Notice2022-19768
Large Power Transformers From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review, 2020-2021
Primary source
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Published
September 13, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that large power transformers from the Republic of Korea were not sold in the United States at less than normal value during the period of review (POR), August 1, 2020, through July 31, 2021. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 176 (Tuesday, September 13, 2022)</title>
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[Federal Register Volume 87, Number 176 (Tuesday, September 13, 2022)]
[Notices]
[Pages 55993-55995]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19768]
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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, 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that large power transformers from the Republic of Korea were not sold
in the United States at less than normal value during the period of
review (POR), August 1, 2020, through July 31, 2021. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable September 13, 2022.
FOR FURTHER INFORMATION CONTACT: John Drury, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401
[[Page 55994]]
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
0195.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the antidumping duty order on large power
transformers on August 31, 2012.\1\ Commerce provided an opportunity to
request an administrative review on August 2, 2021.\2\ Between August
17 and 31, 2021, we received requests to conduct an administrative
review from Hyosung,\3\ Hyundai,\4\ ABB Inc. and SPX Transformer
Solutions Inc (the petitioners),\5\ and Iljin Electric Co., Ltd.\6\
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\1\ See Large Power Transformers from the Republic of Korea:
Antidumping Duty Order, 77 FR 53177 (August 31, 2012) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 41436 (August 2, 2021).
\3\ See Hyosung's Letter, ``Large Power Transformers from the
Republic of Korea: Hyosung's Request for Administrative Review,''
dated August 17, 2021.
\4\ See Hyundai's Letter, ``Large Power Transformers from South
Korea: Administrative Review Request,'' dated August 17, 2021.
\5\ See the petitioners' Letter, ``Large Power Transformers from
Republic of Korea--Petitioners' Request for 2020/2021 Administrative
Review,'' dated August 31, 2021. On January 20, 2022, counsel for
the petitioners filed an amended entry of appearance, stating that
ABB Enterprise Software Inc. changed its name to Hitachi Energy USA,
Inc. On February 11, 2022, counsel for the petitioners filed an
amended entry of appearance, stating that SPX Transformer Solutions,
Inc. changed its name to Prolec-GE Waukesha, Inc.
\6\ See Iljin Electric Co., Ltd.'s Letter, ``Antidumping Order
on Large Power Transformers from Korea--Request for Administrative
Review,'' dated August 31, 2021.
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Commerce initiated this review on October 7, 2021.\7\ 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.\8\
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\7\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 55811 (October 7, 2021).
\8\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Large Power
Transformers from the Republic of Korea; 2020-2021,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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On January 18, 2022, the petitioners requested the Commerce conduct
on-site (or other) verifications of Hyosung. As provided in section
782(i)(3) of the Act, Commerce intends to verify the information relied
upon in determining the final results of review.
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.\9\
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\9\ 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. A list of the topics discussed in the
Preliminary Decision Memorandum is included as the appendix to this
notice. The Preliminary Decision Memorandum is a public document and is
made available to the public via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Rate for Non-Selected Respondents
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 which 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 weighted average 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{time} .'' Hyosung is the only mandatory
respondent. Accordingly, we have applied a rate of 2.38 percent from
Hyosung to the non-selected companies.
Preliminary Results of Review
We preliminarily determine that, for the period August 1, 2020,
through July 31, 2021, 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........................ 2.38
Hyundai Electric & Energy Systems Co., Ltd.................. 2.38
Iljin Electric Co., Ltd..................................... 2.38
ILJIN....................................................... 2.38
LSIS Co., Ltd.\10\.......................................... 2.38
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
administrative review within five days after public announcement of the
preliminary results, in accordance with 19 CFR 351.224(b).
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\10\ Commerce determined that LS Electric Co., Ltd. is the
successor-in-interest to LSIS Co., Ltd. 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).
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Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs according to the timeline Commerce establishes after the
issuance of the final verification report. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than seven
days after the date for filing case briefs.\11\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\12\
Parties who submit case briefs or rebuttal briefs in this
administrative review 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.\13\
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\11\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'')
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\13\ See 19 CFR 351.303 (for general filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a
[[Page 55995]]
hearing must submit a written request to the Assistant Secretary for
Enforcement and Compliance, filed electronically via ACCESS. 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 5:00
p.m. Eastern Time within 30 days after the date of publication of this
notice.\14\
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\14\ See 19 CFR 351.310(c).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, no later than 120 days after the date of
publication of this notice, unless extended, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuing the final results, Commerce shall determine, and U.S.
Customs and Border Protection (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., 77 FR 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 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., ILJIN, and LSIS Co., Ltd.), 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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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). The final results of this administrative
review shall be the basis for the assessment of antidumping duties on
entries of merchandise under review and for future cash deposits of
estimated antidumping duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
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.\21\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\21\ 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 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
Commerce is issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h)(2), and
19 CFR 351.221(b)(4).
Dated: August 31, 2022.
Lisa W. Wang,
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. Discussion of the Methodology
VI. Rate for Non-Selected Companies
VII. Recommendation
[FR Doc. 2022-19768 Filed 9-12-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 13, 2022.
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