Utility Scale Wind Towers From Malaysia: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review, 2021, 61516-61517 [2023-19207]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Pages 61516-61517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19207]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-557-822]


Utility Scale Wind Towers From Malaysia: Preliminary Results and 
Partial Rescission of Countervailing Duty Administrative Review, 2021

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), March 25, 2021, through 
December 31, 2021. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable September 7, 2023.

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 11, 2022, Commerce initiated an administrative review of 
the countervailing duty order on wind towers from Malaysia,\1\ in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act),\2\ with respect to 11 companies. Commerce selected CS Wind 
for individual examination.\3\ On April 19, 2023, Commerce extended the 
deadline for the preliminary results of this administrative review 
until August 31, 2023.\4\
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    \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, 87 FR 61278 (October 11, 2022).
    \3\ See Memorandum ``Respondent Selection,'' dated November 15, 
2022.
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review,'' dated April 
19, 2023.
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    For details regarding the events that followed the initiation of 
the review, see the Preliminary Decision Memorandum.\5\ 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.
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    \5\ 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).
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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.

Rescission of Administrative Review, in Part

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
data, we determined 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; GE Renewable Energy; GE Renewable

[[Page 61517]]

Malaysia Sdn. Bhd; Nordex SE; and Siemens Gamesa Renewable Energy.\6\ 
On November 28, 2022, we notified parties that we intended to rescind 
this administrative review with respect to these companies because 
there are no reviewable suspended entries. No parties commented on the 
notification of intent to rescind the review, in part. Therefore, in 
accordance with 19 CFR 351.213(d)(3), Commerce is rescinding this 
review with respect to these companies.
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    \6\ See Memorandum, ``Notice of Intent to Rescind Review, In 
Part,'' dated November 28, 2022.
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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.\7\ For a 
full description of the methodology underlying these preliminary 
results, see the Preliminary Decision Memorandum.
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    \7\ 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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Preliminary Results of Review

    We preliminarily find the following net countervailable subsidy 
rate exists for the period March 25, 2021, through December 31, 2021:

------------------------------------------------------------------------
                                                           Subsidy rate
                   Producer/exporter                       (percent ad
                                                             valorem)
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CS Wind Malaysia Sdn. Bhd..............................           10.96
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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.\8\ Pursuant to 19 CFR 351.309(c), 
interested parties may submit case briefs at a date to be determined. 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed no later than seven days after the date for filing case 
briefs.\9\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) a statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\10\ Case and rebuttal briefs should be filed using ACCESS 
\11\ and must be served on interested parties.\12\ Executive summaries 
should be limited to five pages total, including footnotes. Note that 
Commerce has modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\13\
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    \8\ See 19 CFR 351.224(b).
    \9\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
    \11\ See generally 19 CFR 351.303.
    \12\ See 19 CFR 351.303(f).
    \13\ See Temporary Rule.
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    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.\14\ 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.
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    \14\ See 19 CFR 351.310(c).
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Assessment Rates

    Pursuant to section 751(a)(1) of the Act, Commerce shall determine, 
and CBP shall assess, countervailing duties on all appropriate entries 
of subject merchandise covered by this review.\15\ For the companies 
for which this review is rescinded, we intend to issue appropriate 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of this notice in the Federal Register.
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    \15\ See 19 CFR 351.212(b)(1).
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    For CS Wind, Commerce will instruct CBP to assess countervailing 
duties on all appropriate entries at the subsidy rates calculated in 
the final results of this review. 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, 
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, 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 351.213 and 19 
CFR 351.221(b)(4).

    Dated: August 30, 2023.
Lisa W. Wang,
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. Partial Rescission of Administrative Review
V. Scope of the Order
VI. Subsidies Valuation Information
VII. Use of Facts Otherwise Available
VIII. Analysis of Programs
IX. Recommendation

[FR Doc. 2023-19207 Filed 9-6-23; 8:45 am]
BILLING CODE 3510-DS-P