Notice2021-22245
Utility Scale Wind Towers From India: Final Affirmative Determination of Sales at Less Than Fair Value
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
October 13, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that utility scale wind towers (wind towers) from India are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation July 1, 2019, through June 30, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 195 (Wednesday, October 13, 2021)</title>
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[Federal Register Volume 86, Number 195 (Wednesday, October 13, 2021)]
[Notices]
[Pages 56890-56892]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22245]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-897]
Utility Scale Wind Towers From India: Final Affirmative
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 utility
scale wind towers (wind towers) from India are being, or are likely to
be, sold in the United States at less than fair value (LTFV) for the
period of investigation July 1, 2019, through June 30, 2020.
DATES: Applicable October 13, 2021.
FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Amaris Wade,
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) 482-1280 or (202)
482-3874, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 24, 2021, Commerce published in the Federal Register the
preliminary affirmative determination in the LTFV investigation of wind
towers from India.\1\ Commerce invited interested parties to comment on
the Preliminary Determination. On June 24, 2021, we received case
briefs from Vestas Wind Technology India Private Limited (Vestas
India); Anand Engineering Products Private Limited, Windar Renewable
Energy Private Limited, and GRI Towers India Private Limited
(collectively, Other Producers); and the Wind Tower Trade Coalition
(the petitioner).\2\ On August 17, 2021, we held a public hearing at
the request of Vestas India, the Other Producers and the petitioner.\3\
A summary of the events that occurred since Commerce published the
Preliminary Determination, may be found in the Issues and Decision
Memorandum.\4\
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\1\ See Utility Scale Wind Towers from India: Preliminary
Affirmative Determinations of Sales at Less than Fair Value, 86 FR
27829 (May 24, 2021) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Vestas India's Letter, ``Vestas' Case Brief,'' dated
June 24, 2021; see also Other Producers' Letter, ``Submission of
Case Brief for `Other Producers,' '' dated June 24, 2021; and
Petitioner's Letter, ``Case Brief,'' dated June 24, 2021. The
petitioner in this investigation is the Wind Tower Trade Coalition,
whose members are Arcosa Wind Towers Inc. and Broadwind Towers, Inc.
\3\ See Transcript to Public Hearing, dated August 17, 2021.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Utility Scale Wind Towers from India,'' 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
India. For a complete description of the scope of this investigation,
see Appendix I.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Verification
Because the sole mandatory respondent in this investigation, Vestas
India, did not cooperate in this investigation by failing to file a
complete response to Commerce's supplemental section D questionnaire by
the established deadline, Commerce reached the Preliminary
Determination entirely on the basis of facts available with the
application of adverse inferences (AFA). As such, because the
Preliminary Determination was based entirely on AFA, we did not conduct
a verification.
Use of Adverse Facts Available
In the Preliminary Determination, Commerce found that the mandatory
respondent, Vestas India, did not cooperate in this investigation by
failing to file a complete response to Commerce's supplemental section
D questionnaire by the established deadline. We also found that five
other companies did not cooperate in this investigation by failing to
provide timely responses to Commerce's quantity and value (Q&V)
questionnaire. These companies are: Acciona Wind Power India Pvt. Ltd.;
Nordex India Pvt.
[[Page 56891]]
Ltd.; Prommada Hindustan Private Ltd.; Vinayaka Energy Tek; and Zeeco
India Pvt. Ltd. Therefore, in the Preliminary Determination, pursuant
to sections 776(a) and (b) of the Tariff Act of 1930, as amended (the
Act), we assigned Vestas India and the five companies which failed to
timely respond to Commerce's Q&V questionnaire a dumping margin based
on total AFA. In applying total AFA, we assigned an estimated weighted-
average dumping margin of 54.03 percent, the sole dumping margin
alleged in the Petition,\5\ which Commerce corroborated to the extent
practicable within the meaning of section 776(c) of the Act. We
continue to find the application of total AFA to Vestas India and the
five companies which failed to respond to Commerce's Q&V questionnaire,
pursuant to sections 776(a) and (b) of the Act, is warranted in the
final determination.
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\5\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated September 30, 2020
(the Petition).
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Changes Since the Preliminary Determination
Based on our analysis of comments received, we made no changes to
the Preliminary Determination.
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:
------------------------------------------------------------------------
Cash deposit rate
Dumping margin (adjusted for
Exporter/producer (percent) subsidy offsets)
\6\ (percent)
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Vestas Wind Technology India 54.03 51.87
Private Limited..................
Acciona Wind Power India Pvt. Ltd. 54.03 51.87
Nordex India Pvt. Ltd............. 54.03 51.87
Prommada Hindustan Private Ltd.... 54.03 51.87
Vinayaka Energy Tek............... 54.03 51.87
Zeeco India Pvt. Ltd.............. 54.03 51.87
All Others........................ 54.03 51.87
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Disclosure
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\6\ See Memorandum, ``Export Subsidies Found in the Companion
Countervailing Duty Investigation,'' dated concurrently with this
notice.
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The estimated weighted-average dumping margins assigned to Vestas
India and the 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 appropriate entries of wind
towers from India, as described in Appendix I of this notice, which
were entered, or withdrawn from warehouse, for consumption on or after
May 24, 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 equal to the
estimated weighted-average dumping margin or the estimated all-others
rate, as follows: (1) The cash deposit rate for the companies listed
above will be equal to the company-specific estimated weighted-average
dumping margin determined in this final determination; (2) if the
exporter is not identified above, but the producer is, then the cash
deposit rate will be equal to the company-specific 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 listed above.
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 this 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 India no later than 45 days
after this final determination. If the ITC determines that such injury
does not exist, this proceeding will be terminated, all cash deposits
posted will be refunded, and suspension of liquidation will be lifted.
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 will serve as a final reminder to the parties subject
to 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 in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
[[Page 56892]]
Dated: October 6, 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 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 Sections in the Issues and Decision Memorandum
I. Summary
II. Background
III. Discussion of the Issues
Comment 1. Whether the Petitioner has Standing in This
Investigation
Comment 2. The Application of Adverse Facts Available (AFA) to
Vestas Wind Technology India Private Limited (Vestas India)
Comment 3. The AFA Rate to Apply to Vestas India
Comment 4. Selection of Appropriate Rate for All Other
Exporters/Producers
Comment 5. Whether Commerce Should Reject the Multinational
Corporation (MNC) and the Particular Market Situation (PMS)
Allegations
IV. Recommendation
[FR Doc. 2021-22245 Filed 10-12-21; 8:45 am]
BILLING CODE 3510-DS-P
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