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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, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), with respect to 12 companies. Commerce selected CS Wind for individual examination. On April 17, 2024, Commerce extended the deadline for the preliminary results of this administrative review until August 30, 2024. On July 22, 2024, Commerce tolled certain deadlines in this administrative review by seven days. The deadline for these preliminary results is now September 6, 2024.
See Utility Scale Wind Towers from Malaysia: Countervailing Duty Order,86 FR 41950 (August 4, 2021) ( Order).
See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 71829 (October 18, 2023).
See Memorandum “Respondent Selection,” dated November 28, 2023.
See Memorandum, “Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review,” dated April 17, 2024.
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. 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.
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.
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. For a full description of the methodology underlying these preliminary results, see the Preliminary Decision Memorandum.
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:
| Producer/exporter | Subsidy rate (percent ad valorem) |
|---|---|
| CS Wind Malaysia Sdn. Bhd | 2.24 |