Utility Scale Wind Towers From Malaysia: Countervailing Duty Order, 41950-41951 [2021-16621]
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41950
Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices
summary of the argument; and (3) a
table of authorities.9
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, must submit a written request
to the Acting Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS. An
electronically filed document must be
received successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice. Requests should contain: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. Commerce
intends to issue the final results of this
administrative review, including the
results of its analysis of the issues raised
in any written briefs, not later than 120
days after the date of publication of this
notice, unless extended, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of this
administrative review, Commerce shall
determine, and U.S. CBP shall assess,
antidumping duties on all appropriate
entries. If a respondent’s weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.5 percent)
in the final results of this review, we
will calculate importer-specific ad
valorem assessment rates on the basis of
the ratio of the total amount of dumping
calculated for an importer’s examined
sales and the total entered value of those
same sales, in accordance with 19 CFR
351.212(b)(1).10 Where an importerspecific ad valorem assessment rate is
zero or de minimis in the final results
of the review, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.11
Commerce intends to issue
assessment instructions to CBP 35 days
after the date of publication of the final
results of this administrative review in
the Federal Register. If a timely
summons is filed at the U.S. Court of
International Trade, the assessment
instructions will direct CBP not to
liquidate relevant entries until the time
for parties to file a request for a statutory
lotter on DSK11XQN23PROD with NOTICES1
9 See
19 CFR 351.303 (for general filing
requirements).
10 Where Commerce has calculated export
subsidies in a companion countervailing duty order
administrative review, we have made an adjustment
based on the most recently completed review. See
Polyethylene Terephthalate Film Sheet and Strip
from India: Final Results of Countervailing Duty
Administrative Review; 2017, 85 FR 14463 (March
12, 2020).
11 See 19 CFR 351.106(c)(2).
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16:45 Aug 03, 2021
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injunction has expired (i.e., within 90
days of publication.)
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of
PET film from India entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for the company
under review will be the rate
established in the final results of this
review (except, if the rate is zero or de
minimis, no cash deposit will be
required); (2) for previously reviewed or
investigated companies not listed above,
the cash deposit rate will continue to be
the company-specific rate published for
the most recent period; (3) if the
exporter is not a firm covered in this
review, a prior review, or the less-thanfair-value investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters is 5.71 percent.12 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Dated: July 29, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Partial Rescission of Administrative
Review
12 Order.
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Fmt 4703
Sfmt 4703
IV. Scope of the Order
V. Comparisons to Normal Value
VI. Date of Sale
VII. Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2021–16620 Filed 8–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–557–822]
Utility Scale Wind Towers From
Malaysia: Countervailing Duty Order
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 the countervailing
duty order on utility scale wind towers
(wind towers) from Malaysia.
DATES: Applicable August 4, 2021.
FOR FURTHER INFORMATION CONTACT:
Nathan James or Kelsie Hohenberger,
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
and (202) 482–2517, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In accordance with section 705(d) of
the Tariff Act of 1930, as amended (the
Act), on June 9, 2021, Commerce
published its affirmative final
determination in the countervailing
duty investigation of wind towers from
Malaysia.1 On July 26, 2021, the ITC
notified Commerce of its affirmative
final determination that an industry in
the United States is materially injured
within the meaning of section
705(b)(1)(A)(i) of the Act, by reason of
subsidized imports of subject
merchandise from Malaysia.2
Scope of the Order
The products covered by this order
are wind towers from Malaysia. For a
complete description of the scope of the
order, see the appendix to this notice.
1 See Utility Scale Wind Towers from Malaysia:
Final Affirmative Countervailing Duty
Determination, 86 FR 30593 (June 9, 2021).
2 See ITC Letter, ‘‘Notification of ITC Final
Determinations,’’ dated July 26, 2021.
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Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices
lotter on DSK11XQN23PROD with NOTICES1
Countervailing Duty Order
As noted above, on July 26, 2021, in
accordance with section 705(d) of the
Act, the ITC notified Commerce of its
final determination in this investigation,
in which it found that an industry in the
United States is materially injured by
reason of subsidized imports of wind
towers from Malaysia.3 Therefore, in
accordance with section 705(c)(2) of the
Act, Commerce is issuing this
countervailing duty order. Because the
ITC determined that imports of wind
towers from Malaysia are materially
injuring a U.S. industry, unliquidated
entries of such merchandise from
Malaysia, entered or withdrawn from
warehouse for consumption, are subject
to the assessment of countervailing
duties.
In accordance with section 706(a) of
the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
assess, upon further instruction by
Commerce, countervailing duties for all
relevant entries of wind towers from
Malaysia. With the exception of entries
occurring after the expiration of the
provisional measures period and before
the publication of the ITC’s final
affirmative injury determination, as
further described below, countervailing
duties will be assessed on unliquidated
entries of wind towers from Malaysia
entered, or withdrawn from warehouse,
for consumption on or after March 25,
2021, the date of publication of the
Preliminary Determination.4
Suspension of Liquidation and Cash
Deposits
In accordance with section 706 of the
Act, Commerce will instruct CBP to
reinstitute the suspension of liquidation
of wind towers from Malaysia, as
described in the appendix to this notice,
effective on the date of publication of
the ITC’s final affirmative injury
determination in the Federal Register,
and to assess, upon further instruction
by Commerce, pursuant to section
706(a)(1) of the Act, countervailing
duties for each entry of the subject
merchandise in an amount based on the
net countervailable subsidy rates below.
On or after the date of publication of the
ITC’s final injury determination in the
Federal Register, CBP must require, at
the same time as importers would
deposit estimated normal customs
duties on this merchandise, a cash
deposit equal to the rates listed in the
table below. The all-others rate applies
3 Id.
4 See Utility Scale Wind Towers from Malaysia:
Preliminary Affirmative Countervailing Duty
Determination, 86 FR 15887 (March 25, 2021)
(Preliminary Determination).
VerDate Sep<11>2014
16:45 Aug 03, 2021
Jkt 253001
to all producers or exporters not
specifically listed, as appropriate.
Subsidy rate
(percent)
Company
CS Wind Malaysia Sdn Bhd
All Others ..............................
6.42
6.42
Provisional Measures
Section 703(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months. In the underlying
investigation, Commerce published the
Preliminary Determination on March 25,
2021. Therefore, the four-month period
beginning on the date of the publication
of the Preliminary Determination ended
on July 22, 2021.
In accordance with section 703(d) of
the Act, we will instruct CBP to
terminate the suspension of liquidation
and to liquidate, without regard to
countervailing duties, unliquidated
entries of wind towers from Malaysia
entered, or withdrawn from warehouse,
for consumption after July 22, 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 injury
determination in the Federal Register.
Suspension of liquidation will resume
on the date of publication of the ITC’s
final determination in the Federal
Register.
Notification to Interested Parties
This notice constitutes the
countervailing duty order with respect
to wind towers from Malaysia pursuant
to section 706(a) of the Act. Interested
parties can find a list of countervailing
duty orders currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
This order is issued and published in
accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
Dated: July 28, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
Scope of the Order
The merchandise covered by this order
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.
PO 00000
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Fmt 4703
Sfmt 4703
41951
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 order 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 order
is dispositive.
[FR Doc. 2021–16621 Filed 8–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–891]
Carbon and Alloy Steel Wire Rod From
the Republic of Korea: Preliminary
Results of Antidumping Duty
Administrative Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that
POSCO, a producer and exporter of
carbon and alloy steel wire rod (wire
rod) from the Republic of Korea (Korea),
sold subject merchandise in the United
States at prices below normal value
during the period of review (POR) May
1, 2019, through April 30, 2020. We
invite all interested parties to comment
on these preliminary results.
AGENCY:
E:\FR\FM\04AUN1.SGM
04AUN1
]]>Agencies
[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Notices]
[Pages 41950-41951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16621]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-557-822]
Utility Scale Wind Towers From Malaysia: Countervailing Duty
Order
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 the countervailing duty order on utility scale wind
towers (wind towers) from Malaysia.
DATES: Applicable August 4, 2021.
FOR FURTHER INFORMATION CONTACT: Nathan James or Kelsie Hohenberger,
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 and (202)
482-2517, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (the Act), on June 9, 2021, Commerce published its affirmative
final determination in the countervailing duty investigation of wind
towers from Malaysia.\1\ On July 26, 2021, the ITC notified Commerce of
its affirmative final determination that an industry in the United
States is materially injured within the meaning of section
705(b)(1)(A)(i) of the Act, by reason of subsidized imports of subject
merchandise from Malaysia.\2\
---------------------------------------------------------------------------
\1\ See Utility Scale Wind Towers from Malaysia: Final
Affirmative Countervailing Duty Determination, 86 FR 30593 (June 9,
2021).
\2\ See ITC Letter, ``Notification of ITC Final
Determinations,'' dated July 26, 2021.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are wind towers from Malaysia.
For a complete description of the scope of the order, see the appendix
to this notice.
[[Page 41951]]
Countervailing Duty Order
As noted above, on July 26, 2021, in accordance with section 705(d)
of the Act, the ITC notified Commerce of its final determination in
this investigation, in which it found that an industry in the United
States is materially injured by reason of subsidized imports of wind
towers from Malaysia.\3\ Therefore, in accordance with section
705(c)(2) of the Act, Commerce is issuing this countervailing duty
order. Because the ITC determined that imports of wind towers from
Malaysia are materially injuring a U.S. industry, unliquidated entries
of such merchandise from Malaysia, entered or withdrawn from warehouse
for consumption, are subject to the assessment of countervailing
duties.
---------------------------------------------------------------------------
\3\ Id.
---------------------------------------------------------------------------
In accordance with section 706(a) of the Act, Commerce will direct
U.S. Customs and Border Protection (CBP) to assess, upon further
instruction by Commerce, countervailing duties for all relevant entries
of wind towers from Malaysia. With the exception of entries occurring
after the expiration of the provisional measures period and before the
publication of the ITC's final affirmative injury determination, as
further described below, countervailing duties will be assessed on
unliquidated entries of wind towers from Malaysia entered, or withdrawn
from warehouse, for consumption on or after March 25, 2021, the date of
publication of the Preliminary Determination.\4\
---------------------------------------------------------------------------
\4\ See Utility Scale Wind Towers from Malaysia: Preliminary
Affirmative Countervailing Duty Determination, 86 FR 15887 (March
25, 2021) (Preliminary Determination).
---------------------------------------------------------------------------
Suspension of Liquidation and Cash Deposits
In accordance with section 706 of the Act, Commerce will instruct
CBP to reinstitute the suspension of liquidation of wind towers from
Malaysia, as described in the appendix to this notice, effective on the
date of publication of the ITC's final affirmative injury determination
in the Federal Register, and to assess, upon further instruction by
Commerce, pursuant to section 706(a)(1) of the Act, countervailing
duties for each entry of the subject merchandise in an amount based on
the net countervailable subsidy rates below. On or after the date of
publication of the ITC's final injury determination in the Federal
Register, CBP must require, at the same time as importers would deposit
estimated normal customs duties on this merchandise, a cash deposit
equal to the rates listed in the table below. The all-others rate
applies to all producers or exporters not specifically listed, as
appropriate.
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
CS Wind Malaysia Sdn Bhd................................ 6.42
All Others.............................................. 6.42
------------------------------------------------------------------------
Provisional Measures
Section 703(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months. In the underlying investigation, Commerce
published the Preliminary Determination on March 25, 2021. Therefore,
the four-month period beginning on the date of the publication of the
Preliminary Determination ended on July 22, 2021.
In accordance with section 703(d) of the Act, we will instruct CBP
to terminate the suspension of liquidation and to liquidate, without
regard to countervailing duties, unliquidated entries of wind towers
from Malaysia entered, or withdrawn from warehouse, for consumption
after July 22, 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 injury determination in the Federal
Register. Suspension of liquidation will resume on the date of
publication of the ITC's final determination in the Federal Register.
Notification to Interested Parties
This notice constitutes the countervailing duty order with respect
to wind towers from Malaysia pursuant to section 706(a) of the Act.
Interested parties can find a list of countervailing duty orders
currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
This order is issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: July 28, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The merchandise covered by this order 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 order 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
order is dispositive.
[FR Doc. 2021-16621 Filed 8-3-21; 8:45 am]
BILLING CODE 3510-DS-P
