Notice2021-17406
Utility Scale Wind Towers From Spain: Antidumping Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 16, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 155 (Monday, August 16, 2021)</title>
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[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Notices]
[Pages 45707-45708]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17406]
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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\
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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).
\2\ See ITC Letter, ``Notification of ITC Final
Determinations,'' dated August 9, 2021.
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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\
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\3\ 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), and accompanying
Preliminary Decision Memorandum.
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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
[[Page 45708]]
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 all-others rate applies to all producers or
exporters not specifically listed, as appropriate.
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\4\ See section 736(a)(3) of the Act.
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Estimated Weighted-Average Dumping Margins
The weighted-average dumping margins for the antidumping duty order
are as follows:
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Dumping margin
Exporter/producer (percent)
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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
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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 four-month 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 <a href="http://enforcement.trade.gov/stats/iastats1.html">http://enforcement.trade.gov/stats/iastats1.html</a>.
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
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</html>Indexed from Federal Register on August 16, 2021.
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