[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Notices]
[Pages 17379-17381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05064]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-833]


Utility Scale Wind Towers From Indonesia: 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 PT. 
Kenertec Power System (Kenertec) made sales of subject merchandise at 
less than normal value during the period of review (POR), August 1, 
2021, through July 31, 2022.

DATES: Applicable March 11, 2024.

FOR FURTHER INFORMATION CONTACT: Amaris Wade, 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) 482-6334.

SUPPLEMENTARY INFORMATION:

Background

    On September 7, 2023, Commerce published in the Federal Register 
the Preliminary Results of the 2021-2022 administrative review \1\ of 
the antidumping duty order on utility scale wind towers from 
Indonesia.\2\ This review covers one producer/exporter of the subject 
merchandise, Kenertec. We invited interested parties to comment on the 
Preliminary Results.\3\ On October 10, 2023, we received case briefs 
from Kenertec and the Wind Tower Trade Coalition (i.e., the 
petitioner).\4\ On October 24, 2023, we received rebuttal briefs from 
Kenertec and the petitioner.\5\ On December 26, 2023, Commerce extended 
the deadline for the final results of review until March 5, 2024.\6\ 
For a complete description of the events that occurred since the 
Preliminary Results, see the Issues and Decision Memorandum.\7\ 
Commerce conducted this review in accordance with section 751(a)(1)(B) 
of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Utility Scale Wind Towers from Indonesia: Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022, 88 FR 
61523 (September 7, 2022) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ 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), as 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) 
(collectively, Order).
    \3\ See Preliminary Results, 88 FR 61525.
    \4\ See Kenertec's Letter, ``Kenertec's Affirmative Brief,'' 
dated October 10, 2023; and Petitioner's Letter, ``Case Brief,'' 
dated October 10, 2023.
    \5\ See Kenertec's Letter, ``Kenertec's Rebuttal Brief,'' dated 
October 24, 2023; and Petitioner's Letter, ``Rebuttal Brief,'' dated 
October 24, 2023.
    \6\ See Memorandum, ``Utility Scale Wind Towers from Indonesia: 
Extension of the Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated December 26, 2023.
    \7\ 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 
Indonesia,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Scope of the Order

    The merchandise subject to the Order is certain wind towers, 
whether or not tapered, and sections thereof, from Indonesia. 
Merchandise covered by these orders is currently classified in the 
Harmonized Tariff Schedule of the

[[Page 17380]]

United States (HTSUS) under subheading 7308.20.0020 or 8502.31.0000. 
Wind towers of iron or steel are classified under HTSUS 7308.20.0020 
when imported separately as a tower or tower section(s). Wind towers 
may be classified under HTSUS 8502.31.0000 when imported as combination 
goods with a wind turbine (i.e., accompanying nacelles and/or rotor 
blades). While the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope of these orders 
is dispositive.\8\
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    \8\ For a complete description of the scope of the Order, see 
the Issues and Decision Memorandum at 2-3.
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Analysis of Comments Received

    All issues raised in case and rebuttal briefs by interested parties 
in this administrative review 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 http://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 the Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we made 
certain changes to the weighted-average dumping margin calculation for 
Kenertec for the final results of review.\9\
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    \9\ Id.
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Final Results of the Review

    As a result of this review, we determine the following weighted-
average dumping margin exists for the period August 1, 2021, through 
July 31, 2022:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Exporter or producer                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
PT. Kenertec Power System..................................        1.78
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these final results of review to interested parties 
within five days after public announcement of the final results or, if 
there is no public announcement, within five days of the date of 
publication of the notice of final results in the Federal Register, 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), 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), we calculated importer-specific 
ad valorem duty assessment rates based on the ratio of the total amount 
of dumping calculated for each importer's examined sales and the total 
entered value of those sales. 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 de 
minimis (i.e., less than 0.5 percent), we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
    For entries of subject merchandise during the POR produced by 
Kenertec for which it did not know that its merchandise was destined 
for the United States, we will instruct CBP to liquidate such entries 
at the all-others rate established in the less-than-fair-value (LTFV) 
investigation of 8.53 percent ad valorem,\10\ if there is no rate for 
the intermediate company(ies) involved in the transaction.
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    \10\ See Utility Scale Wind Towers from Indonesia: Final 
Determination of Sales at Less Than Fair Value and Final Negative 
Determination of Critical Circumstances, 85 FR 40231, 40232 (July 6, 
2020).
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    Commerce intends to issue assessment 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

    Upon publication of this notice in the Federal Register, 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) of the 
Act: (1) the cash deposit rate for the company subject to this review 
will be equal to the weighted-average dumping margin established in 
these finals results of the review; (2) for merchandise exported by 
producers or exporters not covered in this review but covered in a 
prior completed segment of the proceeding, the cash deposit rate will 
continue to be the company-specific rate published in the completed 
segment for the most recent period; (3) if the exporter is not a firm 
covered in this review, a prior review, or the LTFV investigation, but 
the producer has been covered in a prior completed segment of this 
proceeding, then the cash deposit rate will be the rate established in 
the completed segment for the most recent period for the producer of 
the merchandise; and (4) the cash deposit rate for all other producers 
or exporters will continue to be 8.53 percent, the all-others rate 
established in the LTFV investigation for this proceeding.\11\ These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \11\ Id.
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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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled 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 return or destruction of proprietary information 
disclosed under the 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 the 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 violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).


[[Page 17381]]


    Dated: March 5, 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. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Packing Expenses
    Comment 2: Whether Commerce Should Increase the Reported Cost of 
Production (COP) to Account for Affiliate Services
    Comment 3: Whether Labor and Overhead Expenses Assigned to Non-
Wind Towers Should Be Assigned to Wind Towers
    Comment 4: Arm's Length Nature of Movement Expenses
    Comment 5: Whether Commerce Should Use Production Costs Without 
Auditor's Adjustment
    Comment 6: Whether Commerce Should Recalculate the Reported 
General and Administrative (G&A) and Interest Expenses
    Comment 7: Deduction of Comparison Market Sales Expenses
    Comment 8: Application of the Comparison Market Revenue Cap
    Comment 9: Application of the U.S. Market Revenue Cap
    Comment 10: Direct Selling Expenses in U.S. Market
    Comment 11: Constructed Value (CV) and Which Financial 
Statements, If Any, Commerce Should Use
VI. Recommendation

[FR Doc. 2024-05064 Filed 3-8-24; 8:45 am]
BILLING CODE 3510-DS-P