[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54478-54480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19192]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-833]


Utility Scale Wind Towers From Indonesia: Preliminary Results of 
Antidumping Duty Administrative Review; 2020-2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that the sole producer/exporter subject to this 
administrative review, PT. Kenertec Power System (Kenertec), made sales 
of subject merchandise at less than normal value during the period of 
review (POR). The POR is February 14, 2020, through July 31, 2021. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable September 6, 2022.

FOR FURTHER INFORMATION CONTACT: Benjamin A. Luberda, 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) 482-2185.

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 utility scale wind towers (wind 
towers) from Indonesia.\1\ This review covers one producer/exporter of 
the subject merchandise, PT. Kenertec Power System (Kenertec).\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 55811 (October 7, 2021).
    \2\ Id. at 55813.
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    On April 19, 2022, Commerce extended the deadline for the 
preliminary results of this administrative review until August 31, 
2022.\3\
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    \3\ See Memorandum, ``Extension of Time Limit for Preliminary 
Results of 2020-2021 Antidumping Duty Administrative Review,'' dated 
April 19, 2022.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\
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    \4\ 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 Indonesia,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order 5
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    \5\ 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).
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    The merchandise subject to the Order is certain wind towers, 
whether or not tapered, and sections thereof. Merchandise covered by 
the Order is currently classified in the Harmonized Tariff Schedule of 
the United States (HTSUS) under subheading 7308.20.0020 or 
8502.31.0000. Wind towers of iron or steel are classified under HTSUS 
subheading 7308.20.0020 when imported separately as a tower or tower 
section(s). Wind towers may be classified under HTSUS subheading 
8502.31.0000 when imported as combination goods with a wind turbine 
(i.e., accompanying nacelles and/or rotor blades). While the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope of the Order is dispositive.\6\
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    \6\ 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)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Constructed export price is calculated in accordance with section 772 
of the Act. Normal value 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. A list of the 
topics discussed in the Preliminary Decision Memorandum is attached as 
an appendix to this notice. 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.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margin exists for the period 
February 14, 2020, through July 31, 2021:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                         dumping
                                                              margin
                                                             (percent)
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PT. Kenertec Power System...............................            2.01
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Verification

    On January 18, 2022, Commerce received a timely request from the 
Wind Tower Trade Coalition (the petitioner) to verify the information 
submitted by Kenertec in the course of this

[[Page 54479]]

administrative review, pursuant to 19 CFR 351.307(b)(1)(iv). As 
detailed in the Preliminary Decision Memorandum, Commerce does not 
intend to verify the information submitted by Kenertec in the course of 
this administrative review.

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.\7\ Pursuant to 
19 CFR 351.309(c), interested parties may submit case briefs no later 
than 30 days after the date of publication of this notice. 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\
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    \7\ See 19 CFR 351.224(b).
    \8\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
    \10\ See 19 CFR 351.303.
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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, U.S. Department of Commerce, 
filed electronically via ACCESS, within 30 days after publication of 
this notice.\11\ 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, Commerce intends to hold the hearing at a date and 
time to be determined.\12\ Parties should confirm by telephone the date 
and time of the hearing two days before the scheduled date.
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    \11\ See 19 CFR 351.310(c).
    \12\ See 19 CFR 351.310(d).
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    All submissions to Commerce should be filed using ACCESS \13\ and 
must be served on interested parties.\14\ An electronically filed 
document must be received successfully in its entirety by ACCESS by 
5:00 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.\15\
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    \13\ See 19 CFR 351.303.
    \14\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect).'').
    \15\ See Temporary Rule.
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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 publication date of this 
notice, unless otherwise extended.\16\
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    \16\ See section 751(a)(3)(A) of the Act.
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Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries.\17\ If the weighted 
average dumping margin for Kenertec is not zero or de minimis (i.e., 
less than 0.5 percent), we will calculate importer-specific ad valorem 
antidumping duty assessment rates based on the ratio of the total 
amount of dumping calculated for each importer's examined sales to the 
total entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).\18\ Where the respondent did not report entered value, 
we will calculate the entered value in order to calculate the 
assessment rate. If the weighted-average dumping margin for Kennetec is 
zero or de minimis in the final results, or an importer-specific 
assessment rate is zero or de minimis in the final results, we will 
instruct CBP to liquidate such entries without regard to antidumping 
duties.
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    \17\ See 19 CFR 351.212(b).
    \18\ In these preliminary results, Commerce applied the 
assessment rate calculation adopted in Antidumping Proceedings: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 
8101 (February 14, 2012) (Final Modification for Reviews).
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    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by Kennetec for which it 
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 a full discussion of this 
matter, see Assessment Policy Notice.\19\
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    \19\ For a full discussion of this 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 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).

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 Kennetec 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; and (2) for previously reviewed or investigated companies 
not participating in this review, the cash deposit rate will continue 
to be the company-specific rate published for the most recently-
completed segment of this proceeding in which the company was reviewed 
or investigated; (3) if the exporter is not a firm covered in this 
review or previous segment, but the producer is, then the cash deposit 
rate will be the 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 8.53 
percent, the all-others rate established in the less-than-fair-value 
investigation.\20\
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    \20\ See Order.
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    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice 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

[[Page 54480]]

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: August 30, 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. Verification
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2022-19192 Filed 9-2-22; 8:45 am]
BILLING CODE 3510-DS-P