Notice2023-19121
Utility Scale Wind Towers From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021-2022
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, 2023
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) August 1, 2021, through July 31, 2022. We also preliminarily determine that two companies had no shipments. Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 171 (Wednesday, September 6, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Notices]
[Pages 60929-60932]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19121]
-----------------------------------------------------------------------
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 Preliminary
Determination of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
[[Page 60930]]
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) August 1, 2021, through July 31,
2022. We also preliminarily determine that two companies had no
shipments. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable September 6, 2023.
FOR FURTHER INFORMATION CONTACT: Adam Simons, AD/CVD Operations, Office
IX, 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 11, 2022, 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 \1\ on wind towers from Korea.\2\
This review covers 15 producers/exporters of the subject merchandise.
In April 2023, we extended the deadline for issuing the preliminary
results of this review to no later than August 31, 2023.\3\ For a
complete description of the events that followed the initiation of this
review, see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\1\ See Utility Scale Wind Towers from Canada, Indonesia, the
Republic of Korea, and the Socialist Republic of Vietnam:
Antidumping Duty Orders, 85 FR 52546, 52547 (August 26, 2020)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 61278 (October 11, 2022).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 6,
2023.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 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).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is wind towers.\5\ 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.
---------------------------------------------------------------------------
\5\ For a complete description of the scope of the Order, see
Preliminary Decision Memorandum at 2-3.
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
On October 28 and November 10, 2022, respectively, we received
letters from Hyosung Heavy Industries Corporation (Hyosung) and CS Wind
Corporation (CS Wind), timely notifying Commerce that they had no
exports, sales, or entries of subject merchandise during the POR.\6\
Based on their certifications and our analysis of U.S. Customs and
Border Protection (CBP) information, we preliminarily determine that CS
Wind and Hyosung had no shipments during the POR. Consistent with our
practice, we are not rescinding the review with respect to CS Wind and
Hyosung. Instead, we will complete the review and issue appropriate
instructions to CBP based on the final results of this review.\7\
---------------------------------------------------------------------------
\6\ See Hyosung's Letter, ``No Shipment Letter,'' dated October
28, 2022; see also CS Wind's Letter, ``Notice of No Sales,'' dated
November 10, 2022.
\7\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306
(August 28, 2014); and Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
---------------------------------------------------------------------------
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 in
Appendix I of this notice.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following estimated weighted-average dumping margin for the period
August 1, 2021, through July 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Dongkuk S&C Co., Ltd.................................... 1.95
Companies Not Selected for Individual Review............ 1.95
------------------------------------------------------------------------
Rate for Companies Not Selected for Individual Examination
The Act and Commerce's regulations do not address the establishment
of a weighted-average dumping margin to be applied to companies not
selected for individual examination when Commerce limits its
examination in an administrative review pursuant to section 777A(c)(2)
of the Act. Generally, Commerce looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in a
less-than-fair-value (LTFV) investigation, for guidance when
calculating the weighted-average dumping margin for companies which
were not selected for individual examination in an administrative
review. Under section 735(c)(5)(A) of the Act, the all-others rate is
normally equal to the weighted average of the estimated weighted-
average dumping margins established for exporters and producers
individually examined, excluding rates that are zero, de minimis (i.e.,
less than 0.5 percent), or determined entirely on the basis of facts
available.
For these preliminary results, we have preliminary assigned a
dumping margin to these companies based on the rate calculated for
Dongkuk S&C Co., Ltd. (Dongkuk). The companies not selected for
individual review are listed in Appendix II.
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 in the Federal
Register.\8\ 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.\9\ Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no later than seven days after
the time limit
[[Page 60931]]
for filing case briefs.\10\ 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.\11\ Case and rebuttal briefs should be
filed using ACCESS.\12\ 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.\13\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(c).
\10\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ See 19 CFR 351.303.
\13\ 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).
---------------------------------------------------------------------------
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.\14\
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.\15\
---------------------------------------------------------------------------
\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
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.\16\
---------------------------------------------------------------------------
\16\ See section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
---------------------------------------------------------------------------
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), because
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 those 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 rate is zero
or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
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.
For the companies which were not selected for individual
examination, we intend to assign an antidumping duty assessment rate
equal to the dumping margin calculated in the final results of this
review for Dongkuk. Further, if we continue to find in the final
results that CS Wind and Hyosung had no shipments of subject
merchandise during the POR, we will instruct CBP to liquidate any
suspended entries that entered under their antidumping duty case
numbers (i.e., at that exporter's rate) at the all-others rate if there
is no rate for the intermediate company(ies) involved in the
transaction.
In accordance with section 751(a)(2)(C) of the Act, 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 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 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 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.\17\ These deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\17\ See Order, 85 FR at 52547.
---------------------------------------------------------------------------
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.
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, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
Appendix II--Review-Specific Rate Applicable to Companies Not Selected
for Individual Review
1. CS Wind China Co., Ltd.
2. CS Wind Malaysia Sdn. Bhd.
3. CS Wind Taiwan Ltd.
4. CS Wind Turkey Kule Imalati A.S.
5. CS Wind UK Limited
6. CS Wind Vietnam Co., Ltd.
7. Enercon Korea Inc.
8. GE Renewable Energy
[[Page 60932]]
9. Nordex SE
10. Siemens Gamesa Renewable Energy Limited
11. Vestas Korea
12. Vestas Korea Wind Technology Ltd.
[FR Doc. 2023-19121 Filed 9-5-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on September 6, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.