[Federal Register Volume 89, Number 46 (Thursday, March 7, 2024)]
[Notices]
[Pages 16544-16545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04881]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-902]
Utility Scale Wind Towers From the Republic of Korea: Final
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) determines that
utility scale wind towers (wind towers) from the Republic of Korea
(Korea) were sold in the United States at less than normal value during
the period of review (POR) August 1, 2021, through July 31, 2022.
DATES: Applicable March 7, 2024.
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
This review covers one producer/exporter of the subject
merchandise, Dongkuk S&C Co., Ltd. (Dongkuk). On September 6, 2023,
Commerce published the Preliminary Results and invited interested
parties to comment.\1\ For a summary of the events that occurred since
the Preliminary Results, as well as a full discussion of the issues
raised by parties for these final results, see the Issues and Decision
Memorandum.\2\ Commerce conducted this administrative review in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
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\1\ See Utility Scale Wind Towers from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2021-2022, 88 FR 60929
(September 6, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2021-2022 Administrative Review of the
Antidumping Duty Order on Utility Scale Wind Towers from the
Republic of Korea,'' dated concurrently with, and herby adopted by,
this notice (Issues and Decision Memorandum).
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Scope of the Order 3
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\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 55811 (October 7, 2021); see also
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).
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The merchandise subject to the Order is wind towers. 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.
Although the HTSUS subheadings are provided for convenience and customs
purposes, the written product description remains dispositive.\4\
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\4\ For a complete description of the scope of the Order, see
the Preliminary Results PDM.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum and are listed in the appendix to
this notice. The Issues and 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 Issues and
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
adjustments to the calculation of Dongkuk's general and administrative
expense and indirect selling expense ratios. We note that these changes
have no measurable impact on the preliminary weighted-average dumping
margin calculated for Dongkuk.
Finals Results of Review
We determine that the following weighted-average dumping margin
exists for the the period, February 14, 2020, through July 31, 2021:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
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Dongkuk S&C Co., Ltd....................................... 1.95
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Disclosure of Calculations
We intend to disclose the calculations performed for Dongkuk to
interested parties in this proceeding within five days of the date of
publication of this notice, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1),
[[Page 16545]]
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
Pursuant to 19 CFR 351.212(b)(1), Dongkuk reported the entered
value of its U.S. sales such that 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
the sales for which entered value was reported. 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
assessment 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 the
company 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 of 5.41 percent if there is
no rate for the intermediate company(ies) involved in the
transaction.\5\
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\5\ See Order; and 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) (correcting the date that the provisional
measures period expired). For a full discussion of the ``automatic
assessment'' practice, see Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6,
2003).
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Commerce intends to issue liquidation 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 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 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 previously investigated or reviewed companies not listed above,
the cash deposit rate will continue to be the company-specific cash
deposit rate published for the most recently completed segment; (3) if
the exporter is not a firm covered in this review, or the original
less-than-fair-value (LTFV) investigation, but the producer is, then
the cash deposit rate will be the cash deposit rate established for the
most recently completed segment for the producer of the merchandise;
and (4) the cash deposit rate for all other producers or exporters will
continue to be 5.41 percent, the all-others rate established in the
LTFV investigation.\6\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\6\ See Order, 85 FR at 52547.
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Notification to Importers
This notice serves as a final 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 the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
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), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
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: March 1, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Results
IV. Discussion of the Issues
Comment 1: Whether Commerce Should Revise Its Steel Plate Cost
Smoothing Adjustment for Dongkuk
Comment 2: Whether Commerce Should Reallocate and Adjust Certain
Expenses in Dongkuk's General and Administrative (G&A) Expense Ratio
Calculation
Comment 3: Whether to Adjust Dongkuk's Conversion Costs
Comment 4: Dongkuk's Packing Expenses
Comment 5: Whether Commerce Should Increase Dongkuk's Cost of
Production (COP)
Comment 6: Adjusting Dongkuk's Scrap Offset Based on Amount of
Plate Consumed
Comment 7: Whether Commerce Should Request Information for
Constructed Value (CV) Profit and Selling Expenses
V. Recommendation
[FR Doc. 2024-04881 Filed 3-6-24; 8:45 am]
BILLING CODE 3510-DS-P