Utility Scale Wind Towers From Spain: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 17354-17356 [2021-06869]
Download as PDF
<![CDATA[
jbell on DSKJLSW7X2PROD with NOTICES
17354
Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Notices
4 of the Small Business Pulse Survey.
The Office of Management and Budget
authorized clearance of Phase 4 of the
Small Business Pulse Survey on
February 16, 2021. The Census Bureau
now seeks approval to conduct Phase 5
of the Small Business Pulse Survey
which will occur over 9 weeks starting
May 17, 2021.
The continuation of the Small
Business Pulse Survey is responsive to
stakeholder requests for high frequency
data that measure the effect of changing
business conditions during the
Coronavirus pandemic on small
businesses. While the ongoing monthly
and quarterly economic indicator
programs provide estimates of dollar
volume outputs for employer businesses
of all size, the Small Business Pulse
Survey captures the effects of the
pandemic on operations and finances of
small, single location employer
businesses. As the pandemic continues,
the Census Bureau is best poised to
collect this information from a large and
diverse sample of small businesses.
It is hard to predict when a shock will
result in economic activity changing at
a weekly, bi-weekly, or monthly
frequency. Early in the pandemic,
federal, state, and local policies were
moving quickly so it made sense to have
a weekly collection. The problem is that
while we are in the moment, we cannot
accurately forecast the likelihood of
policy action. In addition, we are not
able to forecast a change in the
underlying cause of policy actions: The
effect of the Coronavirus pandemic on
the economy. We cannot predict
changes in the severity of the pandemic
(e.g., will it worsen in flu season?) nor
future developments that will alleviate
the pandemic (e.g., vaccines or
treatments). In a period of such high
uncertainty, the impossibility of
forecasting these inflection points
underscores the benefits of having a
weekly survey. For these reasons, the
Census Bureau will proceed with a
weekly collection.
Phase 5 of the Small Business Pulse
Survey proposes to capture information
on concepts such as business closings,
changes in revenue, changes in
employment and hours, vaccine
requirements, disruptions to supply
chain, operating capacity factors, and
expectations for future operations.
These economic data will be used to
understand how changes due to the
response to the Coronavirus pandemic
have and continue to affect American
businesses and the U.S. economy.
Content for Phase 5 will remain the
same as the previous phase, with two
minor additions of response categories
(‘‘Restaurant Revitalization Fund’’ and
VerDate Sep<11>2014
23:04 Apr 01, 2021
Jkt 253001
‘‘Shuttered Venue Operators Grants’’)
will be added as options in questions 15
and 16.
All results from the Small Business
Pulse Survey will continue to be
disseminated as U.S. Census Bureau
Experimental Data Products (https://
portal.census.gov/pulse/data/). This and
additional information on the Small
Business Pulse Survey are available to
the public on census.gov.
Affected Public: Business or other forprofit organizations.
Frequency: Small business will be
selected once to participate in a 6minute survey.
Respondent’s Obligation: Voluntary.
Legal Authority: Title 13 U.S.C.,
Sections 131 and 182.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
entering either the title of the collection
or the OMB Control Number 0607–1014.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2021–06803 Filed 4–1–21; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–823]
Utility Scale Wind Towers From Spain:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that utility scale wind towers (wind
towers) from Spain are being, or are
likely to be, sold in the United States at
less than fair value (LTFV). The period
of investigation (POI) is July 1, 2019,
through June 30, 2020. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable April 2, 2021.
AGENCY:
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–7425.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(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 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.2 A list of topics included
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/.
Scope of the Investigation
The products covered by this
investigation are utility scale wind
towers from Spain. For a complete
description of the scope of this
investigation, see Appendix I to this
notice.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,3 we set aside a
period of time in the Initiation Notice
for parties to raise issues regarding
product coverage (i.e., scope).4 We did
not receive comments concerning the
scope of the investigation of wind
towers as it appeared in the Initiation
Notice.
Methodology
Commerce is conducting this
investigation in accordance with section
1 See Utility Scale Wind Towers from India,
Malaysia, and Spain: Initiation of Less-Than-FairValue Investigations, 85 FR 73023 (November 16,
2020) (Initiation Notice).
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Utility Scale Wind
Towers from Spain,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
3 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
4 See Initiation Notice, 85 FR at 73024.
E:\FR\FM\02APN1.SGM
02APN1
Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
731 of the Act. Pursuant to section
776(a) of the Act, Commerce has
preliminarily relied upon facts
otherwise available to assign a dumping
margin to Vestas Eolica S.A.U. (Vestas
Eolica), in this investigation because
Vestas Eolica did not submit a response
to Commerce’s antidumping duty
questionnaire. Commerce has also
preliminarily relied upon facts
otherwise available to assign a dumping
margin to the companies which did not
provide responses to the quantity and
value (Q&V) questionnaires during the
respondent selection process.5 Further,
pursuant to section 776(b) of the Act,
Commerce is preliminarily determining
that Vestas Eolica and the companies
which did not provide responses to the
Q&V questionnaires failed to cooperate
by not acting to the best of their
individual abilities to comply with
requests for information. Commerce is,
therefore, using an adverse inference
when selecting from among the facts
otherwise available (i.e., applying
adverse facts available (AFA)) to these
companies, in accordance with section
776(b) of Act. For a full description of
the methodology underlying our
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that, in the
preliminary determination, Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
Pursuant to section 735(c)(5)(B) of the
Act, if the estimated weighted-average
dumping margins established for all
exporters and producers individually
examined are zero, de minimis, or
determined based entirely on facts
otherwise available, Commerce may use
any reasonable method to establish the
estimated weighted-average dumping
margin for all other producers or
exporters. Commerce has preliminarily
determined the estimated weightedaverage dumping margin for the
individually-examined respondent
under section 776 of the Act. In cases
where no weighted-average dumping
5 These non-responsive companies are: Acciona
Windpower S.A.; Gamesa Energy Transmission;
Haizea Wind Group; Kuzar Systems S.L.; Proyectos
Integrales y Logisticos S.A.A.; and Windar
Renovables.
VerDate Sep<11>2014
23:04 Apr 01, 2021
Jkt 253001
margins other than those determined
entirely under section 776 of the Act
have been established for individuallyexamined entities, in accordance with
section 735(c)(5)(B) of the Act,
Commerce may use any reasonable
method to establish the estimated allothers rate for exporters and producers
not individually investigated.
In the Petition, the Wind Tower Trade
Coalition (the petitioner) 6 provided
only one dumping margin, which was
based on a price-to-constructed-value
comparison.7 Therefore, in the absence
of another weighted-average dumping
margin on the record of this
investigation, as the all-others rate, we
are preliminarily assigning the sole
dumping margin in the Initiation
Notice, which is 73.00 percent.8
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Exporter/producer
Vestas Eolica S.A.U. ..................
Acciona Windpower S.A. ............
Gamesa Energy Transmission ...
Haizea Wind Group ....................
Kuzar Systems, S.L. ...................
Proyectos Integrales y Logisticos
S.A.A. ......................................
Windar Renovables ....................
All Others ....................................
Dumping
margin
(percent)
73.00
73.00
73.00
73.00
73.00
73.00
6 The members of the Wind Tower Trade
Coalition are Arcosa Wind Towers Inc. and
Broadwind Towers, Inc.
7 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
(Petition); see also Anti-Dumping Investigation
Initiation Checklist—Utility Scale Wind Towers
from Spain (November 9, 2020) (Initiation
Checklist).
8 See, e.g., Mattresses From Malaysia: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 85 FR
69574 (November 3, 2020), unchanged in Mattresses
from Malaysia: Final Affirmative Determination of
Sales at Less Than Fair Value, 86 FR 15901 (March
25, 2021); and Refillable Stainless Steel Kegs From
Mexico: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, 84 FR 25738 (June
4, 2019) unchanged in Refillable Stainless Steel
Kegs From Mexico: Final Affirmative Determination
of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical
Circumstances, 84 FR 42894 (August 19, 2019); see
also Initiation Notice, 85 FR at 73026.
Frm 00007
Fmt 4703
Sfmt 4703
warehouse, for consumption on or after
the date of the publication of this notice
in the Federal Register.
Further, pursuant to section
733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
margins indicated in the chart above.
These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with a
preliminary determination within five
days of any public announcement or, if
there is no public announcement,
within five days of the date of
publication of the notice of preliminary
determination in the Federal Register,
in accordance with 19 CFR 351.224(b).
However, because Commerce
preliminarily applied AFA to the Vestas
Eolica in this investigation, in
accordance with section 776 of the Act,
there are no calculations to disclose.
Verification
Because Vestas Eolica indicated its
intent not to participate in this
investigation, and Commerce
preliminarily determines that this
73.00 company was uncooperative, we will
73.00 not conduct verification.
Suspension of Liquidation
In accordance with section 773(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 Appendix
I, entered, or withdrawn from
PO 00000
17355
Public Comment
Interested parties are invited to
comment on this preliminary
determination no later than 30 days
after the date of publication of the
preliminary determination.9 Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
seven days after the deadline for case
briefs.10 Commerce has modified certain
of its requirements for service
documents containing business
proprietary information, until further
notice.11 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.
9 See 19 CFR 351.309(c)(1)(i); see also 19 CFR
351.303 (for general filing requirements).
10 See 19 CFR 351.309(d); see also 19 CFR
351.303 (for general filing requirements).
11 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (collectively, Temporary
Rule).
E:\FR\FM\02APN1.SGM
02APN1
17356
Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Notices
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.
Final Determination
Section 735(a)(1) of the Act and 19
CFR 351.210(b)(1) provide that
Commerce will issue the final
determination within 75 days after the
date of its preliminary determination.
Accordingly, Commerce will make its
final determination no later than 75
days after the signature date of this
preliminary determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary 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 whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
Dated: March 29, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
jbell on DSKJLSW7X2PROD with NOTICES
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.
VerDate Sep<11>2014
23:04 Apr 01, 2021
Jkt 253001
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 non-subject
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
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. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Application of Facts Available, Use of
Adverse Inferences, Corroboration, and
Calculation of All-Others Rate
VII. Recommendation
DEPARTMENT OF COMMERCE
International Trade Commission
[C–570–980]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Notice of Amended Final
Results of the 2017 Countervailing
Duty Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) is amending its notice of
the final results of the sixth
administrative review of the
countervailing duty (CVD) order on
crystalline silicon photovoltaic cells,
whether or not assembled into modules
(solar cells), from the People’s Republic
of China (China). The period of review
(POR) is January 1, 2017, through
December 31, 2017.
SUMMARY:
DATES:
Applicable April 2, 2021.
FOR FURTHER INFORMATION CONTACT:
Gene H. Calvert, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3586.
SUPPLEMENTARY INFORMATION:
Background
On December 9, 2020, Commerce
published the final results of the 2017
administrative review of the CVD order
on solar cells from China in the Federal
Register.1 On December 2, 2020, LONGi
Solar Technology Co. Ltd. (LONGi)
submitted a ministerial error allegation
stating that Commerce incorrectly
identified it as ‘‘LERRI Solar
Technology Co., Ltd.’’ (LERRI) when,
according to LONGi, its name is
‘‘LONGi Solar Technology Co. Ltd.
(a.k.a. LERRI Solar Technology Co.,
Ltd.).’’ On December 28, 2020,
ministerial error allegations were timely
submitted by JA Solar Technology
Yangzhou Co., Ltd. (JA Solar),2 Risen
[FR Doc. 2021–06869 Filed 4–1–21; 8:45 am]
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Final Results of
Countervailing Duty Administrative Review; 2017,
85 FR 79163 (December 9, 2020) (Final Results),
and accompanying Issues and Decision
Memorandum (IDM).
2 See JA Solar’s Letter, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into
Modules from the People’s Republic of China:
Ministerial Error Comments,’’ dated December 28,
2020.
BILLING CODE 3510–DS–P
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
E:\FR\FM\02APN1.SGM
02APN1
]]>Agencies
[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Notices]
[Pages 17354-17356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06869]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-823]
Utility Scale Wind Towers From Spain: Preliminary Affirmative
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that utility scale wind towers (wind towers) from Spain are being, or
are likely to be, sold in the United States at less than fair value
(LTFV). The period of investigation (POI) is July 1, 2019, through June
30, 2020. Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable April 2, 2021.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-7425.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(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\ For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\2\ A list of topics included 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, Malaysia, and
Spain: Initiation of Less-Than-Fair-Value Investigations, 85 FR
73023 (November 16, 2020) (Initiation Notice).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Utility
Scale Wind Towers from Spain,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are utility scale wind
towers from Spain. For a complete description of the scope of this
investigation, see Appendix I to this notice.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\3\ we
set aside a period of time in the Initiation Notice for parties to
raise issues regarding product coverage (i.e., scope).\4\ We did not
receive comments concerning the scope of the investigation of wind
towers as it appeared in the Initiation Notice.
---------------------------------------------------------------------------
\3\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\4\ See Initiation Notice, 85 FR at 73024.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section
[[Page 17355]]
731 of the Act. Pursuant to section 776(a) of the Act, Commerce has
preliminarily relied upon facts otherwise available to assign a dumping
margin to Vestas Eolica S.A.U. (Vestas Eolica), in this investigation
because Vestas Eolica did not submit a response to Commerce's
antidumping duty questionnaire. Commerce has also preliminarily relied
upon facts otherwise available to assign a dumping margin to the
companies which did not provide responses to the quantity and value
(Q&V) questionnaires during the respondent selection process.\5\
Further, pursuant to section 776(b) of the Act, Commerce is
preliminarily determining that Vestas Eolica and the companies which
did not provide responses to the Q&V questionnaires failed to cooperate
by not acting to the best of their individual abilities to comply with
requests for information. Commerce is, therefore, using an adverse
inference when selecting from among the facts otherwise available
(i.e., applying adverse facts available (AFA)) to these companies, in
accordance with section 776(b) of Act. For a full description of the
methodology underlying our preliminary determination, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\5\ These non-responsive companies are: Acciona Windpower S.A.;
Gamesa Energy Transmission; Haizea Wind Group; Kuzar Systems S.L.;
Proyectos Integrales y Logisticos S.A.A.; and Windar Renovables.
---------------------------------------------------------------------------
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that, in
the preliminary determination, Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
Pursuant to section 735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins established for all exporters and
producers individually examined are zero, de minimis, or determined
based entirely on facts otherwise available, Commerce may use any
reasonable method to establish the estimated weighted-average dumping
margin for all other producers or exporters. Commerce has preliminarily
determined the estimated weighted-average dumping margin for the
individually-examined respondent under section 776 of the Act. In cases
where no weighted-average dumping margins other than those determined
entirely under section 776 of the Act have been established for
individually-examined entities, in accordance with section 735(c)(5)(B)
of the Act, Commerce may use any reasonable method to establish the
estimated all-others rate for exporters and producers not individually
investigated.
In the Petition, the Wind Tower Trade Coalition (the petitioner)
\6\ provided only one dumping margin, which was based on a price-to-
constructed-value comparison.\7\ Therefore, in the absence of another
weighted-average dumping margin on the record of this investigation, as
the all-others rate, we are preliminarily assigning the sole dumping
margin in the Initiation Notice, which is 73.00 percent.\8\
---------------------------------------------------------------------------
\6\ The members of the Wind Tower Trade Coalition are Arcosa
Wind Towers Inc. and Broadwind Towers, Inc.
\7\ 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
(Petition); see also Anti-Dumping Investigation Initiation
Checklist--Utility Scale Wind Towers from Spain (November 9, 2020)
(Initiation Checklist).
\8\ See, e.g., Mattresses From Malaysia: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 85 FR
69574 (November 3, 2020), unchanged in Mattresses from Malaysia:
Final Affirmative Determination of Sales at Less Than Fair Value, 86
FR 15901 (March 25, 2021); and Refillable Stainless Steel Kegs From
Mexico: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, 84 FR 25738 (June 4, 2019) unchanged in Refillable
Stainless Steel Kegs From Mexico: Final Affirmative Determination of
Sales at Less Than Fair Value and Final Affirmative Determination of
Critical Circumstances, 84 FR 42894 (August 19, 2019); see also
Initiation Notice, 85 FR at 73026.
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Vestas Eolica S.A.U......................................... 73.00
Acciona Windpower S.A....................................... 73.00
Gamesa Energy Transmission.................................. 73.00
Haizea Wind Group........................................... 73.00
Kuzar Systems, S.L.......................................... 73.00
Proyectos Integrales y Logisticos S.A.A..................... 73.00
Windar Renovables........................................... 73.00
All Others.................................................. 73.00
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 773(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 Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
the publication of this notice in the Federal Register.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the margins indicated in the chart above. These suspension of
liquidation instructions will remain in effect until further notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA
to the Vestas Eolica in this investigation, in accordance with section
776 of the Act, there are no calculations to disclose.
Verification
Because Vestas Eolica indicated its intent not to participate in
this investigation, and Commerce preliminarily determines that this
company was uncooperative, we will not conduct verification.
Public Comment
Interested parties are invited to comment on this preliminary
determination no later than 30 days after the date of publication of
the preliminary determination.\9\ Rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than seven days after
the deadline for case briefs.\10\ Commerce has modified certain of its
requirements for service documents containing business proprietary
information, until further notice.\11\ 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.
---------------------------------------------------------------------------
\9\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\10\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general
filing requirements).
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020) (collectively,
Temporary Rule).
---------------------------------------------------------------------------
[[Page 17356]]
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.
Final Determination
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
Commerce will issue the final determination within 75 days after the
date of its preliminary determination. Accordingly, Commerce will make
its final determination no later than 75 days after the signature date
of this preliminary determination.
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
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
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: March 29, 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 non-subject 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 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. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Application of Facts Available, Use of Adverse Inferences,
Corroboration, and Calculation of All-Others Rate
VII. Recommendation
[FR Doc. 2021-06869 Filed 4-1-21; 8:45 am]
BILLING CODE 3510-DS-P
