[Federal Register Volume 87, Number 170 (Friday, September 2, 2022)]
[Notices]
[Pages 54195-54197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19056]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-902]


Utility Scale Wind Towers From the Republic of Korea: Preliminary 
Results of Antidumping Duty Administrative Review and Partial 
Rescission of Review; 2020-2021

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) February 14, 2020, through July 31, 
2021. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable September 2, 2022.

FOR FURTHER INFORMATION CONTACT: Adam Simons, 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) 482-6172.

SUPPLEMENTARY INFORMATION:

Background

    On October 7, 2021, based on timely requests for review, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative 
review of the antidumping duty order on wind towers from Korea.\1\ This 
review covers one producer/exporter of the subject merchandise, Dongkuk 
S&C Co., Ltd. (Dongkuk). In April 2022, we extended the preliminary 
results of this review to no later than August 31, 2022.\2\ For a 
complete description of the events that followed the initiation of this 
review, see the Preliminary Decision Memorandum.\3\
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    \1\ 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); 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).
    \2\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2020-2021 Antidumping Duty Administrative Review,'' dated 
April 11, 2022.
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2020-2021 Administrative Review of the Antidumping 
Duty Order on Utility Scale Wind Towers from Korea,'' 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.\4\ The product 
is currently classified in the Harmonized Tariff Schedule of the United 
States (HTSUS) under subheading 7308.20.0020 or 8502.31.0000 and may 
also be classified under HTSUS subheading 7308.20.0020 or 8502.31.0000. 
While the HTSUS subheadings are provided for convenience and customs 
purposes, the written product description remains dispositive.
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    \4\ For a complete description of the scope of the order, see 
Preliminary Decision 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 calculated 
in accordance with section 773 of the Act. For a full description of 
the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum. 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 https://access.trade.gov. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of the topics 
discussed in the Preliminary Decision Memorandum is attached as the 
appendix to this notice.

Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party that requested 
the review withdraws its request within 90 days of the publication of 
the notice of initiation. On January 5, 2022, the petitioner timely 
withdrew its request for administrative review of CS Wind Corporation 
(CS Wind); \5\ we received no other requests for review of this 
company. Therefore, Commerce is rescinding this review with respect to 
CS Wind, in accordance with 19 CFR 351.213(d)(1).
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    \5\ See Petitioner's Letter, ``Partial Withdrawal of Request for 
Administrative Review,'' dated January 5, 2022.
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Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margin for

[[Page 54196]]

the period February 14, 2020, through July 31, 2021:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
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Dongkuk S&C Co., Ltd.......................................        2.58
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\6\ Interested 
parties may submit case briefs or other written comments to Commerce no 
later than 30 days after the date of publication of this notice.\7\ 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed no later than seven days after the time limit for filing case 
briefs.\8\ 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.\9\ Case and rebuttal briefs should be filed using 
ACCESS.\10\ An electronically filed document must be received 
successfully in its entirety by ACCESS by 5 p.m. eastern time on the 
established deadline. Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\11\
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    \6\ See 19 CFR 351.224(b).
    \7\ See 19 CFR 351.309(c).
    \8\ Commerce is exercising its discretion, under 19 CFR 
351.309(d)(1), to alter the time limit for filing of rebuttal 
briefs.
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
    \10\ See 19 CFR 351.303.
    \11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements); and Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19; Extension of Effective Period, 85 FR 
41363 (July 10, 2020).
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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 within 30 days after the date of publication of this notice.\12\ 
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. Oral presentations at the hearing will be 
limited to issues raised in the briefs. If a request for a hearing is 
made, parties will be notified of the time and date for the 
hearing.\13\
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    \12\ See 19 CFR 351.310(c).
    \13\ See 19 CFR 351.310(d).
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis raised in any written 
briefs, not later than 120 days after the date of publication of this 
notice, unless otherwise extended.\14\
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    \14\ See section 751(a)(3)(A) of the Act.
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Assessment Rates

    Upon issuing the final results, Commerce shall determine, and U.S. 
Customs and Border Protection (CBP) shall assess, antidumping duties on 
all appropriate entries.
    Pursuant to 19 CFR 351.212(b)(1), where 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 
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 
rate is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties. We intend to 
instruct CBP to take into account the ``provisional measures deposit 
cap,'' in accordance with 19 CFR 351.212(d). 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'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.
    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).
    For CS Wind, the company for which we are rescinding this 
administrative review, 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, 
during the period February 14, 2020, through July 31, 2021, in 
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue 
appropriate assessment instructions directly to CBP no earlier than 35 
days after the date of publication of this notice in the Federal 
Register.

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 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.\15\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \15\ See Order, 85 FR at 52547.
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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.

[[Page 54197]]

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: August 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Discussion of the Methodology
VI. Recommendation

[FR Doc. 2022-19056 Filed 9-1-22; 8:45 am]
BILLING CODE 3510-DS-P