Utility Scale Wind Towers From Spain: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 17354-17356 [2021-06869]

Download as PDF 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 http:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://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]


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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 http://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://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\
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    \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.
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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.
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    \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).

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[[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