Utility Scale Wind Towers From Malaysia: Preliminary Determination of Sales at Not Less Than Fair Value and Postponement of Final Determination, 27828-27829 [2021-10918]
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27828
Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on May 14, 2021,
pursuant to Section 10(d) of the Federal
Advisory Committee Act, as amended (5
U.S.C. app. 2 § 10(d)), that the portion
of the meeting dealing with predecisional changes to the Commerce
Control List and the U.S. export control
policies shall be exempt from the
provisions relating to public meetings
found in 5 U.S.C. app. 2 §§ 10(a)(1) and
10(a)(3). The remaining portions of the
meeting will be open to the public.
For more information, call Yvette
Springer at (202) 482–2813.
Yvette Springer,
Committee Liaison Officer.
Scope of the Investigation
The products covered by this
investigation are utility scale wind
towers from Malaysia. For a complete
description of the scope of this
investigation, see Appendix I to this
notice.
[FR Doc. 2021–10863 Filed 5–21–21; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–821]
Utility Scale Wind Towers From
Malaysia: Preliminary Determination of
Sales at Not Less Than Fair Value and
Postponement of Final Determination
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 Malaysia are not being, or
are not 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 May 24, 2021.
FOR FURTHER INFORMATION CONTACT: Jerry
Huang, AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4047.
SUPPLEMENTARY INFORMATION:
AGENCY:
khammond on DSKJM1Z7X2PROD with 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
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).
VerDate Sep<11>2014
17:32 May 21, 2021
Jkt 253001
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 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
731 of the Act. Commerce has
calculated export price in accordance
with section 772(a) of the Act. Normal
value (NV) is calculated in accordance
with section 773(e) of the Act. For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Utility Scale Wind
Towers from Malaysia,’’ 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 Commerce preliminarily determines that CS
Wind Corporation and CS Wind Malaysia Sdn. Bhd.
are a single entity (collectively, CS Wind). See
Memorandum, ‘‘Less-Than-Fair-Value Investigation
of Utility Scale Wind Towers from Malaysia:
Preliminary Affiliation and Single Entity
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
Exporter/producer
CS Wind Corporation/CS Wind
Malaysia Sdn Bhd 5 .................
Dumping
margin
(percent)
0.00
Commerce preliminarily determines
that CS Wind has not made sales of
wind towers at LTFV. Further, because
CS Wind is the only party for which an
estimated weighted-average dumping
margin has been calculated for this
preliminary determination, Commerce
preliminarily determines that wind
towers from Malaysia have not been
sold in the United States at LTFV during
the POI.
Consistent with section 733(d) of the
Act, Commerce has not calculated an
estimated weighted-average dumping
margin for all other producers and
exporters because it has not made an
affirmative preliminary determination of
sales at LTFV.
Suspension of Liquidation
Because Commerce has made a
negative preliminary determination of
sales at LTFV with regard to subject
merchandise, Commerce will not direct
U.S. Customs and Border Protection to
suspend liquidation or to require a cash
deposit of estimated antidumping duties
for entries of wind towers from
Malaysia.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this 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 this notice
in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination. Normally,
Commerce verifies information using
standard procedures, including an onsite examination of original accounting,
financial, and sales documentation.
However, due to current travel
restrictions in response to the global
COVID–19 pandemic, Commerce is
unable to conduct on-site verification in
this investigation. Accordingly, we
intend to verify the information relied
upon in making the final determination
through alternative means in lieu of an
on-site verification.
Memorandum for CS Wind Corporation and CS
Wind Malaysia Sdn. Bhd.,’’ dated concurrently with
this notice.
E:\FR\FM\24MYN1.SGM
24MYN1
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.
VerDate Sep<11>2014
17:32 May 21, 2021
Jkt 253001
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
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
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:
E:\FR\FM\24MYN1.SGM
24MYN1
]]>Agencies
[Federal Register Volume 86, Number 98 (Monday, May 24, 2021)]
[Notices]
[Pages 27828-27829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10918]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-821]
Utility Scale Wind Towers From Malaysia: Preliminary
Determination of Sales at Not Less Than Fair Value and Postponement of
Final Determination
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 Malaysia are not
being, or are not 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 May 24, 2021.
FOR FURTHER INFORMATION CONTACT: Jerry Huang, AD/CVD Operations, Office
V, Enforcement and Compliance, International Trade Administration,
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-4047.
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 Malaysia,'' 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 Malaysia. 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 731 of the Act. Commerce has calculated export price in
accordance with section 772(a) of the Act. Normal value (NV) is
calculated in accordance with section 773(e) of the Act. For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
---------------------------------------------------------------------------
\5\ Commerce preliminarily determines that CS Wind Corporation
and CS Wind Malaysia Sdn. Bhd. are a single entity (collectively, CS
Wind). See Memorandum, ``Less-Than-Fair-Value Investigation of
Utility Scale Wind Towers from Malaysia: Preliminary Affiliation and
Single Entity Memorandum for CS Wind Corporation and CS Wind
Malaysia Sdn. Bhd.,'' dated concurrently with this notice.
------------------------------------------------------------------------
Dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
CS Wind Corporation/CS Wind Malaysia Sdn Bhd \5\............ 0.00
------------------------------------------------------------------------
Commerce preliminarily determines that CS Wind has not made sales
of wind towers at LTFV. Further, because CS Wind is the only party for
which an estimated weighted-average dumping margin has been calculated
for this preliminary determination, Commerce preliminarily determines
that wind towers from Malaysia have not been sold in the United States
at LTFV during the POI.
Consistent with section 733(d) of the Act, Commerce has not
calculated an estimated weighted-average dumping margin for all other
producers and exporters because it has not made an affirmative
preliminary determination of sales at LTFV.
Suspension of Liquidation
Because Commerce has made a negative preliminary determination of
sales at LTFV with regard to subject merchandise, Commerce will not
direct U.S. Customs and Border Protection to suspend liquidation or to
require a cash deposit of estimated antidumping duties for entries of
wind towers from Malaysia.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this 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 this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Normally, Commerce verifies information using standard procedures,
including an on-site examination of original accounting, financial, and
sales documentation. However, due to current travel restrictions in
response to the global COVID-19 pandemic, Commerce is unable to conduct
on-site verification in this investigation. Accordingly, we intend to
verify the information relied upon in making the final determination
through alternative means in lieu of an on-site verification.
[[Page 27829]]
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
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 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.
---------------------------------------------------------------------------
\8\ See Petitioner's Letter, ``Utility Scale Wind Towers from
Malaysia: Request to Postpone Final Determination,'' dated May 17,
2021.
---------------------------------------------------------------------------
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 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
