[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Notices]
[Pages 17354-17356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06869]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-823]


Utility Scale Wind Towers From Spain: Preliminary 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) preliminarily determines 
that utility scale wind towers (wind towers) from Spain are being, or 
are likely to be, sold in the United States at less than fair value 
(LTFV). The period of investigation (POI) is July 1, 2019, through June 
30, 2020. Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable April 2, 2021.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-7425.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on November 
16, 2020.\1\ For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\2\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
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 Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/.
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    \1\ See Utility Scale Wind Towers from India, Malaysia, and 
Spain: Initiation of Less-Than-Fair-Value Investigations, 85 FR 
73023 (November 16, 2020) (Initiation Notice).
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Utility 
Scale Wind Towers from Spain,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are utility scale wind 
towers from Spain. For a complete description of the scope of this 
investigation, see Appendix I to this notice.

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\3\ we 
set aside a period of time in the Initiation Notice for parties to 
raise issues regarding product coverage (i.e., scope).\4\ We did not 
receive comments concerning the scope of the investigation of wind 
towers as it appeared in the Initiation Notice.
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    \3\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \4\ See Initiation Notice, 85 FR at 73024.
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Methodology

    Commerce is conducting this investigation in accordance with 
section

[[Page 17355]]

731 of the Act. Pursuant to section 776(a) of the Act, Commerce has 
preliminarily relied upon facts otherwise available to assign a dumping 
margin to Vestas Eolica S.A.U. (Vestas Eolica), in this investigation 
because Vestas Eolica did not submit a response to Commerce's 
antidumping duty questionnaire. Commerce has also preliminarily relied 
upon facts otherwise available to assign a dumping margin to the 
companies which did not provide responses to the quantity and value 
(Q&V) questionnaires during the respondent selection process.\5\ 
Further, pursuant to section 776(b) of the Act, Commerce is 
preliminarily determining that Vestas Eolica and the companies which 
did not provide responses to the Q&V questionnaires failed to cooperate 
by not acting to the best of their individual abilities to comply with 
requests for information. Commerce is, therefore, using an adverse 
inference when selecting from among the facts otherwise available 
(i.e., applying adverse facts available (AFA)) to these companies, in 
accordance with section 776(b) of Act. For a full description of the 
methodology underlying our preliminary determination, see the 
Preliminary Decision Memorandum.
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    \5\ These non-responsive companies are: Acciona Windpower S.A.; 
Gamesa Energy Transmission; Haizea Wind Group; Kuzar Systems S.L.; 
Proyectos Integrales y Logisticos S.A.A.; and Windar Renovables.
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All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that, in 
the preliminary determination, 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.
    Pursuant to section 735(c)(5)(B) of the Act, if the estimated 
weighted-average dumping margins established for all exporters and 
producers individually examined are zero, de minimis, or determined 
based entirely on facts otherwise available, Commerce may use any 
reasonable method to establish the estimated weighted-average dumping 
margin for all other producers or exporters. Commerce has preliminarily 
determined the estimated weighted-average dumping margin for the 
individually-examined respondent under section 776 of the Act. In cases 
where no weighted-average dumping margins other than those determined 
entirely under section 776 of the Act have been established for 
individually-examined entities, in accordance with section 735(c)(5)(B) 
of the Act, Commerce may use any reasonable method to establish the 
estimated all-others rate for exporters and producers not individually 
investigated.
    In the Petition, the Wind Tower Trade Coalition (the petitioner) 
\6\ provided only one dumping margin, which was based on a price-to-
constructed-value comparison.\7\ Therefore, in the absence of another 
weighted-average dumping margin on the record of this investigation, as 
the all-others rate, we are preliminarily assigning the sole dumping 
margin in the Initiation Notice, which is 73.00 percent.\8\
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    \6\ The members of the Wind Tower Trade Coalition are Arcosa 
Wind Towers Inc. and Broadwind Towers, Inc.
    \7\ See Petitioner's Letter, ``Utility Scale Wind Towers from 
India, Malaysia and Spain: Petitions for the Imposition of 
Antidumping and Countervailing Duties,'' dated September 30, 2020 
(Petition); see also Anti-Dumping Investigation Initiation 
Checklist--Utility Scale Wind Towers from Spain (November 9, 2020) 
(Initiation Checklist).
    \8\ See, e.g., Mattresses From Malaysia: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Extension of Provisional Measures, 85 FR 
69574 (November 3, 2020), unchanged in Mattresses from Malaysia: 
Final Affirmative Determination of Sales at Less Than Fair Value, 86 
FR 15901 (March 25, 2021); and Refillable Stainless Steel Kegs From 
Mexico: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, 84 FR 25738 (June 4, 2019) unchanged in Refillable 
Stainless Steel Kegs From Mexico: Final Affirmative Determination of 
Sales at Less Than Fair Value and Final Affirmative Determination of 
Critical Circumstances, 84 FR 42894 (August 19, 2019); see also 
Initiation Notice, 85 FR at 73026.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                                Dumping
                      Exporter/producer                         margin
                                                               (percent)
------------------------------------------------------------------------
Vestas Eolica S.A.U.........................................       73.00
Acciona Windpower S.A.......................................       73.00
Gamesa Energy Transmission..................................       73.00
Haizea Wind Group...........................................       73.00
Kuzar Systems, S.L..........................................       73.00
Proyectos Integrales y Logisticos S.A.A.....................       73.00
Windar Renovables...........................................       73.00
All Others..................................................       73.00
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Suspension of Liquidation

    In accordance with section 773(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
the publication of this notice in the Federal Register.
    Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 
351.205(d), Commerce will instruct CBP to require a cash deposit equal 
to the margins indicated in the chart above. These suspension of 
liquidation instructions will remain in effect until further notice.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination within five 
days of any public announcement or, if there is no public announcement, 
within five days of the date of publication of the notice of 
preliminary determination in the Federal Register, in accordance with 
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA 
to the Vestas Eolica in this investigation, in accordance with section 
776 of the Act, there are no calculations to disclose.

Verification

    Because Vestas Eolica indicated its intent not to participate in 
this investigation, and Commerce preliminarily determines that this 
company was uncooperative, we will not conduct verification.

Public Comment

    Interested parties are invited to comment on this preliminary 
determination no later than 30 days after the date of publication of 
the preliminary determination.\9\ Rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than seven days after 
the deadline for case briefs.\10\ Commerce has modified certain of its 
requirements for service documents containing business proprietary 
information, until further notice.\11\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who submit case briefs or rebuttal briefs in this 
investigation are encouraged to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.
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    \9\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for 
general filing requirements).
    \10\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general 
filing requirements).
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020) (collectively, 
Temporary Rule).

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[[Page 17356]]

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

Final Determination

    Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that 
Commerce will issue the final determination within 75 days after the 
date of its preliminary determination. Accordingly, Commerce will make 
its final determination no later than 75 days after the signature date 
of this preliminary determination.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

    Dated: March 29, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The merchandise covered by this investigation consists of 
certain wind towers, whether or not tapered, and sections thereof. 
Certain wind towers support the nacelle and rotor blades in a wind 
turbine with a minimum rated electrical power generation capacity in 
excess of 100 kilowatts and with a minimum height of 50 meters 
measured from the base of the tower to the bottom of the nacelle 
(i.e., where the top of the tower and nacelle are joined) when fully 
assembled.
    A wind tower section consists of, at a minimum, multiple steel 
plates rolled into cylindrical or conical shapes and welded together 
(or otherwise attached) to form a steel shell, regardless of 
coating, end-finish, painting, treatment, or method of manufacture, 
and with or without flanges, doors, or internal or external 
components (e.g., flooring/decking, ladders, lifts, electrical buss 
boxes, electrical cabling, conduit, cable harness for nacelle 
generator, interior lighting, tool and storage lockers) attached to 
the wind tower section. Several wind tower sections are normally 
required to form a completed wind tower.
    Wind towers and sections thereof are included within the scope 
whether or not they are joined with non-subject merchandise, such as 
nacelles or rotor blades, and whether or not they have internal or 
external components attached to the subject merchandise.
    Specifically excluded from the scope are nacelles and rotor 
blades, regardless of whether they are attached to the wind tower. 
Also excluded are any internal or external components which are not 
attached to the wind towers or sections thereof, unless those 
components are shipped with the tower sections.
    Merchandise covered by this investigation is currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under subheading 7308.20.0020 or 8502.31.0000. Wind towers 
of iron or steel are classified under HTSUS 7308.20.0020 when 
imported separately as a tower or tower section(s). Wind towers may 
be classified under HTSUS 8502.31.0000 when imported as combination 
goods with a wind turbine (i.e., accompanying nacelles and/or rotor 
blades). While the HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the scope of this 
investigation is dispositive.

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Application of Facts Available, Use of Adverse Inferences, 
Corroboration, and Calculation of All-Others Rate
VII. Recommendation

[FR Doc. 2021-06869 Filed 4-1-21; 8:45 am]
BILLING CODE 3510-DS-P