Utility Scale Wind Towers From India: Final Affirmative Determination of Sales at Less Than Fair Value, 56890-56892 [2021-22245]
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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.
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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
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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).
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18:01 Oct 12, 2021
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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)
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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)
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18:01 Oct 12, 2021
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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.
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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).
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]]>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
