Notice2021-26235
Utility Scale Wind Towers From India and Malaysia
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
December 3, 2021
Issuing agencies
International Trade Commission
Full Text
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<title>Federal Register, Volume 86 Issue 230 (Friday, December 3, 2021)</title>
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[Federal Register Volume 86, Number 230 (Friday, December 3, 2021)]
[Notices]
[Page 68683]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26235]
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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
Determinations
On the basis of the record \1\ developed in the subject
investigations, the United States International Trade Commission
(``Commission'') determines, pursuant to the Tariff Act of 1930 (``the
Act''), that an industry in the United States is materially injured by
reason of imports of utility scale wind towers (``wind towers'') from
India and Malaysia, provided for in subheadings 7308.20.00 and
8502.31.00 of the Harmonized Tariff Schedule of the United States, that
have been found by the U.S. Department of Commerce (``Commerce'') to be
sold in the United States at less than fair value (``LTFV'') and to be
subsidized by the government of India.\2\
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\1\ The record is defined in Sec. 207.2(f) of the Commission's
Rules of Practice and Procedure (19 CFR 207.2(f)).
\2\ 86 FR 56890, October 13, 2021; 86 56894, October 13, 2021;
and 86 FR 56896, October 13, 2021.
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Background
The Commission instituted antidumping and countervailing duty
investigations effective September 30, 2020, following receipt of
petitions filed with the Commission and Commerce by the Wind Tower
Trade Coalition (Arcosa Wind Towers Inc., Dallas, Texas; and Broadwind
Towers, Inc., Manitowoc, Wisconsin). The Commission established a
general schedule for the conduct of the final phase of its
investigations on wind towers from India, Malaysia, and Spain following
preliminary determinations by Commerce that imports of wind towers were
subsidized by the governments of India and Malaysia. Notice of the
scheduling of the final phase of the Commission's investigations and of
a public hearing to be 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 of 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 a hearing.
Consequently, since no party to the proceeding requested a hearing, the
Commission canceled its hearing in connection with this proceeding (86
FR 31730, June 9, 2021). Parties to this proceeding responded to
written questions posed by the Commission in their posthearing briefs.
The investigation schedules became staggered when Commerce did not
align its countervailing duty investigation (86 FR 15887, March 25,
2021) with its antidumping duty investigation regarding imports from
Malaysia, its antidumping duty investigation regarding imports from
Spain, or its countervailing and antidumping duty investigations
regarding imports from India. On July 26, 2021, the Commission issued a
final affirmative determination in its countervailing duty
investigation of wind towers from Malaysia (86 FR 41087, July 30,
2021). On August 9, 2021, the Commission issued a final affirmative
determination in its antidumping duty investigation of wind towers from
Spain (86 FR 44748, August 13, 2021). Following notification of final
determinations by Commerce that imports of wind towers from India were
being subsidized within the meaning of section 703(b) of the Act (19
U.S.C. 1671b(b)) and that imports of wind towers from India and
Malaysia were being sold at LTFV within the meaning of section 735(a)
of the Act (19 U.S.C. 1673d(a)), notice of the supplemental scheduling
of the final phase of the Commission's countervailing duty
investigation regarding India and antidumping duty investigations
regarding India and Malaysia 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 of
October 20, 2021 (86 FR 58098).
The Commission made these determinations pursuant to section 735(b)
of the Act (19 U.S.C. 1673d(b)). It completed and filed its
determinations in these investigations on November 29, 2021. The views
of the Commission are contained in USITC Publication 5247 (November
2021), entitled Utility Scale Wind Towers from India and Malaysia:
Investigation Nos. 701-TA-660 and 731-TA-1543-1544 (Final).
By order of the Commission.
Issued: November 29, 2021.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2021-26235 Filed 12-2-21; 8:45 am]
BILLING CODE 7020-02-P
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