Notice2023-19333
Utility Scale Wind Towers From Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 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 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that utility scale wind towers (wind towers) from Indonesia were sold at less than normal value during the period of review (POR) August 1, 2021, through July 31, 2022. We invite interested parties to comment on these preliminary results of review.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 172 (Thursday, September 7, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Pages 61523-61525]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19333]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-833]
Utility Scale Wind Towers From Indonesia: Preliminary Results of
Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that utility scale wind towers (wind towers) from Indonesia were sold
at less than normal value during the period of review (POR) August 1,
2021, through July 31, 2022. We invite interested parties to comment on
these preliminary results of review.
DATES: Applicable September 7, 2023.
FOR FURTHER INFORMATION CONTACT: Amaris Wade, 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) 482-6334; email: <a href="/cdn-cgi/l/email-protection#8feee2eefde6fca1f8eeebeacffbfdeeebeaa1e8e0f9"><span class="__cf_email__" data-cfemail="46272b27342f35683127222306323427222368212930">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On August 26, 2020, Commerce published in the Federal Register the
antidumping duty (AD) order on wind towers from Indonesia.\1\ On August
2, 2022, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the Order.\2\ On
October 11, 2022, based on timely requests for review, in accordance
with 19 CFR 351.221(c)(1)(i), we initiated an AD administrative review
of P.T. Kenertec Power System (Kenertec), GE Indonesia, GE Renewable
Energy, General Electric Indonesia, Korindo Wind, Nordex SE, PT.
Siemens Gamesa Renewable Energy, and Siemens Gamesa Renewable
Energy.\3\ On October 25, 2022, Commerce issued the AD questionnaire to
Kenertec.\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 (August 26, 2020) (Order), as
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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 47187 (August 2,
2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 61278 (October 11, 2022).
\4\ See Commerce's Letter, ``Request for Information,'' dated
October 25, 2022.
---------------------------------------------------------------------------
On April 21, 2023, Commerce extended the preliminary results of
this review until August 31, 2023.\5\ For a complete description of the
events that followed the initiation of this review, see the Preliminary
Decision Memorandum.\6\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated
April 21, 2023.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022:
Utility Scale Wind Towers from Indonesia,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are utility scale wind towers
from Indonesia.\7\
---------------------------------------------------------------------------
\7\ For a complete description of the scope of the Order, see
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with sections
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 these
preliminary results, 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>.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate 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 market
economy investigation, for guidance when calculating the rate for
companies that 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 an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero or de
minimis margins, and any margins determined entirely on the basis of
facts available.
In this review, the following seven companies were not selected for
individual examination: GE Indonesia; GE Renewable Energy; General
Electric Indonesia; Korindo Wind; Nordex SE; PT. Siemens Gamesa
Renewable Energy; and Siemens Gamesa Renewable Energy. Because we have
preliminarily calculated a weighted-average dumping margin for a single
respondent, Kenertec, which is not zero, de minimis, or determined
entirely based on facts available, in accordance with section
[[Page 61524]]
735(c)(5)(A) of the Act, we assigned the weighted-average dumping
margin we calculated for Kenertec in this administrative review to the
companies not selected for individual examination.
Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period August 1, 2021, through
July 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
P.T. Kenertec Power System.............................. 3.06
GE Indonesia............................................ 3.06
GE Renewable Energy..................................... 3.06
General Electric Indonesia.............................. 3.06
Korindo Wind............................................ 3.06
Nordex SE............................................... 3.06
PT. Siemens Gamesa Renewable Energy..................... 3.06
Siemens Gamesa Renewable Energy......................... 3.06
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed to
interested parties within five days after public announcement, or if
there is no public announcement, within five days of the publication
date, of the preliminary results.\8\ Interested parties may submit case
briefs 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 deadline for
filing case briefs.\10\ Interested 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\ Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\12\
---------------------------------------------------------------------------
\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 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.\13\ 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. Issues raised in the hearing will be
limited to those raised in the respective case briefs. If a request for
a hearing is made, Commerce intends to hold the hearing at a time and
date to be determined. An electronically filed hearing request must be
received successfully in its entirety by Commerce's electronic records
system, ACCESS by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice.
---------------------------------------------------------------------------
\13\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Assessment Rates
Upon completion of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries.\14\ If the
weighted average dumping margin for Kenertec is not zero or de minimis
(i.e., less than 0.5 percent) in the final results of this review, we
intend to 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).\15\
If the weighted-average dumping margin or an importer-specific
assessment rate is zero or de minimis in the final results of review,
we intend to instruct CBP to liquidate entries without regard to
antidumping duties.\16\ The final results of this administrative 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.\17\
---------------------------------------------------------------------------
\14\ See 19 CFR 351.212(b).
\15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101 (February 14, 2012).
\16\ Id. 77 FR at 8102; see also 19 CFR 351.106(c)(2).
\17\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
For entries of subject merchandise during the POR produced by
Kenertec for which it did not know that the merchandise it sold was
destined for the United States, 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.\18\
---------------------------------------------------------------------------
\18\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
For the companies that were not selected for individual
examination, we will instruct CBP to liquidate entries at the rate
established after the completion of the final results of review.
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 cash deposit requirements will be effective upon
publication in the Federal Register of the notice of final results of
administrative review for all shipments of wind towers from Indonesia
entered, or withdrawn from warehouse, for consumption on or after the
date of publication as provided by section 751(a)(2)(C) of the Act: (1)
the cash deposit rate for the respondents listed above will be equal to
the weighted- average dumping margin 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 merchandise
exported by a company not covered in this review but covered in a prior
segment of the proceeding, the cash deposit rate will continue to be
the company-specific cash deposit rate published in the completed
segment for the most recent period; (3) if the exporter is not a firm
covered in this review, or a previous segment, but the producer is,
then the cash deposit rate will be the rate established in the
completed segment for the most recent period for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 8.50 percent, the all-others rate
established in the less-than-fair-value investigation.\19\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\19\ See Order.
---------------------------------------------------------------------------
Final Results of Review
Unless the deadline is otherwise extended, Commerce intends to
issue the final results of this administrative review, including the
results of its analysis of issues raised by interested parties in the
written comments, within 120 days of publication of these preliminary
results in the Federal Register, pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(1).
[[Page 61525]]
Notification to Importers
This notice serves as a preliminary 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 to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: August 31, 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. Currency Conversion
VI. Recommendation
[FR Doc. 2023-19333 Filed 9-6-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 7, 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.