Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices 45707 

1See Utility Scale Wind Towers from Spain: Final 

Determination of Sales at Less Than Fair Value, 86 

FR 33656 (June 25, 2021) (Final Determination). 

2See ITC Letter, ‘‘Notification of ITC Final 

Determinations,’’ dated August 9, 2021. 

3See Utility Scale Wind Towers from Spain: 

Preliminary Affirmative Determination of Sales at 

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

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum. 

software or technology (hereinafter 

collectively referred to as ‘‘item’’) 

exported or to be exported from the 

United States that is subject to the 

Regulations, including, but not limited 

to: 

A. Applying for, obtaining, or using 

any license, license exception, or export 

control document; 

B. Carrying on negotiations 

concerning, or ordering, buying, 

receiving, using, selling, delivering, 

storing, disposing of, forwarding, 

transporting, financing, or otherwise 

servicing in any way, any transaction 

involving any item exported or to be 

exported from the United States that is 

subject to the Regulations, or engaging 

in any other activity subject to the 

Regulations; or 

C. Benefitting in any way from any 

transaction involving any item exported 

or to be exported from the United States 

that is subject to the Regulations, or 

from any other activity subject to the 

Regulations. 

Second, no person may, directly or 

indirectly, do any of the following: 

A. Export or reexport to or on behalf 

of the Denied Person any item subject to 

the Regulations; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

the Denied Person of the ownership, 

possession, or control of any item 

subject to the Regulations that has been 

or will be exported from the United 

States, including financing or other 

support activities related to a 

transaction whereby the Denied Person 

acquires or attempts to acquire such 

ownership, possession or control; 

C. Take any action to acquire from or 

to facilitate the acquisition or attempted 

acquisition from the Denied Person of 

any item subject to the Regulations that 

has been exported from the United 

States; 

D. Obtain from the Denied Person in 

the United States any item subject to the 

Regulations with knowledge or reason 

to know that the item will be, or is 

intended to be, exported from the 

United States; or 

E. Engage in any transaction to service 

any item subject to the Regulations that 

has been or will be exported from the 

United States and which is owned, 

possessed or controlled by the Denied 

Person, or service any item, of whatever 

origin, that is owned, possessed or 

controlled by the Denied Person if such 

service involves the use of any item 

subject to the Regulations that has been 

or will be exported from the United 

States. For purposes of this paragraph, 

servicing means installation, 

maintenance, repair, modification or 

testing. 

Third, pursuant to Section 1760(e) of 

the Export Control Reform Act (50 

U.S.C. 4819(e)) and Sections 766.23 and 

766.25 of the Regulations, any other 

person, firm, corporation, or business 

organization related to Taerri by 

ownership, control, position of 

responsibility, affiliation, or other 

connection in the conduct of trade or 

business may also be made subject to 

the provisions of this Order in order to 

prevent evasion of this Order. 

Fourth, in accordance with Part 756 of 

the Regulations, Taerri may file an 

appeal of this Order with the Under 

Secretary of Commerce for Industry and 

Security. The appeal must be filed 

within 45 days from the date of this 

Order and must comply with the 

provisions of Part 756 of the 

Regulations. 

Fifth, a copy of this Order shall be 

delivered to Taerri and shall be 

published in the Federal Register. 

Sixth, this Order is effective 

immediately and shall remain in effect 

until June 4, 2030. 

John Sonderman, 

Director, Office of Export Enforcement. 

[FR Doc. 2021–17454 Filed 8–13–21; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–469–823] 

Utility Scale Wind Towers From Spain: 

Antidumping Duty Order 

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 an antidumping 

duty order on utility scale wind towers 

(wind towers) from Spain. 

DATES: Applicable August 16, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Benito Ballesteros or Christopher 

Maciuba, 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) 482–7425 or 

(202) 482–0413. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 25, 2021, Commerce 

published its affirmative final 

determination in the less-than-fair-value 

(LTFV) investigation of wind towers 

from Spain.1 On August 9, 2021, the ITC 

notified Commerce of its final 

affirmative determination that an 

industry in the United States is 

materially injured within the meaning 

of section 735(b)(1)(A)(i) of the Tariff 

Act of 1930, as amended (the Act), by 

reason of imports of wind towers from 

Spain that are sold in the United States 

at LTFV.2

Scope of the Order 

The products covered by this order 

are wind towers. For a complete 

description of the scope of the order, see 

the appendix to this notice. 

Antidumping Duty Order 

On August 9, 2021, in accordance 

with sections 735(b)(1)(A)(i) and 735(d) 

of the Act, the ITC notified Commerce 

of its final determination that an 

industry in the United States is 

materially injured by reason of imports 

of wind towers from Spain. Therefore, 

in accordance with sections 735(c)(2) of 

the Act, Commerce is issuing this 

antidumping duty order. Because the 

ITC determined that imports of wind 

towers from Spain are materially 

injuring a U.S. industry, unliquidated 

entries of such merchandise from Spain, 

which are entered or withdrawn from 

warehouse for consumption, are subject 

to the assessment of antidumping 

duties. 

In accordance with section 736(b)(1) 

of the Act, Commerce will instruct 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 Spain. Antidumping 

duties will be assessed on unliquidated 

entries of wind towers from Spain 

which are entered, or withdrawn from 

warehouse, for consumption on or after 

April 2, 2021, the date of publication of 

the Preliminary Determination.3

Suspension of Liquidation and Cash 

Deposits 

In accordance with section 736 of the 

Act, Commerce will instruct CBP to 

reinstitute the suspension of liquidation 

of all relevant entries of wind towers 

from Spain as described in the 


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45708 Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices 

4See section 736(a)(3) of the Act. 

Appendix to this notice which are 

entered, or withdrawn from warehouse 

for consumption, on or after the date of 

publication of the ITC’s notice of final 

determination in the Federal Register. 

These instructions suspending 

liquidation will remain in effect until 

further notice. 

We will also instruct CBP to require 

cash deposits for estimated antidumping 

duties equal to the rates listed below. 

Accordingly, effective on the date of 

publication in the Federal Register of 

the ITC’s final affirmative injury 

determination, CBP will require, at the 

same time as importers would normally 

deposit estimated duties on this subject 

merchandise, a cash deposit equal to the 

cash deposit rates listed below.4 The allothers rate applies to all producers or 

exporters not specifically listed, as 

appropriate. 

Estimated Weighted-Average Dumping 

Margins 

The weighted-average dumping 

margins for the antidumping duty order 

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 

Provisional Measures 

Section 733(d) of the Act states that 

suspension of liquidation 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 Commerce extended the fourmonth period to no more than six 

months. Commerce published the 

Preliminary Determination on April 2, 

2021. The four-month period beginning 

on the date of publication of the 

Preliminary Determination ended on 

July 30, 2021. Furthermore, section 

737(b) of the Act states that definitive 

duties are to begin on the date of 

publication of the ITC’s final injury 

determination. 

Therefore, in accordance with section 

733(d) of the Act, we will instruct CBP 

to terminate the suspension of 

liquidation and to liquidate, without 

regard to antidumping duties, 

unliquidated entries of wind towers 

from Spain entered, or withdrawn from 

warehouse, for consumption after July 

30, 2021, the date on which the 

provisional measures expired, until and 

through the day preceding the date of 

publication of the ITC’s final injury 

determinations in the Federal Register. 

Suspension of liquidation will resume 

on the date of publication of the ITC’s 

final determinations in the Federal 

Register. 

Notifications to Interested Parties 

This notice constitutes the 

antidumping duty order with respect to 

wind towers from Spain 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. 

This order is published in accordance 

with section 736(a) of the Act and 19 

CFR 351.211(b). 

Dated: August 10, 2021. 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

Appendix 

Scope of the Order 

The merchandise covered by this order 

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 this order 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 the order 

is dispositive. 

[FR Doc. 2021–17406 Filed 8–13–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Comment 

Request; Application for Export Trade 

Certificate of Review 

The Department of Commerce will 

submit the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with the Paperwork Reduction Act of 

1995, on or after the date of publication 

of this notice. We invite the general 

public and other Federal agencies to 

comment on proposed, and continuing 

information collections, which helps us 

assess the impact of our information 

collection requirements and minimize 

the public’s reporting burden. Public 

comments were previously requested 

via the Federal Register on June 8, 2021 

(86 FR 3048) during a 60-day comment 

period. This notice allows for an 

additional 30 days for public comments. 

Agency: International Trade 

Administration, Commerce. 

Title: Export Trade Certificate of 

Review. 

OMB Control Number: 0625–0125. 

Form Number(s): ITA–4093P. 

Type of Request: Extension of a 

current information collection. 

Number of Respondents: 9. 

Average Hours per Response: 32 

hours (application); 2 hours (annual 

report). 

Burden Hours: 440 hours. 

Needs and Uses: The collection of 

information is necessary for both the 

Departments of Commerce and Justice to 

conduct an analysis, in order to 

determine whether the applicant and its 

members are eligible to receive the 

protection of an Export Trade Certificate 

of Review and whether the applicant’s 

proposed export-related conduct meets 


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