Utility Scale Wind Towers From Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 61523-61525 [2023-19333]
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Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices
Assessment
Commerce will instruct CBP to assess
antidumping duties on all appropriate
entries. Antidumping duties shall be
assessed at rates equal to the cash
deposit of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue assessment instructions to CBP
no earlier than 35 days after the date of
publication of this rescission notice in
the Federal Register.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
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). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
Dated: August 31, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–19209 Filed 9–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–833]
Utility Scale Wind Towers From
Indonesia: Preliminary Results of
Antidumping Duty Administrative
Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that utility scale wind towers
(wind towers) from Indonesia were sold
at less than normal value during the
period of review (POR) August 1, 2021,
through July 31, 2022. We invite
interested parties to comment on these
preliminary results of review.
DATES: Applicable September 7, 2023.
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FOR FURTHER INFORMATION CONTACT:
Methodology
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;
email: amaris.wade@trade.gov.
SUPPLEMENTARY INFORMATION:
Commerce is conducting this review
in accordance with sections 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 these
preliminary results, 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.
Background
On August 26, 2020, Commerce
published in the Federal Register the
antidumping duty (AD) order on wind
towers from Indonesia.1 On August 2,
2022, Commerce published in the
Federal Register a notice of opportunity
to request an administrative review of
the Order.2 On October 11, 2022, based
on timely requests for review, in
accordance with 19 CFR
351.221(c)(1)(i), we initiated an AD
administrative review of P.T. Kenertec
Power System (Kenertec), GE Indonesia,
GE Renewable Energy, General Electric
Indonesia, Korindo Wind, Nordex SE,
PT. Siemens Gamesa Renewable Energy,
and Siemens Gamesa Renewable
Energy.3 On October 25, 2022,
Commerce issued the AD questionnaire
to Kenertec.4
On April 21, 2023, Commerce
extended the preliminary results of this
review until August 31, 2023.5 For a
complete description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum.6
Scope of the Order
The products covered by the Order
are utility scale wind towers from
Indonesia.7
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 (August 26, 2020) (Order), 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).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 47187 (August 2, 2022).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
61278 (October 11, 2022).
4 See Commerce’s Letter, ‘‘Request for
Information,’’ dated October 25, 2022.
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2021–2022 Antidumping
Duty Administrative Review,’’ dated April 21, 2023.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review; 2021–2022: Utility Scale
Wind Towers from Indonesia,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
7 For a complete description of the scope of the
Order, see Preliminary Decision Memorandum.
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Sfmt 4703
Rate for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a market economy
investigation, for guidance when
calculating the rate for companies that
were not selected for individual
examination in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely on the
basis of facts available.
In this review, the following seven
companies were not selected for
individual examination: GE Indonesia;
GE Renewable Energy; General Electric
Indonesia; Korindo Wind; Nordex SE;
PT. Siemens Gamesa Renewable Energy;
and Siemens Gamesa Renewable
Energy. Because we have preliminarily
calculated a weighted-average dumping
margin for a single respondent,
Kenertec, which is not zero, de minimis,
or determined entirely based on facts
available, in accordance with section
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Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices
735(c)(5)(A) of the Act, we assigned the
weighted-average dumping margin we
calculated for Kenertec in this
administrative review to the companies
not selected for individual examination.
Preliminary Results of Review
We preliminarily determine that the
following estimated weighted-average
dumping margins exist for the period
August 1, 2021, through July 31, 2022:
Producer/exporter
Weightedaverage
dumping
margin
(percent)
P.T. Kenertec Power System
GE Indonesia ........................
GE Renewable Energy .........
General Electric Indonesia ...
Korindo Wind ........................
Nordex SE ............................
PT. Siemens Gamesa Renewable Energy ................
Siemens Gamesa Renewable Energy .......................
3.06
3.06
3.06
3.06
3.06
3.06
3.06
3.06
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Disclosure and Public Comment
Commerce intends to disclose the
calculations performed to interested
parties within five days after public
announcement, or if there is no public
announcement, within five days of the
publication date, of the preliminary
results.8 Interested parties may submit
case briefs no later than 30 days after
the date of publication of this notice.9
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than seven days after the deadline for
filing case briefs.10 Interested 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.11 Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.12
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.13 Hearing requests should
contain: (1) the party’s name, address,
and telephone number; (2) the number
8 See
19 CFR 351.224(b).
19 CFR 351.309(c).
10 Commerce is exercising its discretion, under 19
CFR 351.309(d)(1), to alter the time limit for filing
of rebuttal briefs.
11 See 19 CFR 351.309(c)(2) and (d)(2).
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
13 See 19 CFR 351.310(c).
9 See
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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. If a request
for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. 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 completion of the final results
of this administrative review, Commerce
shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries.14 If the weighted average
dumping margin for Kenertec is not zero
or de minimis (i.e., less than 0.5 percent)
in the final results of this review, we
intend to 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).15
If the weighted-average dumping margin
or an importer-specific assessment rate
is zero or de minimis in the final results
of review, we intend to instruct CBP to
liquidate entries without regard to
antidumping duties.16 The final results
of this administrative 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.17
For entries of subject merchandise
during the POR produced by Kenertec
for which it did not know that the
merchandise it sold was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.18
For the companies that were not
selected for individual examination, we
will instruct CBP to liquidate entries at
the rate established after the completion
of the final results of review.
14 See
19 CFR 351.212(b).
Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
16 Id. 77 FR at 8102; see also 19 CFR
351.106(c)(2).
17 See section 751(a)(2)(C) of the Act.
18 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
15 See
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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
The following cash deposit
requirements will be effective upon
publication in the Federal Register of
the notice of final results of
administrative review for all shipments
of wind towers from Indonesia entered,
or withdrawn from warehouse, for
consumption on or after the date of
publication as provided by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for the respondents listed
above will be equal to the weightedaverage 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 merchandise exported by a
company not covered in this review but
covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific
cash deposit rate published in the
completed segment for the most recent
period; (3) if the exporter is not a firm
covered in this review, or a previous
segment, but the producer is, 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 8.50 percent, the all-others rate
established in the less-than-fair-value
investigation.19 These deposit
requirements, when imposed, shall
remain in effect until further notice.
Final Results of Review
Unless the deadline is otherwise
extended, Commerce intends to issue
the final results of this administrative
review, including the results of its
analysis of issues raised by interested
parties in the written comments, within
120 days of publication of these
preliminary results in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
19 See
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Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices
Notification to Importers
This notice 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 double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
Dated: August 31, 2023.
Lisa W. Wang,
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. Currency Conversion
VI. Recommendation
[FR Doc. 2023–19333 Filed 9–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam:
Preliminary Results of Antidumping
Duty Administrative Review,
Preliminary Determination of No
Shipments, and Notice of Intent To
Rescind, in Part; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is conducting an
administrative review of the
antidumping duty order on certain
frozen fish fillets (fish fillets) from the
Socialist Republic of Vietnam
(Vietnam). The period of review (POR)
is August 1, 2021, through July 31, 2022.
Commerce preliminarily determines
that certain exporters made sales of
subject merchandise at prices below NV
during the POR, and that 10 exporters
did not have shipments during the POR.
We invite interested parties to comment
on these preliminary results.
DATES: Applicable September 7, 2023.
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FOR FURTHER INFORMATION CONTACT:
Javier Barrientos or Christopher
Maciuba, AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2243 or
(202) 482–0413, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 11, 2022, Commerce
initiated an administrative review of the
antidumping duty order on fish fillets
from Vietnam in accordance with 19
CFR 351.221(c)(1)(i) and section 751(a)
of the Tariff Act of 1930, as amended
(the Act).1 This review covers 25
exporters, including the Vietnam-wide
entity.2 We selected two exporters, Vinh
Hoan Corporation (Vinh Hoan) and Can
Tho Import Export Seafood Joint Stock
Company (CASEAMEX), for individual
examination as mandatory
respondents.3 On April 19, 2023,
Commerce extended the deadline for
these preliminary results to August 31,
2023.4
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.5 A list of the
topics discussed in the Preliminary
Decision Memorandum is included in
Appendix I 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
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
61278 (October 11, 2022) (Initiation Notice).
2 See Memorandum, ‘‘Respondent Selection,’’
dated January 8, 2021 (Respondent Selection
Memorandum). The Initiation Notice listed 134
company/entity names. See Initiation Notice, 87 FR
at 61281–84. We treated all companies (i.e., 109
companies) without a preliminary separate rate (or
an existing separate rate and a no shipment claim)
as part of the Vietnam-wide entity.
3 See Respondent Selection Memorandum. See
also Memorandum, ‘‘Selection of Replacement
Respondent for Individual Review,’’ dated February
3, 2023.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of the 2021–2022 Antidumping
Duty Administrative Review,’’ dated April 19, 2023.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review: Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam; 2021–
2022,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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61525
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Order
The products covered by this order
are fish fillets from Vietnam. For a full
description of the scope of the order, see
the Preliminary Decision Memorandum.
Preliminary Determination of No
Shipments
Based on an analysis of information
from U.S. Customs and Border
Protection (CBP) and letters filed by 10
companies certifying no shipments,
Commerce preliminarily determines
that the companies listed in Appendix
III had no shipments during the POR.6
For additional information regarding
this finding, see the Preliminary
Decision Memorandum.
Consistent with our assessment
practice in non-market economy (NME)
administrative reviews, Commerce is
not rescinding this review for these 10
companies but, instead, intends to
complete the review and issue
appropriate instructions to CBP based
on the final results of the review.7
Separate Rates
Commerce preliminarily determines
that information placed on the record by
mandatory respondents CASEAMEX,
Vinh Hoan, and four separate rate
applicants (Cafatex Corporation,
International Development and
Investment Corporation, Loc Kim Chi
Seafood Joint Stock Company, and the
Hung Vuong Corporation) demonstrates
that these companies are entitled to
separate rate status. For additional
information, see the Preliminary
Decision Memorandum.
Vietnam-Wide Entity
The Vietnam-wide entity will not be
under review unless a party specifically
requests, or Commerce self-initiates, a
review of the entity. In this
administrative review, the petitioners 8
6 Three additional exporters also certified that
they had no shipments during the POR. However,
because these exporters have not established their
eligibility for a separate rate, we consider them to
be part of the Vietnam-wide entity. Thus, we
preliminarily find that it would be inappropriate to
make an individual no-shipment determination
with respect to these exporters. Additionally,
certain other companies that filed no shipment
statements are among the companies for which we
have announced our intent to rescind this review.
See Appendix II.
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011), and the
‘‘Assessment Rates’’ section, below.
8 The petitioners are the Catfish Farmers of
America and individual U.S. catfish processors
America’s Catch, Inc., Alabama Catfish, LLC d/b/a
Harvest Select Catfish, Inc., Consolidated Catfish
E:\FR\FM\07SEN1.SGM
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07SEN1
]]>Agencies
[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Pages 61523-61525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19333]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-833]
Utility Scale Wind Towers From Indonesia: Preliminary 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) preliminarily finds
that utility scale wind towers (wind towers) from Indonesia were sold
at less than normal value during the period of review (POR) August 1,
2021, through July 31, 2022. We invite interested parties to comment on
these preliminary results of review.
DATES: Applicable September 7, 2023.
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; email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
On August 26, 2020, Commerce published in the Federal Register the
antidumping duty (AD) order on wind towers from Indonesia.\1\ On August
2, 2022, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the Order.\2\ On
October 11, 2022, based on timely requests for review, in accordance
with 19 CFR 351.221(c)(1)(i), we initiated an AD administrative review
of P.T. Kenertec Power System (Kenertec), GE Indonesia, GE Renewable
Energy, General Electric Indonesia, Korindo Wind, Nordex SE, PT.
Siemens Gamesa Renewable Energy, and Siemens Gamesa Renewable
Energy.\3\ On October 25, 2022, Commerce issued the AD questionnaire to
Kenertec.\4\
---------------------------------------------------------------------------
\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 (August 26, 2020) (Order), 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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 47187 (August 2,
2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 61278 (October 11, 2022).
\4\ See Commerce's Letter, ``Request for Information,'' dated
October 25, 2022.
---------------------------------------------------------------------------
On April 21, 2023, Commerce extended the preliminary results of
this review until August 31, 2023.\5\ For a complete description of the
events that followed the initiation of this review, see the Preliminary
Decision Memorandum.\6\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated
April 21, 2023.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022:
Utility Scale Wind Towers from Indonesia,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are utility scale wind towers
from Indonesia.\7\
---------------------------------------------------------------------------
\7\ For a complete description of the scope of the Order, see
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with sections
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 these
preliminary results, 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.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy investigation, for guidance when calculating the rate for
companies that were not selected for individual examination in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero or de
minimis margins, and any margins determined entirely on the basis of
facts available.
In this review, the following seven companies were not selected for
individual examination: GE Indonesia; GE Renewable Energy; General
Electric Indonesia; Korindo Wind; Nordex SE; PT. Siemens Gamesa
Renewable Energy; and Siemens Gamesa Renewable Energy. Because we have
preliminarily calculated a weighted-average dumping margin for a single
respondent, Kenertec, which is not zero, de minimis, or determined
entirely based on facts available, in accordance with section
[[Page 61524]]
735(c)(5)(A) of the Act, we assigned the weighted-average dumping
margin we calculated for Kenertec in this administrative review to the
companies not selected for individual examination.
Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period August 1, 2021, through
July 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
P.T. Kenertec Power System.............................. 3.06
GE Indonesia............................................ 3.06
GE Renewable Energy..................................... 3.06
General Electric Indonesia.............................. 3.06
Korindo Wind............................................ 3.06
Nordex SE............................................... 3.06
PT. Siemens Gamesa Renewable Energy..................... 3.06
Siemens Gamesa Renewable Energy......................... 3.06
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed to
interested parties within five days after public announcement, or if
there is no public announcement, within five days of the publication
date, of the preliminary results.\8\ Interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice.\9\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than seven days after the deadline for
filing case briefs.\10\ Interested 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.\11\ Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\12\
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\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(c).
\10\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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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.\13\ 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. Issues raised in the hearing will be
limited to those raised in the respective case briefs. If a request for
a hearing is made, Commerce intends to hold the hearing at a time and
date to be determined. 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.
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\13\ See 19 CFR 351.310(c).
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Assessment Rates
Upon completion of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries.\14\ If the
weighted average dumping margin for Kenertec is not zero or de minimis
(i.e., less than 0.5 percent) in the final results of this review, we
intend to 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).\15\
If the weighted-average dumping margin or an importer-specific
assessment rate is zero or de minimis in the final results of review,
we intend to instruct CBP to liquidate entries without regard to
antidumping duties.\16\ The final results of this administrative 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.\17\
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\14\ See 19 CFR 351.212(b).
\15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101 (February 14, 2012).
\16\ Id. 77 FR at 8102; see also 19 CFR 351.106(c)(2).
\17\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by
Kenertec for which it did not know that the merchandise it sold was
destined for the United States, 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.\18\
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\18\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For the companies that were not selected for individual
examination, we will instruct CBP to liquidate entries at the rate
established after the completion of the final results of review.
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 cash deposit requirements will be effective upon
publication in the Federal Register of the notice of final results of
administrative review for all shipments of wind towers from Indonesia
entered, or withdrawn from warehouse, for consumption on or after the
date of publication as provided by section 751(a)(2)(C) of the Act: (1)
the cash deposit rate for the respondents 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 merchandise
exported by a company not covered in this review but covered in a prior
segment of the proceeding, the cash deposit rate will continue to be
the company-specific cash deposit rate published in the completed
segment for the most recent period; (3) if the exporter is not a firm
covered in this review, or a previous segment, but the producer is,
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 8.50 percent, the all-others rate
established in the less-than-fair-value investigation.\19\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\19\ See Order.
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Final Results of Review
Unless the deadline is otherwise extended, Commerce intends to
issue the final results of this administrative review, including the
results of its analysis of issues raised by interested parties in the
written comments, within 120 days of publication of these preliminary
results in the Federal Register, pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(1).
[[Page 61525]]
Notification to Importers
This notice 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 double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: August 31, 2023.
Lisa W. Wang,
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. Currency Conversion
VI. Recommendation
[FR Doc. 2023-19333 Filed 9-6-23; 8:45 am]
BILLING CODE 3510-DS-P
