[Federal Register Volume 60, Number 84 (Tuesday, May 2, 1995)]
[Notices]
[Pages 21499-21501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10782]



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DEPARTMENT OF COMMERCE
A-427-030


Large Power Transformers From France; Preliminary Results of 
Antidumping Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of preliminary results of the antidumping duty 
administrative review; large power transformers from France.

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SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty finding on large 
[[Page 21500]] power transformers (LPTs) from France in response to a 
request by respondent, Jeumont Schneider Transformateurs (JST). This 
review covers shipments of this merchandise to the United States during 
the period June 1, 1993 through May 31, 1994.
    We have preliminarily determined that sales have been made below 
the foreign market value (FMV). If these preliminary results are 
adopted in our final results, we will instruct U.S. Customs to assess 
antidumping duties equal to the differences between the United States 
price (USP) and FMV. We have preliminarily found a dumping margin of 
1.50 percent for JST.
    Interested parties are invited to comment on these preliminary 
results.

EFFECTIVE DATE: May 2, 1995.

FOR FURTHER INFORMATION CONTACT: Donald Little, Elisabeth Urfer, or 
Maureen Flannery, Office of Antidumping Compliance, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, N.W., Washington D.C. 
20230; telephone (202) 482-4733.

SUPPLEMENTARY INFORMATION:

Background

    The Treasury Department published in the Federal Register an 
antidumping finding on LPTs from France on June 14, 1972 (37 FR 11772). 
On June 7, 1994, we published in the Federal Register (59 FR 29411) a 
notice of opportunity to request an administrative review of the 
antidumping finding on LPTs from France covering the period June 1, 
1993 through May 31, 1994.
    In accordance with 19 CFR 353.22(a), JST requested that we conduct 
an administrative review of its sales. We published a notice of 
initiation of this antidumping duty administrative review on July 15, 
1994 (59 FR 36160). The Department is conducting this administrative 
review in accordance with section 751 of the Tariff Act of 1930, as 
amended (the Act).

Scope of Review

    Imports covered by the review are shipments of 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.
    This review covers one manufacturer/exporter of transformers, JST, 
and the period June 1, 1993 through May 31, 1994.

Verification

    We conducted verification of JST's questionnaire response in Lyons, 
France, from March 6 through March 10, 1995.

United States Price

    For sales made by JST we based the USP on purchase price, in 
accordance with section 772(b) of the Act, because the subject 
merchandise was sold to unrelated purchasers in the United States prior 
to importation into the United States.
    JST requested that we include in this review two purchase price 
sales that entered during the period of review (POR), and one purchase 
price sale which was sold during the POR, but which entered the United 
States after the POR. Due to the timing of this third shipment, we were 
unable to verify certain relevant data pertaining to this sale (see the 
proprietary memorandum to the file dated April 5, 1995). Therefore, we 
did not include this sale in our analysis for these preliminary 
results.
    We calculated purchase price based on the delivered price to 
unrelated purchasers. We made deductions for ocean freight, foreign 
inland freight, U.S. inland freight, U.S. duty, ocean freight, and, 
where applicable, air freight.

Foreign Market Value

    We preliminarily determine that there are no home market or third 
country sales of comparable merchandise. Therefore, in accordance with 
section 773(a)(2) of the Act, we used constructed value (CV) to 
calculate FMV for JST.
    CV consists of the cost of materials, labor, fabrication, general 
expenses, profit, and packing. We used: (1) Actual general expenses or 
the statutory minimum of 10 percent of materials and fabrication, 
whichever was greater; (2) actual profit or the statutory minimum of 8 
percent of materials and fabrication costs and general expenses, 
whichever was greater; and (3) packing costs for merchandise exported 
to the United States. We made a circumstance-of-sale adjustment by 
deducting from CV home market direct selling expenses, i.e., warranties 
and commissions, and adding to CV U.S. direct selling expenses, i.e., 
commissions, selling expenses, and credit. No other adjustments were 
claimed or allowed.

Preliminary Results of the Review

    We preliminarily determine that the following dumping margin 
exists:

------------------------------------------------------------------------
                                                                 Margin 
          Manufacturer/Exporter                Time period     (percent)
------------------------------------------------------------------------
Jeumont Schneider Transformateurs........  6/1/93-5/31/94....      1.50 
------------------------------------------------------------------------

    Parties to the proceeding may request disclosure within 5 days of 
the date of publication of this notice. Any interested party may 
request a hearing within 10 days of publication. Any hearing, if 
requested, will be held 44 days after the publication of this notice, 
or the first workday thereafter. Interested parties may submit case 
briefs within 30 days of the date of publication of this notice. 
Rebuttal briefs, which must be limited to issues raised in the case 
briefs, may be filed not later than 37 days after the date of 
publication. The Department will publish a notice of final results of 
this administrative review, which will include the results of its 
analysis of issues raised in any such comments.
    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. Individual 
differences between USP and FMV may vary from the percentage stated 
above. Upon completion of this review, the Department will issue 
appraisement instructions directly to the Customs Service.
    Furthermore, the following deposit rates will be effective upon 
publication of the final results of these administrative reviews for 
all shipments of LPTs from France entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided for by 
section 751(a)(1) of the Act: (1) The cash deposit rate for the 
reviewed company will be the rate established in the final results of 
this review; (2) for previously reviewed or investigated companies not 
listed above, the cash deposit rate will continue to be the company-
specific rate [[Page 21501]] 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 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; and (4) for all 
other producers and/or exporters of this merchandise, the cash deposit 
rate shall be 24 percent, the rate established in the first notice of 
final results of administrative review published by the Department (47 
FR 10268, March 10, 1982).
    These deposit rates, 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 Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.

    Dated: April 25, 1995.
Paul L. Joffe,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 95-10782 Filed 5-1-95; 8:45 am]
BILLING CODE 3510-DS-P