Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices 61523 

1See 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) (Order), 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). 

2See Antidumping or Countervailing Duty Order, 

Finding, or Suspended Investigation; Opportunity 

to Request Administrative Review and Join Annual 

Inquiry Service List, 87 FR 47187 (August 2, 2022). 

3See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 87 FR 

61278 (October 11, 2022). 

4See Commerce’s Letter, ‘‘Request for 

Information,’’ dated October 25, 2022. 

5See Memorandum, ‘‘Extension of Deadline for 

Preliminary Results of 2021–2022 Antidumping 

Duty Administrative Review,’’ dated April 21, 2023. 

6See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Results of Antidumping Duty 

Administrative Review; 2021–2022: Utility Scale 

Wind Towers from Indonesia,’’ dated concurrently 

with, and hereby adopted by, this notice 

(Preliminary Decision Memorandum). 

7For a complete description of the scope of the 

Order, see Preliminary Decision Memorandum. 

Assessment 

Commerce will instruct CBP to assess 

antidumping duties on all appropriate 

entries. Antidumping duties shall be 

assessed at rates equal to the cash 

deposit of estimated antidumping duties 

required at the time of entry, or 

withdrawal from warehouse, for 

consumption, in accordance with 19 

CFR 351.212(c)(1)(i). Commerce intends 

to issue assessment instructions to CBP 

no earlier than 35 days after the date of 

publication of this rescission notice in 

the Federal Register. 

Notification Regarding Administrative 

Protective Order 

This notice serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return or 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a sanctionable violation. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act, and 19 CFR 

351.213(d)(4). 

Dated: August 31, 2023. 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2023–19209 Filed 9–6–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–560–833] 

Utility Scale Wind Towers From 

Indonesia: Preliminary 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) preliminarily 

finds that utility scale wind towers 

(wind towers) from Indonesia were sold 

at less than normal value during the 

period of review (POR) August 1, 2021, 

through July 31, 2022. We invite 

interested parties to comment on these 

preliminary results of review. 

DATES: Applicable September 7, 2023. 

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; 

email: amaris.wade@trade.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 26, 2020, Commerce 

published in the Federal Register the 

antidumping duty (AD) order on wind 

towers from Indonesia.1 On August 2, 

2022, Commerce published in the 

Federal Register a notice of opportunity 

to request an administrative review of 

the Order.2 On October 11, 2022, based 

on timely requests for review, in 

accordance with 19 CFR 

351.221(c)(1)(i), we initiated an AD 

administrative review of P.T. Kenertec 

Power System (Kenertec), GE Indonesia, 

GE Renewable Energy, General Electric 

Indonesia, Korindo Wind, Nordex SE, 

PT. Siemens Gamesa Renewable Energy, 

and Siemens Gamesa Renewable 

Energy.3 On October 25, 2022, 

Commerce issued the AD questionnaire 

to Kenertec.4

On April 21, 2023, Commerce 

extended the preliminary results of this 

review until August 31, 2023.5 For a 

complete description of the events that 

followed the initiation of this review, 

see the Preliminary Decision 

Memorandum.6

Scope of the Order 

The products covered by the Order 

are utility scale wind towers from 

Indonesia.7

Methodology 

Commerce is conducting this review 

in accordance with sections 751(a)(1)(B) 

and (2) of the Tariff Act of 1930, as 

amended (the Act). Constructed export 

price is calculated in accordance with 

section 772 of the Act. Normal value is 

calculated in accordance with section 

773 of the Act. 

For a full description of the 

methodology underlying these 

preliminary results, see the Preliminary 

Decision Memorandum. A list of the 

topics discussed in the Preliminary 

Decision Memorandum is attached as an 

appendix to this notice. 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. 

Rate for Non-Examined Companies 

The statute and Commerce’s 

regulations do not address the 

establishment of a rate to be applied to 

companies not selected for individual 

examination when Commerce limits its 

examination in an administrative review 

pursuant to section 777A(c)(2) of the 

Act. Generally, Commerce looks to 

section 735(c)(5) of the Act, which 

provides instructions for calculating the 

all-others rate in a market economy 

investigation, for guidance when 

calculating the rate for companies that 

were not selected for individual 

examination in an administrative 

review. Under section 735(c)(5)(A) of 

the Act, the all-others rate is normally 

an amount equal to the weighted 

average of the estimated weightedaverage dumping margins established 

for exporters and producers 

individually investigated, excluding any 

zero or de minimis margins, and any 

margins determined entirely on the 

basis of facts available. 

In this review, the following seven 

companies were not selected for 

individual examination: GE Indonesia; 

GE Renewable Energy; General Electric 

Indonesia; Korindo Wind; Nordex SE; 

PT. Siemens Gamesa Renewable Energy; 

and Siemens Gamesa Renewable 

Energy. Because we have preliminarily 

calculated a weighted-average dumping 

margin for a single respondent, 

Kenertec, which is not zero, de minimis, 

or determined entirely based on facts 

available, in accordance with section 


ddrumheller on DSK120RN23PROD with NOTICES1
61524 Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices 

8See 19 CFR 351.224(b). 

9See 19 CFR 351.309(c). 

10Commerce is exercising its discretion, under 19 

CFR 351.309(d)(1), to alter the time limit for filing 

of rebuttal briefs. 

11See 19 CFR 351.309(c)(2) and (d)(2). 

12See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

of Effective Period, 85 FR 41363 (July 10, 2020). 

13See 19 CFR 351.310(c). 

14See 19 CFR 351.212(b). 

15See Antidumping Proceedings: Calculation of 

the Weighted-Average Dumping Margin and 

Assessment Rate in Certain Antidumping 

Proceedings; Final Modification, 77 FR 8101 

(February 14, 2012). 

16 Id. 77 FR at 8102; see also 19 CFR 

351.106(c)(2). 

17See section 751(a)(2)(C) of the Act. 

18For a full discussion of this practice, see 

Antidumping and Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 FR 23954 

(May 6, 2003). 19See Order. 

735(c)(5)(A) of the Act, we assigned the 

weighted-average dumping margin we 

calculated for Kenertec in this 

administrative review to the companies 

not selected for individual examination. 

Preliminary Results of Review 

We preliminarily determine that the 

following estimated weighted-average 

dumping margins exist for the period 

August 1, 2021, through July 31, 2022: 

Producer/exporter 

Weightedaverage 

dumping 

margin 

(percent) 

P.T. Kenertec Power System 3.06 

GE Indonesia ........................ 3.06 

GE Renewable Energy ......... 3.06 

General Electric Indonesia ... 3.06 

Korindo Wind ........................ 3.06 

Nordex SE ............................ 3.06 

PT. Siemens Gamesa Renewable Energy ................ 3.06 

Siemens Gamesa Renewable Energy ....................... 3.06 

Disclosure and Public Comment 

Commerce intends to disclose the 

calculations performed to interested 

parties within five days after public 

announcement, or if there is no public 

announcement, within five days of the 

publication date, of the preliminary 

results.8 Interested parties may submit 

case briefs no later than 30 days after 

the date of publication of this notice.9

Rebuttal briefs, limited to issues raised 

in the case briefs, may be filed no later 

than seven days after the deadline for 

filing case briefs.10 Interested parties 

who submit case briefs or rebuttal briefs 

in this proceeding are encouraged to 

submit with each argument: (1) a 

statement of the issue; (2) a brief 

summary of the argument; and (3) a 

table of authorities.11 Commerce has 

temporarily modified certain of its 

requirements for serving documents 

containing business proprietary 

information, until further notice.12

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.13 Hearing 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. If a request 

for a hearing is made, Commerce 

intends to hold the hearing at a time and 

date to be determined. 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 completion of the final results 

of this administrative review, Commerce 

shall determine, and U.S. Customs and 

Border Protection (CBP) shall assess, 

antidumping duties on all appropriate 

entries.14 If the weighted average 

dumping margin for Kenertec is not zero 

or de minimis (i.e., less than 0.5 percent) 

in the final results of this review, we 

intend to calculate importer-specific ad 

valorem antidumping duty assessment 

rates based on the ratio of the total 

amount of dumping calculated for each 

importer’s examined sales to the total 

entered value of those same sales in 

accordance with 19 CFR 351.212(b)(1).15

If the weighted-average dumping margin 

or an importer-specific assessment rate 

is zero or de minimis in the final results 

of review, we intend to instruct CBP to 

liquidate entries without regard to 

antidumping duties.16 The final results 

of this administrative 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.17

For entries of subject merchandise 

during the POR produced by Kenertec 

for which it did not know that the 

merchandise it sold was destined for the 

United States, we will instruct CBP to 

liquidate unreviewed entries at the allothers rate if there is no rate for the 

intermediate company(ies) involved in 

the transaction.18

For the companies that were not 

selected for individual examination, we 

will instruct CBP to liquidate entries at 

the rate established after the completion 

of the final results of review. 

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 

The following cash deposit 

requirements will be effective upon 

publication in the Federal Register of 

the notice of final results of 

administrative review for all shipments 

of wind towers from Indonesia entered, 

or withdrawn from warehouse, for 

consumption on or after the date of 

publication as provided by section 

751(a)(2)(C) of the Act: (1) the cash 

deposit rate for the respondents listed 

above will be equal to the weightedaverage dumping margin established in 

the 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 merchandise exported by a 

company not covered in this review but 

covered in a prior segment of the 

proceeding, the cash deposit rate will 

continue to be the company-specific 

cash deposit rate published in the 

completed segment for the most recent 

period; (3) if the exporter is not a firm 

covered in this review, or a previous 

segment, but the producer is, 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 8.50 percent, the all-others rate 

established in the less-than-fair-value 

investigation.19 These deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Final Results of Review 

Unless the deadline is otherwise 

extended, Commerce intends to issue 

the final results of this administrative 

review, including the results of its 

analysis of issues raised by interested 

parties in the written comments, within 

120 days of publication of these 

preliminary results in the Federal 

Register, pursuant to section 

751(a)(3)(A) of the Act and 19 CFR 

351.213(h)(1). 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices 61525 

1See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 87 FR 

61278 (October 11, 2022) (Initiation Notice). 

2See Memorandum, ‘‘Respondent Selection,’’ 

dated January 8, 2021 (Respondent Selection 

Memorandum). The Initiation Notice listed 134 

company/entity names. See Initiation Notice, 87 FR 

at 61281–84. We treated all companies (i.e., 109 

companies) without a preliminary separate rate (or 

an existing separate rate and a no shipment claim) 

as part of the Vietnam-wide entity. 

3See Respondent Selection Memorandum. See 

also Memorandum, ‘‘Selection of Replacement 

Respondent for Individual Review,’’ dated February 

3, 2023. 

4See Memorandum, ‘‘Extension of Deadline for 

Preliminary Results of the 2021–2022 Antidumping 

Duty Administrative Review,’’ dated April 19, 2023. 

5See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Results of the Antidumping Duty 

Administrative Review: Certain Frozen Fish Fillets 

from the Socialist Republic of Vietnam; 2021– 

2022,’’ dated concurrently with, and hereby 

adopted by, this notice (Preliminary Decision 

Memorandum). 

6Three additional exporters also certified that 

they had no shipments during the POR. However, 

because these exporters have not established their 

eligibility for a separate rate, we consider them to 

be part of the Vietnam-wide entity. Thus, we 

preliminarily find that it would be inappropriate to 

make an individual no-shipment determination 

with respect to these exporters. Additionally, 

certain other companies that filed no shipment 

statements are among the companies for which we 

have announced our intent to rescind this review. 

See Appendix II. 

7See Non-Market Economy Antidumping 

Proceedings: Assessment of Antidumping Duties, 76 

FR 65694, 65694–95 (October 24, 2011), and the 

‘‘Assessment Rates’’ section, below. 

8The petitioners are the Catfish Farmers of 

America and individual U.S. catfish processors 

America’s Catch, Inc., Alabama Catfish, LLC d/b/a 

Harvest Select Catfish, Inc., Consolidated Catfish 

Continued 

Notification to Importers 

This notice 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 double antidumping duties. 

Notification to Interested Parties 

We are issuing and publishing these 

preliminary results in accordance with 

sections 751(a)(1) and 777(i)(1) of the 

Act and 19 CFR 351.221(b)(4). 

Dated: August 31, 2023. 

Lisa W. Wang, 

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. Currency Conversion 

VI. Recommendation 

[FR Doc. 2023–19333 Filed 9–6–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–801] 

Certain Frozen Fish Fillets From the 

Socialist Republic of Vietnam: 

Preliminary Results of Antidumping 

Duty Administrative Review, 

Preliminary Determination of No 

Shipments, and Notice of Intent To 

Rescind, in Part; 2021–2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) is conducting an 

administrative review of the 

antidumping duty order on certain 

frozen fish fillets (fish fillets) from the 

Socialist Republic of Vietnam 

(Vietnam). The period of review (POR) 

is August 1, 2021, through July 31, 2022. 

Commerce preliminarily determines 

that certain exporters made sales of 

subject merchandise at prices below NV 

during the POR, and that 10 exporters 

did not have shipments during the POR. 

We invite interested parties to comment 

on these preliminary results. 

DATES: Applicable September 7, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Javier Barrientos or Christopher 

Maciuba, AD/CVD Operations, Office V, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–2243 or 

(202) 482–0413, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 11, 2022, Commerce 

initiated an administrative review of the 

antidumping duty order on fish fillets 

from Vietnam in accordance with 19 

CFR 351.221(c)(1)(i) and section 751(a) 

of the Tariff Act of 1930, as amended 

(the Act).1 This review covers 25 

exporters, including the Vietnam-wide 

entity.2 We selected two exporters, Vinh 

Hoan Corporation (Vinh Hoan) and Can 

Tho Import Export Seafood Joint Stock 

Company (CASEAMEX), for individual 

examination as mandatory 

respondents.3 On April 19, 2023, 

Commerce extended the deadline for 

these preliminary results to August 31, 

2023.4

For a complete description of the 

events that followed the initiation of 

this review, see the Preliminary 

Decision Memorandum.5 A list of the 

topics discussed in the Preliminary 

Decision Memorandum is included in 

Appendix I to this notice. 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. 

Scope of the Order 

The products covered by this order 

are fish fillets from Vietnam. For a full 

description of the scope of the order, see 

the Preliminary Decision Memorandum. 

Preliminary Determination of No 

Shipments 

Based on an analysis of information 

from U.S. Customs and Border 

Protection (CBP) and letters filed by 10 

companies certifying no shipments, 

Commerce preliminarily determines 

that the companies listed in Appendix 

III had no shipments during the POR.6

For additional information regarding 

this finding, see the Preliminary 

Decision Memorandum. 

Consistent with our assessment 

practice in non-market economy (NME) 

administrative reviews, Commerce is 

not rescinding this review for these 10 

companies but, instead, intends to 

complete the review and issue 

appropriate instructions to CBP based 

on the final results of the review.7

Separate Rates 

Commerce preliminarily determines 

that information placed on the record by 

mandatory respondents CASEAMEX, 

Vinh Hoan, and four separate rate 

applicants (Cafatex Corporation, 

International Development and 

Investment Corporation, Loc Kim Chi 

Seafood Joint Stock Company, and the 

Hung Vuong Corporation) demonstrates 

that these companies are entitled to 

separate rate status. For additional 

information, see the Preliminary 

Decision Memorandum. 

Vietnam-Wide Entity 

The Vietnam-wide entity will not be 

under review unless a party specifically 

requests, or Commerce self-initiates, a 

review of the entity. In this 

administrative review, the petitioners 8


ddrumheller on DSK120RN23PROD with NOTICES1