steel; stainless steel); and, welding wire rods (duty rate ranges from duty-free to 9.0%). The request indicates that certain materials/ components are subject to duties under Section 232 of the Trade Expansion Act of 1962 (Section 232) or Section 301 of the Trade Act of 1974 (Section 301), depending on the country of origin. The applicable Section 232 and Section 301 decisions require subject merchandise to be admitted to FTZs in privileged foreign status (19 CFR 146.41). Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is December 28, 2020. A copy of the notification will be available for public inspection in the ‘‘Reading Room’’ section of the Board’s website, which is accessible via www.trade.gov/ftz. For further information, contact Juanita Chen at juanita.chen@trade.gov or 202–482–1378. Dated: November 9, 2020. Andrew McGilvray, Executive Secretary. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–45–2020] jbell on DSKJLSW7X2PROD with NOTICES Foreign-Trade Zone (FTZ) 26—Atlanta, Georgia; Authorization of Production Activity; Ricoh Electronics, Inc. (Toner Products, Thermal Paper and Film); Lawrenceville and Buford, Georgia On July 13, 2020, Ricoh Electronics, Inc., submitted a notification of proposed production activity to the FTZ Board for its facilities within Subzone 26H, in Lawrenceville and Buford, Georgia. The notification was processed in accordance with the regulations of the 20:13 Nov 13, 2020 Dated: November 10, 2020. Andrew McGilvray, Executive Secretary. [FR Doc. 2020–25198 Filed 11–13–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–898, C–557–822] Utility Scale Wind Towers From India and Malaysia: Initiation of Countervailing Duty Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable November 9, 2020. FOR FURTHER INFORMATION CONTACT: Melissa Kinter at (202) 482–1413 (India) and Nathan James at (202) 482–5305 (Malaysia), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: The Petitions [FR Doc. 2020–25197 Filed 11–13–20; 8:45 am] VerDate Sep<11>2014 FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (85 FR 44040, July 21, 2020). On November 10, 2020, the applicant was notified of the FTZ Board’s decision that no further review of the activity is warranted at this time. The production activity described in the notification, as amended, was authorized, subject to the FTZ Act and the FTZ Board’s regulations, including Section 400.14. Jkt 253001 On September 30, 2020, the U.S. Department of Commerce (Commerce) received countervailing duty (CVD) petitions concerning imports of utility scale wind towers (wind towers) from India and Malaysia, filed in proper form on behalf of the Wind Tower Trade Coalition (the petitioner), the members of which are domestic producers of wind towers.1 The Petitions were accompanied by antidumping duty (AD) petitions concerning imports of wind towers from India, Malaysia and Spain.2 On October 5 and October 6, 2020, Commerce requested supplemental information pertaining to certain aspects 1 See Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties: Utility Scale Wind Towers from India, Malaysia, and Spain,’’ dated September 30, 2020 (the Petitions). The members of the Wind Tower Trade Coalition are Arcosa Wind Towers Inc. and Broadwind Towers, Inc. 2 Id. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 73019 of the Petitions.3 The petitioner filed responses to these requests on October 7 and October 9, 2020.4 On October 7, 2020, Commerce extended the initiation deadline by 20 days to poll the domestic industry in accordance with section 702(c)(4)(D) of the Tariff Act of 1930, as amended (the Act), because the Petitions as filed had ‘‘not established that the domestic producers or workers accounting for more than 50 percent of total production support the Petitions.’’ 5 In accordance with section 702(b)(1) of the Act, the petitioner alleges that the Government of India (GOI) and the Government of Malaysia (GOM) are providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of wind towers in India and Malaysia, and that imports of such products are materially injuring, or threatening material injury to, the domestic industry producing wind towers in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating CVD investigations, the Petitions were accompanied by information reasonably available to the petitioner supporting its allegations. Commerce finds that the petitioner filed the Petitions on behalf of the domestic industry, because the petitioner is an interested party, as defined in sections 771(9)(C) and (E) of the Act. Commerce also finds that the petitioner demonstrated sufficient 3 See Commerce’s Letter, ‘‘Petition for the Imposition of Countervailing Duties on Utility Scale Wind Towers from Malaysia: Supplemental Questions,’’ dated October 5, 2020; Commerce’s Letter, ‘‘Petition for the Imposition of Countervailing Duties on Utility Scale Wind Towers from India: Supplemental Questions,’’ dated October 5, 2020; and Commerce’s Letter, ‘‘Petitions for the Imposition of Antidumping Duties on Imports of Utility Scale Wind Towers from India, Malaysia, and Spain and Countervailing Duties on Imports from India and Malaysia: Supplemental Questions,’’ dated October 6, 2020. 4 See Petitioner’s Letter, ‘‘Utility Scale Wind Towers from India, Malaysia, and Spain: Response to First Supplemental Questions on General Issues and Injury Volume I of the Petition,’’ dated October 7, 2020 (General Issues Supplement); Petitioner’s Letter, ‘‘Utility Scale Wind Towers from India: Response to First Supplemental Questions on India CVD Volume V of the Petition,’’ dated October 9, 2020 (India Supplemental); and Petitioner’s Letter, ‘‘Utility Scale Wind Towers from Malaysia: Response to First Supplemental Questions on Malaysia CVD Volume VI of the Petition,’’ dated October 9, 2020. 5 See Notice of Extension of the Deadline for Determining the Adequacy of the Antidumping and Countervailing Duty Petitions: Utility Scale Wind Towers from India, Malaysia, and Spain, 85 FR 65028 (October 7, 2020) (Initiation Extension Notice). E:\FR\FM\16NON1.SGM 16NON1 73020 Federal Register / Vol. 85, No. 221 / Monday, November 16, 2020 / Notices industry support for the initiation of the requested CVD investigations.6 Periods of Investigation Because the Petitions were filed on September 30, 2020, the period of investigation (POI) for these CVD investigations is January 1, 2019 through December 31, 2019, pursuant to 19 CFR 351.204(b)(2). Scope of the Investigations The products covered by these investigations are wind towers from India and Malaysia. For a full description of the scope of these investigations, see the appendix to this notice. Comments on Scope of the Investigations jbell on DSKJLSW7X2PROD with NOTICES As discussed in the Preamble to Commerce’s regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (i.e., scope).7 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determinations. If scope comments include factual information,8 all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit scope comments by 5:00 p.m. Eastern Time (ET) on November 30, 2020, which is the next business day after 20 calendar days from the signature date of this notice.9 Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on December 10, 2020, which is 10 calendar days from the initial comment deadline. Commerce requests that any factual information the parties consider relevant to the scope of the investigations be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party may contact Commerce and request permission to 6 See ‘‘Determination of Industry Support for the Petitions’’ section, infra. 7 See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997). 8 See 19 CFR 351.102(b)(21) (defining ‘‘factual information.’’). 9 The 20th day falls on Sunday, November 29, 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). VerDate Sep<11>2014 20:13 Nov 13, 2020 Jkt 253001 submit the additional information. All such comments must be filed on the records of each of the concurrent AD and CVD investigations. Filing Requirements All submissions to Commerce must be filed electronically using Enforcement and Compliance’s AD and CVD Centralized Electronic Service System (ACCESS), unless an exception applies.10 An electronically filed document must be received successfully in its entirety by the time and date it is due. Consultations Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce notified the GOI and the GOM of the receipt of the Petitions and provided an opportunity for consultations with respect to the Petitions.11 Commerce held consultations with the GOI and the GOM on October 16, 2020.12 Determination of Industry Support for the Petitions Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for 10 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce’s electronic filing requirements, effective August 5, 2011. Information on using ACCESS can be found at https://access.trade.gov/ help.aspx and a handbook can be found at https:// access.trade.gov/help/Handbook %20on%20Electronic%20Filling %20Procedures.pdf. 11 See Commerce’s Letter, ‘‘Utility Scale Wind Towers from India: Invitation for Consultation to Discuss the Countervailing Duty Petition,’’ dated October 1, 2020; and Commerce’s Letter, ‘‘Countervailing Duty Petition on Utility Scale Wind Towers from Malaysia: Invitation for Consultations to Discuss the Countervailing Duty Petition,’’ dated October 2, 2020. 12 See Memorandum, ‘‘Utility Scale Wind Towers from India: Government of India Consultations,’’ dated October 16, 2020; and Memorandum, ‘‘Consultations with the Government of Malaysia on the Countervailing Duty Petition Regarding Utility Scale Wind Towers from Malaysia,’’ dated October 20, 2020. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 more than 50 percent of the total production of the domestic like product, Commerce shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically-valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,13 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.14 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the investigations.15 Based on our analysis of the information submitted on the record, we have determined that wind towers, as defined in the scope, constitute a single domestic like product, and we have analyzed industry support in terms of that domestic like product.16 13 See section 771(10) of the Act. USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d 865 F. 2d 240 (Fed. Cir. 1989)). 15 See Volume I of the Petitions at 19–21; see also General Issues Supplement at Exhibit I-Supp-1. 16 For a discussion of the domestic like product analysis as applied to these cases and information regarding industry support, see Countervailing Duty Investigation Initiation Checklists: Utility Scale 14 See E:\FR\FM\16NON1.SGM 16NON1 Federal Register / Vol. 85, No. 221 / Monday, November 16, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES Based on information provided in the Petitions, the supporters of the Petitions did not account for more than 50 percent of total production of the domestic like product in 2019. Therefore, on October 7, 2020, Commerce extended the initiation deadline by 20 days to poll the domestic industry in accordance with section 702(c)(4)(D) of the Act.17 On October 8, 2020, we issued polling questionnaires to all known producers of wind towers identified in the Petitions.18 We requested that each company complete the polling questionnaire and certify its response by the due date specified in the cover letter to the questionnaire.19 We received responses to these questionnaires on October 20, 2020.20 The petitioner provided comments on the polling questionnaire responses on October 26, 2020.21 Section 702(c)(4)(B) of the Act states that: (i) Commerce ‘‘shall disregard the position of domestic producers who oppose the petition if such producers are related to foreign producers, as defined in section 771(4)(B)(ii), unless such domestic producers demonstrate that their interests as domestic producers would be adversely affected by the imposition of a {CVD}order;’’ and (ii) Commerce ‘‘may disregard the position of domestic producers of a domestic like product who are importers of the subject merchandise.’’ In addition, 19 CFR 351.203(e)(4) states that the position of a domestic producer that opposes the petition: (i) Will be disregarded if such producer ‘‘is related to a foreign producer or to a foreign exporter under section 771(4)(B)(ii) of the Act, unless such domestic producer demonstrates to the Secretary’s Wind Towers from India and Malaysia, dated November 9, 2020 (Country-Specific CVD Initiation Checklists) at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Utility Scale Wind Towers from India, Malaysia, and Spain. These checklists are dated concurrently with this notice and on file electronically via ACCESS. 17 See Initiation Extension Notice; see also Attachment II of the Country-Specific CVD Initiation Checklists. 18 See Memorandum, ‘‘Utility Scale Wind Towers from India, Malaysia, and Spain: Polling Questionnaire,’’ dated October 8, 2020; see also Volume I of the Petitions at 2 and Exhibits I–1 and I–2. 19 For a detailed discussion of the responses received, see Attachment II of the Country-Specific CVD Initiation Checklists. The polling questionnaire and questionnaire responses are on file electronically via ACCESS. 20 Id. 21 See Petitioner’s Letter, ‘‘Utility Scale Wind Towers from India, Malaysia, and Spain: Petitioner’s Comments Regarding the Responses to the Polling Questionnaire and Industry Support,’’ dated October 26, 2020. VerDate Sep<11>2014 20:13 Nov 13, 2020 Jkt 253001 satisfaction that its interests as a domestic producer would be adversely affected by the imposition’’ of a CVD order; and (ii) may be disregarded if the producer ‘‘is an importer of the subject merchandise, or is related to such an importer, under section 771(4)(B)(ii) of the Act.’’ We received opposition to the Petitions from producers that are related to foreign producers of subject merchandise and/or who imported subject merchandise from the subject countries. We have analyzed the information provided in the polling questionnaire responses and other submissions to Commerce. Based on our analysis, we disregarded opposition to certain Petitions, pursuant to section 702(c)(4)(B) of the Act. When such opposition is disregarded in those cases, the industry support requirements of section 702(c)(4)(A) of the Act are satisfied.22 Accordingly, Commerce determines that the industry support requirements of section 702(c)(4)(A) of the Act have been met and that the Petitions were filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act.23 Injury Test Because India and Malaysia are ‘‘Subsidies Agreement Countries’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to these investigations. Accordingly, the ITC must determine whether imports of the subject merchandise from India and/or Malaysia materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioner alleges that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.24 The petitioner contends that the industry’s injured condition is illustrated by a significant and increasing absolute and relative volume of subject imports; underselling and price depression or suppression; declining financial performance; declining production, U.S. shipments, 22 See Attachment II of the Country-Specific CVD Initiation Checklists. 23 Id. 24 See Volume I of the Petitions at 27–28 and Exhibit I–18. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 73021 and capacity utilization; negative impact on employment variables; and lost sales and revenues.25 We assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, as well as negligibility, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.26 Initiation of CVD Investigations Based upon the examination of the Petitions and supplemental responses, we find that they meet the requirements of section 702 of the Act. Therefore, we are initiating CVD investigations to determine whether imports of wind towers from India and Malaysia benefit from countervailable subsidies conferred by the GOI and the GOM, respectively. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determinations no later than 65 days after the date of these initiations. India Based on our review of the Petitions, we find that there is sufficient information to initiate a CVD investigation on 69 of the 78 alleged programs. For a full discussion of the basis for our decision to initiate on each program, see India CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. Malaysia Based on our review of the Petitions, we find that there is sufficient information to initiate a CVD investigation on seven of the 10 alleged programs. For a full discussion of the basis for our decision to initiate on each program, see Malaysia CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. Respondent Selection In the Petitions, the petitioner named five companies in India and one company in Malaysia as producers/ exporters of wind towers.27 Commerce intends to follow its standard practice in CVD investigations and calculate 25 Id. at 18–19, 22–42 and Exhibits I–3, I–5, I–6, I–18, I–20, I–21, and I–23 through I–25. 26 See Country-Specific CVD Initiation Checklists at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Utility Scale Wind Towers from India, Malaysia, and Spain (Attachment III). 27 See Volume I of the Petitions at Exhibit I–17; and India Supplemental at Exhibit V-Supp-1. E:\FR\FM\16NON1.SGM 16NON1 73022 Federal Register / Vol. 85, No. 221 / Monday, November 16, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES company-specific subsidy rates in this investigation. Regarding India, in the event Commerce determines that the number of Indian producers/exporters is large and it cannot individually examine each company based upon Commerce’s resources, Commerce intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of wind towers from India during the POI under the appropriate Harmonized Tariff Schedule of the United States numbers listed in the ‘‘Scope of the Investigations,’’ in the appendix. On November 2, 2020, Commerce released CBP data for U.S. imports of wind towers from India, as well as for the companion CVD investigation for Malaysia, under Administrative Protective Order (APO) to all parties with access to information protected by APO.28 Regarding Malaysia, in the Petitions, the petitioner named only one company as a producer/exporter of wind towers in Malaysia, CS Wind Malaysia Sdn Bhd (CS Wind Malaysia).29 Furthermore, the CBP import data placed on the record of the proceeding corroborates the identification of CS Wind Malaysia as the sole producer/exporter in the foreign market,30 and we currently know of no additional producers/exporters of subject merchandise from Malaysia. Accordingly, Commerce intends to examine all known producers/exporters in this investigation (i.e., CS Wind Malaysia), and will issue the initial countervailing duty questionnaire to the GOM and CS Wind Malaysia. If comments are received that create a need for a respondent selection process, we intend to finalize our decisions regarding respondent selection within 20 days of publication of this notice. In the India CBP Memo and the Malaysia CBP Memo, we indicated that interested parties wishing to comment on the CBP data and/or respondent selection must do so within three business days of the publication date of the notice of initiation of these CVD 28 See Memorandum, ‘‘Antidumping Duty Petition on Utility Scale Wind Towers from Malaysia: Release of Customs Data from U.S. Customs and Border Protection,’’ dated November 2, 2020 (Malaysia CBP Data Memo); and Memorandum, ‘‘Antidumping Duty Petition on Utility Scale Wind Towers from India: Release of Customs Data from U.S. Customs and Border Protection,’’ dated November 2, 2020 (India CBP Data Memo). Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on Commerce’s website at https:// enforcement.trade.gov/apo. 29 See Volume I of the Petitions at Exhibit I–17. 30 See Malaysia CBP Data Memo. VerDate Sep<11>2014 20:13 Nov 13, 2020 Jkt 253001 investigations.31 Comments on CBP data and respondent selection must be filed electronically using ACCESS. An electronically filed document must be received successfully, in its entirety, via ACCESS by 5:00 p.m. ET on the specified deadline. Commerce will not accept rebuttal comments regarding the CBP data or respondent selection. Distribution of Copies of the Petitions In accordance with section 702(b)(4)(A) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petitions has been provided to the GOI and GOM via ACCESS. Furthermore, to the extent practicable, Commerce will attempt to provide a copy of the public version of the Petitions to each exporter named in the Petitions, as provided under 19 CFR 351.203(c)(2). ITC Notification Commerce will notify the ITC of its initiation, as required by section 702(d) of the Act. Preliminary Determinations by the ITC Typically, the ITC will preliminarily determine, within 45 days after the date on which the Petitions were filed, whether there is a reasonable indication that subject imports are materially injuring or threatening material injury to a U.S. industry.32 Here, due to Commerce’s extension of time to conduct polling and analyze industry support for the Petitions, the ITC has extended the time for issuance of its preliminary determination.33 The ITC’s preliminary determination is now due on December 4, 2020.34 A negative ITC determination for any country will result in the investigation being terminated with respect to that country.35 Otherwise, these CVD investigations will proceed according to the statutory and regulatory time limits. Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available 31 See India CBP Data Memo and Malaysia CBP Data Memo. 32 See section 733(a) of the Act; see also Utility Scale Wind Towers from India, Malaysia, and Spain; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations, 85 FR 63137 (October 6, 2020). 33 See Utility Scale Wind Towers From India, Malaysia, and Spain Revised Schedule for the Subject Investigations, 85 FR 67372 (October 22, 2020). 34 Id. 35 Id. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)–(iv). Section 351.301(b) of Commerce’s regulations requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 36 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.37 Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in these investigations. Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, Commerce will inform parties in a letter or memorandum of the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; Commerce will grant untimely filed requests for the extension of time limits only in limited cases where we determine, based on 19 CFR 351.302, that extraordinary circumstances exist. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/ pkg/FR-2013-09-20/html/201322853.htm, prior to submitting extension requests or factual information in these investigations. 36 See 37 See E:\FR\FM\16NON1.SGM 19 CFR 351.301(b). 19 CFR 351.301(b)(2). 16NON1 Federal Register / Vol. 85, No. 221 / Monday, November 16, 2020 / Notices Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.38 Parties must use the certification formats provided in 19 CFR 351.303(g).39 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. Parties wishing to participate in these investigations should ensure that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing the required letters of appearance). Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information until further notice.40 This notice is issued and published pursuant to sections 702 and 777(i) of the Act and 19 CFR 351.203(c). Dated: November 9, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–25227 Filed 11–13–20; 8:45 am] BILLING CODE 3510–DS–P Appendix Scope of the Investigations The merchandise covered by these investigations consists of 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 nacelle are joined) when fully assembled. A wind tower section consists of, at a 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, 38 See section 782(b) of the Act. Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked questions regarding the Final Rule, available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 40 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). jbell on DSKJLSW7X2PROD with NOTICES 39 See VerDate Sep<11>2014 20:13 Nov 13, 2020 Jkt 253001 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. Wind towers and sections thereof are included within the scope whether or not they are joined with nonsubject merchandise, such as nacelles or rotor blades, and whether or not they have internal or external components attached to the subject merchandise. Specifically excluded from the scope are nacelles and rotor blades, regardless of whether they are attached to the wind tower. Also excluded are any internal or external components which are not attached to the wind towers or sections thereof, unless those components are shipped with the tower sections. Merchandise covered by these investigations is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheading 7308.20.0020 or 8502.31.0000. Wind towers of iron or steel are classified under HTSUS 7308.20.0020 when imported separately as a tower or tower section(s). Wind towers may be classified under HTSUS 8502.31.0000 when imported as combination goods with a wind turbine (i.e., accompanying nacelles and/or rotor blades). While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these investigations is dispositive. DEPARTMENT OF COMMERCE International Trade Administration [A–533–897, A–557–821, A–469–823] Utility Scale Wind Towers From India, Malaysia, and Spain: Initiation of LessThan-Fair-Value Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: DATES: Applicable November 9, 2020. FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova at (202) 482– 1280 (India); Justin Neuman at (202) 482–0468 (Malaysia); and Benito Ballesteros at (202) 482–7425 (Spain); AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: The Petitions On September 30, 2020, the Department of Commerce (Commerce) received antidumping duty (AD) petitions concerning imports of utility scale wind towers (wind towers) from India, Malaysia, and Spain, filed in proper form on behalf of the Wind PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 73023 Tower Trade Coalition (the petitioner), the members of which are domestic producers of wind towers.1 The Petitions were accompanied by countervailing duty (CVD) petitions concerning imports of wind towers from India and Malaysia.2 During the period October 5 through 20, 2020, Commerce requested supplemental information pertaining to certain aspects of the Petitions in separate supplemental questionnaires.3 The petitioner filed responses to the supplemental questionnaires between October 7 and October 21, 2020.4 On October 7, 2020, Commerce extended the initiation deadline by 20 days to poll the domestic industry in accordance with section 732(c)(4)(D) of the Tariff Act of 1930, as amended (the Act), because ‘‘the Petitions have not established that the domestic producers or workers accounting for more than 50 percent of total production support the Petitions.’’ 5 1 See Petitioner’s Letter, ‘‘Utility Scale Wind Towers from India, Malaysia and Spain: Petitions for the Imposition of Antidumping and Countervailing Duties,’’ dated September 30, 2020 (collectively, the Petitions). The members of the Wind Tower Trade Coalition are Arcosa Wind Towers Inc. and Broadwind Towers, Inc. 2 Id. 3 See Commerce’s Letters, ‘‘Petitions for the Imposition of Antidumping Duties on Imports of Utility Scale Wind Towers from India, Malaysia and Spain and Countervailing Duties on Imports from India and Malaysia: Supplemental Questions,’’ dated October 5, 2020); see also Country-Specific Supplemental Questionnaires: India Supplemental, Malaysia Supplemental, and Spain Supplemental, dated October 5, 2020; and Memoranda, ‘‘Phone Call with Counsel to the Petitioner,’’ dated October 16 and 20, 2020. 4 See Petitioner’s Letter, ‘‘Utility Scale Wind Towers from India, Malaysia and Spain: Response to First Supplemental Questions on General Issues and Injury Volume I of the Petition,’’ dated October 7, 2020 (General Issues Supplement); see also Petitioner’s Letters, ‘‘Utility Scale Wind Towers from India: Response to First Supplemental Questions on India AD Volume II of the Petition,’’ dated October 9, 2020; ‘‘Utility Scale Wind Towers from Malaysia: Response to First Supplemental Questions on Malaysia AD Volume III of the Petition,’’ dated October 9, 2020; and ‘‘Utility Scale Wind Towers from Spain: Response to First Supplemental Questions on Spain AD Volume IV of the Petition,’’ dated October 9, 2020; Petitioner’s Letters, ‘‘Utility Scale Wind Towers from India: Response to Second Supplemental Questions on India AD Volume II of the Petitions,’’ dated October 19, 2020; and ‘‘Utility Scale Wind Towers from Malaysia: Response to Second Supplemental Questions on Malaysia AD Volume III of the Petitions,’’ dated October 19, 2020; and Petitioner’s Letters, ‘‘Utility Scale Wind Towers from India: Response to Request for Clarification on India Volume II of the Petition,’’ dated October 21, 2020; and ‘‘Utility Scale Wind Towers from Malaysia: Response to Request for Clarification on Malaysia Volume III of the Petition,’’ dated October 21, 2020. 5 See Notice of Extension of the Deadline for Determining the Adequacy of the Antidumping and Countervailing Duty Petitions: Utility Scale Wind Towers from India, Malaysia, and Spain, 85 FR E:\FR\FM\16NON1.SGM Continued 16NON1

Agencies

[Federal Register Volume 85, Number 221 (Monday, November 16, 2020)]
[Notices]
[Pages 73019-73023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25227]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-898, C-557-822]


Utility Scale Wind Towers From India and Malaysia: Initiation of 
Countervailing Duty Investigations

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

DATES: Applicable November 9, 2020.

FOR FURTHER INFORMATION CONTACT: Melissa Kinter at (202) 482-1413 
(India) and Nathan James at (202) 482-5305 (Malaysia), AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petitions

    On September 30, 2020, the U.S. Department of Commerce (Commerce) 
received countervailing duty (CVD) petitions concerning imports of 
utility scale wind towers (wind towers) from India and Malaysia, filed 
in proper form on behalf of the Wind Tower Trade Coalition (the 
petitioner), the members of which are domestic producers of wind 
towers.\1\ The Petitions were accompanied by antidumping duty (AD) 
petitions concerning imports of wind towers from India, Malaysia and 
Spain.\2\
---------------------------------------------------------------------------

    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties: Utility Scale Wind Towers 
from India, Malaysia, and Spain,'' dated September 30, 2020 (the 
Petitions). The members of the Wind Tower Trade Coalition are Arcosa 
Wind Towers Inc. and Broadwind Towers, Inc.
    \2\ Id.
---------------------------------------------------------------------------

    On October 5 and October 6, 2020, Commerce requested supplemental 
information pertaining to certain aspects of the Petitions.\3\ The 
petitioner filed responses to these requests on October 7 and October 
9, 2020.\4\
---------------------------------------------------------------------------

    \3\ See Commerce's Letter, ``Petition for the Imposition of 
Countervailing Duties on Utility Scale Wind Towers from Malaysia: 
Supplemental Questions,'' dated October 5, 2020; Commerce's Letter, 
``Petition for the Imposition of Countervailing Duties on Utility 
Scale Wind Towers from India: Supplemental Questions,'' dated 
October 5, 2020; and Commerce's Letter, ``Petitions for the 
Imposition of Antidumping Duties on Imports of Utility Scale Wind 
Towers from India, Malaysia, and Spain and Countervailing Duties on 
Imports from India and Malaysia: Supplemental Questions,'' dated 
October 6, 2020.
    \4\ See Petitioner's Letter, ``Utility Scale Wind Towers from 
India, Malaysia, and Spain: Response to First Supplemental Questions 
on General Issues and Injury Volume I of the Petition,'' dated 
October 7, 2020 (General Issues Supplement); Petitioner's Letter, 
``Utility Scale Wind Towers from India: Response to First 
Supplemental Questions on India CVD Volume V of the Petition,'' 
dated October 9, 2020 (India Supplemental); and Petitioner's Letter, 
``Utility Scale Wind Towers from Malaysia: Response to First 
Supplemental Questions on Malaysia CVD Volume VI of the Petition,'' 
dated October 9, 2020.
---------------------------------------------------------------------------

    On October 7, 2020, Commerce extended the initiation deadline by 20 
days to poll the domestic industry in accordance with section 
702(c)(4)(D) of the Tariff Act of 1930, as amended (the Act), because 
the Petitions as filed had ``not established that the domestic 
producers or workers accounting for more than 50 percent of total 
production support the Petitions.'' \5\
---------------------------------------------------------------------------

    \5\ See Notice of Extension of the Deadline for Determining the 
Adequacy of the Antidumping and Countervailing Duty Petitions: 
Utility Scale Wind Towers from India, Malaysia, and Spain, 85 FR 
65028 (October 7, 2020) (Initiation Extension Notice).
---------------------------------------------------------------------------

    In accordance with section 702(b)(1) of the Act, the petitioner 
alleges that the Government of India (GOI) and the Government of 
Malaysia (GOM) are providing countervailable subsidies, within the 
meaning of sections 701 and 771(5) of the Act, to producers of wind 
towers in India and Malaysia, and that imports of such products are 
materially injuring, or threatening material injury to, the domestic 
industry producing wind towers in the United States. Consistent with 
section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged 
programs on which we are initiating CVD investigations, the Petitions 
were accompanied by information reasonably available to the petitioner 
supporting its allegations.
    Commerce finds that the petitioner filed the Petitions on behalf of 
the domestic industry, because the petitioner is an interested party, 
as defined in sections 771(9)(C) and (E) of the Act. Commerce also 
finds that the petitioner demonstrated sufficient

[[Page 73020]]

industry support for the initiation of the requested CVD 
investigations.\6\
---------------------------------------------------------------------------

    \6\ See ``Determination of Industry Support for the Petitions'' 
section, infra.
---------------------------------------------------------------------------

Periods of Investigation

    Because the Petitions were filed on September 30, 2020, the period 
of investigation (POI) for these CVD investigations is January 1, 2019 
through December 31, 2019, pursuant to 19 CFR 351.204(b)(2).

Scope of the Investigations

    The products covered by these investigations are wind towers from 
India and Malaysia. For a full description of the scope of these 
investigations, see the appendix to this notice.

Comments on Scope of the Investigations

    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\7\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information,\8\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit scope comments by 5:00 p.m. Eastern Time 
(ET) on November 30, 2020, which is the next business day after 20 
calendar days from the signature date of this notice.\9\ Any rebuttal 
comments, which may include factual information, must be filed by 5:00 
p.m. ET on December 10, 2020, which is 10 calendar days from the 
initial comment deadline.
---------------------------------------------------------------------------

    \7\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \8\ See 19 CFR 351.102(b)(21) (defining ``factual 
information.'').
    \9\ The 20th day falls on Sunday, November 29, 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).
---------------------------------------------------------------------------

    Commerce requests that any factual information the parties consider 
relevant to the scope of the investigations be submitted during this 
time period. However, if a party subsequently finds that additional 
factual information pertaining to the scope of the investigations may 
be relevant, the party may contact Commerce and request permission to 
submit the additional information. All such comments must be filed on 
the records of each of the concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's AD and CVD Centralized Electronic Service 
System (ACCESS), unless an exception applies.\10\ An electronically 
filed document must be received successfully in its entirety by the 
time and date it is due.
---------------------------------------------------------------------------

    \10\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------

Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the GOI and the GOM of the receipt of the Petitions and 
provided an opportunity for consultations with respect to the 
Petitions.\11\ Commerce held consultations with the GOI and the GOM on 
October 16, 2020.\12\
---------------------------------------------------------------------------

    \11\ See Commerce's Letter, ``Utility Scale Wind Towers from 
India: Invitation for Consultation to Discuss the Countervailing 
Duty Petition,'' dated October 1, 2020; and Commerce's Letter, 
``Countervailing Duty Petition on Utility Scale Wind Towers from 
Malaysia: Invitation for Consultations to Discuss the Countervailing 
Duty Petition,'' dated October 2, 2020.
    \12\ See Memorandum, ``Utility Scale Wind Towers from India: 
Government of India Consultations,'' dated October 16, 2020; and 
Memorandum, ``Consultations with the Government of Malaysia on the 
Countervailing Duty Petition Regarding Utility Scale Wind Towers 
from Malaysia,'' dated October 20, 2020.
---------------------------------------------------------------------------

Determination of Industry Support for the Petitions

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically-valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\13\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\14\
---------------------------------------------------------------------------

    \13\ See section 771(10) of the Act.
    \14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F. 2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\15\ Based on our analysis of the information 
submitted on the record, we have determined that wind towers, as 
defined in the scope, constitute a single domestic like product, and we 
have analyzed industry support in terms of that domestic like 
product.\16\
---------------------------------------------------------------------------

    \15\ See Volume I of the Petitions at 19-21; see also General 
Issues Supplement at Exhibit I-Supp-1.
    \16\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Countervailing Duty Investigation Initiation Checklists: Utility 
Scale Wind Towers from India and Malaysia, dated November 9, 2020 
(Country-Specific CVD Initiation Checklists) at Attachment II, 
Analysis of Industry Support for the Antidumping and Countervailing 
Duty Petitions Covering Utility Scale Wind Towers from India, 
Malaysia, and Spain. These checklists are dated concurrently with 
this notice and on file electronically via ACCESS.

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

[[Page 73021]]

    Based on information provided in the Petitions, the supporters of 
the Petitions did not account for more than 50 percent of total 
production of the domestic like product in 2019. Therefore, on October 
7, 2020, Commerce extended the initiation deadline by 20 days to poll 
the domestic industry in accordance with section 702(c)(4)(D) of the 
Act.\17\
---------------------------------------------------------------------------

    \17\ See Initiation Extension Notice; see also Attachment II of 
the Country-Specific CVD Initiation Checklists.
---------------------------------------------------------------------------

    On October 8, 2020, we issued polling questionnaires to all known 
producers of wind towers identified in the Petitions.\18\ We requested 
that each company complete the polling questionnaire and certify its 
response by the due date specified in the cover letter to the 
questionnaire.\19\ We received responses to these questionnaires on 
October 20, 2020.\20\ The petitioner provided comments on the polling 
questionnaire responses on October 26, 2020.\21\
---------------------------------------------------------------------------

    \18\ See Memorandum, ``Utility Scale Wind Towers from India, 
Malaysia, and Spain: Polling Questionnaire,'' dated October 8, 2020; 
see also Volume I of the Petitions at 2 and Exhibits I-1 and I-2.
    \19\ For a detailed discussion of the responses received, see 
Attachment II of the Country-Specific CVD Initiation Checklists. The 
polling questionnaire and questionnaire responses are on file 
electronically via ACCESS.
    \20\ Id.
    \21\ See Petitioner's Letter, ``Utility Scale Wind Towers from 
India, Malaysia, and Spain: Petitioner's Comments Regarding the 
Responses to the Polling Questionnaire and Industry Support,'' dated 
October 26, 2020.
---------------------------------------------------------------------------

    Section 702(c)(4)(B) of the Act states that: (i) Commerce ``shall 
disregard the position of domestic producers who oppose the petition if 
such producers are related to foreign producers, as defined in section 
771(4)(B)(ii), unless such domestic producers demonstrate that their 
interests as domestic producers would be adversely affected by the 
imposition of a {CVD{time} order;'' and (ii) Commerce ``may disregard 
the position of domestic producers of a domestic like product who are 
importers of the subject merchandise.'' In addition, 19 CFR 
351.203(e)(4) states that the position of a domestic producer that 
opposes the petition: (i) Will be disregarded if such producer ``is 
related to a foreign producer or to a foreign exporter under section 
771(4)(B)(ii) of the Act, unless such domestic producer demonstrates to 
the Secretary's satisfaction that its interests as a domestic producer 
would be adversely affected by the imposition'' of a CVD order; and 
(ii) may be disregarded if the producer ``is an importer of the subject 
merchandise, or is related to such an importer, under section 
771(4)(B)(ii) of the Act.''
    We received opposition to the Petitions from producers that are 
related to foreign producers of subject merchandise and/or who imported 
subject merchandise from the subject countries. We have analyzed the 
information provided in the polling questionnaire responses and other 
submissions to Commerce. Based on our analysis, we disregarded 
opposition to certain Petitions, pursuant to section 702(c)(4)(B) of 
the Act. When such opposition is disregarded in those cases, the 
industry support requirements of section 702(c)(4)(A) of the Act are 
satisfied.\22\
---------------------------------------------------------------------------

    \22\ See Attachment II of the Country-Specific CVD Initiation 
Checklists.
---------------------------------------------------------------------------

    Accordingly, Commerce determines that the industry support 
requirements of section 702(c)(4)(A) of the Act have been met and that 
the Petitions were filed on behalf of the domestic industry within the 
meaning of section 702(b)(1) of the Act.\23\
---------------------------------------------------------------------------

    \23\ Id.
---------------------------------------------------------------------------

Injury Test

    Because India and Malaysia are ``Subsidies Agreement Countries'' 
within the meaning of section 701(b) of the Act, section 701(a)(2) of 
the Act applies to these investigations. Accordingly, the ITC must 
determine whether imports of the subject merchandise from India and/or 
Malaysia materially injure, or threaten material injury to, a U.S. 
industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports exceed the negligibility threshold 
provided for under section 771(24)(A) of the Act.\24\
---------------------------------------------------------------------------

    \24\ See Volume I of the Petitions at 27-28 and Exhibit I-18.
---------------------------------------------------------------------------

    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing absolute and relative 
volume of subject imports; underselling and price depression or 
suppression; declining financial performance; declining production, 
U.S. shipments, and capacity utilization; negative impact on employment 
variables; and lost sales and revenues.\25\ We assessed the allegations 
and supporting evidence regarding material injury, threat of material 
injury, causation, as well as negligibility, and we have determined 
that these allegations are properly supported by adequate evidence, and 
meet the statutory requirements for initiation.\26\
---------------------------------------------------------------------------

    \25\ Id. at 18-19, 22-42 and Exhibits I-3, I-5, I-6, I-18, I-20, 
I-21, and I-23 through I-25.
    \26\ See Country-Specific CVD Initiation Checklists at 
Attachment III, Analysis of Allegations and Evidence of Material 
Injury and Causation for the Antidumping and Countervailing Duty 
Petitions Covering Utility Scale Wind Towers from India, Malaysia, 
and Spain (Attachment III).
---------------------------------------------------------------------------

Initiation of CVD Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 702 of 
the Act. Therefore, we are initiating CVD investigations to determine 
whether imports of wind towers from India and Malaysia benefit from 
countervailable subsidies conferred by the GOI and the GOM, 
respectively. In accordance with section 703(b)(1) of the Act and 19 
CFR 351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 65 days after the date of these 
initiations.

India

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on 69 of the 78 
alleged programs. For a full discussion of the basis for our decision 
to initiate on each program, see India CVD Initiation Checklist. A 
public version of the initiation checklist for this investigation is 
available on ACCESS.

Malaysia

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on seven of the 
10 alleged programs. For a full discussion of the basis for our 
decision to initiate on each program, see Malaysia CVD Initiation 
Checklist. A public version of the initiation checklist for this 
investigation is available on ACCESS.

Respondent Selection

    In the Petitions, the petitioner named five companies in India and 
one company in Malaysia as producers/exporters of wind towers.\27\ 
Commerce intends to follow its standard practice in CVD investigations 
and calculate

[[Page 73022]]

company-specific subsidy rates in this investigation.
---------------------------------------------------------------------------

    \27\ See Volume I of the Petitions at Exhibit I-17; and India 
Supplemental at Exhibit V-Supp-1.
---------------------------------------------------------------------------

    Regarding India, in the event Commerce determines that the number 
of Indian producers/exporters is large and it cannot individually 
examine each company based upon Commerce's resources, Commerce intends 
to select respondents based on U.S. Customs and Border Protection (CBP) 
data for U.S. imports of wind towers from India during the POI under 
the appropriate Harmonized Tariff Schedule of the United States numbers 
listed in the ``Scope of the Investigations,'' in the appendix. On 
November 2, 2020, Commerce released CBP data for U.S. imports of wind 
towers from India, as well as for the companion CVD investigation for 
Malaysia, under Administrative Protective Order (APO) to all parties 
with access to information protected by APO.\28\
---------------------------------------------------------------------------

    \28\ See Memorandum, ``Antidumping Duty Petition on Utility 
Scale Wind Towers from Malaysia: Release of Customs Data from U.S. 
Customs and Border Protection,'' dated November 2, 2020 (Malaysia 
CBP Data Memo); and Memorandum, ``Antidumping Duty Petition on 
Utility Scale Wind Towers from India: Release of Customs Data from 
U.S. Customs and Border Protection,'' dated November 2, 2020 (India 
CBP Data Memo). Interested parties must submit applications for 
disclosure under APO in accordance with 19 CFR 351.305(b). 
Instructions for filing such applications may be found on Commerce's 
website at https://enforcement.trade.gov/apo.
---------------------------------------------------------------------------

    Regarding Malaysia, in the Petitions, the petitioner named only one 
company as a producer/exporter of wind towers in Malaysia, CS Wind 
Malaysia Sdn Bhd (CS Wind Malaysia).\29\ Furthermore, the CBP import 
data placed on the record of the proceeding corroborates the 
identification of CS Wind Malaysia as the sole producer/exporter in the 
foreign market,\30\ and we currently know of no additional producers/
exporters of subject merchandise from Malaysia. Accordingly, Commerce 
intends to examine all known producers/exporters in this investigation 
(i.e., CS Wind Malaysia), and will issue the initial countervailing 
duty questionnaire to the GOM and CS Wind Malaysia. If comments are 
received that create a need for a respondent selection process, we 
intend to finalize our decisions regarding respondent selection within 
20 days of publication of this notice.
---------------------------------------------------------------------------

    \29\ See Volume I of the Petitions at Exhibit I-17.
    \30\ See Malaysia CBP Data Memo.
---------------------------------------------------------------------------

    In the India CBP Memo and the Malaysia CBP Memo, we indicated that 
interested parties wishing to comment on the CBP data and/or respondent 
selection must do so within three business days of the publication date 
of the notice of initiation of these CVD investigations.\31\ Comments 
on CBP data and respondent selection must be filed electronically using 
ACCESS. An electronically filed document must be received successfully, 
in its entirety, via ACCESS by 5:00 p.m. ET on the specified deadline. 
Commerce will not accept rebuttal comments regarding the CBP data or 
respondent selection.
---------------------------------------------------------------------------

    \31\ See India CBP Data Memo and Malaysia CBP Data Memo.
---------------------------------------------------------------------------

Distribution of Copies of the Petitions

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petitions has been 
provided to the GOI and GOM via ACCESS. Furthermore, to the extent 
practicable, Commerce will attempt to provide a copy of the public 
version of the Petitions to each exporter named in the Petitions, as 
provided under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 702(d) of the Act.

Preliminary Determinations by the ITC

    Typically, the ITC will preliminarily determine, within 45 days 
after the date on which the Petitions were filed, whether there is a 
reasonable indication that subject imports are materially injuring or 
threatening material injury to a U.S. industry.\32\ Here, due to 
Commerce's extension of time to conduct polling and analyze industry 
support for the Petitions, the ITC has extended the time for issuance 
of its preliminary determination.\33\ The ITC's preliminary 
determination is now due on December 4, 2020.\34\
---------------------------------------------------------------------------

    \32\ See section 733(a) of the Act; see also Utility Scale Wind 
Towers from India, Malaysia, and Spain; Institution of Anti-Dumping 
and Countervailing Duty Investigations and Scheduling of Preliminary 
Phase Investigations, 85 FR 63137 (October 6, 2020).
    \33\ See Utility Scale Wind Towers From India, Malaysia, and 
Spain Revised Schedule for the Subject Investigations, 85 FR 67372 
(October 22, 2020).
    \34\ Id.
---------------------------------------------------------------------------

    A negative ITC determination for any country will result in the 
investigation being terminated with respect to that country.\35\ 
Otherwise, these CVD investigations will proceed according to the 
statutory and regulatory time limits.
---------------------------------------------------------------------------

    \35\ Id.
---------------------------------------------------------------------------

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \36\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\37\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in these investigations.
---------------------------------------------------------------------------

    \36\ See 19 CFR 351.301(b).
    \37\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301. For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, Commerce may elect to specify a different 
time limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, Commerce will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; Commerce will grant untimely filed 
requests for the extension of time limits only in limited cases where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Extension of Time Limits; Final Rule, 78 
FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting extension 
requests or factual information in these investigations.

[[Page 73023]]

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\38\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\39\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \38\ See section 782(b) of the Act.
    \39\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in these investigations should ensure that they meet the requirements 
of 19 CFR 351.103(d) (e.g., by filing the required letters of 
appearance). Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information until further notice.\40\
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    \40\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act and 19 CFR 351.203(c).

    Dated: November 9, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigations

    The merchandise covered by these investigations consists of 
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 nacelle are joined) when fully 
assembled.
    A wind tower section consists of, at a 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.
    Wind towers and sections thereof are included within the scope 
whether or not they are joined with nonsubject merchandise, such as 
nacelles or rotor blades, and whether or not they have internal or 
external components attached to the subject merchandise.
    Specifically excluded from the scope are nacelles and rotor 
blades, regardless of whether they are attached to the wind tower. 
Also excluded are any internal or external components which are not 
attached to the wind towers or sections thereof, unless those 
components are shipped with the tower sections.
    Merchandise covered by these investigations is currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under subheading 7308.20.0020 or 8502.31.0000. Wind towers 
of iron or steel are classified under HTSUS 7308.20.0020 when 
imported separately as a tower or tower section(s). Wind towers may 
be classified under HTSUS 8502.31.0000 when imported as combination 
goods with a wind turbine (i.e., accompanying nacelles and/or rotor 
blades). While the HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the scope of these 
investigations is dispositive.

[FR Doc. 2020-25227 Filed 11-13-20; 8:45 am]
BILLING CODE 3510-DS-P

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