[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Notices]
[Pages 14982-14983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04902]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-833]


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

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

SUMMARY: The Department of Commerce (Commerce) determines that PT. 
Kenertec Power System made sales of subject merchandise at less than 
normal value during the period of review (POR), February 14, 2020, 
through July 31, 2021.

DATES: Applicable March 10, 2023.

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

    This review covers a single producer and exporter of the subject 
merchandise, PT. Kenertec Power System (Kenertec). Commerce conducted 
this administrative review in accordance with section 751 of the Tariff 
Act of 1930, as amended (the Act). On September 6, 2022, Commerce 
published the Preliminary Results.\1\ On December 16, 2022, we 
postponed the final results until March 3, 2023.\2\ A summary of the 
events that occurred since Commerce published the Preliminary Results, 
as well as a full discussion of the issues raised by interested parties 
in case briefs for these final results, may be found in the Issues and 
Decision Memorandum.\3\ 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 http://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.
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    \1\ See Utility Scale Wind Towers from Indonesia: Preliminary 
Results of Antidumping Duty Administrative Review; 2020-2021, 87 FR 
54478 (September 6, 2022) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Utility Scale Wind Towers from Indonesia: 
Extension of Deadline for Final Results of 2020-2021 Antidumping 
Duty Administrative Review,'' dated December 16, 2022.
    \3\ 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 
Indonesia,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Scope of the Order 4
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    \4\ 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, from Indonesia. 
Merchandise covered by these orders 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 7308.20.0020 when imported separately as a 
tower or tower section(s). Wind towers may be classified under HTSUS 
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 these orders is dispositive.\5\
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    \5\ For a complete description of the scope of the Order, see 
the Issues and Decision Memorandum at 2-3.
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Analysis of Comments Received

    All issues raised in case and rebuttal briefs by interested parties 
to this administrative review are addressed in the Issues and Decision 
Memorandum. For a list of issues raised by parties, see the appendix to 
this notice.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding the Preliminary Results, we made certain 
changes to the preliminary weighted-average dumping margin calculated 
for Kenertec.\6\
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    \6\ See accompanying Issues and Decision Memorandum.
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Final Results of the Review

    We have calculated the following weighted-average dumping margin 
for Kenertec for the period February 14, 2020, through July 31, 2021:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Exporter or producer                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
PT. Kenertec Power System..................................        2.03
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed within five days 
of the date of publication of this notice to the interested parties in 
this proceeding, 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), 
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), where Kenertec 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. 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. 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.\7\
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    \7\ See section 751(a)(2)(C) of the Act.
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    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced by Kenertec for which 
Kenertec 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 
such entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction.\8\
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    \8\ 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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    We intend 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

[[Page 14983]]

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 Kenertec will be 
will be 2.03 percent; (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, a previous review, or the LTFV investigation, 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 subject 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 8.53 percent, the all-others rate from 
the original investigation.\9\
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    \9\ See Utility Scale Wind Towers from Indonesia: Final 
Determination of Sales at Less Than Fair Value and Final Negative 
Determination of Critical Circumstances, 85 FR 40231, 40232 (July 6, 
2020).
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

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 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 Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
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 the return or 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 this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).

    Dated: March 3, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Margin Calculations
V. Discussion of the Issues
    Comment 1: Purchases of Marine Insurance from an Affiliated 
Party
    Comment 2: Constructed Value (CV) Profit and Selling Expenses
    Comment 3: Rejection of Certain CV Profit Information
    Comment 4: Kenertec's Control Numbers to Account for Different 
Theoretical Weights for the Same Product
    Comment 5: Domestic Brokerage and Handling Adjustment to 
Kenertec's U.S. Gross Unit Price
    Comment 6: Appropriate U.S. Quantity Variable for the Margin 
Calculations
    Comment 7: Treatment of Reimbursement for Certain Movement 
Expenses
    Comment 8: Whether Commerce Should Treat Certain Expenses as 
Movement Expenses
    Comment 9: Basis for Kenertec's U.S. and Home Market Warranty 
Expense
VI. Recommendation

[FR Doc. 2023-04902 Filed 3-9-23; 8:45 am]
BILLING CODE 3510-DS-P