Notice2024-18010
Utility Scale Wind Towers From Malaysia: Amended 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
August 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty (AD) order on utility scale wind towers (wind towers) from Malaysia to correct a ministerial error. The period of review (POR) is October 13, 2021, through November 30, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 156 (Tuesday, August 13, 2024)</title>
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[Federal Register Volume 89, Number 156 (Tuesday, August 13, 2024)]
[Notices]
[Pages 65848-65849]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18010]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-821]
Utility Scale Wind Towers From Malaysia: Amended 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) is amending the
final results of the administrative review of the antidumping duty (AD)
order on utility scale wind towers (wind towers) from Malaysia to
correct a ministerial error. The period of review (POR) is October 13,
2021, through November 30, 2022.
DATES: Applicable August 13, 2024.
FOR FURTHER INFORMATION CONTACT: Rachel Jennings, 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) 482-1110.
SUPPLEMENTARY INFORMATION:
Background
On July 2, 2024, Commerce published in the Federal Register the
final results of the 2021-2022 administrative review of the AD order on
wind towers from Malaysia.\1\ On July 3, 2024, Commerce disclosed its
calculations to interested parties.\2\ On July 8, 2024, CS Wind
Corporation and CS Wind Malaysia Sdn Bhd (collectively, CS Wind), a
mandatory respondent in this review, timely alleged that Commerce made
a ministerial error in the Final Results. Specifically, CS Wind alleged
that Commerce failed to convert the company's shutdown costs from
Malaysian ringgit to South Korean won when calculating the revised cost
of goods sold denominator used in the calculation of CS Wind's revised
financial expense rate (i.e., INTEX rate).\3\ No other party submitted
a ministerial error allegation or rebutted CS Wind's ministerial error
allegation.
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\1\ See Utility Scale Wind Towers from Malaysia: Final Results
of Antidumping Duty Administrative Review; 2021-2022, 89 FR 56735
(July 10, 2024) (Final Results).
\2\ See Memorandum, ``Cost of Production and Constructed Value
Calculation Adjustments for the Final Results--CS Wind Malaysia,''
dated July 2, 2024.
\3\ See CS Wind's Letter, ``Ministerial Error Allegation,''
dated July 8, 2024 (Ministerial Error Allegation)
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Legal Framework
Pursuant to section 751(h) of the Act, Commerce has established
procedures for the correction of a ministerial error in the final
results of an administrative review after the final results are issued.
A ``ministerial error'' is defined as including ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which {Commerce{time} considers ministerial.''
\4\ An allegation concerning a methodological decision by Commerce is
not considered ministerial in nature because it does not satisfy the
regulatory definition of that term.\5\
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\4\ See section 751(h) of the Act; see also 19 CFR 351.224(f).
\5\ See, e.g., Alloy Piping Prods. v. United States, 20 1 F.
Supp. 2d 1267, 1285 (CIT 2002) (``The error in question must be
demonstrated to be a clerical error, not a methodological error, an
error in judgment. or a substantive error''); see also section
751(h) of the Act, and 19 CFR 351.224(f).
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Commerce's regulations stipulate that Commerce will disclose
calculations performed, if any, in connection with the final results of
an administrative review to parties in the proceeding, and that those
parties may submit comments concerning any ministerial error in such
calculations within five days of disclosure.\6\ Comments submitted by
parties ``must explain the alleged ministerial error by reference to
applicable evidence in the official record, and must present what, in
the party's view, is the appropriate correction.'' \7\ Pursuant to 19
CFR 351.224(e),\8\ Commerce will analyze any comments received and, if
appropriate, correct any ministerial error by amending the final
results.
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\6\ See 19 CFR 351.224(b) and (c)(l).
\7\ See 19 CFR 351.224(d).
\8\ See section 751(h) of the Act (``{Commerce{time} shall
establish procedures for the correction of ministerial errors . . .
within a reasonable time after {{time} determinations are
issued'').
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Ministerial Error
In the Final Results, Commerce made an inadvertent error within the
meaning of section 751(h) of the Act and 19 CFR 351.224(f) by not
converting CS Wind's shutdown costs from Malaysian ringgit to Korean
won in calculating the revised cost of goods sold denominator used in
the calculation of CS Wind's consolidated financial expense rate (i.e.,
CS Wind's INTEX rate). Correcting for this error results in a change to
CS Wind's weighted-average dumping margin from 18.02 percent calculated
in the Final Results \9\ to 17.97 percent.\10\
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\9\ See Final Results, 89 FR 56735.
\10\ See Memorandum, ``Analysis Memorandum for the Amended Final
Results of Review,'' dated concurrently with, memorandum; see also
Memorandum, ``Cost of Production and Constructed Value Calculation
Adjustments for the Amended Final Results--CS Wind Malaysia,'' dated
concurrently with this memorandum.
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For a complete description and analysis of the specific ministerial
error, and CS Wind's ministerial error allegation, see the accompanying
Ministerial Error Allegation Memorandum.\11\ The Ministerial Error
[[Page 65849]]
Allegation 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>.
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\11\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Utility Scale Wind Towers from Malaysia, 2021-2022:
Allegation of Ministerial Error in the Final Results,'' dated
concurrently with this notice (Ministerial Error Allegation
Memorandum).
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Amended Final Results of Review
As a result of correcting the ministerial error described above, we
determine that the following estimated weighted-average dumping margin
exists for the period October 13, 2021, through November 30, 2022:
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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CS Wind Corporation/CS Wind Malaysia Sdn Bhd............... 17.97
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these amended final results of review to interested
parties within five days after public announcement of the amended final
results or, if there is no public announcement, within five days of the
date of publication of the notice of amended final results in the
Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with these amended final
results of review.
Pursuant to 19 CFR 351.212(b)(1), for CS Wind, we calculated
importer-specific ad valorem assessment rates based on the ratio of the
total amount of dumping calculated for the examined sales for each
importer to the total entered value of the sales for each importer.
Where an importer-specific assessment rate is zero or de minimis,
within the meaning of 19 CFR 351.106(c)(1), Commerce 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 that its merchandise was destined for
the United States, we will instruct CBP to liquidate such entries at
the all-others rate established in the less-than-fair-value (LTFV)
investigation of 0.00 percent ad valorem,\12\ if there is no rate for
the intermediate company(ies) involved in the transaction.
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\12\ See Utility Scale Wind Towers from India and Malaysia:
Antidumping Duty Orders, 86 FR 69014 (December 6, 2021).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the amended 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 amended cash deposit requirements will be effective
retroactively upon publication of the amended final results of this
administrative review in the Federal Register, for all shipments of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after July 10, 2024, the publication date of the
Final Results, as provided by section 751(a)(2)(C) of the Act: (1) the
amended cash deposit rate for subject merchandise exported by CS Wind
will be equal to the weighted-average dumping margin established in
these amended final results of this review; (2) for merchandise
exported by companies not covered in this review but covered in a prior
segment of this proceeding, the cash deposit rate will continue to be
the company-specific rate published in the completed segment for the
most recent period; (3) if the exporter is not a firm covered in this
review, a prior review, or the original LTFV investigation, but the
producer is, then the cash deposit rate will be the rate established in
the completed segment for the most recent period for the producer of
the merchandise; and (4) 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.\13\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\13\ Id.
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Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping 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 duties occurred and the subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
an administrative protective order (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 violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).
Dated: August 7, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2024-18010 Filed 8-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 13, 2024.
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