[Federal Register Volume 86, Number 195 (Wednesday, October 13, 2021)]
[Notices]
[Pages 56890-56892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22245]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-897]


Utility Scale Wind Towers From India: Final 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) determines that utility 
scale wind towers (wind towers) from India are being, or are likely to 
be, sold in the United States at less than fair value (LTFV) for the 
period of investigation July 1, 2019, through June 30, 2020.

DATES: Applicable October 13, 2021.

FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Amaris Wade, 
AD/CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-1280 or (202) 
482-3874, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 24, 2021, Commerce published in the Federal Register the 
preliminary affirmative determination in the LTFV investigation of wind 
towers from India.\1\ Commerce invited interested parties to comment on 
the Preliminary Determination. On June 24, 2021, we received case 
briefs from Vestas Wind Technology India Private Limited (Vestas 
India); Anand Engineering Products Private Limited, Windar Renewable 
Energy Private Limited, and GRI Towers India Private Limited 
(collectively, Other Producers); and the Wind Tower Trade Coalition 
(the petitioner).\2\ On August 17, 2021, we held a public hearing at 
the request of Vestas India, the Other Producers and the petitioner.\3\ 
A summary of the events that occurred since Commerce published the 
Preliminary Determination, may be found in the Issues and Decision 
Memorandum.\4\
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    \1\ See Utility Scale Wind Towers from India: Preliminary 
Affirmative Determinations of Sales at Less than Fair Value, 86 FR 
27829 (May 24, 2021) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Vestas India's Letter, ``Vestas' Case Brief,'' dated 
June 24, 2021; see also Other Producers' Letter, ``Submission of 
Case Brief for `Other Producers,' '' dated June 24, 2021; and 
Petitioner's Letter, ``Case Brief,'' dated June 24, 2021. The 
petitioner in this investigation is the Wind Tower Trade Coalition, 
whose members are Arcosa Wind Towers Inc. and Broadwind Towers, Inc.
    \3\ See Transcript to Public Hearing, dated August 17, 2021.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Utility Scale Wind Towers from India,'' 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 
India. For a complete description of the scope of this investigation, 
see Appendix I.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
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 https://access.trade.gov/public/FRNoticesListLayout.aspx.

Verification

    Because the sole mandatory respondent in this investigation, Vestas 
India, did not cooperate in this investigation by failing to file a 
complete response to Commerce's supplemental section D questionnaire by 
the established deadline, Commerce reached the Preliminary 
Determination entirely on the basis of facts available with the 
application of adverse inferences (AFA). As such, because the 
Preliminary Determination was based entirely on AFA, we did not conduct 
a verification.

Use of Adverse Facts Available

    In the Preliminary Determination, Commerce found that the mandatory 
respondent, Vestas India, did not cooperate in this investigation by 
failing to file a complete response to Commerce's supplemental section 
D questionnaire by the established deadline. We also found that five 
other companies did not cooperate in this investigation by failing to 
provide timely responses to Commerce's quantity and value (Q&V) 
questionnaire. These companies are: Acciona Wind Power India Pvt. Ltd.; 
Nordex India Pvt.

[[Page 56891]]

Ltd.; Prommada Hindustan Private Ltd.; Vinayaka Energy Tek; and Zeeco 
India Pvt. Ltd. Therefore, in the Preliminary Determination, pursuant 
to sections 776(a) and (b) of the Tariff Act of 1930, as amended (the 
Act), we assigned Vestas India and the five companies which failed to 
timely respond to Commerce's Q&V questionnaire a dumping margin based 
on total AFA. In applying total AFA, we assigned an estimated weighted-
average dumping margin of 54.03 percent, the sole dumping margin 
alleged in the Petition,\5\ which Commerce corroborated to the extent 
practicable within the meaning of section 776(c) of the Act. We 
continue to find the application of total AFA to Vestas India and the 
five companies which failed to respond to Commerce's Q&V questionnaire, 
pursuant to sections 776(a) and (b) of the Act, is warranted in the 
final determination.
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    \5\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties,'' dated September 30, 2020 
(the Petition).
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Changes Since the Preliminary Determination

    Based on our analysis of comments received, we made no changes to 
the Preliminary Determination.

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:

------------------------------------------------------------------------
                                                       Cash deposit rate
                                      Dumping margin     (adjusted for
         Exporter/producer              (percent)       subsidy offsets)
                                                         \6\ (percent)
------------------------------------------------------------------------
Vestas Wind Technology India                    54.03              51.87
 Private Limited..................
Acciona Wind Power India Pvt. Ltd.              54.03              51.87
Nordex India Pvt. Ltd.............              54.03              51.87
Prommada Hindustan Private Ltd....              54.03              51.87
Vinayaka Energy Tek...............              54.03              51.87
Zeeco India Pvt. Ltd..............              54.03              51.87
All Others........................              54.03              51.87
------------------------------------------------------------------------

Disclosure
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    \6\ See Memorandum, ``Export Subsidies Found in the Companion 
Countervailing Duty Investigation,'' dated concurrently with this 
notice.
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    The estimated weighted-average dumping margins assigned to Vestas 
India and the 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 appropriate entries of wind 
towers from India, as described in Appendix I of this notice, which 
were entered, or withdrawn from warehouse, for consumption on or after 
May 24, 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 equal to the 
estimated weighted-average dumping margin or the estimated all-others 
rate, as follows: (1) The cash deposit rate for the companies listed 
above will be equal to the company-specific estimated weighted-average 
dumping margin determined in this final determination; (2) if the 
exporter is not identified above, but the producer is, then the cash 
deposit rate will be equal to the company-specific 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 listed above.
    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 this 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 India no later than 45 days 
after this final determination. If the ITC determines that such injury 
does not exist, this proceeding will be terminated, all cash deposits 
posted will be refunded, and suspension of liquidation will be lifted. 
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 will serve as a final reminder to the parties subject 
to 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 in accordance with 
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).


[[Page 56892]]


    Dated: October 6, 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 Sections in the Issues and Decision Memorandum

I. Summary
II. Background
III. Discussion of the Issues
    Comment 1. Whether the Petitioner has Standing in This 
Investigation
    Comment 2. The Application of Adverse Facts Available (AFA) to 
Vestas Wind Technology India Private Limited (Vestas India)
    Comment 3. The AFA Rate to Apply to Vestas India
    Comment 4. Selection of Appropriate Rate for All Other 
Exporters/Producers
    Comment 5. Whether Commerce Should Reject the Multinational 
Corporation (MNC) and the Particular Market Situation (PMS) 
Allegations
IV. Recommendation

[FR Doc. 2021-22245 Filed 10-12-21; 8:45 am]
BILLING CODE 3510-DS-P