[Federal Register Volume 79, Number 185 (Wednesday, September 24, 2014)]
[Notices]
[Pages 57046-57047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22744]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-867]


Large Power Transformers From the Republic of Korea: Preliminary 
Results of Antidumping Duty Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on large power 
transformers (LPTs) from the Republic of Korea (Korea). The period of 
review (POR) is February 16, 2012, through July 31, 2013. The review 
covers five producers/exporters of the subject merchandise, Hyosung 
Corporation (Hyosung), Hyundai Heavy Industries Co., Ltd. (Hyundai), 
ILJIN, ILJIN Electric Co., Ltd. (ILJIN Electric), and LSIS Co., Ltd. 
(LSIS). ILJIN, ILJIN Electric, and LSIS, were not selected for 
individual examination.
    We preliminarily determine that sales of subject merchandise by 
Hyosung and Hyundai were made at less than normal value during the POR. 
Interested parties are invited to comment on these preliminary results.

DATES: Effective Date: September 24, 2014.

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

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The scope of this order covers large liquid dielectric power 
transformers (LPTs) 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. The merchandise 
subject to the order is currently classified in the Harmonized Tariff 
Schedule of the United States at subheadings 8504.23.0040, 8504.23.0080 
and 8504.90.9540. This tariff classification is provided for 
convenience and Customs purposes; however, the written description of 
the scope of the order is dispositive. A full description of the scope 
of the order is contained in the memorandum from Gary Taverman, 
Associate Deputy Assistant Secretary for AD/CVD Operations, to Ronald 
K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, titled ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review: Large Power Transformers from 
the Republic of Korea; 2012-2103'' (Preliminary Decision Memorandum), 
which is issued concurrent with and hereby adopted by this notice.

Methodology

    The Department has conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed 
export price (CEP) is calculated in accordance with section 772 of the 
Act. Normal value is calculated in accordance with section 773 of the 
Act. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.
    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
Access to IA ACCESS is available to registered users at http://iaaccess.trade.gov and is available to all parties in the Central 
Records Unit, Room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. A list of topics discussed in the Preliminary Decision 
Memorandum is attached as an Appendix to this notice. The signed 
Preliminary Decision Memorandum and the electronic versions of the 
Preliminary Decision Memorandum are identical in content.

Preliminary Results of Review

    We preliminarily determine that, for the period February 16, 2012, 
through July 31, 2013, the following dumping margins exist: \1\
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    \1\ The rate applied to the non-selected companies (i.e., ILJIN, 
ILJIN Electric, and LSIS) is a weighted-average percentage margin 
calculated based on the publicly-ranged U.S. volumes of the two 
reviewed companies with an affirmative dumping margin, for the 
period February 16, 2012, through July 31, 2013. See Memorandum to 
the File titled, ``Large Power Transformers from the Republic of 
Korea: Margin for Respondents Not Selected for Individual 
Examination,'' through Angelica Mendoza, Program Manager, dated 
concurrently with this notice.

------------------------------------------------------------------------
                                                       Weighted-average
                Manufacturer/exporter                  margin (percent)
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Hyosung Corporation.................................                6.56
Hyundai Heavy Industries Co., Ltd...................                9.34
ILJIN Electric Co., Ltd.............................                8.11
ILJIN...............................................                8.11
LSIS Co., Ltd.......................................                8.11
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Disclosure and Public Comment

    The Department will disclose to parties to the proceeding any 
calculations performed in connection with these preliminary results of 
review within five days after the date of publication of this 
notice.\2\ The Department will announce the briefing schedule to 
interested parties at a later date. Interested parties may submit case 
briefs on the deadline that the Department will announce and rebuttal 
briefs within five days after the time limit for filing case briefs.\3\ 
Rebuttal briefs, the content of which is limited to the issues raised 
in the case briefs, must be filed within five days from the deadline 
date for the submission of case briefs.\4\
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    \2\ See 19 CFR 351.224(b).
    \3\ See 19 CFR 351.309(c)(1)(ii) and (d)(1).
    \4\ See 19 CFR 351.309(d)(1) and (2).
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    Parties who submit arguments in this proceeding are requested to 
submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\5\ Case and 
rebuttal briefs should be filed using IA ACCESS.\6\ Case and rebuttal 
briefs must be served on interested parties.\7\ Executive summaries 
should be limited to five pages total, including footnotes.
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    \5\ See 19 CFR 351.309(c)(2).
    \6\ See generally 19 CFR 351.303.
    \7\ See 19 CFR 351.303(f).
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    Within 30 days of the date of publication of this notice, 
interested parties may request a public hearing on arguments raised in 
the case and rebuttal briefs.\8\ Unless the Department specifies 
otherwise, the hearing, if requested, will be held two days after the 
date for submission of rebuttal briefs.\9\ Written argument and hearing 
requests should be electronically submitted to the Department via IA 
ACCESS.\10\ The Department's electronic

[[Page 57047]]

records system, IA ACCESS, must successfully receive an electronically-
filed document in its entirety by 5:00 p.m. Eastern Daylight Time 
within 30 days after the date of publication of this notice.\11\ 
Requests should contain: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case briefs. Parties will be notified of the time and 
location of the hearing.
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    \8\ See 19 CFR 351.310(c).
    \9\ See 19 CFR 351.310(d)(1).
    \10\ See generally 19 CFR 351.303.
    \11\ See 19 CFR 351.310(c).
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    The Department intends to publish the final results of this 
administrative review, including the results of its analysis of issues 
addressed in any case or rebuttal brief, no later than 120 days after 
publication of these preliminary results, unless extended.\12\
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    \12\ See section 751(a)(3)(A) of the Act; 19 CFR 351.213(h).
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Assessment Rates

    Upon completion of this administrative review, the Department shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries.\13\ If respondents' weighted-average dumping margin is not 
zero or de minimis in the final results of this review, we will 
calculate importer-specific assessment rates on the basis of the ratio 
of the total amount of antidumping duties calculated for an importer's 
examined sales and the total entered value of such sales in accordance 
with 19 CFR 351.212(b)(1). If respondents' weighted-average dumping 
margin is zero or de minimis in the final results of review, we will 
instruct CBP not to assess duties on any of its entries in accordance 
with the Final Modification for Reviews, i.e., ``{w{time} here the 
weighted-average margin of dumping for the exporter is determined to be 
zero or de minimis, no antidumping duties will be assessed.'' \14\
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    \13\ See 19 CFR 351.212(b)(1).
    \14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews).
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\15\ This clarification will apply to entries of subject 
merchandise during the POR produced by Hyosung and Hyundai in these 
preliminary results of review for which the reviewed company did not 
know their merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate un-reviewed entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction.
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    \15\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review 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)(2)(C) of the Act: (1) The cash deposit rate for Hyosung and 
Hyundai will be that 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 
in the 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) the cash deposit rate for all 
other manufacturers or exporters will continue to be the all-others 
rate of 22.00 percent, which is the all-others rate established in the 
investigation.\16\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \16\ See Large Power Transformers From the Republic of Korea: 
Antidumping Duty Order, 77 FR 53177 (August 31, 2012).
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Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: September 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Background
2. Companies Not Selected for Individual Examination
3. Deadline for Submission of Updated Sales and Cost Information
4. Scope of the Order
5. Comparisons to Normal Value
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
6. Product Comparisons
7. Date of Sale
8. Constructed Export Price
9. Normal Value
    A. Home Market Viability
    B. Level of Trade
    C. Cost of Production
    1. Calculation of Cost of Production
    2. Test of Comparison Market Sales Prices
    3. Results of the Cost of Production Test
    D. Calculation of Normal Value Based on Comparison Market Prices
    E. Price-to-Constructed Value Comparison
    F. Constructed Value
10. Currency Conversion

[FR Doc. 2014-22744 Filed 9-23-14; 8:45 am]
BILLING CODE 3510-DS-P