[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Notices]
[Pages 17404-17405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05114]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-557-822]
Utility Scale Wind Towers From Malaysia: Final Results of
Countervailing Duty Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that CS
Wind Malaysia Sdn Bhd (CS Wind), a producer/exporter of utility scale
wind towers (wind towers) from Malaysia, received countervailable
subsidies during the period of review (POR) March 25, 2021, through
December 31, 2021.
DATES: Applicable March 11, 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 September 7, 2023, Commerce published the Preliminary Results of
this administrative review and invited parties to comment.\1\ On
December 15, 2023, Commerce extended the deadline for the final results
until March 5, 2024.\2\ For a complete description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\3\
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\1\ See Utility Scale Wind Towers from Malaysia: Preliminary
Results and Partial Rescission of Countervailing Duty Administrative
Review, 2019, 88 FR 61516 (September 7, 2023) (Preliminary Results),
and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated December 15,
2023.
\3\ See Memorandum, ``Decision Memorandum for the Final Results
of the Administrative Review of the Countervailing Duty Order on
Utility Scale Wind Towers from Malaysia; 2021,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Scope of the Order
The products covered by this order are wind towers from Malaysia.
For a complete description of the scope of this order, see the Issues
and Decision Memorandum.
Analysis of Comments Received
We addressed all issues raised in interested parties' case/rebuttal
briefs in the Issues and Decision Memorandum accompanying this notice.
A list of the issues raised by parties is provided 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 http://access.trade.gov. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at http://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
After evaluating the comments received from interested parties, we
have made certain changes to CS Wind's subsidy rate calculations. For a
discussion of these changes, see the Issues and Decision Memorandum.
Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we find that there is a
subsidy, i.e., a government-provided financial contribution that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\4\ For a description of the methodology underlying Commerce's
conclusions, see the Issues and Decision Memorandum.
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\4\ 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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Final Results of Administrative Review
We determine that, for the period March 25, 2021, through December
31, 2021, the following net countervailable subsidy rate exists:
------------------------------------------------------------------------
Subsidy
rate
Producer/exporter (percent
ad
valorem)
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CS Wind Malaysia Sdn Bhd.................................... 10.72
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Disclosure
Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C), Commerce will determine, and U.S.
[[Page 17405]]
Customs and Border Protection (CBP) shall assess, countervailing duties
on all appropriate entries of subject merchandise in accordance with
the final results of this review, for the above-listed company at the
applicable ad valorem assessment rate. 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 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
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amount shown for the company listed above. For all non-
reviewed firms, we will instruct CBP to continue to collect cash
deposits of estimated countervailing duties at the most recent company-
specific or all-others rate applicable to the company, as appropriate.
These cash deposits, when imposed, shall remain in effect until further
notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
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). Timely
written notification of the retuSW nen/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.
Notice to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: March 5, 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. Period of Review
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether to Grant CS Wind an Entered Value Adjustment
Comment 2: Whether to Apply Adverse Facts Available as a Result
of CS Wind's Land Reporting
Comment 3: Whether Commerce Should Revise its Land Benchmark
Comment 4: Whether to Initiate on the Petitioner's New Subsidy
Allegations Concerning Natural Gas and Water for Less Than Adequate
Remuneration
Comment 5: Whether CS Wind Received Countervailable Benefits
Under the Import Duties Exemption Program
Comment 6: Whether Commerce Should Revise its Electricity
Benchmark
VIII. Recommendation
[FR Doc. 2024-05114 Filed 3-8-24; 8:45 am]
BILLING CODE 3510-DS-P