Notice2025-13551
Utility Scale Wind Towers From Malaysia: Amended Final Results 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
July 18, 2025
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 countervailing duty (CVD) order on utility scale wind towers from Malaysia to correct a ministerial error. The period of review (POR) is January 1, 2022, through December 31, 2022.
Full Text
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<title>Federal Register, Volume 90 Issue 136 (Friday, July 18, 2025)</title>
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[Federal Register Volume 90, Number 136 (Friday, July 18, 2025)]
[Notices]
[Page 33921]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13551]
[[Page 33921]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-557-822]
Utility Scale Wind Towers From Malaysia: Amended Final Results of
Countervailing Duty Administrative Review; 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 countervailing duty
(CVD) order on utility scale wind towers from Malaysia to correct a
ministerial error. The period of review (POR) is January 1, 2022,
through December 31, 2022.
DATES: Applicable July 18, 2025.
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 June 16, 2025, Commerce published in the Federal Register the
final results of the administrative review of the CVD order on utility
scale wind towers from Malaysia.\1\ In accordance with section
751(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.224(b), Commerce disclosed its calculations and provided interested
parties with the opportunity to submit ministerial error comments.\2\
On June 17, 2025, CS Wind Corporation and CS Wind Malaysia Sdn Bhd
(collectively, CS Wind) filed a timely ministerial error allegation
concerning the application of the exchange rate in the calculation of a
benefit under the import duty exemption program.\3\
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\1\ See Utility Scale Wind Towers from Malaysia: Final Results
and Partial Rescission of Countervailing Duty Administrative Review;
2022, 90 FR 25230 (June 16, 2025) (Final Results), and accompanying
Issues and Decision Memorandum.
\2\ See Memorandum, ``Deadline for Ministerial Error Comments,''
dated June 13, 2025.
\3\ See CS Wind's Letter, ``CS Wind's Ministerial Error
Allegation,'' dated June 17, 2025 (Ministerial Error Allegation).
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Legal Framework
Section 751(h) of the Act defines a ``ministerial error'' 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 the administering authority considers ministerial.'' With respect
to final results of administrative reviews, 19 CFR 351.224(e) provides
that Commerce ``will analyze any comments received and, if appropriate
. . . correct any ministerial error by amending . . . the final results
of review.''
Ministerial Error
Commerce has determined that the error alleged by CS Wind
constitutes a ministerial error within the meaning of section 751(h) of
the Act and 19 CFR 351.224(f).\4\ Specifically, we find that we made an
inadvertent error in the application of the exchange rate in the
benefit calculation for the import duty exemption program. Pursuant to
19 CFR 351.224(e), Commerce is amending the Final Results to reflect
the correction of the ministerial error. The revised net subsidy rate
is provided below.
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\4\ See Memorandum, ``Analysis of Ministerial Error
Allegation,'' dated concurrently with, and hereby adopted by, this
notice (Ministerial Error Memorandum).
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For a detailed discussion of the aforementioned ministerial error
allegation, as well as Commerce's analysis of CS Wind's comments, see
the Ministerial Error Memorandum.\5\
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\5\ Id.
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Amended Final Results of Review
As a result of the correction of the ministerial error, we
determine that the countervailable subsidy rate for CS Wind is as
follows:
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Subsidy rate
Producer/exporter (percent ad
valorem)
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CS Wind Malaysia Sdn. Bhd.............................. 1.95
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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)(2), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries of subject merchandise in accordance with the amended final
results of this review for the above-listed company at the applicable
ad valorem assessment rate. We intend 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 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
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amount shown for CS Wind 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. The cash deposit requirement, effective upon
publication of the final results of this review, shall remain in effect
until further notice.
Administrative Protective Order (APO)
This notice serves as a final reminder to parties subject to an APO
of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(h) and 777(i) of the Act, and 19 CFR 351.224(e).
Dated: July 15, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2025-13551 Filed 7-17-25; 8:45 am]
BILLING CODE 3510-DS-P
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