Notice2024-03742
Utility Scale Wind Towers From Spain: Rescission of Antidumping Duty Administrative Review; 2022-2023
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
February 23, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty (AD) order on utility scale wind towers (wind towers) from Spain for the period of review (POR) August 1, 2022, through July 31, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 37 (Friday, February 23, 2024)</title>
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[Federal Register Volume 89, Number 37 (Friday, February 23, 2024)]
[Notices]
[Pages 13692-13693]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03742]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-823]
Utility Scale Wind Towers From Spain: Rescission of Antidumping
Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the
administrative review of the antidumping duty (AD) order on utility
scale wind towers (wind towers) from Spain for the period of review
(POR) August 1, 2022, through July 31, 2023.
DATES: Applicable February 23, 2024.
FOR FURTHER INFORMATION CONTACT: Christopher Maciuba, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0413.
SUPPLEMENTARY INFORMATION:
Background
On August 26, 2020, Commerce published in the Federal Register the
AD order on wind towers from Spain.\1\ On August 2, 2023, Commerce
published in the Federal Register a notice of opportunity to request an
administrative review of the AD order on wind towers from Spain.\2\ On
August 31, 2022, the Wind Tower Trade Coalition (the petitioner)
submitted a timely request that Commerce conduct an administrative
review.\3\
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\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),
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, 88 FR 50840 (August 2,
2023).
\3\ See Petitioner's Letter, ``Request for Administrative
Review,'' dated August 31, 2023.
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On October 18, 2023, Commerce published in the Federal Register a
notice of initiation of administrative review with respect to imports
of wind towers from Spain in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act) and 19 CFR
351.221(c)(1)(i).\4\ This review covers subject merchandise exported
and/or produced by Acciona Energia, Acciona Windpower S.A., Industrial
Barranquesa, S.A., Gamesa Energy Transmission S.A., GE Renewable
Energy, GRI Renewable Industries S.L., Haizea Wind Group, Iberdrola,
S.A., Iberdrola Renovables Energia S.A., Nordex SE, Nordex Energy Spain
S.A., Siemens Gamesa Renewable Energy Inc., Vestas Eolica S.A.U.,
Vestas Eolica, S.A., Vestas Manufacturing Spain S.L.U., Vestas Control
Systems Spain S.L.U., Vestas Wind Systems A/S, and Windar Renovables,
S.A.\5\ On October 24, 2023, we placed on the record U.S. Customs and
Border Protection (CBP) data for entries of wind towers from Spain
during the POR, showing no reviewable POR entries and invited
interested parties to comment.\6\
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\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829 (October 18, 2023).
\5\ Id., 88 FR at 71832.
\6\ See Memorandum, ``Release of Customs and Border Protection
Data Query,'' dated October 24, 2023.
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On October 31, 2023, the petitioner filed comments with respect to
the CBP data.\7\ On November 17, 2023, Acciona Generaci[oacute]n
Renovable, S.A. (formerly Acciona Energia, S.A.) (Acciona) submitted a
no-shipment certification, indicating that it had no exports or sales
of subject merchandise to the United States during the POR.\8\
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\7\ See Petitioner's Letter, ``Comments on CBP Data and
Respondent Selection'' dated October 31, 2023.
\8\ See Acciona's Letter, ``No Shipment Certification,'' dated
November 17, 2023.
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On December 7, 2023, Commerce notified all interested parties of
its intent to rescind the instant review because there were no
reviewable, suspended entries of subject merchandise by any of the
companies subject to this review during the POR and invited interested
parties to comment.\9\ We did not receive any comments.
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\9\ See Memorandum, ``Notice of Intent to Rescind Review,''
dated December 7, 2023.
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Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an AD order when there are no
reviewable entries of subject merchandise during the POR for which
liquidation is suspended.\10\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the AD
assessment rate calculated for the review period.\11\ Therefore, for an
administrative review to be conducted, there must be a reviewable,
suspended entry that Commerce can instruct CBP to liquidate at the AD
assessment rate calculated for the review period.\12\ As noted above,
there were no entries of subject merchandise for the companies subject
to this review during the POR. Accordingly, in the absence of suspended
entries of subject merchandise during the POR, we are hereby rescinding
this administrative review, in its entirety, in accordance with 19 CFR
351.213(d)(3).
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\10\ See, e.g., Dioctyl Terephthalate from the Republic of
Korea: Rescission of Antidumping Administrative Review; 2021-2022,
88 FR 24758 (April 24, 2023); see also Certain Carbon and Alloy
Steel Cut-to-Length Plate from the Federal Republic of Germany:
Recission of Antidumping Administrative Review; 2020-2021, 88 FR
4154 (January 24, 2023).
\11\ See 19 CFR 351.212(b)(1).
\12\ See 19 CFR 351.213(d)(3).
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Assessment
Commerce will instruct CBP to assess antidumping duties on all
appropriate entries. 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, in
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of this rescission notice in the Federal Register.
[[Page 13693]]
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). 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 terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: February 16, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2024-03742 Filed 2-22-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 23, 2024.
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