[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)
------------------------------------------------------------------------
CS Wind Malaysia Sdn Bhd....................................       10.72
------------------------------------------------------------------------

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