Buy American Exception Under the American Recovery and Reinvestment Act of 2009, 17456-17457 [2012-7222]
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Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Notices
rates based entirely on AFA under
section 776 of the Act.
Notwithstanding the language of
section 705(c)(5)(A)(i) of the Act, we
have not calculated the ‘‘all others’’ rate
by weight averaging the rates of Trina
Solar and Wuxi Suntech, because doing
so risks disclosure of proprietary
information. Therefore, we have
calculated an average rate using other
information on the record.117 Since both
Trina Solar and Wuxi Suntech received
countervailable export subsidies and the
‘‘all others’’ rate is an average based on
the individually investigated exporters
and producers, the ‘‘all others’’ rate
includes export subsidies.
We preliminarily determine the total
countervailable subsidy rates to be as
follows.
Company
Subsidy rate
Changzhou Trina Solar Energy Co., Ltd. .......................................................................................................................
Trina Solar (Changzhou) Science and Technology Co., Ltd (collectively, Trina Solar)
Wuxi Suntech Power Co., Ltd ........................................................................................................................................
Luoyang Suntech Power Co., Ltd
Suntech Power Co., Ltd
Yangzhou Rietech Renewal Energy Co., Ltd
Zhenjiang Huantai Silicon Science & Technology Co., Ltd
Kuttler Automation Systems (Suzhou) Co., Ltd (collectively, Wuxi Suntech)
All Others Rate ...............................................................................................................................................................
2.90 percent ad valorem.
3.61 percent ad valorem.
Dated: March 19, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Disclosure and Public Comment
In accordance with 19 CFR
351.224(b), we will disclose to the
parties the calculations for this
preliminary determination within five
days of its announcement. We will
notify parties of the schedule for
submitting case briefs and rebuttal
briefs, in accordance with 19 CFR
351.309(c) and 19 CFR 351.309(d)(1),
respectively. A list of authorities relied
upon, a table of contents, and an
executive summary of issues should
accompany any briefs submitted to the
Department. Executive summaries
should be limited to five pages total,
including footnotes. Section 774 of the
Act provides that the Department will
hold a public hearing to afford
interested parties an opportunity to
comment on arguments raised in case or
rebuttal briefs, provided that such a
hearing is requested by an interested
party.
Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Import Administration, U.S. Department
of Commerce, Room 1870, within 30
days of the publication of this notice,
pursuant to 19 CFR 351.310(c). Requests
should contain: (1) The party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed. Oral
presentations will be limited to issues
raised in the briefs. If a request for a
hearing is made in this investigation, we
intend to hold the hearing two days
after the deadline for submission of the
rebuttal briefs, pursuant to 19 CFR
351.310(d). Any such hearing will be
held at the U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
Parties should confirm by telephone, the
date, time, and place of the hearing 48
hours before the scheduled time.
This determination is issued and
published pursuant to sections 703(f)
and 771(i) of the Act.
117 See Memorandum to the File from Emily
Halle, ‘‘Calculation of the All-Others Rate,’’ March
19, 2012, providing the precise calculation and
demonstrating the proximity of the resulting figure
to the figure derived using the business-proprietary
data.
In accordance with sections
703(d)(1)(B) and (2), and 703(e)(2)(A) of
the Act, in light of our preliminary
affirmative determination of critical
circumstances, we are directing CBP to
suspend liquidation of all entries of the
subject merchandise from the PRC that
are entered or withdrawn from
warehouse, for consumption on or after
the date 90 days prior to the date of
publication of this notice in the Federal
Register, and to require a cash deposit
or bond for such entities of the
merchandise in the amounts indicated
above.
ITC Notification
In accordance with section 703(f) of
the Act, we will notify the ITC of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information relating to this
investigation. We will allow the ITC
access to all privileged and business
proprietary information in our files,
provided the ITC confirms that it will
not disclose such information, either
publicly or under an administrative
protective order, without the written
consent of the Assistant Secretary for
Import Administration.
In accordance with section 705(b)(2)
of the Act, if our final determination is
affirmative, the ITC will make its final
determination within 45 days after the
Department makes its final
determination.
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4.73 percent ad valorem.
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[FR Doc. 2012–7273 Filed 3–23–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket Number: 120216139–2138–01]
Buy American Exception Under the
American Recovery and Reinvestment
Act of 2009
National Institute of Standards
and Technology, U.S. Department of
Commerce.
SUMMARY: The Department of
Commerce, National Institute of
Standards and Technology is providing
notice of a determination of an
exception to the Buy American
Provisions of the American Recovery
and Reinvestment Act of 2009 (ARRA or
Recovery Act), for inverters necessary
for the construction of a solar array
system at NIST’s WWVH radio station
in Kauai, HI.
FOR FURTHER INFORMATION CONTACT:
Jason Gerloff, Contracting Officer,
Acquisition Management Division, 303–
497–6320, National Institute of
Standards and Technology, 325
Broadway, Boulder, CO 80305.
SUPPLEMENTARY INFORMATION: Section
1605 of the Recovery Act (Pub. L. 111–
5) prohibits use of recovery funds ‘‘for
a project for the construction, alteration,
maintenance, or repair of a public
building or public work unless all of the
iron, steel, and manufactured goods
AGENCY:
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Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Notices
used in the project are produced in the
United States.’’ However, section
1605(b)(2) allows the head of a Federal
department or agency to issue a
‘‘determination of nonavailability’’ if the
iron, steel, or manufactured good is not
produced or manufactured in the United
States in sufficient and reasonably
available quantities and of a satisfactory
quality. Pursuant to section 1605(b)(2),
and a delegation of authority by the
Secretary of Commerce, the NIST
Director has determined that the
required inverters were not
manufactured in the United States.
In May 2010, NIST awarded a
Recovery Act contract in the amount of
$1,415,000.00 to Adon Construction for
the construction of a 120kw
photovoltaic solar array system to be
built in eight 15kw sub-arrays at NIST’s
WWVH radio station in Kauai, HI. The
objective of the solar array project is to
produce power for the radio station and
feed electricity back to the local grid. By
doing this, the NIST radio station will
be able to cut its utility costs and show
a cost savings for future years on
electricity.
The contract specifications required
that all exterior photovoltaic equipment
be in stainless steel or PVC enclosures
that carried a minimum National
Electrical Manufacturers Association
(NEMA) 3R rating. An inverter is an
essential piece of electrical equipment
that converts DC electrical power to AC
electrical power; without the inverters,
the solar array could not be used for site
operations. In July of 2010, the
contractor proposed using three 5kw,
208V AC, single phase inverters inside
of NEMA 3R, 6060 aluminum
enclosures for each 15kw sub-array. The
contractor notified NIST that its
research indicated there were no
American-made products that met the
project specifications. NIST completed a
review of the contractor’s findings and
concurred that neither the 5kw nor
15kw inverters in stainless steel, PVC,
or aluminum 6060 enclosures were
produced or manufactured in the U.S. in
sufficient and reasonably available
quantities of a satisfactory quality in
July 2010. NIST also determined that
the aluminum enclosures were an
acceptable alternative to the stainless
steel or PVC materials originally
specified because they would be able to
withstand the rigors of outdoor use in a
tropical climate.
Based on NIST and the contractor’s
review of the market place and various
vendors’ product availability, NIST
determined there were no inverters
manufactured in the United States that
met the contract specifications or NIST’s
requirements.
VerDate Mar<15>2010
19:32 Mar 23, 2012
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Authority: Pub. L. 111–5, section 1605.
Dated: March 16, 2012.
Willie E. May,
Associate Director for Laboratory Programs.
[FR Doc. 2012–7222 Filed 3–23–12; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Work Group on Alternative Test
Methods for Commercial Measuring
Devices
National Institute of Standards
and Technology, Commerce.
ACTION: Notice.
AGENCY:
The National Institute of
Standards and Technology (NIST) is
forming a Work Group (WG) to examine
alternative methods for testing the
accuracy of commercial measuring
devices including, but not limited to
retail motor-fuel dispensers. The WG
will investigate the current methodology
and standards (e.g., neck-type
volumetric field standards and
associated test procedures) widely used
by weights and measures officials and
service companies to test commercial
measuring devices as well as proposed
alternatives to ensure that the
methodologies and standards facilitate
measurements that are traceable to the
International System of Units (SI). WG
membership is open to any interested
party. This notice also summarizes key
issues to be considered by this WG.
DATES: An initial WG meeting will be
held on Tuesday, April 24, 2012, from
10 a.m. to 5 p.m. Subsequent meeting
dates will be determined based on the
concurrence of the WG members.
ADDRESSES: An initial meeting of the
WG will be at NIST, 100 Bureau Drive,
Gaithersburg, MD 20899. Subsequent
locations for WG meetings may include
NIST as well as sites suggested by WG
members offering to host meetings. WG
meetings will also be conducted via
Web conferencing. Please note
admittance instructions under the
SUPPLEMENTARY INFORMATION section of
this notice.
FOR FURTHER INFORMATION CONTACT: Ms.
Carol Hockert, Chief, NIST, Office of
Weights and Measures, 100 Bureau
Drive, Stop 2600, Gaithersburg, MD
20899–2600. You may also contact Ms.
Hockert by telephone (301) 975–5507 or
by email at Carol.Hockert@nist.gov.
Please contact Ms. Hockert for
information on upcoming meetings.
SUPPLEMENTARY INFORMATION: The
formation of this WG and its associated
SUMMARY:
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17457
meetings is intended to bring together
government officials and representatives
of business, industry, trade associations,
and consumer organizations on the
subject of standards and test procedures
used in the testing of commercial
measuring devices by regulatory
officials and service companies. NIST
participates to promote uniformity
among the states in laws, regulations,
methods, and testing equipment that
comprises the regulatory control of
commercial weighing and measuring
devices and other trade and commerce
issues.
Included among the topics to be
discussed by the WG for current and
proposed device technologies used in
testing commercial measuring devices
are: metrology laboratory standards and
test procedures; uncertainties;
measurement traceability; tolerances
and other technical requirements for
commercial measuring devices; existing
standards for testing equipment; field
implementation; data analysis; field test
procedures; field enforcement issues;
training at all levels; and other relevant
issues identified by the WG. WG
recommendations may result in the
revision of current standards or the
development of new standards for
testing equipment, including documents
such as the NIST Handbook 105 Series
for field standards; NIST Handbook 44,
Specifications, Tolerances, and
Technical Requirements for Weighing
and Measuring Devices; and NIST
Examination Procedure Outlines, as
well as proposed changes to
requirements and testing procedures for
commercial measuring devices.
All visitors to the NIST site are
required to pre-register to be admitted.
Anyone wishing to attend this meeting
must register by close of business
Tuesday, April 17, 2012, in order to
attend. Please submit your full name,
email address, and phone number to
Ms. Hockert. Non-U.S. citizens must
also submit their country of citizenship,
title, and employer/sponsor. Ms.
Hockert’s email address is carol.
hockert@nist.gov and her phone number
is (301) 975–5507.
Dated: March 16, 2012.
Willie E. May,
Associate Director for Laboratory Programs.
[FR Doc. 2012–7224 Filed 3–23–12; 8:45 am]
BILLING CODE 3510–13–P
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]]>Agencies
[Federal Register Volume 77, Number 58 (Monday, March 26, 2012)]
[Notices]
[Pages 17456-17457]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7222]
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DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
[Docket Number: 120216139-2138-01]
Buy American Exception Under the American Recovery and
Reinvestment Act of 2009
AGENCY: National Institute of Standards and Technology, U.S. Department
of Commerce.
SUMMARY: The Department of Commerce, National Institute of Standards
and Technology is providing notice of a determination of an exception
to the Buy American Provisions of the American Recovery and
Reinvestment Act of 2009 (ARRA or Recovery Act), for inverters
necessary for the construction of a solar array system at NIST's WWVH
radio station in Kauai, HI.
FOR FURTHER INFORMATION CONTACT: Jason Gerloff, Contracting Officer,
Acquisition Management Division, 303-497-6320, National Institute of
Standards and Technology, 325 Broadway, Boulder, CO 80305.
SUPPLEMENTARY INFORMATION: Section 1605 of the Recovery Act (Pub. L.
111-5) prohibits use of recovery funds ``for a project for the
construction, alteration, maintenance, or repair of a public building
or public work unless all of the iron, steel, and manufactured goods
[[Page 17457]]
used in the project are produced in the United States.'' However,
section 1605(b)(2) allows the head of a Federal department or agency to
issue a ``determination of nonavailability'' if the iron, steel, or
manufactured good is not produced or manufactured in the United States
in sufficient and reasonably available quantities and of a satisfactory
quality. Pursuant to section 1605(b)(2), and a delegation of authority
by the Secretary of Commerce, the NIST Director has determined that the
required inverters were not manufactured in the United States.
In May 2010, NIST awarded a Recovery Act contract in the amount of
$1,415,000.00 to Adon Construction for the construction of a 120kw
photovoltaic solar array system to be built in eight 15kw sub-arrays at
NIST's WWVH radio station in Kauai, HI. The objective of the solar
array project is to produce power for the radio station and feed
electricity back to the local grid. By doing this, the NIST radio
station will be able to cut its utility costs and show a cost savings
for future years on electricity.
The contract specifications required that all exterior photovoltaic
equipment be in stainless steel or PVC enclosures that carried a
minimum National Electrical Manufacturers Association (NEMA) 3R rating.
An inverter is an essential piece of electrical equipment that converts
DC electrical power to AC electrical power; without the inverters, the
solar array could not be used for site operations. In July of 2010, the
contractor proposed using three 5kw, 208V AC, single phase inverters
inside of NEMA 3R, 6060 aluminum enclosures for each 15kw sub-array.
The contractor notified NIST that its research indicated there were no
American-made products that met the project specifications. NIST
completed a review of the contractor's findings and concurred that
neither the 5kw nor 15kw inverters in stainless steel, PVC, or aluminum
6060 enclosures were produced or manufactured in the U.S. in sufficient
and reasonably available quantities of a satisfactory quality in July
2010. NIST also determined that the aluminum enclosures were an
acceptable alternative to the stainless steel or PVC materials
originally specified because they would be able to withstand the rigors
of outdoor use in a tropical climate.
Based on NIST and the contractor's review of the market place and
various vendors' product availability, NIST determined there were no
inverters manufactured in the United States that met the contract
specifications or NIST's requirements.
Authority: Pub. L. 111-5, section 1605.
Dated: March 16, 2012.
Willie E. May,
Associate Director for Laboratory Programs.
[FR Doc. 2012-7222 Filed 3-23-12; 8:45 am]
BILLING CODE 3510-13-P
