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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Federal RegisterSep 13, 2024
89 Fed. Reg. 74880 (Sep. 13, 2024)
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    Department of Commerce International Trade Administration
  • [A-580-902]
  • 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 . 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. 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. On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. 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.

    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).

    See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 71829 (October 18, 2023) ( Initiation Notice).

    See Memorandum, “Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,” dated April 12, 2024.

    See Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024.

    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. Normally, upon completion of an administrative review, the suspended entries are liquidated at the antidumping duty assessment rate calculated for the review period. 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.

    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).

    See19 CFR 351.212(b)(1).

    See19 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. 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).

    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:

    Producer/exporter Weighted- average dumping margin (percent)
    Dongkuk S&C Co., Ltd 0.00