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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Notices
ITC Notification In accordance with section 705d of the Act, Commerce will notify the ITC
Final Determination of its final affirmative determination.
Commerce determines that the Because Commerces final following countervailable subsidy rates determination is affirmative, in exist:
accordance with section 705b of the Act, the ITC will make its final Subsidy determination as to whether the Company rate percent domestic industry in the United States is materially injured, or threatened with CS Wind Malaysia Sdn Bhd
6.42 material injury, by reason of wind All Others
6.42
towers from Malaysia no later than 45
days after our final determination. In Disclosure addition, we are making available to the Commerce intends to disclose to ITC all non-privileged and noninterested parties its calculations and proprietary information related to this analysis performed in this final investigation. We will allow the ITC
determination within five days of any access to all privileged and business public announcement or, if there is no proprietary information in our files, public announcement, within five days provided the ITC confirms that it will of the date of publication of this notice not disclose such information, either in the Federal Register, in accordance publicly or under an administrative with 19 CFR 351.224b.
protective order APO, without the written consent of the Assistant Continuation of Suspension of Secretary for Enforcement and Liquidation Compliance.
As a result of our Preliminary Notification Regarding APO
Determination and pursuant to sections 703d1B and d2 of the Act, we In the event that the ITC issues a final instructed U.S. Customs and Border negative injury determination, this Protection CBP to suspend liquidation notice will serve as the only reminder of entries of subject merchandise as to parties subject to the APO of their described in the scope of the responsibility concerning the investigation section that were entered, disposition of proprietary information or withdrawn from warehouse, for disclosed under APO in accordance consumption on or after March 25, with 19 CFR 351.305a3. Timely 2021, the date of publication of the written notification of the return/
Preliminary Determination in the destruction of APO materials, or Federal Register.
conversion to judicial protective order, We are directing CBP to continue to is hereby requested. Failure to comply suspend liquidation of all imports of the with the regulations and terms of an subject merchandise from Malaysia that APO is a violation which is subject to were entered, or withdrawn from sanction.
warehouse, for consumption on or after Notification to Interested Parties the date of publication of this notice in the Federal Register. The suspension of This determination is issued and liquidation instructions will remain in published pursuant to sections 705d effect until further notice. We are also and 771i of the Act, and 19 CFR
directing CBP to collect countervailing 351.210c.
duty deposits at the rate described Dated: June 2, 2021.
above.
Christian Marsh, If the U.S. International Trade Acting Assistant Secretary for Enforcement Commission ITC issues a final and Compliance.
affirmative injury determination, we will issue a countervailing duty order Appendix I
and require a cash deposit of estimated countervailing duties for such entries of Scope of the Investigation The merchandise covered by this subject merchandise in the amounts investigation consists of certain wind towers, indicated above, in accordance with whether or not tapered, and sections thereof.
section 706a of the Act. If the ITC
Certain wind towers support the nacelle and determines that material injury, or rotor blades in a wind turbine with a threat of material injury, does not exist, minimum rated electrical power generation this proceeding will be terminated, and capacity in excess of 100 kilowatts and with all cash deposits will be refunded or a minimum height of 50 meters measured canceled.
from the base of the tower to the bottom of
lotter on DSK11XQN23PROD with NOTICES1

other producers and exporters, pursuant to section 705c5Ai of the Act.6

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Wind reported its sales values as public information.

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the nacelle i.e., where the top of the tower and nacelle are joined when fully assembled.

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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 investigation 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 sections. 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 investigation is dispositive.

Appendix II
List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Subsidies Valuation V. Use of Facts Available VI. Analysis of Programs VII. Discussion of the Issues Comment 1: Whether Commerce Should Determine that the Government of Malaysia GOM Duty Exemption Program Is Specific on the Basis of Facts Available Comment 2: Whether the GOM Has an Effective System in Place to Track Input Consumption Pursuant to 19 CFR
351.519
Comment 3: Whether Commerce Should Revise Its Analysis of the Electricity for Less Than Adequate Remuneration LTAR Program Comment 4: Whether Commerce Should Select A Different Tier-One Benchmark to Measure the Adequacy of Remuneration for CS Winds Land Comment 5: Whether Commerce Should Modify the Denominator Used in Its Benefit Calculations
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