Utility Scale Wind Towers From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2021-2022; Correction
| Published date | 01 April 2024 |
| Record Number | 2024-06835 |
| Citation | 89 FR 22372 |
| Court | Commerce Department,International Trade Administration |
| Section | Notices |
Federal Register, Volume 89 Issue 63 (Monday, April 1, 2024)
[Federal Register Volume 89, Number 63 (Monday, April 1, 2024)]
[Notices]
[Pages 22372-22373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06835]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-902]
Utility Scale Wind Towers From the Republic of Korea: Final
Results of Antidumping Duty Administrative Review; 2021-2022;
Correction
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
ACTION: Notice; correction.
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SUMMARY: The U.S. Department of Commerce (Commerce) published notice in
the Federal Register of March 7, 2024, in which Commerce announced the
final results of the 2021-2022 administrative review of the antidumping
duty (AD) order on utility scale wind towers from the Republic of
Korea. That notice did not include our final determination of no
shipments, the dumping margin and the appendix listing companies not
selected for individual review, and information in the ``Assessment
Rates'' section for companies not selected for individual review.
Moreover, the notice listed incorrect dates for the period of review
(POR) in the ``Final Results of Review'' section.
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 March 7, 2024, Commerce published in the Federal
Register the Final Results.\1\ In that notice, we failed to include our
final determination of no shipments, the dumping margin and the
appendix listing companies not selected for individual review, as well
as information in the ``Assessment Rate'' section for companies not
selected for individual review. Finally, we inadvertently listed
incorrect dates for the POR in the ``Final Results of Review'' section.
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\1\ See Utility Scale Wind Towers from the Republic of Korea:
Final Results of Antidumping Duty Administrative Review; 2021-2022,
89 FR 16544 (March 7, 2024) (Final Results).
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Correction
In the Federal Register of March 7, 2024, in FR Doc 2024-04881, on
page 16544, in the third column, add the section below entitled ``Final
Determination of No Shipments'' after ``Changes Since the Preliminary
Results,'' and replace the section entitled ``Final Results of Review''
with the section below entitled ``Final Results of Review.''
In addition, on page 16544, in the third column, replace the
section entitled ``Assessment Rates'' with the section below entitled
``Assessment Rates.''
Finally, on page 16545, in the third column, revise the title of
the appendix to be Appendix I and add the attached Appendix II.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that the following
companies had no shipments of subject merchandise during the POR:
Hyosung Heavy Industries Corporation (Hyosung) and CS Wind Corporation
(CS Wind).\2\ As we have not received any information to contradict
this determination, consistent with our practice, we will instruct U.S.
Customs and Border Protection to liquidate any
[[Page 22373]]
suspended entries that entered under Hyosung's and CS Wind's AD case
numbers (i.e., at that exporter's rate), at the all-others rate if
there is no rate for the intermediate company(ies) involved in the
transaction.
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\2\ See Utility Scale Wind Towers from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2021-2022, 88 FR 60929
(September 6, 2023) (Preliminary Results).
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Final Results of Review
We determine that the following weighted-average dumping margins
exist for the period August 1, 2021, through July 31, 2022:
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Weighted-
average
Producer/exporter dumping margin
(percent)
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Dongkuk S&C Co., Ltd.................................... 1.95
Companies Not Selected for Individual Review \3\........ 1.95
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Assessment Rates
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\3\ The companies not selected for individual review are listed
in Appendix II.
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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), Dongkuk S&C Co., Ltd. (Dongkuk)
reported the entered value of its U.S. sales such that 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 the sales for which entered value was reported.
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 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 the
company 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 of 5.41 percent if there is
no rate for the intermediate company(ies) involved in the
transaction.\4\
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\4\ See Order; and 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) (correcting the date that the provisional
measures period expired). For a full discussion of the ``automatic
assessment'' practice, see Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6,
2003).
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For the companies not selected for individual review, we used an
assessment rate based on the cash deposit rate calculated for Dongkuk.
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 the future deposits of estimated duties
where applicable.\5\
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\5\ See section 751(a)(2)(C) of the Act.
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Commerce intends to issue liquidation 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).
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.
Dated: March 26, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix II
Review-Specific Rate Applicable to Companies Not Selected for
Individual Review
1. CS Wind China Co., Ltd.
2. CS Wind Malaysia Sdn. Bhd.
3. CS Wind Taiwan Ltd.
4. CS Wind Turkey Kule Imalati A.S.
5. CS Wind UK Limited
6. CS Wind Vietnam Co., Ltd.
7. Enercon Korea Inc.
8. GE Renewable Energy
9. Nordex SE
10. Siemens Gamesa Renewable Energy Limited
11. Vestas Korea
12. Vestas Korea Wind Technology Ltd.
[FR Doc. 2024-06835 Filed 3-29-24; 8:45 am]
BILLING CODE 3510-DS-P
