[Federal Register Volume 59, Number 67 (Thursday, April 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8380]


[[Page Unknown]]

[Federal Register: April 7, 1994]


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DEPARTMENT OF COMMERCE
[A-475-031]

 

Large Power Transformers From Italy; Preliminary Results of 
Antidumping Duty Administrative Review

AGENCY: International Trade Administration/Import Administration, 
Commerce.

ACTION: Notice of preliminary results of antidumping duty 
administrative review.

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SUMMARY: In response to a request by the petitioner, the Department of 
Commerce is conducting an administrative review of the antidumping 
finding on large power transformers from Italy. The review covers 
exports of one manufacturer of this merchandise to the United States 
during the period from June 1, 1992, through May 31, 1993. As a result 
of the review, the Department has preliminarily determined that no 
dumping margins exist for the respondent. Interested parties are 
invited to comment on these preliminary results.

EFFECTIVE DATE: April 7, 1994.

FOR FURTHER INFORMATION CONTACT: Joseph Hanley or Michael R. Rill, 
Office of Antidumping Compliance, International Trade Administration, 
U.S. Department of Commerce, Washington, DC 20230; telephone: (202) 
482-4733.

SUPPLEMENTARY INFORMATION:

Background

    On June 7, 1993, the Department of Commerce (the Department) 
published a notice of ``Opportunity to Request Administrative Review'' 
(58 FR 31941). The petitioner requested this administrative review on 
June 28, 1993. We initiated the review on July 21, 1993 (58 FR 39007), 
covering the period June 1, 1992, through May 31, 1993. The Department 
is conducting this review in accordance with section 751 of the Tariff 
Act of 1930, as amended (the Tariff Act).

Scope of the Review

    Imports covered by the review are shipments of large power 
transformers (LPTs); that is, all types of transformers rated 10,000 
kVA (kilovolt-amperes) or above, by whatever name designated, used in 
the generation, transmission, distribution, and utilization of electric 
power. The term ``transformers'' includes, but is not limited to, shunt 
reactors, autotransformers, rectifier transformers, and power rectifier 
transformers. Not included are combination units, commonly known as 
rectiformers, if the entire integrated assembly is imported in the same 
shipment and entered on the same entry and the assembly has been 
ordered and invoiced as a unit, without a separate price for the 
transformer portion of the assembly. This merchandise is currently 
classifiable under the Harmonized Tariff Schedule (HTS) item numbers 
8504.22.00, 8504.23.00, 8504.34.33, 8504.40.00, and 8504.50.00. The HTS 
item numbers are provided for convenience and Customs purposes. The 
written description remains dispositive.
    The review covers one manufacturer/exporter of transformers, Tamini 
Costruzioni Elettromeccaniche (Tamini), during the period June 1, 1992, 
through May 31, 1993.

United States Price

    In calculating U.S. price (USP), the Department used purchase price 
as defined in section 772(b) of the Tariff Act. We calculated purchase 
price based on the packed price to the U.S. customer. We made 
adjustments to USP for transportation expenses to the Italian port and 
duty drawback.

Foreign Market Value

    For the purposes of the preliminary results, we determined that, 
due to the highly customized nature of the products under review, the 
LPTs sold in the United States could not reasonably be compared to any 
other LPTs sold by Tamini. Therefore, in accordance with section 
773(a)(2) of the Tariff Act, we calculated foreign market value based 
on constructed value of the model sold in the United States.
    In accordance with section 773(e) of the Tariff Act, the 
constructed value includes the costs of materials and fabrication, 
general expenses, profit, and packing for shipment to the United 
States. Home market selling expenses were used pursuant to section 
773(e)(1)(B) of the Tariff Act. Since the profit submitted by Tamini 
exceeded the statutory eight percent profit, we applied the submitted 
profit to the cost of production.
    We made circumstance of sale adjustments for differences in credit 
expenses, warranty expenses and direct bank charges. Since commissions 
were granted only in the home market, we offset the commission 
adjustment by adding U.S. indirect selling expenses to the constructed 
value.

Preliminary Results of Review

    As a result of our comparison of United States price to foreign 
market value, we preliminarily determine that a weighted-average margin 
of zero percent exists for sales of LPTs made to the United States by 
Tamini during the period June 1, 1992 through May 31, 1993.
    Parties to this proceeding may request disclosure within 5 days of 
publication of this notice and may request a hearing within 10 days of 
publication. Any hearing, if requested, will be held 44 days after the 
date of publication or the first business day thereafter. Case briefs 
and/or written comments from interested parties may be submitted not 
later than 30 days after the date of publication of this notice. 
Rebuttal briefs and rebuttals to written comments, limited to issues 
raised in those comments, may be filed not later than 37 days after the 
date of publication of this notice. Service of all briefs and written 
comments shall be in accordance with 19 CFR 353.38(e). The Department 
will publish the final results of the administrative review, including 
the results of its analysis of any such comments or hearing.
    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. The Department 
will issue appropriate appraisement instructions directly to the 
Customs Service upon completion of this review.
    Furthermore, the following deposit requirements will be effective 
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)(1) of the Tariff Act:
    (1) The cash deposit rate for Tamini will be the rate 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 recent period;
    (3) If the exporter is not a firm covered in this review, a prior 
review, or the original less-than-fair-value (LTFV) investigation, but 
the manufacturer is, the cash deposit rate will be the rate established 
for the most recent period for the manufacturer of the merchandise.
    The cash deposit rate for all other manufacturers or exporters will 
be 92.47 percent. On May 25, 1993, the Court of International Trade 
(CIT) in Floral Trade Council v. United States, Slip Op. 93-79, and 
Federal-Mogul Corporation v. United States, Slip Op. 93-83, decided 
that once an ``all others'' rate is established, it can only be changed 
through an administrative review. The Department has determined that in 
order to implement these decisions, it is appropriate to reinstate the 
original ``all others'' rate from the LTFV investigation (or that rate 
as amended for correction of clerical errors or as a result of 
litigation) in proceedings governed by antidumping duty orders as the 
``all others'' rate for cash deposits in all current and future 
administrative reviews. In proceedings governed by antidumping 
findings, unless we are able to ascertain the ``all others'' rate from 
the Treasury LTFV investigation, the Department has determined that it 
is appropriate to adopt the ``new shipper'' rate established in the 
first final results of administrative review published by the 
Department (or that rate as amended for correction of clerical errors 
or as a result of litigation) as the ``all others'' rate for the 
purposes of establishing cash deposits in all current and future 
administrative reviews.
    Because this proceeding is governed by an antidumping finding, and 
we are unable to ascertain the ``all others'' rate from the Treasury 
LTFV investigation, the Department has determined that it is 
appropriate to adopt the ``new shipper'' rate of 92.47 percent 
established in the first final results published by the Department in 
the Federal Register on August 6, 1984, (49 FR 31313).
    These deposit requirements, when imposed, shall remain in effect 
until publication of the final results of the next administrative 
review.
    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 353.26 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 the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This administrative review and notice are in accordance with 
section 751(a)(1) of the Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR 
353.22(c)(5).

    Dated: March 31, 1994.
Paul L. Joffe,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 94-8380 Filed 4-6-94; 8:45 am]
BILLING CODE 3510-DS-P