[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)
------------------------------------------------------------------------
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