Utility Scale Wind Towers From Malaysia: Preliminary Results of Antidumping Duty Administrative Review, 2021-2022, 461-463 [2023-28997]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 3 (Thursday, January 4, 2024)]
[Notices]
[Pages 461-463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28997]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-821]


Utility Scale Wind Towers From Malaysia: Preliminary 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) preliminarily 
determines that the sole producer or exporter subject to this 
administrative review made sales of subject merchandise at below normal 
value (NV). The period of review (POR) is October 13, 2021, through 
November 30, 2022. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable January 4, 2024.

FOR FURTHER INFORMATION CONTACT: Nicolas Mayora, 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) 482-3053.

SUPPLEMENTARY INFORMATION:

Background

    On December 6, 2021, Commerce published in the Federal Register the 
antidumping duty order on utility scale wind towers (wind towers) from 
Malaysia.\1\ On December 1, 2022, we published in the Federal Register 
a notice of opportunity to request an administrative review of the 
Order.\2\ On February 2, 2023, based on timely requests for an 
administrative review, in accordance with 19 CFR 351.221(c)(1)(i), 
Commerce initiated the administrative review covering one company,\3\ 
CS Wind Malaysia Sdn Bhd

[[Page 462]]

and its parent company, CS Wind Corporation, (collectively, CS 
Wind).\4\
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    \1\ See Utility Scale Wind Towers from India and Malaysia: 
Antidumping Duty Orders, 86 FR 69014 (December 6, 2021) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 73752 (December 
1, 2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 7060 (February 2, 2023).
    \4\ In the less-than-fair-value (LTFV) investigation of scale 
wind towers from Malaysia, Commerce determined that CS Wind Malaysia 
Sdn Bhd and CS Wind Corporation are a single entity. See Utility 
Scale Wind Towers from Malaysia: Preliminary Determination of Sales 
at Not Less Than Fair Value and Postponement of Final Determination, 
86 FR 27828 (May 24, 2021), unchanged in Utility Scale Wind Towers 
from Malaysia: Final Affirmative Determination of Sales at Less Than 
Fair Value, 86 FR 56894 (October 13, 2021).
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    On August 17, 2023, Commerce extended the time limit for completing 
the preliminary results of this review until December 28, 2023.\5\ For 
a complete description of the events between the initiation of this 
review and these preliminary results, see the Preliminary Decision 
Memorandum.\6\
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    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review; 2019-2021,'' 
dated August 17, 2023.
    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Utility 
Scale Wind Towers from Malaysia; 2021-2022,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Order

    The merchandise covered by the scope of this Order are wind towers 
from Malaysia. Merchandise covered by this order is currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under subheading 7308.20.0020 or 8502.31.0000. Wind towers of 
iron or steel are classified under HTSUS 7308.20.0020 when imported 
separately as a tower or tower section(s). Wind towers may be 
classified under HTSUS 8502.31.0000 when imported as combination goods 
with a wind turbine (i.e., accompanying nacelles or rotor blades). 
While the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this order is 
dispositive.
    A complete description of the scope of the Order is contained in 
the Preliminary Decision Memorandum.\7\
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    \7\ See Preliminary Decision Memorandum at ``Scope of the 
Order.''
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). We calculated 
export prices in accordance with sections 772(a) of the Act. We 
calculated NV in accordance with section 773(e) of the Act. For a full 
description of the methodology underlying these preliminary results, 
see the Preliminary Decision Memorandum. See the appendix for a 
complete list of topics discussed in the Preliminary Decision 
Memorandum.
    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.

Preliminary Results of the Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist during the period October 13, 2021, 
through November 30, 2022:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
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CS Wind Corporation/CS Wind Malaysia Sdn Bhd................       25.92
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Verification

    Commerce received a timely request from the Wind Tower Trade 
Coalition (the petitioner) to verify the information submitted in this 
administrative review, pursuant to 19 CFR 307(b)(1)(iv).\8\ Commerce 
does not intend to verify the information submitted by the mandatory 
respondent in the course of this administrative review because we 
conducted a verification of CS Wind in the underlying investigation.\9\
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    \8\ See Petitioner's Letter, ``Request for Verification,'' dated 
May 15, 2023.
    \9\ See Utility Scale Wind Towers from Malaysia: Final 
Affirmative Determination of Sales at Less Than Fair Value, 86 FR 
56894 (October 13, 2021).
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Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results.\10\ 
Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than 30 days after the date of publication 
of this notice.\11\ 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.\12\ Interested parties who 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.\13\ 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 
brief 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.\14\ Further, we request that interested 
parties limit their executive summary of each issue to no more than 450 
words, not including citations. We intend to use the 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 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).\15\
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    \10\ See 19 CFR 351.224(b).
    \11\ See 19 CFR 351.309(c)(1)(ii).
    \12\ 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).
    \13\ See 19 351.309(c)(2) and (d)(2).
    \14\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \15\ See APO and Service Procedures.
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    Pursuant to 19 CFR 351.310(c), 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. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants and if any participant 
is a foreign national; and (3) a list of the issues to be discussed. 
Issues raised in the hearing will be limited to those raised in the 
respective case briefs. An electronically filed hearing request must be 
received successfully in its entirety by Commerce's electronic records 
system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of 
publication of this notice.

Assessment Rates

    Upon issuance of the final results of this administrative review, 
Commerce shall determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries covered by 
this review.\16\ If a respondent's weighted-average dumping margin is 
not zero or de minimis (i.e., less than 0.5 percent) in the final 
results of this review, we will calculate importer-specific ad valorem 
antidumping duty assessment rates

[[Page 463]]

based on the ratio of the total amount of dumping calculated for the 
importer's examined sales to the total entered value of those same 
sales in accordance with 19 CFR 351.212(b)(1). We intend to instruct 
CBP to assess antidumping duties on all appropriate entries covered by 
this review when the importer-specific assessment rate calculated in 
the final results of this review is not zero or de minimis. Where an 
importer-specific assessment rate is zero or de minimis in the final 
results of this review, we intend to instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties in accordance 
with 19 CFR 351.106(c)(2). The final results of this review shall be 
the basis for the assessment of antidumping duties on entries of 
merchandise covered by this review and for future deposits of estimated 
duties, where applicable.\17\
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    \16\ See 19 CFR 351.212(b)(1).
    \17\ See section 751(a)(2)(C) of the Act.
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by CS Wind 
for which it did not know that the merchandise was destined for the 
United States, we will instruct CBP to liquidate those entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction.\18\
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    \18\ For a full description of this practice, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003).
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    We intend to issue instructions to CBP no earlier than 35 days 
after the publication date 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

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of the notice of final results of 
this administrative review for all shipments of the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, as provided by section 751(a)(2)(C) of the Act: 
(1) the cash deposit rate for the company listed in the final results 
of this review will be equal to the weighted-average dumping margin 
established in the final results of this administrative review, except 
if the rate is less than 0.50 percent and, therefore, de minimis within 
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit 
rate will be zero; (2) for merchandise exported by producers or 
exporters not covered in this review but covered in a prior segment of 
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this 
proceeding in which they were reviewed; (3) 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, adjusted for the 
export-subsidy rate in the companion countervailing duty 
investigation.\19\ The cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \19\ See Order, 86 FR at 69015.
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during the POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

    Commerce is 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: December 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Multinational Corporation Allegation
IV. Scope of the Order
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2023-28997 Filed 1-3-24; 8:45 am]
BILLING CODE 3510-DS-P