[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Pages 61523-61525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19333]


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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; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that utility scale wind towers (wind towers) from Indonesia were sold 
at less than normal value during the period of review (POR) August 1, 
2021, through July 31, 2022. We invite interested parties to comment on 
these preliminary results of review.

DATES: Applicable September 7, 2023.

FOR FURTHER INFORMATION CONTACT: Amaris Wade, 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) 482-6334; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On August 26, 2020, Commerce published in the Federal Register the 
antidumping duty (AD) order on wind towers from Indonesia.\1\ On August 
2, 2022, Commerce published in the Federal Register a notice of 
opportunity to request an administrative review of the Order.\2\ On 
October 11, 2022, based on timely requests for review, in accordance 
with 19 CFR 351.221(c)(1)(i), we initiated an AD administrative review 
of P.T. Kenertec Power System (Kenertec), GE Indonesia, GE Renewable 
Energy, General Electric Indonesia, Korindo Wind, Nordex SE, PT. 
Siemens Gamesa Renewable Energy, and Siemens Gamesa Renewable 
Energy.\3\ On October 25, 2022, Commerce issued the AD questionnaire to 
Kenertec.\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 (August 26, 2020) (Order), as 
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).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 47187 (August 2, 
2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 61278 (October 11, 2022).
    \4\ See Commerce's Letter, ``Request for Information,'' dated 
October 25, 2022.
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    On April 21, 2023, Commerce extended the preliminary results of 
this review until August 31, 2023.\5\ For a complete description of the 
events that followed the initiation of this review, see the Preliminary 
Decision Memorandum.\6\
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    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated 
April 21, 2023.
    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022: 
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

    The products covered by the Order are utility scale wind towers 
from Indonesia.\7\
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    \7\ 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 sections 
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 these 
preliminary results, 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.

Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate 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 market 
economy investigation, for guidance when calculating the rate for 
companies that 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 an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero or de 
minimis margins, and any margins determined entirely on the basis of 
facts available.
    In this review, the following seven companies were not selected for 
individual examination: GE Indonesia; GE Renewable Energy; General 
Electric Indonesia; Korindo Wind; Nordex SE; PT. Siemens Gamesa 
Renewable Energy; and Siemens Gamesa Renewable Energy. Because we have 
preliminarily calculated a weighted-average dumping margin for a single 
respondent, Kenertec, which is not zero, de minimis, or determined 
entirely based on facts available, in accordance with section

[[Page 61524]]

735(c)(5)(A) of the Act, we assigned the weighted-average dumping 
margin we calculated for Kenertec in this administrative review to the 
companies not selected for individual examination.

Preliminary Results of Review

    We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period August 1, 2021, through 
July 31, 2022:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                         dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
P.T. Kenertec Power System..............................            3.06
GE Indonesia............................................            3.06
GE Renewable Energy.....................................            3.06
General Electric Indonesia..............................            3.06
Korindo Wind............................................            3.06
Nordex SE...............................................            3.06
PT. Siemens Gamesa Renewable Energy.....................            3.06
Siemens Gamesa Renewable Energy.........................            3.06
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed to 
interested parties within five days after public announcement, or if 
there is no public announcement, within five days of the publication 
date, of the preliminary results.\8\ Interested parties may submit case 
briefs 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 deadline for 
filing case briefs.\10\ Interested 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\ Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\12\
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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 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.\13\ 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. Issues raised in the hearing will be 
limited to those raised in the respective case briefs. If a request for 
a hearing is made, Commerce intends to hold the hearing at a time and 
date to be determined. An electronically filed hearing request must be 
received successfully in its entirety by Commerce's electronic records 
system, ACCESS by 5 p.m. Eastern Time within 30 days after the date of 
publication of this notice.
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    \13\ See 19 CFR 351.310(c).
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Assessment Rates

    Upon completion of the final results of this administrative review, 
Commerce shall determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries.\14\ If the 
weighted average dumping margin for Kenertec is not zero or de minimis 
(i.e., less than 0.5 percent) in the final results of this review, we 
intend to 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).\15\ 
If the weighted-average dumping margin or an importer-specific 
assessment rate is zero or de minimis in the final results of review, 
we intend to instruct CBP to liquidate entries without regard to 
antidumping duties.\16\ The final results of this administrative 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.\17\
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    \14\ See 19 CFR 351.212(b).
    \15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101 (February 14, 2012).
    \16\ Id. 77 FR at 8102; see also 19 CFR 351.106(c)(2).
    \17\ See section 751(a)(2)(C) of the Act.
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    For entries of subject merchandise during the POR produced by 
Kenertec for which it did not know that the merchandise it sold was 
destined for the United States, 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.\18\
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    \18\ 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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    For the companies that were not selected for individual 
examination, we will instruct CBP to liquidate entries at the rate 
established after the completion of the final results of review.
    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 cash deposit requirements will be effective upon 
publication in the Federal Register of the notice of final results of 
administrative review for all shipments of wind towers from Indonesia 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication as provided by section 751(a)(2)(C) of the Act: (1) 
the cash deposit rate for the respondents 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 merchandise 
exported by a company not covered in this review but covered in a prior 
segment of the proceeding, the cash deposit rate will continue to be 
the company-specific cash deposit rate published in the completed 
segment for the most recent period; (3) if the exporter is not a firm 
covered in this review, or a previous segment, but the producer is, 
then the cash deposit rate will be the rate established in the 
completed segment for the most recent period for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 8.50 percent, the all-others rate 
established in the less-than-fair-value investigation.\19\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \19\ See Order.
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Final Results of Review

    Unless the deadline is otherwise extended, Commerce intends to 
issue the final results of this administrative review, including the 
results of its analysis of issues raised by interested parties in the 
written comments, within 120 days of publication of these preliminary 
results in the Federal Register, pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(1).

[[Page 61525]]

Notification to Importers

    This notice serves as a preliminary 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 to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: August 31, 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. Currency Conversion
VI. Recommendation

[FR Doc. 2023-19333 Filed 9-6-23; 8:45 am]
BILLING CODE 3510-DS-P