[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)]
[Notices]
[Pages 27088-27089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10632]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-867]


Large Power Transformers From the Republic of Korea: Amended 
Final Results of Antidumping Duty Administrative Review; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is amending its 
final results in the administrative review of the antidumping duty 
order on large power transformers from the Republic of Korea (Korea) 
for the period August 1, 2013, through July 31, 2014, to correct a 
ministerial error.

DATES: Effective Date: May 5, 2016.

FOR FURTHER INFORMATION CONTACT: Brian Davis (Hyosung) or Edythe Artman 
(Hyundai), 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) 482-3931, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 6, 2016, the Department published the final results for 
the 2013/2014 administrative review of the antidumping duty order on 
large power transformers from Korea.\1\
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    \1\ See Large Power Transformers From the Republic of Korea: 
Final Results of Antidumping Duty Administrative Review; 2013-2014, 
81 FR 14087 (March 6, 2016) and accompanying Issues and Decision 
Memorandum (Final Results).
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    On March 16, 2016, Petitioner, ABB Inc., and one of the 
respondents, Hyosung Corporation and HICO America, Inc. (collectively, 
Hyosung), submitted allegations of ministerial errors. The other 
respondent, Hyundai Heavy Industries Co., Ltd. and Hyundai Corporation, 
USA (collectively, Hyundai) and Petitioner filed comments on the 
allegations on March 21, 2016. Based on our analysis of the 
allegations, we made changes to the calculation of the weighted-average 
dumping margin for Hyosung and for the non-individually examined 
respondents.\2\
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    \2\ This analysis is set forth in the Memorandum to Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, from Scot Fullerton, Director, Antidumping and 
Countervailing Duty Operations, Office VI, on the subject of 
``Ministerial Error Memorandum for the Amended Final Results of the 
2013/2014 Administrative Review of the Antidumping Duty Order on 
Large Power Transformers from the Republic of Korea'', dated April 
29, 2016 (Ministerial Error Memorandum).
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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.
    Incomplete LPTs are subassemblies consisting of the active part and 
any other parts attached to, imported with or invoiced with the active 
parts of LPTs. 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 an LPT.
    The product definition encompasses all such LPTs 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 LPTs 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.

Ministerial Error

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), and 
19 CFR 351.224(f) define a ``ministerial error'' as an error ``in 
addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which the Secretary considers 
ministerial.''
    Hyosung argues that in the Final Results, the Department did not 
update certain programming language in the Margin Calculation Program. 
As a result, Hyosung contends, the programming language did not fully 
implement the Department's intended changes. We agree with Hyosung and, 
therefore, have corrected our Margin Calculation Program.\3\ As a 
result, the weighted-average dumping margin for Hyosung changes from 
9.40 percent to 7.89 percent. Furthermore, the rate for the respondents 
not selected for individual examination, which is based on the 
weighted, simple-average of the two respondents selected for individual 
examination, changes from 6.74 percent to 5.98 percent.\4\
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    \3\ See Ministerial Error Memorandum at 3.
    \4\ The rate applied to the non-selected companies (i.e., ILJIN, 
ILJIN Electric, and LSIS) is a simple average percentage margin 
calculated based on Hyosung's and Hyundai's dumping margins for the 
period August 1, 2013, through July 31, 2014.
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    Hyosung also claimed that the Department erred in its application 
of a freight-revenue cap, but we find this claim does not constitute a 
ministerial error within the meaning of 735(e) of the Act or 19 CFR 
351.224(f), because our adjustment is methodological in nature and the 
adjustment we made was consistent with our stated intention in the 
Final Results.\5\
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    \5\ See Ministerial Error Memorandum at 3-5.
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    Finally, Petitioner argued that the Department made a ministerial 
error when it determined it was not necessary to cap sales-related 
revenues of directly-associated expenses in the calculation of 
Hyundai's final dumping margin. We find that this claim does not 
constitute a ministerial error within the meaning of 735(e) of the Act 
or 19 CFR 351.224(f), as our decision is methodological in nature and 
our intent to not impose any such caps is reflected in our final margin 
calculations.\6\
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    \6\ Id. at 6-7.
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Amended Final Results of the Review

    The Department determines that the following amended weighted-
average dumping margins exist for the period August 1, 2013, through 
July 31, 2014:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                           Company                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Hyosung Corporation.........................................        7.89
Hyundai Heavy Industries Co., Ltd...........................        4.07
ILJIN Electric Co., Ltd.....................................        5.98
ILJIN.......................................................        5.98
LSIS Co., Ltd...............................................        5.98
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Disclosure

    We will disclose the calculation memorandum used in our analysis to 
parties to this segment of the proceeding within five days of the date 
of the publication of these amended final results pursuant to 19 CFR 
351.224(b).

[[Page 27089]]

Duty Assessment

    The Department shall determine and U.S. Customs and Border 
Protection (CBP) shall assess antidumping duties on all appropriate 
entries.\7\ For Hyosung, whose sales were individually examined and 
whose weighted-average dumping margin is above de minimis, we 
calculated an ad valorem importer-specific duty assessment rate based 
on the ratio of the total amount of dumping calculated for the 
importer's examined sales to the total entered value of those same 
sales in accordance with 19 CFR 351.212(b)(1). Upon issuance of the 
amended final results of this administrative review, the Department 
will not issue instructions to CBP to assess antidumping duties on 
entries due to the preliminary injunction that was issued by the Court 
of International Trade after the issuance of the Final Results. See CBP 
Message Number 6098301.
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    \7\ In these final results, the Department applied the 
assessment-rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
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    Upon lifting of the injunction, we will determine if the duty 
assessment rates covering the period were de minimis, in accordance 
with the requirement set forth in 19 CFR 351.106(c)(2). For each 
respondent we will calculate importer (or customer)-specific rates by 
aggregating the amount of dumping calculated for all U.S. sales to that 
importer or customer and dividing this amount by the total entered 
value of the sales to that importer (or customer). Where an importer 
(or customer)-specific ad valorem rate is greater than de minimis, and 
the respondent reported reliable entered values, we will apply the 
assessment rate to the entered value of the importer's/customer's 
entries during the review period.
    For entries of subject merchandise during the POR produced by 
Hyosung or Hyundai which they did not know were destined for the United 
States, we instructed CBP to liquidate unreviewed entries at the all-
others rate if there was no rate for the intermediate company or 
companies involved in the transaction.\8\ See CBP Message Numbers 
6102304 and 6102305 for Hyosung and Hyundai entries, respectively.
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    \8\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Instructions

    The following cash deposit requirements will be effective upon 
publication of this notice for all shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
publication of these amended final results, as provided by section 
751(a)(2) of the Act: (1) The cash deposit rate for respondents noted 
above will be the rate established in the amended final results of this 
administrative review; (2) for merchandise exported by manufacturers or 
exporters not covered in this administrative review but covered in a 
prior segment of the proceeding, the cash deposit rate will continue to 
be the company specific rate published for the most recently completed 
segment of this proceeding; (3) if the exporter is not a firm covered 
in this review, a prior review, or the original investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recently completed segment of this proceeding for the 
manufacturer of the subject merchandise; and (4) the cash deposit rate 
for all other manufacturers or exporters will continue to be 22.00 
percent, the all-others rate established in the antidumping 
investigation.\9\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \9\ 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 Regarding the Reimbursement of Duties

    This notice also serves as a final 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 the period of review. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and, subsequently, the 
assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing these amended final results in 
accordance with section 751(h) of the Act and 19 CFR 351.224(f).

    Dated: April 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-10632 Filed 5-4-16; 8:45 am]
 BILLING CODE 3510-DS-P