[Federal Register Volume 89, Number 37 (Friday, February 23, 2024)]
[Notices]
[Pages 13692-13693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03742]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-823]


Utility Scale Wind Towers From Spain: Rescission 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) is rescinding the 
administrative review of the antidumping duty (AD) order on utility 
scale wind towers (wind towers) from Spain for the period of review 
(POR) August 1, 2022, through July 31, 2023.

DATES: Applicable February 23, 2024.

FOR FURTHER INFORMATION CONTACT: 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) 482-0413.

SUPPLEMENTARY INFORMATION:

Background

    On August 26, 2020, Commerce published in the Federal Register the 
AD order on wind towers from Spain.\1\ On August 2, 2023, Commerce 
published in the Federal Register a notice of opportunity to request an 
administrative review of the AD order on wind towers from Spain.\2\ On 
August 31, 2022, the Wind Tower Trade Coalition (the petitioner) 
submitted a timely request that Commerce conduct an administrative 
review.\3\
---------------------------------------------------------------------------

    \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 (August 26, 2020) (Order), 
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).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 50840 (August 2, 
2023).
    \3\ See Petitioner's Letter, ``Request for Administrative 
Review,'' dated August 31, 2023.
---------------------------------------------------------------------------

    On October 18, 2023, Commerce published in the Federal Register a 
notice of initiation of administrative review with respect to imports 
of wind towers from Spain in accordance with section 751(a) of the 
Tariff Act of 1930, as amended (the Act) and 19 CFR 
351.221(c)(1)(i).\4\ This review covers subject merchandise exported 
and/or produced by Acciona Energia, Acciona Windpower S.A., Industrial 
Barranquesa, S.A., Gamesa Energy Transmission S.A., GE Renewable 
Energy, GRI Renewable Industries S.L., Haizea Wind Group, Iberdrola, 
S.A., Iberdrola Renovables Energia S.A., Nordex SE, Nordex Energy Spain 
S.A., Siemens Gamesa Renewable Energy Inc., Vestas Eolica S.A.U., 
Vestas Eolica, S.A., Vestas Manufacturing Spain S.L.U., Vestas Control 
Systems Spain S.L.U., Vestas Wind Systems A/S, and Windar Renovables, 
S.A.\5\ On October 24, 2023, we placed on the record U.S. Customs and 
Border Protection (CBP) data for entries of wind towers from Spain 
during the POR, showing no reviewable POR entries and invited 
interested parties to comment.\6\
---------------------------------------------------------------------------

    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 71829 (October 18, 2023).
    \5\ Id., 88 FR at 71832.
    \6\ See Memorandum, ``Release of Customs and Border Protection 
Data Query,'' dated October 24, 2023.
---------------------------------------------------------------------------

    On October 31, 2023, the petitioner filed comments with respect to 
the CBP data.\7\ On November 17, 2023, Acciona Generaci[oacute]n 
Renovable, S.A. (formerly Acciona Energia, S.A.) (Acciona) submitted a 
no-shipment certification, indicating that it had no exports or sales 
of subject merchandise to the United States during the POR.\8\
---------------------------------------------------------------------------

    \7\ See Petitioner's Letter, ``Comments on CBP Data and 
Respondent Selection'' dated October 31, 2023.
    \8\ See Acciona's Letter, ``No Shipment Certification,'' dated 
November 17, 2023.
---------------------------------------------------------------------------

    On December 7, 2023, Commerce notified all interested parties of 
its intent to rescind the instant review because there were no 
reviewable, suspended entries of subject merchandise by any of the 
companies subject to this review during the POR and invited interested 
parties to comment.\9\ We did not receive any comments.
---------------------------------------------------------------------------

    \9\ See Memorandum, ``Notice of Intent to Rescind Review,'' 
dated December 7, 2023.
---------------------------------------------------------------------------

Rescission of Review

    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to 
rescind an administrative review of an AD order when there are no 
reviewable entries of subject merchandise during the POR for which 
liquidation is suspended.\10\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the AD 
assessment rate calculated for the review period.\11\ Therefore, for an 
administrative review to be conducted, there must be a reviewable, 
suspended entry that Commerce can instruct CBP to liquidate at the AD 
assessment rate calculated for the review period.\12\ As noted above, 
there were no entries of subject merchandise for the companies subject 
to this review during the POR. Accordingly, in the absence of suspended 
entries of subject merchandise during the POR, we are hereby rescinding 
this administrative review, in its entirety, in accordance with 19 CFR 
351.213(d)(3).
---------------------------------------------------------------------------

    \10\ 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 
4154 (January 24, 2023).
    \11\ See 19 CFR 351.212(b)(1).
    \12\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------

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.

[[Page 13693]]

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: February 16, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2024-03742 Filed 2-22-24; 8:45 am]
BILLING CODE 3510-DS-P