[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74867-74869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20757]


=======================================================================
-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \7\ See Preliminary Decision Memorandum at section ``Preliminary 
Intent to Rescind Administrative Review, in Part.''
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

Preliminary Results of Review

    We preliminarily find the following net countervailable subsidy 
rate exists for the period January 1, 2022, through December 31, 2022:

------------------------------------------------------------------------
                                                 Subsidy rate  (percent
               Producer/exporter                       ad valorem)
------------------------------------------------------------------------
CS Wind Malaysia Sdn. Bhd.....................                     2.24
------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

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

[[Page 74869]]

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