Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Notices 2137 

1See Utility Scale Wind Towers from Indonesia: 

Final Affirmative Countervailing Duty 

Determination and Final Affirmative Determination 

of Critical Circumstances, 85 FR 40241 (July 6, 

2020) (Final Determination). 

2See Utility Scale Wind Towers from Canada, 

Indonesia, and the Socialist Republic of Vietnam: 

Amended Final Affirmative Countervailing Duty 

Determination and Countervailing Duty Orders, 85 

FR 52543 (August 26, 2020). 

3See PT. Kenertec Power System v. United States, 

Consol. Ct. No. 20–03687, CM/ECF Doc. No. 38 (CIT 

July 20, 2021). 

4See Final Results of Redetermination Pursuant 

to Court Remand, PT. Kenertec Power System & 

Wind Tower Trade Coalition v. United States, 

Consol. Ct. No. 20–03687, dated August 18, 2021 

(Final Redetermination), available at https://

access.trade.gov/resources/remands/20-03687.pdf. 

5See PT. Kenertec Power System v. United States, 

Consol. Ct. No. 20–03687, Slip Op. 21–175 (CIT 

December 28, 2021). 

6See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

7See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 8See Final Redetermination. 

(210) 419–3043, Email: 

oscar.magana@trade.gov 

9. Meredith Boyle, International Trade 

Specialist (Aerospace & Defense), 

Office of Transportation and 

Machinery, Tel: +202–839–2347, 

Email: meredith.boyle@trade.gov 

Dated: January 4, 2022. 

Renee Diggs, 

International Trade Specialist, ITA Events 

Management Task Force. 

[FR Doc. 2022–00220 Filed 1–12–22; 8:45 am] 

BILLING CODE 3510–DR–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–560–834] 

Utility Scale Wind Towers From 

Indonesia: Notice of Court Decision 

Not in Harmony With the Final 

Determination of Countervailing Duty 

Investigation; Notice of Amended Final 

Determination; Notice of Revocation of 

Countervailing Duty Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On December 28, 2021, the 

U.S. Court of International Trade (CIT) 

issued its final judgment in PT. Kenertec 

Power System v. United States, Consol. 

Ct. No. 20–03687, sustaining the 

Department of Commerce (Commerce)’s 

remand redetermination pertaining to 

the countervailing duty (CVD) 

investigation of utility scale wind 

towers (wind towers) from Indonesia 

covering the period of investigation, 

January 1, 2018, through December 31, 

2018. Commerce is notifying the public 

that the CIT’s final judgment is not in 

harmony with Commerce’s final 

determination in that investigation and 

that Commerce is amending the final 

determination with respect to the 

countervailable subsidy rate determined 

for PT. Kenertec Power System 

(Kenertec). Because the amended 

countervailable subsidy rate determined 

for Kenertec, the only individuallyexamined respondent in the 

investigation, is now de minimis, 

Commerce is hereby revoking the CVD 

order. 

DATES: Applicable January 7, 2022. 

FOR FURTHER INFORMATION CONTACT: Alex 

Wood 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) 482–1959 or (202) 482–1413, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 6, 2020, Commerce published 

its final determination in the CVD 

investigation of wind towers from 

Indonesia. Commerce reached an 

affirmative determination that Kenertec 

received countervailable subsidies at a 

net countervailable subsidy rate of 5.90 

percent.1 Commerce subsequently 

published the CVD order on wind 

towers from Indonesia.2

Kenertec and the Wind Tower Trade 

Coalition, the petitioner in the 

investigation, appealed Commerce’s 

Final Determination. On July 20, 2021, 

the CIT remanded the Final 

Determination to Commerce, directing 

Commerce to address whether it 

improperly included an export subsidy 

in its upstream subsidy calculation.3 In 

the final remand redetermination, 

issued in August 2021, Commerce: (1) 

Determined that the Rediscount Loan 

Program is an export subsidy; (2) 

concluded that the export subsidy was 

improperly included in the upstream 

subsidy calculation for Kenertec in the 

Final Determination; and (3) excluded 

the export subsidy from the 

calculation.4 The changes made in the 

Final Redetermination resulted in a de 

minimis net countervailable subsidy 

rate of 0.85 percent for Kenertec. The 

CIT sustained Commerce’s Final 

Redetermination.5

Timken Notice 

In its decision in Timken,6 as clarified 

by Diamond Sawblades,7 the Court of 

Appeals for the Federal Circuit held 

that, pursuant to section 516A(c) and (e) 

of the Tariff Act of 1930, as amended 

(the Act), Commerce must publish a 

notice of court decision that is not ‘‘in 

harmony’’ with a Commerce 

determination and must suspend 

liquidation of entries pending a 

‘‘conclusive’’ court decision. The CIT’s 

December 28, 2021, judgment 

constitutes a final decision of the CIT 

that is not in harmony with Commerce’s 

Final Determination. Thus, this notice is 

published in fulfillment of the 

publication requirements of Timken. 

Amended Final Determination 

Because there is now a final court 

judgment, Commerce is amending its 

Final Determination with respect to 

Kenertec as follows: 

Producer/exporter Percent 

ad valorem 

PT Kenertec Power System.0.85 (de minimis). 

Revocation of Countervailing Duty 

Order 

Pursuant to section 705(a)(3) of the 

Act, Commerce ‘‘shall disregard any 

countervailable subsidy that is de 

minimis as defined in section 703(b)(4)’’ 

of the Act. Furthermore, and pursuant to 

section 705(c)(2) of the Act, ‘‘the 

investigation shall be terminated upon 

publication of that negative 

determination’’ and Commerce shall 

‘‘terminate the suspension of 

liquidation’’ and ‘‘release any bond or 

other security and refund any cash 

deposit.’’ As a result of this amended 

final determination, Commerce is 

hereby revoking the CVD order on wind 

towers from Indonesia because the 

revised CVD rate determined for 

Kenertec, the only mandatory 

respondent, is now de minimis.8

Because the revised net countervailable 

subsidy rate determined for the sole 

mandatory respondent, Kenertec, is de 

minimis, Commerce did not determine 

an all-others rate in the Final 

Redetermination. Accordingly, 

Commerce intends to issue instructions 

to U.S. Customs and Border Protection 

(CBP) to release any bonds or other 

security and refund cash deposits 

pertaining to any suspended entries 

pursuant to the order. As a result of this 

revocation, Commerce will not initiate 

administrative reviews of this order. 

Cash Deposit Requirements and 

Liquidation of Suspended Entries 

As a result of this amended final 

determination, Commerce is revoking 

the CVD order on wind towers from 

Indonesia. Accordingly, Commerce will 

instruct CBP to cease any collection of 

cash deposits of estimated CVD duties 


jspears on DSK121TN23PROD with NOTICES1
2138 Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Notices 

9See, e.g., Drill Pipe from the People’s Republic 

of China: Notice of Court Decision Not in Harmony 

with International Trade Commission’s Injury 

Determination, Revocation of Antidumping and 

Countervailing Duty Orders Pursuant to Court 

Decision, and Discontinuation of Countervailing 

Duty Administrative Review, 79 FR 78037, 78038 

(December 29, 2014); and High Pressure Steel 

Cylinders from the People’s Republic of China: 

Notice of Court Decision Not in Harmony With 

Final Determination in Less Than Fair Value 

Investigation, Notice of Amended Final 

Determination Pursuant to Court Decision, Notice of 

Revocation of Antidumping Duty Order in Part, and 

Discontinuation of Fifth Antidumping Duty 

Administrative Review, 82 FR 46758, 46760 

(October 6, 2017). 

on entries of wind towers from 

Indonesia and to release any bonds or 

other security and refund cash deposits 

pertaining to any suspended entries of 

wind towers from Indonesia. Although 

section 705(c)(2)(A) of the Act instructs 

Commerce to terminate suspension of 

liquidation, we note that, pursuant to 

Timken, the suspension of liquidation 

must continue during the pendency of 

the appeals process. Thus, we will 

instruct CBP at this time to: (1) Release 

any bond or other security and refund 

any cash deposit made pursuant to the 

order as discussed above; and (2) 

continue to suspend liquidation of all 

unliquidated entries of wind towers 

from Indonesia at a cash deposit rate of 

0.00 percent which are entered, or 

withdrawn from warehouse, for 

consumption on or after January 7, 

2022, which is ten days after the court’s 

decision, in accordance with section 

516A of the Act.9 In the event that the 

CIT’s judgment affirming the Final 

Redetermination is not appealed, or is 

appealed and upheld by the U.S. Court 

of Appeals for the Federal Circuit, 

Commerce will instruct CBP to 

terminate the suspension of liquidation 

and to liquidate those entries of subject 

merchandise without regard to 

countervailing duties. Notwithstanding 

the continued suspension pursuant to 

Timken described above, the CVD order 

on wind towers from Indonesia is 

hereby revoked. 

At this time, Commerce remains 

enjoined by CIT order during the 

pendency of litigation, including any 

appeals, from liquidating entries of 

wind towers from Indonesia that were 

produced and/or exported by Kenertec 

and that were entered, or withdrawn 

from warehouse, during the period 

December 13, 2019, through December 

31, 2020, excluding entries on or after 

April 11, 2020, through August 24, 

2020. Pursuant to the terms of the 

injunction, the enjoined entries of 

subject merchandise will be liquidated 

in accordance with the final court 

decision in this action, including all 

appeals, as provided in section 516A(e) 

of the Act. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(c) and 

(e) and 777(i)(1) of the Act. 

Dated: January 7, 2022. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations. 

[FR Doc. 2022–00633 Filed 1–12–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

Establishment and Call for 

Nominations To Serve on the Internet 

of Things Advisory Board 

AGENCY: National Institute of Standards 

and Technology, Department of 

Commerce. 

ACTION: Establishment and call for 

nominations to serve on the Internet of 

Things Advisory Board. 

SUMMARY: The Secretary of Commerce 

(Secretary) established the Internet of 

Things Advisory Board (IoTAB) in 

accordance with the requirements of the 

William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal 

Year 2021, and in accordance with the 

Federal Advisory Committee Act, as 

amended (FACA), The IoTAB shall 

provide advice to the Internet of Things 

Federal Working Group on matters 

related to the Internet of Things as 

specified below. The IoTAB shall 

submit to the IoTFWG a report that 

includes any findings or 

recommendations related to the specific 

scope below. 

The National Institute of Standards 

and Technology (NIST or Institute) 

invites and requests nominations of 

individuals for appointment to the 

IoTAB. Registered Federal lobbyists may 

not serve on NIST Federal Advisory 

Committees in an individual capacity. 

DATES: Nominations to serve on the 

inaugural IoTAB by 5:00 p.m. Eastern 

Time on February 28, 2022. 

ADDRESSES: Please submit nominations 

to Alicia Chambers, Committee Liaison 

Officer, National Institute of Standards 

and Technology, 100 Bureau Drive, MS 

1000, Gaithersburg, MD 20899 and 

Barbara Cuthill, Designated Federal 

Officer, National Institute of Standards 

and Technology, 100 Bureau Drive, MS 

2000, Gaithersburg, MD 20899. 

Nominations may also be submitted via 

email to alicia.chambers@nist.gov and 

barbara.cuthill@nist.gov. 

FOR FURTHER INFORMATION CONTACT: 

Alison Kahn, Electronics Engineer, 

National Institute of Standards and 

Technology, 325 Broadway, MS 671, 

Boulder, CO 80305. Her email is 

alison.kahn@nist.gov and phone 

number is (303) 497–3523. 

SUPPLEMENTARY INFORMATION: 

Committee Information 

The Secretary of Commerce 

(Secretary) established the Internet of 

Things Advisory Board (IoTAB) in 

accordance with the requirements of 

9204(b)(5) of the William M. (Mac) 

Thornberry National Defense 

Authorization Act for Fiscal Year 2021 

(Pub. L. 116–283), and in accordance 

with the Federal Advisory Committee 

Act, as amended (FACA), 5 U.S.C. App. 

The The IoTAB shall submit to the 

IoTFWG a report that includes any 

findings or recommendations related to 

the specific scope below. 

Objectives and Duties: The Board 

shall advise the Internet of Things 

Federal Working Group convened by the 

Secretary pursuant to Section 9204(b)(1) 

of the Act on matters related to the 

Federal Working Group’s activities, as 

specified below. 

The Board shall advise the Federal 

Working Group with respect to— 

a. the identification of any Federal 

regulations, statutes, grant practices, 

programs, budgetary or jurisdictional 

challenges, and other sector-specific 

policies that are inhibiting, or could 

inhibit, the development of the Internet 

of Things; 

b. situations in which the use of the 

Internet of Things is likely to deliver 

significant and scalable economic and 

societal benefits to the United States, 

including benefits from or to— 

i. smart traffic and transit 

technologies; 

ii. augmented logistics and supply 

chains; 

iii. sustainable infrastructure; 

iv. precision agriculture; 

v. environmental monitoring; 

vi. public safety; and 

vii. health care; 

c. whether adequate spectrum is 

available to support the growing 

Internet of Things and what legal or 

regulatory barriers may exist to 

providing any spectrum needed in the 

future; 

d. policies, programs, or multistakeholder activities that— 

i. promote or are related to the privacy 

of individuals who use or are affected 

by the Internet of Things; 


jspears on DSK121TN23PROD with NOTICES1