Utility Scale Wind Towers From Malaysia: Preliminary Affirmative Countervailing Duty Determination, 15887-15889 [2021-06197]

Download as PDF Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices Records generated from this meeting may be inspected and reproduced at the Regional Programs Unit Office, as they become available, both before and after the meeting. Records of the meeting will be available via https:// www.facadatabase.gov/FACA/ FACAPublicView CommitteeDetails?id=a1 0t0000001gzlZAAQ under the Commission on Civil Rights, Illinois Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission’s website, http://www.usccr.gov, or may contact the Regional Programs Unit at the above email or street address. Agenda I. Welcome & Roll Call II. Chair’s comments III. Discussion: Education Project IV. Next Steps V. Public Comment VI. Adjournment Dated: March 22, 2021. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2021–06175 Filed 3–24–21; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–24–2021] Foreign-Trade Zone 76—Bridgeport, Connecticut; Application for Reorganization Under Alternative Site Framework An application has been submitted to the Foreign-Trade Zones (FTZ) Board by the Bridgeport Port Authority, grantee of FTZ 76, requesting authority to reorganize the zone under the alternative site framework (ASF) adopted by the FTZ Board (15 CFR Sec. 400.2(c)). The ASF is an option for grantees for the establishment or reorganization of zones and can permit significantly greater flexibility in the designation of new subzones or ‘‘usagedriven’’ FTZ sites for operators/users located within a grantee’s ‘‘service area’’ in the context of the FTZ Board’s standard 2,000-acre activation limit for a zone. The application was submitted pursuant to the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a–81u), and the regulations of the Board (15 CFR part 400). It was formally docketed on March 19, 2021. FTZ 76 was approved by the FTZ Board on March 26, 1982 (Board Order 186, 47 FR 14932, April 7, 1982) and expanded on November 9, 1994 (Board VerDate Sep<11>2014 17:52 Mar 24, 2021 Jkt 253001 Order 713, 59 FR 59992, November 21, 1994). The current zone includes the following sites: Site 1 (3 acres)— Foreign-Trade Zone Industrial Park, 939 Barnum Avenue, Bridgeport; Site 2 (14 acres)—Campus Office Park, 480 Barnum Avenue, Bridgeport; Site 3 (36 acres)—Bridgeport Brass Facility, 427 Housatonic Avenue, Bridgeport; Site 4 (50 acres)—Bridgeport Regional Maritime Complex, 837 Seaview Avenue, Bridgeport; Site 5 (20 acres)— Cilco Terminal, 315–441 Seaview Avenue, Bridgeport; and, Site 6 (353 acres)—Remington Woods, 615 Asylum Street, Bridgeport. The zone also includes three subzones: Subzone 76A for ASML US, LLC consisting of five sites in Wilton, Newtown and Bethel; Subzone 76B for MannKind Corporation consisting of two sites in Danbury; and, Subzone 76C for SDI USA, LLC consisting of one site in Meriden. The grantee’s proposed service area under the ASF would include Fairfield and Litchfield Counties as well as a portion of New Haven County, as described in the application. If approved, the grantee would be able to serve sites throughout the service area based on companies’ needs for FTZ designation. The application indicates that the proposed service area is within and adjacent to the Bridgeport, Connecticut Customs and Border Protection port of entry. The applicant is requesting authority to reorganize its existing zone to include existing Site 5 as a ‘‘magnet’’ site and reduce the size of the site to 18.3 acres. The applicant is also requesting that existing Subzone 76A become a subzone under the ASF. The application would have no impact on FTZ 76’s other subzones. In accordance with the FTZ Board’s regulations, Elizabeth Whiteman of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the FTZ Board. Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is May 24, 2021. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to June 8, 2021. A copy of the application will be available for public inspection in the ‘‘Reading Room’’ section of the FTZ Board’s website, which is accessible via www.trade.gov/ftz. For further information, contact Elizabeth PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 15887 Whiteman at Elizabeth.Whiteman@ trade.gov. Dated: March 22, 2021. Andrew McGilvray, Executive Secretary. [FR Doc. 2021–06184 Filed 3–24–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–557–822] Utility Scale Wind Towers From Malaysia: Preliminary Affirmative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of utility scale wind towers (wind towers) from Malaysia. The period of investigation is January 1, 2019, through December 31, 2019. Interested parties are invited to comment on this preliminary determination. DATES: Applicable March 25, 2021. FOR FURTHER INFORMATION CONTACT: Nathan James 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) 482–5305. SUPPLEMENTARY INFORMATION: AGENCY: Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on November 16, 2020.1 On December 28, 2020, Commerce postponed the preliminary determination to March 19, 2021.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics 1 See Utility Scale Wind Towers from India and Malaysia: Initiation of Countervailing Duty Investigations, 85 FR 73019 (November 16, 2020) (Initiation Notice). 2 See Utility Scale Wind Towers from India and Malaysia: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 85 FR 84302 (December 28, 2020). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Countervailing Duty Investigation of Utility Scale Wind Towers from Malaysia,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\25MRN1.SGM 25MRN1 15888 Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary 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 http:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. Scope of the Investigation The product covered by this investigation is wind towers from Malaysia. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the Preamble to Commerce’s regulations,4 we set aside a period of time in the Initiation Notice for parties to raise issues regarding product coverage (i.e., scope).5 We did not receive comments concerning the scope of the investigation of wind towers as it appeared in the Initiation Notice. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.6 All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that, in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. In this investigation, Commerce calculated an estimated countervailable subsidy rate for CS Wind, the only individually-examined exporter/ producer in this investigation. Because 4 See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 85 FR at 73020. 6 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. VerDate Sep<11>2014 17:52 Mar 24, 2021 Jkt 253001 Compliance. Interested parties will be notified of the deadline for the submission of such case briefs and written comments at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.7 Commerce has modified certain of its requirements for serving Preliminary Determination documents containing business Commerce preliminarily determines proprietary information until further that the following estimated notice.8 Pursuant to 19 CFR countervailable subsidy rates exist: 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in Subsidy rate this investigation are encouraged to Company ad valorem (percent) submit with each argument: (1) A statement of the issue; (2) a brief CS Wind Malaysia Sdn Bhd 6.32 All Others .............................. 6.32 summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), Suspension of Liquidation interested parties who wish to request a In accordance with section hearing, limited to issues raised in the 703(d)(1)(B) and (d)(2) of the Act, Commerce will direct U.S. Customs and case and rebuttal briefs, must submit a written request to the Assistant Border Protection (CBP) to suspend Secretary for Enforcement and liquidation of entries of subject Compliance, U.S. Department of merchandise entered, or withdrawn from warehouse, for consumption on or Commerce within 30 days after the date of publication of this notice. Requests after the date of publication of this should contain the party’s name, notice in the Federal Register. Further, address, and telephone number, the pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require number of participants, whether any a cash deposit equal to the rates participant is a foreign national, and a indicated above. list of the issues to be discussed. If a request for a hearing is made, Commerce Disclosure intends to hold the hearing at a time and Commerce intends to disclose its date to be determined. Parties should calculations and analysis performed to confirm by telephone the date, time, and interested parties in this preliminary location of the hearing two days before determination within five days of its the scheduled date. public announcement, or if there is no International Trade Commission public announcement, within five days of the date of this notice, in accordance Notification with 19 CFR 351.224(b). In accordance with section 703(f) of Verification the Act, Commerce will notify the As provided in section 782(i)(1) of the International Trade Commission (ITC) of its determination. If the final Act, Commerce intends to verify the determination is affirmative, the ITC information relied upon in making its will determine before the later of 120 final determination. Normally, days after the date of this preliminary Commerce verifies information using standard procedures, including an ondetermination or 45 days after the final site examination of original accounting, determination whether imports of wind financial, and sales documentation. towers from Malaysia are materially However, due to current travel injuring, or threaten material injury to, restrictions in response to the global the U.S. industry. COVID–19 pandemic, Commerce is unable to conduct on-site verification in Notification to Interested Parties this investigation. Accordingly, we This determination is issued and intend to verify the information relied published pursuant to sections 703(f) upon in making the final determination and 777(i) of the Act, and 19 CFR through alternative means in lieu of an 351.205(c). on-site verification. the only individually calculated rate is not zero, de minimis, or based entirely on facts otherwise available, the estimated weighted-average rate calculated for CS Wind is the rate assigned to all other producers and exporters, pursuant to section 705(c)(5)(A)(i) of the Act. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 7 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 8 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). E:\FR\FM\25MRN1.SGM 25MRN1 Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices VIII. Analysis of Programs IX. Recommendation Dated: March 19, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–06197 Filed 3–24–21; 8:45 am] BILLING CODE 3510–DS–P 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 nonsubject 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 Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope Comments IV. Scope of the Investigation V. Injury Test VI. Subsidies Valuation VII. Use of Facts Otherwise Available VerDate Sep<11>2014 17:52 Mar 24, 2021 Jkt 253001 DEPARTMENT OF COMMERCE International Trade Administration [A–552–827] Mattresses From the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of mattresses from the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2019, through December 31, 2019. DATES: Applicable March 25, 2021. FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Dakota Potts, AD/ CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0193 or (202) 482–0223, respectively. SUPPLEMENTARY INFORMATION: AGENCY: 15889 (collectively, Ashley Group) and Vietnam Glory Home Furnishings Co., Ltd. and Glory (Viet Nam) Industry Co., Ltd. (collectively, Vietnam Glory). We invited interested parties to comment on the Preliminary Determination.2 A summary of the events that occurred since Commerce published the Preliminary Determination may be found in the Issues and Decision Memorandum.3 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 http://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. Scope of the Investigation The products covered by this investigation are mattresses from Vietnam. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation,’’ at Appendix I. Scope Comments In Commerce’s Preliminary Scope Decision Memorandum, we set aside a period of time for parties to raise issues regarding product coverage (i.e., scope) in scope case briefs or other written comments on scope issues.4 Certain interested parties commented on the scope of the investigation as it appeared Background in the Preliminary Scope Decision On November 3, 2020, Commerce Memorandum, unchanged from the published the Preliminary 5 Determination in the LTFV investigation Initiation Notice. For a summary of the product coveragecomments and rebuttal of mattresses from Vietnam, in which responses submitted to the record for we also postponed the final this final determination, and determination until March 18, 2021.1 accompanying discussion and analysis The petitioners in this investigation are of all comments timely received, see the Brooklyn Bedding, Corsicana Mattress 6 Company, Elite Comfort Solutions, FXI, Final Scope Memorandum. In the Final Inc., Innocor, Inc., Kolcraft Enterprises, 2 Id. Inc., Leggett & Platt, Incorporated, the 3 See Memorandum, ‘‘Issues and Decision International Brotherhood of Teamsters, Memorandum for the Final Affirmative and United Steel, Paper and Forestry, Determination in the Less-Than-Fair-Value Investigation of Mattresses from the Socialist Rubber, Manufacturing, Energy, Allied Republic of Vietnam,’’ dated concurrently with, and Industrial and Service Workers hereby adopted by, this notice (Issues and Decision International Union, AFL–CIO (‘‘USW’’) Memorandum). 4 SeeMemorandum, ‘‘Mattresses from Cambodia, (collectively, the petitioners). The Indonesia, Malaysia, Serbia, Thailand, the Republic mandatory respondents in this of Turkey, the Socialist Republic of Vietnam, and investigation are Wanek Furniture Co., the People’s Republic of China: Scope Comments Ltd., Millennium Furniture Co., Ltd., Decision Memorandum for the Preliminary and Comfort Bedding Co., Ltd. Determination,’’ dated October 27, 2020 1 See Mattresses from the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 85 FR 69591 (November 3, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (Preliminary Decision Memorandum). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 (Preliminary Scope Decision Memorandum). 5 See Mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand, the Republic of Turkey, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 85 FR 23002 (April 24, 2020) (Initiation Notice). 6 See Memorandum, ‘‘Mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand, the Republic E:\FR\FM\25MRN1.SGM Continued 25MRN1

Agencies

[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Notices]
[Pages 15887-15889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06197]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-557-822]


Utility Scale Wind Towers From Malaysia: Preliminary Affirmative 
Countervailing Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of utility scale wind towers (wind towers) from Malaysia. The 
period of investigation is January 1, 2019, through December 31, 2019. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable March 25, 2021.

FOR FURTHER INFORMATION CONTACT: Nathan James 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) 482-5305.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on November 
16, 2020.\1\ On December 28, 2020, Commerce postponed the preliminary 
determination to March 19, 2021.\2\ For a complete description of the 
events that followed the initiation of this investigation, see the 
Preliminary Decision Memorandum.\3\ A list of topics

[[Page 15888]]

discussed in the Preliminary Decision Memorandum is included as 
Appendix II to this notice. The Preliminary 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 
http://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------

    \1\ See Utility Scale Wind Towers from India and Malaysia: 
Initiation of Countervailing Duty Investigations, 85 FR 73019 
(November 16, 2020) (Initiation Notice).
    \2\ See Utility Scale Wind Towers from India and Malaysia: 
Postponement of Preliminary Determinations in the Countervailing 
Duty Investigations, 85 FR 84302 (December 28, 2020).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Countervailing Duty Investigation of Utility 
Scale Wind Towers from Malaysia,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is wind towers from 
Malaysia. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\4\ we 
set aside a period of time in the Initiation Notice for parties to 
raise issues regarding product coverage (i.e., scope).\5\ We did not 
receive comments concerning the scope of the investigation of wind 
towers as it appeared in the Initiation Notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice, 85 FR at 73020.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e., a financial contribution by an ``authority'' that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\6\
---------------------------------------------------------------------------

    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that, in the 
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be 
an amount equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
zero and de minimis rates and any rates based entirely under section 
776 of the Act.
    In this investigation, Commerce calculated an estimated 
countervailable subsidy rate for CS Wind, the only individually-
examined exporter/producer in this investigation. Because the only 
individually calculated rate is not zero, de minimis, or based entirely 
on facts otherwise available, the estimated weighted-average rate 
calculated for CS Wind is the rate assigned to all other producers and 
exporters, pursuant to section 705(c)(5)(A)(i) of the Act.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            ad valorem
                                                             (percent)
------------------------------------------------------------------------
CS Wind Malaysia Sdn Bhd................................            6.32
All Others..............................................            6.32
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash 
deposit equal to the rates indicated above.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice, in 
accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination. 
Normally, Commerce verifies information using standard procedures, 
including an on-site examination of original accounting, financial, and 
sales documentation. However, due to current travel restrictions in 
response to the global COVID-19 pandemic, Commerce is unable to conduct 
on-site verification in this investigation. Accordingly, we intend to 
verify the information relied upon in making the final determination 
through alternative means in lieu of an on-site verification.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. Interested parties 
will be notified of the deadline for the submission of such case briefs 
and written comments at a later date. Rebuttal briefs, limited to 
issues raised in case briefs, may be submitted no later than seven days 
after the deadline date for case briefs.\7\ Commerce has modified 
certain of its requirements for serving documents containing business 
proprietary information until further notice.\8\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal 
briefs in this investigation are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \8\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its determination. If the 
final determination is affirmative, the ITC will determine before the 
later of 120 days after the date of this preliminary determination or 
45 days after the final determination whether imports of wind towers 
from Malaysia are materially injuring, or threaten material injury to, 
the U.S. industry.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act, and 19 CFR 351.205(c).


[[Page 15889]]


    Dated: March 19, 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 nonsubject 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 Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Subsidies Valuation
VII. Use of Facts Otherwise Available
VIII. Analysis of Programs
IX. Recommendation

[FR Doc. 2021-06197 Filed 3-24-21; 8:45 am]
BILLING CODE 3510-DS-P