Notice2023-05386
Large Power Transformers From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2020-2021
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
March 16, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Hyosung Heavy Industries Corporation (Hyosung) made sales of large power transformers from the Republic of Korea (Korea) at less than normal value during the period of review (POR) August 1, 2020, through July 31, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 51 (Thursday, March 16, 2023)</title>
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[Federal Register Volume 88, Number 51 (Thursday, March 16, 2023)]
[Notices]
[Pages 16236-16238]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05386]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-867]
Large Power Transformers From the Republic of Korea: Final
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) determines that
Hyosung Heavy Industries Corporation (Hyosung) made sales of large
power transformers from the Republic of Korea (Korea) at less than
normal value during the period of review (POR) August 1, 2020, through
July 31, 2021.
DATES: Applicable March 16, 2023.
FOR FURTHER INFORMATION CONTACT: John Drury, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
[[Page 16237]]
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-0195.
SUPPLEMENTARY INFORMATION:
Background
On September 13, 2022, Commerce published the Preliminary Results
and invited interested parties to comment on the Preliminary
Results.\1\ A summary of the events that occurred since Commerce
published these Preliminary Results, as well as a full discussion of
the issues raised by parties for these final results, may be found in
the Issues and Decision Memorandum.\2\
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\1\ See Large Power Transformers from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review, 2020-
2021, 87 FR 55993 (September 13, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Large Power Transformers from the Republic of Korea; 2020-
2021,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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The Issues and 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
On January 9, 2023, Commerce extended the deadline for these final
results of review until March 10, 2023.\3\ Commerce conducted this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).
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\3\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2020-2021,'' dated January
9, 2023.
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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. For a complete description of the scope of the order, see
the accompanying Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum. For a list of the issues raised by parties, see the
appendix to this notice.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties, we made certain changes to the margin calculations
for Hyosung for these final results of review.\4\ As a result of these
changes, the weighted-average dumping margin also changes for the
companies subject to this review, but not selected for individual
examination.
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\4\ See Issues and Decision Memorandum at Comment 1; see also
Memorandum, ``Analysis of Data Submitted by Hyosung Corporation in
the Final Results of the 2020-2021 Administrative Review of the
Antidumping Duty Order on Large Power Transformers from the Republic
of Korea,'' dated concurrently with this notice.
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Rates for Non-Selected Respondents
The Act 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 and de minimis margins, and any
margins determined entirely {on the basis of facts available{time} .''
For these final results, we continue to calculate a weighted-
average dumping margin for Hyosung that is not zero, de minimis, or
determined entirely on the basis of facts available. Accordingly, for
these final results, we have assigned the rate calculated for
respondent Hyosung to all of the non-selected respondents, as listed
below.
Final Results of Review
We determine that the following estimated weighted-average dumping
margins exist for the period August 1, 2020, through July 31, 2021:
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Estimated
weighted-
average
Producer/exporter dumping
margin
(percent)
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Hyosung Heavy Industries Corporation........................ 4.32
Hyundai Electric & Energy Systems Co., Ltd.................. 4.32
Iljin Electric Co., Ltd..................................... 4.32
Iljin....................................................... 4.32
LSIS Co., Ltd............................................... 4.32
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Disclosure
We will disclose the calculations performed to parties in this
proceeding within five days after the date of publication in the
Federal Register of these final results of review, in accordance with
19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce shall determine, 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.\5\ For Hyosung, we calculated importer-specific ad valorem
duty assessment rates based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the total entered value
of those same sales, in accordance with 19 CFR 351.212(b)(1). Upon
issuance of the final results of this administrative review, if any
importer-specific assessment rates calculated in the final results are
above de minimis (i.e., at or above 0.5 percent),\6\ Commerce will
issue instructions directly to CBP to assess antidumping duties on
appropriate entries. Where an importer-specific assessment rate is zero
or de minimis, the entries by that importer will be liquidated without
regard to antidumping duties.
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\5\ In these final results, Commerce applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and Assessment Rate in
Certain Antidumping Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
\6\ See 19 CFR 351.106(c)(2).
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For entries of subject merchandise during the POR produced by
Hyosung 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 in the less-than-fair-value investigation if there
is no rate for the intermediate company(ies) involved in
[[Page 16238]]
the transaction.\7\ For the companies that were not selected for
individual examination, we will instruct CBP to liquidate entries at
the rates established in these final results of review.
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\7\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Commerce intends to issue appropriate 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 of this notice for all shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
publication of these final results, as provided by section 751(a)(2) of
the Act: (1) the cash deposit rates for the companies subject to this
review will be equal to the weighted-average dumping margins
established in the final results of this administrative review; (2) for
merchandise exported by producers or exporters not covered in this
administrative review but covered in a prior segment of the proceeding,
the cash deposit rate will continue to be the company specific rate
published for the most recently completed segment of this proceeding;
(3) if the exporter is not a firm covered in this review, a prior
review, or the original 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 subject
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 22.00 percent, the all-others rate
established in the less-than-fair-value investigation.\8\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\8\ 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 Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties did occur and the subsequent assessment of
doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
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, and 19 CFR 351.213(h) and
19 CFR 351.221(b)(5).
Dated: March 10, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Calculation of Indirect Selling Expenses (ISE)
Incurred in the United States
Comment 2: Whether Commerce Should Correct Errors in Reported
Expenses for One Sale
Comment 3: Whether Commerce Should Apply the Transactions
Disregarded Rule to Certain Hyosung Purchases of Materials
Comment 4: Rate for Non-Selected Respondents
VI. Recommendation
[FR Doc. 2023-05386 Filed 3-15-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 16, 2023.
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