[Federal Register Volume 77, Number 170 (Friday, August 31, 2012)]
[Notices]
[Pages 53177-53178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21613]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-867]


Large Power Transformers From the Republic of Korea: Antidumping 
Duty Order

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

DATES: Effective Date: August 31, 2012.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC), 
the Department is issuing an antidumping duty order on large power 
transformers from the Republic of Korea (Korea).

FOR FURTHER INFORMATION CONTACT: David Cordell or Brian Davis, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-0408 
or (202) 482-7924, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), on July 11, 2012, the Department 
published the final determination of sales at less than fair value in 
the antidumping duty investigation of large power transformers from 
Korea. See Large Power Transformers from the Republic of Korea: Final 
Determination of Sales at Less Than Fair Value, 77 FR 40857 (July 11, 
2012). On August 24, 2012, the ITC notified the Department of its 
affirmative determination that an industry in the United States is 
materially injured within the meaning of section 735(b)(1)(A)(i) of the 
Act by reason of less-than-fair-value imports of large power 
transformers from Korea. See Large Power Transformers from Korea 
(Investigation No. 731-TA-1189 (Final), USITC Publication 4346, August 
2012). Pursuant to section 736(a) of the Act, the Department is 
publishing an antidumping duty order on the subject merchandise.

Scope of the Order

    The scope of this order covers large liquid dielectric power 
transformers (large 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 large power transformers are subassemblies consisting of 
the active part and any other parts attached to, imported with or 
invoiced with the active parts of large power transformers. 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 a large power transformer.
    The product definition encompasses all such large power 
transformers 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 large power transformers 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.

Antidumping Duty Order

    As stated above, on August 24, 2012, in accordance with section 
735(d) of the Act, the ITC notified the Department of its final 
determination in this investigation, in which it found material injury 
with respect to large power transformers from Korea. Because the ITC 
determined that imports of transformers from Korea are materially 
injuring a U.S. industry, all unliquidated entries of such merchandise 
from Korea, entered or withdrawn from warehouse, are subject to the 
assessment of antidumping duties.
    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise, for all relevant entries of

[[Page 53178]]

large power transformers from Korea. These antidumping duties will be 
assessed on unliquidated entries of large power transformers from Korea 
entered, or withdrawn from warehouse, for consumption on or after 
February 16, 2012, the date on which the Department published its 
Preliminary Determination,\1\ but will not include entries occurring 
after the expiration of the provisional measures period and before 
publication of the ITC's final injury determination as further 
described below.
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    \1\ See Large Power Transformers from the Republic of Korea: 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 77 FR 9204 (February 16, 2012) 
(Preliminary Determination).
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on all entries of large 
power transformers from Korea. We will also instruct CBP to require 
cash deposits equal to the estimated amount by which the normal value 
exceeds the U.S. price as indicated below. These instructions 
suspending liquidation will remain in effect until further notice.
    Accordingly, effective on the date of publication of the ITC's 
final affirmative injury determination, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
subject merchandise, a cash deposit equal to the estimated weighted-
average antidumping duty margins listed below. See section 736(a)(3) of 
the Act.

Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of large power transformers from Korea, we extended the 
four-month period to no more than six months. See letters to the 
Department from Hyosung Corporation and Hyundai Heavy Industries, dated 
December 22, 2011 and January 5, 2012, respectively. In the underlying 
investigation, the Department published the Preliminary Determination 
on February 16, 2012. See Preliminary Determination. Therefore, the 
six-month period beginning on the date of the publication of the 
Preliminary Determination ended on August 13, 2012. Furthermore, 
section 737(b) of the Act states that definitive duties are to begin on 
the date of publication of the ITC's final injury determination.
    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of large power transformers from Korea entered, or 
withdrawn from warehouse, for consumption after August 13, 2012, the 
date provisional measures expired, until and through the day preceding 
the date of publication of the ITC's final injury determination in the 
Federal Register. Suspension of liquidation will resume on the date of 
publication of the ITC's final injury determination in the Federal 
Register.
    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                             Weighted-
                  Manufacturer/Exporter                   Average margin
                                                             (percent)
------------------------------------------------------------------------
Hyundai Heavy Industries Co., Ltd.......................           14.95
Hyosung Corporation.....................................           29.04
All Others..............................................           22.00
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
large power transformers from Korea pursuant to section 736(a) of the 
Act. Interested parties can find an updated list of antidumping duty 
orders currently in effect at http://ia.ita.doc.gov/stats/iastats1.html.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: August 27, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-21613 Filed 8-30-12; 8:45 am]
BILLING CODE 3510-DS-P