Notice2021-26405
Utility Scale Wind Towers From India: 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
December 6, 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 India.
Full Text
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<title>Federal Register, Volume 86 Issue 231 (Monday, December 6, 2021)</title>
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[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Notices]
[Pages 69012-69014]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26405]
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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\
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\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.
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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.
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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 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\
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\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).
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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
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]]
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Percent ad
Producer/exporter valorem
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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
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* 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\
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\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.
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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 <a href="https://access.trade.gov">https://access.trade.gov</a>, 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 <a href="https://access.trade.gov">https://access.trade.gov</a>.
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 <a href="http://enforcement.trade.gov/stats/iastats1.html">http://enforcement.trade.gov/stats/iastats1.html</a>.
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
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</html>Indexed from Federal Register on December 6, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.