[Federal Register Volume 86, Number 98 (Monday, May 24, 2021)]
[Notices]
[Pages 27828-27829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10918]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-821]


Utility Scale Wind Towers From Malaysia: Preliminary 
Determination of Sales at Not Less Than Fair Value and Postponement of 
Final Determination

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 Malaysia are not 
being, or are not 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 May 24, 2021.

FOR FURTHER INFORMATION CONTACT: Jerry Huang, AD/CVD Operations, Office 
V, Enforcement and Compliance, International Trade Administration, 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-4047.

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 Malaysia,'' 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 Malaysia. 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 731 of the Act. Commerce has calculated export price in 
accordance with section 772(a) of the Act. Normal value (NV) is 
calculated in accordance with section 773(e) of the Act. For a full 
description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:
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    \5\ Commerce preliminarily determines that CS Wind Corporation 
and CS Wind Malaysia Sdn. Bhd. are a single entity (collectively, CS 
Wind). See Memorandum, ``Less-Than-Fair-Value Investigation of 
Utility Scale Wind Towers from Malaysia: Preliminary Affiliation and 
Single Entity Memorandum for CS Wind Corporation and CS Wind 
Malaysia Sdn. Bhd.,'' dated concurrently with this notice.

------------------------------------------------------------------------
                                                                Dumping
                      Exporter/producer                         margin
                                                               (percent)
------------------------------------------------------------------------
CS Wind Corporation/CS Wind Malaysia Sdn Bhd \5\............        0.00
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    Commerce preliminarily determines that CS Wind has not made sales 
of wind towers at LTFV. Further, because CS Wind is the only party for 
which an estimated weighted-average dumping margin has been calculated 
for this preliminary determination, Commerce preliminarily determines 
that wind towers from Malaysia have not been sold in the United States 
at LTFV during the POI.
    Consistent with section 733(d) of the Act, Commerce has not 
calculated an estimated weighted-average dumping margin for all other 
producers and exporters because it has not made an affirmative 
preliminary determination of sales at LTFV.

Suspension of Liquidation

    Because Commerce has made a negative preliminary determination of 
sales at LTFV with regard to subject merchandise, Commerce will not 
direct U.S. Customs and Border Protection to suspend liquidation or to 
require a cash deposit of estimated antidumping duties for entries of 
wind towers from Malaysia.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this 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 this 
notice in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination. 
Normally, Commerce verifies information using standard procedures, 
including an on-site examination of original accounting, financial, and 
sales documentation. However, due to current travel restrictions in 
response to the global COVID-19 pandemic, Commerce is unable to conduct 
on-site verification in this investigation. Accordingly, we intend to 
verify the information relied upon in making the final determination 
through alternative means in lieu of an on-site verification.

[[Page 27829]]

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. Interested parties 
will be notified of the timeline for the submission of such case briefs 
and written comments at a later date. Rebuttal briefs, limited to 
issues raised in case briefs, may be submitted no later than seven days 
after the deadline for case briefs.\6\ 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. Commerce has modified certain of its requirements 
for service documents containing business proprietary information, 
until further notice.\7\
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    \6\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general 
filing requirements).
    \7\ 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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    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.

Postponement of Final Determination

    Section 735(a)(2)(B) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of a 
negative preliminary determination, a request for such postponement is 
made by the petitioner. On May 17, 2021, the Wind Tower Trade Coalition 
(the petitioner) requested that Commerce postpone the final 
determination.\8\ In accordance with section 735(a)(2)(B) of the Act, 
because the preliminary determination is negative, and the petitioner 
has requested the postponement of the final determination, Commerce is 
postponing the final determination. Accordingly, Commerce will make its 
final determination by no later than 135 days after the date of 
publication of this preliminary determination, pursuant to section 
735(a)(2) of the Act.
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    \8\ See Petitioner's Letter, ``Utility Scale Wind Towers from 
Malaysia: Request to Postpone Final Determination,'' dated May 17, 
2021.
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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 75 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: May 18, 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. Affiliation and Single Entity Treatment
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2021-10918 Filed 5-21-21; 8:45 am]
BILLING CODE 3510-DS-P