[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Notices]
[Pages 13428-13430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04435]


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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; 2020-2021

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 sold in the United States at less than normal value during 
the period of review (POR) February 14, 2020, through July 31, 2021.

DATES: Applicable March 3, 2023.

FOR FURTHER INFORMATION CONTACT: Adam Simons or Macey Mayes, AD/CVD 
Operations, Office IX, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue

[[Page 13429]]

NW, Washington, DC 20230; telephone: (202) 482-6172 or (202) 482-4473, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This review covers one producer/exporter of the subject 
merchandise, Dongkuk S&C Co., Ltd. (Dongkuk). On August 29, 2022, 
Commerce published the Preliminary Results and invited interested 
parties to comment.\1\ 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.\2\
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    \1\ See Utility Scale Wind Towers from the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review and 
Partial Rescission of Review; 2020-2021, 87 FR 54195 (September 2, 
2022) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2020-2021 Administrative Review of the 
Antidumping Duty Order on Utility Scale Wind Towers from the 
Republic of Korea,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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Scope of the Order \3\
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    \3\ 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 and may 
also be classified under HTSUS 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.\4\
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    \4\ For a complete description of the scope of the Order, see 
the Preliminary Results PDM.
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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 https://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
changes to the preliminary weighted-average dumping margin for Dongkuk.

Finals Results of Review

    We determine that the following weighted-average dumping margin 
exists for the respondent for 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....................................            2.49
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Disclosure of Calculations

    We intend to disclose the calculations performed for Dongkuk to 
interested parties in this proceeding within five days of the date of 
publication of this notice, in accordance with 19 CFR 351.224(b).

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.\5\
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    \5\ 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).

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.\6\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \6\ See Order, 85 FR at 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

[[Page 13430]]

liquidation of the relevant entries during this review period. Failure 
to comply with this requirement could result in the Secretary's 
presumption that reimbursement of antidumping duties occurred and the 
subsequent assessment of double antidumping duties.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (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: February 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Changes Since the Preliminary Results
IV. Discussion of the Issues
    Comment 1: Whether Commerce Should Revise Its Steel Plate Cost 
Smoothing Adjustment
    Comment 2: Whether Additional Revenues for U.S. Sales Should Be 
Included in the U.S. Price Calculation
    Comment 3: Reallocating Indirect Costs Based on Direct Materials 
Consumed
V. Recommendation

[FR Doc. 2023-04435 Filed 3-2-23; 8:45 am]
BILLING CODE 3510-DS-P