Notice2021-16621
Utility Scale Wind Towers From Malaysia: Countervailing Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 4, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 147 (Wednesday, August 4, 2021)</title>
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[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Notices]
[Pages 41950-41951]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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Subsidy rate
Company (percent)
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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 <a href="http://enforcement.trade.gov/stats/iastats1.html">http://enforcement.trade.gov/stats/iastats1.html</a>.
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
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</html>Indexed from Federal Register on August 4, 2021.
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