Utility Scale Wind Towers From Spain: Antidumping Duty Order, 45707-45708 [2021-17406]
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lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices
software or technology (hereinafter
collectively referred to as ‘‘item’’)
exported or to be exported from the
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Regulations, including, but not limited
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A. Applying for, obtaining, or using
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C. Benefitting in any way from any
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or to be exported from the United States
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from any other activity subject to the
Regulations.
Second, no person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
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or will be exported from the United
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Regulations with knowledge or reason
to know that the item will be, or is
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E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
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controlled by the Denied Person if such
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subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
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17:21 Aug 13, 2021
Jkt 253001
Third, pursuant to Section 1760(e) of
the Export Control Reform Act (50
U.S.C. 4819(e)) and Sections 766.23 and
766.25 of the Regulations, any other
person, firm, corporation, or business
organization related to Taerri by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with Part 756 of
the Regulations, Taerri may file an
appeal of this Order with the Under
Secretary of Commerce for Industry and
Security. The appeal must be filed
within 45 days from the date of this
Order and must comply with the
provisions of Part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to Taerri and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until June 4, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021–17454 Filed 8–13–21; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–823]
Utility Scale Wind Towers From Spain:
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing an antidumping
duty order on utility scale wind towers
(wind towers) from Spain.
DATES: Applicable August 16, 2021.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros or Christopher
Maciuba, AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–7425 or
(202) 482–0413.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 25, 2021, Commerce
published its affirmative final
determination in the less-than-fair-value
(LTFV) investigation of wind towers
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Fmt 4703
Sfmt 4703
45707
from Spain.1 On August 9, 2021, the ITC
notified Commerce of its final
affirmative determination that an
industry in the United States is
materially injured within the meaning
of section 735(b)(1)(A)(i) of the Tariff
Act of 1930, as amended (the Act), by
reason of imports of wind towers from
Spain that are sold in the United States
at LTFV.2
Scope of the Order
The products covered by this order
are wind towers. For a complete
description of the scope of the order, see
the appendix to this notice.
Antidumping Duty Order
On August 9, 2021, in accordance
with sections 735(b)(1)(A)(i) and 735(d)
of the Act, the ITC notified Commerce
of its final determination that an
industry in the United States is
materially injured by reason of imports
of wind towers from Spain. Therefore,
in accordance with sections 735(c)(2) of
the Act, Commerce is issuing this
antidumping duty order. Because the
ITC determined that imports of wind
towers from Spain are materially
injuring a U.S. industry, unliquidated
entries of such merchandise from Spain,
which are entered or withdrawn from
warehouse for consumption, are subject
to the assessment of antidumping
duties.
In accordance with section 736(b)(1)
of the Act, Commerce will instruct U.S.
Customs and Border Protection (CBP) to
assess, upon further instruction by
Commerce, antidumping duties equal to
the amount by which the normal value
of the merchandise exceeds the export
price (or constructed export price) of the
merchandise, for all relevant entries of
wind towers from Spain. Antidumping
duties will be assessed on unliquidated
entries of wind towers from Spain
which are entered, or withdrawn from
warehouse, for consumption on or after
April 2, 2021, the date of publication of
the Preliminary Determination.3
Suspension of Liquidation and Cash
Deposits
In accordance with section 736 of the
Act, Commerce will instruct CBP to
reinstitute the suspension of liquidation
of all relevant entries of wind towers
from Spain as described in the
1 See Utility Scale Wind Towers from Spain: Final
Determination of Sales at Less Than Fair Value, 86
FR 33656 (June 25, 2021) (Final Determination).
2 See ITC Letter, ‘‘Notification of ITC Final
Determinations,’’ dated August 9, 2021.
3 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), and accompanying
Preliminary Decision Memorandum.
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16AUN1
45708
Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices
Appendix to this notice which are
entered, or withdrawn from warehouse
for consumption, on or after the date of
publication of the ITC’s notice of final
determination in the Federal Register.
These instructions suspending
liquidation will remain in effect until
further notice.
We will also instruct CBP to require
cash deposits for estimated antidumping
duties equal to the rates listed below.
Accordingly, effective on the date of
publication in the Federal Register of
the ITC’s final affirmative injury
determination, CBP will require, at the
same time as importers would normally
deposit estimated duties on this subject
merchandise, a cash deposit equal to the
cash deposit rates listed below.4 The allothers rate applies to all producers or
exporters not specifically listed, as
appropriate.
Estimated Weighted-Average Dumping
Margins
The weighted-average dumping
margins for the antidumping duty order
are as follows:
Exporter/producer
lotter on DSK11XQN23PROD with NOTICES1
Vestas Eolica S.A.U .............
Acciona Windpower S.A .......
Gamesa Energy Transmission ..............................
Haizea Wind Group ..............
Kuzar Systems, S.L ..............
Windar Renovables ..............
All Others ..............................
Dumping
margin
(percent)
73.00
73.00
73.00
73.00
73.00
73.00
73.00
section 736(a)(3) of the Act.
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17:21 Aug 13, 2021
Jkt 253001
Notifications to Interested Parties
This notice constitutes the
antidumping duty order with respect to
wind towers from Spain pursuant to
section 736(a) of the Act. Interested
parties can find a list of antidumping
duty orders currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
This order is published in accordance
with section 736(a) of the Act and 19
CFR 351.211(b).
Dated: August 10, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix
Provisional Measures
Section 733(d) of the Act states that
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request Commerce extended the fourmonth period to no more than six
months. Commerce published the
Preliminary Determination on April 2,
2021. The four-month period beginning
on the date of publication of the
Preliminary Determination ended on
July 30, 2021. Furthermore, section
737(b) of the Act states that definitive
duties are to begin on the date of
publication of the ITC’s final injury
determination.
Therefore, in accordance with section
733(d) of the Act, we will instruct CBP
to terminate the suspension of
liquidation and to liquidate, without
regard to antidumping duties,
unliquidated entries of wind towers
4 See
from Spain entered, or withdrawn from
warehouse, for consumption after July
30, 2021, the date on which the
provisional measures expired, until and
through the day preceding the date of
publication of the ITC’s final injury
determinations in the Federal Register.
Suspension of liquidation will resume
on the date of publication of the ITC’s
final determinations in the Federal
Register.
Scope of the Order
The merchandise covered by this order
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.
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Fmt 4703
Sfmt 4703
Merchandise covered by this order 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 the order
is dispositive.
[FR Doc. 2021–17406 Filed 8–13–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Application for Export Trade
Certificate of Review
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on June 8, 2021
(86 FR 3048) during a 60-day comment
period. This notice allows for an
additional 30 days for public comments.
Agency: International Trade
Administration, Commerce.
Title: Export Trade Certificate of
Review.
OMB Control Number: 0625–0125.
Form Number(s): ITA–4093P.
Type of Request: Extension of a
current information collection.
Number of Respondents: 9.
Average Hours per Response: 32
hours (application); 2 hours (annual
report).
Burden Hours: 440 hours.
Needs and Uses: The collection of
information is necessary for both the
Departments of Commerce and Justice to
conduct an analysis, in order to
determine whether the applicant and its
members are eligible to receive the
protection of an Export Trade Certificate
of Review and whether the applicant’s
proposed export-related conduct meets
E:\FR\FM\16AUN1.SGM
16AUN1
]]>Agencies
[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Notices]
[Pages 45707-45708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17406]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-823]
Utility Scale Wind Towers From Spain: Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing an antidumping duty order on utility scale wind
towers (wind towers) from Spain.
DATES: Applicable August 16, 2021.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Christopher
Maciuba, AD/CVD Operations, Office V, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-7425
or (202) 482-0413.
SUPPLEMENTARY INFORMATION:
Background
On June 25, 2021, Commerce published its affirmative final
determination in the less-than-fair-value (LTFV) investigation of wind
towers from Spain.\1\ On August 9, 2021, the ITC notified Commerce of
its final affirmative determination that an industry in the United
States is materially injured within the meaning of section
735(b)(1)(A)(i) of the Tariff Act of 1930, as amended (the Act), by
reason of imports of wind towers from Spain that are sold in the United
States at LTFV.\2\
---------------------------------------------------------------------------
\1\ See Utility Scale Wind Towers from Spain: Final
Determination of Sales at Less Than Fair Value, 86 FR 33656 (June
25, 2021) (Final Determination).
\2\ See ITC Letter, ``Notification of ITC Final
Determinations,'' dated August 9, 2021.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are wind towers. For a complete
description of the scope of the order, see the appendix to this notice.
Antidumping Duty Order
On August 9, 2021, in accordance with sections 735(b)(1)(A)(i) and
735(d) of the Act, the ITC notified Commerce of its final determination
that an industry in the United States is materially injured by reason
of imports of wind towers from Spain. Therefore, in accordance with
sections 735(c)(2) of the Act, Commerce is issuing this antidumping
duty order. Because the ITC determined that imports of wind towers from
Spain are materially injuring a U.S. industry, unliquidated entries of
such merchandise from Spain, which are entered or withdrawn from
warehouse for consumption, are subject to the assessment of antidumping
duties.
In accordance with section 736(b)(1) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to assess, upon
further instruction by Commerce, antidumping duties equal to the amount
by which the normal value of the merchandise exceeds the export price
(or constructed export price) of the merchandise, for all relevant
entries of wind towers from Spain. Antidumping duties will be assessed
on unliquidated entries of wind towers from Spain which are entered, or
withdrawn from warehouse, for consumption on or after April 2, 2021,
the date of publication of the Preliminary Determination.\3\
---------------------------------------------------------------------------
\3\ 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), and accompanying
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Suspension of Liquidation and Cash Deposits
In accordance with section 736 of the Act, Commerce will instruct
CBP to reinstitute the suspension of liquidation of all relevant
entries of wind towers from Spain as described in the
[[Page 45708]]
Appendix to this notice which are entered, or withdrawn from warehouse
for consumption, on or after the date of publication of the ITC's
notice of final determination in the Federal Register. These
instructions suspending liquidation will remain in effect until further
notice.
We will also instruct CBP to require cash deposits for estimated
antidumping duties equal to the rates listed below. Accordingly,
effective on the date of publication in the Federal Register of the
ITC's final affirmative injury determination, CBP will require, at the
same time as importers would normally deposit estimated duties on this
subject merchandise, a cash deposit equal to the cash deposit rates
listed below.\4\ The all-others rate applies to all producers or
exporters not specifically listed, as appropriate.
---------------------------------------------------------------------------
\4\ See section 736(a)(3) of the Act.
---------------------------------------------------------------------------
Estimated Weighted-Average Dumping Margins
The weighted-average dumping margins for the antidumping duty order
are as follows:
------------------------------------------------------------------------
Dumping margin
Exporter/producer (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
------------------------------------------------------------------------
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
Commerce extended the four-month period to no more than six months.
Commerce published the Preliminary Determination on April 2, 2021. The
four-month period beginning on the date of publication of the
Preliminary Determination ended on July 30, 2021. Furthermore, section
737(b) of the Act states that definitive duties are to begin on the
date of publication of the ITC's final injury determination.
Therefore, in accordance with section 733(d) of the Act, we will
instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of wind towers from Spain entered, or withdrawn from warehouse, for
consumption after July 30, 2021, the date on which the provisional
measures expired, until and through the day preceding the date of
publication of the ITC's final injury determinations in the Federal
Register. Suspension of liquidation will resume on the date of
publication of the ITC's final determinations in the Federal Register.
Notifications to Interested Parties
This notice constitutes the antidumping duty order with respect to
wind towers from Spain pursuant to section 736(a) of the Act.
Interested parties can find a list of antidumping duty orders currently
in effect at https://enforcement.trade.gov/stats/iastats1.html.
This order is published in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: August 10, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
Scope of the Order
The merchandise covered by this order 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 order 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 the
order is dispositive.
[FR Doc. 2021-17406 Filed 8-13-21; 8:45 am]
BILLING CODE 3510-DS-P
