Notice2021-22247
Utility Scale Wind Towers From Malaysia: 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 Malaysia 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 56894-56896]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22247]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-821]
Utility Scale Wind Towers From Malaysia: 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 Malaysia 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: Jerry Huang, 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) 482-4047.
SUPPLEMENTARY INFORMATION:
Background
On May 24, 2021, Commerce published in the Federal Register a
preliminary negative determination in the LTFV investigation of wind
towers from Malaysia.\1\ Commerce invited interested parties to comment
on the Preliminary Determination.\2\ On August 23, 2021, we issued a
post-preliminary determination to address the petitioner's \3\
allegation that Commerce should determine normal value (NV) under
section 773(d) of the Tariff Act of 1930, as amended (the Act), with
respect to CS Wind Corporation and CS Wind Malaysia Sdn Bhd
(collectively, CS Wind).<SUP>4 5</SUP> On August 31, 2021, we received
case briefs from CS Wind and the petitioner.\6\ On September 8, 2021,
we received rebuttal briefs from CS Wind and the petitioner.\7\ On
September 22, 2021, we held a public hearing at the request of the
petitioner.\8\ A summary of the events that occurred since Commerce
published the Preliminary Determination, may be found in the Issues and
Decision Memorandum.\9\
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\1\ See Utility Scale Wind Towers from Malaysia: Preliminary
Determination of Sales at Not Less Than Fair Value and Postponement
of Final Determination, 86 FR 27828 (May 24, 2021) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
\2\ See Preliminary Determination, 86 FR at 27829.
\3\ The petitioner in this investigation is the Wind Tower Trade
Coalition, whose members are Arcosa Wind Towers Inc. and Broadwind
Towers, Inc.
\4\ See Petitioner's Letter, ``Utility Scale Wind Towers from
Malaysia: Multinational Corporation Allegation,'' dated February 2,
2021.
\5\ See Memorandum, ``Post-Preliminary Decision Memorandum in
the Less-Than-Fair-Value Investigation of Utility Scale Wind Towers
from Malaysia,'' dated August 23, 2021.
\6\ See CS Wind's Letter, ``CS Wind' Case Brief,'' dated August
31, 2021; and Petitioner's Letter, ``Case Brief,'' dated August 31,
2021.
\7\ See CS Wind's Letter, ``CS Wind's Rebuttal Brief,'' dated
September 8, 2021; and Petitioner's Letter, ``Petitioner's Rebuttal
Brief,'' dated September 8, 2021.
\8\ See Transcript to Public Hearing, dated September 22, 2021.
\9\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Utility Scale Wind Towers from Malaysia,'' 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
Malaysia. 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
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of an on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Act.\10\
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\10\ See Commerce's In-Lieu-Of-Verification Questionnaire, dated
August 13, 2021; see also CS Wind's Letter, ``Utility Scale Wind
Towers from Malaysia: In Lieu of Verification Questionnaire
Response,'' dated August 23, 2021.
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Changes Since the Preliminary Determination
Based on our review of the record and comments received from
interested parties, we made certain changes to our calculation of CS
Wind's dumping margin. For a discussion of these changes, see the
Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act, provides that Commerce shall
determine an estimated all-others rate for all exporters and producers
not individually examined. This rate shall be an amount equal to the
weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any zero and de minimis margins, and any margins determined
entirely under section 776 of the Act.
Commerce determined an estimated weighted-average dumping margin
for the individually-examined respondent, i.e., CS Wind, that is not
zero, de
[[Page 56895]]
minimis, or determined entirely under section 776 of the Act.
Therefore, we are assigning the dumping margin calculated for the sole
mandatory respondent as the all-others rate for this final
determination.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
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\11\ See Memorandum, ``Export Subsidies Found in the Companion
Countervailing Duty Investigation,'' dated concurrently with this
notice.
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Cash deposit rate
Dumping margin (adjusted for
Exporter/producer (percent) subsidy offsets)
11 (percent)
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CS Wind Corporation/CS Wind 3.20 0.00
Malaysia Sdn Bhd.................
All Others........................ 3.20 0.00
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Disclosure
Commerce intends to disclose its calculations and analysis
performed in this final determination within five days of any public
announcement or, if there is no public announcement, within five days
of the date of publication of this notice in accordance with 19 CFR
351.224(b).
Suspension of Liquidation
In accordance with section 735(c)(1)(B) and (C) of the Act, for
this final determination, we will direct U.S. Customs and Border
Protection (CBP) to suspend liquidation of all appropriate entries of
wind towers from Malaysia, as described in Appendix I of this notice,
which were entered, or withdrawn from warehouse, for consumption on or
after the date of publication of this notice in the Federal Register.
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 respondent 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 the 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)(3) 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 Malaysia no later than 75
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 ``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).
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
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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 Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Collapsing CS Wind Malaysia with CS Wind Corporation
Comment 2: Total Adverse Facts Available (AFA) for CS Wind
Comment 3: Date of Sale
Comment 4: Fees for Certain U.S. Sales
Comment 5: Steel Consumption for Door Frames
Comment 6: General and Administrative (G&A) Expense Ratio
Comment 7: Steel Plate Costs
Comment 8: Application of the Multinational Corporation (MNC)
Provision to Non-Market Economy (NME) Countries
Comment 9: Constructed Value (CV) Profit and CV Selling Expense
Ratios
Comment 10: Double Counting of Foreign Currency Translation
Gains and Losses
V. Recommendation
[FR Doc. 2021-22247 Filed 10-12-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 13, 2021.
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