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