Utility Scale Wind Towers From Malaysia: Final Affirmative Determination of Sales at Less Than Fair Value, 56894-56896 [2021-22247]

Download as PDF 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. jspears on DSK121TN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 18:01 Oct 12, 2021 Jkt 256001 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). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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. E:\FR\FM\13OCN1.SGM 13OCN1 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 jspears on DSK121TN23PROD with NOTICES1 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 18:01 Oct 12, 2021 Jkt 256001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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. VerDate Sep<11>2014 56895 E:\FR\FM\13OCN1.SGM 13OCN1 56896 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: jspears on DSK121TN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 18:01 Oct 12, 2021 Jkt 256001 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 http://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). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 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. E:\FR\FM\13OCN1.SGM 13OCN1

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