Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Notices 30593 

1See Utility Scale Wind Towers from Malaysia: 

Preliminary Affirmative Countervailing Duty 

Determination, 86 FR 15887 (March 25, 2021) 

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum. 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Determination in the 

Countervailing Duty Investigation of Utility Scale 

Wind Towers from Malaysia,’’ dated concurrently 

with this notice (Issues and Decision 

Memorandum). 

3See Commerce’s Letter, ‘‘Countervailing Duty 

Investigation of Utility Scale Wind Towers from 

Malaysia: In Lieu of Verification Questionnaire,’’ 

dated March 25, 2021. 

4See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

5See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination in the 

Countervailing Duty Investigation of Utility Scale 

Wind Towers from Malaysia,’’ dated March 19, 

2021 at 7. 

Type I, Style 20 nails as identified in Tables 

29 through 33 of ASTM Standard FI667 (2013 

revision). 

Also, excluded from the scope of this order 

are nails suitable for use in powder-actuated 

hand tools, whether or not threaded, which 

are currently classified under HTSUS 

subheadings 7317.00.20.00 and 

7317.00.30.00. 

Also, excluded from the scope of this order 

are nails having a case hardness greater than 

or equal to 50 on the Rockwell Hardness C 

scale (HRC), a carbon content greater than or 

equal to percent, a round head, a secondary 

reduced-diameter raised head section, a 

centered shank, and a smooth symmetrical 

point, suitable for use in gas-actuated hand 

tools. 

Also, excluded from the scope of this order 

are corrugated nails. A corrugated nail is 

made up of a small strip of corrugated steel 

with sharp points on one side. 

Also, excluded from the scope of this order 

are thumb tacks, which are currently 

classified under HTSUS subheading 

7317.00.10.00. 

Certain steel nails subject to this order are 

currently classified under HTSUS 

subheadings 7317.00.55.02, 7317.00.55.03, 

7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 

7317.00.55.11, 7317.00.55.18, 7317.00.55.19, 

7317.00.55.20, 7317.00.55.30, 7317.00.55.40, 

7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 

7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 

7317.00.65.60 and 7317.00.75.00. Certain 

steel nails subject to this order also may be 

classified under HTSUS subheadings 

7907.00.60.00, 8206.00.00.00 or other HTSUS 

subheadings. While the HTSUS subheadings 

are provided for convenience and customs 

purposes, the written description of the 

scope of this order is dispositive. 

[FR Doc. 2021–12077 Filed 6–8–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–557–822] 

Utility Scale Wind Towers From 

Malaysia: Final Affirmative 

Countervailing Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that 

countervailable subsidies are being 

provided to producers and exporters of 

utility scale wind towers (wind towers) 

from Malaysia. 

DATES: Applicable June 9, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Nathan James, 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. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 25, 2021, Commerce 

published the Preliminary 

Determination in this investigation in 

the Federal Register.1 The petitioner in 

this investigation is the Wind Tower 

Trade Coalition. In addition to the 

Government of Malaysia, the mandatory 

respondent in this investigation is CS 

Wind Malaysia Sdn Bhd (CS Wind). 

A summary of the events that 

occurred since Commerce published the 

Preliminary Determination is found in 

the Issues and Decision Memorandum, 

which is hereby adopted by this notice.2

The Issues and Decision Memorandum 

is a public document and is on file 

electronically via Enforcement and 

Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS). 

ACCESS is available to registered users 

at http://access.trade.gov. In addition, a 

complete version of the Issues and 

Decision Memorandum can be accessed 

directly at http://enforcement.trade.gov/ 

frn/. 

Period of Investigation 

The period of investigation is January 

1, 2019, through December 31, 2019. 

Scope of the Investigation 

The products covered by this 

investigation are wind towers from 

Malaysia. For a complete description of 

the scope of this investigation, see 

Appendix I. 

Verification 

Commerce was unable to conduct onsite verification of the information 

relied upon in making its final 

determination in this investigation. 

However, we took additional steps in 

lieu of on-site verification to verify the 

information relied upon in making this 

final determination, in accordance with 

section 782(i) of the Act.3

Analysis of Subsidy Programs and 

Comments Received 

The subsidy programs under 

investigation, and the issues raised in 

the case and rebuttal briefs by parties in 

this investigation, are discussed in the 

Issues and Decision Memorandum. For 

a list of the issues raised by parties, and 

to which we responded in the Issues 

and Decision Memorandum, see 

Appendix II of this notice. 

Methodology 

Commerce conducted this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, 

Commerce determines that there is a 

subsidy, i.e., a financial contribution by 

an ‘‘authority’’ that gives rise to a 

benefit to the recipient, and that the 

subsidy is specific.4 For a full 

description of the methodology 

underlying our final determination, see 

the Issues and Decision Memorandum. 

In making this final determination, 

Commerce is relying, in part, on facts 

otherwise available pursuant to section 

776(a) of the Act. For a full discussion 

of our application of facts available, see 

the Preliminary Determination 5 and 

Comment 3 of the accompanying Issues 

and Decision Memorandum. 

Changes Since the Preliminary 

Determination 

Based on our review and analysis of 

the record and the comments received 

from parties, we made certain changes 

to the countervailable subsidy rate 

calculation for CS Wind. For a 

discussion of these changes, see the 

Issues and Decision Memorandum. 

All-Others Rate 

Section 705(c)(5)(A) of the Act 

provides that in the final determination, 

Commerce shall determine an all-others 

rate for companies not individually 

examined. This rate shall be an amount 

equal to the weighted average of the 

estimated subsidy rates established for 

those companies individually 

examined, excluding any rates that are 

zero, de minimis, or based entirely 

under section 776 of the Act. 

In this investigation, Commerce 

calculated an individual estimated 

countervailable subsidy rate for CS 

Wind that is not zero, de minimis, or 

based entirely on facts otherwise 

available. Accordingly, we have 

assigned CS Wind’s subsidy rate to all 


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30594 Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Notices 

6CS Wind reported its sales values as public 

information. 

other producers and exporters, pursuant 

to section 705(c)(5)(A)(i) of the Act.6

Final Determination 

Commerce determines that the 

following countervailable subsidy rates 

exist: 

Company 

Subsidy 

rate 

(percent) 

CS Wind Malaysia Sdn Bhd ....... 6.42 

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

Disclosure 

Commerce intends to disclose to 

interested parties its calculations and 

analysis performed in this final 

determination within five days of any 

public announcement or, if there is no 

public announcement, within five days 

of the date of publication of this notice 

in the Federal Register, in accordance 

with 19 CFR 351.224(b). 

Continuation of Suspension of 

Liquidation 

As a result of our Preliminary 

Determination and pursuant to sections 

703(d)(1)(B) and (d)(2) of the Act, we 

instructed U.S. Customs and Border 

Protection (CBP) to suspend liquidation 

of entries of subject merchandise as 

described in the scope of the 

investigation section that were entered, 

or withdrawn from warehouse, for 

consumption on or after March 25, 

2021, the date of publication of the 

Preliminary Determination in the 

Federal Register. 

We are directing CBP to continue to 

suspend liquidation of all imports of the 

subject merchandise from Malaysia that 

were entered, or withdrawn from 

warehouse, for consumption on or after 

the date of publication of this notice in 

the Federal Register. The suspension of 

liquidation instructions will remain in 

effect until further notice. We are also 

directing CBP to collect countervailing 

duty deposits at the rate described 

above. 

If the U.S. International Trade 

Commission (ITC) issues a final 

affirmative injury determination, we 

will issue a countervailing duty order 

and require a cash deposit of estimated 

countervailing duties for such entries of 

subject merchandise in the amounts 

indicated above, in accordance with 

section 706(a) of the Act. If the ITC 

determines that material injury, or 

threat of material injury, does not exist, 

this proceeding will be terminated, and 

all cash deposits will be refunded or 

canceled. 

ITC Notification 

In accordance with section 705(d) of 

the Act, Commerce will notify the ITC 

of its final affirmative determination. 

Because Commerce’s final 

determination is affirmative, in 

accordance with section 705(b) of the 

Act, the ITC will make its final 

determination as to whether the 

domestic industry in the United States 

is materially injured, or threatened with 

material injury, by reason of wind 

towers from Malaysia no later than 45 

days after our final determination. In 

addition, we are making available to the 

ITC all non-privileged and nonproprietary information related 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 (APO), without the 

written consent of the Assistant 

Secretary for Enforcement and 

Compliance. 

Notification Regarding APO 

In the event that the ITC issues a final 

negative injury determination, this 

notice will serve as the only reminder 

to parties subject to the APO of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return/ 

destruction of APO materials, or 

conversion to judicial protective order, 

is hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a violation which is subject to 

sanction. 

Notification to Interested Parties 

This determination is issued and 

published pursuant to sections 705(d) 

and 771(i) of the Act, and 19 CFR 

351.210(c). 

Dated: June 2, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix I 

Scope of the Investigation 

The merchandise covered by this 

investigation 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 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 

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 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 Wind’s Land 

Comment 5: Whether Commerce Should 

Modify the Denominator Used in Its 

Benefit Calculations 


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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Notices 30595 

1See Certain Cold-Drawn Mechanical Tubing of 

Carbon and Alloy Steel from the People’s Republic 

of China and India: Countervailing Duty Orders, 83 

FR 4637 (February 1, 2018). 2See Certain Cold-Drawn Mechanical Tubing of 

Carbon and Alloy Steel from India: Final 

Affirmative Countervailing Duty Determination, 82 

FR 58172 (December 11, 2017). Commerce 

calculated a final all-others subsidy rate of 22.41 

percent. We did not issue an amended final 

determination. 

Comment 6: Whether Commerce 

Incorrectly Declined to Initiate an 

Investigation into the Cut-to-Length 

(CTL) Plate for LTAR New Subsidy 

Allegation (NSA) 

VIII. Recommendation 

[FR Doc. 2021–12024 Filed 6–8–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–059, C–533–874] 

Certain Cold-Drawn Mechanical Tubing 

of Carbon and Alloy Steel From the 

People’s Republic of China and India: 

Countervailing Duty Orders; 

Correction 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

ACTION: Notice; correction. 

SUMMARY: The Department of Commerce 

(Commerce) published in the Federal 

Register on February 1, 2018, the 

countervailing duty orders on certain 

cold-drawn mechanical tubing of carbon 

and alloy steel (cold-drawn mechanical 

tubing) from the People’s Republic of 

China (China) and India. This notice 

corrects the subsidy rate calculated for 

all other exporters/producers from 

India. 

FOR FURTHER INFORMATION CONTACT: 

Eliza Siordia, 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) 482–3878. 

SUPPLEMENTARY INFORMATION: 

Correction 

In the Federal Register of February 1, 

2018, in FR Doc 2018–02045, on page 

4638, in the table under the subheading 

‘‘Exporter/Producer from India,’’ correct 

the subsidy rate (percent) for ‘‘AllOthers’’ to 22.41 percent. 

Background 

On February 1, 2018, Commerce 

published in the Federal Register the 

countervailing duty orders on colddrawn mechanical tubing from China 

and India.1 We incorrectly stated the 

subsidy rate for all-other exporters/ 

producers from India as 22.40 percent 

due to a typographical error.2 The 

corrected subsidy rate is as follows: 

Exporter/producer from India 

Subsidy rate 

(percent ad 

valorem) 

All Others .............................. 22.41 

We hereby notify the public in this 

notice we should have identified the allothers subsidy rate as 22.41 percent. We 

intend to notify U.S. Customs and 

Border Protection of this correction. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with section 706(a) of the 

Tariff Act of 1930, as amended, and 19 

CFR 351.211(b). 

Dated: June 3, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2021–12076 Filed 6–8–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Comment 

Request; NOAA Satellite Customer 

Questionnaire 

AGENCY: National Oceanic & 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of information collection, 

request for comment. 

SUMMARY: The Department of 

Commerce, in accordance with the 

Paperwork Reduction Act of 1995 

(PRA), invites the general public and 

other Federal agencies to comment on 

proposed, and continuing information 

collections, which helps us assess the 

impact of our information collection 

requirements and minimize the public’s 

reporting burden. The purpose of this 

notice is to allow for 60 days of public 

comment preceding submission of the 

collection to OMB. 

DATES: To ensure consideration, 

comments regarding this proposed 

information collection must be received 

on or before August 9, 2021. 

ADDRESSES: Interested persons are 

invited to submit written comments to 

Adrienne Thomas, NOAA PRA Officer, 

at Adrienne.thomas@noaa.gov. Please 

reference OMB Control Number 0648– 

0227 in the subject line of your 

comments. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

specific questions related to collection 

activities should be directed to Mark 

Turner at Mark.W.Turner@noaa.gov, 

301–817–4446. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

This request is for extension of a 

current information collection. 

The National Oceanic and 

Atmospheric Administration (NOAA) 

operates a minimum of four 

meteorological satellite imagery 

transmission systems, two from 

geostationary operational environmental 

(GOES) satellites and two from polarorbiting television infrared operational 

(TIROS) satellites. In addition, legacy 

backup and standby polar-orbiting 

satellites continue to be operated as 

their health permits. The data 

transmitted are available worldwide, 

and any user can establish a ground 

receiving station for reception of the 

data without the prior consent, 

notification, or other approval from 

NOAA. With such an open access 

policy, it is currently not possible to 

have a comprehensive understanding of 

the range and numbers of the data users 

and application of the data received 

and/or used. The purpose of collecting 

the information contained in the 

‘‘Questionnaire’’ is to satisfy the 

following objectives: (1) To comply with 

international agreements such as the 

Department of Commerce (DOC)/ 

NOAA’s memorandum of understanding 

(MOU) with the World Meteorological 

Organization (WMO), so that NOAA can 

provide environmental satellite data and 

processed satellite data products to the 

public domain, and (2) To improve 

Government efficiencies of data 

dissemination using cost-saving 

technologies to minimize the 

expenditure of personnel and financial 

resources. The NOAA Policy on 

Partnerships in the Provision of 

Environmental Information is also 

pertinent to this information collection. 

This policy was developed to strengthen 

the partnership among government, 

academia, and the private sector, which 

provides the nation with high quality 

environmental information. 

The collection of information from a 

respondent is initiated when an 

individual contacts National 

Environmental Satellite, Data, and 

Information Service (NESDIS) via letter, 


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