Utility Scale Wind Towers From India and Malaysia; Scheduling of the Final Phase of Countervailing and Antidumping Duty Investigations, 58098-58099 [2021-22804]

Download as PDF 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 VerDate Sep<11>2014 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: PO 00000 Frm 00045 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 E:\FR\FM\20OCN1.SGM 20OCN1 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 VerDate Sep<11>2014 17:55 Oct 19, 2021 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 20OCN1

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]


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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