[Federal Register Volume 89, Number 43 (Monday, March 4, 2024)]
[Notices]
[Pages 15546-15547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04493]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-981]


Utility Scale Wind Towers From the People's Republic of China: 
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 order on utility scale 
wind towers (wind towers) from the People's Republic of China (China) 
for the period of review (POR) February 1, 2022, through January 31, 
2023.

DATES: Applicable March 4, 2024.

FOR FURTHER INFORMATION CONTACT: Zachary Shaykin, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2638.

SUPPLEMENTARY INFORMATION:

Background

    On February 2, 2023, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the 
antidumping duty order on wind towers from China.\1\ On February 28, 
2023, the Wind Tower Trade Coalition (the petitioner) submitted a 
timely request that Commerce conduct an administrative review.\2\
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation, Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 7071 (February 2, 
2023).
    \2\ See Petitioner's Letter, ``Request for Administrative 
Review,'' dated February 28, 2023.
---------------------------------------------------------------------------

    On April 11, 2023, Commerce published in the Federal Register a 
notice of initiation of an administrative review with respect to 
imports of wind towers exported and/or produced by 48 exporters and/or 
producers of wind towers from China, in accordance with section 751(a) 
of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.221(c)(1)(i).\3\ On May 2, 2023, we placed on the record U.S. 
Customs and Border Protection (CBP) data for entries of wind towers 
from China during the POR, showing no reviewable POR entries and 
invited interested parties to comment.\4\ On May 9, 2023, the

[[Page 15547]]

petitioner submitted comments requesting that Commerce review the CBP 
data and confirm that all wind towers potentially imported into the 
United States from China were properly reported to CBP.\5\
---------------------------------------------------------------------------

    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 21609 (April 11, 2023).
    \4\ See Memorandum, ``Customs and Border Protection Data 
Query,'' dated May 2, 2023.
    \5\ See Petitioner's Letter, ``Comments on CBP Data Query,'' 
dated May 9, 2023.
---------------------------------------------------------------------------

    In response to the petitioner's comments, on June 15, 2023, we 
again placed on the record CBP data for wind towers from China during 
the POR, showing no reviewable POR entries and invited interested 
parties to comment.\6\ On June 23, 2023, the petitioner submitted 
comments requesting that Commerce coordinate with CBP to confirm 
whether wind towers initially shipped into the United States from China 
were subsequently shipped to Canada, or whether such shipments were 
reexported into the United States.\7\ On September 5, 2023, Commerce 
addressed the petitioner's comments and indicated that it would refer 
the information gathered in this review to CBP.\8\
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Second Customs and Border Protection Data 
Query,'' dated June 15, 2023.
    \7\ See Petitioner's Letter, ``Comments on Second CBP Data 
Query,'' dated June 23, 2023, at 3.
    \8\ See Memorandum, ``Comments on Customs & Border Protection 
Data Query,'' dated September 5, 2023. Commerce referred the 
petitioner's comments regarding CBP data on February 23, 2024.
---------------------------------------------------------------------------

    On October 30, 2023, Commerce extended the deadline for the 
preliminary results of this review until February 28, 2024.\9\ 
Additionally, on December 8, 2023, Commerce notified all interested 
parties of its intent to rescind the instant review in whole 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.\10\ No interested party submitted 
comments to Commerce.
---------------------------------------------------------------------------

    \9\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated October 
30, 2023.
    \10\ See Memorandum, ``Intent to Rescind Review,'' dated 
December 8, 2023.
---------------------------------------------------------------------------

Rescission of Review

    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to 
rescind an administrative review of an antidumping duty order when 
there are no reviewable entries of subject merchandise during the POR 
for which liquidation is suspended.\11\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the 
antidumping duty assessment rate calculated for the review period.\12\ 
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 antidumping duty assessment rate calculated for the 
review period.\13\ As noted above, there were no entries of subject 
merchandise for any of 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).
---------------------------------------------------------------------------

    \11\ 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).
    \12\ See 19 CFR 351.212(b)(1).
    \13\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------

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.

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). 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 27, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2024-04493 Filed 3-1-24; 8:45 am]
BILLING CODE 3510-DS-P