Notice2021-19000
Large Power Transformers From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments, 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 2, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily finds that large power transformers from the Republic of Korea were sold in the United States at less than normal value during the period of review (POR), August 1, 2019, through July 31, 2020. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 168 (Thursday, September 2, 2021)</title>
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[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49304-49306]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19000]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-867]
Large Power Transformers From the Republic of Korea: Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments, 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
large power transformers from the Republic of Korea were sold in the
United States at less than normal value during the period of review
(POR), August 1, 2019, through July 31, 2020. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable September 2, 2021.
FOR FURTHER INFORMATION CONTACT: John Drury, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-0195.
SUPPLEMENTARY INFORMATION:
Background
Commerce initiated this review on October 6, 2020.\1\ We selected
one mandatory respondent in this review, Hyosung Heavy Industries
Corporation (Hyosung). For a more detailed description of the events
that followed the initiation of this review, see the Preliminary
Decision Memorandum, dated concurrently with these results and hereby
adopted by this notice.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 63082 (October 6, 2020).
\2\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Large Power
Transformers from the Republic of Korea; 2019-2020,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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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 to ACCESS is available to registered users at <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at <a href="http://enforcement.trade.gov/frn/index.html">http://enforcement.trade.gov/frn/index.html</a>. A list of topics discussed in the
Preliminary Decision Memorandum is attached as an appendix to this
notice.
Scope of the Order
The scope of this order covers large liquid dielectric power
transformers having a top power handling capacity greater than or equal
to 60,000 kilovolt amperes (60 megavolt amperes), whether assembled or
unassembled, complete or incomplete. The merchandise subject to the
order is currently classified in the Harmonized Tariff Schedule of the
United States at subheadings 8504.23.0040, 8504.23.0080 and
8504.90.9540. This tariff classification is provided for convenience
and Customs purposes; however, the written description of the scope of
the order is dispositive.\3\
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\3\ The full text of the scope of the order is contained in
Preliminary Decision Memorandum.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
Preliminary Determination of No Shipments
On October 27, 2020, LS Electric Co., Ltd. (LS Electric), formerly
known as LSIS Co., Ltd. (LSIS) \4\ timely notified Commerce that it had
no exports, sales, or entries of subject merchandise during the POR.\5\
Commerce issued a no
[[Page 49305]]
shipment inquiry to U.S. Customs and Border Protection (CBP), and CBP
found no evidence of shipments from LSIS during the POR.\6\ Thus, based
on record evidence, we preliminary determine that LSIS had no shipments
during the POR. Consistent with Commerce's practice, we find that it is
not appropriate to rescind the review with respect to LSIS but, rather,
to complete the review and issue appropriate instructions to CBP based
on the final results of this review.\7\
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\4\ Commerce determined that LS Electric is the successor-in-
interest to LSIS. See Large Power Transformers from the Republic of
Korea: Final Results of Antidumping Duty Administrative Review,
Final Determination of No Shipments, and Final Successor-in-Interest
Determination; 2018-2019, 86 FR 30915 (June 10, 2021).
\5\ See LS Electric's Letter, ``Large Power Transformers from
the Republic of Korea: LS Electric Co., Ltd. (formerly known as LSIS
Co., Ltd.) No Shipment Letter,'' dated October 27, 2020.
\6\ See Memorandum, ``shipment inquiry with respect to the
company below during the period 08/01/2019 through 07/31/2020,''
dated November 20, 2020.
\7\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306
(August 28, 2014); and Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
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Preliminary Results of Review
We preliminarily determine that, for the period August 1, 2018,
through July 31, 2019, the following weighted-average dumping margins
exist:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Hyosung Heavy Industries Corporation.................... 8.85
Hyundai Electric & Energy Systems Co., Ltd.............. 8.85
Iljin Electric Co., Ltd................................. 8.85
ILJIN................................................... 8.85
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Disclosure and Public Comment
Commerce will disclose to parties to the proceeding any
calculations performed in connection with these preliminary results of
review within five days after the date of publication of this
notice.\8\ Interested parties are invited to comment on these
preliminary results. Interested parties may submit case briefs no later
than 30 days after the date of publication of this notice.\9\ Rebuttal
briefs, the content of which is limited to the issues raised in the
case briefs, must be filed within seven days from the deadline date for
the submission of case briefs.\10\
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\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020).
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Parties who submit case or rebuttal briefs in this proceeding are
requested 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\ Case and rebuttal briefs should be filed using
ACCESS.\12\ Case and rebuttal briefs must be served on interested
parties.\13\ Executive summaries should be limited to five pages total,
including footnotes.
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\11\ See 19 CFR 351.309(c)(2).
\12\ See generally 19 CFR 351.303.
\13\ See 19 CFR 351.303(f).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a request to the Assistant Secretary for
Enforcement and Compliance within 30 days of the date of publication of
this notice. Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; (3) whether any
participant is a foreign national; and (4) a list of issues parties
intend to discuss. Issues raised in the hearing will be limited to
those raised in the respective case and rebuttal briefs. If a request
for a hearing is made, Commerce intends to hold the hearing at a time
and date to be determined. Parties should confirm by telephone the date
and time of the hearing two days before the scheduled date.
Commerce intends to publish the final results of this
administrative review, including the results of its analysis of issues
raised in any case or rebuttal brief, no later than 120 days after
publication of these preliminary results, unless extended.\14\
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\14\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h).
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Assessment Rates
Upon issuing the final results, Commerce shall determine, and CBP
shall assess, antidumping duties on all appropriate entries. If the
weighted-average dumping margin for Hyosung is not zero or de minimis
(i.e., less than 0.50 percent) in the final results of this review, we
will calculate importer-specific assessment rates on the basis of the
ratio of the total amount of dumping calculated for each importer's
examined sales and the total entered value of such sales in accordance
with 19 CFR 351.212(b)(1).\15\ We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific assessment rate calculated in the final
results of this review is above de minimis (i.e., 0.50 percent). If
Hyosung's weighted-average dumping margin is zero or de minimis in the
final results of review, or if an importer-specific assessment rate is
zero or de minimis, Commerce will instruct CBP to liquidate appropriate
entries without regard to antidumping duties.\16\
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\15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\16\ Id. at 8102-03; see also 19 CFR 351.106(c)(2).
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In accordance with Commerce's ``automatic assessment''
practice,\17\ for entries of subject merchandise during the review
period produced by each respondent for which it did not know its
merchandise was destined for the United States, we will instruct CBP to
liquidate unreviewed entries at the all-others rate of 22.00 percent
established in the LTFV investigation.\18\
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\17\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\18\ See Large Power Transformers from the Republic of Korea:
Final Determination of Sales at Less Than Fair Value, 77 FR 40857
(July 11, 2012).
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For the companies which were not selected for individual review
(i.e., Hyundai Electric & Energy Systems Co., Ltd., Iljin Electric Co.,
Ltd., and ILJIN), we will assign an assessment rate based on the cash
deposit rate calculated for the company selected for mandatory review
(i.e., Hyosung).\19\ 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 future
deposits of estimated duties, where applicable.\20\
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\19\ See section 735(c)(5)(A) of the Act; see also Preliminary
Decision Memorandum at Section VII, ``Rate for Non-Selected
Companies.
\20\ See section 751(a)(2)(C) of the Act.
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Consistent with its recent notice,\21\ 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).
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\21\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
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publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for Hyosung and
other companies listed above will be equal to the weighted-average
dumping margin established in the final results of this administrative
review; (2) for previously reviewed or investigated companies not
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding in which they were reviewed; (3) if the exporter is not a
firm covered in this review, a prior review, or in the investigation
but the producer is, the cash deposit rate will be the rate established
for the most recently completed segment of this proceeding for the
producer of the merchandise; and (4) the cash deposit rate for all
other producers or exporters will continue to be the all-others rate of
22.00 percent, the rate established in the investigation of this
proceeding.\22\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\22\ See Large Power Transformers from the Republic of Korea:
Antidumping Duty Order, 77 FR 53177 (August 31, 2012).
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Notification to Importers
This notice also serves as a 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 this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Deadline for Submission of Updated Sales and Cost Information
IV. Scope of the Order
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Rate for Non-Selected Companies
VIII. Recommendation
[FR Doc. 2021-19000 Filed 9-1-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 2, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.