Utility Scale Wind Towers From Indonesia: Final Results of Antidumping Duty Administrative Review; 2021-2022, 17379-17381 [2024-05064]
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Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Notices
submitted within 30 days of the
publication of this notice on the
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particular information collection by
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entering either the title of the collection
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Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2024–05042 Filed 3–8–24; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–57–2023]
Foreign-Trade Zone (FTZ) 61;
Authorization of Production Activity;
AIAC International Pharma, LLC;
(Pharmaceutical Products); Arecibo,
Puerto Rico
On November 7, 2023, AIAC
International Pharma, LLC submitted a
notification of proposed production
activity to the FTZ Board for its facility
within Subzone 61D, in Arecibo, Puerto
Rico.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (88 FR 77952,
November 14, 2023). On March 6, 2024,
the applicant was notified of the FTZ
Board’s decision that no further review
of the activity is warranted at this time.
The production activity described in the
notification was authorized, subject to
the FTZ Act and the FTZ Board’s
regulations, including section 400.14.
Dated: March 6, 2024.
Elizabeth Whiteman,
Executive Secretary.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2024–05109 Filed 3–8–24; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
International Trade Administration
Bureau of Industry and Security
Materials and Equipment Technical
Advisory Committee; Notice of Open
Meeting—Virtual
The Materials and Equipment
Technical Advisory Committee will
meet on March 26, 2024, 10 a.m.,
eastern daylight time. This meeting will
be virtual via MS Teams. The
Committee advises the Office of the
Jkt 262001
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,
AGENCY:
DEPARTMENT OF COMMERCE
ddrumheller on DSK120RN23PROD with NOTICES1
Open Session
1. Opening Remarks and Introduction
by BIS Senior Management.
2. Presentation on 2B350
Manufactured Equipment
3. Presentations from METAC
members.
4. Report from working groups.
The open session will be accessible
via teleconference. To join the
conference, submit inquiries to Yvette
Springer at Yvette.Springer@bis.doc.gov,
no later than March 19, 2024.
To the extent time permits, members
of the public may present oral
statements to the Committee. The public
may submit written statements at any
time before or after the meeting.
However, to facilitate distribution of
public presentation materials to
Committee members, the Committee
suggests that presenters forward the
public presentation materials prior to
the meeting to Ms. Springer.
For more information, contact Ms.
Springer.
Utility Scale Wind Towers From
Indonesia: Final Results of
Antidumping Duty Administrative
Review; 2021–2022
BILLING CODE 3510–DS–P
18:24 Mar 08, 2024
Agenda
[A–560–833]
[FR Doc. 2024–05113 Filed 3–8–24; 8:45 am]
VerDate Sep<11>2014
Assistant Secretary for Export
Administration with respect to technical
questions that affect the level of export
controls applicable to transportation
and related equipment or technology.
The purpose of the meeting is to have
Committee members and U.S.
Government representatives mutually
review updated technical data and
policy-driving information that has been
gathered.
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17379
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).
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
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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Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Notices
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
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 https://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
ddrumheller on DSK120RN23PROD with NOTICES1
Final Results of the Review
As a result of this review, we
determine the following weightedaverage dumping margin exists for the
period August 1, 2021, through July 31,
2022:
Exporter or producer
Weightedaverage
dumping
margin
(percent)
PT. Kenertec Power System ......
1.78
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 importerspecific 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-fairvalue (LTFV) investigation of 8.53
percent ad valorem,10 if there is no rate
for the intermediate company(ies)
involved in the transaction.
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).
Disclosure
Commerce intends to disclose the
calculations performed in connection
with these final results of review to
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
8 For a complete description of the scope of the
Order, see the Issues and Decision Memorandum at
2–3.
9 Id.
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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18:24 Mar 08, 2024
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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 companyspecific 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 allothers rate established in the LTFV
investigation for this proceeding.11
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
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).
11 Id.
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Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Notices
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
DEPARTMENT OF COMMERCE
International Trade Administration
[C–428–853, C–533–925, C–518–002, C–274–
811]
Melamine From Germany, India, Qatar,
and Trinidad and Tobago: Initiation of
Countervailing Duty Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable March 5, 2024.
FOR FURTHER INFORMATION CONTACT: Bob
Palmer or Faris Montgomery (Germany),
Paul Kebker or Dylan Hill (India), Sofia
Pedrelli (Qatar), and Colin Thrasher
(Trinidad and Tobago), AD/CVD
Operations, Offices VIII, IV, II, and V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–9068,
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
VerDate Sep<11>2014
18:24 Mar 08, 2024
Jkt 262001
(202) 482–1537, (202) 482–2254, (202)
482–1197, (202) 482–4310, or (202) 482–
3004, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On February 14, 2024, the U.S.
Department of Commerce (Commerce)
received countervailing duty (CVD)
petitions concerning imports of
melamine from Germany, India, Qatar,
and Trinidad and Tobago filed in proper
form on behalf of Cornerstone Chemical
Company (the petitioner).1 The CVD
petitions were accompanied by
antidumping duty (AD) petitions
concerning imports of melamine from
Germany, India, Japan, the Netherlands,
Qatar, and Trinidad and Tobago.2
Between February 16 and 20, 2024,
Commerce requested supplemental
information pertaining to certain aspects
of the Petitions.3 Between February 22
and 26, 2024, the petitioner filed timely
responses to these requests for
additional information.4
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of Germany (GOG), the
Government of India (GOI), the
Government of Qatar (GOQ), and the
Government of Trinidad and Tobago
(GOTT) (collectively, Governments) are
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of
melamine from Germany, India, Qatar,
and Trinidad and Tobago, respectively,
and that such imports are materially
injuring, or threatening material injury
to, the domestic industry producing
1 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties,’’ dated February 14, 2024 (the Petitions).
2 Id.
3 See Commerce’s Letters, ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Melamine from the Federal Republic of Germany:
Supplemental Questions,’’ dated February 20, 2024;
‘‘Petition for the Imposition of Countervailing
Duties on Imports of Melamine from India:
Supplemental Questions,’’ dated February 20, 2024;
‘‘Petition for the Imposition of Countervailing
Duties on Imports of Melamine from the State of
Qatar: Supplemental Questions,’’ dated February
16, 2024; and ‘‘Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports
of Melamine from Germany, India, Japan, the
Netherlands, Qatar, and Trinidad and Tobago:
Supplemental Questions,’’ dated February 16, 2024
(General Issues Questionnaire).
4 See Petitioner’s Letters, ‘‘Petitioner’s Response
to Volume I General Issues Supplemental
Questionnaire,’’ dated February 22, 2024 (General
Issues Supplement); ‘‘Petitioner’s Response to
Volume VIII Supplemental Questionnaire (Germany
Countervailing Duties),’’ dated February 23, 2024
(Germany CVD Supplement); ‘‘Petitioner’s
Response to Volume IX Supplemental
Questionnaire (India Countervailing Duties),’’ dated
February 26, 2024; and ‘‘Petitioner’s Response to
Volume X Supplemental Questionnaire (Qatar
Countervailing Duties),’’ dated February 22, 2024.
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17381
melamine in the United States.
Consistent with section 702(b)(1) of the
Act and 19 CFR 351.202(b), for those
alleged programs on which we are
initiating CVD investigations, the
Petitions were accompanied by
information reasonably available to the
petitioner supporting its allegations.
Commerce finds that the petitioner
filed the Petitions on behalf of the
domestic industry because the
petitioner is an interested party as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support with respect to the initiation of
the requested CVD investigations.5
Periods of Investigation
Because the Petitions were filed on
February 14, 2024, the periods of
investigation (POI) for Germany, India,
Qatar, and Trinidad and Tobago are
January 1, 2023, through December 31,
2023.6
Scope of the Investigations
The merchandise covered by these
investigations is melamine from
Germany, India, Qatar, and Trinidad
and Tobago. For a full description of the
scope of these investigations, see the
appendix to this notice.
Comments on the Scope of the
Investigations
On February 16, 2024, Commerce
requested information and clarification
from the petitioner regarding the
proposed scope to ensure that the scope
language in the Petitions is an accurate
reflection of the products for which the
domestic industry is seeking relief.7 On
February 22, 2024 the petitioner
provided clarifications and revised the
scope.8 The description of merchandise
covered by these investigations, as
described in the appendix to this notice,
reflects these revisions.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).9 Commerce will consider
all comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determinations. If scope comments
include factual information, all such
factual information should be limited to
5 See section on ‘‘Determination of Industry
Support for the Petitions,’’ infra.
6 See 19 CFR 351.204(b)(2).
7 See General Issues Questionnaire.
8 See General Issues Supplement at 5–8.
9 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
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]]>Agencies
[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]
-----------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\8\ For a complete description of the scope of the Order, see
the Issues and Decision Memorandum at 2-3.
---------------------------------------------------------------------------
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 https://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\
---------------------------------------------------------------------------
\9\ Id.
---------------------------------------------------------------------------
Final Results of the Review
As a result of this review, we determine the following weighted-
average dumping margin exists for the period August 1, 2021, through
July 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
PT. Kenertec Power System.................................. 1.78
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review to interested parties
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of the notice of final results in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of dumping calculated for each importer's examined sales and the total
entered value of those sales. Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19
CFR 351.106(c)(1), or an importer-specific assessment rate is de
minimis (i.e., less than 0.5 percent), we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
For entries of subject merchandise during the POR produced by
Kenertec for which it did not know that its merchandise was destined
for the United States, we will instruct CBP to liquidate such entries
at the all-others rate established in the less-than-fair-value (LTFV)
investigation of 8.53 percent ad valorem,\10\ if there is no rate for
the intermediate company(ies) involved in the transaction.
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\10\ See Utility Scale Wind Towers from Indonesia: Final
Determination of Sales at Less Than Fair Value and Final Negative
Determination of Critical Circumstances, 85 FR 40231, 40232 (July 6,
2020).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
Upon publication of this notice in the Federal Register, the
following cash deposit requirements will be effective for all shipments
of the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the publication date of the final results of
this administrative review, as provided by section 751(a)(2) of the
Act: (1) the cash deposit rate for the company subject to this review
will be equal to the weighted-average dumping margin established in
these finals results of the review; (2) for merchandise exported by
producers or exporters not covered in this review but covered in a
prior completed segment of the proceeding, the cash deposit rate will
continue to be the company-specific rate published in the completed
segment for the most recent period; (3) if the exporter is not a firm
covered in this review, a prior review, or the LTFV investigation, but
the producer has been covered in a prior completed segment of this
proceeding, then the cash deposit rate will be the rate established in
the completed segment for the most recent period for the producer of
the merchandise; and (4) the cash deposit rate for all other producers
or exporters will continue to be 8.53 percent, the all-others rate
established in the LTFV investigation for this proceeding.\11\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
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\11\ Id.
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).
[[Page 17381]]
Dated: March 5, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Packing Expenses
Comment 2: Whether Commerce Should Increase the Reported Cost of
Production (COP) to Account for Affiliate Services
Comment 3: Whether Labor and Overhead Expenses Assigned to Non-
Wind Towers Should Be Assigned to Wind Towers
Comment 4: Arm's Length Nature of Movement Expenses
Comment 5: Whether Commerce Should Use Production Costs Without
Auditor's Adjustment
Comment 6: Whether Commerce Should Recalculate the Reported
General and Administrative (G&A) and Interest Expenses
Comment 7: Deduction of Comparison Market Sales Expenses
Comment 8: Application of the Comparison Market Revenue Cap
Comment 9: Application of the U.S. Market Revenue Cap
Comment 10: Direct Selling Expenses in U.S. Market
Comment 11: Constructed Value (CV) and Which Financial
Statements, If Any, Commerce Should Use
VI. Recommendation
[FR Doc. 2024-05064 Filed 3-8-24; 8:45 am]
BILLING CODE 3510-DS-P
