Notice2022-19056
Utility Scale Wind Towers From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Review; 2020-2021
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 2, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that sales of utility scale wind towers (wind towers) from the Republic of Korea (Korea) were made at less than normal value (NV) during the period of review (POR) February 14, 2020, through July 31, 2021. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 170 (Friday, September 2, 2022)</title>
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[Federal Register Volume 87, Number 170 (Friday, September 2, 2022)]
[Notices]
[Pages 54195-54197]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19056]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-902]
Utility Scale Wind Towers From the Republic of Korea: Preliminary
Results of Antidumping Duty Administrative Review and Partial
Rescission of Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that sales of utility scale wind towers (wind towers) from
the Republic of Korea (Korea) were made at less than normal value (NV)
during the period of review (POR) February 14, 2020, through July 31,
2021. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable September 2, 2022.
FOR FURTHER INFORMATION CONTACT: Adam Simons, AD/CVD Operations, Office
II, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-6172.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 2021, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the antidumping duty order on wind towers from Korea.\1\ This
review covers one producer/exporter of the subject merchandise, Dongkuk
S&C Co., Ltd. (Dongkuk). In April 2022, we extended the preliminary
results of this review to no later than August 31, 2022.\2\ For a
complete description of the events that followed the initiation of this
review, see the Preliminary Decision Memorandum.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 55811 (October 7, 2021); see also
Utility Scale Wind Towers from Canada, Indonesia, the Republic of
Korea, and the Socialist Republic of Vietnam: Antidumping Duty
Orders, 85 FR 52546 (August 26, 2020) (Order); and Utility Scale
Wind Towers from Canada, Indonesia, the Republic of Korea, and the
Socialist Republic of Vietnam: Notice of Correction to the
Antidumping Duty Orders, 85 FR 56213 (September 11, 2020)
(correcting the date that the provisional measures period expired).
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2020-2021 Antidumping Duty Administrative Review,'' dated
April 11, 2022.
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2020-2021 Administrative Review of the Antidumping
Duty Order on Utility Scale Wind Towers from Korea,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The merchandise subject to the order is wind towers.\4\ The product
is currently classified in the Harmonized Tariff Schedule of the United
States (HTSUS) under subheading 7308.20.0020 or 8502.31.0000 and may
also be classified under HTSUS subheading 7308.20.0020 or 8502.31.0000.
While the HTSUS subheadings are provided for convenience and customs
purposes, the written product description remains dispositive.
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\4\ For a complete description of the scope of the order, see
Preliminary Decision Memorandum.
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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). Export price is
calculated in accordance with section 772 of the Act. NV is calculated
in accordance with section 773 of the Act. For a full description of
the methodology underlying our conclusions, see the Preliminary
Decision Memorandum. The Preliminary Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>. A list of the topics
discussed in the Preliminary Decision Memorandum is attached as the
appendix to this notice.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party that requested
the review withdraws its request within 90 days of the publication of
the notice of initiation. On January 5, 2022, the petitioner timely
withdrew its request for administrative review of CS Wind Corporation
(CS Wind); \5\ we received no other requests for review of this
company. Therefore, Commerce is rescinding this review with respect to
CS Wind, in accordance with 19 CFR 351.213(d)(1).
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\5\ See Petitioner's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated January 5, 2022.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margin for
[[Page 54196]]
the period February 14, 2020, through July 31, 2021:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Dongkuk S&C Co., Ltd....................................... 2.58
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\6\ Interested
parties may submit case briefs or other written comments to Commerce no
later than 30 days after the date of publication of this notice.\7\
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed no later than seven days after the time limit for filing case
briefs.\8\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) a statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\9\ Case and rebuttal briefs should be filed using
ACCESS.\10\ An electronically filed document must be received
successfully in its entirety by ACCESS by 5 p.m. eastern time on the
established deadline. Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\11\
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\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(c).
\8\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ See 19 CFR 351.303.
\11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements); and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
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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 within 30 days after the date of publication of this notice.\12\
Hearing requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Oral presentations at the hearing will be
limited to issues raised in the briefs. If a request for a hearing is
made, parties will be notified of the time and date for the
hearing.\13\
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\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, not later than 120 days after the date of publication of this
notice, unless otherwise extended.\14\
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\14\ See section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon issuing the final results, Commerce shall determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries.
Pursuant to 19 CFR 351.212(b)(1), where Dongkuk reported the
entered value of its U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
the sales for which entered value was reported. Where either the
respondent's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties. We intend to
instruct CBP to take into account the ``provisional measures deposit
cap,'' in accordance with 19 CFR 351.212(d). The final results of this
review shall be the basis for the assessment of antidumping duties on
entries of merchandise covered by the final results of this review and
for future deposits of estimated duties, where applicable.
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Dongkuk for which
Dongkuk did not know that the merchandise it sold to the intermediary
(e.g., a reseller, trading company, or exporter) was destined for the
United States. In such instances, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication 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).
For CS Wind, the company for which we are rescinding this
administrative review, antidumping duties shall be assessed at rates
equal to the cash deposit of estimated antidumping duties required at
the time of entry, or withdrawal from warehouse, for consumption,
during the period February 14, 2020, through July 31, 2021, in
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue
appropriate assessment instructions directly to CBP no earlier than 35
days after the date of publication of this notice in the Federal
Register.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the company
listed above will be that established in the final results of this
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 previously investigated or
reviewed companies not covered in this review, the cash deposit rate
will continue to be the company-specific cash deposit rate published
for the most recently completed segment of this proceeding in which the
company participated; (3) if the exporter is not a firm covered in this
review, or the less-than-fair-value (LTFV) investigation, but the
manufacturer is, then the cash deposit rate will be the rate
established for the most recent segment for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 5.41 percent, the all-others rate
established in the LTFV investigation.\15\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\15\ See Order, 85 FR at 52547.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. 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.
[[Page 54197]]
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2022-19056 Filed 9-1-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 2, 2022.
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