Notice2023-28997
Utility Scale Wind Towers From Malaysia: Preliminary Results of Antidumping Duty Administrative Review, 2021-2022
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
January 4, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S Department of Commerce (Commerce) preliminarily determines that the sole producer or exporter subject to this administrative review made sales of subject merchandise at below normal value (NV). The period of review (POR) is October 13, 2021, through November 30, 2022. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 3 (Thursday, January 4, 2024)</title>
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[Federal Register Volume 89, Number 3 (Thursday, January 4, 2024)]
[Notices]
[Pages 461-463]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28997]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-821]
Utility Scale Wind Towers From Malaysia: Preliminary Results of
Antidumping Duty Administrative Review, 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S Department of Commerce (Commerce) preliminarily
determines that the sole producer or exporter subject to this
administrative review made sales of subject merchandise at below normal
value (NV). The period of review (POR) is October 13, 2021, through
November 30, 2022. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable January 4, 2024.
FOR FURTHER INFORMATION CONTACT: Nicolas Mayora, 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) 482-3053.
SUPPLEMENTARY INFORMATION:
Background
On December 6, 2021, Commerce published in the Federal Register the
antidumping duty order on utility scale wind towers (wind towers) from
Malaysia.\1\ On December 1, 2022, we published in the Federal Register
a notice of opportunity to request an administrative review of the
Order.\2\ On February 2, 2023, based on timely requests for an
administrative review, in accordance with 19 CFR 351.221(c)(1)(i),
Commerce initiated the administrative review covering one company,\3\
CS Wind Malaysia Sdn Bhd
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and its parent company, CS Wind Corporation, (collectively, CS
Wind).\4\
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\1\ See Utility Scale Wind Towers from India and Malaysia:
Antidumping Duty Orders, 86 FR 69014 (December 6, 2021) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 73752 (December
1, 2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 7060 (February 2, 2023).
\4\ In the less-than-fair-value (LTFV) investigation of scale
wind towers from Malaysia, Commerce determined that CS Wind Malaysia
Sdn Bhd and CS Wind Corporation are a single entity. See Utility
Scale Wind Towers from Malaysia: Preliminary Determination of Sales
at Not Less Than Fair Value and Postponement of Final Determination,
86 FR 27828 (May 24, 2021), unchanged in Utility Scale Wind Towers
from Malaysia: Final Affirmative Determination of Sales at Less Than
Fair Value, 86 FR 56894 (October 13, 2021).
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On August 17, 2023, Commerce extended the time limit for completing
the preliminary results of this review until December 28, 2023.\5\ For
a complete description of the events between the initiation of this
review and these preliminary results, see the Preliminary Decision
Memorandum.\6\
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\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2019-2021,''
dated August 17, 2023.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Utility
Scale Wind Towers from Malaysia; 2021-2022,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The merchandise covered by the scope of this Order are wind towers
from Malaysia. 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 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.
A complete description of the scope of the Order is contained in
the Preliminary Decision Memorandum.\7\
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\7\ See Preliminary Decision Memorandum at ``Scope of the
Order.''
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). We calculated
export prices in accordance with sections 772(a) of the Act. We
calculated NV in accordance with section 773(e) of the Act. For a full
description of the methodology underlying these preliminary results,
see the Preliminary Decision Memorandum. See the appendix for a
complete list of topics discussed in the Preliminary Decision
Memorandum.
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>.
Preliminary Results of the Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist during the period October 13, 2021,
through November 30, 2022:
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Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
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CS Wind Corporation/CS Wind Malaysia Sdn Bhd................ 25.92
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Verification
Commerce received a timely request from the Wind Tower Trade
Coalition (the petitioner) to verify the information submitted in this
administrative review, pursuant to 19 CFR 307(b)(1)(iv).\8\ Commerce
does not intend to verify the information submitted by the mandatory
respondent in the course of this administrative review because we
conducted a verification of CS Wind in the underlying investigation.\9\
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\8\ See Petitioner's Letter, ``Request for Verification,'' dated
May 15, 2023.
\9\ See Utility Scale Wind Towers from Malaysia: Final
Affirmative Determination of Sales at Less Than Fair Value, 86 FR
56894 (October 13, 2021).
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results.\10\
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of this notice.\11\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed not later than five days after the date for
filing case briefs.\12\ Interested parties who submit case briefs or
rebuttal briefs in this proceeding must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\13\ As provided
under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have
encouraged interested parties to provide an executive summary of their
brief that should be limited to five pages total, including footnotes.
In this review, we instead request that interested parties provide at
the beginning of their briefs a public, executive summary for each
issue raised in their briefs.\14\ Further, we request that interested
parties limit their executive summary of each issue to no more than 450
words, not including citations. We intend to use the executive
summaries as the basis of the comment summaries included in the issues
and decision memorandum that will accompany the final results in this
administrative review. We request that interested parties include
footnotes for relevant citations in the executive summary of each
issue. Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\15\
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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(c)(1)(ii).
\12\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\13\ See 19 351.309(c)(2) and (d)(2).
\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), 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. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants and if any participant
is a foreign national; and (3) a list of the issues to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective case briefs. An electronically filed hearing request 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.
Assessment Rates
Upon issuance of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries covered by
this review.\16\ If a respondent's weighted-average 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
antidumping duty assessment rates
[[Page 463]]
based on the ratio of the total amount of dumping calculated for the
importer's examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1). We intend to instruct
CBP to assess antidumping duties on all appropriate entries covered by
this review when the importer-specific assessment rate calculated in
the final results of this review is not zero or de minimis. Where an
importer-specific assessment rate is zero or de minimis in the final
results of this review, we intend to instruct CBP to liquidate the
appropriate entries without regard to antidumping duties in accordance
with 19 CFR 351.106(c)(2). The final results of this review shall be
the basis for the assessment of antidumping duties on entries of
merchandise covered by this review and for future deposits of estimated
duties, where applicable.\17\
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\16\ See 19 CFR 351.212(b)(1).
\17\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by CS Wind
for which it did not know that the merchandise was destined for the
United States, we will instruct CBP to liquidate those entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\18\
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\18\ For a full description of this practice, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003).
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We intend to issue instructions to CBP no earlier than 35 days
after the publication date 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
The following cash deposit requirements will be effective upon
publication in the Federal Register of the notice of final results of
this administrative review for all shipments of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication, as provided by section 751(a)(2)(C) of the Act:
(1) the cash deposit rate for the company listed in the final results
of this review will be equal to the weighted-average dumping margin
established in the final results of this administrative review, except
if the rate is less than 0.50 percent and, therefore, de minimis within
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit
rate will be zero; (2) for merchandise exported by producers or
exporters not covered in this review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this
proceeding in which they were reviewed; (3) the cash deposit rate for
all other producers or exporters will continue to be 0.00 percent, the
all-others rate established in the LTFV investigation, adjusted for the
export-subsidy rate in the companion countervailing duty
investigation.\19\ The cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\19\ See Order, 86 FR at 69015.
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Notification to Importers
This notice 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 the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
Commerce is 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: December 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Multinational Corporation Allegation
IV. Scope of the Order
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023-28997 Filed 1-3-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 4, 2024.
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