17456 Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Notices 

117See Memorandum to the File from Emily 

Halle, ‘‘Calculation of the All-Others Rate,’’ March 

19, 2012, providing the precise calculation and 

demonstrating the proximity of the resulting figure 

to the figure derived using the business-proprietary 

data. 

rates based entirely on AFA under 

section 776 of the Act. 

Notwithstanding the language of 

section 705(c)(5)(A)(i) of the Act, we 

have not calculated the ‘‘all others’’ rate 

by weight averaging the rates of Trina 

Solar and Wuxi Suntech, because doing 

so risks disclosure of proprietary 

information. Therefore, we have 

calculated an average rate using other 

information on the record.117 Since both 

Trina Solar and Wuxi Suntech received 

countervailable export subsidies and the 

‘‘all others’’ rate is an average based on 

the individually investigated exporters 

and producers, the ‘‘all others’’ rate 

includes export subsidies. 

We preliminarily determine the total 

countervailable subsidy rates to be as 

follows. 

Company Subsidy rate 

Changzhou Trina Solar Energy Co., Ltd. .......................................................................................................................

Trina Solar (Changzhou) Science and Technology Co., Ltd (collectively, Trina Solar) 

4.73 percent ad valorem. 

Wuxi Suntech Power Co., Ltd ........................................................................................................................................

Luoyang Suntech Power Co., Ltd 

Suntech Power Co., Ltd 

Yangzhou Rietech Renewal Energy Co., Ltd 

Zhenjiang Huantai Silicon Science & Technology Co., Ltd 

Kuttler Automation Systems (Suzhou) Co., Ltd (collectively, Wuxi Suntech) 

2.90 percent ad valorem. 

All Others Rate ............................................................................................................................................................... 3.61 percent ad valorem. 

In accordance with sections 

703(d)(1)(B) and (2), and 703(e)(2)(A) of 

the Act, in light of our preliminary 

affirmative determination of critical 

circumstances, we are directing CBP to 

suspend liquidation of all entries of the 

subject merchandise from the PRC that 

are entered or withdrawn from 

warehouse, for consumption on or after 

the date 90 days prior to the date of 

publication of this notice in the Federal 

Register, and to require a cash deposit 

or bond for such entities of the 

merchandise in the amounts indicated 

above. 

ITC Notification 

In accordance with section 703(f) of 

the Act, we will notify the ITC of our 

determination. In addition, we are 

making available to the ITC all nonprivileged and non-proprietary 

information relating to this 

investigation. We will allow the ITC 

access to all privileged and business 

proprietary information in our files, 

provided the ITC confirms that it will 

not disclose such information, either 

publicly or under an administrative 

protective order, without the written 

consent of the Assistant Secretary for 

Import Administration. 

In accordance with section 705(b)(2) 

of the Act, if our final determination is 

affirmative, the ITC will make its final 

determination within 45 days after the 

Department makes its final 

determination. 

Disclosure and Public Comment 

In accordance with 19 CFR 

351.224(b), we will disclose to the 

parties the calculations for this 

preliminary determination within five 

days of its announcement. We will 

notify parties of the schedule for 

submitting case briefs and rebuttal 

briefs, in accordance with 19 CFR 

351.309(c) and 19 CFR 351.309(d)(1), 

respectively. A list of authorities relied 

upon, a table of contents, and an 

executive summary of issues should 

accompany any briefs submitted to the 

Department. Executive summaries 

should be limited to five pages total, 

including footnotes. Section 774 of the 

Act provides that the Department will 

hold a public hearing to afford 

interested parties an opportunity to 

comment on arguments raised in case or 

rebuttal briefs, provided that such a 

hearing is requested by an interested 

party. 

Interested parties who wish to request 

a hearing, or to participate if one is 

requested, must submit a written 

request to the Assistant Secretary for 

Import Administration, U.S. Department 

of Commerce, Room 1870, within 30 

days of the publication of this notice, 

pursuant to 19 CFR 351.310(c). Requests 

should contain: (1) The party’s name, 

address, and telephone number; (2) the 

number of participants; and (3) a list of 

the issues to be discussed. Oral 

presentations will be limited to issues 

raised in the briefs. If a request for a 

hearing is made in this investigation, we 

intend to hold the hearing two days 

after the deadline for submission of the 

rebuttal briefs, pursuant to 19 CFR 

351.310(d). Any such hearing will be 

held at the U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230. 

Parties should confirm by telephone, the 

date, time, and place of the hearing 48 

hours before the scheduled time. 

This determination is issued and 

published pursuant to sections 703(f) 

and 771(i) of the Act. 

Dated: March 19, 2012. 

Paul Piquado, 

Assistant Secretary for Import 

Administration. 

[FR Doc. 2012–7273 Filed 3–23–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

[Docket Number: 120216139–2138–01] 

Buy American Exception Under the 

American Recovery and Reinvestment 

Act of 2009 

AGENCY: National Institute of Standards 

and Technology, U.S. Department of 

Commerce. 

SUMMARY: The Department of 

Commerce, National Institute of 

Standards and Technology is providing 

notice of a determination of an 

exception to the Buy American 

Provisions of the American Recovery 

and Reinvestment Act of 2009 (ARRA or 

Recovery Act), for inverters necessary 

for the construction of a solar array 

system at NIST’s WWVH radio station 

in Kauai, HI. 

FOR FURTHER INFORMATION CONTACT: 

Jason Gerloff, Contracting Officer, 

Acquisition Management Division, 303– 

497–6320, National Institute of 

Standards and Technology, 325 

Broadway, Boulder, CO 80305. 

SUPPLEMENTARY INFORMATION: Section 

1605 of the Recovery Act (Pub. L. 111– 

5) prohibits use of recovery funds ‘‘for 

a project for the construction, alteration, 

maintenance, or repair of a public 

building or public work unless all of the 

iron, steel, and manufactured goods 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Notices 17457 

used in the project are produced in the 

United States.’’ However, section 

1605(b)(2) allows the head of a Federal 

department or agency to issue a 

‘‘determination of nonavailability’’ if the 

iron, steel, or manufactured good is not 

produced or manufactured in the United 

States in sufficient and reasonably 

available quantities and of a satisfactory 

quality. Pursuant to section 1605(b)(2), 

and a delegation of authority by the 

Secretary of Commerce, the NIST 

Director has determined that the 

required inverters were not 

manufactured in the United States. 

In May 2010, NIST awarded a 

Recovery Act contract in the amount of 

$1,415,000.00 to Adon Construction for 

the construction of a 120kw 

photovoltaic solar array system to be 

built in eight 15kw sub-arrays at NIST’s 

WWVH radio station in Kauai, HI. The 

objective of the solar array project is to 

produce power for the radio station and 

feed electricity back to the local grid. By 

doing this, the NIST radio station will 

be able to cut its utility costs and show 

a cost savings for future years on 

electricity. 

The contract specifications required 

that all exterior photovoltaic equipment 

be in stainless steel or PVC enclosures 

that carried a minimum National 

Electrical Manufacturers Association 

(NEMA) 3R rating. An inverter is an 

essential piece of electrical equipment 

that converts DC electrical power to AC 

electrical power; without the inverters, 

the solar array could not be used for site 

operations. In July of 2010, the 

contractor proposed using three 5kw, 

208V AC, single phase inverters inside 

of NEMA 3R, 6060 aluminum 

enclosures for each 15kw sub-array. The 

contractor notified NIST that its 

research indicated there were no 

American-made products that met the 

project specifications. NIST completed a 

review of the contractor’s findings and 

concurred that neither the 5kw nor 

15kw inverters in stainless steel, PVC, 

or aluminum 6060 enclosures were 

produced or manufactured in the U.S. in 

sufficient and reasonably available 

quantities of a satisfactory quality in 

July 2010. NIST also determined that 

the aluminum enclosures were an 

acceptable alternative to the stainless 

steel or PVC materials originally 

specified because they would be able to 

withstand the rigors of outdoor use in a 

tropical climate. 

Based on NIST and the contractor’s 

review of the market place and various 

vendors’ product availability, NIST 

determined there were no inverters 

manufactured in the United States that 

met the contract specifications or NIST’s 

requirements. 

Authority: Pub. L. 111–5, section 1605. 

Dated: March 16, 2012. 

Willie E. May, 

Associate Director for Laboratory Programs. 

[FR Doc. 2012–7222 Filed 3–23–12; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

Work Group on Alternative Test 

Methods for Commercial Measuring 

Devices 

AGENCY: National Institute of Standards 

and Technology, Commerce. 

ACTION: Notice. 

SUMMARY: The National Institute of 

Standards and Technology (NIST) is 

forming a Work Group (WG) to examine 

alternative methods for testing the 

accuracy of commercial measuring 

devices including, but not limited to 

retail motor-fuel dispensers. The WG 

will investigate the current methodology 

and standards (e.g., neck-type 

volumetric field standards and 

associated test procedures) widely used 

by weights and measures officials and 

service companies to test commercial 

measuring devices as well as proposed 

alternatives to ensure that the 

methodologies and standards facilitate 

measurements that are traceable to the 

International System of Units (SI). WG 

membership is open to any interested 

party. This notice also summarizes key 

issues to be considered by this WG. 

DATES: An initial WG meeting will be 

held on Tuesday, April 24, 2012, from 

10 a.m. to 5 p.m. Subsequent meeting 

dates will be determined based on the 

concurrence of the WG members. 

ADDRESSES: An initial meeting of the 

WG will be at NIST, 100 Bureau Drive, 

Gaithersburg, MD 20899. Subsequent 

locations for WG meetings may include 

NIST as well as sites suggested by WG 

members offering to host meetings. WG 

meetings will also be conducted via 

Web conferencing. Please note 

admittance instructions under the 

SUPPLEMENTARY INFORMATION section of 

this notice. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carol Hockert, Chief, NIST, Office of 

Weights and Measures, 100 Bureau 

Drive, Stop 2600, Gaithersburg, MD 

20899–2600. You may also contact Ms. 

Hockert by telephone (301) 975–5507 or 

by email at Carol.Hockert@nist.gov. 

Please contact Ms. Hockert for 

information on upcoming meetings. 

SUPPLEMENTARY INFORMATION: The 

formation of this WG and its associated 

meetings is intended to bring together 

government officials and representatives 

of business, industry, trade associations, 

and consumer organizations on the 

subject of standards and test procedures 

used in the testing of commercial 

measuring devices by regulatory 

officials and service companies. NIST 

participates to promote uniformity 

among the states in laws, regulations, 

methods, and testing equipment that 

comprises the regulatory control of 

commercial weighing and measuring 

devices and other trade and commerce 

issues. 

Included among the topics to be 

discussed by the WG for current and 

proposed device technologies used in 

testing commercial measuring devices 

are: metrology laboratory standards and 

test procedures; uncertainties; 

measurement traceability; tolerances 

and other technical requirements for 

commercial measuring devices; existing 

standards for testing equipment; field 

implementation; data analysis; field test 

procedures; field enforcement issues; 

training at all levels; and other relevant 

issues identified by the WG. WG 

recommendations may result in the 

revision of current standards or the 

development of new standards for 

testing equipment, including documents 

such as the NIST Handbook 105 Series 

for field standards; NIST Handbook 44, 

Specifications, Tolerances, and 

Technical Requirements for Weighing 

and Measuring Devices; and NIST 

Examination Procedure Outlines, as 

well as proposed changes to 

requirements and testing procedures for 

commercial measuring devices. 

All visitors to the NIST site are 

required to pre-register to be admitted. 

Anyone wishing to attend this meeting 

must register by close of business 

Tuesday, April 17, 2012, in order to 

attend. Please submit your full name, 

email address, and phone number to 

Ms. Hockert. Non-U.S. citizens must 

also submit their country of citizenship, 

title, and employer/sponsor. Ms. 

Hockert’s email address is carol.

hockert@nist.gov and her phone number 

is (301) 975–5507. 

Dated: March 16, 2012. 

Willie E. May, 

Associate Director for Laboratory Programs. 

[FR Doc. 2012–7224 Filed 3–23–12; 8:45 am] 

BILLING CODE 3510–13–P 


tkelley on DSK3SPTVN1PROD with NOTICES