[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