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[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:

------------------------------------------------------------------------
                                                     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
------------------------------------------------------------------------

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
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