Automatic liquidation instruction for Utility Scale Wind Towers from Canada for the period 01/01/2021 through 12/31/2021 (C-122-868)

1. Commerce does not automatically conduct administrative reviews of countervailing duty orders. Instead, reviews must be requested pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended, and in accordance with 19 CFR 351.213. 2. Commerce has not received a request for an administrative review of the countervailing duty order for the period and on the merchandise identified below. Therefore, in accordance with 19 CFR 351.212(c), you are to assess countervailing duties on merchandise entered, or withdrawn from warehouse, for consumption at the cash deposit rate in effect on the date of entry. Liquidate all entries for all firms. Product: Utility Scale Wind Towers Country: Canada Case number: C-122-868 Period: 01/01/2021 through 12/31/2021 3. Commerce is currently conducting a scope inquiry on whether monopiles used in the foundation for offshore wind turbines are covered by the scope of the countervailing duty order on utility scale wind towers from Canada (C-122-868). In message 2319403, dated 11/15/2022, Commerce instructed CBP to continue to suspend entries of merchandise covered by the inquiry that are already subject to suspension of liquidation under the countervailing duty order. Entries of products covered by that message should not be liquidated until specific liquidation instructions are issued. 4. The injunction with court number 20-00168 discussed in message number 2325406, dated 11/21/2022, is applicable to the entries (1) That were produced and exported by Marmen Inc. or Marmen Energie Inc. (2) That were the subject of the United States Department of Commerce's final determination in Utility Scale Wind Towers from Canada, 85 FR 40245 (July 6, 2020); (3) That were entered, or withdrawn from warehouse, for consumption, during the period January 1, 2021 through December 31, 2021. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued. 5. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 2 occurred with the publication of the notice of initiation of administrative review for the 08/2022 anniversary month (87 FR 61278, 10/11/2022). Unless instructed otherwise, for all other shipments of Utility Scale Wind Towers from Canada you shall continue to collect cash deposits of estimated countervailing duties for the merchandise at the current rates. 6. The assessment of countervailing duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended. Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated countervailing duties. The interest provisions are not applicable to cash posted as estimated countervailing duties before the date of publication of the countervailing duty order. Interest shall be calculated from the date payment of estimated countervailing duties is required through the date of liquidation. The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period. 7. This instruction to liquidate entries covered by this message does not limit CBP's independent authority, including its authority to suspend, continue to suspend, or extend liquidation of entries addressed by this message. Accordingly, CBP should examine all entries for which this message directs liquidation to determine whether any such entries are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's independent authority (e.g., Enforce and Protect Act under section 517 of the Tariff Act of 1930, as amended). If entries of subject merchandise covered by this message are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's own authority, CBP port officials should follow CBP's internal procedures with respect to continuing any suspension, the lifting of suspension, and/or continuing any extension of liquidation for such entries. 8. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OVI:CRJ.) 9. There are no restrictions on the release of this information. Alexander Amdur