[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74880-74882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20778]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-902]


Utility Scale Wind Towers From the Republic of Korea: Preliminary 
Results and Rescission of Review, in Part, 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) preliminarily 
determines that sales of utility scale wind towers (wind towers) from 
the Republic of Korea (Korea) were not made at less than normal value 
(NV) during the period of review (POR) August 1, 2022, through July 31, 
2023. Additionally, Commerce is rescinding this administrative review, 
in part, with respect to certain companies that had no entries of 
subject merchandise during the POR. Interested parties are invited to 
comment on these preliminary results.

DATES: Applicable September 13, 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

    On August 26, 2020, Commerce published the antidumping duty order 
on utility scale wind towers (wind towers) from the Republic of Korea 
(Korea) in the Federal Register.\1\ On October 18, 2023, based on 
timely requests for review, in accordance with 19 CFR 351.221(c)(1)(i), 
we initiated an administrative review of the Order on wind towers from 
Korea.\2\ This review covers 16 producers/exporters of the subject 
merchandise. In April 2024, we extended the deadline for issuing the 
preliminary results of this review until August 30, 2024.\3\ On July 
22, 2024, Commerce tolled certain deadlines in this administrative 
proceeding by seven days.\4\ The deadline for the preliminary results 
is now September 6, 2024. For a complete description of the events that 
followed the initiation of this review, see the Preliminary Decision 
Memorandum.\5\
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    \1\ See Utility Scale Wind Towers from Canada, Indonesia, the 
Republic of Korea, and the Socialist Republic of Vietnam: 
Antidumping Duty Orders, 85 FR 52546, 52547 (August 26, 2020) 
(Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 71829 (October 18, 2023) (Initiation 
Notice).
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated April 12, 
2024.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Utility Scale Wind Towers from Korea; 2022-2023,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The merchandise subject to the Order is wind towers from Korea. For 
a full description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an 
administrative review when there are no reviewable entries of subject 
merchandise during the POR for which liquidation is suspended.\6\ 
Normally, upon completion of an administrative review, the suspended 
entries are liquidated at the antidumping duty assessment rate 
calculated for the review period.\7\ Therefore, for an administrative 
review to be conducted, there must be a suspended entry that Commerce 
can instruct CBP to liquidate at the antidumping duty assessment rate 
calculated for the POR.\8\
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    \6\ 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).
    \7\ See 19 CFR 351.212(b)(1).
    \8\ See 19 CFR 351.213(d)(3).
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    On December 20, 2023, we notified all interested parties of our 
intent to rescind this review, in part, with respect to the 15 
companies listed in Appendix II because there were no suspended entries 
of subject merchandise produced or exported by these companies during 
the POR and we invited interested parties to comment.\9\ We received no

[[Page 74881]]

comments on the Intent to Rescind Memorandum. Accordingly, Commerce is 
rescinding this review with respect to the companies listed in Appendix 
II, in accordance with 19 CFR 351.213(d)(3).
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    \9\ See Memorandum, ``Notice of Intent to Rescind Review, in 
Part,'' dated December 20, 2023 (Intent to Rescind Memorandum). We 
note that this memorandum incorrectly listed ``Renewable Energy'' as 
one of the companies for which Commerce intended to rescind this 
review. However, Commerce did not initiate a review with respect to 
this company. See Initiation Notice, 88 FR at 71831-71832.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). Export price is 
calculated in accordance with section 772 of the Act. NV is calculated 
in accordance with section 773 of the Act. For a full description of 
the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum. The Preliminary 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 Preliminary 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of the topics 
discussed in the Preliminary Decision Memorandum is attached in 
Appendix I of this notice.

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following estimated weighted-average dumping margin for the period 
August 1, 2022, through July 31, 2023:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Dongkuk S&C Co., Ltd.......................................        0.00
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Disclosure and Public Comment

    Commerce intends to disclose its calculations and analysis 
performed to interested parties for these preliminary results within 
five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\10\ Interested parties who submit case briefs or rebuttal 
briefs in this administrative review must submit: (1) a table of 
contents listing each issue; and (2) a table of authorities.\11\
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    \10\ See 19 CFR 351.309(d)(1); see also Administrative 
Protective Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\12\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the issues and decision memorandum that will 
accompany the final results in this administrative review. We request 
that interested parties include footnotes for relevant citations in the 
executive summary of each issue. Note that Commerce has amended certain 
of its requirements pertaining to the service of documents in 19 CFR 
351.303(f).\13\
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    \12\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \13\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time 
within 30 days after the date of publication of this notice.

Assessment Rates

    Upon issuing the final results, Commerce shall determine, and U.S. 
Customs and Border Protection (CBP) shall assess, antidumping duties on 
all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), because 
Dongkuk reported the entered value of its U.S. sales, 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 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 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 
Dongkuk 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 if there is no rate for the 
intermediate company(ies) involved in the transaction.
    For the companies listed in Appendix II for which we are rescinding 
the review, we will instruct CBP to assess antidumping duties on all 
appropriate entries at rates equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends 
to issue these rescission instructions to CBP no earlier than 35 days 
after the date of publication of this notice in the Federal Register.
    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable. Commerce intends to issue assessment instructions to 
CBP regarding Dongkuk 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 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 that established in the

[[Page 74882]]

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 covered in this 
review, the cash deposit rate will continue to be the company-specific 
cash deposit rate published for the most recently completed segment of 
this proceeding in which the company participated; (3) if the exporter 
is not a firm covered in this review, or the less-than-fair-value 
(LTFV) investigation, but the manufacturer is, then the cash deposit 
rate will be the rate established for the most recent segment for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 5.41 percent, the 
all-others rate established in the LTFV investigation.\14\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \14\ See Order, 85 FR at 52547.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) 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 double antidumping duties.

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: September 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

Appendix II

Companies for Which Commerce Is Rescinding the Review

1. CS Wind China Co., Ltd.
2. CS Wind Corporation.
3. CS Wind Malaysia Sdn. Bhd.
4. CS Wind Taiwan Ltd.
5. CS Wind Turkey Kule Imalati A.S.
6. CS Wind UK Limited.
7. CS Wind Vietnam Co., Ltd.
8. CS Wind Portugal, S. A.
9. Enercon Korea Inc.
10. GE Renewable Energy
11. Hyosung Heavy Industries
12. Nordex SE
13. Siemens Gamesa Renewable Energy Limited
14. Vestas Korea
15. Vestas Korea Wind Technology Ltd.

[FR Doc. 2024-20778 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P