Utility Scale Wind Towers From Spain: Notice of Court Decision Not in Harmony With the Final Determination of Less-Than-Fair-Value Investigation; Notice of Amended Final Determination; and Notice of Amended Antidumping Duty Order, 9308-9309 [2025-02448]
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KHAMMOND on DSK9W7S144PROD with NOTICES
9308
Federal Register / Vol. 90, No. 27 / Tuesday, February 11, 2025 / Notices
65, Yangiulskiy Region, Tashkent,
Uzbekistan; Alinda Chemical Trade
Company LTD, a/k/a/Alinda, with an
address at Kuskovskaya Street 20A
Entrance B, Office 409, Moscow, Russia
111141; Element Uluslararasi Nakliyat
Ve Lojistick Tic. LTD, with an address
at Sehit Polis Fethi Sekin Caddesi no:4,
Novus Tower Kat:28 D:281–282,
Bayrakli, Izmir 35530 Türkiye; Astec
Astronomy FZCO, with an address at
Dubai Silicon Oasis, DDP, Building A1
IFZA Property FZCO, Dubai, UAE, and
an address at Dubai Silicon Oasis, DDP,
Building A2 IFZY Business Park DDP,
Dubai, UAE; and AvioChem, a/k/a/Avio
Chem Doo, a/k/a/Avio Star, a/k/a
AvioNet, with an address at Aerodrom
Beograd 59, 111271 Surcin, Serbia; and
when acting for or on their behalf, any
successors or assigns, agents, or
employees (each a ‘‘Denied Person’’ and
collectively the ‘‘Denied Persons’’) may
not, directly or indirectly, participate in
any way in any transaction involving
any commodity, software or technology
(hereinafter collectively referred to as
‘‘item’’) exported or to be exported from
the United States that is subject to the
EAR, or in any other activity subject to
the EAR including, but not limited to:
A. Applying for, obtaining, or using
any license (except directly related to
safety of flight), license exception, or
export control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the EAR except directly
related to safety of flight and authorized
by BIS pursuant to section 764.3(a)(2) of
the Regulations, or engaging in any
other activity subject to the EAR except
directly related to safety of flight and
authorized by BIS pursuant to section
764.3(a)(2) of the Regulations; or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the EAR, or from any
other activity subject to the EAR except
directly related to safety of flight and
authorized by BIS pursuant to section
764.3(a)(2) of the Regulations.
Second, that no person may, directly
or indirectly, do any of the following:
A. Export, reexport, or transfer (incountry) to or on behalf of the
Respondents any item subject to the
EAR except directly related to safety of
flight and authorized by BIS pursuant to
section 764.3(a)(2) of the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
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16:09 Feb 10, 2025
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the Respondents of the ownership,
possession, or control of any item
subject to the EAR that has been or will
be exported from the United States,
including financing or other support
activities related to a transaction
whereby the Respondents acquires or
attempts to acquire such ownership,
possession or control except directly
related to safety of flight and authorized
by BIS pursuant to section 764.3(a)(2) of
the Regulations;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Respondents of any
item subject to the EAR that has been
exported from the United States except
directly related to safety of flight and
authorized by BIS pursuant to section
764.3(a)(2) of the Regulations;
D. Obtain from the Respondents in the
United States any item subject to the
EAR with knowledge or reason to know
that the item will be, or is intended to
be, exported from the United States
except directly related to safety of flight
and authorized by BIS pursuant to
section 764.3(a)(2) of the Regulations; or
E. Engage in any transaction to service
any item subject to the EAR that has
been or will be exported from the
United States and which is owned,
possessed or controlled by the
Respondents, or service any item, of
whatever origin, that is owned,
possessed or controlled by the
Respondents if such service involves the
use of any item subject to the EAR that
has been or will be exported from the
United States except directly related to
safety of flight and authorized by BIS
pursuant to section 764.3(a)(2) of the
Regulations. For purposes of this
paragraph, servicing means installation,
maintenance, repair, modification, or
testing.
Third, that, after notice and
opportunity for comment as provided in
section 766.23 of the EAR, any other
person, firm, corporation, or business
organization related to Respondents by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order.
In accordance with the provisions of
section 766.24(e) of the EAR, the
Respondents may, at any time, appeal
this Order by filing a full written
statement in support of the appeal with
the Office of the Administrative Law
Judge, U.S. Coast Guard ALJ Docketing
Center, 40 South Gay Street, Baltimore,
Maryland 21202–4022.
In accordance with the provisions of
section 766.24(d) of the EAR, BIS may
seek renewal of this Order by filing a
written request not later than 20 days
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Sfmt 4703
before the expiration date. A renewal
request may be opposed by the
Respondents as provided in section
766.24(d), by filing a written submission
with the Assistant Secretary of
Commerce for Export Enforcement,
which must be received not later than
seven days before the expiration date of
the Order.
A copy of this Order shall be provided
to the Respondents and shall be
published in the Federal Register.
This Order is effective immediately
and shall remain in effect for 180 days.
Dated: February 6, 2025.
Kevin J. Kurland,
Acting Assistant Secretary of Commerce for
Export Enforcement.
[FR Doc. 2025–02455 Filed 2–10–25; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–823]
Utility Scale Wind Towers From Spain:
Notice of Court Decision Not in
Harmony With the Final Determination
of Less-Than-Fair-Value Investigation;
Notice of Amended Final
Determination; and Notice of Amended
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 28, 2025, the U.S.
Court of International Trade (CIT)
issued its final judgment in Siemens
Gamesa Renewable Energy v. United
States, Court No. 21–00449, sustaining
the U.S. Department of Commerce
(Commerce)’s second remand
redetermination pertaining to the lessthan-fair-value (LTFV) investigation of
utility scale wind towers (wind towers)
from Spain covering the period of
investigation (POI) July 1, 2019, through
June 30, 2020. Commerce is notifying
the public that the CIT’s final judgment
is not in harmony with Commerce’s
final determination in that investigation,
and that Commerce is amending the
final determination and the resulting
antidumping duty (AD) order with
respect to the dumping margin for the
collapsed entity which consists of:
Siemens Gamesa Renewable Energy
(SGRE); Windar Renovables S.A.
(Windar); and five of Windar’s affiliates
(i.e., Tadarsa Eolica SL; Windar
Offshore SL; Windar Wind Services SL;
Aemsa Santana SA; and Apoyos
Metalicos SA) (collectively, SGRE/
Windar). Commerce is also amending
the dumping margin assigned to all
AGENCY:
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9309
Federal Register / Vol. 90, No. 27 / Tuesday, February 11, 2025 / Notices
other producers and exporters of subject
merchandise.
DATES: Applicable February 7, 2025.
FOR FURTHER INFORMATION CONTACT:
Brittany Bauer, 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) 482–3860.
SUPPLEMENTARY INFORMATION:
Background
On June 25, 2021, Commerce
published its Final Determination in the
LTFV investigation of wind towers from
Spain.1 In its Final Determination,
Commerce: (1) declined to select SGRE
as a respondent; and (2) assigned a
margin based on adverse facts available
to Windar.2 On August 16, 2021,
Commerce subsequently published the
AD order on wind towers from Spain.3
SGRE appealed Commerce’s Final
Determination.
On February 16, 2023, the CIT
remanded the Final Determination to
Commerce, ordering Commerce to
individually examine SGRE as a
respondent in the LTFV investigation.4
In the First Redetermination, Commerce
determined that SGRE was affiliated
with Windar and that SGRE should be
collapsed and considered as part of a
single entity with Windar and Windar’s
manufacturing subsidiaries.5 Commerce
then assigned Windar’s existing rate to
the collapsed SGRE/Windar entity.6
Because this rate was the only rate on
the record of the proceeding, the rate for
all other producers and exporters of
subject merchandise remained
unchanged.7
On October 11, 2023, the CIT
remanded the First Redetermination and
ordered Commerce to either: (1)
determine a new margin for the SGRE/
Windar collapsed entity that would
‘‘substitute’’ for the rate calculated for
Windar in the original investigation; or
(2) reverse its collapsing decision with
regard to SGRE and Windar and submit
a new rate for SGRE, while leaving
standing the rate calculated for Windar.8
The CIT also held that the all others rate
determined in the First Redetermination
was not in compliance with SGRE I.9
In the Second Redetermination,
Commerce continued to consider SGRE/
Windar as a single entity and calculated
a margin for SGRE/Windar based on the
data the entity provided and that
Commerce verified, as adjusted.10
Commerce then assigned SGRE/
Windar’s calculated margin as the allothers rate.11 On January 28, 2025, the
CIT sustained Commerce’s Second
Redetermination.12
Timken Notice
In its decision in Timken,13 as
clarified by Diamond Sawblades,14 the
U.S. Court of Appeals for the Federal
Circuit held that, pursuant to section
516A(c) and (e) of the Tariff Act of 1930,
as amended (the Act), Commerce must
publish a notice of court decision that
is not ‘‘in harmony’’ with a Commerce
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
January 28, 2025, judgment constitutes
a final decision of the CIT that is not in
harmony with Commerce’s Final
Determination. Thus, this notice is
published in fulfillment of the
publication requirements of Timken.
Amended Final Determination
Because there is now a final court
judgment, Commerce is amending its
Final Determination with respect to the
following exporters and/or producers:
Weighted-average
dumping margin
(percent ad valorem)
Exporter/producer
KHAMMOND on DSK9W7S144PROD with NOTICES
Siemens Gamesa Renewable Energy (SGRE); Windar Renovables S.A. (Windar); Tadarsa Eolica SL; Windar Offshore SL; Windar Wind Services SL; Aemsa Santana SA; and Apoyos Metalicos SA .................................................
All Others .............................................................................................................................................................................
28.55
28.55
Amended AD Order
Cash Deposit Requirements
Notification to Interested Parties
Pursuant to section 735(c)(2) of the
Act, Commerce shall ‘‘issue an
antidumping duty order under section
736’’ of the Act when the final
determination is affirmative. As a result
of this amended final determination,
Commerce is hereby amending the
Order to revise the weighted-average
dumping margins assigned to SGRE/
Windar and all-other producers and
exporters of subject merchandise, as
noted above.
Because SGRE/Windar does not have
a superseding cash deposit rate, i.e.,
there have been no final results
published in a subsequent
administrative review, and because of
the change to the rate assigned to all
other producers and exporters of subject
merchandise, Commerce will issue
revised cash deposit instructions to U.S.
Customs and Border Protection.
This notice is issued and published in
accordance with sections 516A(c) and
(e) and 777(i)(1) of the Act.
1 See Utility Scale Wind Towers from Spain: Final
Determination of Sales at Less Than Fair Value, 86
FR 33656 (June 25, 2021) (Final Determination), and
accompanying Issues and Decision Memorandum.
2 Id.
3 See Utility Scale Wind Towers from Spain:
Antidumping Duty Order, 86 FR 45707 (August 16,
2021) (Order).
4 See Siemens Gamesa Renewable Energy v.
United States, 621 F. Supp. 3d 1337, 1348–49 (CIT
February 16, 2023) (SGRE I).
5 See Final Results of Redetermination Pursuant
to Court Remand, Siemens Gamesa Renewable
Energy v. United States, 621 F. Supp. 3d 1337 (CIT
2023), dated June 15, 2023 (First Redetermination)
at 5–6.
6 Id. at 6–8.
7 Id. at 8–9.
8 See Siemens Gamesa Renewable Energy v.
United States, 659 F. Supp. 3d 1343 (CIT October
11, 2023).
9 Id., 659 F. Supp 3d at 1359.
10 See Final Results of Redetermination Pursuant
to Court Remand, Siemens Gamesa Renewable
Energy v. United States, 659 F. Supp. 3d 1343 (CIT
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16:09 Feb 10, 2025
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Dated: February 5, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2025–02448 Filed 2–10–25; 8:45 am]
BILLING CODE 3510–DS–P
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2023), dated June 21, 2024 (Second
Redetermination).
11 Id.
12 See Siemens Gamesa Renewable Energy v.
United States, Court No. 21–00449, Slip Op. 25–12
(CIT January 28, 2025).
13 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
14 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades).
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]]>Agencies
[Federal Register Volume 90, Number 27 (Tuesday, February 11, 2025)]
[Notices]
[Pages 9308-9309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02448]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-823]
Utility Scale Wind Towers From Spain: Notice of Court Decision
Not in Harmony With the Final Determination of Less-Than-Fair-Value
Investigation; Notice of Amended Final Determination; and Notice of
Amended Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On January 28, 2025, the U.S. Court of International Trade
(CIT) issued its final judgment in Siemens Gamesa Renewable Energy v.
United States, Court No. 21-00449, sustaining the U.S. Department of
Commerce (Commerce)'s second remand redetermination pertaining to the
less-than-fair-value (LTFV) investigation of utility scale wind towers
(wind towers) from Spain covering the period of investigation (POI)
July 1, 2019, through June 30, 2020. Commerce is notifying the public
that the CIT's final judgment is not in harmony with Commerce's final
determination in that investigation, and that Commerce is amending the
final determination and the resulting antidumping duty (AD) order with
respect to the dumping margin for the collapsed entity which consists
of: Siemens Gamesa Renewable Energy (SGRE); Windar Renovables S.A.
(Windar); and five of Windar's affiliates (i.e., Tadarsa Eolica SL;
Windar Offshore SL; Windar Wind Services SL; Aemsa Santana SA; and
Apoyos Metalicos SA) (collectively, SGRE/Windar). Commerce is also
amending the dumping margin assigned to all
[[Page 9309]]
other producers and exporters of subject merchandise.
DATES: Applicable February 7, 2025.
FOR FURTHER INFORMATION CONTACT: Brittany Bauer, 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) 482-3860.
SUPPLEMENTARY INFORMATION:
Background
On June 25, 2021, Commerce published its Final Determination in the
LTFV investigation of wind towers from Spain.\1\ In its Final
Determination, Commerce: (1) declined to select SGRE as a respondent;
and (2) assigned a margin based on adverse facts available to
Windar.\2\ On August 16, 2021, Commerce subsequently published the AD
order on wind towers from Spain.\3\ SGRE appealed Commerce's Final
Determination.
---------------------------------------------------------------------------
\1\ See Utility Scale Wind Towers from Spain: Final
Determination of Sales at Less Than Fair Value, 86 FR 33656 (June
25, 2021) (Final Determination), and accompanying Issues and
Decision Memorandum.
\2\ Id.
\3\ See Utility Scale Wind Towers from Spain: Antidumping Duty
Order, 86 FR 45707 (August 16, 2021) (Order).
---------------------------------------------------------------------------
On February 16, 2023, the CIT remanded the Final Determination to
Commerce, ordering Commerce to individually examine SGRE as a
respondent in the LTFV investigation.\4\ In the First Redetermination,
Commerce determined that SGRE was affiliated with Windar and that SGRE
should be collapsed and considered as part of a single entity with
Windar and Windar's manufacturing subsidiaries.\5\ Commerce then
assigned Windar's existing rate to the collapsed SGRE/Windar entity.\6\
Because this rate was the only rate on the record of the proceeding,
the rate for all other producers and exporters of subject merchandise
remained unchanged.\7\
---------------------------------------------------------------------------
\4\ See Siemens Gamesa Renewable Energy v. United States, 621 F.
Supp. 3d 1337, 1348-49 (CIT February 16, 2023) (SGRE I).
\5\ See Final Results of Redetermination Pursuant to Court
Remand, Siemens Gamesa Renewable Energy v. United States, 621 F.
Supp. 3d 1337 (CIT 2023), dated June 15, 2023 (First
Redetermination) at 5-6.
\6\ Id. at 6-8.
\7\ Id. at 8-9.
---------------------------------------------------------------------------
On October 11, 2023, the CIT remanded the First Redetermination and
ordered Commerce to either: (1) determine a new margin for the SGRE/
Windar collapsed entity that would ``substitute'' for the rate
calculated for Windar in the original investigation; or (2) reverse its
collapsing decision with regard to SGRE and Windar and submit a new
rate for SGRE, while leaving standing the rate calculated for
Windar.\8\ The CIT also held that the all others rate determined in the
First Redetermination was not in compliance with SGRE I.\9\
---------------------------------------------------------------------------
\8\ See Siemens Gamesa Renewable Energy v. United States, 659 F.
Supp. 3d 1343 (CIT October 11, 2023).
\9\ Id., 659 F. Supp 3d at 1359.
---------------------------------------------------------------------------
In the Second Redetermination, Commerce continued to consider SGRE/
Windar as a single entity and calculated a margin for SGRE/Windar based
on the data the entity provided and that Commerce verified, as
adjusted.\10\ Commerce then assigned SGRE/Windar's calculated margin as
the all-others rate.\11\ On January 28, 2025, the CIT sustained
Commerce's Second Redetermination.\12\
---------------------------------------------------------------------------
\10\ See Final Results of Redetermination Pursuant to Court
Remand, Siemens Gamesa Renewable Energy v. United States, 659 F.
Supp. 3d 1343 (CIT 2023), dated June 21, 2024 (Second
Redetermination).
\11\ Id.
\12\ See Siemens Gamesa Renewable Energy v. United States, Court
No. 21-00449, Slip Op. 25-12 (CIT January 28, 2025).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\13\ as clarified by Diamond
Sawblades,\14\ the U.S. Court of Appeals for the Federal Circuit held
that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as
amended (the Act), Commerce must publish a notice of court decision
that is not ``in harmony'' with a Commerce determination and must
suspend liquidation of entries pending a ``conclusive'' court decision.
The CIT's January 28, 2025, judgment constitutes a final decision of
the CIT that is not in harmony with Commerce's Final Determination.
Thus, this notice is published in fulfillment of the publication
requirements of Timken.
---------------------------------------------------------------------------
\13\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\14\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Determination
Because there is now a final court judgment, Commerce is amending
its Final Determination with respect to the following exporters and/or
producers:
------------------------------------------------------------------------
Weighted-average
Exporter/producer dumping margin (percent
ad valorem)
------------------------------------------------------------------------
Siemens Gamesa Renewable Energy (SGRE); Windar 28.55
Renovables S.A. (Windar); Tadarsa Eolica SL;
Windar Offshore SL; Windar Wind Services SL;
Aemsa Santana SA; and Apoyos Metalicos SA.....
All Others..................................... 28.55
------------------------------------------------------------------------
Amended AD Order
Pursuant to section 735(c)(2) of the Act, Commerce shall ``issue an
antidumping duty order under section 736'' of the Act when the final
determination is affirmative. As a result of this amended final
determination, Commerce is hereby amending the Order to revise the
weighted-average dumping margins assigned to SGRE/Windar and all-other
producers and exporters of subject merchandise, as noted above.
Cash Deposit Requirements
Because SGRE/Windar does not have a superseding cash deposit rate,
i.e., there have been no final results published in a subsequent
administrative review, and because of the change to the rate assigned
to all other producers and exporters of subject merchandise, Commerce
will issue revised cash deposit instructions to U.S. Customs and Border
Protection.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: February 5, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2025-02448 Filed 2-10-25; 8:45 am]
BILLING CODE 3510-DS-P
