[Federal Register Volume 86, Number 195 (Wednesday, October 13, 2021)]
[Notices]
[Pages 56894-56896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22247]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-821]


Utility Scale Wind Towers From Malaysia: 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 Malaysia 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: Jerry Huang, 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) 482-4047.

SUPPLEMENTARY INFORMATION:

Background

    On May 24, 2021, Commerce published in the Federal Register a 
preliminary negative determination in the LTFV investigation of wind 
towers from Malaysia.\1\ Commerce invited interested parties to comment 
on the Preliminary Determination.\2\ On August 23, 2021, we issued a 
post-preliminary determination to address the petitioner's \3\ 
allegation that Commerce should determine normal value (NV) under 
section 773(d) of the Tariff Act of 1930, as amended (the Act), with 
respect to CS Wind Corporation and CS Wind Malaysia Sdn Bhd 
(collectively, CS Wind).4 5 On August 31, 2021, we received 
case briefs from CS Wind and the petitioner.\6\ On September 8, 2021, 
we received rebuttal briefs from CS Wind and the petitioner.\7\ On 
September 22, 2021, we held a public hearing at the request of the 
petitioner.\8\ A summary of the events that occurred since Commerce 
published the Preliminary Determination, may be found in the Issues and 
Decision Memorandum.\9\
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    \1\ See Utility Scale Wind Towers from Malaysia: Preliminary 
Determination of Sales at Not Less Than Fair Value and Postponement 
of Final Determination, 86 FR 27828 (May 24, 2021) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
    \2\ See Preliminary Determination, 86 FR at 27829.
    \3\ The petitioner in this investigation is the Wind Tower Trade 
Coalition, whose members are Arcosa Wind Towers Inc. and Broadwind 
Towers, Inc.
    \4\ See Petitioner's Letter, ``Utility Scale Wind Towers from 
Malaysia: Multinational Corporation Allegation,'' dated February 2, 
2021.
    \5\ See Memorandum, ``Post-Preliminary Decision Memorandum in 
the Less-Than-Fair-Value Investigation of Utility Scale Wind Towers 
from Malaysia,'' dated August 23, 2021.
    \6\ See CS Wind's Letter, ``CS Wind' Case Brief,'' dated August 
31, 2021; and Petitioner's Letter, ``Case Brief,'' dated August 31, 
2021.
    \7\ See CS Wind's Letter, ``CS Wind's Rebuttal Brief,'' dated 
September 8, 2021; and Petitioner's Letter, ``Petitioner's Rebuttal 
Brief,'' dated September 8, 2021.
    \8\ See Transcript to Public Hearing, dated September 22, 2021.
    \9\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Utility Scale Wind Towers from Malaysia,'' 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 
Malaysia. 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

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of an on-site 
verification to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Act.\10\
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    \10\ See Commerce's In-Lieu-Of-Verification Questionnaire, dated 
August 13, 2021; see also CS Wind's Letter, ``Utility Scale Wind 
Towers from Malaysia: In Lieu of Verification Questionnaire 
Response,'' dated August 23, 2021.
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Changes Since the Preliminary Determination

    Based on our review of the record and comments received from 
interested parties, we made certain changes to our calculation of CS 
Wind's dumping margin. For a discussion of these changes, see the 
Issues and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act, provides that 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.
    Commerce determined an estimated weighted-average dumping margin 
for the individually-examined respondent, i.e., CS Wind, that is not 
zero, de

[[Page 56895]]

minimis, or determined entirely under section 776 of the Act. 
Therefore, we are assigning the dumping margin calculated for the sole 
mandatory respondent as the all-others rate for this final 
determination.

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:
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    \11\ See Memorandum, ``Export Subsidies Found in the Companion 
Countervailing Duty Investigation,'' dated concurrently with this 
notice.

------------------------------------------------------------------------
                                                       Cash deposit rate
                                      Dumping margin     (adjusted for
         Exporter/producer              (percent)       subsidy offsets)
                                                          11 (percent)
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CS Wind Corporation/CS Wind                      3.20               0.00
 Malaysia Sdn Bhd.................
All Others........................               3.20               0.00
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Disclosure

    Commerce intends to disclose its calculations and analysis 
performed in this final 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).

Suspension of Liquidation

    In accordance with section 735(c)(1)(B) and (C) of the Act, for 
this final determination, we will direct U.S. Customs and Border 
Protection (CBP) to suspend liquidation of all appropriate entries of 
wind towers from Malaysia, as described in Appendix I of this notice, 
which were entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of this notice in the Federal Register.
    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 respondent 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 the 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)(3) 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 Malaysia no later than 75 
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 ``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).

    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

[[Page 56896]]

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 Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
    Comment 1: Collapsing CS Wind Malaysia with CS Wind Corporation
    Comment 2: Total Adverse Facts Available (AFA) for CS Wind
    Comment 3: Date of Sale
    Comment 4: Fees for Certain U.S. Sales
    Comment 5: Steel Consumption for Door Frames
    Comment 6: General and Administrative (G&A) Expense Ratio
    Comment 7: Steel Plate Costs
    Comment 8: Application of the Multinational Corporation (MNC) 
Provision to Non-Market Economy (NME) Countries
    Comment 9: Constructed Value (CV) Profit and CV Selling Expense 
Ratios
    Comment 10: Double Counting of Foreign Currency Translation 
Gains and Losses
V. Recommendation

[FR Doc. 2021-22247 Filed 10-12-21; 8:45 am]
BILLING CODE 3510-DS-P