[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Notices]
[Pages 60929-60932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19121]


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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 Preliminary 
Determination of No Shipments; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily

[[Page 60930]]

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) August 1, 2021, through July 31, 
2022. We also preliminarily determine that two companies had no 
shipments. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable September 6, 2023.

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

SUPPLEMENTARY INFORMATION: 

Background

    On October 11, 2022, 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 \1\ on wind towers from Korea.\2\ 
This review covers 15 producers/exporters of the subject merchandise. 
In April 2023, we extended the deadline for issuing the preliminary 
results of this review to no later than August 31, 2023.\3\ For a 
complete description of the events that followed the initiation of this 
review, see the Preliminary Decision Memorandum.\4\
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    \1\ See Utility Scale Wind Towers from Canada, Indonesia, the 
Republic of Korea, and the Socialist Republic of Vietnam: 
Antidumping Duty Orders, 85 FR 52546, 52547 (August 26, 2020) 
(Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 61278 (October 11, 2022).
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated April 6, 
2023.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2022 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.\5\ 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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    \5\ For a complete description of the scope of the Order, see 
Preliminary Decision Memorandum at 2-3.
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Preliminary Determination of No Shipments

    On October 28 and November 10, 2022, respectively, we received 
letters from Hyosung Heavy Industries Corporation (Hyosung) and CS Wind 
Corporation (CS Wind), timely notifying Commerce that they had no 
exports, sales, or entries of subject merchandise during the POR.\6\ 
Based on their certifications and our analysis of U.S. Customs and 
Border Protection (CBP) information, we preliminarily determine that CS 
Wind and Hyosung had no shipments during the POR. Consistent with our 
practice, we are not rescinding the review with respect to CS Wind and 
Hyosung. Instead, we will complete the review and issue appropriate 
instructions to CBP based on the final results of this review.\7\
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    \6\ See Hyosung's Letter, ``No Shipment Letter,'' dated October 
28, 2022; see also CS Wind's Letter, ``Notice of No Sales,'' dated 
November 10, 2022.
    \7\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306 
(August 28, 2014); and Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010).
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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 in 
Appendix I of this notice.

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following estimated weighted-average dumping margin for the period 
August 1, 2021, through July 31, 2022:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                         dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Dongkuk S&C Co., Ltd....................................            1.95
Companies Not Selected for Individual Review............            1.95
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Rate for Companies Not Selected for Individual Examination

    The Act and Commerce's regulations do not address the establishment 
of a weighted-average dumping margin to be applied to companies not 
selected for individual examination when Commerce limits its 
examination in an administrative review pursuant to section 777A(c)(2) 
of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, 
which provides instructions for calculating the all-others rate in a 
less-than-fair-value (LTFV) investigation, for guidance when 
calculating the weighted-average dumping margin for companies which 
were not selected for individual examination in an administrative 
review. Under section 735(c)(5)(A) of the Act, the all-others rate is 
normally equal to the weighted average of the estimated weighted-
average dumping margins established for exporters and producers 
individually examined, excluding rates that are zero, de minimis (i.e., 
less than 0.5 percent), or determined entirely on the basis of facts 
available.
    For these preliminary results, we have preliminary assigned a 
dumping margin to these companies based on the rate calculated for 
Dongkuk S&C Co., Ltd. (Dongkuk). The companies not selected for 
individual review are listed in Appendix II.

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 in the Federal 
Register.\8\ 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.\9\ Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed no later than seven days after 
the time limit

[[Page 60931]]

for filing case briefs.\10\ 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.\11\ Case and rebuttal briefs should be 
filed using ACCESS.\12\ 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.\13\
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    \8\ See 19 CFR 351.224(b).
    \9\ See 19 CFR 351.309(c).
    \10\ Commerce is exercising its discretion, under 19 CFR 
351.309(d)(1), to alter the time limit for filing of rebuttal 
briefs.
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
    \12\ See 19 CFR 351.303.
    \13\ 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.\14\ 
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.\15\
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    \14\ See 19 CFR 351.310(c).
    \15\ 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.\16\
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    \16\ See section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h)(1).
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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), because 
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 those 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 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 
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.
    For the companies which were not selected for individual 
examination, we intend to assign an antidumping duty assessment rate 
equal to the dumping margin calculated in the final results of this 
review for Dongkuk. Further, if we continue to find in the final 
results that CS Wind and Hyosung had no shipments of subject 
merchandise during the POR, we will instruct CBP to liquidate any 
suspended entries that entered under their antidumping duty case 
numbers (i.e., at that exporter's rate) at the all-others rate if there 
is no rate for the intermediate company(ies) involved in the 
transaction.
    In accordance with section 751(a)(2)(C) of the Act, 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 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 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 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.\17\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \17\ 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.

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, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

Appendix II--Review-Specific Rate Applicable to Companies Not Selected 
for Individual Review

1. CS Wind China Co., Ltd.
2. CS Wind Malaysia Sdn. Bhd.
3. CS Wind Taiwan Ltd.
4. CS Wind Turkey Kule Imalati A.S.
5. CS Wind UK Limited
6. CS Wind Vietnam Co., Ltd.
7. Enercon Korea Inc.
8. GE Renewable Energy

[[Page 60932]]

9. Nordex SE
10. Siemens Gamesa Renewable Energy Limited
11. Vestas Korea
12. Vestas Korea Wind Technology Ltd.

[FR Doc. 2023-19121 Filed 9-5-23; 8:45 am]
BILLING CODE 3510-DS-P