Notice2024-15102
Utility Scale Wind Towers From Malaysia: Final 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
July 10, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that utility scale wind towers (wind towers) from Malaysia were sold in the United States at less than normal value during the period of review (POR), October 13, 2021, through November 30, 2022.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 132 (Wednesday, July 10, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 132 (Wednesday, July 10, 2024)]
[Notices]
[Pages 56735-56736]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15102]
[[Page 56735]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-821]
Utility Scale Wind Towers From Malaysia: Final 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) determines that
utility scale wind towers (wind towers) from Malaysia were sold in the
United States at less than normal value during the period of review
(POR), October 13, 2021, through November 30, 2022.
DATES: Applicable July 10, 2024.
FOR FURTHER INFORMATION CONTACT: Staren Pierce, 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) 482-4533.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2024, Commerce published the Preliminary Results of
this administrative review and invited interested parties to comment on
the Preliminary Results.\1\ This administrative review covers one
company,\2\ CS Wind Malaysia Sdn Bhd and its parent company, CS Wind
Corporation (collectively, CS Wind).\3\ On May 6, 2024, Commerce held a
public hearing limited to the issues raised in the case and rebuttal
briefs.\4\ On May 31, 2024, Commerce fully extended the deadline for
issuing the final results until July 2, 2024.\5\ For a complete
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------
\1\ See Utility Scale Wind Towers from Malaysia: Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022, 89 FR
461 (January 4, 2024) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 7060 (February 2, 2023).
\3\ In the less-than-fair-value (LTFV) investigation of utility
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).
\4\ See Transcript, ``Public Hearing,'' dated May 13, 2024; see
also Memorandum, ``Hearing Schedule,'' dated April 25, 2024.
\5\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated May 31, 2024.
\6\ See Memorandum, ``Decision Memorandum for the Final Results
of the Administrative Review of the Antidumping Duty Order: Utility
Scale Wind Towers from Malaysia; 2021-2022,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order <SUP>7</SUP>
---------------------------------------------------------------------------
\7\ See Utility Scale Wind Towers from India and Malaysia:
Antidumping Duty Orders, 86 FR 69014 (December 6, 2021) (Order).
---------------------------------------------------------------------------
The products covered by 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 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. For a
full description of the scope, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised and to which we responded in the Issues and Decision Memorandum
is attached as an appendix to this notice. 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties, we made certain changes to the margin calculation
for these final results. For a detailed discussion of these changes,
see the Issues and Decision Memorandum.
Final Results of Review
Commerce determines that the following weighted-average dumping
margin exists for the period October 13, 2021, through November 30,
2022:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
CS Wind Corporation/CS Wind Malaysia Sdn Bhd............... 18.02
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose under administrative protective order
(APO) to interested parties the calculations performed in connection
with the final results within five days of the date of publication of
the notice of final results in the Federal Register, in accordance with
19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review. Because CS Wind's weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.5 percent),
Commerce has calculated importer-specific antidumping duty assessment
rates based on the ratio of the total amount of dumping calculated for
the examined sales to the total entered value of the sales. Where the
importer's weighted-average assessment rate is either zero or de
minimis (i.e., less than 0.5 percent), we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
For entries of subject merchandise during the POR produced by CS Wind
for which it did not know its merchandise was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\8\
---------------------------------------------------------------------------
\8\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
We intend to instruct CBP to take into account the ``provisional
measures deposit cap,'' in accordance with 19 CFR 351.212(d). 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
[[Page 56736]]
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 for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for CS Wind will be
equal to the weighted-average dumping margin established in the final
results of this administrative review; (2) for merchandise exported by
a company not covered in this administrative review but covered in a
prior completed 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; (3) if the exporter is
not a firm covered in this review, a prior review, or the original LTFV
investigation, but the producer is, the cash deposit rate will be the
rate established for the most recently completed segment of this
proceeding for the producer of the subject merchandise; and (4) the
cash deposit rate for all other producers and 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.\9\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\9\ See Order at 69015.
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5)
and 19 CFR 351.213(h)(1).
Dated: July 2, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: CS Wind's Shutdown Cost Adjustment
Comment 2: Constructed Value (CV) Profit and Selling Expenses
VI. Recommendation
[FR Doc. 2024-15102 Filed 7-9-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on July 10, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.