Notice2021-26404
Utility Scale Wind Towers From India and Malaysia: Antidumping Duty Orders
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
December 6, 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 antidumping duty orders on utility scale wind towers (wind towers) from India and Malaysia.
Full Text
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<title>Federal Register, Volume 86 Issue 231 (Monday, December 6, 2021)</title>
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[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Notices]
[Pages 69014-69016]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26404]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-897, A-557-821]
Utility Scale Wind Towers From India and Malaysia: Antidumping
Duty Orders
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 antidumping duty orders on utility scale wind
towers (wind towers) from India and Malaysia.
DATES: Applicable December 6, 2021.
FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova (India); or
Mark Harrison (Malaysia); AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-1280 and (202) 482-0357, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 13, 2021, Commerce published in the Federal Register its
affirmative final determinations in the less-than-fair-value (LTFV)
investigations of wind towers from India and Malaysia, in accordance
with sections 735(d) and 777(i) of the Tariff Act of 1930, as amended
(the Act).\1\ On November 29, 2021, the ITC notified Commerce of its
affirmative final determinations, pursuant to section 735(d) of the Act
that an industry in the United States is materially injured within the
meaning of section 735(b)(1)(A)(i) of the Act by reason of LTFV imports
of wind towers from India and Malaysia.\2\
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\1\ See Utility Scale Wind Towers from India: Final Affirmative
Determination of Sales at Less Than Fair Value, 86 FR 56890 (October
13, 2021) (India Final Determination); see also Utility Scale Wind
Towers from Malaysia: Final Affirmative Determination of Sales at
Less Than Fair Value, 86 FR 56894 (October 13, 2021) (Malaysia Final
Determination).
\2\ See ITC Letter, ``Notification of ITC Final Determinations
in Investigation Nos. 701-TA-660 and 731-TA-1543-1544 (Final),''
dated November 29, 2021.
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Scope of the Orders
The products covered by these orders are wind towers from India and
Malaysia. For a complete description of the scope of these orders, see
the appendix to this notice.
Antidumping Duty Orders
On November 29, 2021, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determinations in these
investigations, in which it found that an industry in the United States
is materially injured within the meaning of section 735(b)(1)(A)(i) of
the Act by reason of imports of wind towers from India and Malaysia.\3\
Therefore, in accordance with section 735(c)(2) of the Act, Commerce is
issuing these antidumping duty orders. Because the ITC determined that
imports of wind towers from India and Malaysia are materially injuring
a U.S. industry, unliquidated entries of such merchandise from India
and Malaysia, entered or withdrawn from warehouse for consumption, are
subject to the assessment of antidumping duties.
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\3\ Id.
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Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct 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 India and Malaysia. With the
exception of entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final affirmative
injury determinations, as further described below, antidumping duties
will be assessed on unliquidated entries of wind towers from India
entered, or withdrawn from warehouse, for consumption, on or after May
24, 2021, the date of publication of the India Preliminary
Determination.\4\ Regarding Malaysia, because Commerce made a
preliminary negative determination of sales at LTFV,\5\ Commerce did
not direct CBP to suspend liquidation or to require a cash deposit of
estimated antidumping duties for entries of wind towers from Malaysia
on or after May 24, 2021. However, because Commerce made a final
affirmative determination of sales at LTFV, Commerce directed CBP to
begin suspension of liquidation of wind towers from Malaysia entered or
withdrawn from warehouse for consumption, on or after October 13, 2021,
the date of publication of the Malaysia Final Determination.\6\
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\4\ See Utility Scale Wind Towers from India: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, 86 FR
27829 (May 24, 2021) (India Preliminary Determination).
\5\ 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).
\6\ See Malaysia Final Determination, 86 FR at 56894.
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Continuation of Suspension of Liquidation
In accordance with section 736 of the Act, Commerce intends to
instruct CBP to continue to suspend liquidation on all relevant entries
of wind towers from India and Malaysia. These instructions suspending
liquidation will remain in effect until further notice.
Commerce also intends to instruct CBP to require cash deposits
equal to the estimated weighted-average dumping margins indicated in
the tables below. Accordingly, effective on the date of publication in
the Federal Register of the notice of the ITC's final affirmative
injury determinations, CBP will require, at the same time that
importers would normally deposit estimated duties on the merchandise, a
cash deposit equal to the rates below. The relevant all-others rates
apply to all
[[Page 69015]]
producers or exporters not specifically listed.
Provisional Measures
Section 733(d) of the Act states that instructions issued under
section 733(d)(1) and (2) of the Act 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 that Commerce extends the
four-month period to no more than six months. At the request of the
exporter that accounts for a significant proportion of wind towers from
India, Commerce extended the four-month period to six months in the
wind towers from India investigation. Commerce published the India
Preliminary Determination on May 24, 2021.\7\
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\7\ See India Preliminary Determination, 86 FR at 27829.
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The extended provisional measures period, beginning on the date of
publication of the India Preliminary Determination, ended on November
19, 2021. Therefore, in accordance with section 733(d) of the Act,
Commerce intends to instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of wind towers from India entered, or withdrawn
from warehouse, for consumption after November 19, 2021, the final day
on which the provisional measures were in effect, until and through the
day preceding the date of publication of the ITC's final affirmative
injury determination in the Federal Register. Suspension of liquidation
and the collection of cash deposits will resume on the date of
publication of the ITC's final determination in the Federal Register.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
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\8\ See India Final Determination, 86 FR at 56891.
\9\ See Malaysia Final Determination, 86 FR at 56895.
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Cash deposit rate
Estimated weighted- (adjusted for
Exporter/producer average dumping subsidy offsets)
margin (percent) \8\ (percent)
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India:
Vestas Wind Technology 54.03 51.87
India Private Limited....
Acciona Winder Power India 54.03 51.87
Pvt. Ltd.................
Nordex India Pvt. Ltd..... 54.03 51.87
Prommada Hindustan Private 54.03 51.87
Ltd......................
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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Cash deposit rate
Estimated weighted- (adjusted for
Exporter/producer average dumping subsidy offsets)
margin (percent) \9\ (percent)
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Malaysia:
CS Wind Corporation/CS 3.20 0.00
Wind Malaysia Sdn Bhd....
All Others................ 3.20 0.00
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Establishment of the Annual Inquiry Service List
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\10\ On
September 27, 2021, Commerce also published the notice titled ``Scope
Ruling Application; Annual Inquiry Service List; and Informational
Sessions'' in the Federal Register.\11\ The Final Rule and Procedural
Guidance provide that Commerce will maintain an annual inquiry service
list for each order or suspended investigation, and any interested
party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.\12\
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\10\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\11\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\12\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
order. Each annual inquiry service list will be saved in ACCESS, under
each case number, and under a specific segment type called ``AISL-
Annual Inquiry Service List.'' \13\
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\13\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field, which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the
[[Page 69016]]
Procedural Guidance, the new annual inquiry service list will be in
place until the following year, when the Opportunity Notice for the
anniversary month of the order is published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at <a href="https://access.trade.gov">https://access.trade.gov</a>.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \14\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list for those orders for
which they qualify as an interested party. Pursuant to 19 CFR
351.225(n)(3), the petitioners and foreign governments will not need to
resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioners
and foreign governments are responsible for making amendments to their
entries of appearance during the annual update to the annual inquiry
service list in accordance with the procedures described above.
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\14\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
wind towers from India and Malaysia 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>.
These antidumping duty orders are published in accordance with
section 736(a) of the Act and 19 CFR 351.211(b).
Dated: November 30, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Orders
The merchandise covered by these orders 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 these orders 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 these
orders is dispositive.
[FR Doc. 2021-26404 Filed 12-3-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 6, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.