Utility Scale Wind Towers From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 27829-27832 [2021-10913]
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Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
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 for
case briefs.6 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. Commerce has
modified certain of its requirements for
service documents containing business
proprietary information, until further
notice.7
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.
khammond on DSKJM1Z7X2PROD with NOTICES
Postponement of Final Determination
Section 735(a)(2)(B) of the Act
provides that a final determination may
be postponed until not later than 135
days after the date of the publication of
the preliminary determination if, in the
event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
On May 17, 2021, the Wind Tower
Trade Coalition (the petitioner)
requested that Commerce postpone the
final determination.8 In accordance with
section 735(a)(2)(B) of the Act, because
6 See 19 CFR 351.309(d); see also 19 CFR 351.303
(for general filing requirements).
7 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).
8 See Petitioner’s Letter, ‘‘Utility Scale Wind
Towers from Malaysia: Request to Postpone Final
Determination,’’ dated May 17, 2021.
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the preliminary determination is
negative, and the petitioner has
requested the postponement of the final
determination, Commerce is postponing
the final determination. Accordingly,
Commerce will make its final
determination by no later than 135 days
after the date of publication of this
preliminary determination, pursuant to
section 735(a)(2) of the Act.
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 75 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: May 18, 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
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27829
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. Affiliation and Single Entity Treatment
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021–10918 Filed 5–21–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–897]
Utility Scale Wind Towers From India:
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 India are being, or are
likely to be, sold in the United States at
less than fair value (LTFV). The period
of investigation is July 1, 2019, through
June 30, 2020. Interested parties are
invited to comment on this preliminary
determination.
DATES: Applicable May 24, 2021.
FOR FURTHER INFORMATION CONTACT:
Terre Keaton Stefanova or Amaris
Wade, AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1280 or
(202) 482–3874, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
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 India. 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. Therefore, Commerce is not
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the scope in Appendix I to
this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Pursuant to section
776(a) of the Act, Commerce
preliminarily relied upon facts
otherwise available to assign a dumping
margin to Vestas Wind Technology
India Private Limited (Vestas India) in
this investigation because Vestas India
failed to file a complete response to
Commerce’s supplemental section D
questionnaire by the established
deadline. As a result, for the reasons
discussed in the Preliminary Decision
Memorandum, Commerce is unable to
rely on Vestas India’s reported cost data
to calculate a margin. Commerce also
preliminarily relied upon facts
otherwise available to assign a dumping
margin to the companies which did not
provide timely 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 India and the
companies which did not provide
timely responses to the Q&V
questionnaire each failed to cooperate to
the best of its ability to comply with
Commerce’s requests for information.
Therefore, Commerce is using an
adverse inference when selecting from
among the facts otherwise available
when determining the preliminary
margins assigned to these companies, in
accordance with section 776(b) of the
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 preliminarily
determined the estimated weightedaverage dumping margin for the
individually-examined respondent
entirely under section 776 of the Act.
In the Petition, the petitioner 6
provided only one dumping margin,
which was based on a price-toconstructed-value comparison.7
Therefore, in the absence of another
weighted-average dumping margin on
the record of this investigation, we are
preliminarily assigning the sole
dumping margin in the Initiation Notice
(i.e., 54.03 percent) as the all-others
rate.8
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Dumping margin
(percent)
Exporter/producer
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Vestas Wind Technology India Private Limited ...........................................................................................
Acciona Wind Power India Pvt. Ltd .............................................................................................................
Nordex India Pvt. Ltd ...................................................................................................................................
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 India,’’ 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.
5 These non-responsive companies are: Acciona
Wind Power India Pvt. Ltd.; Nordex India Pvt. Ltd.;
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Jkt 253001
Prommada Hindustan Private Ltd.; Vinayaka Energy
Tek; and Zeeco India Pvt. Ltd.
6 The petitioner is the Wind Tower Trade
Coalition, whose members 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 Antidumping Investigation
Initiation Checklist—Utility Scale Wind Towers
from India (November 9, 2020).
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
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Frm 00006
Fmt 4703
Sfmt 4703
54.03
54.03
54.03
Cash deposit rate
(adjusted for
subsidy offsets) 9
(percent)
50.65
50.65
50.65
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.
9 See Memorandum, ‘‘Export Subsidies Found in
the Companion Countervailing Duty Investigation,’’
dated concurrently with this notice.
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Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Dumping margin
(percent)
Exporter/producer
Prommada Hindustan Private Ltd ...............................................................................................................
Vinayaka Energy Tek ..................................................................................................................................
Zeeco India Pvt. Ltd ....................................................................................................................................
All Others .....................................................................................................................................................
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.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of export
subsidies determined in a companion
countervailing duty (CVD) proceeding
when CVD provisional measures are in
effect. Accordingly, Commerce has
made a preliminary affirmative
determination for an export subsidy
adjustment. Commerce has offset the
estimated weighted-average dumping
margin by the appropriate rate. Any
such adjusted rates may be found in the
chart of estimated weighted-average
dumping margins in the ‘‘Preliminary
Determination’’ section above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting cash deposits at a rate equal
to the estimated weighted-average
dumping margins calculated in this
preliminary determination unadjusted
for export subsidies at the time the CVD
provisional measures expire.
These suspension of liquidation
instructions will remain in effect until
further notice.
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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 determined Vestas India’s
dumping margin in this investigation
based on AFA, in accordance with
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17:32 May 21, 2021
Jkt 253001
54.03
54.03
54.03
54.03
Cash deposit rate
(adjusted for
subsidy offsets) 9
(percent)
50.65
50.65
50.65
50.65
section 776 of the Act, there are no
calculations to disclose.
will be notified of the time and date for
the hearing.13
Verification
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.
Because Vestas India did not act to
the best of its ability to provide
information Commerce requested and,
as a result, we preliminarily determine
that Vestas India 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.10 Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
seven days after the deadline for case
briefs.11 Commerce has modified certain
of its requirements for service of
documents containing business
proprietary information, until further
notice.12 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, and a list of the
issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
10 See 19 CFR 351.309(c)(1)(i); see also 19 CFR
351.303 (for general filing requirements).
11 See 19 CFR 351.309(d); see also 19 CFR
351.303 (for general filing requirements).
12 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).
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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: May 18, 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,
13 See
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19 CFR 351.310(d).
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Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
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. Application of Facts Available, Use of
Adverse Inferences, Corroboration, and
Calculation of All-Others Rate
VI. MNC and PMS Allegations
VII. Recommendation
[FR Doc. 2021–10913 Filed 5–21–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
khammond on DSKJM1Z7X2PROD with NOTICES
[A–475–828]
Stainless Steel Butt-Weld Pipe Fittings
From Italy: Rescission of Antidumping
Duty Administrative Review; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
AGENCY:
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Jkt 253001
antidumping duty order on stainless
steel butt-weld pipe fittings from Italy
for the period of review (POR) February
1, 2020, through January 31, 2021, based
on the timely withdrawal of the request
for review.
DATES: Applicable May 24, 2021.
FOR FURTHER INFORMATION CONTACT:
Preston N. Cox, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5041.
SUPPLEMENTARY INFORMATION:
notice of initiation of the requested
review. The petitioners withdrew their
request for review within 90 days of the
publication date of the Initiation Notice.
No other parties requested an
administrative review of the
antidumping duty order. Therefore, in
accordance with 19 CFR 351.213(d)(1),
we are rescinding in its entirety the
administrative review of the
antidumping duty order on stainless
steel butt-weld pipe fittings from Italy
covering the period February 1, 2020,
through January 31, 2021.
Background
On February 2, 2021, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping duty order on stainless
steel butt-weld pipe fittings from Italy
for the period February 1, 2020, through
January 31, 2021.1 On February 26,
2021, Core Pipe Products, Inc. and
Taylor Forge Stainless, Inc. (the
petitioners) timely requested an
administrative review of the
antidumping duty order with respect to
Filmag Italia, SpA (Filmag).2 This
request was in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.213(b). Commerce received no other
requests for an administrative review of
the antidumping duty order for the POR.
On April 1, 2021, pursuant to section
751(a) of the Act and 19 CFR
351.221(c)(1)(i), Commerce initiated an
administrative review of the
antidumping duty order covering the
POR with respect to Filmag.3 On April
16, 2021, the petitioners timely
withdrew their request for
administrative review with respect to
Filmag.4
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries of stainless steel butt-weld pipe
fittings from Italy during the POR.
Antidumping duties shall be assessed at
rates equal to the cash deposit rate of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue appropriate assessment
instructions to CBP no earlier than 35
days after the date of publication of this
notice in the Federal Register.
Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested the
review withdraw their requests within
90 days of the date of publication of the
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 86 FR 7855
(February 2, 2021).
2 See Petitioners’ Letter, ‘‘Stainless Steel ButtWeld Pipe Fittings from Italy—Petitioners’ Request
for 2020/2021 Administrative Review,’’ dated
February 26, 2021.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
17124 (April 1, 2021) (Initiation Notice).
4 See Petitioners’ Letter, ‘‘Stainless Steel ButtWeld Pipe Fittings from Italy—Petitioners’
Withdrawal of Request for 2020/2021
Administrative Review,’’ dated April 16, 2021.
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Assessment
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
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[Federal Register Volume 86, Number 98 (Monday, May 24, 2021)]
[Notices]
[Pages 27829-27832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10913]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-897]
Utility Scale Wind Towers From India: 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 India are being, or
are likely to be, sold in the United States at less than fair value
(LTFV). The period of investigation is July 1, 2019, through June 30,
2020. Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable May 24, 2021.
FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Amaris Wade,
AD/CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1280 or (202) 482-3874,
respectively.
SUPPLEMENTARY INFORMATION:
[[Page 27830]]
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/.
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\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 India,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are utility scale wind
towers from India. 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. Therefore, Commerce is
not preliminarily modifying the scope language as it appeared in the
Initiation Notice. See the scope in Appendix I to this notice.
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\3\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\4\ See Initiation Notice, 85 FR at 73024.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Pursuant to section 776(a) of the Act, Commerce
preliminarily relied upon facts otherwise available to assign a dumping
margin to Vestas Wind Technology India Private Limited (Vestas India)
in this investigation because Vestas India failed to file a complete
response to Commerce's supplemental section D questionnaire by the
established deadline. As a result, for the reasons discussed in the
Preliminary Decision Memorandum, Commerce is unable to rely on Vestas
India's reported cost data to calculate a margin. Commerce also
preliminarily relied upon facts otherwise available to assign a dumping
margin to the companies which did not provide timely 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 India and the companies which did
not provide timely responses to the Q&V questionnaire each failed to
cooperate to the best of its ability to comply with Commerce's requests
for information. Therefore, Commerce is using an adverse inference when
selecting from among the facts otherwise available when determining the
preliminary margins assigned to these companies, in accordance with
section 776(b) of the Act. For a full description of the methodology
underlying our preliminary determination, see the Preliminary Decision
Memorandum.
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\5\ These non-responsive companies are: Acciona Wind Power India
Pvt. Ltd.; Nordex India Pvt. Ltd.; Prommada Hindustan Private Ltd.;
Vinayaka Energy Tek; and Zeeco India Pvt. Ltd.
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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 preliminarily
determined the estimated weighted-average dumping margin for the
individually-examined respondent entirely under section 776 of the Act.
In the Petition, 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, we are preliminarily assigning the
sole dumping margin in the Initiation Notice (i.e., 54.03 percent) as
the all-others rate.\8\
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\6\ The petitioner is the Wind Tower Trade Coalition, whose
members 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 Antidumping Investigation Initiation
Checklist--Utility Scale Wind Towers from India (November 9, 2020).
\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:
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\9\ See Memorandum, ``Export Subsidies Found in the Companion
Countervailing Duty Investigation,'' dated concurrently with this
notice.
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Cash deposit rate
Dumping margin (adjusted for
Exporter/producer (percent) subsidy offsets)
\9\ (percent)
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Vestas Wind Technology India 54.03 50.65
Private Limited..................
Acciona Wind Power India Pvt. Ltd. 54.03 50.65
Nordex India Pvt. Ltd............. 54.03 50.65
[[Page 27831]]
Prommada Hindustan Private Ltd.... 54.03 50.65
Vinayaka Energy Tek............... 54.03 50.65
Zeeco India Pvt. Ltd.............. 54.03 50.65
All Others........................ 54.03 50.65
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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.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of export
subsidies determined in a companion countervailing duty (CVD)
proceeding when CVD provisional measures are in effect. Accordingly,
Commerce has made a preliminary affirmative determination for an export
subsidy adjustment. Commerce has offset the estimated weighted-average
dumping margin by the appropriate rate. Any such adjusted rates may be
found in the chart of estimated weighted-average dumping margins in the
``Preliminary Determination'' section above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting cash
deposits at a rate equal to the estimated weighted-average dumping
margins calculated in this preliminary determination unadjusted for
export subsidies at the time the CVD provisional measures expire.
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 determined
Vestas India's dumping margin in this investigation based on AFA, in
accordance with section 776 of the Act, there are no calculations to
disclose.
Verification
Because Vestas India did not act to the best of its ability to
provide information Commerce requested and, as a result, we
preliminarily determine that Vestas India 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.\10\ Rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than seven days after
the deadline for case briefs.\11\ Commerce has modified certain of its
requirements for service of documents containing business proprietary
information, until further notice.\12\ 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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\10\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\11\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general
filing requirements).
\12\ 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).
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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, and a list of the issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing.\13\
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\13\ See 19 CFR 351.310(d).
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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: May 18, 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,
[[Page 27832]]
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. Application of Facts Available, Use of Adverse Inferences,
Corroboration, and Calculation of All-Others Rate
VI. MNC and PMS Allegations
VII. Recommendation
[FR Doc. 2021-10913 Filed 5-21-21; 8:45 am]
BILLING CODE 3510-DS-P
