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