89 FR 3 pgs. 461-463 - Utility Scale Wind Towers From Malaysia: Preliminary Results of Antidumping Duty Administrative Review, 2021-2022
Type: NOTICEVolume: 89Number: 3Pages: 461 - 463
Pages: 461, 462, 463Docket number: [A-557-821]
FR document: [FR Doc. 2023-28997 Filed 1-3-24; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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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
[top] 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
Footnotes:
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).
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
Footnotes:
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).
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
Footnotes:
7 ? See Preliminary Decision Memorandum at "Scope of the Order."
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:
| Exporter or producer | Estimated weighted- average dumping margin (percent) |
|---|---|
| CS Wind Corporation/CS Wind Malaysia Sdn Bhd | 25.92 |
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
Footnotes:
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).
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
Footnotes:
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.
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
[top] 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
Footnotes:
16 ? See 19 CFR 351.212(b)(1).
17 ? See section 751(a)(2)(C) of the Act.
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
Footnotes:
18 ?For a full description of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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.
Footnotes:
19 ? See Order, 86 FR at 69015.
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