Utility Scale Wind Towers From India and Malaysia; Scheduling of the Final Phase of Countervailing and Antidumping Duty Investigations, 58098-58099 [2021-22804]
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lotter on DSK11XQN23PROD with NOTICES1
58098
Federal Register / Vol. 86, No. 200 / Wednesday, October 20, 2021 / Notices
The RD issued on June 10, 2021. The
RD recommended that, if the
Commission finds a violation of section
337, the Commission should issue a
limited exclusion order having various
durations for each of the various
categories of accused products. RD at
10. The durations of the recommended
exclusion orders range from 1–17
months from issuance. Id. at 10–11. The
RD further recommended that a cease
and desist order would not be
necessary. Id. at 12. The RD additionally
recommended that a bond of 1% of
entered value be imposed during the
period of Presidential review. The
public interest was not delegated to the
CALJ.
On June 21, 2021, Complainants,
Respondents, and OUII filed petitions
for review. On June 29, 2021, the parties
filed responses to the petitions.
On August 4, 2021, the Commission
determined to review in part the final ID
and requested briefing from the parties
on the issues under review. 86 FR 44054
(Aug. 11, 2021). In particular, the
Commission determined to review the
following: (1) The final ID’s findings
and conclusions as to the existence of a
domestic industry and injury to a
domestic industry; and (2) the final ID’s
findings and conclusions regarding the
wrongful taking and use of the Bills of
Materials Trade Secrets and the Custom
Components and Mold Trade Secrets.
Id. at 44054–55. The Commission also
sought briefing from the parties,
interested government agencies, and any
other interested parties on remedy,
public interest, and bonding. Id. at
44055.
On August 19, 2021, the parties filed
their written submissions on the issues
under review and on remedy, public
interest, and bonding, and on August
26, 2021, the parties filed their reply
submissions.
Having examined the record of this
investigation, including the final ID, the
petitions for review, the responses
thereto, and the written submissions
received in response to the
Commission’s request for briefing, the
Commission finds that no violation of
section 337 has occurred. More
specifically, as explained in the
accompanying opinion, the Commission
affirms with modifications the final ID’s
conclusion that Complainants did not
satisfy the domestic industry
requirement, and takes no position as to
the trade secrets issues under review.
The Commission therefore finds that the
Complainants did not establish that an
industry in the United States exists as
required by section 337(a)(1)(A)(i) and
thus did not establish a substantial
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17:55 Oct 19, 2021
Jkt 256001
injury to a domestic industry. The
investigation is hereby terminated.
The Commission vote for this
determination took place on October 14,
2021.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in Part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: October 14, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–22813 Filed 10–19–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–660 and 731–
TA–1543–1544 (Final)]
Utility Scale Wind Towers From India
and Malaysia; Scheduling of the Final
Phase of Countervailing and
Antidumping Duty Investigations
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
DATES:
October 13, 2021.
Julie
Duffy ((202) 708–2579), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
these investigations may be viewed on
the Commission’s electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION: Effective
March 19, 2021, the Commission
established a general schedule for the
conduct of the final phase of its
investigations on utility scale wind
towers (‘‘wind towers’’) from India,
Malaysia, and Spain (86 FR 20197, April
16, 2021), following preliminary
determinations by the U.S. Department
of Commerce (‘‘Commerce’’) that
imports of subject wind towers from
India and Malaysia were subsidized by
the governments of India and Malaysia
FOR FURTHER INFORMATION CONTACT:
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Fmt 4703
Sfmt 4703
(86 FR 15887, March 25, 2021; and 86
FR 15897, March 25, 2021) and imports
of subject wind towers from Spain were
being sold in the United States at less
than fair value (86 FR 17354, April 2,
2021). Notice of the scheduling of the
final phase of the Commission’s
investigations and of a public hearing
held in connection therewith was given
by posting copies of the notice in the
Office of the Secretary, U.S.
International Trade Commission,
Washington, DC, and by publishing the
notice in the Federal Register on April
16, 2021 (86 FR 20197). Counsel for the
Wind Tower Trade Coalition withdrew
its previously filed request to appear at
the hearing, after no other parties
submitted a request to appear, and
indicated a willingness to submit
written responses to any Commission
questions in lieu of an actual hearing.
Consequently, since no party to the
investigation requested a hearing, the
Commission canceled its hearing in
connection with these investigations (86
FR 31730, June 15, 2021). Parties to
these investigations responded to
written questions posed by the
Commission in their posthearing briefs.
The Commission subsequently issued
its final determination that an industry
in the United States was materially
injured by reason of imports of wind
towers from Malaysia provided for in
subheadings 7308.20.00 and 8502.31.00
of the Harmonized Tariff Schedule of
the United States (‘‘HTSUS’’) that have
been found by Commerce to be
subsidized by the government of
Malaysia (86 FR 41087, July 30, 2021).
The Commission subsequently issued
its final determination that an industry
in the United States was materially
injured by reason of imports of wind
towers from Spain provided for in
subheadings 7308.20.00 and 8502.31.00
of the HTSUS that have been found by
Commerce to be sold in the United
States at less than fair value (‘‘LTFV’’)
(86 FR 44748, August 13, 2021).
Commerce recently has issued a final
affirmative countervailing duty
determination with respect to wind
towers from India (86 FR 56896, October
13, 2021) and final affirmative
antidumping duty determinations with
respect to wind towers from India and
Malaysia (86 FR 56890, October 13,
2021; and 86 FR 56894, October 13,
2021). Accordingly, the Commission
currently is issuing a supplemental
schedule for its countervailing duty
investigation on imports of wind towers
from India and antidumping duty
investigations on imports of wind
towers from India and Malaysia.
This supplemental schedule is as
follows: The deadline for filing
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lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 200 / Wednesday, October 20, 2021 / Notices
supplemental party comments on
Commerce’s final countervailing and
antidumping duty determinations is
October 25, 2021. Supplemental party
comments may address only
Commerce’s final countervailing duty
determination regarding imports of
wind towers from India and
antidumping duty determinations
regarding imports of wind towers from
India and Malaysia. These supplemental
final comments may not contain new
factual information and may not exceed
five (5) pages in length. The
supplemental staff report in the final
phase of the current investigations will
be placed in the nonpublic record on
November 8, 2021, and a public version
will be issued thereafter.
For further information concerning
these investigations see the
Commission’s notice cited above and
the Commission’s Rules of Practice and
Procedure, part 201, subparts A and B
(19 CFR part 201), and part 207,
subparts A and C (19 CFR part 207).
Additional written submissions to the
Commission, including requests
pursuant to section 201.12 of the
Commission’s rules, shall not be
accepted unless good cause is shown for
accepting such submissions, or unless
the submission is pursuant to a specific
request by a Commissioner or
Commission staff.
In accordance with sections 201.16(c)
and 207.3 of the Commission’s rules,
each document filed by a party to the
investigations must be served on all
other parties to the investigations (as
identified by either the public or BPI
service list), and a certificate of service
must be timely filed. The Secretary will
not accept a document for filing without
a certificate of service.
Please note the Secretary’s Office will
accept only electronic filings during this
time. Filings must be made through the
Commission’s Electronic Document
Information System (EDIS, https://
edis.usitc.gov.) No in-person paperbased filings or paper copies of any
electronic filings will be accepted until
further notice.
Authority: These investigations are
being conducted under authority of title
VII of the Tariff Act of 1930; this notice
is published pursuant to section 207.21
of the Commission’s rules.
INTERNATIONAL TRADE
COMMISSION
By order of the Commission.
Issued: October 14, 2021.
Lisa Barton,
Secretary to the Commission.
19 U.S.C. 1337(d)(1). A similar
provision applies to cease and desist
orders. 19 U.S.C. 1337(f)(1).
The Commission is soliciting
submissions on public interest issues
raised by the recommended relief
should the Commission find a violation.
[FR Doc. 2021–22804 Filed 10–19–21; 8:45 am]
BILLING CODE 7020–02–P
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Jkt 256001
[Investigation No. 337–TA–1211]
Certain Vaporizer Cartridges and
Components Thereof; Notice of
Request for Submissions on the Public
Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that on
October 14, 2021, the presiding
administrative law judge (‘‘ALJ’’) issued
a Summary Determination on Violation
of Section 337. The ALJ also issued a
Recommended Determination on
remedy and bonding (‘‘RD’’) should a
violation be found in the abovecaptioned investigation. The
Commission is soliciting submissions
on public interest issues raised by the
recommended relief should the
Commission find a violation. This
notice is soliciting comments from the
public only.
FOR FURTHER INFORMATION CONTACT:
Ronald A. Traud, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3427. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. General
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.usitc.gov.
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal on (202)
205–1810.
SUPPLEMENTARY INFORMATION: Section
337 of the Tariff Act of 1930 provides
that, if the Commission finds a
violation, it shall exclude the articles
concerned from the United States:
SUMMARY:
unless, after considering the effect of such
exclusion upon the public health and
welfare, competitive conditions in the United
States economy, the production of like or
directly competitive articles in the United
States, and United States consumers, it finds
that such articles should not be excluded
from entry.
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
58099
Specifically, the RD recommends a
general exclusion order directed to
certain vaporizer cartridges and
components thereof. Alternatively to the
general exclusion order, the RD
recommends a limited exclusion order
directed to certain vaporizer cartridges
and components thereof imported, sold
for importation, and/or sold after
importation by respondents 101 Smoke
Shop, Inc. (‘‘101 Smoke Shop’’); Eon
Pods LLC (‘‘Eon Pods’’); Jem Pods,
U.S.A. (‘‘Jem Pods’’); Sky Distribution
LLC (‘‘Sky Distribution’’); Vapers &
Papers, LLC (‘‘Vapers & Papers’’);
Access Vapor LLC d/b/a Cali Pods
(‘‘Access Vapor’’); eLiquid Stop;
Shenzhen Apoc Technology Co., Ltd.;
Shenzhen Ocity Times Technology Co.,
Ltd.; Evergreen Smokeshop; Shenzhen
Azure Tech USA LLC f/k/a DS Vaping
P.R.C. (‘‘Shenzhen Azure’’); DripTip
Vapes LLC (‘‘DripTip Vapes’’); Modern
Age Tobacco; Dongguan Hengtai
Biotechnology Co., Ltd. d/b/a Mr. Fog;
Shenzhen Yark Technology Co., Ltd.;
Guangdong Cellular Workshop
Electronic Technology Co., Ltd.;
Shenzhen Bauway Technology Ltd.; and
Shango Distribution LLC d/b/a Puff ECig (‘‘Shango Distribution’’). In addition
to an exclusion order (general or
limited), the RD recommended the
issuance of cease and desist orders
directed to 101 Smoke Shop, Eon Pods,
Jem Pods, Sky Distribution, Vapers &
Papers, Access Vapor, eLiquid Stop,
Evergreen Smokeshop, Shenzhen Azure,
DripTip Vapes, Modern Age Tobacco,
and Shango Distribution. Parties to the
investigation are to file public interest
submissions pursuant to 19 CFR
210.50(a)(4).
The Commission is interested in
further development of the record on
the public interest in this investigation.
Accordingly, members of the public are
invited to file submissions of no more
than five (5) pages, inclusive of
attachments, concerning the public
interest in light of the ALJ’s
Recommended Determination on
Remedy and Bonding issued in this
investigation on October 14, 2021.
Comments should address whether
issuance of the recommended remedial
orders in this investigation, should the
Commission find a violation, would
affect the public health and welfare in
the United States, competitive
conditions in the United States
economy, the production of like or
directly competitive articles in the
United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) Explain how the articles
potentially subject to the recommended
E:\FR\FM\20OCN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 200 (Wednesday, October 20, 2021)]
[Notices]
[Pages 58098-58099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22804]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-660 and 731-TA-1543-1544 (Final)]
Utility Scale Wind Towers From India and Malaysia; Scheduling of
the Final Phase of Countervailing and Antidumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
DATES: October 13, 2021.
FOR FURTHER INFORMATION CONTACT: Julie Duffy ((202) 708-2579), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (https://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION: Effective March 19, 2021, the Commission
established a general schedule for the conduct of the final phase of
its investigations on utility scale wind towers (``wind towers'') from
India, Malaysia, and Spain (86 FR 20197, April 16, 2021), following
preliminary determinations by the U.S. Department of Commerce
(``Commerce'') that imports of subject wind towers from India and
Malaysia were subsidized by the governments of India and Malaysia (86
FR 15887, March 25, 2021; and 86 FR 15897, March 25, 2021) and imports
of subject wind towers from Spain were being sold in the United States
at less than fair value (86 FR 17354, April 2, 2021). Notice of the
scheduling of the final phase of the Commission's investigations and of
a public hearing held in connection therewith was given by posting
copies of the notice in the Office of the Secretary, U.S. International
Trade Commission, Washington, DC, and by publishing the notice in the
Federal Register on April 16, 2021 (86 FR 20197). Counsel for the Wind
Tower Trade Coalition withdrew its previously filed request to appear
at the hearing, after no other parties submitted a request to appear,
and indicated a willingness to submit written responses to any
Commission questions in lieu of an actual hearing. Consequently, since
no party to the investigation requested a hearing, the Commission
canceled its hearing in connection with these investigations (86 FR
31730, June 15, 2021). Parties to these investigations responded to
written questions posed by the Commission in their posthearing briefs.
The Commission subsequently issued its final determination that an
industry in the United States was materially injured by reason of
imports of wind towers from Malaysia provided for in subheadings
7308.20.00 and 8502.31.00 of the Harmonized Tariff Schedule of the
United States (``HTSUS'') that have been found by Commerce to be
subsidized by the government of Malaysia (86 FR 41087, July 30, 2021).
The Commission subsequently issued its final determination that an
industry in the United States was materially injured by reason of
imports of wind towers from Spain provided for in subheadings
7308.20.00 and 8502.31.00 of the HTSUS that have been found by Commerce
to be sold in the United States at less than fair value (``LTFV'') (86
FR 44748, August 13, 2021).
Commerce recently has issued a final affirmative countervailing
duty determination with respect to wind towers from India (86 FR 56896,
October 13, 2021) and final affirmative antidumping duty determinations
with respect to wind towers from India and Malaysia (86 FR 56890,
October 13, 2021; and 86 FR 56894, October 13, 2021). Accordingly, the
Commission currently is issuing a supplemental schedule for its
countervailing duty investigation on imports of wind towers from India
and antidumping duty investigations on imports of wind towers from
India and Malaysia.
This supplemental schedule is as follows: The deadline for filing
[[Page 58099]]
supplemental party comments on Commerce's final countervailing and
antidumping duty determinations is October 25, 2021. Supplemental party
comments may address only Commerce's final countervailing duty
determination regarding imports of wind towers from India and
antidumping duty determinations regarding imports of wind towers from
India and Malaysia. These supplemental final comments may not contain
new factual information and may not exceed five (5) pages in length.
The supplemental staff report in the final phase of the current
investigations will be placed in the nonpublic record on November 8,
2021, and a public version will be issued thereafter.
For further information concerning these investigations see the
Commission's notice cited above and the Commission's Rules of Practice
and Procedure, part 201, subparts A and B (19 CFR part 201), and part
207, subparts A and C (19 CFR part 207).
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, https://edis.usitc.gov.)
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.21 of the Commission's rules.
By order of the Commission.
Issued: October 14, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-22804 Filed 10-19-21; 8:45 am]
BILLING CODE 7020-02-P
