Malaysia wind towers CVD: first sunset finals
Expedited first sunset. Likely rates for the ITC, not new cash deposits. ITC injury half still separate.
Commerce finds that revocation of the countervailing duty order on utility scale wind towers from Malaysia would be likely to lead to continuation or recurrence of countervailable subsidies at the levels in the final results of this expedited first sunset review (C-557-822). The notice was placed on public inspection October 29, 2026 at 8:45 a.m. and is scheduled for publication October 30, 2026 (FR Doc. 2026-22245). Dated October 28, 2026, Scot Fullerton. Contact: Connor Field, 202-482-3997.
Malaysia wind towers CVD sunset: Commerce finds likely subsidies at 6.43% for CS Wind Malaysia and all others. Likely-to-prevail rates for the ITC, not new cash deposits.
What Commerce decided (and what it is not)
Under sections 751(c) and 752(b), Commerce determines likelihood of continuation or recurrence of countervailable subsidies and the net subsidy rates likely to prevail if the order were revoked. The 6.43% figures for CS Wind Malaysia Sdn Bhd and all others are those likely-to-prevail rates reported to the ITC. They are not new cash deposit rates. This notice does not change deposits; deposit rates stay as required at entry unless and until a separate continuation, revocation, or review notice changes them.
Sunset has two halves. Commerce decides subsidization; the ITC separately decides likelihood of injury. The order continues only if the ITC also makes an affirmative determination. This article does not predict the ITC outcome or invent ITC dates.
Order: 86 FR 41950 (Aug 4, 2021) · sunset initiated Jul 2, 2026 (91 FR 40515)
Domestic intent Jul 17 · substantive response Aug 3 · no GOM/respondent substantive response · ITC notified Aug 24 · expedited 120-day review
Likely net subsidy rates if revoked: CS Wind Malaysia Sdn Bhd 6.43% · all others 6.43% · not new cash deposits
Expedited path
- Order: CVD order published August 4, 2021 (86 FR 41950).
- Initiation: July 2, 2026 (91 FR 40515).
- Domestic participation: notice of intent July 17, 2026 claiming status under sections 771(9)(C) and (F); adequate substantive response August 3, 2026.
- No respondent substantive response: neither the Government of Malaysia nor any respondent interested party filed a substantive response. Commerce notified the ITC August 24, 2026 and conducted an expedited (120-day) review under section 751(c)(3)(B) and 19 CFR 351.218(e)(1)(ii)(B)(2) and (C)(2).
- Issues and Decision Memorandum: on file via ACCESS.
Countervailing duties are not drawback-eligible (19 U.S.C. 1677h). Ordinary customs duties on the same entries can still qualify when merchandise is exported or destroyed (or used to manufacture exported goods) and the claim otherwise qualifies. See AD/CVD drawback exclusion and how to file a duty drawback claim.
Action items
- Keep CVD deposits in landed cost for utility scale wind towers from Malaysia; do not treat 6.43% as a new deposit rate.
- Watch the ITC sunset determination and any later Commerce continuation or revocation notice. This notice is Commerce's half only.
- Read the Issues and Decision Memorandum on ACCESS if you need the full subsidization analysis.
- FR Doc. 2026-22245 (C-557-822): expedited first sunset final results on Malaysia utility scale wind towers CVD. Public inspection Oct 29; scheduled publication Oct 30, 2026.
- Commerce: revocation would likely lead to countervailable subsidies at 6.43% for CS Wind Malaysia Sdn Bhd and 6.43% for all others. Those are likely-to-prevail rates for the ITC, not new cash deposits.
- Order from Aug 4, 2021 (86 FR 41950). Expedited after no GOM or respondent substantive response. ITC still decides injury separately.
- CVD not drawback-eligible; ordinary duties on the same entries may still qualify.
- Utility Scale Wind Towers from Malaysia: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order (FR Doc. 2026-22245; C-557-822) · U.S. Department of Commerce, International Trade Administration
- Utility Scale Wind Towers from Malaysia: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order (public inspection PDF) · Federal Register Public Inspection
- Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) · U.S. Department of Commerce, International Trade Administration
This article is for general information and is not legal or tax advice. Drawback eligibility depends on your specific facts, and final refunds are determined by CBP at liquidation. Consult a licensed customs broker or attorney for your situation.