Utility Scale Wind Towers From the Republic of Korea: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2023-2024
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Issuing agencies
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, 2023, through July 31, 2024. Additionally, Commerce is rescinding this administrative review, in part, with respect to certain companies that had no entries of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results.
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<title>Federal Register, Volume 91 Issue 15 (Friday, January 23, 2026)</title>
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[Federal Register Volume 91, Number 15 (Friday, January 23, 2026)]
[Notices]
[Pages 2907-2909]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01280]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-902]
Utility Scale Wind Towers From the Republic of Korea: Preliminary
Results and Rescission, in Part, of Antidumping Duty Administrative
Review; 2023-2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: 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, 2023, through July 31,
2024. Additionally, Commerce is rescinding this administrative review,
in part, with respect to certain companies that had no entries of
subject merchandise during the POR. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable January 23, 2026.
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
On August 26, 2020, Commerce published in the Federal Register the
antidumping duty order on wind towers from Korea.\1\ On September 20,
2024, based on timely requests for review, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an administrative review of the Order
covering nine producers/exporters of the subject merchandise.\2\
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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, 52547 (August 26, 2020)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 77079 (September 20, 2024).
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On December 9, 2024, Commerce tolled certain deadlines in this
administrative proceeding by 90 days.\3\ On July 17, 2025, we extended
the deadline for issuing the preliminary results of this review by 75
days,\4\ and on September 24, 2025, we extended this deadline by an
additional 16 days, until October 31, 2025.\5\ Additionally, due to the
lapse in appropriations and Federal Government shutdown, on November
14, 2025, Commerce tolled all deadlines in administrative proceedings
by 47 days.\6\ Additionally, due to a backlog of documents that were
electronically filed via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS)
during the Federal Government shutdown, on November 24, 2025, Commerce
tolled all deadlines in administrative proceedings by an additional 21
days.\7\ On December 31, 2025, we extended the deadline for these
preliminary results.\8\ Accordingly, the deadline for these preliminary
results is now January 16, 2026.
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\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated July 17,
2025.
\5\ See Memorandum, ``Second Extension of Deadline for
Preliminary Results of 2023-2024 Antidumping Duty Administrative
Review,'' dated September 24, 2025.
\6\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\7\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\8\ See Memorandum, ``Third Extension of Deadline for
Preliminary Results of 2023-2024 Antidumping Duty Administrative
Review,'' dated December 31, 2025.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\9\
The Preliminary Decision Memorandum is a public document and is on file
electronically via 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 at
Appendix I of this notice.
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\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Utility Scale Wind Towers from the Republic of Korea; 2023-
2024,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order is wind towers from Korea. For
a full description of the scope of the Order, see the Preliminary
Decision Memorandum.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review 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 antidumping duty assessment rate
calculated for the review period.\11\ Therefore, for an administrative
review to be conducted, there must be a suspended entry that Commerce
can instruct U.S. Customs and Border Protection (CBP) to liquidate at
the antidumping duty assessment rate calculated for the POR.\12\
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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
4157 (January 24, 2023).
\11\ See 19 CFR 351.212(b)(1).
\12\ See 19 CFR 351.213(d)(3).
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On December 30, 2024, we notified all interested parties of our
intent to rescind this review, in part, with respect to the eight
companies listed in Appendix II because there were no suspended entries
of subject merchandise produced or exported by these companies during
the POR and we invited interested parties to comment.\13\ We received
no comments on the Intent to Rescind Memorandum. Accordingly, Commerce
is rescinding this review with respect to the companies listed in
Appendix II, in accordance with 19 CFR 351.213(d)(3).
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\13\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated December 30, 2024 (Intent to Rescind Memorandum).
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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
[[Page 2908]]
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
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, 2023, through July 31, 2024:
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Weighted-average
Producer/exporter dumping margin
(percent)
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Dongkuk S&C Co., Ltd................................ 4.99
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to not later than 21 days after the
date of the publication of this notice.\14\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than five days
after the date for filing case briefs.\15\ Interested parties who
submit case or rebuttal briefs in this proceeding must submit: (1) a
table of contents listing each issue; and (2) a table of
authorities.\16\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety in ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
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\14\ See 19 CFR 351.309.
\15\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\16\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs.\17\ Further, we request that interested parties limit their
public executive summary of each issue to no more than 450 words, not
including citations. We intend to use the public executive summaries as
the basis of the comment summaries included in the issues and decision
memorandum that will accompany the final determination in this review.
We request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\18\
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\17\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\18\ See APO and Service Final Rule.
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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, by 5 p.m. Eastern time, within 30 days after the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants and
whether any participant is a foreign national; 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 will inform interested parties of the scheduled date for
the hearing.\19\
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\19\ See 19 CFR 351.310(d).
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All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed via ACCESS.\20\ An electronically
filed document must be received successfully in its entirety in ACCESS
by 5:00 p.m. Eastern Time on the established deadline. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\21\
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\20\ See 19 CFR 351.303.
\21\ See APO and Service Final Rule, 88 FR at 67069.
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Assessment Rates
Upon issuing the final results, Commerce shall determine, and CBP
shall assess, antidumping duties on all appropriate entries. Pursuant
to 19 CFR 351.212(b)(1), because Dongkuk S&C Co., Ltd. (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 listed in Appendix II for which we are rescinding
the review, we will instruct CBP to assess antidumping duties on all
appropriate entries at rates equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends
to issue these rescission instructions to CBP no earlier than 35 days
after the date of publication of this notice in the Federal Register.
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 regarding Dongkuk 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
[[Page 2909]]
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 less-than-fair-value (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.\22\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\22\ See Order, 85 FR at 52547.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, no later than 120
days after the date of publication of this notice in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1), unless otherwise extended.
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: January 16, 2026.
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 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
Companies for Which Commerce Is Rescinding the Review
1. CS Wind Corporation.
2. Enercon Korea Inc.
3. Hyosung Heavy Industries
4. Nordex SE
5. Siemens Gamesa Renewable Energy Limited
6. Unison Co., Ltd.
7. Vestas Korea Wind Technology Ltd.
8. Win&P., Ltd.
[FR Doc. 2026-01280 Filed 1-22-26; 8:45 am]
BILLING CODE 3510-DS-P
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