Notice2022-19192
Utility Scale Wind Towers From Indonesia: Preliminary Results of Antidumping Duty Administrative 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 6, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that the sole producer/exporter subject to this administrative review, PT. Kenertec Power System (Kenertec), made sales of subject merchandise at less than normal value during the period of review (POR). The POR is 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 171 (Tuesday, September 6, 2022)</title>
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[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54478-54480]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19192]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-833]
Utility Scale Wind Towers From Indonesia: Preliminary Results of
Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the sole producer/exporter subject to this
administrative review, PT. Kenertec Power System (Kenertec), made sales
of subject merchandise at less than normal value during the period of
review (POR). The POR is February 14, 2020, through July 31, 2021.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable September 6, 2022.
FOR FURTHER INFORMATION CONTACT: Benjamin A. Luberda, 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) 482-2185.
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 utility scale wind towers (wind
towers) from Indonesia.\1\ This review covers one producer/exporter of
the subject merchandise, PT. Kenertec Power System (Kenertec).\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 55811 (October 7, 2021).
\2\ Id. at 55813.
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On April 19, 2022, Commerce extended the deadline for the
preliminary results of this administrative review until August 31,
2022.\3\
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\3\ See Memorandum, ``Extension of Time Limit for Preliminary
Results of 2020-2021 Antidumping Duty Administrative Review,'' dated
April 19, 2022.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
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\4\ 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 Indonesia,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order <SUP>5</SUP>
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\5\ See 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),
corrected in 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).
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The merchandise subject to the Order is certain wind towers,
whether or not tapered, and sections thereof. Merchandise covered by
the 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
subheading 7308.20.0020 when imported separately as a tower or tower
section(s). Wind towers may be classified under HTSUS subheading
8502.31.0000 when imported as combination goods with a wind turbine
(i.e., accompanying nacelles and/or rotor blades). While the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of the Order is dispositive.\6\
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\6\ 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)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Constructed export price is calculated in accordance with section 772
of the Act. Normal value 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. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
an appendix to this notice. 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>.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margin exists for the period
February 14, 2020, through July 31, 2021:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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PT. Kenertec Power System............................... 2.01
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Verification
On January 18, 2022, Commerce received a timely request from the
Wind Tower Trade Coalition (the petitioner) to verify the information
submitted by Kenertec in the course of this
[[Page 54479]]
administrative review, pursuant to 19 CFR 351.307(b)(1)(iv). As
detailed in the Preliminary Decision Memorandum, Commerce does not
intend to verify the information submitted by Kenertec in the course of
this administrative review.
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.\7\ Pursuant to
19 CFR 351.309(c), interested parties may submit case briefs no later
than 30 days after the date of publication of this notice. 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\
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\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ See 19 CFR 351.303.
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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, U.S. Department of Commerce,
filed electronically via ACCESS, within 30 days after publication of
this notice.\11\ 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, Commerce intends to hold the hearing at a date and
time to be determined.\12\ Parties should confirm by telephone the date
and time of the hearing two days before the scheduled date.
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\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310(d).
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All submissions to Commerce should be filed using ACCESS \13\ and
must be served on interested parties.\14\ An electronically filed
document must be received successfully in its entirety by ACCESS by
5:00 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.\15\
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\13\ See 19 CFR 351.303.
\14\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'').
\15\ See Temporary Rule.
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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 publication date of this
notice, unless otherwise extended.\16\
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\16\ See section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries.\17\ If the weighted
average dumping margin for Kenertec is not zero or de minimis (i.e.,
less than 0.5 percent), we will calculate importer-specific ad valorem
antidumping duty assessment rates based on the ratio of the total
amount of dumping calculated for each importer's examined sales to the
total entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\18\ Where the respondent did not report entered value,
we will calculate the entered value in order to calculate the
assessment rate. If the weighted-average dumping margin for Kennetec is
zero or de minimis in the final results, or an importer-specific
assessment rate is zero or de minimis in the final results, we will
instruct CBP to liquidate such entries without regard to antidumping
duties.
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\17\ See 19 CFR 351.212(b).
\18\ In these preliminary results, Commerce applied the
assessment rate calculation adopted in Antidumping Proceedings:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings: Final Modification, 77 FR
8101 (February 14, 2012) (Final Modification for Reviews).
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Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Kennetec for which it
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. For a full discussion of this
matter, see Assessment Policy Notice.\19\
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\19\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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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).
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 Kennetec 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; and (2) for previously reviewed or investigated companies
not participating in this review, the cash deposit rate will continue
to be the company-specific rate published for the most recently-
completed segment of this proceeding in which the company was reviewed
or investigated; (3) if the exporter is not a firm covered in this
review or previous segment, but the producer is, then the cash deposit
rate will be the rate established for the most recently-completed
segment for the producer of the merchandise; and (4) the cash deposit
rate for all other producers or exporters will continue to be 8.53
percent, the all-others rate established in the less-than-fair-value
investigation.\20\
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\20\ See Order.
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These deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice 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
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subsequent assessment of double antidumping duties.
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 30, 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. Verification
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2022-19192 Filed 9-2-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 6, 2022.
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