[Federal Register Volume 89, Number 156 (Tuesday, August 13, 2024)]
[Notices]
[Pages 65848-65849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 https://access.trade.gov.
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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:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Exporter or producer                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
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]
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