Notice2023-19207
Utility Scale Wind Towers From Malaysia: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review, 2021
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the countervailing duty order on utility scale wind towers (wind towers) from Malaysia. Commerce preliminarily finds that CS Wind Malaysia Sdn Bhd (CS Wind) received countervailable subsidies during the period of review (POR), March 25, 2021, through December 31, 2021. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 172 (Thursday, September 7, 2023)</title>
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[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Pages 61516-61517]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19207]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-557-822]
Utility Scale Wind Towers From Malaysia: Preliminary Results and
Partial Rescission of Countervailing Duty Administrative Review, 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the countervailing duty order on utility scale
wind towers (wind towers) from Malaysia. Commerce preliminarily finds
that CS Wind Malaysia Sdn Bhd (CS Wind) received countervailable
subsidies during the period of review (POR), March 25, 2021, through
December 31, 2021. We invite interested parties to comment on these
preliminary results.
DATES: Applicable September 7, 2023.
FOR FURTHER INFORMATION CONTACT: 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) 482-2517.
SUPPLEMENTARY INFORMATION:
Background
On October 11, 2022, Commerce initiated an administrative review of
the countervailing duty order on wind towers from Malaysia,\1\ in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act),\2\ with respect to 11 companies. Commerce selected CS Wind
for individual examination.\3\ On April 19, 2023, Commerce extended the
deadline for the preliminary results of this administrative review
until August 31, 2023.\4\
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\1\ See Utility Scale Wind Towers from Malaysia: Countervailing
Duty Order, 86 FR 41950 (August 4, 2021) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 61278 (October 11, 2022).
\3\ See Memorandum ``Respondent Selection,'' dated November 15,
2022.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated April
19, 2023.
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For details regarding the events that followed the initiation of
the review, see the Preliminary Decision Memorandum.\5\ A list of
topics included in the Preliminary Decision Memorandum is included as
an appendix to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review, 2021:
Utility Scale Wind Towers from Malaysia,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The products covered by the Order are wind towers from Malaysia.
For a full description of the scope, see the Preliminary Decision
Memorandum.
Rescission of Administrative Review, in Part
Based on our analysis of U.S. Customs and Border Protection (CBP)
data, we determined that there were no reviewable entries during the
POR for the following companies: CS Wind Corporation; CS Wind China
Co., Ltd; CS Wind Taiwan Ltd; CS Wind Turkey Kule Imaltati A.S; CS Wind
UK Limited; CS Wind Vietnam Co., Ltd; GE Renewable Energy; GE Renewable
[[Page 61517]]
Malaysia Sdn. Bhd; Nordex SE; and Siemens Gamesa Renewable Energy.\6\
On November 28, 2022, we notified parties that we intended to rescind
this administrative review with respect to these companies because
there are no reviewable suspended entries. No parties commented on the
notification of intent to rescind the review, in part. Therefore, in
accordance with 19 CFR 351.213(d)(3), Commerce is rescinding this
review with respect to these companies.
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\6\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated November 28, 2022.
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Methodology
We are conducting this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, we preliminarily determine that there is a subsidy,
i.e., a financial contribution from an ``authority'' that confers a
benefit to the recipient, and that the subsidy is specific.\7\ For a
full description of the methodology underlying these preliminary
results, see the Preliminary Decision Memorandum.
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\7\ See 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.
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Preliminary Results of Review
We preliminarily find the following net countervailable subsidy
rate exists for the period March 25, 2021, through December 31, 2021:
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Subsidy rate
Producer/exporter (percent ad
valorem)
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CS Wind Malaysia Sdn. Bhd.............................. 10.96
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Disclosure and Public Comment
We intend to disclose to interested parties the calculations
performed for these preliminary results within five days of the
publication of this notice.\8\ Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs at a date to be determined.
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed no later than seven days after the date for filing case
briefs.\9\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) a statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\10\ Case and rebuttal briefs should be filed using ACCESS
\11\ and must be served on interested parties.\12\ Executive summaries
should be limited to five pages total, including footnotes. Note that
Commerce has modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\13\
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\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See generally 19 CFR 351.303.
\12\ See 19 CFR 351.303(f).
\13\ See Temporary Rule.
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS.\14\ 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 and rebuttal briefs. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined. A hearing request must be filed electronically using ACCESS
and received in its entirety by 5:00 p.m. Eastern Time within 30 days
after publication of this notice.
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\14\ See 19 CFR 351.310(c).
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Assessment Rates
Pursuant to section 751(a)(1) of the Act, Commerce shall determine,
and CBP shall assess, countervailing duties on all appropriate entries
of subject merchandise covered by this review.\15\ For the companies
for which this review is rescinded, we intend to issue appropriate
assessment instructions to CBP no earlier than 35 days after the date
of publication of this notice in the Federal Register.
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\15\ See 19 CFR 351.212(b)(1).
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For CS Wind, Commerce will instruct CBP to assess countervailing
duties on all appropriate entries at the subsidy rates calculated in
the final results of this review. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of the final results of this 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
In accordance with section 751(a)(1) of the Act, Commerce intends,
upon publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amounts shown for
the company listed above on shipments of subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of the final results of this administrative review. For all
non-reviewed firms, we will instruct CBP to continue to collect cash
deposits at the most recent company-specific or all-others rate
applicable to the company. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Final Results of Review
Unless otherwise extended, 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, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
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 351.213 and 19
CFR 351.221(b)(4).
Dated: August 30, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Partial Rescission of Administrative Review
V. Scope of the Order
VI. Subsidies Valuation Information
VII. Use of Facts Otherwise Available
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2023-19207 Filed 9-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 7, 2023.
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