33656 Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices 

11See Memorandum, ‘‘Analysis for the Amended 

Final Results of the Antidumping Duty 

Administrative Review of Welded Carbon Steel 

Standard Pipe and Tube Products from Turkey: 

Borusan Istikbal Ticaret T.A.S. and Borusan 

Mannesmann Boru Sanayi ve Ticaret A.S.,’’ dated 

February 28, 2020. 

12See Borusan’s Final Remand Results Analysis 

Memorandum. 

13See 19 CFR 351.106(c)(2). 

1See Utility Scale Wind Towers from Spain: 

Preliminary Affirmative Determination of Sales at 

Less Than Fair Value, 86 FR 17354 (April 2, 2021) 

(Preliminary Determination). 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Affirmative 

Determination in the Less-Than-Fair-Value 

Investigation of Utility Scale Wind Towers from 

Spain,’’ dated concurrently with, and hereby 

adopted by, this notice (Issues and Decision 

Memorandum). 

Exporter or producer 

Final results 

of review 

weighted-average 

dumping margin 11

Final results 

of remand 

redetermination 

weighted-average 

dumping margin 12

Borusan Mannesmann Boru Sanayi Ve Ticaret A.S./Borusan Mannesmann Pipe U.S. Inc .................. 8.48 4.06 

Cash Deposit Requirements 

Because Borusan has a superseding 

cash deposit rate, i.e., there have been 

final results published in a subsequent 

administrative review, we will not issue 

revised cash deposit instructions to U.S. 

Customs and Border Protection (CBP). 

This notice will not affect the current 

cash deposit rate. 

Liquidation of Suspended Entries 

At this time, Commerce remains 

enjoined by CIT order from liquidating 

entries that: Were produced and/or 

exported by Borusan and were entered, 

or withdrawn from warehouse, for 

consumption during the period May 1, 

2017, through April 30, 2018. These 

entries will remain enjoined pursuant to 

the terms of the injunction during the 

pendency of any appeals process. 

In the event the CIT’s ruling is not 

appealed, or, if appealed, upheld by a 

final and conclusive court decision, 

Commerce intends to instruct CBP to 

assess antidumping duties on 

unliquidated entries of subject 

merchandise produced and exported by 

Borusan in accordance with 19 CFR 

351.212(b). We will instruct CBP to 

assess antidumping duties on all 

appropriate entries covered by this 

review when the importer-specific ad 

valorem assessment rate is not zero or 

de minimis. Where an import-specific 

ad valorem assessment rate is zero or de 

minimis,13 we will instruct CBP to 

liquidate the appropriate entries 

without regard to antidumping duties. 

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: June 21, 2021. 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2021–13591 Filed 6–24–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–469–823] 

Utility Scale Wind Towers From Spain: 

Final 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 imports of 

utility scale wind towers (wind towers) 

from Spain are being, or are likely to be, 

sold in the United States at less than fair 

value (LTFV). The period of 

investigation is July 1, 2019, through 

June 30, 2020. 

DATES: Applicable June 25, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Benito Ballesteros or Christopher 

Maciuba, AD/CVD Operations, Office V, 

Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–7425 or 

(202) 482–0413, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 2, 2021, Commerce 

published in the Federal Register its 

affirmative preliminary determination 

in the LTFV investigation of wind 

towers from Spain.1 We invited 

interested parties to comment on the 

Preliminary Determination. A summary 

of the events that occurred since 

Commerce published the Preliminary 

Determination, as well as a full 

discussion of the issues raised by parties 

for this final determination, may be 

found in the Issues and Decision 

Memorandum.2

Scope of the Investigation 

The products covered by this 

investigation are wind towers from 

Spain. For a full description of the 

scope of this investigation, see 

Appendix I of this notice. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs 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 http://enforcement.trade.gov/frn/. 

Verification 

As stated in the Preliminary 

Determination, after being selected as 

the mandatory respondent, Vestas 

Eolica S.A.U. (Vestas) discontinued its 

participation in this investigation. 

Accordingly, Commerce based the 

Preliminary Determination entirely on 

the application of facts available with 

adverse inferences (AFA), and did not 

conduct verification under section 

782(i) of the Tariff Act of 1930, as 

amended (the Act). 

Use of Adverse Facts Available 

In the Preliminary Determination, 

Commerce found that Vestas failed to 

participate to the best of its ability in 

this investigation. We also found six 

other companies did not cooperate in 

this investigation by failing to provide a 

timely response to Commerce’s quantity 

and value (Q&V) questionnaires. These 

companies are: Acciona Windpower 

S.A.; Gamesa Energy Transmission; 

Haizea Wind Group; Kuzar Systems, 

S.L.; Proyecto Integrales y Logisticos 

S.A.A. (Proinlosa); and Windar 

Revonables. Therefore, in the 

Preliminary Determination, pursuant to 

sections 776(a) and (b) of the Act, we 

assigned these companies dumping 

margins based on total AFA. In applying 


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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices 33657 

3See Petitioner’s Letter, ‘‘Utility Scale Wind 

Towers from India, Malaysia and Spain: Petitions 

for the Imposition of Antidumping and 

Countervailing Duties,’’ dated September 30, 2020 

(Petition). 

total AFA, we assigned an estimated 

weighted-average dumping margin of 

73.00 percent, the sole dumping margin 

alleged in the Petition,3 which is the 

only dumping margin information on 

the record of this investigation, and 

which Commerce corroborated to the 

extent practicable within the meaning of 

section 776(c) of the Act. 

With respect to Proinlosa, in light of 

information provided following the 

Preliminary Determination, we 

determine that Proinlosa attempted to 

contact Commerce in a timely manner 

regarding the Q&V questionnaire in an 

effort to timely submit its Q&V 

questionnaire response. Accordingly, 

having considered the facts and 

circumstances surrounding Proinlosa’s 

Q&V response, we no longer find that 

application of total AFA is appropriate 

with respect to Proinlosa. For further 

discussion of our decision concerning 

Proinlosa, see the Issues and Decision 

Memorandum. For all other companies, 

i.e., Vestas and the five companies that 

failed to respond to Commerce’s Q&V 

questionnaire, we continue to find the 

application of total AFA, pursuant to 

sections 776(a) and (b) of the Act, is 

warranted. 

Changes Since the Preliminary 

Determination 

Based on our analysis of comments 

received, we have modified our 

treatment of Proinlosa. 

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: 

Exporter/producer 

Dumping 

margin 

(percent) 

Vestas Eolica S.A.U ............. 73.00 

Acciona Windpower S.A ....... 73.00 

Gamesa Energy Transmission .............................. 73.00 

Haizea Wind Group .............. 73.00 

Kuzar Systems, S.L .............. 73.00 

Windar Renovables .............. 73.00 

All Others .............................. 73.00 

Disclosure 

The estimated weighted-average 

dumping margins assigned to the 

mandatory respondent and nonresponsive 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 

entries of wind towers from Spain, as 

described in Appendix I of this notice, 

which are entered, or withdrawn from 

warehouse, for consumption on or after 

April 2, 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 

for such entries of merchandise equal to 

the estimated weighted-average 

dumping margin as follows: (1) The 

cash deposit rate for the companies 

listed in the table above will be equal to 

the company-specific estimated 

weighted-average dumping margin 

identified for that company; (2) if the 

exporter is not a company identified 

above, but the producer is, then the cash 

deposit rate will be equal to the 

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 allothers estimated weighted-average 

dumping margin. 

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 the 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 Spain 

no later than 45 days after this final 

determination. If the ITC determines 

that such injury does not exist, this 

proceeding will be terminated, and all 

cash deposits will be refunded. 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 serves as a reminder to 

parties subject to an 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 and notice in accordance 

with sections 735(d) and 777(i)(1) of the 

Act, and 19 CFR 351.210(c). 

Dated: June 14, 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 


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33658 Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices 

1See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Administrative Reviews in Response to Operational 

Adjustments Due to COVID–19,’’ dated April 24, 

2020. 

2See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Administrative Reviews,’’ dated July 21, 2020. 

3See Memorandum, ‘‘Extension of Deadline for 

Preliminary Results of the 2019–2020 Antidumping 

Duty Administrative Review,’’ dated January 26, 

2021. However, on June 17, 2021, the President 

signed into law the Juneteenth National 

Independence Day Act, making June 19 a Federal 

holiday. See Juneteenth National Independence Day 

Act, S. 475, Public Law 117–17 (2021). Because the 

Federal holiday fell on a Saturday, it was observed 

on Friday, June 18, 2021. Where a deadline falls on 

a weekend or Federal holiday, the appropriate 

deadline is the next business day. See Notice of 

Clarification: Application of ‘‘Next Business Day’’ 

Rule for Administrative Determination Deadlines 

Pursuant to the Tariff Act of 1930, As Amended, 70 

FR 24533 (May 10, 2005). Accordingly, the deadline 

for these preliminary results is on June 21, 2021. 

4See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Results of the 2019–2020 

Administrative Review of the Antidumping Duty 

Order on Certain Frozen Warmwater Shrimp from 

India,’’ dated concurrently with, and hereby 

adopted by, this notice (Preliminary Decision 

Memorandum). 

5For a complete description of the scope of the 

order, see Preliminary Decision Memorandum. 

6This rate is based on the weighted-average of the 

margins calculated for those companies selected for 

individual review using the publicly-ranged U.S. 

quantities. Because we cannot apply our normal 

methodology of calculating a weighted-average 

margin due to requests to protect business 

proprietary information, we find this rate to be the 

best proxy of the actual weighted-average margin 

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 Topics Discussed 

in the Issues and Decision 

Memorandum 

I. Summary 

II. Background 

III. Scope of the Investigation 

IV. Changes Since the Preliminary 

Determination 

V. Discussion of the Issues 

Comment 1: Whether Commerce Should 

Have Selected Siemens Gamesa 

Renewable Energy (SGRE) as a 

Mandatory Respondent 

Comment 2: Whether Commerce Should 

List All Non-Responsive Companies in 

the Federal Register Notice 

VI. Recommendation 

[FR Doc. 2021–13547 Filed 6–24–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–533–840] 

Certain Frozen Warmwater Shrimp 

From India: Preliminary Results of 

Antidumping Duty Administrative 

Review; 2019–2020 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that certain frozen warmwater shrimp 

(shrimp) from India is being, or is likely 

to be, sold in the United States at less 

than normal value during the period of 

review (POR) February 1, 2019, through 

January 31, 2020. 

DATES: Effective June 25, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Adam Simons or Ajay Menon, 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) 482–6172 or (202) 482–1992, 

respectively. 

Background 

Commerce is conducting an 

administrative review of the 

antidumping duty order on shrimp from 

India. The review covers 155 producers 

and/or exporters of the subject 

merchandise. Commerce selected two 

mandatory respondents for individual 

examination: RSA Marines and HN 

Indigos. The POR is February 1, 2019, 

through January 31, 2020. On April 24, 

2020, Commerce tolled all deadlines in 

administrative reviews by 50 days.1 On 

July 21, 2020, Commerce tolled all 

deadlines in administrative reviews by 

an additional 60 days.2 In January 2021, 

we extended these preliminary results 

of this review to no later than June 18, 

2021.3 For a complete description of the 

events that followed the initiation of 

this review, see the Preliminary 

Decision Memorandum.4

Scope of the Order 

The merchandise subject to the order 

is certain frozen warmwater shrimp.5

The product is currently classified 

under the following Harmonized Tariff 

Schedule of the United States (HTSUS) 

item numbers: 0306.17.00.03, 

0306.17.00.06, 0306.17.00.09, 

0306.17.00.12, 0306.17.00.15, 

0306.17.00.18, 0306.17.00.21, 

0306.17.00.24, 0306.17.00.27, 

0306.17.00.40, 1605.21.10.30, and 

1605.29.10.10. Although the HTSUS 

numbers are provided for convenience 

and for customs purposes, the written 

product description remains dispositive. 

Methodology 

Commerce is conducting this review 

in accordance with section 751(a)(2) of 

the Tariff Act of 1930, as amended (the 

Act). Export price is calculated in 

accordance with section 772 of the Act. 

Normal value is calculated in 

accordance with section 773 of the Act. 

For a full description of the 

methodology underlying our 

conclusions, see the Preliminary 

Decision Memorandum. The 

Preliminary 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 http://access.trade.gov. In addition, a 

complete version of the Preliminary 

Decision Memorandum can be accessed 

directly at http://enforcement.trade.gov/ 

frn/. A list of the topics discussed in the 

Preliminary Decision Memorandum is 

attached as an Appendix to this notice. 

Preliminary Results of the Review 

As a result of this review, we 

preliminarily determine that weightedaverage dumping margins exist for the 

respondents for the period February 1, 

2019, through January 31, 2020, as 

follows: 

Exporter/producer 

Weightedaverage 

dumping 

margin 

(percent) 

RSA Marines ........................ 4.73 

HN Indigos ............................ 11.36 

Companies Not Selected for 

Individual Review 6 ............ 7.57 

Review-Specific Average Rate for 

Companies Not Selected for Individual 

Review 

The exporters or producers not 

selected for individual review are listed 

in Appendix II. 


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