Notice2024-20757
Utility Scale Wind Towers From Malaysia: Preliminary Results and Preliminary Partial Rescission of Countervailing Duty Administrative Review, 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
September 13, 2024
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), January 1, 2022, through December 31, 2022. We are also preliminarily rescinding the review with respect to 11 producers/exporters. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 178 (Friday, September 13, 2024)</title>
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[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74867-74869]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20757]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-557-822]
Utility Scale Wind Towers From Malaysia: Preliminary Results and
Preliminary Partial Rescission of Countervailing Duty Administrative
Review, 2022
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), January 1, 2022, through
December 31, 2022. We are also preliminarily rescinding the review with
respect to 11 producers/exporters. We invite interested parties to
comment on these preliminary results.
DATES: Applicable September 13, 2024.
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 18, 2023, Commerce initiated an administrative review of
the countervailing duty order on wind towers from Malaysia,\1\ in
accordance
[[Page 74868]]
with section 751(a) of the Tariff Act of 1930, as amended (the Act),\2\
with respect to 12 companies. Commerce selected CS Wind for individual
examination.\3\ On April 17, 2024, Commerce extended the deadline for
the preliminary results of this administrative review until August 30,
2024.\4\ On July 22, 2024, Commerce tolled certain deadlines in this
administrative review by seven days.\5\ The deadline for these
preliminary results is now September 6, 2024.
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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, 88 FR 71829 (October 18, 2023).
\3\ See Memorandum ``Respondent Selection,'' dated November 28,
2023.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated April
17, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For details regarding the events that followed the initiation of
the review, see the Preliminary Decision Memorandum.\6\ 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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\6\ 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.
Preliminary Intent To Rescind Administrative Review, In Part
Based on our analysis of U.S. Customs and Border Protection (CBP)
data, we preliminary determine 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; CS Wind Portugal,
S.A.; GE Renewable Energy; GE Renewable Malaysia Sdn. Bhd; Nordex SE;
and Siemens Gamesa Renewable Energy. Therefore, pursuant to 19 CFR
351.213(d)(3), we intend to rescind the administrative review of these
companies in the final results of review.\7\
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\7\ See Preliminary Decision Memorandum at section ``Preliminary
Intent to Rescind Administrative Review, in Part.''
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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.\8\ For a
full description of the methodology underlying these preliminary
results, see the Preliminary Decision Memorandum.
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\8\ 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 January 1, 2022, through December 31, 2022:
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Subsidy rate (percent
Producer/exporter ad valorem)
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CS Wind Malaysia Sdn. Bhd..................... 2.24
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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.\9\
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\9\ See 19 CFR 351.224(b).
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Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance.\10\ A timeline for
the submission of case briefs and written comments will be notified to
interested parties at a later date. 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.\11\ Interested parties that 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.\12\
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\10\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 for
general filing requirements.
\11\ 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).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
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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 briefs 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.\13\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public 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 public 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).\14\
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\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See APO and Service Procedures.
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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.\15\ 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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\15\ See 19 CFR 351.310(c).
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Assessment Rates
Upon completion of the administrative review, consistent with
section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall
determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review.
For CS Wind, we preliminarily assigned a subsidy rate in the amount
shown above. For the companies for which this review is rescinded in
the final results, we will instruct CBP to assess countervailing duties
on all appropriate entries at a rate equal to the cash deposit of
estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for
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consumption, during the period January 1, 2022, through December 31,
2022.
We intend 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 or companies for which we rescind the review, 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 351.221(b)(4).
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy 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. Preliminary Intent to Rescind Administrative Review, In Part
V. Scope of the Order
VI. Subsidies Valuation Information
VII. Use of Facts Otherwise Available
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2024-20757 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 13, 2024.
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