Utility Scale Wind Towers From India: Countervailing Duty Order, 69012-69014 [2021-26405]
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69012
Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Notices
3. Nature of the Subsidies
Centralized Electronic Service System
VII. Final Results of Review
(ACCESS). ACCESS is available to
VIII. Recommendation
registered users at https://
access.trade.gov. In addition, a complete [FR Doc. 2021–26403 Filed 12–3–21; 8:45 am]
version of the Issues and Decision
BILLING CODE 3510–DS–P
Memorandum can be accessed at https://
access.trade.gov/public/FRNotices
DEPARTMENT OF COMMERCE
ListLayout.aspx.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and
752(b) of the Act, Commerce determines
that revocation of the Order would be
likely to lead to the continuation or
recurrence of countervailable subsidies
at the following net countervailable
subsidy rates listed below:
International Trade Administration
[C–533–898]
Utility Scale Wind Towers From India:
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Net
Commerce (Commerce) and the
countervailable International Trade Commission (ITC),
Producer/exporter
subsidy
Commerce is issuing the countervailing
(percent)
duty order on utility scale wind towers
(wind towers) from India.
MMZ Onur Boru Profil
Uretim San Ve Tic A.S .....
9.87 DATES: Applicable December 6, 2021.
Ozdemir Boru Profil San ve
Tic. Ltd Sti .........................
14.70 FOR FURTHER INFORMATION CONTACT:
All Others ..............................
12.36 David Crespo or Melissa Kinter, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administrative Protective Order (APO)
Administration, U.S. Department of
This notice also serves as the only
Commerce, 1401 Constitution Avenue
reminder to parties subject to an APO of NW, Washington, DC 20230; telephone:
their responsibility concerning the
(202) 482–3693 and (202) 482–1413,
return or destruction of proprietary
respectively.
information disclosed under APO in
SUPPLEMENTARY INFORMATION:
accordance with 19 CFR 351.305.
Timely notification of the return or
Background
destruction of APO materials or
In accordance with section 705(d) of
conversion to judicial protective order is
the Tariff Act of 1930, as amended (the
hereby requested. Failure to comply
Act), on October 13, 2021, Commerce
with the regulations and terms of an
published its affirmative final
APO is a violation which is subject to
determination in the countervailing
sanction.
duty investigation of wind towers from
Notification to Interested Parties
India.1 On November 29, 2021, the ITC
notified Commerce of its affirmative
We are issuing and publishing these
final determination that an industry in
results in accordance with sections
the United States is materially injured
751(c), 752(b), and 777(i)(1) of the Act,
within the meaning of section
and 19 CFR 351.218.
705(b)(1)(A)(i) of the Act, by reason of
Dated: November 29, 2021.
subsidized imports of subject
Ryan Majerus,
merchandise from India.2
Deputy Assistant Secretary for Policy and
Negotiations, Performing The Non-Exclusive
Functions And Duties Of The Assistant
Secretary for Enforcement and Compliance.
khammond on DSKJM1Z7X2PROD with NOTICES
Appendix
List of Issues Addressed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of a Countervailable Subsidy
2. Net Countervailable Subsidy Rates that
Are Likely to Prevail
VerDate Sep<11>2014
20:32 Dec 03, 2021
Jkt 256001
AGENCY:
Scope of the Order
The products covered by this order
are wind towers from India. For a
complete description of the scope of the
order, see the appendix to this notice.
Countervailing Duty Order
As noted above, on November 29,
2021, in accordance with section 705(d)
of the Act, the ITC notified Commerce
1 See
Utility Scale Wind Towers from India: Final
Affirmative Countervailing Duty Determination, 86
FR 56896 (October 13, 2021).
2 See ITC Letter, ‘‘Notification of ITC Final
Determination,’’ dated November 29, 2021.
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
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
India.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 India are
materially injuring a U.S. industry,
unliquidated entries of such
merchandise from India, 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
India. 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 India
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 India, 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 allothers rate applies to all producers or
exporters not specifically listed, as
appropriate.
3 Id.
4 See Utility Scale Wind Towers from India:
Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
Determination with Final Antidumping Duty
Determination, 86 FR 15897 (March 25, 2021)
(Preliminary Determination).
E:\FR\FM\06DEN1.SGM
06DEN1
Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Notices
Producer/exporter
Vestas Wind Technology
India Private Limited .........
Naiks Brass & Iron Works * ..
Nordex India Pvt * .................
Prommada Hindustan * .........
Suzlon Energy * ....................
Vinayaka Energy Tek * .........
Wish Energy Solutions Pvt
Ltd * ...................................
Zeeco India Pvt. Ltd * ...........
All Others ..............................
Percent
ad valorem
2.25
397.70
397.70
397.70
397.70
397.70
397.70
397.70
2.25
* Rate based on adverse facts available.
khammond on DSKJM1Z7X2PROD with NOTICES
Provisional Measures
Section 703(d) of the Act states that
suspension of liquidation 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 instructed CBP to terminate
the suspension of liquidation and to
liquidate, without regard to
countervailing duties, unliquidated
entries of wind towers from India
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 and the
collection of cash deposits will resume
on the date of publication of the ITC’s
final determination in the Federal
Register.
Establishment of the Annual Inquiry
Service Lists
On September 20, 2021, Commerce
published the final rule titled
‘‘Regulations to Improve Administration
and Enforcement of Antidumping and
Countervailing Duty Laws’’ in the
Federal Register.5 On September 27,
2021, Commerce also published the
notice titled ‘‘Scope Ruling Application;
Annual Inquiry Service List; and
Informational Sessions’’ in the Federal
Register.6 The Final Rule and
Procedural Guidance provide that
Commerce will maintain an annual
inquiry service list for each order or
5 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
6 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
VerDate Sep<11>2014
20:32 Dec 03, 2021
Jkt 256001
suspended investigation, and any
interested party submitting a scope
ruling application or request for
circumvention inquiry shall serve a
copy of the application or request on the
persons on the annual inquiry service
list for that order, as well as any
companion order covering the same
merchandise from the same country of
origin.7
In accordance with the Procedural
Guidance, for orders published in the
Federal Register after November 4,
2021, Commerce will create an annual
inquiry service list segment in
Commerce’s online e-filing and
document management system,
Antidumping and Countervailing Duty
Electronic Service System (ACCESS),
available at https://access.trade.gov,
within five business days of publication
of the notice of the order. Each annual
inquiry service list will be saved in
ACCESS, under each case number, and
under a specific segment type called
‘‘AISL-Annual Inquiry Service List.’’ 8
Interested parties who wish to be
added to the annual inquiry service list
for an order must submit an entry of
appearance to the annual inquiry
service list segment for the order in
ACCESS within 30 days after the date of
publication of the order. For ease of
administration, Commerce requests that
law firms with more than one attorney
representing interested parties in an
order designate a lead attorney to be
included on the annual inquiry service
list. Commerce will finalize the annual
inquiry service list within five business
days thereafter. As mentioned in the
Procedural Guidance, the new annual
inquiry service list will be in place until
the following year, when the
Opportunity Notice for the anniversary
month of the order is published.
Commerce may update an annual
inquiry service list at any time as
needed based on interested parties’
amendments to their entries of
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Any changes or
announcements pertaining to these
procedures will be posted to the
7 Id.
8 This segment will be combined with the
ACCESS Segment Specific Information (SSI) field,
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register, also known as
the anniversary month. For example, for an order
under case number A–000–000 that was published
in the Federal Register in January, the relevant
segment and SSI combination will appear in
ACCESS as ‘‘AISL-January Anniversary.’’ Note that
there will be only one annual inquiry service list
segment per case number, and the anniversary
month will be pre-populated in ACCESS.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
69013
ACCESS website at https://
access.trade.gov.
Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 9 Accordingly,
as stated above, the petitioner and the
Government of India should submit
their initial entry of appearance after
publication of this notice in order to
appear in the first annual inquiry
service list. Pursuant to 19 CFR
351.225(n)(3), the petitioner and the
Government of India will not need to
resubmit their entries of appearance
each year to continue to be included on
the annual inquiry service list.
However, the petitioner and the
Government of India are responsible for
making amendments to their entries of
appearance during the annual update to
the annual inquiry service list in
accordance with the procedures
described above.
Notification to Interested Parties
This notice constitutes the
countervailing duty order with respect
to wind towers from India 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 countervailing order is issued
and published in accordance with
section 706(a) of the Act and 19 CFR
351.211(b).
Dated: November 30, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the 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
9 See
E:\FR\FM\06DEN1.SGM
Final Rule, 86 FR at 52335.
06DEN1
69014
Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Notices
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. 2021–26405 Filed 12–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–897, A–557–821]
Utility Scale Wind Towers From India
and Malaysia: Antidumping Duty
Orders
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 antidumping duty
orders on utility scale wind towers
(wind towers) from India and Malaysia.
DATES: Applicable December 6, 2021.
FOR FURTHER INFORMATION CONTACT:
Terre Keaton Stefanova (India); or Mark
Harrison (Malaysia); AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
20:32 Dec 03, 2021
Jkt 256001
NW, Washington, DC 20230; telephone:
(202) 482–1280 and (202) 482–0357,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 13, 2021, Commerce
published in the Federal Register its
affirmative final determinations in the
less-than-fair-value (LTFV)
investigations of wind towers from India
and Malaysia, in accordance with
sections 735(d) and 777(i) of the Tariff
Act of 1930, as amended (the Act).1 On
November 29, 2021, the ITC notified
Commerce of its affirmative final
determinations, pursuant to section
735(d) of the Act that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
LTFV imports of wind towers from
India and Malaysia.2
Scope of the Orders
The products covered by these orders
are wind towers from India and
Malaysia. For a complete description of
the scope of these orders, see the
appendix to this notice.
Antidumping Duty Orders
On November 29, 2021, in accordance
with section 735(d) of the Act, the ITC
notified Commerce of its final
determinations in these investigations,
in which it found that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
imports of wind towers from India and
Malaysia.3 Therefore, in accordance
with section 735(c)(2) of the Act,
Commerce is issuing these antidumping
duty orders. Because the ITC
determined that imports of wind towers
from India and Malaysia are materially
injuring a U.S. industry, unliquidated
entries of such merchandise from India
and Malaysia, entered or withdrawn
from warehouse for consumption, are
subject to the assessment of
antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
1 See Utility Scale Wind Towers from India: Final
Affirmative Determination of Sales at Less Than
Fair Value, 86 FR 56890 (October 13, 2021) (India
Final Determination); see also Utility Scale Wind
Towers from Malaysia: Final Affirmative
Determination of Sales at Less Than Fair Value, 86
FR 56894 (October 13, 2021) (Malaysia Final
Determination).
2 See ITC Letter, ‘‘Notification of ITC Final
Determinations in Investigation Nos. 701–TA–660
and 731–TA–1543–1544 (Final),’’ dated November
29, 2021.
3 Id.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise, for all
relevant entries of wind towers from
India and Malaysia. With the exception
of entries occurring after the expiration
of the provisional measures period and
before publication of the ITC’s final
affirmative injury determinations, as
further described below, antidumping
duties will be assessed on unliquidated
entries of wind towers from India
entered, or withdrawn from warehouse,
for consumption, on or after May 24,
2021, the date of publication of the
India Preliminary Determination.4
Regarding Malaysia, because Commerce
made a preliminary negative
determination of sales at LTFV,5
Commerce did not direct CBP to
suspend liquidation or to require a cash
deposit of estimated antidumping duties
for entries of wind towers from Malaysia
on or after May 24, 2021. However,
because Commerce made a final
affirmative determination of sales at
LTFV, Commerce directed CBP to begin
suspension of liquidation of wind
towers from Malaysia entered or
withdrawn from warehouse for
consumption, on or after October 13,
2021, the date of publication of the
Malaysia Final Determination.6
Continuation of Suspension of
Liquidation
In accordance with section 736 of the
Act, Commerce intends to instruct CBP
to continue to suspend liquidation on
all relevant entries of wind towers from
India and Malaysia. These instructions
suspending liquidation will remain in
effect until further notice.
Commerce also intends to instruct
CBP to require cash deposits equal to
the estimated weighted-average
dumping margins indicated in the tables
below. Accordingly, effective on the
date of publication in the Federal
Register of the notice of the ITC’s final
affirmative injury determinations, CBP
will require, at the same time that
importers would normally deposit
estimated duties on the merchandise, a
cash deposit equal to the rates below.
The relevant all-others rates apply to all
4 See Utility Scale Wind Towers from India:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, 86 FR 27829 (May 24, 2021)
(India Preliminary Determination).
5 See Utility Scale Wind Towers from Malaysia:
Preliminary Determination of Sales at Not Less
Than Fair Value and Postponement of Final
Determination, 86 FR 27828 (May 24, 2021).
6 See Malaysia Final Determination, 86 FR at
56894.
E:\FR\FM\06DEN1.SGM
06DEN1
]]>Agencies
[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Notices]
[Pages 69012-69014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26405]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-898]
Utility Scale Wind Towers From India: 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 India.
DATES: Applicable December 6, 2021.
FOR FURTHER INFORMATION CONTACT: David Crespo or Melissa Kinter, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3693 and (202) 482-1413,
respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (the Act), on October 13, 2021, Commerce published its
affirmative final determination in the countervailing duty
investigation of wind towers from India.\1\ On November 29, 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 India.\2\
---------------------------------------------------------------------------
\1\ See Utility Scale Wind Towers from India: Final Affirmative
Countervailing Duty Determination, 86 FR 56896 (October 13, 2021).
\2\ See ITC Letter, ``Notification of ITC Final Determination,''
dated November 29, 2021.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are wind towers from India. For
a complete description of the scope of the order, see the appendix to
this notice.
Countervailing Duty Order
As noted above, on November 29, 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 India.\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 India are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from India, 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 India. 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 India 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 India: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Determination with Final Antidumping Duty Determination, 86 FR 15897
(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
India, 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.
[[Page 69013]]
------------------------------------------------------------------------
Percent ad
Producer/exporter valorem
------------------------------------------------------------------------
Vestas Wind Technology India Private Limited............ 2.25
Naiks Brass & Iron Works *.............................. 397.70
Nordex India Pvt *...................................... 397.70
Prommada Hindustan *.................................... 397.70
Suzlon Energy *......................................... 397.70
Vinayaka Energy Tek *................................... 397.70
Wish Energy Solutions Pvt Ltd *......................... 397.70
Zeeco India Pvt. Ltd *.................................. 397.70
All Others.............................................. 2.25
------------------------------------------------------------------------
* Rate based on adverse facts available.
Provisional Measures
Section 703(d) of the Act states that suspension of liquidation
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 instructed CBP to
terminate the suspension of liquidation and to liquidate, without
regard to countervailing duties, unliquidated entries of wind towers
from India 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 and the collection of cash deposits will
resume on the date of publication of the ITC's final determination in
the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\5\ On September
27, 2021, Commerce also published the notice titled ``Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions''
in the Federal Register.\6\ The Final Rule and Procedural Guidance
provide that Commerce will maintain an annual inquiry service list for
each order or suspended investigation, and any interested party
submitting a scope ruling application or request for circumvention
inquiry shall serve a copy of the application or request on the persons
on the annual inquiry service list for that order, as well as any
companion order covering the same merchandise from the same country of
origin.\7\
---------------------------------------------------------------------------
\5\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\6\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\7\ Id.
---------------------------------------------------------------------------
In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \8\
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\8\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field, which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance, the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at https://access.trade.gov.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \9\ Accordingly, as stated
above, the petitioner and the Government of India should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list. Pursuant to 19 CFR
351.225(n)(3), the petitioner and the Government of India will not need
to resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioner
and the Government of India are responsible for making amendments to
their entries of appearance during the annual update to the annual
inquiry service list in accordance with the procedures described above.
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\9\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the countervailing duty order with respect
to wind towers from India 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 countervailing order is issued and published in accordance
with section 706(a) of the Act and 19 CFR 351.211(b).
Dated: November 30, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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
[[Page 69014]]
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. 2021-26405 Filed 12-3-21; 8:45 am]
BILLING CODE 3510-DS-P
