Utility Scale Wind Towers From the Republic of Korea: Preliminary Results and Rescission of Review, in Part, of Antidumping Duty Administrative Review; 2022-2023, 74880-74882 [2024-20778]
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74880
Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
entered, or withdrawn from warehouse,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
company-specific cash deposit rate for
SMPC will be equal to the weightedaverage dumping margin established in
the final results of this administrative
review, except if the rate is de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
previously reviewed or investigated
companies not listed above, 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
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or in the LTFV investigation but
the producer is, the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be the all-others rate of
10.77 percent, the rate established in the
LTFV investigation of this proceeding.19
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
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) of the Act, and 19 CFR
351.213(h)(2) and 19 CFR 351.221(b)(4).
khammond on DSKJM1Z7X2PROD with NOTICES
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
19 See
Order, 84 FR at 41704.
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17:53 Sep 12, 2024
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III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024–20750 Filed 9–12–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–902]
Utility Scale Wind Towers From the
Republic of Korea: Preliminary Results
and Rescission of Review, in Part, of
Antidumping Duty Administrative
Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that sales of utility scale
wind towers (wind towers) from the
Republic of Korea (Korea) were not
made at less than normal value (NV)
during the period of review (POR)
August 1, 2022, through July 31, 2023.
Additionally, Commerce is rescinding
this administrative review, in part, with
respect to certain companies that had no
entries of subject merchandise during
the POR. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT:
Adam Simons, AD/CVD Operations,
Office IX, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6172.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 26, 2020, Commerce
published the antidumping duty order
on utility scale wind towers (wind
towers) from the Republic of Korea
(Korea) in the Federal Register.1 On
October 18, 2023, based on timely
requests for review, in accordance with
19 CFR 351.221(c)(1)(i), we initiated an
administrative review of the Order on
wind towers from Korea.2 This review
covers 16 producers/exporters of the
subject merchandise. In April 2024, we
extended the deadline for issuing the
preliminary results of this review until
1 See Utility Scale Wind Towers from Canada,
Indonesia, the Republic of Korea, and the Socialist
Republic of Vietnam: Antidumping Duty Orders, 85
FR 52546, 52547 (August 26, 2020) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
71829 (October 18, 2023) (Initiation Notice).
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Sfmt 4703
August 30, 2024.3 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.4 The deadline for the preliminary
results is now September 6, 2024. For a
complete description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum.5
Scope of the Order
The merchandise subject to the Order
is wind towers from Korea. For a full
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(3),
Commerce will rescind an
administrative review when there are no
reviewable entries of subject
merchandise during the POR for which
liquidation is suspended.6 Normally,
upon completion of an administrative
review, the suspended entries are
liquidated at the antidumping duty
assessment rate calculated for the
review period.7 Therefore, for an
administrative review to be conducted,
there must be a suspended entry that
Commerce can instruct CBP to liquidate
at the antidumping duty assessment rate
calculated for the POR.8
On December 20, 2023, we notified all
interested parties of our intent to
rescind this review, in part, with respect
to the 15 companies listed in Appendix
II because there were no suspended
entries of subject merchandise produced
or exported by these companies during
the POR and we invited interested
parties to comment.9 We received no
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated April 12, 2024.
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on Utility
Scale Wind Towers from Korea; 2022–2023,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
6 See, e.g., Dioctyl Terephthalate from the
Republic of Korea: Rescission of Antidumping
Administrative Review; 2021–2022, 88 FR 24758
(April 24, 2023); see also Certain Carbon and Alloy
Steel Cut-to Length Plate from the Federal Republic
of Germany: Recission of Antidumping
Administrative Review; 2020–2021, 88 FR 4157
(January 24, 2023).
7 See 19 CFR 351.212(b)(1).
8 See 19 CFR 351.213(d)(3).
9 See Memorandum, ‘‘Notice of Intent to Rescind
Review, in Part,’’ dated December 20, 2023 (Intent
to Rescind Memorandum). We note that this
memorandum incorrectly listed ‘‘Renewable
Energy’’ as one of the companies for which
Commerce intended to rescind this review.
However, Commerce did not initiate a review with
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khammond on DSKJM1Z7X2PROD with NOTICES
comments on the Intent to Rescind
Memorandum. Accordingly, Commerce
is rescinding this review with respect to
the companies listed in Appendix II, in
accordance with 19 CFR 351.213(d)(3).
case briefs or rebuttal briefs in this
administrative review must submit: (1)
a table of contents listing each issue;
and (2) a table of authorities.11
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
Methodology
proceedings we have encouraged
Commerce is conducting this review
interested parties to provide an
in accordance with section 751(a) of the executive summary of their brief that
Tariff Act of 1930, as amended (the Act). should be limited to five pages total,
Export price is calculated in accordance including footnotes. In this review, we
with section 772 of the Act. NV is
instead request that interested parties
calculated in accordance with section
provide at the beginning of their briefs
773 of the Act. For a full description of
a public, executive summary for each
the methodology underlying our
issue raised in their briefs.12 Further, we
conclusions, see the Preliminary
request that interested parties limit their
Decision Memorandum. The
executive summary of each issue to no
Preliminary Decision Memorandum is a more than 450 words, not including
public document and is on file
citations. We intend to use the executive
electronically via Enforcement and
summaries as the basis of the comment
Compliance’s Antidumping and
summaries included in the issues and
Countervailing Duty Centralized
decision memorandum that will
Electronic Service System (ACCESS).
accompany the final results in this
ACCESS is available to registered users
administrative review. We request that
at https://access.trade.gov. In addition, a interested parties include footnotes for
complete version of the Preliminary
relevant citations in the executive
Decision Memorandum can be accessed summary of each issue. Note that
directly at https://access.trade.gov/
Commerce has amended certain of its
public/FRNoticesListLayout.aspx. A list requirements pertaining to the service of
of the topics discussed in the
documents in 19 CFR 351.303(f).13
Pursuant to 19 CFR 351.310(c),
Preliminary Decision Memorandum is
interested parties who wish to request a
attached in Appendix I of this notice.
hearing must submit a written request to
Preliminary Results of Review
the Assistant Secretary for Enforcement
As a result of this review, we
and Compliance, filed electronically via
preliminarily determine the following
ACCESS. Requests should contain: (1)
estimated weighted-average dumping
the party’s name, address, and
margin for the period August 1, 2022,
telephone number; (2) the number of
through July 31, 2023:
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
Weighted- will be limited to those raised in the
average
respective case briefs. An electronically
Producer/exporter
dumping
filed hearing request must be received
margin
(percent)
successfully in its entirety by
Commerce’s electronic records system,
Dongkuk S&C Co., Ltd ...............
0.00
ACCESS, by 5 p.m. Eastern Time within
30 days after the date of publication of
Disclosure and Public Comment
this notice.
Commerce intends to disclose its
Assessment Rates
calculations and analysis performed to
Upon issuing the final results,
interested parties for these preliminary
Commerce shall determine, and U.S.
results within five days of any public
Customs and Border Protection (CBP)
announcement or, if there is no public
shall assess, antidumping duties on all
announcement, within five days of the
appropriate entries. Pursuant to 19 CFR
date of publication of this notice in
351.212(b)(1), because Dongkuk
accordance with 19 CFR 351.224(b).
reported the entered value of its U.S.
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs sales, we calculated importer-specific
ad valorem duty assessment rates based
no later than 30 days after the date of
on the ratio of the total amount of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
Procedures in Antidumping and Countervailing
case briefs, may be filed not later than
Duty Proceedings, 88 FR 67069, 67077 (September
five days after the date for filing case
29, 2023) (APO and Service Final Rule).
briefs.10 Interested parties who submit
11 See 19 CFR 351.309(c)(2) and (d)(2).
respect to this company. See Initiation Notice, 88
FR at 71831–71832.
10 See 19 CFR 351.309(d)(1); see also
Administrative Protective Order, Service, and Other
VerDate Sep<11>2014
17:53 Sep 12, 2024
Jkt 262001
12 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
13 See APO and Service Final Rule.
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74881
dumping calculated for the examined
sales to the total entered value of those
sales. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis within the meaning
of 19 CFR 351.106(c)(1), or an importerspecific rate is zero or de minimis, we
will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
Commerce’s ‘‘automatic assessment’’
practice will apply to entries of subject
merchandise during the POR produced
by Dongkuk for which Dongkuk did not
know that the merchandise it sold to the
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.
For the companies listed in Appendix
II for which we are rescinding the
review, we will instruct CBP to assess
antidumping duties on all appropriate
entries at rates equal to the cash deposit
of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue these rescission instructions to
CBP no earlier than 35 days after the
date of publication of this notice in the
Federal Register.
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable. Commerce intends to issue
assessment instructions to CBP
regarding Dongkuk no earlier than 35
days after the date of publication of the
final results of this review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the company listed
above will be that established in the
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74882
Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
final results of this review, except if the
rate is less than 0.50 percent and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for previously investigated or
reviewed companies not covered in this
review, the cash deposit rate will
continue to be the company-specific
cash deposit rate published for the most
recently completed segment of this
proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this review, or the lessthan-fair-value (LTFV) investigation, but
the manufacturer is, then the cash
deposit rate will be the rate established
for the most recent segment for the
manufacturer of the merchandise; and
(4) the cash deposit rate for all other
manufacturers or exporters will
continue to be 5.41 percent, the allothers rate established in the LTFV
investigation.14 These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
khammond on DSKJM1Z7X2PROD with NOTICES
Appendix II
Companies for Which Commerce Is
Rescinding the Review
1. CS Wind China Co., Ltd.
2. CS Wind Corporation.
3. CS Wind Malaysia Sdn. Bhd.
4. CS Wind Taiwan Ltd.
14 See
Order, 85 FR at 52547.
VerDate Sep<11>2014
17:53 Sep 12, 2024
Jkt 262001
5. CS Wind Turkey Kule Imalati A.S.
6. CS Wind UK Limited.
7. CS Wind Vietnam Co., Ltd.
8. CS Wind Portugal, S. A.
9. Enercon Korea Inc.
10. GE Renewable Energy
11. Hyosung Heavy Industries
12. Nordex SE
13. Siemens Gamesa Renewable Energy
Limited
14. Vestas Korea
15. Vestas Korea Wind Technology Ltd.
[FR Doc. 2024–20778 Filed 9–12–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–909]
Certain Steel Nails From the People’s
Republic of China: Preliminary Results
of Antidumping Duty Administrative
Review and Intent To Rescind, in Part;
2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that Shanghai Yueda Nails
Co., Ltd., a.k.a. Shanghai Yueda Nails
Industry Co., Ltd. (Shanghai Yueda), an
exporter of certain steel nails from the
People’s Republic of China (China), sold
subject merchandise in the United
States at prices below normal value
(NV) during the period of review (POR)
August 1, 2022, through July 31, 2023.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT: Bob
Palmer or Hannah Lee, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–9068 or (202) 482–1216,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This administrative review is being
conducted in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act). Commerce
published the notice of initiation of this
administrative review on October 17,
2023.1 In addition to the mandatory
respondent, Shanghai Yueda, this
review also covers nine other
companies. On April 8, 2024, Commerce
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
71829 (October 17, 2023).
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Fmt 4703
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extended the preliminary results
deadline until August 30, 2024.2 On
July 22, 2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.3 The
deadline for the preliminary results is
now September 6, 2024.
Scope of the Order 4
The products covered by the Order
are nails from China. A full description
of the scope of the Order is contained
in the Preliminary Decision
Memorandum.5
Intent To Rescind Administrative
Review, in Part
Pursuant to 19 CFR 351.213(d)(3), it is
Commerce’s practice to rescind an
administrative review of an
antidumping duty order where it
determines that there were no
suspended entries of subject
merchandise during the POR.6
Normally, upon completion of an
administrative review, the suspended
entries are liquidated at the
antidumping duty assessment rate for
the review period.7 Therefore, for an
administrative review to be conducted,
there must be a reviewable, suspended
entry that Commerce can instruct
Customs and Border Protection (CBP) to
liquidate at the calculated antidumping
duty assessment rate for the review
period.8
2 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated April 8, 2024.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
4 See Notice of Antidumping Duty Order: Certain
Steel Nails from the People’s Republic of China, 73
FR 44961 (August 1, 2008) (Order).
5 For a complete description of the scope of the
Order, see Memorandum, ‘‘Decision Memorandum
for the Preliminary Results of Antidumping Duty
Administrative Review: Certain Steel Nails from the
People’s Republic of China; 2022–2023,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
6 See, e.g., Certain Carbon and Alloy Steel Cut-to
Length Plate from the Federal Republic of Germany:
Recission of Antidumping Administrative Review;
2020–2021, 88 FR 4157 (January 24, 2023).
7 See 19 CFR 351.212(b)(1).
8 See, e.g., Shanghai Sunbeauty Trading Co. v.
United States, 380 F. Supp. 3d 1328, 1335–36 (CIT
2019) (referencing section 751(a) of the Act, the U.S.
Court of International Trade held that: ‘‘While the
statute does not explicitly require that an entry be
suspended as a prerequisite for establishing
entitlement to a review, it does explicitly state the
determined rate will be used as the liquidation rate
for the reviewed entries. This result can only obtain
if the liquidation of entries has been suspended
. . .);’’ see also Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Final Results of
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2018–2019,
86 FR 36102, and accompanying Issues and
Decision Memorandum at Comment 4; and Solid
Fertilizer Grade Ammonium Nitrate from the
Russian Federation: Notice of Rescission of
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Agencies
[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74880-74882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20778]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-902]
Utility Scale Wind Towers From the Republic of Korea: Preliminary
Results and Rescission of Review, in Part, of Antidumping Duty
Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that sales of utility scale wind towers (wind towers) from
the Republic of Korea (Korea) were not made at less than normal value
(NV) during the period of review (POR) August 1, 2022, through July 31,
2023. Additionally, Commerce is rescinding this administrative review,
in part, with respect to certain companies that had no entries of
subject merchandise during the POR. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT: Adam Simons, AD/CVD Operations, Office
IX, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-6172.
SUPPLEMENTARY INFORMATION:
Background
On August 26, 2020, Commerce published the antidumping duty order
on utility scale wind towers (wind towers) from the Republic of Korea
(Korea) in the Federal Register.\1\ On October 18, 2023, based on
timely requests for review, in accordance with 19 CFR 351.221(c)(1)(i),
we initiated an administrative review of the Order on wind towers from
Korea.\2\ This review covers 16 producers/exporters of the subject
merchandise. In April 2024, we extended the deadline for issuing the
preliminary results of this review until August 30, 2024.\3\ On July
22, 2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\4\ The deadline for the preliminary results
is now September 6, 2024. For a complete description of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.\5\
---------------------------------------------------------------------------
\1\ See Utility Scale Wind Towers from Canada, Indonesia, the
Republic of Korea, and the Socialist Republic of Vietnam:
Antidumping Duty Orders, 85 FR 52546, 52547 (August 26, 2020)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829 (October 18, 2023) (Initiation
Notice).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 12,
2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Utility Scale Wind Towers from Korea; 2022-2023,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is wind towers from Korea. For
a full description of the scope of the Order, see the Preliminary
Decision Memorandum.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review when there are no reviewable entries of subject
merchandise during the POR for which liquidation is suspended.\6\
Normally, upon completion of an administrative review, the suspended
entries are liquidated at the antidumping duty assessment rate
calculated for the review period.\7\ Therefore, for an administrative
review to be conducted, there must be a suspended entry that Commerce
can instruct CBP to liquidate at the antidumping duty assessment rate
calculated for the POR.\8\
---------------------------------------------------------------------------
\6\ See, e.g., Dioctyl Terephthalate from the Republic of Korea:
Rescission of Antidumping Administrative Review; 2021-2022, 88 FR
24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut-
to Length Plate from the Federal Republic of Germany: Recission of
Antidumping Administrative Review; 2020-2021, 88 FR 4157 (January
24, 2023).
\7\ See 19 CFR 351.212(b)(1).
\8\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
On December 20, 2023, we notified all interested parties of our
intent to rescind this review, in part, with respect to the 15
companies listed in Appendix II because there were no suspended entries
of subject merchandise produced or exported by these companies during
the POR and we invited interested parties to comment.\9\ We received no
[[Page 74881]]
comments on the Intent to Rescind Memorandum. Accordingly, Commerce is
rescinding this review with respect to the companies listed in Appendix
II, in accordance with 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
\9\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated December 20, 2023 (Intent to Rescind Memorandum). We
note that this memorandum incorrectly listed ``Renewable Energy'' as
one of the companies for which Commerce intended to rescind this
review. However, Commerce did not initiate a review with respect to
this company. See Initiation Notice, 88 FR at 71831-71832.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price is
calculated in accordance with section 772 of the Act. NV is calculated
in accordance with section 773 of the Act. For a full description of
the methodology underlying our conclusions, see the Preliminary
Decision Memorandum. The Preliminary Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of the topics
discussed in the Preliminary Decision Memorandum is attached in
Appendix I of this notice.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following estimated weighted-average dumping margin for the period
August 1, 2022, through July 31, 2023:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Dongkuk S&C Co., Ltd....................................... 0.00
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Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than five days after the date for filing case
briefs.\10\ Interested parties who submit case briefs or rebuttal
briefs in this administrative review must submit: (1) a table of
contents listing each issue; and (2) a table of authorities.\11\
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\10\ See 19 CFR 351.309(d)(1); see also Administrative
Protective Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\12\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice.
Assessment Rates
Upon issuing the final results, Commerce shall determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), because
Dongkuk reported the entered value of its U.S. sales, we calculated
importer-specific ad valorem duty assessment rates based on the ratio
of the total amount of dumping calculated for the examined sales to the
total entered value of those sales. Where either the respondent's
weighted-average dumping margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an importer-specific rate is zero
or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Dongkuk for which
Dongkuk did not know that the merchandise it sold to the intermediary
(e.g., a reseller, trading company, or exporter) was destined for the
United States. In such instances, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction.
For the companies listed in Appendix II for which we are rescinding
the review, we will instruct CBP to assess antidumping duties on all
appropriate entries at rates equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends
to issue these rescission instructions to CBP no earlier than 35 days
after the date of publication of this notice in the Federal Register.
In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable. Commerce intends to issue assessment instructions to
CBP regarding Dongkuk no earlier than 35 days after the date of
publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the company
listed above will be that established in the
[[Page 74882]]
final results of this review, except if the rate is less than 0.50
percent and, therefore, de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero; (2)
for previously investigated or reviewed companies not covered in this
review, the cash deposit rate will continue to be the company-specific
cash deposit rate published for the most recently completed segment of
this proceeding in which the company participated; (3) if the exporter
is not a firm covered in this review, or the less-than-fair-value
(LTFV) investigation, but the manufacturer is, then the cash deposit
rate will be the rate established for the most recent segment for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 5.41 percent, the
all-others rate established in the LTFV investigation.\14\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\14\ See Order, 85 FR at 52547.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
Appendix II
Companies for Which Commerce Is Rescinding the Review
1. CS Wind China Co., Ltd.
2. CS Wind Corporation.
3. CS Wind Malaysia Sdn. Bhd.
4. CS Wind Taiwan Ltd.
5. CS Wind Turkey Kule Imalati A.S.
6. CS Wind UK Limited.
7. CS Wind Vietnam Co., Ltd.
8. CS Wind Portugal, S. A.
9. Enercon Korea Inc.
10. GE Renewable Energy
11. Hyosung Heavy Industries
12. Nordex SE
13. Siemens Gamesa Renewable Energy Limited
14. Vestas Korea
15. Vestas Korea Wind Technology Ltd.
[FR Doc. 2024-20778 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P