Utility Scale Wind Towers From Indonesia: Notice of Court Decision Not in Harmony With the Final Determination of Countervailing Duty Investigation; Notice of Amended Final Determination; Notice of Revocation of Countervailing Duty Order, 2137-2138 [2022-00633]

Download as PDF Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Notices (210) 419–3043, Email: oscar.magana@trade.gov 9. Meredith Boyle, International Trade Specialist (Aerospace & Defense), Office of Transportation and Machinery, Tel: +202–839–2347, Email: meredith.boyle@trade.gov Dated: January 4, 2022. Renee Diggs, International Trade Specialist, ITA Events Management Task Force. [FR Doc. 2022–00220 Filed 1–12–22; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration [C–560–834] Utility Scale Wind Towers From Indonesia: Notice of Court Decision Not in Harmony With the Final Determination of Countervailing Duty Investigation; Notice of Amended Final Determination; Notice of Revocation of Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 28, 2021, the U.S. Court of International Trade (CIT) issued its final judgment in PT. Kenertec Power System v. United States, Consol. Ct. No. 20–03687, sustaining the Department of Commerce (Commerce)’s remand redetermination pertaining to the countervailing duty (CVD) investigation of utility scale wind towers (wind towers) from Indonesia covering the period of investigation, January 1, 2018, through December 31, 2018. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s final determination in that investigation and that Commerce is amending the final determination with respect to the countervailable subsidy rate determined for PT. Kenertec Power System (Kenertec). Because the amended countervailable subsidy rate determined for Kenertec, the only individuallyexamined respondent in the investigation, is now de minimis, Commerce is hereby revoking the CVD order. DATES: Applicable January 7, 2022. FOR FURTHER INFORMATION CONTACT: Alex Wood 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) 482–1959 or (202) 482–1413, respectively. jspears on DSK121TN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 18:18 Jan 12, 2022 Jkt 256001 SUPPLEMENTARY INFORMATION: Background On July 6, 2020, Commerce published its final determination in the CVD investigation of wind towers from Indonesia. Commerce reached an affirmative determination that Kenertec received countervailable subsidies at a net countervailable subsidy rate of 5.90 percent.1 Commerce subsequently published the CVD order on wind towers from Indonesia.2 Kenertec and the Wind Tower Trade Coalition, the petitioner in the investigation, appealed Commerce’s Final Determination. On July 20, 2021, the CIT remanded the Final Determination to Commerce, directing Commerce to address whether it improperly included an export subsidy in its upstream subsidy calculation.3 In the final remand redetermination, issued in August 2021, Commerce: (1) Determined that the Rediscount Loan Program is an export subsidy; (2) concluded that the export subsidy was improperly included in the upstream subsidy calculation for Kenertec in the Final Determination; and (3) excluded the export subsidy from the calculation.4 The changes made in the Final Redetermination resulted in a de minimis net countervailable subsidy rate of 0.85 percent for Kenertec. The CIT sustained Commerce’s Final Redetermination.5 Timken Notice In its decision in Timken,6 as clarified by Diamond Sawblades,7 the Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in 1 See Utility Scale Wind Towers from Indonesia: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances, 85 FR 40241 (July 6, 2020) (Final Determination). 2 See Utility Scale Wind Towers from Canada, Indonesia, and the Socialist Republic of Vietnam: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Orders, 85 FR 52543 (August 26, 2020). 3 See PT. Kenertec Power System v. United States, Consol. Ct. No. 20–03687, CM/ECF Doc. No. 38 (CIT July 20, 2021). 4 See Final Results of Redetermination Pursuant to Court Remand, PT. Kenertec Power System & Wind Tower Trade Coalition v. United States, Consol. Ct. No. 20–03687, dated August 18, 2021 (Final Redetermination), available at https:// access.trade.gov/resources/remands/20-03687.pdf. 5 See PT. Kenertec Power System v. United States, Consol. Ct. No. 20–03687, Slip Op. 21–175 (CIT December 28, 2021). 6 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 7 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 2137 harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s December 28, 2021, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Determination. Thus, this notice is published in fulfillment of the publication requirements of Timken. Amended Final Determination Because there is now a final court judgment, Commerce is amending its Final Determination with respect to Kenertec as follows: Producer/exporter PT Kenertec Power System. Percent ad valorem 0.85 (de minimis). Revocation of Countervailing Duty Order Pursuant to section 705(a)(3) of the Act, Commerce ‘‘shall disregard any countervailable subsidy that is de minimis as defined in section 703(b)(4)’’ of the Act. Furthermore, and pursuant to section 705(c)(2) of the Act, ‘‘the investigation shall be terminated upon publication of that negative determination’’ and Commerce shall ‘‘terminate the suspension of liquidation’’ and ‘‘release any bond or other security and refund any cash deposit.’’ As a result of this amended final determination, Commerce is hereby revoking the CVD order on wind towers from Indonesia because the revised CVD rate determined for Kenertec, the only mandatory respondent, is now de minimis.8 Because the revised net countervailable subsidy rate determined for the sole mandatory respondent, Kenertec, is de minimis, Commerce did not determine an all-others rate in the Final Redetermination. Accordingly, Commerce intends to issue instructions to U.S. Customs and Border Protection (CBP) to release any bonds or other security and refund cash deposits pertaining to any suspended entries pursuant to the order. As a result of this revocation, Commerce will not initiate administrative reviews of this order. Cash Deposit Requirements and Liquidation of Suspended Entries As a result of this amended final determination, Commerce is revoking the CVD order on wind towers from Indonesia. Accordingly, Commerce will instruct CBP to cease any collection of cash deposits of estimated CVD duties 8 See E:\FR\FM\13JAN1.SGM Final Redetermination. 13JAN1 2138 Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Notices jspears on DSK121TN23PROD with NOTICES1 on entries of wind towers from Indonesia and to release any bonds or other security and refund cash deposits pertaining to any suspended entries of wind towers from Indonesia. Although section 705(c)(2)(A) of the Act instructs Commerce to terminate suspension of liquidation, we note that, pursuant to Timken, the suspension of liquidation must continue during the pendency of the appeals process. Thus, we will instruct CBP at this time to: (1) Release any bond or other security and refund any cash deposit made pursuant to the order as discussed above; and (2) continue to suspend liquidation of all unliquidated entries of wind towers from Indonesia at a cash deposit rate of 0.00 percent which are entered, or withdrawn from warehouse, for consumption on or after January 7, 2022, which is ten days after the court’s decision, in accordance with section 516A of the Act.9 In the event that the CIT’s judgment affirming the Final Redetermination is not appealed, or is appealed and upheld by the U.S. Court of Appeals for the Federal Circuit, Commerce will instruct CBP to terminate the suspension of liquidation and to liquidate those entries of subject merchandise without regard to countervailing duties. Notwithstanding the continued suspension pursuant to Timken described above, the CVD order on wind towers from Indonesia is hereby revoked. At this time, Commerce remains enjoined by CIT order during the pendency of litigation, including any appeals, from liquidating entries of wind towers from Indonesia that were produced and/or exported by Kenertec and that were entered, or withdrawn from warehouse, during the period December 13, 2019, through December 31, 2020, excluding entries on or after April 11, 2020, through August 24, 2020. Pursuant to the terms of the injunction, the enjoined entries of subject merchandise will be liquidated in accordance with the final court decision in this action, including all 9 See, e.g., Drill Pipe from the People’s Republic of China: Notice of Court Decision Not in Harmony with International Trade Commission’s Injury Determination, Revocation of Antidumping and Countervailing Duty Orders Pursuant to Court Decision, and Discontinuation of Countervailing Duty Administrative Review, 79 FR 78037, 78038 (December 29, 2014); and High Pressure Steel Cylinders from the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Determination in Less Than Fair Value Investigation, Notice of Amended Final Determination Pursuant to Court Decision, Notice of Revocation of Antidumping Duty Order in Part, and Discontinuation of Fifth Antidumping Duty Administrative Review, 82 FR 46758, 46760 (October 6, 2017). VerDate Sep<11>2014 18:18 Jan 12, 2022 Jkt 256001 appeals, as provided in section 516A(e) of the Act. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. Dated: January 7, 2022. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations. [FR Doc. 2022–00633 Filed 1–12–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Establishment and Call for Nominations To Serve on the Internet of Things Advisory Board National Institute of Standards and Technology, Department of Commerce. ACTION: Establishment and call for nominations to serve on the Internet of Things Advisory Board. AGENCY: The Secretary of Commerce (Secretary) established the Internet of Things Advisory Board (IoTAB) in accordance with the requirements of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, and in accordance with the Federal Advisory Committee Act, as amended (FACA), The IoTAB shall provide advice to the Internet of Things Federal Working Group on matters related to the Internet of Things as specified below. The IoTAB shall submit to the IoTFWG a report that includes any findings or recommendations related to the specific scope below. The National Institute of Standards and Technology (NIST or Institute) invites and requests nominations of individuals for appointment to the IoTAB. Registered Federal lobbyists may not serve on NIST Federal Advisory Committees in an individual capacity. DATES: Nominations to serve on the inaugural IoTAB by 5:00 p.m. Eastern Time on February 28, 2022. ADDRESSES: Please submit nominations to Alicia Chambers, Committee Liaison Officer, National Institute of Standards and Technology, 100 Bureau Drive, MS 1000, Gaithersburg, MD 20899 and Barbara Cuthill, Designated Federal Officer, National Institute of Standards and Technology, 100 Bureau Drive, MS 2000, Gaithersburg, MD 20899. Nominations may also be submitted via SUMMARY: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 email to alicia.chambers@nist.gov and barbara.cuthill@nist.gov. FOR FURTHER INFORMATION CONTACT: Alison Kahn, Electronics Engineer, National Institute of Standards and Technology, 325 Broadway, MS 671, Boulder, CO 80305. Her email is alison.kahn@nist.gov and phone number is (303) 497–3523. SUPPLEMENTARY INFORMATION: Committee Information The Secretary of Commerce (Secretary) established the Internet of Things Advisory Board (IoTAB) in accordance with the requirements of 9204(b)(5) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116–283), and in accordance with the Federal Advisory Committee Act, as amended (FACA), 5 U.S.C. App. The The IoTAB shall submit to the IoTFWG a report that includes any findings or recommendations related to the specific scope below. Objectives and Duties: The Board shall advise the Internet of Things Federal Working Group convened by the Secretary pursuant to Section 9204(b)(1) of the Act on matters related to the Federal Working Group’s activities, as specified below. The Board shall advise the Federal Working Group with respect to— a. the identification of any Federal regulations, statutes, grant practices, programs, budgetary or jurisdictional challenges, and other sector-specific policies that are inhibiting, or could inhibit, the development of the Internet of Things; b. situations in which the use of the Internet of Things is likely to deliver significant and scalable economic and societal benefits to the United States, including benefits from or to— i. smart traffic and transit technologies; ii. augmented logistics and supply chains; iii. sustainable infrastructure; iv. precision agriculture; v. environmental monitoring; vi. public safety; and vii. health care; c. whether adequate spectrum is available to support the growing Internet of Things and what legal or regulatory barriers may exist to providing any spectrum needed in the future; d. policies, programs, or multistakeholder activities that— i. promote or are related to the privacy of individuals who use or are affected by the Internet of Things; E:\FR\FM\13JAN1.SGM 13JAN1

Agencies

[Federal Register Volume 87, Number 9 (Thursday, January 13, 2022)]
[Notices]
[Pages 2137-2138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00633]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-560-834]


Utility Scale Wind Towers From Indonesia: Notice of Court 
Decision Not in Harmony With the Final Determination of Countervailing 
Duty Investigation; Notice of Amended Final Determination; Notice of 
Revocation of Countervailing Duty Order

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

SUMMARY: On December 28, 2021, the U.S. Court of International Trade 
(CIT) issued its final judgment in PT. Kenertec Power System v. United 
States, Consol. Ct. No. 20-03687, sustaining the Department of Commerce 
(Commerce)'s remand redetermination pertaining to the countervailing 
duty (CVD) investigation of utility scale wind towers (wind towers) 
from Indonesia covering the period of investigation, January 1, 2018, 
through December 31, 2018. Commerce is notifying the public that the 
CIT's final judgment is not in harmony with Commerce's final 
determination in that investigation and that Commerce is amending the 
final determination with respect to the countervailable subsidy rate 
determined for PT. Kenertec Power System (Kenertec). Because the 
amended countervailable subsidy rate determined for Kenertec, the only 
individually-examined respondent in the investigation, is now de 
minimis, Commerce is hereby revoking the CVD order.

DATES: Applicable January 7, 2022.

FOR FURTHER INFORMATION CONTACT: Alex Wood 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) 482-1959 or (202) 482-1413, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 6, 2020, Commerce published its final determination in the 
CVD investigation of wind towers from Indonesia. Commerce reached an 
affirmative determination that Kenertec received countervailable 
subsidies at a net countervailable subsidy rate of 5.90 percent.\1\ 
Commerce subsequently published the CVD order on wind towers from 
Indonesia.\2\
---------------------------------------------------------------------------

    \1\ See Utility Scale Wind Towers from Indonesia: Final 
Affirmative Countervailing Duty Determination and Final Affirmative 
Determination of Critical Circumstances, 85 FR 40241 (July 6, 2020) 
(Final Determination).
    \2\ See Utility Scale Wind Towers from Canada, Indonesia, and 
the Socialist Republic of Vietnam: Amended Final Affirmative 
Countervailing Duty Determination and Countervailing Duty Orders, 85 
FR 52543 (August 26, 2020).
---------------------------------------------------------------------------

    Kenertec and the Wind Tower Trade Coalition, the petitioner in the 
investigation, appealed Commerce's Final Determination. On July 20, 
2021, the CIT remanded the Final Determination to Commerce, directing 
Commerce to address whether it improperly included an export subsidy in 
its upstream subsidy calculation.\3\ In the final remand 
redetermination, issued in August 2021, Commerce: (1) Determined that 
the Rediscount Loan Program is an export subsidy; (2) concluded that 
the export subsidy was improperly included in the upstream subsidy 
calculation for Kenertec in the Final Determination; and (3) excluded 
the export subsidy from the calculation.\4\ The changes made in the 
Final Redetermination resulted in a de minimis net countervailable 
subsidy rate of 0.85 percent for Kenertec. The CIT sustained Commerce's 
Final Redetermination.\5\
---------------------------------------------------------------------------

    \3\ See PT. Kenertec Power System v. United States, Consol. Ct. 
No. 20-03687, CM/ECF Doc. No. 38 (CIT July 20, 2021).
    \4\ See Final Results of Redetermination Pursuant to Court 
Remand, PT. Kenertec Power System & Wind Tower Trade Coalition v. 
United States, Consol. Ct. No. 20-03687, dated August 18, 2021 
(Final Redetermination), available at https://access.trade.gov/resources/remands/20-03687.pdf.
    \5\ See PT. Kenertec Power System v. United States, Consol. Ct. 
No. 20-03687, Slip Op. 21-175 (CIT December 28, 2021).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\ 
the Court of Appeals for the Federal Circuit held that, pursuant to 
section 516A(c) and (e) of the Tariff Act of 1930, as amended (the 
Act), Commerce must publish a notice of court decision that is not ``in 
harmony'' with a Commerce determination and must suspend liquidation of 
entries pending a ``conclusive'' court decision. The CIT's December 28, 
2021, judgment constitutes a final decision of the CIT that is not in 
harmony with Commerce's Final Determination. Thus, this notice is 
published in fulfillment of the publication requirements of Timken.
---------------------------------------------------------------------------

    \6\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \7\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Determination

    Because there is now a final court judgment, Commerce is amending 
its Final Determination with respect to Kenertec as follows:

------------------------------------------------------------------------
             Producer/exporter                   Percent ad valorem
------------------------------------------------------------------------
PT Kenertec Power System..................  0.85 (de minimis).
------------------------------------------------------------------------

Revocation of Countervailing Duty Order

    Pursuant to section 705(a)(3) of the Act, Commerce ``shall 
disregard any countervailable subsidy that is de minimis as defined in 
section 703(b)(4)'' of the Act. Furthermore, and pursuant to section 
705(c)(2) of the Act, ``the investigation shall be terminated upon 
publication of that negative determination'' and Commerce shall 
``terminate the suspension of liquidation'' and ``release any bond or 
other security and refund any cash deposit.'' As a result of this 
amended final determination, Commerce is hereby revoking the CVD order 
on wind towers from Indonesia because the revised CVD rate determined 
for Kenertec, the only mandatory respondent, is now de minimis.\8\ 
Because the revised net countervailable subsidy rate determined for the 
sole mandatory respondent, Kenertec, is de minimis, Commerce did not 
determine an all-others rate in the Final Redetermination. Accordingly, 
Commerce intends to issue instructions to U.S. Customs and Border 
Protection (CBP) to release any bonds or other security and refund cash 
deposits pertaining to any suspended entries pursuant to the order. As 
a result of this revocation, Commerce will not initiate administrative 
reviews of this order.
---------------------------------------------------------------------------

    \8\ See Final Redetermination.
---------------------------------------------------------------------------

Cash Deposit Requirements and Liquidation of Suspended Entries

    As a result of this amended final determination, Commerce is 
revoking the CVD order on wind towers from Indonesia. Accordingly, 
Commerce will instruct CBP to cease any collection of cash deposits of 
estimated CVD duties

[[Page 2138]]

on entries of wind towers from Indonesia and to release any bonds or 
other security and refund cash deposits pertaining to any suspended 
entries of wind towers from Indonesia. Although section 705(c)(2)(A) of 
the Act instructs Commerce to terminate suspension of liquidation, we 
note that, pursuant to Timken, the suspension of liquidation must 
continue during the pendency of the appeals process. Thus, we will 
instruct CBP at this time to: (1) Release any bond or other security 
and refund any cash deposit made pursuant to the order as discussed 
above; and (2) continue to suspend liquidation of all unliquidated 
entries of wind towers from Indonesia at a cash deposit rate of 0.00 
percent which are entered, or withdrawn from warehouse, for consumption 
on or after January 7, 2022, which is ten days after the court's 
decision, in accordance with section 516A of the Act.\9\ In the event 
that the CIT's judgment affirming the Final Redetermination is not 
appealed, or is appealed and upheld by the U.S. Court of Appeals for 
the Federal Circuit, Commerce will instruct CBP to terminate the 
suspension of liquidation and to liquidate those entries of subject 
merchandise without regard to countervailing duties. Notwithstanding 
the continued suspension pursuant to Timken described above, the CVD 
order on wind towers from Indonesia is hereby revoked.
---------------------------------------------------------------------------

    \9\ See, e.g., Drill Pipe from the People's Republic of China: 
Notice of Court Decision Not in Harmony with International Trade 
Commission's Injury Determination, Revocation of Antidumping and 
Countervailing Duty Orders Pursuant to Court Decision, and 
Discontinuation of Countervailing Duty Administrative Review, 79 FR 
78037, 78038 (December 29, 2014); and High Pressure Steel Cylinders 
from the People's Republic of China: Notice of Court Decision Not in 
Harmony With Final Determination in Less Than Fair Value 
Investigation, Notice of Amended Final Determination Pursuant to 
Court Decision, Notice of Revocation of Antidumping Duty Order in 
Part, and Discontinuation of Fifth Antidumping Duty Administrative 
Review, 82 FR 46758, 46760 (October 6, 2017).
---------------------------------------------------------------------------

    At this time, Commerce remains enjoined by CIT order during the 
pendency of litigation, including any appeals, from liquidating entries 
of wind towers from Indonesia that were produced and/or exported by 
Kenertec and that were entered, or withdrawn from warehouse, during the 
period December 13, 2019, through December 31, 2020, excluding entries 
on or after April 11, 2020, through August 24, 2020. Pursuant to the 
terms of the injunction, the enjoined entries of subject merchandise 
will be liquidated in accordance with the final court decision in this 
action, including all appeals, as provided in section 516A(e) of the 
Act.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: January 7, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2022-00633 Filed 1-12-22; 8:45 am]
BILLING CODE 3510-DS-P
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