Notice2023-04902
Utility Scale Wind Towers From Indonesia: Final 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
March 10, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that PT. Kenertec Power System made sales of subject merchandise at less than normal value during the period of review (POR), February 14, 2020, through July 31, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 47 (Friday, March 10, 2023)</title>
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[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Notices]
[Pages 14982-14983]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04902]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-833]
Utility Scale Wind Towers From Indonesia: Final Results of
Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that PT.
Kenertec Power System made sales of subject merchandise at less than
normal value during the period of review (POR), February 14, 2020,
through July 31, 2021.
DATES: Applicable March 10, 2023.
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
This review covers a single producer and exporter of the subject
merchandise, PT. Kenertec Power System (Kenertec). Commerce conducted
this administrative review in accordance with section 751 of the Tariff
Act of 1930, as amended (the Act). On September 6, 2022, Commerce
published the Preliminary Results.\1\ On December 16, 2022, we
postponed the final results until March 3, 2023.\2\ A summary of the
events that occurred since Commerce published the Preliminary Results,
as well as a full discussion of the issues raised by interested parties
in case briefs for these final results, may be found in the Issues and
Decision Memorandum.\3\ The Issues and 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="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\1\ See Utility Scale Wind Towers from Indonesia: Preliminary
Results of Antidumping Duty Administrative Review; 2020-2021, 87 FR
54478 (September 6, 2022) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Utility Scale Wind Towers from Indonesia:
Extension of Deadline for Final Results of 2020-2021 Antidumping
Duty Administrative Review,'' dated December 16, 2022.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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 (Issues and Decision Memorandum).
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Scope of the Order <SUP>4</SUP>
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\4\ 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, from Indonesia.
Merchandise covered by these orders 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 7308.20.0020 when imported separately as a
tower or tower section(s). Wind towers may be classified under HTSUS
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 these orders is dispositive.\5\
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\5\ For a complete description of the scope of the Order, see
the Issues and Decision Memorandum at 2-3.
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Analysis of Comments Received
All issues raised in case and rebuttal briefs by interested parties
to this administrative review are addressed in the Issues and Decision
Memorandum. For a list of issues raised by parties, see the appendix to
this notice.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, we made certain
changes to the preliminary weighted-average dumping margin calculated
for Kenertec.\6\
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\6\ See accompanying Issues and Decision Memorandum.
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Final Results of the Review
We have calculated the following weighted-average dumping margin
for Kenertec for the period February 14, 2020, through July 31, 2021:
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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PT. Kenertec Power System.................................. 2.03
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Disclosure
We intend to disclose the calculations performed within five days
of the date of publication of this notice to the interested parties in
this proceeding, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
Pursuant to 19 CFR 351.212(b)(1), where Kenertec 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. 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 assessment rate is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties. 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.\7\
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\7\ See section 751(a)(2)(C) of the Act.
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Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by Kenertec for which
Kenertec 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
such entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction.\8\
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\8\ 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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We intend 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
[[Page 14983]]
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 cash 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 Kenertec will be
will be 2.03 percent; (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, a previous review, or the LTFV investigation, 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 subject
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 8.53 percent, the all-others rate from
the original investigation.\9\
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\9\ See Utility Scale Wind Towers from Indonesia: Final
Determination of Sales at Less Than Fair Value and Final Negative
Determination of Critical Circumstances, 85 FR 40231, 40232 (July 6,
2020).
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of the return or destruction of APO
materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).
Dated: March 3, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Margin Calculations
V. Discussion of the Issues
Comment 1: Purchases of Marine Insurance from an Affiliated
Party
Comment 2: Constructed Value (CV) Profit and Selling Expenses
Comment 3: Rejection of Certain CV Profit Information
Comment 4: Kenertec's Control Numbers to Account for Different
Theoretical Weights for the Same Product
Comment 5: Domestic Brokerage and Handling Adjustment to
Kenertec's U.S. Gross Unit Price
Comment 6: Appropriate U.S. Quantity Variable for the Margin
Calculations
Comment 7: Treatment of Reimbursement for Certain Movement
Expenses
Comment 8: Whether Commerce Should Treat Certain Expenses as
Movement Expenses
Comment 9: Basis for Kenertec's U.S. and Home Market Warranty
Expense
VI. Recommendation
[FR Doc. 2023-04902 Filed 3-9-23; 8:45 am]
BILLING CODE 3510-DS-P
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