[Federal Register Volume 86, Number 110 (Thursday, June 10, 2021)]
[Notices]
[Pages 30915-30916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12185]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-867]
Large Power Transformers From the Republic of Korea: Final
Results of Antidumping Duty Administrative Review, Final Determination
of No Shipments, and Final Successor-in-Interest Determination; 2018-
2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Hyosung
Heavy Industries Corporation (Hyosung) made sales of large power
transformers from the Republic of Korea (Korea) at less than normal
value during the period of review (POR) August 1, 2018, through July
31, 2019.
DATES: Applicable June 10, 2021.
FOR FURTHER INFORMATION CONTACT: John Drury, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-0195.
SUPPLEMENTARY INFORMATION:
Background
On December 18, 2020, Commerce published the Preliminary
Results.\1\ A summary of the events that occurred since Commerce
published these Preliminary Results, as well as a full discussion of
the issues raised by parties for these final results, may be found in
the Issues and Decision Memorandum, which is hereby adopted by this
notice.\2\
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\1\ See Large Power Transformers from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review, 2018-
2019; Preliminary Determination of No Shipments; and Preliminary
Successor-in-Interest Determination, 85 FR 82439 (December 18, 2020)
(Preliminary Results).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Large Power Transformers from the Republic of Korea; 2018-
2019,'' dated concurrently with this notice (Issues and Decision
Memorandum).
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The Issues and Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at http://enforcement.trade.gov/frn/index.html.
On March 31, 2021, Commerce extended the deadline for these final
results of review until June 4, 2021.\3\
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\3\ See Memorandum, ``Large Power Transformers from the Republic
of Korea; Antidumping Duty Administrative Review; 2018-2019:
Extension of Deadline for Final Results,'' dated March 31, 2021.
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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. 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. For a complete description of the scope
of the order, see the accompanying Issues and Decision Memorandum.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that LSIS Co. Ltd.
(LSIS) had no shipments of subject merchandise during the POR.\4\ No
party commented on this issue and because we have not received any
information to contradict our preliminary finding, we continue to find
that LSIS did not have any shipments of subject merchandise during the
POR and intend to issue appropriate instructions to U.S. Customs and
Border Protection (CBP) based on the final results of this review.
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\4\ See Preliminary Results.
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Final Successor-in-Interest Determination
In the Preliminary Results, Commerce determined that LS Electric
Co., Ltd. (LS Electric) is the successor-in-interest to LSIS.\5\ As no
party commented on this issue and because we have not received any
information to contradict our preliminary finding, we continue to find
that LS Electric is the successor-in-interest to LSIS.
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\5\ Id.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum. For a list of the issues raised by parties, see the
Appendix to this notice.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties, we made certain changes to the margin calculations
for Hyosung.\6\ As a result of these changes, the weighted-average
dumping margin also changes for the companies not selected for
individual examination.
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\6\ See Issues and Decision Memorandum at Comment 3; see also
Memorandum, ``Analysis of Data Submitted by Hyosung Corporation in
the Final Results of the 2018-2019 Administrative Review of the
Antidumping Duty Order on Large Power Transformers from the Republic
of Korea,'' dated concurrently with this notice.
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Final Results of the Review
The final weighted-average dumping margins are as follows:
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Weighted-
average
Producer or exporter dumping margin
(percent)
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Hyosung Heavy Industries Corporation.................... 52.47
Hyundai Electric & Energy Systems Co., Ltd.............. 52.47
Iljin Electric Co., Ltd................................. 52.47
Iljin.................................................. 52.47
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Disclosure
We will disclose the calculations performed to parties in this
proceeding within five days after the date of the public announcement
of these final results of review, in accordance with 19 CFR 351.224(b).
Assessment Rate
Commerce shall determine, and CBP shall assess, antidumping duties
on all appropriate entries.\7\ For any individually examined
respondents whose weighted-average dumping margin is above de minimis,
we calculated importer-specific ad valorem duty assessment rates based
on the ratio of the total amount of dumping
[[Page 30916]]
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 final results of this administrative review, if any
importer-specific assessment rates calculated in the final results are
above de minimis (i.e., at or above 0.5 percent), Commerce will issue
instructions directly to CBP to assess antidumping duties on
appropriate entries.
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\7\ In these final results, Commerce 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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To determine whether 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 calculated importer (or
customer)-specific ad valorem 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 has
reported reliable entered values, we will apply the assessment rate to
the entered value of the importer's/customer's entries during the POR.
Consistent with its recent notice,\8\ Commerce intends to issue
appropriate assessment instructions directly to CBP no earlier than 35
days after the date of publication of the final results of this review
in the Federal Register. If a timely summons is filed at the U.S. Court
of International Trade, the assessment instructions will direct CBP not
to liquidate relevant entries until the time for parties to file a
request for a statutory injunction has expired (i.e., within 90 days of
publication).
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\8\ See Notice of Discontinuation of Policy to Issue Liquidation
Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Cash Deposit Requirements
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 final results, as provided by section 751(a)(2) of
the Act: (1) The cash deposit rate for respondents noted above will be
equal to the weighted-average dumping margins established in the final
results of this administrative review; (2) for merchandise exported by
producers 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 producer is, the cash deposit rate will be the
rate established for the most recently completed segment of this
proceeding for the producer of the subject merchandise; and (4) the
cash deposit rate for all other producers or exporters will continue to
be 22.00 percent, the all-others rate established in the less-than-
fair-value 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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As explained above, we find that LS Electric has provided
sufficient evidence, based on the totality of the circumstances under
Commerce's successor-in-interest criteria, to demonstrate that LS
Electric is the successor-in-interest to LSIS. Accordingly, we intend
to instruct CBP to continue collecting deposits from LS Electric, and
any entries of merchandise produced by LS Electric, at the rate
assigned to LSIS.
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) to file a certificate regarding
the reimbursement of antidumping and/or countervailing duties prior to
liquidation of the relevant entries during the POR. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping and/or countervailing duties did occur and
the subsequent 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 this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h) and
19 CFR 351.221(b)(5).
Dated: June 3, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Successor-in-Interest
V. No Shipments
VI. Discussion of the Issues
A. Hyosung-Specific Issues
Comment 1: Sales Outside of the Ordinary Course of Trade
Comment 2: Date of Sale
Comment 3: Ministerial Errors
B. General Issues
Comment 4: Rate for Non-selected Respondents
VII. Recommendation
[FR Doc. 2021-12185 Filed 6-9-21; 8:45 am]
BILLING CODE 3510-DS-P