Notice2023-16593
Large Power Transformers From the Republic of Korea: Rescission of Antidumping Duty Administrative Review; 2021-2022
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
August 3, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty order on large power transformers (LPTs) from the Republic of Korea (Korea), covering the period of review (POR) August 1, 2021, through July 31, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 148 (Thursday, August 3, 2023)</title>
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[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Notices]
[Pages 51282-51283]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16593]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-867]
Large Power Transformers From the Republic of Korea: Rescission
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) is rescinding the
administrative review of the antidumping duty order on large power
transformers (LPTs) from the Republic of Korea (Korea), covering the
period of review (POR) August 1, 2021, through July 31, 2022.
DATES: Applicable August 3, 2023.
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
On August 2, 2022, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the
antidumping duty order on LPTs from Korea, covering the POR.\1\ On
August 29, 2022, respondent Hyosung Heavy Industries Corporation
(Hyosung) timely requested that Commerce conduct an administrative
review of itself,\2\ and on August 31, 2022, Hitachi Energy USA, Inc.
(the petitioner) timely requested that Commerce conduct an
administrative review of several exporters and/or producers.\3\ On
October 11, 2022, Commerce published in the Federal Register a notice
of initiation of an administrative review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act).\4\
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\1\ See 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).
\2\ See Hyosung's Letter, ``Hyosung's Request for Administrative
Review,'' dated August 29, 2022.
\3\ See Petitioner's Letter, ``Request for 2021/2022
Administrative Review,'' dated August 31, 2022.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 61278 (October 11, 2022) (Initiation
Notice).
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On October 26, 2022, Commerce released U.S. Customs and Border
Protection (CBP) import data, with respect to LPTs from Korea subject
to the antidumping duty order, during the POR, and solicited comments
from parties.\5\ As a result of the query to CBP, Commerce found no
suspended entries of LPTs from Korea during the POR.\6\
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\5\ See Memorandum, ``Release of U.S. Customs and Border
Protection Import Data,'' dated October 26, 2022 (CBP Data
Memorandum).
\6\ Id.
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On November 1, 2022, Iljin Electric Co., Ltd. (Iljin) submitted a
letter to Commerce certifying that Iljin had no exports, sales, or
entries to the United States during the POR of subject LPTs.\7\ On
November 2, 2022, Hyosung Heavy Industries Corporation (Hyosung)
submitted a letter to Commerce certifying that Hyosung had no exports,
sales, or entries of subject LPTs into the United States during the
POR, as well as withdrawing Hyosung's request for
[[Page 51283]]
administrative review.\8\ On November 3, 2022, LS Electric Co., Ltd (LS
Electric) submitted a letter to Commerce certifying that LS Electric
had no exports, sales, or entries of subject LPTs into the United
States during the POR.\9\ On November 4, 2022, Hyundai Electric &
Energy Systems Co., Ltd. (Hyundai) submitted a letter to Commerce
certifying that Hyundai had no exports, sales, or entries of subject
LPTs into the United States during the POR.\10\ Commerce issued a no-
shipment inquiry to CBP, and received a response from CBP stating that
there were no suspended entries during the POR from any of the
companies on which we initiated the administrative review.\11\
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\7\ See Iljin's Letter, ``No Shipments Letter,'' dated November
1, 2022.
\8\ See Hyosung's Letter, ``Notification of No Shipments and
Withdrawal of Review Request,'' dated November 2, 2022.
\9\ See LS Electric's Letter, ``No Shipment Letter,'' dated
November 3, 2022. LS Electric also stated that it was formerly known
as LSIS Co., Ltd. Commerce initiated the administrative review with
respect to entries from LSIS Co., Ltd. See Initiation Notice.
Commerce previously 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).
\10\ See Hyundai's Letter, ``No Shipments Letter,'' dated
November 4, 2022.
\11\ See Memorandum, ``No Shipment Inquiry for Multiple
Companies During the period 08/01/2021 through 07/31/2022,'' dated
January 9, 2023.
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On November 9, 2022, the petitioner submitted comments and new
factual information in response to the CBP Data Memorandum, stating
that information on the record indicated that there may have been sales
and/or entries of subject LPTs into the United States during the POR
manufactured and/or sold by Hyosung and Hyundai.\12\ On January 3,
2023, the petitioners submitted additional new factual information
which, according to the petitioners, showed that Hyosung had sales of
subject LPTs in the United States during the POR.\13\ On January 20,
2023, Hyosung submitted comments and new factual information to rebut,
clarify, or correct the factual information submitted by the
petitioners.\14\
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\12\ See Petitioner's Letter, ``Comments in Response to the
Department's Release of Entry Data from U.S. Customs and Border
Protection,'' dated November 9, 2022. In the letter, the
``petitioners'' were identified as Hitachi Energy USA Inc. and
Prolec-GE Waukesha, Inc (hereinafter referred to as petitioners).
\13\ See Petitioners' Letter, ``Submission of New Factual
Information,'' dated January 3, 2023.
\14\ See Hyosung's Letter, ``Hyosung's Rebuttal Factual
Information,'' dated January 20, 2023.
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On April 26, 2023, Commerce issued a memorandum stating its intent
to rescind the administrative review of the antidumping duty order on
LPTs from Korea for all companies on which we initiated the review.\15\
Commerce stated that, based on the examination of record evidence,
information on the record did not undermine the results of the CBP data
query or the certified statements by parties that there were no sales,
shipments, or entries of subject LPTs to the United States during the
POR.\16\
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\15\ See Memorandum, ``Intent to Rescind Review,'' dated
February 17, 2023 (Intent to Rescind Review).
\16\ Id.
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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.
Incomplete LPTs are subassemblies consisting of the active part and
any other parts attached to, imported with or invoiced with the active
parts of LPTs. The ``active part'' of the transformer consists of one
or more of the following when attached to or otherwise assembled with
one another: the steel core or shell, the windings, electrical
insulation between the windings, the mechanical frame for an LPT.
The product definition encompasses all such LPTs regardless of name
designation, including but not limited to step-up transformers, step-
down transformers, autotransformers, interconnection transformers,
voltage regulator transformers, rectifier transformers, and power
rectifier transformers.
The LPTs subject to this order are currently classifiable under
subheadings 8504.23.0040, 8504.23.0080, and 8504.90.9540 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the scope of this order is dispositive.
Analysis of Comments Received
Commerce provided parties with an opportunity to comment on its
intent to rescind the administrative review.\17\ We received comments
from Hyundai, stating that Commerce should, pursuant to 19 CFR
351.213(d)(3), rescind the administrative review with respect to all of
the companies on which Commerce initiated the review as there were no
suspended entries of subject LPTs.\18\ No other parties submitted
comments. We agree with Hyundai and find that there is no information
on the record to contradict the findings of our CBP queries.
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\17\ Id.
\18\ See Hyundai's Letter, ``Comments on the Department's Intent
to Rescind the Administrative Review,'' dated May 3, 2023.
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Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an antidumping duty order where it
concludes there were no suspended entries of subject merchandise during
the POR for an exporter or producer. Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
antidumping duty assessment rate(s) based on the final results for the
review period. Therefore, for an administrative review to be conducted,
there must be a suspended entry that Commerce can instruct CBP to
liquidate at the calculated antidumping duty assessment rate for the
review period. As explained above, there were no suspended entries of
subject merchandise from the companies on which Commerce initiated the
administrative review during the POR. Accordingly, in the absence of
suspended entries of subject merchandise during the POR, we are
rescinding this administrative review in accordance with 19 CFR
351.213(d)(3).
Cash Deposit Requirements
As Commerce is rescinding this administrative review, cash deposit
rates will not change. Accordingly, the current cash deposit
requirements shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the destruction 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 the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This notice is published in accordance with section 751 of the Act
and 19 CFR 351.213(d)(4).
Dated: July 28, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-16593 Filed 8-2-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 3, 2023.
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