• Effective Date: Mar 11, 2024
  • Period of Review: Mar 25, 2021 to Dec 31, 2021
  • Cite as: 89 FR 17404 • Cite date: Mar 11, 2024
1. Notice of the lifting of suspension of liquidation of entries of utility scale wind towers from Malaysia (subject merchandise) covered by paragraphs 2a and 2c occurred on 03/11/2024 with the publication of the final results of administrative review (89 FR 17404). 2. Liquidation: Below are liquidation instructions for the companies covered by this administrative review. 2a. Liquidation of entries made during the provisional measures cap period: The assessment of countervailing duties on entries made during the provisional measures period in the investigation cannot exceed the amount of cash deposit in effect at the time of entry. Accordingly, if a cash deposit was collected as security for an estimated countervailing duty for any shipment of utility scale wind towers from Malaysia (subject merchandise) that was entered, or withdrawn from warehouse, for consumption during the period 03/25/2021 (first date of suspension of liquidation) through 07/22/2021 (the last day provisional measures were in effect), assess countervailing duties equal to the lesser of: (a) the amount resulting from the application of the liquidation rates listed in paragraph 2c or (b) the amount of the cash deposit. 2b. Liquidation of entries made during the GAP period. Entries for the period 07/23/2021 through 07/29/2021, should be liquidated via message 1235401, dated 08/23/2021. 2c. Liquidation of entries made during the definitive measures period. For all shipments of subject merchandise produced and/or exported by the firm listed below and entered, or withdrawn from warehouse, for consumption during the period 07/30/2021 through 12/31/2021, assess a countervailing liability equal to the percent of the entered value identified below. Producer and/or Exporter: CS Wind Malaysia Sdn Bhd Case Number: C-557-822-001 Final rate: 10.72 % 2d. A summons was filed in the U.S. Court of International Trade (Court) to contest the final results of the underlying administrative review. Accordingly, unless instructed otherwise, CBP should not liquidate entries covered by paragraphs 2a and 2c that were produced and/or exported by CS Wind Malaysia Sdn Bhd until 95 days after the notice of lifting of suspension identified in this message, to ensure the entries are not liquidated prior to the expiration of the time parties have to file a request for a statutory injunction. Instructions will be issued if the Court issues a statutory injunction. 3. Unless instructed otherwise, suspension of liquidation should continue for shipments of subject merchandise not covered by this liquidation message. 4. There are no injunctions applicable to the entries covered by this instruction. 5. The assessment of countervailing duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended. Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated countervailing duties. The interest provisions are not applicable to cash posted as estimated countervailing duties before the date of publication of the countervailing duty order. Interest shall be calculated from the date of payment of estimated countervailing duties through the date of liquidation. The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period. 6. This instruction to liquidate entries covered by this message does not limit CBP's independent authority, including its authority to suspend, continue to suspend, or extend liquidation of entries addressed by this message. Accordingly, CBP should examine all entries for which this message directs liquidation to determine whether any such entries are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's independent authority (e.g., Enforce and Protect Act under section 517 of the Tariff Act of 1930, as amended). If entries of subject merchandise covered by this message are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's own authority, CBP port officials should follow CBP's internal procedures with respect to continuing any suspension, the lifting of suspension, and/or continuing any extension of liquidation for such entries. 7. If there are any questions by the public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OV:KH.) 8. There are no restrictions on the release of this information. Alexander Amdur