[Federal Register Volume 89, Number 36 (Thursday, February 22, 2024)]
[Notices]
[Pages 13310-13311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03617]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-833]
Utility Scale Wind Towers From Indonesia: Rescission of
Antidumping Duty Administrative Review: 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the
administrative review of the antidumping duty (AD) order on utility
scale wind towers (wind towers) for the period of review (POR) August
1, 2022, through July 31, 2023.
DATES: Applicable February 22, 2024.
FOR FURTHER INFORMATION CONTACT: Taylor Hatley, 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) 482-4886.
SUPPLEMENTARY INFORMATION:
Background
On August 26, 2020, Commerce published in the Federal Register the
AD order on wind towers from
[[Page 13311]]
Indonesia.\1\ On August 2, 2023, Commerce published in the Federal
Register a notice of opportunity to request an administrative review of
the AD order.\2\ On August 31, 2023, the Wind Tower Trade Coalition
(the petitioner) submitted a timely request that Commerce conduct an
administrative review.\3\
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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),
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, 88 FR 50840 (August 2,
2023).
\3\ See Petitioner's Letter, ``Request for Administrative
Review,'' dated August 31, 2023.
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On October 18, 2023, Commerce published in the Federal Register a
notice of initiation of administrative review with respect to imports
of wind towers from Indonesia in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act) and 19 CFR
351.221(c)(1)(i).\4\ This review covers eight exporters and/or
producers.\5\ On October 18, 2023, we placed on the record U.S. Customs
and Border Protection (CBP) data for entries of wind towers from
Indonesia during the POR, showing no reviewable POR entries and invited
interested parties to comment.\6\
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\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829 (October 18, 2023).
\5\ Id., 88 FR at 71831.
\6\ See Memorandum, ``Release of Customs and Border Protection
Data,'' dated October 18, 2023.
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On November 6, 2023, PT. Kenertec Power Systems (Kenertec), an
exporter subject to this review, submitted a no-shipment certification,
indicating that it had no exports or sales of subject merchandise to
the United States during the POR.\7\
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\7\ See Kenertec's Letter, ``Notification of No Shipments,''
dated November 6, 2023.
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On February 8, 2024, Commerce notified all interested parties of
its intent to rescind the instant review because there were no
reviewable, suspended entries of subject merchandise by any of the
companies subject to this review during the POR and invited interested
parties to comment.\8\ We did not receive any comments.
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\8\ See Memorandum, ``Notice of Intent to Rescind Review,''
dated February 8, 2024.
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Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an AD order when there are no
reviewable entries of subject merchandise during the POR for which
liquidation is suspended.\9\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the AD
assessment rate calculated for the review period.\10\ Therefore, for an
administrative review to be conducted, there must be at least one
reviewable, suspended entry that Commerce can instruct CBP to liquidate
at the AD assessment rate calculated for the review period.\11\ As
noted above, there were no entries of subject merchandise for the
companies subject to this review during the POR. Accordingly, in the
absence of suspended entries of subject merchandise during the POR, we
are hereby rescinding this administrative review, in its entirety, in
accordance with 19 CFR 351.213(d)(3).
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\9\ See, e.g., Dioctyl Terephthalate from the Republic of Korea:
Rescission of Antidumping Administrative Review; 2021-2022, 88 FR
24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut-
to Length Plate from the Federal Republic of Germany: Recission of
Antidumping Administrative Review; 2020-2021, 88 FR 4157 (January
24, 2023).
\10\ See 19 CFR 351.212(b)(1).
\11\ See 19 CFR 351.213(d)(3).
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Assessment
Commerce will instruct CBP to assess antidumping duties on all
appropriate entries. Antidumping duties shall be assessed at rates
equal to the cash deposit of estimated antidumping duties required at
the time of entry, or withdrawal from warehouse, for consumption, in
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of this rescission notice in the Federal Register.
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). 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 terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: February 16, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2024-03617 Filed 2-21-24; 8:45 am]
BILLING CODE 3510-DS-P