[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Notices]
[Pages 41950-41951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16621]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-557-822]


Utility Scale Wind Towers From Malaysia: Countervailing Duty 
Order

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing the countervailing duty order on utility scale wind 
towers (wind towers) from Malaysia.

DATES: Applicable August 4, 2021.

FOR FURTHER INFORMATION CONTACT: Nathan James or Kelsie Hohenberger, 
AD/CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-5305 and (202) 
482-2517, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with section 705(d) of the Tariff Act of 1930, as 
amended (the Act), on June 9, 2021, Commerce published its affirmative 
final determination in the countervailing duty investigation of wind 
towers from Malaysia.\1\ On July 26, 2021, the ITC notified Commerce of 
its affirmative final determination that an industry in the United 
States is materially injured within the meaning of section 
705(b)(1)(A)(i) of the Act, by reason of subsidized imports of subject 
merchandise from Malaysia.\2\
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    \1\ See Utility Scale Wind Towers from Malaysia: Final 
Affirmative Countervailing Duty Determination, 86 FR 30593 (June 9, 
2021).
    \2\ See ITC Letter, ``Notification of ITC Final 
Determinations,'' dated July 26, 2021.
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Scope of the Order

    The products covered by this order are wind towers from Malaysia. 
For a complete description of the scope of the order, see the appendix 
to this notice.

[[Page 41951]]

Countervailing Duty Order

    As noted above, on July 26, 2021, in accordance with section 705(d) 
of the Act, the ITC notified Commerce of its final determination in 
this investigation, in which it found that an industry in the United 
States is materially injured by reason of subsidized imports of wind 
towers from Malaysia.\3\ Therefore, in accordance with section 
705(c)(2) of the Act, Commerce is issuing this countervailing duty 
order. Because the ITC determined that imports of wind towers from 
Malaysia are materially injuring a U.S. industry, unliquidated entries 
of such merchandise from Malaysia, entered or withdrawn from warehouse 
for consumption, are subject to the assessment of countervailing 
duties.
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    \3\ Id.
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    In accordance with section 706(a) of the Act, Commerce will direct 
U.S. Customs and Border Protection (CBP) to assess, upon further 
instruction by Commerce, countervailing duties for all relevant entries 
of wind towers from Malaysia. With the exception of entries occurring 
after the expiration of the provisional measures period and before the 
publication of the ITC's final affirmative injury determination, as 
further described below, countervailing duties will be assessed on 
unliquidated entries of wind towers from Malaysia entered, or withdrawn 
from warehouse, for consumption on or after March 25, 2021, the date of 
publication of the Preliminary Determination.\4\
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    \4\ See Utility Scale Wind Towers from Malaysia: Preliminary 
Affirmative Countervailing Duty Determination, 86 FR 15887 (March 
25, 2021) (Preliminary Determination).
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Suspension of Liquidation and Cash Deposits

    In accordance with section 706 of the Act, Commerce will instruct 
CBP to reinstitute the suspension of liquidation of wind towers from 
Malaysia, as described in the appendix to this notice, effective on the 
date of publication of the ITC's final affirmative injury determination 
in the Federal Register, and to assess, upon further instruction by 
Commerce, pursuant to section 706(a)(1) of the Act, countervailing 
duties for each entry of the subject merchandise in an amount based on 
the net countervailable subsidy rates below. On or after the date of 
publication of the ITC's final injury determination in the Federal 
Register, CBP must require, at the same time as importers would deposit 
estimated normal customs duties on this merchandise, a cash deposit 
equal to the rates listed in the table below. The all-others rate 
applies to all producers or exporters not specifically listed, as 
appropriate.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
CS Wind Malaysia Sdn Bhd................................            6.42
All Others..............................................            6.42
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Provisional Measures

    Section 703(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months. In the underlying investigation, Commerce 
published the Preliminary Determination on March 25, 2021. Therefore, 
the four-month period beginning on the date of the publication of the 
Preliminary Determination ended on July 22, 2021.
    In accordance with section 703(d) of the Act, we will instruct CBP 
to terminate the suspension of liquidation and to liquidate, without 
regard to countervailing duties, unliquidated entries of wind towers 
from Malaysia entered, or withdrawn from warehouse, for consumption 
after July 22, 2021, the final day on which the provisional measures 
were in effect, until and through the day preceding the date of 
publication of the ITC's final injury determination in the Federal 
Register. Suspension of liquidation will resume on the date of 
publication of the ITC's final determination in the Federal Register.

Notification to Interested Parties

    This notice constitutes the countervailing duty order with respect 
to wind towers from Malaysia pursuant to section 706(a) of the Act. 
Interested parties can find a list of countervailing duty orders 
currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    This order is issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: July 28, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Order

    The merchandise covered by this order consists of certain wind 
towers, whether or not tapered, and sections thereof. Certain wind 
towers support the nacelle and rotor blades in a wind turbine with a 
minimum rated electrical power generation capacity in excess of 100 
kilowatts and with a minimum height of 50 meters measured from the 
base of the tower to the bottom of the nacelle (i.e., where the top 
of the tower and nacelle are joined) when fully assembled.
    A wind tower section consists of, at a minimum, multiple steel 
plates rolled into cylindrical or conical shapes and welded together 
(or otherwise attached) to form a steel shell, regardless of 
coating, end-finish, painting, treatment, or method of manufacture, 
and with or without flanges, doors, or internal or external 
components (e.g., flooring/decking, ladders, lifts, electrical buss 
boxes, electrical cabling, conduit, cable harness for nacelle 
generator, interior lighting, tool and storage lockers) attached to 
the wind tower section. Several wind tower sections are normally 
required to form a completed wind tower.
    Wind towers and sections thereof are included within the scope 
whether or not they are joined with nonsubject merchandise, such as 
nacelles or rotor blades, and whether or not they have internal or 
external components attached to the subject merchandise.
    Specifically excluded from the scope are nacelles and rotor 
blades, regardless of whether they are attached to the wind tower. 
Also excluded are any internal or external components which are not 
attached to the wind towers or sections thereof, unless those 
components are shipped with the tower sections.
    Merchandise covered by this order is currently classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) under 
subheading 7308.20.0020 or 8502.31.0000. Wind towers of iron or 
steel are classified under HTSUS 7308.20.0020 when imported 
separately as a tower or tower section(s). Wind towers may be 
classified under HTSUS 8502.31.0000 when imported as combination 
goods with a wind turbine (i.e., accompanying nacelles and/or rotor 
blades). While the HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the scope of this 
order is dispositive.

[FR Doc. 2021-16621 Filed 8-3-21; 8:45 am]
BILLING CODE 3510-DS-P