Utility Scale Wind Towers From Spain: Final Determination of Sales at Less Than Fair Value, 33656-33658 [2021-13547]
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33656
Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices
Exporter or producer
Final results
of review
weighted-average
dumping margin 11
Final results
of remand
redetermination
weighted-average
dumping margin 12
Borusan Mannesmann Boru Sanayi Ve Ticaret A.S./Borusan Mannesmann Pipe U.S. Inc ..................
8.48
4.06
Cash Deposit Requirements
Because Borusan has a superseding
cash deposit rate, i.e., there have been
final results published in a subsequent
administrative review, we will not issue
revised cash deposit instructions to U.S.
Customs and Border Protection (CBP).
This notice will not affect the current
cash deposit rate.
DEPARTMENT OF COMMERCE
Liquidation of Suspended Entries
At this time, Commerce remains
enjoined by CIT order from liquidating
entries that: Were produced and/or
exported by Borusan and were entered,
or withdrawn from warehouse, for
consumption during the period May 1,
2017, through April 30, 2018. These
entries will remain enjoined pursuant to
the terms of the injunction during the
pendency of any appeals process.
In the event the CIT’s ruling is not
appealed, or, if appealed, upheld by a
final and conclusive court decision,
Commerce intends to instruct CBP to
assess antidumping duties on
unliquidated entries of subject
merchandise produced and exported by
Borusan in accordance with 19 CFR
351.212(b). We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific ad
valorem assessment rate is not zero or
de minimis. Where an import-specific
ad valorem assessment rate is zero or de
minimis,13 we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
AGENCY:
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c) and
(e) and 777(i)(1) of the Act.
Dated: June 21, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–13591 Filed 6–24–21; 8:45 am]
International Trade Administration
[A–469–823]
Utility Scale Wind Towers From Spain:
Final Determination of Sales at Less
Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
The Department of Commerce
(Commerce) determines that imports of
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 is July 1, 2019, through
June 30, 2020.
SUMMARY:
DATES:
Applicable June 25, 2021.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros or Christopher
Maciuba, 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 or
(202) 482–0413, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 2, 2021, Commerce
published in the Federal Register its
affirmative preliminary determination
in the LTFV investigation of wind
towers from Spain.1 We invited
interested parties to comment on the
Preliminary Determination. A summary
of the events that occurred since
Commerce published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum.2
BILLING CODE 3510–DS–P
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11 See
Memorandum, ‘‘Analysis for the Amended
Final Results of the Antidumping Duty
Administrative Review of Welded Carbon Steel
Standard Pipe and Tube Products from Turkey:
Borusan Istikbal Ticaret T.A.S. and Borusan
Mannesmann Boru Sanayi ve Ticaret A.S.,’’ dated
February 28, 2020.
12 See Borusan’s Final Remand Results Analysis
Memorandum.
13 See 19 CFR 351.106(c)(2).
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1 See Utility Scale Wind Towers from Spain:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, 86 FR 17354 (April 2, 2021)
(Preliminary Determination).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Utility Scale Wind Towers from
Spain,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
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Scope of the Investigation
The products covered by this
investigation are wind towers from
Spain. For a full description of the
scope of this investigation, see
Appendix I of this notice.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by parties in
this investigation are addressed in the
Issues and Decision Memorandum. A
list of the issues addressed in the Issues
and Decision Memorandum is attached
to this notice as Appendix II. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
Verification
As stated in the Preliminary
Determination, after being selected as
the mandatory respondent, Vestas
Eolica S.A.U. (Vestas) discontinued its
participation in this investigation.
Accordingly, Commerce based the
Preliminary Determination entirely on
the application of facts available with
adverse inferences (AFA), and did not
conduct verification under section
782(i) of the Tariff Act of 1930, as
amended (the Act).
Use of Adverse Facts Available
In the Preliminary Determination,
Commerce found that Vestas failed to
participate to the best of its ability in
this investigation. We also found six
other companies did not cooperate in
this investigation by failing to provide a
timely response to Commerce’s quantity
and value (Q&V) questionnaires. These
companies are: Acciona Windpower
S.A.; Gamesa Energy Transmission;
Haizea Wind Group; Kuzar Systems,
S.L.; Proyecto Integrales y Logisticos
S.A.A. (Proinlosa); and Windar
Revonables. Therefore, in the
Preliminary Determination, pursuant to
sections 776(a) and (b) of the Act, we
assigned these companies dumping
margins based on total AFA. In applying
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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices
total AFA, we assigned an estimated
weighted-average dumping margin of
73.00 percent, the sole dumping margin
alleged in the Petition,3 which is the
only dumping margin information on
the record of this investigation, and
which Commerce corroborated to the
extent practicable within the meaning of
section 776(c) of the Act.
With respect to Proinlosa, in light of
information provided following the
Preliminary Determination, we
determine that Proinlosa attempted to
contact Commerce in a timely manner
regarding the Q&V questionnaire in an
effort to timely submit its Q&V
questionnaire response. Accordingly,
having considered the facts and
circumstances surrounding Proinlosa’s
Q&V response, we no longer find that
application of total AFA is appropriate
with respect to Proinlosa. For further
discussion of our decision concerning
Proinlosa, see the Issues and Decision
Memorandum. For all other companies,
i.e., Vestas and the five companies that
failed to respond to Commerce’s Q&V
questionnaire, we continue to find the
application of total AFA, pursuant to
sections 776(a) and (b) of the Act, is
warranted.
Changes Since the Preliminary
Determination
Based on our analysis of comments
received, we have modified our
treatment of Proinlosa.
All-Others Rate
As discussed in the Preliminary
Determination, Commerce based the
estimated weighted-average dumping
margin for all other producers and
exporters on the only dumping margin
alleged in the Petition, pursuant to
section 735(c)(5)(B) of the Act. We made
no changes to this rate for this final
determination.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
lotter on DSK11XQN23PROD with NOTICES1
Exporter/producer
Dumping
margin
(percent)
Disclosure
The estimated weighted-average
dumping margins assigned to the
mandatory respondent and nonresponsive companies in this
investigation are based on total AFA.
These rates are based on information
from the Petition, and are unchanged
from the Preliminary Determination.
Accordingly, there are no calculations to
disclose for this final determination.
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, for this final
determination, we will direct U.S.
Customs and Border Protection (CBP) to
continue to suspend liquidation of all
entries of wind towers from Spain, as
described in Appendix I of this notice,
which are entered, or withdrawn from
warehouse, for consumption on or after
April 2, 2021, the date of publication in
the Federal Register of the affirmative
Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), we will
instruct CBP to require a cash deposit
for such entries of merchandise equal to
the estimated weighted-average
dumping margin as follows: (1) The
cash deposit rate for the companies
listed in the table above will be equal to
the company-specific estimated
weighted-average dumping margin
identified for that company; (2) if the
exporter is not a company identified
above, but the producer is, then the cash
deposit rate will be equal to the
estimated weighted-average dumping
margin established for that producer of
the subject merchandise; and (3) the
cash deposit rate for all other producers
and exporters will be equal to the allothers estimated weighted-average
dumping margin.
These suspension of liquidation
instructions will remain in effect until
further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Vestas Eolica S.A.U .............
73.00 Trade Commission (ITC) of the final
Acciona Windpower S.A .......
73.00 affirmative determination of sales at
Gamesa Energy TransLTFV. Because Commerce’s final
mission ..............................
73.00 determination is affirmative, in
Haizea Wind Group ..............
73.00 accordance with section 735(b)(2) of the
Kuzar Systems, S.L ..............
73.00
Windar Renovables ..............
73.00 Act, the ITC will make its final
All Others ..............................
73.00 determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
3 See Petitioner’s Letter, ‘‘Utility Scale Wind
material injury, by reason of imports, or
Towers from India, Malaysia and Spain: Petitions
sales (or the likelihood of sales) for
for the Imposition of Antidumping and
importation of wind towers from Spain
Countervailing Duties,’’ dated September 30, 2020
(Petition).
no later than 45 days after this final
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33657
determination. If the ITC determines
that such injury does not exist, this
proceeding will be terminated, and all
cash deposits will be refunded. If the
ITC determines that such injury does
exist, Commerce will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Commerce, antidumping duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Notification Regarding Administrative
Protective Orders
This notice serves as a reminder to
parties subject to an 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 return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
determination and notice in accordance
with sections 735(d) and 777(i)(1) of the
Act, and 19 CFR 351.210(c).
Dated: June 14, 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
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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices
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 Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary
Determination
V. Discussion of the Issues
Comment 1: Whether Commerce Should
Have Selected Siemens Gamesa
Renewable Energy (SGRE) as a
Mandatory Respondent
Comment 2: Whether Commerce Should
List All Non-Responsive Companies in
the Federal Register Notice
VI. Recommendation
[FR Doc. 2021–13547 Filed 6–24–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–840]
Certain Frozen Warmwater Shrimp
From India: Preliminary Results of
Antidumping Duty Administrative
Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain frozen warmwater shrimp
(shrimp) from India is being, or is likely
to be, sold in the United States at less
than normal value during the period of
review (POR) February 1, 2019, through
January 31, 2020.
DATES: Effective June 25, 2021.
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AGENCY:
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19:32 Jun 24, 2021
Jkt 253001
FOR FURTHER INFORMATION CONTACT:
Adam Simons or Ajay Menon, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6172 or (202) 482–1992,
respectively.
Background
Commerce is conducting an
administrative review of the
antidumping duty order on shrimp from
India. The review covers 155 producers
and/or exporters of the subject
merchandise. Commerce selected two
mandatory respondents for individual
examination: RSA Marines and HN
Indigos. The POR is February 1, 2019,
through January 31, 2020. On April 24,
2020, Commerce tolled all deadlines in
administrative reviews by 50 days.1 On
July 21, 2020, Commerce tolled all
deadlines in administrative reviews by
an additional 60 days.2 In January 2021,
we extended these preliminary results
of this review to no later than June 18,
2021.3 For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.4
Scope of the Order
The merchandise subject to the order
is certain frozen warmwater shrimp.5
The product is currently classified
under the following Harmonized Tariff
Schedule of the United States (HTSUS)
item numbers: 0306.17.00.03,
1 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of the 2019–2020 Antidumping
Duty Administrative Review,’’ dated January 26,
2021. However, on June 17, 2021, the President
signed into law the Juneteenth National
Independence Day Act, making June 19 a Federal
holiday. See Juneteenth National Independence Day
Act, S. 475, Public Law 117–17 (2021). Because the
Federal holiday fell on a Saturday, it was observed
on Friday, June 18, 2021. Where a deadline falls on
a weekend or Federal holiday, the appropriate
deadline is the next business day. See Notice of
Clarification: Application of ‘‘Next Business Day’’
Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70
FR 24533 (May 10, 2005). Accordingly, the deadline
for these preliminary results is on June 21, 2021.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2019–2020
Administrative Review of the Antidumping Duty
Order on Certain Frozen Warmwater Shrimp from
India,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
5 For a complete description of the scope of the
order, see Preliminary Decision Memorandum.
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0306.17.00.06, 0306.17.00.09,
0306.17.00.12, 0306.17.00.15,
0306.17.00.18, 0306.17.00.21,
0306.17.00.24, 0306.17.00.27,
0306.17.00.40, 1605.21.10.30, and
1605.29.10.10. Although the HTSUS
numbers are provided for convenience
and for customs purposes, the written
product description remains dispositive.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(2) of
the Tariff Act of 1930, as amended (the
Act). Export price is calculated in
accordance with section 772 of the Act.
Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. 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/. A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as an Appendix to this notice.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine that weightedaverage dumping margins exist for the
respondents for the period February 1,
2019, through January 31, 2020, as
follows:
Exporter/producer
RSA Marines ........................
HN Indigos ............................
Companies Not Selected for
Individual Review 6 ............
Weightedaverage
dumping
margin
(percent)
4.73
11.36
7.57
Review-Specific Average Rate for
Companies Not Selected for Individual
Review
The exporters or producers not
selected for individual review are listed
in Appendix II.
6 This rate is based on the weighted-average of the
margins calculated for those companies selected for
individual review using the publicly-ranged U.S.
quantities. Because we cannot apply our normal
methodology of calculating a weighted-average
margin due to requests to protect business
proprietary information, we find this rate to be the
best proxy of the actual weighted-average margin
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]]>Agencies
[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Notices]
[Pages 33656-33658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13547]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-823]
Utility Scale Wind Towers From Spain: Final Determination of
Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of 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 is July 1, 2019, through June 30, 2020.
DATES: Applicable June 25, 2021.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Christopher
Maciuba, 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
or (202) 482-0413, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 2, 2021, Commerce published in the Federal Register its
affirmative preliminary determination in the LTFV investigation of wind
towers from Spain.\1\ We invited interested parties to comment on the
Preliminary Determination. A summary of the events that occurred since
Commerce published the Preliminary Determination, as well as a full
discussion of the issues raised by parties for this final
determination, may be found in the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Utility Scale Wind Towers from Spain: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, 86 FR
17354 (April 2, 2021) (Preliminary Determination).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Utility Scale Wind Towers from Spain,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are wind towers from
Spain. For a full description of the scope of this investigation, see
Appendix I of this notice.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
parties in this investigation are addressed in the Issues and Decision
Memorandum. A list of the issues addressed in the Issues and Decision
Memorandum is attached to this notice as Appendix II. The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
Verification
As stated in the Preliminary Determination, after being selected as
the mandatory respondent, Vestas Eolica S.A.U. (Vestas) discontinued
its participation in this investigation. Accordingly, Commerce based
the Preliminary Determination entirely on the application of facts
available with adverse inferences (AFA), and did not conduct
verification under section 782(i) of the Tariff Act of 1930, as amended
(the Act).
Use of Adverse Facts Available
In the Preliminary Determination, Commerce found that Vestas failed
to participate to the best of its ability in this investigation. We
also found six other companies did not cooperate in this investigation
by failing to provide a timely response to Commerce's quantity and
value (Q&V) questionnaires. These companies are: Acciona Windpower
S.A.; Gamesa Energy Transmission; Haizea Wind Group; Kuzar Systems,
S.L.; Proyecto Integrales y Logisticos S.A.A. (Proinlosa); and Windar
Revonables. Therefore, in the Preliminary Determination, pursuant to
sections 776(a) and (b) of the Act, we assigned these companies dumping
margins based on total AFA. In applying
[[Page 33657]]
total AFA, we assigned an estimated weighted-average dumping margin of
73.00 percent, the sole dumping margin alleged in the Petition,\3\
which is the only dumping margin information on the record of this
investigation, and which Commerce corroborated to the extent
practicable within the meaning of section 776(c) of the Act.
---------------------------------------------------------------------------
\3\ 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).
---------------------------------------------------------------------------
With respect to Proinlosa, in light of information provided
following the Preliminary Determination, we determine that Proinlosa
attempted to contact Commerce in a timely manner regarding the Q&V
questionnaire in an effort to timely submit its Q&V questionnaire
response. Accordingly, having considered the facts and circumstances
surrounding Proinlosa's Q&V response, we no longer find that
application of total AFA is appropriate with respect to Proinlosa. For
further discussion of our decision concerning Proinlosa, see the Issues
and Decision Memorandum. For all other companies, i.e., Vestas and the
five companies that failed to respond to Commerce's Q&V questionnaire,
we continue to find the application of total AFA, pursuant to sections
776(a) and (b) of the Act, is warranted.
Changes Since the Preliminary Determination
Based on our analysis of comments received, we have modified our
treatment of Proinlosa.
All-Others Rate
As discussed in the Preliminary Determination, Commerce based the
estimated weighted-average dumping margin for all other producers and
exporters on the only dumping margin alleged in the Petition, pursuant
to section 735(c)(5)(B) of the Act. We made no changes to this rate for
this final determination.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
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
Windar Renovables....................................... 73.00
All Others.............................................. 73.00
------------------------------------------------------------------------
Disclosure
The estimated weighted-average dumping margins assigned to the
mandatory respondent and non-responsive companies in this investigation
are based on total AFA. These rates are based on information from the
Petition, and are unchanged from the Preliminary Determination.
Accordingly, there are no calculations to disclose for this final
determination.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, for this final
determination, we will direct U.S. Customs and Border Protection (CBP)
to continue to suspend liquidation of all entries of wind towers from
Spain, as described in Appendix I of this notice, which are entered, or
withdrawn from warehouse, for consumption on or after April 2, 2021,
the date of publication in the Federal Register of the affirmative
Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the estimated weighted-average dumping
margin as follows: (1) The cash deposit rate for the companies listed
in the table above will be equal to the company-specific estimated
weighted-average dumping margin identified for that company; (2) if the
exporter is not a company identified above, but the producer is, then
the cash deposit rate will be equal to the estimated weighted-average
dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all-others estimated weighted-average
dumping margin.
These suspension of liquidation instructions will remain in effect
until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports, or sales (or the likelihood of
sales) for importation of wind towers from Spain no later than 45 days
after this final determination. If the ITC determines that such injury
does not exist, this proceeding will be terminated, and all cash
deposits will be refunded. If the ITC determines that such injury does
exist, Commerce will issue an antidumping duty order directing CBP to
assess, upon further instruction by Commerce, antidumping duties on all
imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation, as discussed above in the ``Continuation of
Suspension of Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice serves as a reminder to parties subject to an
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 return or destruction of APO materials, or conversion
to judicial protective order, is hereby requested. Failure to comply
with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing this determination and notice in
accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR
351.210(c).
Dated: June 14, 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
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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 Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Whether Commerce Should Have Selected Siemens Gamesa
Renewable Energy (SGRE) as a Mandatory Respondent
Comment 2: Whether Commerce Should List All Non-Responsive
Companies in the Federal Register Notice
VI. Recommendation
[FR Doc. 2021-13547 Filed 6-24-21; 8:45 am]
BILLING CODE 3510-DS-P
