Notice2026-18923
Utility Scale Wind Towers From the Republic of Korea: Notice of Court Decision Not in Harmony With the Results of 2021-2022 Antidumping Duty Administrative Review; Notice of Amended Final Results
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 16, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On September 4, 2026, the U.S. Court of International Trade (CIT) issued its final judgment in Wind Tower Trade Coalition v. United States, Court no. 24-00070, sustaining the U.S. Department of Commerce (Commerce)'s remand results pertaining to the administrative review of the antidumping duty (AD) order on utility scale wind towers (wind towers) from the Republic of Korea (Korea) covering the period August 1, 2021, through July 31, 2022. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final results of the administrative review, and that Commerce is amending the final results with respect to the dumping margin assigned to Dongkuk S&C Co., Ltd. (Dongkuk).
Full Text
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<title>Federal Register, Volume 91 Issue 178 (Wednesday, September 16, 2026)</title>
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[Federal Register Volume 91, Number 178 (Wednesday, September 16, 2026)]
[Notices]
[Pages 58650-58651]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18923]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-902]
Utility Scale Wind Towers From the Republic of Korea: Notice of
Court Decision Not in Harmony With the Results of 2021-2022 Antidumping
Duty Administrative Review; Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On September 4, 2026, the U.S. Court of International Trade
(CIT) issued its final judgment in Wind Tower Trade Coalition v. United
States, Court no. 24-00070, sustaining the U.S. Department of Commerce
(Commerce)'s remand results pertaining to the administrative review of
the antidumping duty (AD) order on utility scale wind towers (wind
towers) from the Republic of Korea (Korea) covering the period August
1, 2021, through July 31, 2022. Commerce is notifying the public that
the CIT's final judgment is not in harmony with Commerce's final
results of the administrative review, and that Commerce is amending the
final results with respect to the dumping margin assigned to Dongkuk
S&C Co., Ltd. (Dongkuk).
DATES: Applicable September 14, 2026.
FOR FURTHER INFORMATION CONTACT: Ian Riggs, 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) 482-3810.
SUPPLEMENTARY INFORMATION:
Background
On March 7, 2024, Commerce published its Final Results in the 2021-
2022 AD administrative review of wind towers from Korea. Commerce
calculated a weighted-average dumping
[[Page 58651]]
margin for Dongkuk based, in part, on Dongkuk's reported conversion
costs.\1\
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\1\ See Utility Scale Wind Towers from the Republic of Korea:
Final Results of Antidumping Duty Administrative Review; 2021-2022,
89 FR 16544 (March 7, 2024) (Final Results), corrected in Utility
Scale Wind Towers from the Republic of Korea: Final Results of
Antidumping Duty Administrative Review; 2021-2022; Correction, 89 FR
22372 (April 1, 2024) (Corrected Final Results).
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The Wind Tower Trade Coalition (the petitioner) appealed Commerce's
Final Results. On December 2, 2025, the CIT remanded the Final Results
to Commerce for further explanation and, if appropriate,
reconsideration of its treatment of Dongkuk's conversion costs.\2\
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\2\ See Wind Tower Trade Coalition v. United States, Consol.
Court No. 24-00070, Slip Op. 25-148 (CIT December 2, 2025).
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In its final remand redetermination, issued on February 27, 2026,
Commerce reconsidered its decision to accept Dongkuk's reported
conversion costs and recalculated Dongkuk's indirect conversion costs,
while further explaining its basis for accepting Dongkuk's direct
conversion costs.\3\ The CIT sustained Commerce's final
redetermination.\4\
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\3\ See Final Results of Redetermination Pursuant to Court
Remand, Wind Tower Trade Coalition v. United States, Slip Op. 25-148
(CIT December 2, 2025), dated February 27, 2026 (Remand Results),
available at <a href="https://access.trade.gov/FinalRemandRedetermination">https://access.trade.gov/FinalRemandRedetermination</a>.
\4\ See Wind Tower Trade Coalition v. United States, Consol.
Court No. 24-00070, Slip Op. 26-104 (CIT September 4, 2026).
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Timken Notice
In its decision in Timken,\5\ as clarified by Diamond Sawblades,\6\
the U.S. Court of Appeals for the Federal Circuit held that, pursuant
to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice of court decision that is not ``in
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a ``conclusive'' court decision. The CIT's September 4,
2026, judgment constitutes a final decision of the CIT that is not in
harmony with Commerce's Final Results. Thus, this notice is published
in fulfillment of the publication requirements of Timken.
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\5\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\6\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to Dongkuk as follows:
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Amended final results
Final results weighted- weighted-average
Producer/exporter average dumping margin dumping margin
(percent) \7\ (percent) \8\
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Dongkuk S&C Co., Ltd........................................ 1.95 1.90
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Cash Deposit Requirements
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\7\ See Corrected Final Results, 89 FR at 16544.
\8\ See Remand Results at 1.
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Because Dongkuk has a superseding cash deposit rate, i.e., there
have been final results published in a subsequent administrative
review, we will not issue revised cash deposit instructions to U.S.
Customs and Border Protection (CBP). This notice will not affect the
current cash deposit rate.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that: were produced and exported by Dongkuk, and
were entered, or withdrawn from warehouse, for consumption during the
period August 1, 2021, through July 31, 2022. These entries will remain
enjoined pursuant to the terms of the injunction during the pendency of
any appeals process.
In the event the CIT's ruling is not appealed, or, if appealed,
upheld by a final and conclusive court decision, Commerce intends to
instruct CBP to assess antidumping duties on unliquidated entries of
subject merchandise produced and exported by Dongkuk in accordance with
19 CFR 351.212(b). We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific ad valorem assessment rate is not zero or de minimis. Where an
import-specific ad valorem assessment rate is zero or de minimis,\9\ we
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties.
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\9\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: September 10, 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.
[FR Doc. 2026-18923 Filed 9-15-26; 8:45 am]
BILLING CODE 3510-DS-P
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