[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Notices]
[Pages 45707-45708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17406]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-823]


Utility Scale Wind Towers From Spain: Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing an antidumping duty order on utility scale wind 
towers (wind towers) from Spain.

DATES: Applicable August 16, 2021.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Christopher 
Maciuba, 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) 482-7425 
or (202) 482-0413.

SUPPLEMENTARY INFORMATION:

Background

    On June 25, 2021, Commerce published its affirmative final 
determination in the less-than-fair-value (LTFV) investigation of wind 
towers from Spain.\1\ On August 9, 2021, the ITC notified Commerce of 
its final affirmative determination that an industry in the United 
States is materially injured within the meaning of section 
735(b)(1)(A)(i) of the Tariff Act of 1930, as amended (the Act), by 
reason of imports of wind towers from Spain that are sold in the United 
States at LTFV.\2\
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    \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).
    \2\ See ITC Letter, ``Notification of ITC Final 
Determinations,'' dated August 9, 2021.
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Scope of the Order

    The products covered by this order are wind towers. For a complete 
description of the scope of the order, see the appendix to this notice.

Antidumping Duty Order

    On August 9, 2021, in accordance with sections 735(b)(1)(A)(i) and 
735(d) of the Act, the ITC notified Commerce of its final determination 
that an industry in the United States is materially injured by reason 
of imports of wind towers from Spain. Therefore, in accordance with 
sections 735(c)(2) of the Act, Commerce is issuing this antidumping 
duty order. Because the ITC determined that imports of wind towers from 
Spain are materially injuring a U.S. industry, unliquidated entries of 
such merchandise from Spain, which are entered or withdrawn from 
warehouse for consumption, are subject to the assessment of antidumping 
duties.
    In accordance with section 736(b)(1) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to assess, upon 
further instruction by Commerce, antidumping duties equal to the amount 
by which the normal value of the merchandise exceeds the export price 
(or constructed export price) of the merchandise, for all relevant 
entries of wind towers from Spain. Antidumping duties will be assessed 
on unliquidated entries of wind towers from Spain which are entered, or 
withdrawn from warehouse, for consumption on or after April 2, 2021, 
the date of publication of the Preliminary Determination.\3\
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    \3\ 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), and accompanying 
Preliminary Decision Memorandum.
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Suspension of Liquidation and Cash Deposits

    In accordance with section 736 of the Act, Commerce will instruct 
CBP to reinstitute the suspension of liquidation of all relevant 
entries of wind towers from Spain as described in the

[[Page 45708]]

Appendix to this notice which are entered, or withdrawn from warehouse 
for consumption, on or after the date of publication of the ITC's 
notice of final determination in the Federal Register. These 
instructions suspending liquidation will remain in effect until further 
notice.
    We will also instruct CBP to require cash deposits for estimated 
antidumping duties equal to the rates listed below. Accordingly, 
effective on the date of publication in the Federal Register of the 
ITC's final affirmative injury determination, CBP will require, at the 
same time as importers would normally deposit estimated duties on this 
subject merchandise, a cash deposit equal to the cash deposit rates 
listed below.\4\ The all-others rate applies to all producers or 
exporters not specifically listed, as appropriate.
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    \4\ See section 736(a)(3) of the Act.
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Estimated Weighted-Average Dumping Margins

    The weighted-average dumping margins for the antidumping duty order 
are as follows:

------------------------------------------------------------------------
                                                          Dumping margin
                    Exporter/producer                        (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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Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
Commerce extended the four-month period to no more than six months. 
Commerce published the Preliminary Determination on April 2, 2021. The 
four-month period beginning on the date of publication of the 
Preliminary Determination ended on July 30, 2021. Furthermore, section 
737(b) of the Act states that definitive duties are to begin on the 
date of publication of the ITC's final injury determination.
    Therefore, in accordance with section 733(d) of the Act, we will 
instruct CBP to terminate the suspension of liquidation and to 
liquidate, without regard to antidumping duties, unliquidated entries 
of wind towers from Spain entered, or withdrawn from warehouse, for 
consumption after July 30, 2021, the date on which the provisional 
measures expired, until and through the day preceding the date of 
publication of the ITC's final injury determinations in the Federal 
Register. Suspension of liquidation will resume on the date of 
publication of the ITC's final determinations in the Federal Register.

Notifications to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
wind towers from Spain pursuant to section 736(a) of the Act. 
Interested parties can find a list of antidumping duty orders currently 
in effect at http://enforcement.trade.gov/stats/iastats1.html.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: August 10, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix

Scope of the Order

    The merchandise covered by this order 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 order 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 the 
order is dispositive.

[FR Doc. 2021-17406 Filed 8-13-21; 8:45 am]
BILLING CODE 3510-DS-P