Utility Scale Wind Towers From Malaysia: Final Affirmative Determination of Sales at Less Than Fair Value, 56894-56896 [2021-22247]
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56894
Federal Register / Vol. 86, No. 195 / Wednesday, October 13, 2021 / Notices
published for the most recent period; (3)
for all Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate
(including TMM, which claimed no
shipments, but has not been found to be
separate from China-wide entity), the
cash deposit rate will be China-wide
rate of 141.49 percent; and (4) for all
non-Chinese exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to Chinese
exporter(s) that supplied that nonChinese exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary 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
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.221(b)(4).
Dated: October 6, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–22240 Filed 10–12–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–821]
Utility Scale Wind Towers From
Malaysia: 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
Malaysia 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.
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AGENCY:
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Jerry
Huang, 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) 482–4047.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
On May 24, 2021, Commerce
published in the Federal Register a
preliminary negative determination in
the LTFV investigation of wind towers
from Malaysia.1 Commerce invited
interested parties to comment on the
Preliminary Determination.2 On August
23, 2021, we issued a post-preliminary
determination to address the
petitioner’s 3 allegation that Commerce
should determine normal value (NV)
under section 773(d) of the Tariff Act of
1930, as amended (the Act), with
respect to CS Wind Corporation and CS
Wind Malaysia Sdn Bhd (collectively,
CS Wind).4 5 On August 31, 2021, we
received case briefs from CS Wind and
the petitioner.6 On September 8, 2021,
we received rebuttal briefs from CS
Wind and the petitioner.7 On September
22, 2021, we held a public hearing at the
request of the petitioner.8 A summary of
the events that occurred since
Commerce published the Preliminary
Determination, may be found in the
Issues and Decision Memorandum.9
Scope of the Investigation
The products covered by this
investigation are wind towers from
1 See Utility Scale Wind Towers from Malaysia:
Preliminary Determination of Sales at Not Less
Than Fair Value and Postponement of Final
Determination, 86 FR 27828 (May 24, 2021)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 See Preliminary Determination, 86 FR at 27829.
3 The petitioner in this investigation is the Wind
Tower Trade Coalition, whose members are Arcosa
Wind Towers Inc. and Broadwind Towers, Inc.
4 See Petitioner’s Letter, ‘‘Utility Scale Wind
Towers from Malaysia: Multinational Corporation
Allegation,’’ dated February 2, 2021.
5 See Memorandum, ‘‘Post-Preliminary Decision
Memorandum in the Less-Than-Fair-Value
Investigation of Utility Scale Wind Towers from
Malaysia,’’ dated August 23, 2021.
6 See CS Wind’s Letter, ‘‘CS Wind’ Case Brief,’’
dated August 31, 2021; and Petitioner’s Letter,
‘‘Case Brief,’’ dated August 31, 2021.
7 See CS Wind’s Letter, ‘‘CS Wind’s Rebuttal
Brief,’’ dated September 8, 2021; and Petitioner’s
Letter, ‘‘Petitioner’s Rebuttal Brief,’’ dated
September 8, 2021.
8 See Transcript to Public Hearing, dated
September 22, 2021.
9 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Utility Scale Wind Towers from
Malaysia,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
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Malaysia. 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
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation.
However, we took additional steps in
lieu of an on-site verification to verify
the information relied upon in making
this final determination, in accordance
with section 782(i) of the Act.10
Changes Since the Preliminary
Determination
Based on our review of the record and
comments received from interested
parties, we made certain changes to our
calculation of CS Wind’s dumping
margin. For a discussion of these
changes, see the Issues and Decision
Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act,
provides that Commerce shall determine
an estimated all-others rate for all
exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
Commerce determined an estimated
weighted-average dumping margin for
the individually-examined respondent,
i.e., CS Wind, that is not zero, de
10 See Commerce’s In-Lieu-Of-Verification
Questionnaire, dated August 13, 2021; see also CS
Wind’s Letter, ‘‘Utility Scale Wind Towers from
Malaysia: In Lieu of Verification Questionnaire
Response,’’ dated August 23, 2021.
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Federal Register / Vol. 86, No. 195 / Wednesday, October 13, 2021 / Notices
minimis, or determined entirely under
section 776 of the Act. Therefore, we are
assigning the dumping margin
calculated for the sole mandatory
respondent as the all-others rate for this
final determination.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Dumping margin
(percent)
Exporter/producer
CS Wind Corporation/CS Wind Malaysia Sdn Bhd .....................................................................................
All Others .....................................................................................................................................................
Disclosure
Commerce intends to disclose its
calculations and analysis performed in
this final determination within five days
of any public announcement or, if there
is no public announcement, within five
days of the date of publication of this
notice in accordance with 19 CFR
351.224(b).
Suspension of Liquidation
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In accordance with section
735(c)(1)(B) and (C) of the Act, for this
final determination, we will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of all appropriate
entries of wind towers from Malaysia, as
described in Appendix I of this notice,
which were entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register.
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 respondent listed
above will be equal to the companyspecific 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 the 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.
affirmative determination of sales at
LTFV. Because Commerce’s final
determination is affirmative, in
accordance with section 735(b)(3) 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
Malaysia no later than 75 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 ‘‘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
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of this final
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).
3.20
3.20
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Cash deposit rate
(adjusted for
subsidy offsets) 11
(percent)
0.00
0.00
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
11 See Memorandum, ‘‘Export Subsidies Found in
the Companion Countervailing Duty Investigation,’’
dated concurrently with this notice.
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Federal Register / Vol. 86, No. 195 / Wednesday, October 13, 2021 / Notices
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 Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary
Determination
IV. Discussion of the Issues
Comment 1: Collapsing CS Wind Malaysia
with CS Wind Corporation
Comment 2: Total Adverse Facts Available
(AFA) for CS Wind
Comment 3: Date of Sale
Comment 4: Fees for Certain U.S. Sales
Comment 5: Steel Consumption for Door
Frames
Comment 6: General and Administrative
(G&A) Expense Ratio
Comment 7: Steel Plate Costs
Comment 8: Application of the
Multinational Corporation (MNC)
Provision to Non-Market Economy
(NME) Countries
Comment 9: Constructed Value (CV) Profit
and CV Selling Expense Ratios
Comment 10: Double Counting of Foreign
Currency Translation Gains and Losses
V. Recommendation
[FR Doc. 2021–22247 Filed 10–12–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–898]
Utility Scale Wind Towers From India:
Final Affirmative Countervailing Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
utility scale wind towers (wind towers)
from India. The period of investigation
is April 1, 2019, through March 31,
2020.
DATES: Applicable October 13, 2021.
FOR FURTHER INFORMATION CONTACT:
David Crespo or Melissa Kinter, 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) 482–3693 or (202) 482–1413,
respectively.
SUPPLEMENTARY INFORMATION:
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Background
On March 25, 2021, Commerce
published the Preliminary
Determination of the countervailing
duty (CVD) investigation, which aligned
the final determination in this CVD
investigation with the final
determination in the companion
antidumping duty investigation of wind
towers from India.1 Commerce invited
interested parties to comment on the
Preliminary Determination. On July 20,
2021, we received case briefs from the
Government of India, Vestas Wind
Technology India Private Limited
(Vestas); Anand Engineering Products
Private Limited, Windar Renewable
Energy Private Limited, and GRI Towers
India Private Limited (collectively, the
tollers); and the Wind Tower Trade
Coalition (the petitioner).2 On July 27,
2021, we received rebuttal briefs from
Vestas, the tollers, and the petitioner.3
On September 1, 2021, we held a public
hearing at the request of Vestas, the
tollers, and the petitioner.4
A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, are
discussed in the Issues and Decision
Memorandum.5
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs by parties in
this investigation are discussed in the
Issues and Decision Memorandum. A
list of the issues that parties raised 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.
Scope of the Investigation
The products covered by this
investigation are wind towers from
India. For a complete description of the
scope of the investigation, see Appendix
I.
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce determines that there is a
subsidy, i.e., a financial contribution by
an ‘‘authority’’ that gives rise to a
benefit to the recipient, and that the
subsidy is specific.7 For a full
description of the methodology
underlying our final determination, see
the Issues and Decision Memorandum.
As discussed in the Issues and
Decision Memorandum, because several
respondents did not act to the best of
their ability in responding to our
requests for information, we drew
adverse inferences, where appropriate,
in selecting from among the facts
otherwise available, pursuant to
1 See Utility Scale Wind Towers from India:
Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
Determination with Final Antidumping Duty
Determination, 86 FR 15897 (March 25, 2021)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Petitioner’s Letter, ‘‘Utility Scale Wind
Towers from India: Petitioner’s Case Brief,’’ dated
July 20, 2021; GOI’s Letter, ‘‘CVD Investigation—
Utility Scale Wind Towers from India: Case Brief
on Behalf of Government of India,’’ dated July 20,
2021; Vestas’s Letter, ‘‘Utility Scale Wind Towers
from India: Case Brief,’’ dated July 20, 2021; and
Tollers’ Letter, ‘‘Certain Utility Scale Wind Towers
from India (C–533–898): Case Brief on Behalf of
Tolling Service Providers,’’ dated July 20, 2021.
3 See Petitioner’s Letter, ‘‘Utility Scale Wind
Towers from India: Petitioner’s Rebuttal Brief,’’
dated July 27, 2021; Vestas’s Letter, ‘‘Utility Scale
Wind Towers from India: Rebuttal Brief,’’ dated July
27, 2021; and Tollers’ Letter, ‘‘Certain Utility Scale
Wind Towers from India (C–533–898): Rebuttal
Brief on Behalf of Respondents/Tolling Service
Providers,’’ dated July 27, 2021.
4 See Hearing Transcript, ‘‘Countervailing Duty
Investigation on Utility-Scale Wind Towers from
India,’’ dated September 1, 2021.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Countervailing Duty Investigation of Utility Scale
Wind Towers from India,’’ dated concurrently with,
and hereby adopted by this notice (Issues and
Decision Memorandum).
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Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation.
However, we took additional steps in
lieu of an on-site verification to verify
the information relied upon in making
this final determination, in accordance
with section 782(i) of the Tariff Act of
1930, as amended (the Act).6
6 See GRI Towers’ Letter, ‘‘Certain Utility Scale
Wind Towers from India (C–533–898): Submission
of In-Lieu-Of-Verification (ILOV) Questionnaire
Response—GRI India,’’ dated July 13, 2021; Vestas’s
Letter, ‘‘Utility Scale Wind Towers from India:
Response to the In Lieu of On-site Verification
(ILOV) Questionnaire,’’ dated July 13, 2021; and
Windar’s Letter, ‘‘Certain Utility Scale Wind
Towers from India (C–533–898): Submission of InLieu-Of-Verification (ILOV) Questionnaire
Response—Windar India,’’ dated August 31, 2021.
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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Agencies
[Federal Register Volume 86, Number 195 (Wednesday, October 13, 2021)]
[Notices]
[Pages 56894-56896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22247]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-821]
Utility Scale Wind Towers From Malaysia: 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 Malaysia 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: Jerry Huang, 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) 482-4047.
SUPPLEMENTARY INFORMATION:
Background
On May 24, 2021, Commerce published in the Federal Register a
preliminary negative determination in the LTFV investigation of wind
towers from Malaysia.\1\ Commerce invited interested parties to comment
on the Preliminary Determination.\2\ On August 23, 2021, we issued a
post-preliminary determination to address the petitioner's \3\
allegation that Commerce should determine normal value (NV) under
section 773(d) of the Tariff Act of 1930, as amended (the Act), with
respect to CS Wind Corporation and CS Wind Malaysia Sdn Bhd
(collectively, CS Wind).4 5 On August 31, 2021, we received
case briefs from CS Wind and the petitioner.\6\ On September 8, 2021,
we received rebuttal briefs from CS Wind and the petitioner.\7\ On
September 22, 2021, we held a public hearing at the request of the
petitioner.\8\ A summary of the events that occurred since Commerce
published the Preliminary Determination, may be found in the Issues and
Decision Memorandum.\9\
---------------------------------------------------------------------------
\1\ See Utility Scale Wind Towers from Malaysia: Preliminary
Determination of Sales at Not Less Than Fair Value and Postponement
of Final Determination, 86 FR 27828 (May 24, 2021) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
\2\ See Preliminary Determination, 86 FR at 27829.
\3\ The petitioner in this investigation is the Wind Tower Trade
Coalition, whose members are Arcosa Wind Towers Inc. and Broadwind
Towers, Inc.
\4\ See Petitioner's Letter, ``Utility Scale Wind Towers from
Malaysia: Multinational Corporation Allegation,'' dated February 2,
2021.
\5\ See Memorandum, ``Post-Preliminary Decision Memorandum in
the Less-Than-Fair-Value Investigation of Utility Scale Wind Towers
from Malaysia,'' dated August 23, 2021.
\6\ See CS Wind's Letter, ``CS Wind' Case Brief,'' dated August
31, 2021; and Petitioner's Letter, ``Case Brief,'' dated August 31,
2021.
\7\ See CS Wind's Letter, ``CS Wind's Rebuttal Brief,'' dated
September 8, 2021; and Petitioner's Letter, ``Petitioner's Rebuttal
Brief,'' dated September 8, 2021.
\8\ See Transcript to Public Hearing, dated September 22, 2021.
\9\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Utility Scale Wind Towers from Malaysia,'' 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
Malaysia. 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
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of an on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Act.\10\
---------------------------------------------------------------------------
\10\ See Commerce's In-Lieu-Of-Verification Questionnaire, dated
August 13, 2021; see also CS Wind's Letter, ``Utility Scale Wind
Towers from Malaysia: In Lieu of Verification Questionnaire
Response,'' dated August 23, 2021.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our review of the record and comments received from
interested parties, we made certain changes to our calculation of CS
Wind's dumping margin. For a discussion of these changes, see the
Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act, provides that Commerce shall
determine an estimated all-others rate for all exporters and producers
not individually examined. This rate shall be an amount equal to the
weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any zero and de minimis margins, and any margins determined
entirely under section 776 of the Act.
Commerce determined an estimated weighted-average dumping margin
for the individually-examined respondent, i.e., CS Wind, that is not
zero, de
[[Page 56895]]
minimis, or determined entirely under section 776 of the Act.
Therefore, we are assigning the dumping margin calculated for the sole
mandatory respondent as the all-others rate for this final
determination.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
---------------------------------------------------------------------------
\11\ See Memorandum, ``Export Subsidies Found in the Companion
Countervailing Duty Investigation,'' dated concurrently with this
notice.
------------------------------------------------------------------------
Cash deposit rate
Dumping margin (adjusted for
Exporter/producer (percent) subsidy offsets)
11 (percent)
------------------------------------------------------------------------
CS Wind Corporation/CS Wind 3.20 0.00
Malaysia Sdn Bhd.................
All Others........................ 3.20 0.00
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose its calculations and analysis
performed in this final determination within five days of any public
announcement or, if there is no public announcement, within five days
of the date of publication of this notice in accordance with 19 CFR
351.224(b).
Suspension of Liquidation
In accordance with section 735(c)(1)(B) and (C) of the Act, for
this final determination, we will direct U.S. Customs and Border
Protection (CBP) to suspend liquidation of all appropriate entries of
wind towers from Malaysia, as described in Appendix I of this notice,
which were entered, or withdrawn from warehouse, for consumption on or
after the date of publication of this notice in the Federal Register.
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 respondent 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 the 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)(3) 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 Malaysia no later than 75
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 ``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).
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
[[Page 56896]]
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 Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Collapsing CS Wind Malaysia with CS Wind Corporation
Comment 2: Total Adverse Facts Available (AFA) for CS Wind
Comment 3: Date of Sale
Comment 4: Fees for Certain U.S. Sales
Comment 5: Steel Consumption for Door Frames
Comment 6: General and Administrative (G&A) Expense Ratio
Comment 7: Steel Plate Costs
Comment 8: Application of the Multinational Corporation (MNC)
Provision to Non-Market Economy (NME) Countries
Comment 9: Constructed Value (CV) Profit and CV Selling Expense
Ratios
Comment 10: Double Counting of Foreign Currency Translation
Gains and Losses
V. Recommendation
[FR Doc. 2021-22247 Filed 10-12-21; 8:45 am]
BILLING CODE 3510-DS-P