[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Notices]
[Pages 33656-33658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13547]


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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\
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    \1\ See Utility Scale Wind Towers from Spain: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 86 FR 
17354 (April 2, 2021) (Preliminary Determination).
    \2\ See 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).
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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

[[Page 33657]]

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.
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    \3\ See 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).
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    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:

------------------------------------------------------------------------
                                                              Dumping
                    Exporter/producer                         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 non-responsive 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 all-others 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

[[Page 33658]]

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