[Federal Register Volume 90, Number 27 (Tuesday, February 11, 2025)]
[Notices]
[Pages 9308-9309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02448]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-823]
Utility Scale Wind Towers From Spain: Notice of Court Decision
Not in Harmony With the Final Determination of Less-Than-Fair-Value
Investigation; Notice of Amended Final Determination; and Notice of
Amended Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On January 28, 2025, the U.S. Court of International Trade
(CIT) issued its final judgment in Siemens Gamesa Renewable Energy v.
United States, Court No. 21-00449, sustaining the U.S. Department of
Commerce (Commerce)'s second remand redetermination pertaining to the
less-than-fair-value (LTFV) investigation of utility scale wind towers
(wind towers) from Spain covering the period of investigation (POI)
July 1, 2019, through June 30, 2020. Commerce is notifying the public
that the CIT's final judgment is not in harmony with Commerce's final
determination in that investigation, and that Commerce is amending the
final determination and the resulting antidumping duty (AD) order with
respect to the dumping margin for the collapsed entity which consists
of: Siemens Gamesa Renewable Energy (SGRE); Windar Renovables S.A.
(Windar); and five of Windar's affiliates (i.e., Tadarsa Eolica SL;
Windar Offshore SL; Windar Wind Services SL; Aemsa Santana SA; and
Apoyos Metalicos SA) (collectively, SGRE/Windar). Commerce is also
amending the dumping margin assigned to all
[[Page 9309]]
other producers and exporters of subject merchandise.
DATES: Applicable February 7, 2025.
FOR FURTHER INFORMATION CONTACT: Brittany Bauer, 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) 482-3860.
SUPPLEMENTARY INFORMATION:
Background
On June 25, 2021, Commerce published its Final Determination in the
LTFV investigation of wind towers from Spain.\1\ In its Final
Determination, Commerce: (1) declined to select SGRE as a respondent;
and (2) assigned a margin based on adverse facts available to
Windar.\2\ On August 16, 2021, Commerce subsequently published the AD
order on wind towers from Spain.\3\ SGRE appealed Commerce's Final
Determination.
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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), and accompanying Issues and
Decision Memorandum.
\2\ Id.
\3\ See Utility Scale Wind Towers from Spain: Antidumping Duty
Order, 86 FR 45707 (August 16, 2021) (Order).
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On February 16, 2023, the CIT remanded the Final Determination to
Commerce, ordering Commerce to individually examine SGRE as a
respondent in the LTFV investigation.\4\ In the First Redetermination,
Commerce determined that SGRE was affiliated with Windar and that SGRE
should be collapsed and considered as part of a single entity with
Windar and Windar's manufacturing subsidiaries.\5\ Commerce then
assigned Windar's existing rate to the collapsed SGRE/Windar entity.\6\
Because this rate was the only rate on the record of the proceeding,
the rate for all other producers and exporters of subject merchandise
remained unchanged.\7\
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\4\ See Siemens Gamesa Renewable Energy v. United States, 621 F.
Supp. 3d 1337, 1348-49 (CIT February 16, 2023) (SGRE I).
\5\ See Final Results of Redetermination Pursuant to Court
Remand, Siemens Gamesa Renewable Energy v. United States, 621 F.
Supp. 3d 1337 (CIT 2023), dated June 15, 2023 (First
Redetermination) at 5-6.
\6\ Id. at 6-8.
\7\ Id. at 8-9.
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On October 11, 2023, the CIT remanded the First Redetermination and
ordered Commerce to either: (1) determine a new margin for the SGRE/
Windar collapsed entity that would ``substitute'' for the rate
calculated for Windar in the original investigation; or (2) reverse its
collapsing decision with regard to SGRE and Windar and submit a new
rate for SGRE, while leaving standing the rate calculated for
Windar.\8\ The CIT also held that the all others rate determined in the
First Redetermination was not in compliance with SGRE I.\9\
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\8\ See Siemens Gamesa Renewable Energy v. United States, 659 F.
Supp. 3d 1343 (CIT October 11, 2023).
\9\ Id., 659 F. Supp 3d at 1359.
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In the Second Redetermination, Commerce continued to consider SGRE/
Windar as a single entity and calculated a margin for SGRE/Windar based
on the data the entity provided and that Commerce verified, as
adjusted.\10\ Commerce then assigned SGRE/Windar's calculated margin as
the all-others rate.\11\ On January 28, 2025, the CIT sustained
Commerce's Second Redetermination.\12\
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\10\ See Final Results of Redetermination Pursuant to Court
Remand, Siemens Gamesa Renewable Energy v. United States, 659 F.
Supp. 3d 1343 (CIT 2023), dated June 21, 2024 (Second
Redetermination).
\11\ Id.
\12\ See Siemens Gamesa Renewable Energy v. United States, Court
No. 21-00449, Slip Op. 25-12 (CIT January 28, 2025).
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Timken Notice
In its decision in Timken,\13\ as clarified by Diamond
Sawblades,\14\ the U.S. Court of Appeals for the Federal Circuit held
that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as
amended (the Act), Commerce must publish a notice of court decision
that is not ``in harmony'' with a Commerce determination and must
suspend liquidation of entries pending a ``conclusive'' court decision.
The CIT's January 28, 2025, judgment constitutes a final decision of
the CIT that is not in harmony with Commerce's Final Determination.
Thus, this notice is published in fulfillment of the publication
requirements of Timken.
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\13\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\14\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination
Because there is now a final court judgment, Commerce is amending
its Final Determination with respect to the following exporters and/or
producers:
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Weighted-average
Exporter/producer dumping margin (percent
ad valorem)
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Siemens Gamesa Renewable Energy (SGRE); Windar 28.55
Renovables S.A. (Windar); Tadarsa Eolica SL;
Windar Offshore SL; Windar Wind Services SL;
Aemsa Santana SA; and Apoyos Metalicos SA.....
All Others..................................... 28.55
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Amended AD Order
Pursuant to section 735(c)(2) of the Act, Commerce shall ``issue an
antidumping duty order under section 736'' of the Act when the final
determination is affirmative. As a result of this amended final
determination, Commerce is hereby amending the Order to revise the
weighted-average dumping margins assigned to SGRE/Windar and all-other
producers and exporters of subject merchandise, as noted above.
Cash Deposit Requirements
Because SGRE/Windar does not have a superseding cash deposit rate,
i.e., there have been no final results published in a subsequent
administrative review, and because of the change to the rate assigned
to all other producers and exporters of subject merchandise, Commerce
will issue revised cash deposit instructions to U.S. Customs and Border
Protection.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: February 5, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2025-02448 Filed 2-10-25; 8:45 am]
BILLING CODE 3510-DS-P