Utility Scale Wind Towers From India: Final Affirmative Determination of Sales at Less Than Fair Value, 56890-56892 [2021-22245]

Download as PDF 56890 Federal Register / Vol. 86, No. 195 / Wednesday, October 13, 2021 / Notices deposit rate for all other producers or exporters will continue to be 0.98 percent,5 the all-others rate established in the LTFV investigation, adjusted for the export-subsidy rate in the companion countervailing duty investigation. These cash deposit requirements, when imposed, shall remain in effect until further notice. 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 POR. Failure to comply with this requirement could result in the Commerce’s presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Order This notice also serves as a final reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/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 violation subject to sanction. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Dated: October 6, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum jspears on DSK121TN23PROD with NOTICES1 I. Summary II. Background III. Scope of the Order IV. Discussion of the Issue Comment 1: Whether Commerce Should Adjust Hyundai Steel’s Costs for Non-Prime Products V. Recommendation [FR Doc. 2021–22249 Filed 10–12–21; 8:45 am] BILLING CODE 3510–DS–P 5 See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate Products from the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2016–2017, 83 FR 32629, 32630 (July 13, 2018). VerDate Sep<11>2014 18:01 Oct 12, 2021 Jkt 256001 DEPARTMENT OF COMMERCE International Trade Administration [A–533–897] Utility Scale Wind Towers From India: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) 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) for the period of investigation July 1, 2019, through June 30, 2020. DATES: Applicable October 13, 2021. FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Amaris Wade, 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) 482–1280 or (202) 482–3874, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 24, 2021, Commerce published in the Federal Register the preliminary affirmative determination in the LTFV investigation of wind towers from India.1 Commerce invited interested parties to comment on the Preliminary Determination. On June 24, 2021, we received case briefs from Vestas Wind Technology India Private Limited (Vestas India); Anand Engineering Products Private Limited, Windar Renewable Energy Private Limited, and GRI Towers India Private Limited (collectively, Other Producers); and the Wind Tower Trade Coalition (the petitioner).2 On August 17, 2021, we held a public hearing at the request of Vestas India, the Other Producers and the petitioner.3 A summary of the events that occurred since Commerce published the Preliminary 1 See Utility Scale Wind Towers from India: Preliminary Affirmative Determinations of Sales at Less than Fair Value, 86 FR 27829 (May 24, 2021) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Vestas India’s Letter, ‘‘Vestas’ Case Brief,’’ dated June 24, 2021; see also Other Producers’ Letter, ‘‘Submission of Case Brief for ‘Other Producers,’ ’’ dated June 24, 2021; and Petitioner’s Letter, ‘‘Case Brief,’’ dated June 24, 2021. The petitioner in this investigation is the Wind Tower Trade Coalition, whose members are Arcosa Wind Towers Inc. and Broadwind Towers, Inc. 3 See Transcript to Public Hearing, dated August 17, 2021. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Determination, may be found in the Issues and Decision Memorandum.4 Scope of the Investigation The products covered by this investigation are wind towers from India. For a complete description of the scope of this investigation, see Appendix I. Analysis of Comments Received All issues raised in the case and rebuttal briefs that were 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://access.trade.gov/ public/FRNoticesListLayout.aspx. Verification Because the sole mandatory respondent in this investigation, Vestas India, did not cooperate in this investigation by failing to file a complete response to Commerce’s supplemental section D questionnaire by the established deadline, Commerce reached the Preliminary Determination entirely on the basis of facts available with the application of adverse inferences (AFA). As such, because the Preliminary Determination was based entirely on AFA, we did not conduct a verification. Use of Adverse Facts Available In the Preliminary Determination, Commerce found that the mandatory respondent, Vestas India, did not cooperate in this investigation by failing to file a complete response to Commerce’s supplemental section D questionnaire by the established deadline. We also found that five other companies did not cooperate in this investigation by failing to provide timely responses to Commerce’s quantity and value (Q&V) questionnaire. These companies are: Acciona Wind Power India Pvt. Ltd.; Nordex India Pvt. 4 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Utility Scale Wind Towers from India,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\13OCN1.SGM 13OCN1 56891 Federal Register / Vol. 86, No. 195 / Wednesday, October 13, 2021 / Notices Ltd.; Prommada Hindustan Private Ltd.; Vinayaka Energy Tek; and Zeeco India Pvt. Ltd. Therefore, in the Preliminary Determination, pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act), we assigned Vestas India and the five companies which failed to timely respond to Commerce’s Q&V questionnaire a dumping margin based on total AFA. In applying total AFA, we assigned an estimated weighted-average dumping margin of 54.03 percent, the sole dumping margin alleged in the Petition,5 which Commerce corroborated to the extent practicable within the meaning of section 776(c) of the Act. We continue to find the application of total AFA to Vestas India and the five companies which failed to respond to Commerce’s Q&V questionnaire, pursuant to sections 776(a) and (b) of the Act, is warranted in the final determination. Changes Since the Preliminary Determination Based on our analysis of comments received, we made no changes to the Preliminary Determination. 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 margin (percent) Exporter/producer Vestas Wind Technology India Private Limited ........................................................................................... Acciona Wind Power India Pvt. Ltd ............................................................................................................. Nordex India Pvt. Ltd ................................................................................................................................... Prommada Hindustan Private Ltd ............................................................................................................... Vinayaka Energy Tek .................................................................................................................................. Zeeco India Pvt. Ltd .................................................................................................................................... All Others ..................................................................................................................................................... jspears on DSK121TN23PROD with NOTICES1 Disclosure The estimated weighted-average dumping margins assigned to Vestas India and the 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 appropriate entries of wind towers from India, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after May 24, 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 equal to the estimated weighted-average dumping margin or the estimated allothers rate, as follows: (1) The cash deposit rate for the companies listed above will be equal to the companyspecific estimated weighted-average 5 See Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties,’’ dated September 30, 2020 (the Petition). VerDate Sep<11>2014 18:01 Oct 12, 2021 Jkt 256001 dumping margin determined in this final determination; (2) if the exporter is not identified above, but the producer is, then the cash deposit rate will be equal to the company-specific 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 listed above. 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 this 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 India no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, all cash 54.03 54.03 54.03 54.03 54.03 54.03 54.03 Frm 00007 Fmt 4703 Sfmt 4703 51.87 51.87 51.87 51.87 51.87 51.87 51.87 deposits posted will be refunded, and suspension of liquidation will be lifted. 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 will serve as a final reminder to the 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 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 in accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). 6 See Memorandum, ‘‘Export Subsidies Found in the Companion Countervailing Duty Investigation,’’ dated concurrently with this notice. PO 00000 Cash deposit rate (adjusted for subsidy offsets) 6 (percent) E:\FR\FM\13OCN1.SGM 13OCN1 56892 Federal Register / Vol. 86, No. 195 / Wednesday, October 13, 2021 / Notices Dated: October 6, 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. jspears on DSK121TN23PROD with NOTICES1 Appendix II—List of Sections in the Issues and Decision Memorandum I. Summary II. Background III. Discussion of the Issues Comment 1. Whether the Petitioner has Standing in This Investigation Comment 2. The Application of Adverse Facts Available (AFA) to Vestas Wind Technology India Private Limited (Vestas India) VerDate Sep<11>2014 18:01 Oct 12, 2021 Jkt 256001 Comment 3. The AFA Rate to Apply to Vestas India Comment 4. Selection of Appropriate Rate for All Other Exporters/Producers Comment 5. Whether Commerce Should Reject the Multinational Corporation (MNC) and the Particular Market Situation (PMS) Allegations IV. Recommendation [FR Doc. 2021–22245 Filed 10–12–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–896] Magnesium Metal From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2020–2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is conducting the administrative review of the antidumping duty (AD) order on magnesium metal from the People’s Republic of China (China). The period of review (POR) is April 1, 2020, through March 31, 2021. Commerce preliminarily determines that Tianjin Magnesium International Co., Ltd. (TMI) and Tianjin Magnesium Metal Co., Ltd. (TMM) did not have any shipments of subject merchandise during the POR. We invite interested parties to comment on these preliminary results. DATES: Applicable October 13, 2021. FOR FURTHER INFORMATION CONTACT: Deborah Cohen, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4521. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 1, 2021, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the AD order on magnesium metal from China for the POR.1 On June 11, 2021, in response to a timely request from US Magnesium LLC (the petitioner),2 and in accordance 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 86 FR 17137 (April 1, 2021); see also Notice of Antidumping Duty Order: Magnesium Metal from the People’s Republic of China, 70 FR 19928 (April 15, 2005) (Order). 2 See Petitioner’s Letter, ‘‘Magnesium Metal from the People’s Republic of China/Request for Administrative Review,’’ dated April 30, 2021. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.221(c)(1)(i), we initiated an administrative review of the Order with respect to TMI and TMM.3 Scope of the Order The product covered by the Order is magnesium metal from China, which includes primary and secondary alloy magnesium metal, regardless of chemistry, raw material source, form, shape, or size. Magnesium is a metal or alloy containing by weight primarily the element magnesium. Primary magnesium is produced by decomposing raw materials into magnesium metal. Secondary magnesium is produced by recycling magnesium-based scrap into magnesium metal. The magnesium covered by the Order includes blends of primary and secondary magnesium. The subject merchandise includes the following alloy magnesium metal products made from primary and/or secondary magnesium including, without limitation, magnesium cast into ingots, slabs, rounds, billets, and other shapes; magnesium ground, chipped, crushed, or machined into rasping, granules, turnings, chips, powder, briquettes, and other shapes; and products that contain 50 percent or greater, but less than 99.8 percent, magnesium, by weight, and that have been entered into the United States as conforming to an ‘‘ASTM Specification for Magnesium Alloy’’ 4 and are thus outside the scope of the existing antidumping orders on magnesium from China (generally referred to as ‘‘alloy’’ magnesium). The scope of the Order excludes: (1) All forms of pure magnesium, including chemical combinations of magnesium and other material(s) in which the pure magnesium content is 50 percent or greater, but less than 99.8 percent, by weight, that do not conform to an ‘‘ASTM Specification for Magnesium Alloy’’; 5 (2) magnesium that is in liquid or molten form; and (3) mixtures 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 86 FR 31282 (June 11, 2021). 4 The meaning of this term is the same as that used by the American Society for Testing and Materials in its Annual Book for ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys. 5 The material is already covered by existing antidumping orders. See Notice of Antidumping Duty Orders: Pure Magnesium from the People’s Republic of China, the Russian Federation and Ukraine; Notice of Amended Final Determination of Sales at Less Than Fair Value: Antidumping Duty Investigation of Pure Magnesium from the Russian Federation, 60 FR 25691 (May 12, 1995); see also Antidumping Duty Order: Pure Magnesium in Granular Form from the People’s Republic of China, 66 FR 57936 (November 19, 2001). E:\FR\FM\13OCN1.SGM 13OCN1

Agencies

[Federal Register Volume 86, Number 195 (Wednesday, October 13, 2021)]
[Notices]
[Pages 56890-56892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22245]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-897]


Utility Scale Wind Towers From India: Final 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) 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) for the 
period of investigation July 1, 2019, through June 30, 2020.

DATES: Applicable October 13, 2021.

FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Amaris Wade, 
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) 482-1280 or (202) 
482-3874, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 24, 2021, Commerce published in the Federal Register the 
preliminary affirmative determination in the LTFV investigation of wind 
towers from India.\1\ Commerce invited interested parties to comment on 
the Preliminary Determination. On June 24, 2021, we received case 
briefs from Vestas Wind Technology India Private Limited (Vestas 
India); Anand Engineering Products Private Limited, Windar Renewable 
Energy Private Limited, and GRI Towers India Private Limited 
(collectively, Other Producers); and the Wind Tower Trade Coalition 
(the petitioner).\2\ On August 17, 2021, we held a public hearing at 
the request of Vestas India, the Other Producers and the petitioner.\3\ 
A summary of the events that occurred since Commerce published the 
Preliminary Determination, may be found in the Issues and Decision 
Memorandum.\4\
---------------------------------------------------------------------------

    \1\ See Utility Scale Wind Towers from India: Preliminary 
Affirmative Determinations of Sales at Less than Fair Value, 86 FR 
27829 (May 24, 2021) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Vestas India's Letter, ``Vestas' Case Brief,'' dated 
June 24, 2021; see also Other Producers' Letter, ``Submission of 
Case Brief for `Other Producers,' '' dated June 24, 2021; and 
Petitioner's Letter, ``Case Brief,'' dated June 24, 2021. The 
petitioner in this investigation is the Wind Tower Trade Coalition, 
whose members are Arcosa Wind Towers Inc. and Broadwind Towers, Inc.
    \3\ See Transcript to Public Hearing, dated August 17, 2021.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Utility Scale Wind Towers from India,'' 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 
India. For a complete description of the scope of this investigation, 
see Appendix I.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
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://access.trade.gov/public/FRNoticesListLayout.aspx.

Verification

    Because the sole mandatory respondent in this investigation, Vestas 
India, did not cooperate in this investigation by failing to file a 
complete response to Commerce's supplemental section D questionnaire by 
the established deadline, Commerce reached the Preliminary 
Determination entirely on the basis of facts available with the 
application of adverse inferences (AFA). As such, because the 
Preliminary Determination was based entirely on AFA, we did not conduct 
a verification.

Use of Adverse Facts Available

    In the Preliminary Determination, Commerce found that the mandatory 
respondent, Vestas India, did not cooperate in this investigation by 
failing to file a complete response to Commerce's supplemental section 
D questionnaire by the established deadline. We also found that five 
other companies did not cooperate in this investigation by failing to 
provide timely responses to Commerce's quantity and value (Q&V) 
questionnaire. These companies are: Acciona Wind Power India Pvt. Ltd.; 
Nordex India Pvt.

[[Page 56891]]

Ltd.; Prommada Hindustan Private Ltd.; Vinayaka Energy Tek; and Zeeco 
India Pvt. Ltd. Therefore, in the Preliminary Determination, pursuant 
to sections 776(a) and (b) of the Tariff Act of 1930, as amended (the 
Act), we assigned Vestas India and the five companies which failed to 
timely respond to Commerce's Q&V questionnaire a dumping margin based 
on total AFA. In applying total AFA, we assigned an estimated weighted-
average dumping margin of 54.03 percent, the sole dumping margin 
alleged in the Petition,\5\ which Commerce corroborated to the extent 
practicable within the meaning of section 776(c) of the Act. We 
continue to find the application of total AFA to Vestas India and the 
five companies which failed to respond to Commerce's Q&V questionnaire, 
pursuant to sections 776(a) and (b) of the Act, is warranted in the 
final determination.
---------------------------------------------------------------------------

    \5\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties,'' dated September 30, 2020 
(the Petition).
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of comments received, we made no changes to 
the Preliminary Determination.

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:

------------------------------------------------------------------------
                                                       Cash deposit rate
                                      Dumping margin     (adjusted for
         Exporter/producer              (percent)       subsidy offsets)
                                                         \6\ (percent)
------------------------------------------------------------------------
Vestas Wind Technology India                    54.03              51.87
 Private Limited..................
Acciona Wind Power India Pvt. Ltd.              54.03              51.87
Nordex India Pvt. Ltd.............              54.03              51.87
Prommada Hindustan Private Ltd....              54.03              51.87
Vinayaka Energy Tek...............              54.03              51.87
Zeeco India Pvt. Ltd..............              54.03              51.87
All Others........................              54.03              51.87
------------------------------------------------------------------------

Disclosure
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Export Subsidies Found in the Companion 
Countervailing Duty Investigation,'' dated concurrently with this 
notice.
---------------------------------------------------------------------------

    The estimated weighted-average dumping margins assigned to Vestas 
India and the 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 appropriate entries of wind 
towers from India, as described in Appendix I of this notice, which 
were entered, or withdrawn from warehouse, for consumption on or after 
May 24, 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 equal to the 
estimated weighted-average dumping margin or the estimated all-others 
rate, as follows: (1) The cash deposit rate for the companies listed 
above will be equal to the company-specific estimated weighted-average 
dumping margin determined in this final determination; (2) if the 
exporter is not identified above, but the producer is, then the cash 
deposit rate will be equal to the company-specific 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 listed above.
    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 this 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 India no later than 45 days 
after this final determination. If the ITC determines that such injury 
does not exist, this proceeding will be terminated, all cash deposits 
posted will be refunded, and suspension of liquidation will be lifted. 
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 will serve as a final reminder to the 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 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 in accordance with 
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).


[[Page 56892]]


    Dated: October 6, 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 Sections in the Issues and Decision Memorandum

I. Summary
II. Background
III. Discussion of the Issues
    Comment 1. Whether the Petitioner has Standing in This 
Investigation
    Comment 2. The Application of Adverse Facts Available (AFA) to 
Vestas Wind Technology India Private Limited (Vestas India)
    Comment 3. The AFA Rate to Apply to Vestas India
    Comment 4. Selection of Appropriate Rate for All Other 
Exporters/Producers
    Comment 5. Whether Commerce Should Reject the Multinational 
Corporation (MNC) and the Particular Market Situation (PMS) 
Allegations
IV. Recommendation

[FR Doc. 2021-22245 Filed 10-12-21; 8:45 am]
BILLING CODE 3510-DS-P