[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Notices]
[Pages 69014-69016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26404]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-897, A-557-821]


Utility Scale Wind Towers From India and Malaysia: Antidumping 
Duty Orders

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 antidumping duty orders on utility scale wind 
towers (wind towers) from India and Malaysia.

DATES: Applicable December 6, 2021.

FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova (India); or 
Mark Harrison (Malaysia); AD/CVD Operations, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-1280 and (202) 482-0357, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 13, 2021, Commerce published in the Federal Register its 
affirmative final determinations in the less-than-fair-value (LTFV) 
investigations of wind towers from India and Malaysia, in accordance 
with sections 735(d) and 777(i) of the Tariff Act of 1930, as amended 
(the Act).\1\ On November 29, 2021, the ITC notified Commerce of its 
affirmative final determinations, pursuant to section 735(d) of the Act 
that an industry in the United States is materially injured within the 
meaning of section 735(b)(1)(A)(i) of the Act by reason of LTFV imports 
of wind towers from India and Malaysia.\2\
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    \1\ See Utility Scale Wind Towers from India: Final Affirmative 
Determination of Sales at Less Than Fair Value, 86 FR 56890 (October 
13, 2021) (India Final Determination); see also Utility Scale Wind 
Towers from Malaysia: Final Affirmative Determination of Sales at 
Less Than Fair Value, 86 FR 56894 (October 13, 2021) (Malaysia Final 
Determination).
    \2\ See ITC Letter, ``Notification of ITC Final Determinations 
in Investigation Nos. 701-TA-660 and 731-TA-1543-1544 (Final),'' 
dated November 29, 2021.
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Scope of the Orders

    The products covered by these orders are wind towers from India and 
Malaysia. For a complete description of the scope of these orders, see 
the appendix to this notice.

Antidumping Duty Orders

    On November 29, 2021, in accordance with section 735(d) of the Act, 
the ITC notified Commerce of its final determinations in these 
investigations, in which it found that an industry in the United States 
is materially injured within the meaning of section 735(b)(1)(A)(i) of 
the Act by reason of imports of wind towers from India and Malaysia.\3\ 
Therefore, in accordance with section 735(c)(2) of the Act, Commerce is 
issuing these antidumping duty orders. Because the ITC determined that 
imports of wind towers from India and Malaysia are materially injuring 
a U.S. industry, unliquidated entries of such merchandise from India 
and Malaysia, entered or withdrawn from warehouse for consumption, are 
subject to the assessment of antidumping duties.
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    \3\ Id.
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    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct 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 India and Malaysia. With the 
exception of entries occurring after the expiration of the provisional 
measures period and before publication of the ITC's final affirmative 
injury determinations, as further described below, antidumping duties 
will be assessed on unliquidated entries of wind towers from India 
entered, or withdrawn from warehouse, for consumption, on or after May 
24, 2021, the date of publication of the India Preliminary 
Determination.\4\ Regarding Malaysia, because Commerce made a 
preliminary negative determination of sales at LTFV,\5\ Commerce did 
not direct CBP to suspend liquidation or to require a cash deposit of 
estimated antidumping duties for entries of wind towers from Malaysia 
on or after May 24, 2021. However, because Commerce made a final 
affirmative determination of sales at LTFV, Commerce directed CBP to 
begin suspension of liquidation of wind towers from Malaysia entered or 
withdrawn from warehouse for consumption, on or after October 13, 2021, 
the date of publication of the Malaysia Final Determination.\6\
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    \4\ See Utility Scale Wind Towers from India: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 86 FR 
27829 (May 24, 2021) (India Preliminary Determination).
    \5\ 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).
    \6\ See Malaysia Final Determination, 86 FR at 56894.
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Continuation of Suspension of Liquidation

    In accordance with section 736 of the Act, Commerce intends to 
instruct CBP to continue to suspend liquidation on all relevant entries 
of wind towers from India and Malaysia. These instructions suspending 
liquidation will remain in effect until further notice.
    Commerce also intends to instruct CBP to require cash deposits 
equal to the estimated weighted-average dumping margins indicated in 
the tables below. Accordingly, effective on the date of publication in 
the Federal Register of the notice of the ITC's final affirmative 
injury determinations, CBP will require, at the same time that 
importers would normally deposit estimated duties on the merchandise, a 
cash deposit equal to the rates below. The relevant all-others rates 
apply to all

[[Page 69015]]

producers or exporters not specifically listed.

Provisional Measures

    Section 733(d) of the Act states that instructions issued under 
section 733(d)(1) and (2) of the Act 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 that Commerce extends the 
four-month period to no more than six months. At the request of the 
exporter that accounts for a significant proportion of wind towers from 
India, Commerce extended the four-month period to six months in the 
wind towers from India investigation. Commerce published the India 
Preliminary Determination on May 24, 2021.\7\
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    \7\ See India Preliminary Determination, 86 FR at 27829.
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    The extended provisional measures period, beginning on the date of 
publication of the India Preliminary Determination, ended on November 
19, 2021. Therefore, in accordance with section 733(d) of the Act, 
Commerce intends to instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of wind towers from India entered, or withdrawn 
from warehouse, for consumption after November 19, 2021, the final day 
on which the provisional measures were in effect, until and through the 
day preceding the date of publication of the ITC's final affirmative 
injury determination in the Federal Register. Suspension of liquidation 
and the collection of cash deposits will resume on the date of 
publication of the ITC's final determination in the Federal Register.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:
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    \8\ See India Final Determination, 86 FR at 56891.
    \9\ See Malaysia Final Determination, 86 FR at 56895.

------------------------------------------------------------------------
                                                      Cash deposit rate
                                Estimated weighted-     (adjusted for
       Exporter/producer          average dumping      subsidy offsets)
                                  margin (percent)      \8\ (percent)
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India:
    Vestas Wind Technology                    54.03                51.87
     India Private Limited....
    Acciona Winder Power India                54.03                51.87
     Pvt. Ltd.................
    Nordex India Pvt. Ltd.....                54.03                51.87
    Prommada Hindustan Private                54.03                51.87
     Ltd......................
    Vinayaka Energy Tek.......                54.03                51.87
    Zeeco India Pvt. Ltd......                54.03                51.87
    All Others................                54.03                51.87
------------------------------------------------------------------------


------------------------------------------------------------------------
                                                      Cash deposit rate
                                Estimated weighted-     (adjusted for
       Exporter/producer          average dumping      subsidy offsets)
                                  margin (percent)      \9\ (percent)
------------------------------------------------------------------------
Malaysia:
    CS Wind Corporation/CS                     3.20                 0.00
     Wind Malaysia Sdn Bhd....
    All Others................                 3.20                 0.00
------------------------------------------------------------------------

Establishment of the Annual Inquiry Service List

    On September 20, 2021, Commerce published the final rule titled 
``Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws'' in the Federal Register.\10\ On 
September 27, 2021, Commerce also published the notice titled ``Scope 
Ruling Application; Annual Inquiry Service List; and Informational 
Sessions'' in the Federal Register.\11\ The Final Rule and Procedural 
Guidance provide that Commerce will maintain an annual inquiry service 
list for each order or suspended investigation, and any interested 
party submitting a scope ruling application or request for 
circumvention inquiry shall serve a copy of the application or request 
on the persons on the annual inquiry service list for that order, as 
well as any companion order covering the same merchandise from the same 
country of origin.\12\
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    \10\ See Regulations to Improve Administration and Enforcement 
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 
20, 2021) (Final Rule).
    \11\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \12\ Id.
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    In accordance with the Procedural Guidance, for orders published in 
the Federal Register after November 4, 2021, Commerce will create an 
annual inquiry service list segment in Commerce's online e-filing and 
document management system, Antidumping and Countervailing Duty 
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the 
order. Each annual inquiry service list will be saved in ACCESS, under 
each case number, and under a specific segment type called ``AISL-
Annual Inquiry Service List.'' \13\
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    \13\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field, which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
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    Interested parties who wish to be added to the annual inquiry 
service list for an order must submit an entry of appearance to the 
annual inquiry service list segment for the order in ACCESS within 30 
days after the date of publication of the order. For ease of 
administration, Commerce requests that law firms with more than one 
attorney representing interested parties in an order designate a lead 
attorney to be included on the annual inquiry service list. Commerce 
will finalize the annual inquiry service list within five business days 
thereafter. As mentioned in the

[[Page 69016]]

Procedural Guidance, the new annual inquiry service list will be in 
place until the following year, when the Opportunity Notice for the 
anniversary month of the order is published.
    Commerce may update an annual inquiry service list at any time as 
needed based on interested parties' amendments to their entries of 
appearance to remove or otherwise modify their list of members and 
representatives, or to update contact information. Any changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website at https://access.trade.gov.

Special Instructions for Petitioners and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \14\ Accordingly, as stated 
above, the petitioners and foreign governments should submit their 
initial entry of appearance after publication of this notice in order 
to appear in the first annual inquiry service list for those orders for 
which they qualify as an interested party. Pursuant to 19 CFR 
351.225(n)(3), the petitioners and foreign governments will not need to 
resubmit their entries of appearance each year to continue to be 
included on the annual inquiry service list. However, the petitioners 
and foreign governments are responsible for making amendments to their 
entries of appearance during the annual update to the annual inquiry 
service list in accordance with the procedures described above.
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    \14\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties

    This notice constitutes the antidumping duty orders with respect to 
wind towers from India and Malaysia 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.
    These antidumping duty orders are published in accordance with 
section 736(a) of the Act and 19 CFR 351.211(b).

    Dated: November 30, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

Scope of the Orders

    The merchandise covered by these orders 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 these orders 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 these 
orders is dispositive.

[FR Doc. 2021-26404 Filed 12-3-21; 8:45 am]
BILLING CODE 3510-DS-P