Utility Scale Wind Towers From India: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 15897-15899 [2021-06196]
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Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices
waterbeds, which consist of air- or liquidfilled bladders as the core or main support
system of the mattress.
Also excluded is certain multifunctional
furniture that is convertible from seating to
sleeping, regardless of filler material or
components, where that filler material or
components are upholstered, integrated into
the design and construction of, and
inseparable from, the furniture framing, and
the outermost layer of the multifunctional
furniture converts into the sleeping surface.
Such furniture may, and without limitation,
be commonly referred to as ‘‘convertible
sofas,’’ ‘‘sofabeds,’’ ‘‘sofa chaise sleepers,’’
‘‘futons,’’ ‘‘ottoman sleepers’’ or a like
description.
Also excluded from the scope of this
investigation are any products covered by the
existing antidumping duty orders on
uncovered innerspring units from China or
Vietnam. See Uncovered Innerspring Units
from the People’s Republic of China: Notice
of Antidumping Duty Order, 74 FR 7661
(February 19, 2009); Antidumping Duty
Order: Uncovered Innerspring Units from the
Socialist Republic of Vietnam, 73 FR 75391
(December 11, 2008).
Also excluded from the scope of this
investigation are bassinet pads with a
nominal length of less than 39 inches, a
nominal width less than 25 inches, and a
nominal depth of less than 2 inches.
Additionally, also excluded from the scope
of this investigation are ‘‘mattress toppers.’’
A ‘‘mattress topper’’ is a removable bedding
accessory that supplements a mattress by
providing an additional layer that is placed
on top of a mattress. Excluded mattress
toppers have a height of four inches or less.
The products subject to this investigation
are currently properly classifiable under
HTSUS subheadings: 9404.21.0010,
9404.21.0013, 9404.29.1005, 9404.29.1013,
9404.29.9085, and 9404.29.9087. Products
subject to this investigation may also enter
under HTSUS subheadings: 9404.21.0095,
9404.29.1095, 9404.29.9095, 9401.40.0000,
and 9401.90.5081. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the merchandise subject to this
investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Final Negative Determination of Critical
Circumstances
VII. Changes Since the Preliminary
Determination
VIII. Discussion of the Issues
IX. Recommendation
[FR Doc. 2021–06188 Filed 3–24–21; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–898]
Utility Scale Wind Towers From India:
Preliminary Affirmative Countervailing
Duty Determination, and Alignment of
Final Determination With Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
utility scale wind towers (wind towers)
from India. The period of investigation
is April 1, 2019, through March 31,
2020. Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Applicable March 25, 2021.
FOR FURTHER INFORMATION CONTACT:
David Crespo or Melissa Kinter, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3693 or (202) 482–1413,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on November 16, 2020.1 On December
28, 2020, Commerce postponed the
preliminary determination of this
investigation, and the revised deadline
is now March 19, 2021.2 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
1 See Utility Scale Wind Towers from India and
Malaysia: Initiation of Countervailing Duty
Investigations, 85 FR 73019 (November 16, 2020)
(Initiation Notice).
2 See Utility Scale Wind Towers from India and
Malaysia: Postponement of Preliminary
Determinations in the Countervailing Duty
Investigations, 85 FR 84302 (December 28, 2020).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination of the
Countervailing Duty Investigation of Utility Scale
Wind Towers from India,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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15897
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
Scope of the Investigation
The product covered by this
investigation is wind towers from India.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage, (i.e., scope).5 No interested
party commented on the scope of the
investigation as it appeared in the
Initiation Notice.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.6
Commerce notes that, in making these
findings, it relied, in part, on facts
available, and, because it finds that one
or more respondents did not act to the
best of their ability to respond to
Commerce’s requests for information, it
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.7 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final countervailing duty (CVD)
determination in this investigation with
the final determination in the
companion antidumping duty (AD)
investigation of wind towers from India
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
7 See sections 776(a) and (b) of the Act.
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15898
Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices
based on a request made by the
petitioner.8 Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued no later than
August 2, 2021, unless postponed.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
Commerce calculated an individual
estimated countervailable subsidy rate
for Vestas Wind Technology India
Private Limited (Vestas), the only
individually examined exporter/
producer in this investigation. Because
the rate calculated for Vestas is not zero,
de minimis, or based entirely on facts
otherwise available, it is the rate
assigned to all-other producers and
exporters, pursuant to section
705(c)(5)(A)(i) of the Act.
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Company
Vestas Wind Technology
India Private Limited .........
Naiks Brass & Iron Works * ..
Nordex India Pvt * .................
Prommada Hindustan * .........
Suzlon Energy * ....................
Vinayaka Energy Tek * .........
Wish Energy Solutions Pvt
Ltd * ...................................
Zeeco India Pvt. Ltd * ...........
All Others ..............................
Subsidy rate
(percent)
3.74
397.16
397.16
397.16
397.16
397.16
397.16
397.16
3.74
* Rate based on adverse facts available.
Suspension of Liquidation
In accordance with section
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and
Border Protection (CBP) to suspend
liquidation of entries of subject
merchandise as described in the scope
of the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
8 See Petitioner’s Letter, ‘‘Utility Scale Wind
Towers from India: Request to Align Countervailing
Duty Investigation Final Determination with
Antidumping Duty Investigation Final
Determination,’’ dated March 16, 2021.
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17:52 Mar 24, 2021
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publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination. However,
Commerce is currently unable to
conduct on-site verification of the
information relied upon in making its
final determination in this investigation.
Accordingly, we intend to take
additional steps in lieu of on-site
verification. Commerce will notify
interested parties of any additional
documentation or information required.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance. Interested parties will be
notified of the timeline for the
submission of such case briefs and
written comments at a later date.
Rebuttal briefs, limited to issues raised
in case briefs, may be submitted no later
than seven days after the deadline date
for case briefs.9 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this investigation are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
9 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its determination. If the final
determination is affirmative, the ITC
will determine before the later of 120
days after the date of this preliminary
determination or 45 days after the final
determination.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act, and 19 CFR
351.205(c).
Dated: March 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation 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 this investigation
is currently classified in the Harmonized
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Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices
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 this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Subsidies Valuation
VII. Use of Facts Otherwise Available and
Adverse Inferences
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2021–06196 Filed 3–24–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–836]
Mattresses From Indonesia: Final
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
mattresses from Indonesia are being, or
are likely to be, sold in the United States
at less than fair value (LTFV) for the
period of investigation January 1, 2019,
through December 31, 2019.
DATES: Applicable March 25, 2021.
FOR FURTHER INFORMATION CONTACT:
Janae Martin or Brian Smith, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0238 or (202) 482–1766,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On November 3, 2020, Commerce
published the Preliminary
Determination in the LTFV investigation
of mattresses from Indonesia, in which
we also postponed the final
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17:52 Mar 24, 2021
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determination until March 18, 2021.1
We invited interested parties to
comment on the Preliminary
Determination. A summary of the events
that occurred since Commerce
published the Preliminary
Determination, may be found in the
Issues and Decision Memorandum.2 The
Issues and Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/.
Scope of the Investigation
The products covered by this
investigation are mattresses from
Indonesia. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In Commerce’s Preliminary Scope
Decision Memorandum, we set aside a
period of time for parties to raise issues
regarding product coverage (i.e., scope)
in scope case briefs or other written
comments on scope issues.3 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Preliminary Scope Decision
Memorandum, unchanged from the
Initiation Notice.4 For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this final determination, and
accompanying discussion and analysis
of all comments timely received, see the
Final Scope Memorandum.5 In the Final
1 See Mattresses from Indonesia: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 85 FR
69597 (November 3, 2020) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Mattresses from Indonesia,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3 See Memorandum, ‘‘Mattresses from Cambodia,
Indonesia, Malaysia, Serbia, Thailand, the Republic
of Turkey, the Socialist Republic of Vietnam, and
the People’s Republic of China: Scope Comments
Decision Memorandum for the Preliminary
Determination,’’ dated October 27, 2020
(Preliminary Scope Decision Memorandum).
4 See Mattresses from Cambodia, Indonesia,
Malaysia, Serbia, Thailand, the Republic of Turkey,
and the Socialist Republic of Vietnam: Initiation of
Less-Than-Fair-Value Investigations, 85 FR 23002
(April 24, 2020) (Initiation Notice).
5 See Memorandum, ‘‘Mattresses from Cambodia,
Indonesia, Malaysia, Serbia, Thailand, the Republic
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15899
Scope Memorandum, Commerce
determined that it is not modifying the
scope language as it appeared in the
Initiation Notice. See Appendix I.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of the issues
addressed in the Issues and Decision
Memorandum is provided in Appendix
II.
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation.
However, we took additional steps in
lieu of an on-site verification to verify
the information relied upon in making
this final determination, in accordance
with section 782(i) of the Tariff Act of
1930, as amended (the Act).6
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from interested
parties, we made adjustments to PT
Zinus Global Indonesia’s (Zinus) cost of
production and U.S. sales prices. For a
discussion of these changes, see the
Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated excluding
rates that are zero, de minimis, or
determined entirely under section 776
of the Act. Commerce calculated an
individual estimated weighted-average
dumping margin for Zinus, the only
individually examined exporter/
producer in this investigation. Because
the only individually calculated
dumping margin is not zero, de
minimis, or based entirely on facts
otherwise available, the estimated
weighted-average dumping margin
calculated for Zinus is the margin
assigned to all other producers and
of Turkey, the Socialist Republic of Vietnam, and
the People’s Republic of China: Final Scope
Decision Memorandum,’’ dated concurrently with,
and hereby adopted by, this notice (Final Scope
Memorandum).
6 See Commerce’s Letter, ‘‘Antidumping Duty
Investigation of Mattresses from Indonesia:
Supplemental Questionnaire in Lieu of On-Site
Verification,’’ dated January 19, 2021.
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]]>Agencies
[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Notices]
[Pages 15897-15899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06196]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-898]
Utility Scale Wind Towers From India: Preliminary Affirmative
Countervailing Duty Determination, and Alignment of Final Determination
With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of utility scale wind towers (wind towers) from India. The
period of investigation is April 1, 2019, through March 31, 2020.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable March 25, 2021.
FOR FURTHER INFORMATION CONTACT: David Crespo or Melissa Kinter, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3693 or (202) 482-1413,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on November
16, 2020.\1\ On December 28, 2020, Commerce postponed the preliminary
determination of this investigation, and the revised deadline is now
March 19, 2021.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics discussed in the Preliminary
Decision Memorandum is included as Appendix II to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------
\1\ See Utility Scale Wind Towers from India and Malaysia:
Initiation of Countervailing Duty Investigations, 85 FR 73019
(November 16, 2020) (Initiation Notice).
\2\ See Utility Scale Wind Towers from India and Malaysia:
Postponement of Preliminary Determinations in the Countervailing
Duty Investigations, 85 FR 84302 (December 28, 2020).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination of the Countervailing Duty Investigation of Utility
Scale Wind Towers from India,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is wind towers from
India. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, (i.e., scope).\5\ No interested
party commented on the scope of the investigation as it appeared in the
Initiation Notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\6\
---------------------------------------------------------------------------
\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Commerce notes that, in making these findings, it relied, in part,
on facts available, and, because it finds that one or more respondents
did not act to the best of their ability to respond to Commerce's
requests for information, it drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\7\
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final countervailing duty (CVD) determination in this
investigation with the final determination in the companion antidumping
duty (AD) investigation of wind towers from India
[[Page 15898]]
based on a request made by the petitioner.\8\ Consequently, the final
CVD determination will be issued on the same date as the final AD
determination, which is currently scheduled to be issued no later than
August 2, 2021, unless postponed.
---------------------------------------------------------------------------
\8\ See Petitioner's Letter, ``Utility Scale Wind Towers from
India: Request to Align Countervailing Duty Investigation Final
Determination with Antidumping Duty Investigation Final
Determination,'' dated March 16, 2021.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
Commerce calculated an individual estimated countervailable subsidy
rate for Vestas Wind Technology India Private Limited (Vestas), the
only individually examined exporter/producer in this investigation.
Because the rate calculated for Vestas is not zero, de minimis, or
based entirely on facts otherwise available, it is the rate assigned to
all-other producers and exporters, pursuant to section 705(c)(5)(A)(i)
of the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Vestas Wind Technology India Private Limited............ 3.74
Naiks Brass & Iron Works *.............................. 397.16
Nordex India Pvt *...................................... 397.16
Prommada Hindustan *.................................... 397.16
Suzlon Energy *......................................... 397.16
Vinayaka Energy Tek *................................... 397.16
Wish Energy Solutions Pvt Ltd *......................... 397.16
Zeeco India Pvt. Ltd *.................................. 397.16
All Others.............................................. 3.74
------------------------------------------------------------------------
* Rate based on adverse facts available.
Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
However, Commerce is currently unable to conduct on-site verification
of the information relied upon in making its final determination in
this investigation. Accordingly, we intend to take additional steps in
lieu of on-site verification. Commerce will notify interested parties
of any additional documentation or information required.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Interested parties
will be notified of the timeline for the submission of such case briefs
and written comments at a later date. Rebuttal briefs, limited to
issues raised in case briefs, may be submitted no later than seven days
after the deadline date for case briefs.\9\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal
briefs in this investigation are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
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\9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. If the
final determination is affirmative, the ITC will determine before the
later of 120 days after the date of this preliminary determination or
45 days after the final determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act, and 19 CFR 351.205(c).
Dated: March 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation 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 this investigation is currently
classified in the Harmonized
[[Page 15899]]
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 this investigation is
dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Subsidies Valuation
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2021-06196 Filed 3-24-21; 8:45 am]
BILLING CODE 3510-DS-P
