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Notice

Utility Scale Wind Towers From the Republic of Korea: Preliminary Results and Rescission of Review, in Part, of Antidumping Duty Administrative Review; 2022-2023

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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.

Key Dates
Citation: 89 FR 74880
Applicable September 13, 2024.
Public Participation

In Plain English

What is this Federal Register notice?

This is a notice published in the Federal Register by Commerce Department, International Trade Administration. Notices communicate information, guidance, or policy interpretations but may not create new binding obligations.

Is this rule final?

This document is classified as a notice. It may or may not create enforceable regulatory obligations depending on its specific content.

Who does this apply to?

Consult the full text of this document for specific applicability provisions. The affected parties depend on the regulatory scope defined within.

When does it take effect?

Applicable September 13, 2024.

Why it matters: This notice communicates agency policy or guidance regarding applicable regulations.

Document Details

Document Number2024-20778
FR Citation89 FR 74880
TypeNotice
PublishedSep 13, 2024
Effective Date-
RIN-
Docket IDA-580-902
Pages74880–74882 (3 pages)
Text FetchedYes

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Full Document Text (2,344 words · ~12 min read)

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<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[A-580-902]</DEPDOC> <SUBJECT>Utility Scale Wind Towers From the Republic of Korea: Preliminary Results and Rescission of Review, in Part, of Antidumping Duty Administrative Review; 2022-2023</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable September 13, 2024. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> 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. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> 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 <E T="04">Federal Register</E> . <SU>1</SU> <FTREF/> 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 <E T="03">Order</E> on wind towers from Korea. <SU>2</SU> <FTREF/> 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. <SU>3</SU> <FTREF/> On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. <SU>4</SU> <FTREF/> 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, <E T="03">see</E> the Preliminary Decision Memorandum. <SU>5</SU> <FTREF/> <FTNT> <SU>1</SU>   <E T="03">See Utility Scale Wind Towers from Canada, Indonesia, the Republic of Korea, and the Socialist Republic of Vietnam: Antidumping Duty Orders,</E> 85 FR 52546, 52547 (August 26, 2020) ( <E T="03">Order</E> ). </FTNT> <FTNT> <SU>2</SU>   <E T="03">See Initiation of Antidumping and Countervailing Duty Administrative Reviews,</E> 88 FR 71829 (October 18, 2023) ( <E T="03">Initiation Notice</E> ). </FTNT> <FTNT> <SU>3</SU>   <E T="03">See</E> Memorandum, “Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,” dated April 12, 2024. </FTNT> <FTNT> <SU>4</SU>   <E T="03">See</E> Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024. </FTNT> <FTNT> <SU>5</SU>   <E T="03">See</E> 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). </FTNT> <HD SOURCE="HD1">Scope of the Order</HD> The merchandise subject to the <E T="03">Order</E> is wind towers from Korea. For a full description of the scope of the <E T="03">Order, see</E> the Preliminary Decision Memorandum. <HD SOURCE="HD1">Partial Rescission of Administrative Review</HD> 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. <SU>6</SU> <FTREF/> Normally, upon completion of an administrative review, the suspended entries are liquidated at the antidumping duty assessment rate calculated for the review period. <SU>7</SU> <FTREF/> 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. <SU>8</SU> <FTREF/> <FTNT> <SU>6</SU>   <E T="03">See, e.g., Dioctyl Terephthalate from the Republic of Korea: Rescission of Antidumping Administrative Review; 2021-2022,</E> 88 FR 24758 (April 24, 2023); <E T="03">see also Certain Carbon and Alloy Steel Cut-to Length Plate from the Federal Republic of Germany: Recission of Antidumping Administrative Review; 2020-2021,</E> 88 FR 4157 (January 24, 2023). </FTNT> <FTNT> <SU>7</SU>   <E T="03">See</E> 19 CFR 351.212(b)(1). </FTNT> <FTNT> <SU>8</SU>   <E T="03">See</E> 19 CFR 351.213(d)(3). </FTNT> 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. <SU>9</SU> <FTREF/> We received no 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). <FTNT> <SU>9</SU>   <E T="03">See</E> 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. <E T="03">See Initiation Notice,</E> 88 FR at 71831-71832. </FTNT> <HD SOURCE="HD1">Methodology</HD> 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, <E T="03">see</E> 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 <E T="03">https://access.trade.gov.</E> In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E> A list of the topics discussed in the Preliminary Decision Memorandum is attached in Appendix I of this notice. <HD SOURCE="HD1">Preliminary Results of Review</HD> 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: <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s50,9C"> <TTITLE> </TTITLE> <CHED H="1">Producer/exporter</CHED> <ENT I="01">Dongkuk S&C Co., Ltd</ENT> <ENT>0.00</ENT> </ROW> </GPOTABLE> <HD SOURCE="HD1">Disclosure and Public Comment</HD> 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. <SU>10</SU> <FTREF/> 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. <SU>11</SU> <FTREF/> <FTNT> <SU>10</SU>   <E T="03">See</E> 19 CFR 351.309(d)(1); <E T="03">see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,</E> 88 FR 67069, 67077 (September 29, 2023) ( <E T="03">APO and Service Final Rule</E> ). </FTNT> <FTNT> <SU>11</SU>   <E T="03">See</E> 19 CFR 351.309(c)(2) and (d)(2). </FTNT> 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. <SU>12</SU> <FTREF/> 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). <SU>13</SU> <FTREF/> <FTNT> <SU>12</SU>  We use the term “issue” here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. </FTNT> <FTNT> <SU>13</SU>   <E T="03">See APO ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 17k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
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