Utility Scale Wind Towers From Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021, 54478-54480 [2022-19192]
Download as PDF
<![CDATA[
54478
Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Notices
serving documents containing business
proprietary information, until further
notice.11 An electronically filed
document must be received successfully
in its entirety in ACCESS by 5:00 p.m.
Eastern Time on the due date.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, unless
extended, pursuant to section
751(a)(3)(A) of the Act.
Notification to Importers
This notice also serves as a
preliminary 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.
Notification to Interested Parties
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(h)(1) and 351.221(b)(4).
Dated: August 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—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
[FR Doc. 2022–19191 Filed 9–2–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–833]
jspears on DSK121TN23PROD with NOTICES
Utility Scale Wind Towers From
Indonesia: Preliminary Results of
Antidumping Duty Administrative
Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
AGENCY:
11 See
Temporary Rule.
VerDate Sep<11>2014
20:04 Sep 02, 2022
Jkt 256001
determines that the sole producer/
exporter subject to this administrative
review, PT. Kenertec Power System
(Kenertec), made sales of subject
merchandise at less than normal value
during the period of review (POR). The
POR is February 14, 2020, through July
31, 2021. Interested parties are invited
to comment on these preliminary
results.
DATES:
Applicable September 6, 2022.
FOR FURTHER INFORMATION CONTACT:
Benjamin A. Luberda, 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) 482–2185.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 2021, based on timely
requests for review, in accordance with
19 CFR 351.221(c)(1)(i), we initiated an
administrative review of the
antidumping duty order on utility scale
wind towers (wind towers) from
Indonesia.1 This review covers one
producer/exporter of the subject
merchandise, PT. Kenertec Power
System (Kenertec).2
On April 19, 2022, Commerce
extended the deadline for the
preliminary results of this
administrative review until August 31,
2022.3
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.4
Scope of the Order 5
The merchandise subject to the Order
is certain wind towers, whether or not
tapered, and sections thereof.
Merchandise covered by the Order is
currently classified in the Harmonized
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
55811 (October 7, 2021).
2 Id. at 55813.
3 See Memorandum, ‘‘Extension of Time Limit for
Preliminary Results of 2020–2021 Antidumping
Duty Administrative Review,’’ dated April 19, 2022.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2020–2021
Administrative Review of the Antidumping Duty
Order on Utility Scale Wind Towers from
Indonesia,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
5 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) (Order), 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).
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
Tariff Schedule of the United States
(HTSUS) under subheading
7308.20.0020 or 8502.31.0000. Wind
towers of iron or steel are classified
under HTSUS subheading 7308.20.0020
when imported separately as a tower or
tower section(s). Wind towers may be
classified under HTSUS subheading
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 the
Order is dispositive.6
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). Constructed export
price is calculated in accordance with
section 772 of the Act. Normal value 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. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as an
appendix to this notice. 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.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine that the
following weighted-average dumping
margin exists for the period February
14, 2020, through July 31, 2021:
Exporter/producer
PT. Kenertec Power System
Weightedaverage
dumping
margin
(percent)
2.01
Verification
On January 18, 2022, Commerce
received a timely request from the Wind
Tower Trade Coalition (the petitioner)
to verify the information submitted by
Kenertec in the course of this
6 For a complete description of the scope of the
order, see Preliminary Decision Memorandum.
E:\FR\FM\06SEN1.SGM
06SEN1
Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Notices
administrative review, pursuant to 19
CFR 351.307(b)(1)(iv). As detailed in the
Preliminary Decision Memorandum,
Commerce does not intend to verify the
information submitted by Kenertec in
the course of this administrative review.
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice.7
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 no later than
seven days after the time limit for filing
case briefs.8 Parties who submit case
briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) a statement of
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.9
Case and rebuttal briefs should be filed
using ACCESS.10
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, U.S. Department of
Commerce, filed electronically via
ACCESS, within 30 days after
publication of this notice.11 Hearing
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. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made,
Commerce intends to hold the hearing
at a date and time to be determined.12
Parties should confirm by telephone the
date and time of the hearing two days
before the scheduled date.
All submissions to Commerce should
be filed using ACCESS 13 and must be
served on interested parties.14 An
electronically filed document must be
received successfully in its entirety by
jspears on DSK121TN23PROD with NOTICES
7 See
19 CFR 351.224(b).
8 See 19 CFR 351.309(d); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
9 See 19 CFR 351.309(c)(2) and (d)(2).
10 See 19 CFR 351.303.
11 See 19 CFR 351.310(c).
12 See 19 CFR 351.310(d).
13 See 19 CFR 351.303.
14 See 19 CFR 351.309(d)(1) and (2); see also
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006
(March 26, 2020) (‘‘To provide adequate time for
release of case briefs via ACCESS, E&C intends to
schedule the due date for all rebuttal briefs to be
7 days after case briefs are filed (while these
modifications remain in effect).’’).
VerDate Sep<11>2014
20:04 Sep 02, 2022
Jkt 256001
ACCESS by 5:00 p.m. Eastern Time on
the established deadline. Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information until further
notice.15
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis
raised in any written briefs, not later
than 120 days after the publication date
of this notice, unless otherwise
extended.16
Assessment Rates
Upon completion of this
administrative review, Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries.17 If the weighted average
dumping margin for Kenertec is not zero
or de minimis (i.e., less than 0.5
percent), we will calculate importerspecific ad valorem antidumping duty
assessment rates based on the ratio of
the total amount of dumping calculated
for each importer’s examined sales to
the total entered value of those same
sales in accordance with 19 CFR
351.212(b)(1).18 Where the respondent
did not report entered value, we will
calculate the entered value in order to
calculate the assessment rate. If the
weighted-average dumping margin for
Kennetec is zero or de minimis in the
final results, or an importer-specific
assessment rate is zero or de minimis in
the final results, we will instruct CBP to
liquidate such entries without regard to
antidumping duties.
Commerce’s ‘‘automatic assessment’’
practice will apply to entries of subject
merchandise during the POR produced
by Kennetec for which it 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 a full discussion of this
matter, see Assessment Policy Notice.19
15 See
Temporary Rule.
section 751(a)(3)(A) of the Act.
17 See 19 CFR 351.212(b).
18 In these preliminary results, Commerce applied
the assessment rate calculation adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for
Reviews).
19 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
16 See
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
54479
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
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 Kennetec will be
that 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; and (2) for
previously reviewed or investigated
companies not participating in this
review, the cash deposit rate will
continue to be the company-specific rate
published for the most recentlycompleted segment of this proceeding in
which the company was reviewed or
investigated; (3) if the exporter is not a
firm covered in this review or previous
segment, but the producer is, then the
cash deposit rate will be the rate
established for the most recentlycompleted segment 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 less-than-fair-value
investigation.20
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice 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
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
20 See Order.
E:\FR\FM\06SEN1.SGM
06SEN1
54480
Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Notices
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: August 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Verification
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2022–19192 Filed 9–2–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB336]
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Herring Advisory Panel via webinar to
consider actions affecting New England
fisheries in the exclusive economic zone
(EEZ). Recommendations from this
group will be brought to the full Council
for formal consideration and action, if
appropriate.
SUMMARY:
This webinar will be held on
Friday, September 23, 2022, at 8:30 a.m.
ADDRESSES: Webinar registration URL
information: https://
attendee.gotowebinar.com/register/
4989115799607363342.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
jspears on DSK121TN23PROD with NOTICES
DATES:
Agenda
The Herring Advisory Panel will meet
to review draft Atlantic herring
VerDate Sep<11>2014
20:04 Sep 02, 2022
Jkt 256001
specifications and river herring and
shad catch caps for fishing years 2023–
25 and recommend preferred
alternatives. The Panel will discuss
possible herring priorities for 2023.
They will also make recommendations
to the Herring Committee, as
appropriate, and discuss other business,
as necessary.
Although non-emergency issues not
contained on the agenda may come
before this Council for discussion, those
issues may not be the subject of formal
action during this meeting. Council
action will be restricted to those issues
specifically listed in this notice and any
issues arising after publication of this
notice that require emergency action
under section 305(c) of the MagnusonStevens Act, provided the public has
been notified of the Council’s intent to
take final action to address the
emergency. The public also should be
aware that the meeting will be recorded.
Consistent with 16 U.S.C. 1852, a copy
of the recording is available upon
request.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Thomas A. Nies, Executive Director, at
(978) 465–0492, at least 5 days prior to
the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 31, 2022.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–19142 Filed 9–2–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Florida Fishing and Boating
Survey
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on May 6, 2022
during a 60-day comment period. This
notice allows for an additional 30 days
for public comments.
Agency: National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
Title: Florida Fishing and Boating
Survey.
OMB Control Number: 0648–0769.
Form Number(s): None.
Type of Request: Regular submission
(revision and extension of a current
information collection).
Number of Respondents: 3,120.
Average Hours per Response: 0.05
hours (3 minutes).
Total Annual Burden Hours: 156.
Needs and Uses: This request is for an
extension and revision of a currently
approved information collection and is
sponsored by NOAA’s Southeast
Fisheries Science Center (SEFSC).
The objective of the data collection
effort under OMB Control Number
0648–0769 is to understand how anglers
and boaters respond to changes in trip
costs and/or fishing regulations in
Florida (both in waters of the Gulf of
Mexico and South Atlantic Ocean). This
will improve the analysis of the
economic effects of proposed changes in
fishing regulations and changes in
economic factors that affect the cost of
fishing and boating such as fuel prices.
The survey will be used to develop
predictive models that forecast how
fishing and boating effort changes when
either trip costs change or when fishing
regulations (season length or bag limits)
change. The survey will ask about the
number of trips anglers take under
current costs and regulations and
anticipated number of trips when costs
and/or regulations change.
The population to be surveyed
consists of anglers and boat owners with
a license to fish in the Gulf of Mexico
or South Atlantic from Florida. The
sample will be drawn from a list of
licensed Florida anglers and registered
Florida boat owners. Anglers/boat
owners will be emailed an invitation to
the online survey that directs them to a
website to complete the survey. Changes
proposed to the collection include the
addition of respondents on the Atlantic
Coast of Florida, adapting the survey to
ask about all federally managed fish in
the Atlantic and Gulf of Mexico, and
removing the mail component and
financial incentives of the survey.
Affected Public: Individuals or
households.
Frequency: Twice per calendar year.
Respondent’s Obligation: Voluntary.
E:\FR\FM\06SEN1.SGM
06SEN1
]]>Agencies
[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54478-54480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19192]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-833]
Utility Scale Wind Towers From Indonesia: Preliminary Results of
Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the sole producer/exporter subject to this
administrative review, PT. Kenertec Power System (Kenertec), made sales
of subject merchandise at less than normal value during the period of
review (POR). The POR is February 14, 2020, through July 31, 2021.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable September 6, 2022.
FOR FURTHER INFORMATION CONTACT: Benjamin A. Luberda, 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) 482-2185.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 2021, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the antidumping duty order on utility scale wind towers (wind
towers) from Indonesia.\1\ This review covers one producer/exporter of
the subject merchandise, PT. Kenertec Power System (Kenertec).\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 55811 (October 7, 2021).
\2\ Id. at 55813.
---------------------------------------------------------------------------
On April 19, 2022, Commerce extended the deadline for the
preliminary results of this administrative review until August 31,
2022.\3\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Extension of Time Limit for Preliminary
Results of 2020-2021 Antidumping Duty Administrative Review,'' dated
April 19, 2022.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2020-2021 Administrative Review of the Antidumping
Duty Order on Utility Scale Wind Towers from Indonesia,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 5
---------------------------------------------------------------------------
\5\ 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) (Order),
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).
---------------------------------------------------------------------------
The merchandise subject to the Order is certain wind towers,
whether or not tapered, and sections thereof. Merchandise covered by
the Order is currently classified in the Harmonized Tariff Schedule of
the United States (HTSUS) under subheading 7308.20.0020 or
8502.31.0000. Wind towers of iron or steel are classified under HTSUS
subheading 7308.20.0020 when imported separately as a tower or tower
section(s). Wind towers may be classified under HTSUS subheading
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 the Order is dispositive.\6\
---------------------------------------------------------------------------
\6\ For a complete description of the scope of the order, see
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Constructed export price is calculated in accordance with section 772
of the Act. Normal value 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. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
an appendix to this notice. 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.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margin exists for the period
February 14, 2020, through July 31, 2021:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
PT. Kenertec Power System............................... 2.01
------------------------------------------------------------------------
Verification
On January 18, 2022, Commerce received a timely request from the
Wind Tower Trade Coalition (the petitioner) to verify the information
submitted by Kenertec in the course of this
[[Page 54479]]
administrative review, pursuant to 19 CFR 351.307(b)(1)(iv). As
detailed in the Preliminary Decision Memorandum, Commerce does not
intend to verify the information submitted by Kenertec in the course of
this administrative review.
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\7\ 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 no
later than seven days after the time limit for filing case briefs.\8\
Parties who submit case briefs or rebuttal briefs in this proceeding
are encouraged to submit with each argument: (1) a statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.\9\ Case and rebuttal briefs should be filed using
ACCESS.\10\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ See 19 CFR 351.303.
---------------------------------------------------------------------------
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, U.S. Department of Commerce,
filed electronically via ACCESS, within 30 days after publication of
this notice.\11\ Hearing 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. Oral presentations at the hearing
will be limited to issues raised in the briefs. If a request for a
hearing is made, Commerce intends to hold the hearing at a date and
time to be determined.\12\ Parties should confirm by telephone the date
and time of the hearing two days before the scheduled date.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
All submissions to Commerce should be filed using ACCESS \13\ and
must be served on interested parties.\14\ An electronically filed
document must be received successfully in its entirety by ACCESS by
5:00 p.m. Eastern Time on the established deadline. Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information until further
notice.\15\
---------------------------------------------------------------------------
\13\ See 19 CFR 351.303.
\14\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'').
\15\ See Temporary Rule.
---------------------------------------------------------------------------
Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, not later than 120 days after the publication date of this
notice, unless otherwise extended.\16\
---------------------------------------------------------------------------
\16\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries.\17\ If the weighted
average dumping margin for Kenertec is not zero or de minimis (i.e.,
less than 0.5 percent), we will calculate importer-specific ad valorem
antidumping duty assessment rates based on the ratio of the total
amount of dumping calculated for each importer's examined sales to the
total entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\18\ Where the respondent did not report entered value,
we will calculate the entered value in order to calculate the
assessment rate. If the weighted-average dumping margin for Kennetec is
zero or de minimis in the final results, or an importer-specific
assessment rate is zero or de minimis in the final results, we will
instruct CBP to liquidate such entries without regard to antidumping
duties.
---------------------------------------------------------------------------
\17\ See 19 CFR 351.212(b).
\18\ In these preliminary results, Commerce applied the
assessment rate calculation adopted in Antidumping Proceedings:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings: Final Modification, 77 FR
8101 (February 14, 2012) (Final Modification for Reviews).
---------------------------------------------------------------------------
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Kennetec for which it
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 a full discussion of this
matter, see Assessment Policy Notice.\19\
---------------------------------------------------------------------------
\19\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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
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 Kennetec will be
that 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; and (2) for previously reviewed or investigated companies
not participating in this review, the cash deposit rate will continue
to be the company-specific rate published for the most recently-
completed segment of this proceeding in which the company was reviewed
or investigated; (3) if the exporter is not a firm covered in this
review or previous segment, but the producer is, then the cash deposit
rate will be the 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 8.53
percent, the all-others rate established in the less-than-fair-value
investigation.\20\
---------------------------------------------------------------------------
\20\ See Order.
---------------------------------------------------------------------------
These deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice 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
[[Page 54480]]
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: August 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Verification
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2022-19192 Filed 9-2-22; 8:45 am]
BILLING CODE 3510-DS-P
