[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Notices]
[Pages 33656-33658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13547]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-823]
Utility Scale Wind Towers From Spain: Final 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 imports
of 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 is July 1, 2019, through June 30, 2020.
DATES: Applicable June 25, 2021.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Christopher
Maciuba, 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
or (202) 482-0413, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 2, 2021, Commerce published in the Federal Register its
affirmative preliminary determination in the LTFV investigation of wind
towers from Spain.\1\ We invited interested parties to comment on the
Preliminary Determination. 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, may be found in the Issues and Decision Memorandum.\2\
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\1\ See Utility Scale Wind Towers from Spain: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, 86 FR
17354 (April 2, 2021) (Preliminary Determination).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Utility Scale Wind Towers from Spain,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are wind towers from
Spain. For a full description of the scope of this investigation, see
Appendix I of this notice.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs 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 http://enforcement.trade.gov/frn/.
Verification
As stated in the Preliminary Determination, after being selected as
the mandatory respondent, Vestas Eolica S.A.U. (Vestas) discontinued
its participation in this investigation. Accordingly, Commerce based
the Preliminary Determination entirely on the application of facts
available with adverse inferences (AFA), and did not conduct
verification under section 782(i) of the Tariff Act of 1930, as amended
(the Act).
Use of Adverse Facts Available
In the Preliminary Determination, Commerce found that Vestas failed
to participate to the best of its ability in this investigation. We
also found six other companies did not cooperate in this investigation
by failing to provide a timely response to Commerce's quantity and
value (Q&V) questionnaires. These companies are: Acciona Windpower
S.A.; Gamesa Energy Transmission; Haizea Wind Group; Kuzar Systems,
S.L.; Proyecto Integrales y Logisticos S.A.A. (Proinlosa); and Windar
Revonables. Therefore, in the Preliminary Determination, pursuant to
sections 776(a) and (b) of the Act, we assigned these companies dumping
margins based on total AFA. In applying
[[Page 33657]]
total AFA, we assigned an estimated weighted-average dumping margin of
73.00 percent, the sole dumping margin alleged in the Petition,\3\
which is the only dumping margin information on the record of this
investigation, and which Commerce corroborated to the extent
practicable within the meaning of section 776(c) of the Act.
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\3\ 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).
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With respect to Proinlosa, in light of information provided
following the Preliminary Determination, we determine that Proinlosa
attempted to contact Commerce in a timely manner regarding the Q&V
questionnaire in an effort to timely submit its Q&V questionnaire
response. Accordingly, having considered the facts and circumstances
surrounding Proinlosa's Q&V response, we no longer find that
application of total AFA is appropriate with respect to Proinlosa. For
further discussion of our decision concerning Proinlosa, see the Issues
and Decision Memorandum. For all other companies, i.e., Vestas and the
five companies that failed to respond to Commerce's Q&V questionnaire,
we continue to find the application of total AFA, pursuant to sections
776(a) and (b) of the Act, is warranted.
Changes Since the Preliminary Determination
Based on our analysis of comments received, we have modified our
treatment of Proinlosa.
All-Others Rate
As discussed in the Preliminary Determination, Commerce based the
estimated weighted-average dumping margin for all other producers and
exporters on the only dumping margin alleged in the Petition, pursuant
to section 735(c)(5)(B) of the Act. We made no changes to this rate for
this final determination.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
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Dumping
Exporter/producer margin
(percent)
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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
Windar Renovables....................................... 73.00
All Others.............................................. 73.00
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Disclosure
The estimated weighted-average dumping margins assigned to the
mandatory respondent and non-responsive companies in this investigation
are based on total AFA. These rates are based on information from the
Petition, and are unchanged from the Preliminary Determination.
Accordingly, there are no calculations to disclose for this final
determination.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, for this final
determination, we will direct U.S. Customs and Border Protection (CBP)
to continue to suspend liquidation of all entries of wind towers from
Spain, as described in Appendix I of this notice, which are entered, or
withdrawn from warehouse, for consumption on or after April 2, 2021,
the date of publication in the Federal Register of the affirmative
Preliminary Determination.
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 for such
entries of merchandise equal to the estimated weighted-average dumping
margin as follows: (1) The cash deposit rate for the companies listed
in the table above will be equal to the company-specific estimated
weighted-average dumping margin identified for that company; (2) if the
exporter is not a company identified above, but the producer is, then
the cash deposit rate will be equal to the estimated weighted-average
dumping margin established for that 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.
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 the final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) 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 Spain no later than 45 days
after this final determination. If the ITC determines that such injury
does not exist, this proceeding will be terminated, and all cash
deposits will be refunded. 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 ``Continuation of
Suspension of Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice serves as a reminder to parties subject to an
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 and notice in
accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR
351.210(c).
Dated: June 14, 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
[[Page 33658]]
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 Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Whether Commerce Should Have Selected Siemens Gamesa
Renewable Energy (SGRE) as a Mandatory Respondent
Comment 2: Whether Commerce Should List All Non-Responsive
Companies in the Federal Register Notice
VI. Recommendation
[FR Doc. 2021-13547 Filed 6-24-21; 8:45 am]
BILLING CODE 3510-DS-P