Notice2025-08164
Utility Scale Wind Towers From the Republic of Korea: Final Results 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
May 9, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that utility scale wind towers (wind towers) from the Republic of Korea (Korea) were not made at less than normal value during the period of review (POR) August 1, 2022, through July 31, 2023.
Full Text
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<title>Federal Register, Volume 90 Issue 89 (Friday, May 9, 2025)</title>
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[Federal Register Volume 90, Number 89 (Friday, May 9, 2025)]
[Notices]
[Pages 19672-19673]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08164]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-902]
Utility Scale Wind Towers From the Republic of Korea: Final
Results 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) determines that
utility scale wind towers (wind towers) from the Republic of Korea
(Korea) were not made at less than normal value during the period of
review (POR) August 1, 2022, through July 31, 2023.
DATES: Applicable May 9, 2025.
FOR FURTHER INFORMATION CONTACT: Anne Entz, 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) 482-3845.
SUPPLEMENTARY INFORMATION:
Background
This review covers one producer/exporter of the subject
merchandise, Dongkuk S&C Co., Ltd. (Dongkuk). On September 13, 2024,
Commerce published the Preliminary Results and invited interested
parties to comment.\1\ On December 9, 2024, Commerce tolled certain
deadlines in this administrative proceeding by 90 days.\2\ On April 3,
2025, Commerce extended the deadline for issuing the final results of
this review until May 2, 2025.\3\
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\1\ See Utility Scale Wind Towers from the Republic of Korea:
Preliminary Results and Rescission of Review, in Part, of
Antidumping Duty Administrative Review; 2022-2023, 89 FR 74880
(September 13, 2024) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
2022-2023 Antidumping Duty Administrative Review,'' dated April 3,
2025.
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For a summary of the events that occurred since the Preliminary
Results, as well as a full discussion of the issues raised by parties
for these final results, see the Issues and Decision Memorandum.\4\
Commerce conducted this administrative review in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).
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\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2022-2023 Administrative Review of the
Antidumping Duty Order on Utility Scale Wind Towers from the
Republic of Korea,'' dated concurrently with, and herby adopted by,
this notice (Issues and Decision Memorandum).
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Scope of the Order 5
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\5\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 55811 (October 7, 2021); see also
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).
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The merchandise subject to the Order is wind towers. The product is
currently classified in the Harmonized Tariff Schedule of the United
States (HTSUS) under subheading 7308.20.0020 or 8502.31.0000. Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written product description remains dispositive.\6\
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\6\ For a complete description of the scope of the Order, see
the Issues and Decision Memorandum.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum and are listed in the appendix to
this notice. 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="https://access.trade.gov">https://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>.
Final Results of Review
We determine that the following weighted-average dumping margin
exists for the period, August 1, 2022, through July 31, 2023:
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Weighted-
average
Producer/Exporter dumping
margin
(percent)
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Dongkuk S&C Co., Ltd.................................... 0.00
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Disclosure
Normally, Commerce discloses to interested parties the calculations
of the final results of an administrative review within five days of a
public announcement or, if there is no public announcement, within five
days of the date of publication of the notice of final results in the
Federal Register, in accordance with 19 CFR 351.224(b). However,
because we made no changes from the Preliminary Results, there are no
new calculations to disclose.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), 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), Dongkuk reported the entered
value of its U.S. sales such that 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 for which entered value was reported. 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.
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Dongkuk for which the
company 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 of 5.41 percent if there is
no rate for the intermediate company(ies) involved in the
transaction.\7\
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\7\ See Order; and 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) (correcting the date that the provisional
measures period expired). For a full discussion of the ``automatic
assessment'' 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 liquidation 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).
[[Page 19673]]
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 the company
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 previously investigated or reviewed companies not listed above,
the cash deposit rate will continue to be the company-specific cash
deposit rate published for the most recently completed segment; (3) if
the exporter is not a firm covered in this review, or the original
less-than-fair-value (LTFV) investigation, but the producer is, then
the cash deposit rate will be the cash deposit 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 5.41 percent, the all-others rate established in the
LTFV investigation.\8\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\8\ See Order, 85 FR 52547.
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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.
Administrative Protective Order (APO)
This notice serves as the only reminder to parties subject to an
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 return/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 these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 2, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Discussion of the Issues
Comment 1: Whether Commerce Should Reconsider its Selected
Constructed Value (CV) Profit and Selling Expense Data
Comment 2: Whether to Adjust Dongkuk's Conversion Costs
Comment 3: Dongkuk's General and Administrative (G&A) Expense
Ratio Calculation
V. Recommendation
[FR Doc. 2025-08164 Filed 5-8-25; 8:45 am]
BILLING CODE 3510-DS-P
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