41950 Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices 

9See 19 CFR 351.303 (for general filing 

requirements). 

10Where Commerce has calculated export 

subsidies in a companion countervailing duty order 

administrative review, we have made an adjustment 

based on the most recently completed review. See 

Polyethylene Terephthalate Film Sheet and Strip 

from India: Final Results of Countervailing Duty 

Administrative Review; 2017, 85 FR 14463 (March 

12, 2020). 

11See 19 CFR 351.106(c)(2). 12Order. 

1See Utility Scale Wind Towers from Malaysia: 

Final Affirmative Countervailing Duty 

Determination, 86 FR 30593 (June 9, 2021). 

2See ITC Letter, ‘‘Notification of ITC Final 

Determinations,’’ dated July 26, 2021. 

summary of the argument; and (3) a 

table of authorities.9

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, must submit a written request 

to the Acting Assistant Secretary for 

Enforcement and Compliance, filed 

electronically via ACCESS. An 

electronically filed document must be 

received successfully in its entirety by 

Commerce’s electronic records system, 

ACCESS, by 5 p.m. Eastern Time within 

30 days after the date of publication of 

this notice. Requests should contain: (1) 

The party’s name, address, and 

telephone number; (2) the number of 

participants; and (3) a list of issues to be 

discussed. Issues raised in the hearing 

will be limited to those raised in the 

respective case briefs. Commerce 

intends to issue the final results of this 

administrative review, including the 

results of its analysis of the issues raised 

in any written briefs, not later than 120 

days after the date of publication of this 

notice, unless extended, pursuant to 

section 751(a)(3)(A) of the Act. 

Assessment Rates 

Upon completion of this 

administrative review, Commerce shall 

determine, and U.S. CBP shall assess, 

antidumping duties on all appropriate 

entries. If a respondent’s weightedaverage dumping margin is not zero or 

de minimis (i.e., less than 0.5 percent) 

in the final results of this review, we 

will calculate importer-specific ad 

valorem assessment rates on the basis of 

the ratio of the total amount of dumping 

calculated for an importer’s examined 

sales and the total entered value of those 

same sales, in accordance with 19 CFR 

351.212(b)(1).10 Where an importerspecific ad valorem assessment rate is 

zero or de minimis in the final results 

of the review, we will instruct CBP to 

liquidate the appropriate entries 

without regard to antidumping duties.11

Commerce intends to issue 

assessment instructions to CBP 35 days 

after the date of publication of the final 

results of this administrative review in 

the Federal Register. If a timely 

summons is filed at the U.S. Court of 

International Trade, the assessment 

instructions will direct CBP not to 

liquidate relevant entries until the time 

for parties to file a request for a statutory 

injunction has expired (i.e., within 90 

days of publication.) 

Cash Deposit Requirements 

The following deposit requirements 

will be effective for all shipments of 

PET film from India entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of the final results of this 

administrative review, as provided for 

by section 751(a)(2)(C) of the Act: (1) 

The cash deposit rate for the company 

under review will be the rate 

established in the final results of this 

review (except, if the rate is zero or de 

minimis, no cash deposit will be 

required); (2) for previously reviewed or 

investigated companies not listed above, 

the cash deposit rate will continue to be 

the company-specific rate published for 

the most recent period; (3) if the 

exporter is not a firm covered in this 

review, a prior review, or the less-thanfair-value investigation, but the 

manufacturer is, the cash deposit rate 

will be the rate established for the most 

recent period for the manufacturer of 

the merchandise; and (4) the cash 

deposit rate for all other manufacturers 

or exporters is 5.71 percent.12 These 

cash deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

Notification to Importers 

This notice also serves as a 

preliminary reminder to importers of 

their responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this 

review period. Failure to comply with 

this requirement could result in the 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

Notification to Interested Parties 

We are issuing and publishing these 

results in accordance with sections 

751(a)(1) and 777(i)(1) of the Act and 19 

CFR 351.221(b)(4). 

Dated: July 29, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Partial Rescission of Administrative 

Review 

IV. Scope of the Order 

V. Comparisons to Normal Value 

VI. Date of Sale 

VII. Export Price 

VIII. Normal Value 

IX. Currency Conversion 

X. Recommendation 

[FR Doc. 2021–16620 Filed 8–3–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–557–822] 

Utility Scale Wind Towers From 

Malaysia: 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 Malaysia. 

DATES: Applicable August 4, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Nathan James or Kelsie Hohenberger, 

AD/CVD Operations, Office V, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–5305 

and (202) 482–2517, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with section 705(d) of 

the Tariff Act of 1930, as amended (the 

Act), on June 9, 2021, Commerce 

published its affirmative final 

determination in the countervailing 

duty investigation of wind towers from 

Malaysia.1 On July 26, 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 Malaysia.2

Scope of the Order 

The products covered by this order 

are wind towers from Malaysia. For a 

complete description of the scope of the 

order, see the appendix to this notice. 


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Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices 41951 

3 Id. 

4See Utility Scale Wind Towers from Malaysia: 

Preliminary Affirmative Countervailing Duty 

Determination, 86 FR 15887 (March 25, 2021) 

(Preliminary Determination). 

Countervailing Duty Order 

As noted above, on July 26, 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 Malaysia.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 Malaysia are materially 

injuring a U.S. industry, unliquidated 

entries of such merchandise from 

Malaysia, entered or withdrawn from 

warehouse for consumption, are subject 

to the assessment of countervailing 

duties. 

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 

Malaysia. 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 Malaysia 

entered, or withdrawn from warehouse, 

for consumption on or after March 25, 

2021, the date of publication of the 

Preliminary Determination.4

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 Malaysia, 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. 

Company Subsidy rate 

(percent) 

CS Wind Malaysia Sdn Bhd 6.42 

All Others .............................. 6.42 

Provisional Measures 

Section 703(d) of the Act states that 

instructions issued 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 will instruct CBP to 

terminate the suspension of liquidation 

and to liquidate, without regard to 

countervailing duties, unliquidated 

entries of wind towers from Malaysia 

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 will resume 

on the date of publication of the ITC’s 

final determination in the Federal 

Register. 

Notification to Interested Parties 

This notice constitutes the 

countervailing duty order with respect 

to wind towers from Malaysia pursuant 

to section 706(a) of the Act. Interested 

parties can find a list of countervailing 

duty orders currently in effect at http:// 

enforcement.trade.gov/stats/ 

iastats1.html. 

This order is issued and published in 

accordance with section 706(a) of the 

Act and 19 CFR 351.211(b). 

Dated: July 28, 2021. 

Christian Marsh, 

Acting 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 

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. 2021–16621 Filed 8–3–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–891] 

Carbon and Alloy Steel Wire Rod From 

the Republic of Korea: Preliminary 

Results of Antidumping Duty 

Administrative Review; 2019–2020 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily finds that 

POSCO, a producer and exporter of 

carbon and alloy steel wire rod (wire 

rod) from the Republic of Korea (Korea), 

sold subject merchandise in the United 

States at prices below normal value 

during the period of review (POR) May 

1, 2019, through April 30, 2020. We 

invite all interested parties to comment 

on these preliminary results. 


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