[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49304-49306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19000]


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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 and Preliminary 
Determination of No Shipments, 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
large power transformers from the Republic of Korea were sold in the 
United States at less than normal value during the period of review 
(POR), August 1, 2019, through July 31, 2020. Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable September 2, 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

    Commerce initiated this review on October 6, 2020.\1\ We selected 
one mandatory respondent in this review, Hyosung Heavy Industries 
Corporation (Hyosung). For a more detailed description of the events 
that followed the initiation of this review, see the Preliminary 
Decision Memorandum, dated concurrently with these results and hereby 
adopted by this notice.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 63082 (October 6, 2020).
    \2\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Large Power 
Transformers from the Republic of Korea; 2019-2020,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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    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 (ACCESS). 
Access to ACCESS is available to registered users at http://access.trade.gov. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly 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.

Scope of the Order

    The scope of this order covers large liquid dielectric 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. 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.\3\
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    \3\ The full text of the scope of the order is contained in 
Preliminary Decision Memorandum.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    On October 27, 2020, LS Electric Co., Ltd. (LS Electric), formerly 
known as LSIS Co., Ltd. (LSIS) \4\ timely notified Commerce that it had 
no exports, sales, or entries of subject merchandise during the POR.\5\ 
Commerce issued a no

[[Page 49305]]

shipment inquiry to U.S. Customs and Border Protection (CBP), and CBP 
found no evidence of shipments from LSIS during the POR.\6\ Thus, based 
on record evidence, we preliminary determine that LSIS had no shipments 
during the POR. Consistent with Commerce's practice, we find that it is 
not appropriate to rescind the review with respect to LSIS but, rather, 
to complete the review and issue appropriate instructions to CBP based 
on the final results of this review.\7\
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    \4\ Commerce determined that LS Electric is the successor-in-
interest to LSIS. See 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, 86 FR 30915 (June 10, 2021).
    \5\ See LS Electric's Letter, ``Large Power Transformers from 
the Republic of Korea: LS Electric Co., Ltd. (formerly known as LSIS 
Co., Ltd.) No Shipment Letter,'' dated October 27, 2020.
    \6\ See Memorandum, ``shipment inquiry with respect to the 
company below during the period 08/01/2019 through 07/31/2020,'' 
dated November 20, 2020.
    \7\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306 
(August 28, 2014); and Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010).
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Preliminary Results of Review

    We preliminarily determine that, for the period August 1, 2018, 
through July 31, 2019, the following weighted-average dumping margins 
exist:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                         dumping
                                                              margin
                                                             (percent)
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Hyosung Heavy Industries Corporation....................            8.85
Hyundai Electric & Energy Systems Co., Ltd..............            8.85
Iljin Electric Co., Ltd.................................            8.85
ILJIN...................................................            8.85
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Disclosure and Public Comment

    Commerce 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.\8\ Interested parties are invited to comment on these 
preliminary results. Interested parties may submit case briefs no later 
than 30 days after the date of publication of this notice.\9\ Rebuttal 
briefs, the content of which is limited to the issues raised in the 
case briefs, must be filed within seven days from the deadline date for 
the submission of case briefs.\10\
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    \8\ See 19 CFR 351.224(b).
    \9\ See 19 CFR 351.309(c)(1)(ii).
    \10\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020).
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    Parties who submit case or rebuttal briefs 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.\11\ Case and rebuttal briefs should be filed using 
ACCESS.\12\ Case and rebuttal briefs must be served on interested 
parties.\13\ Executive summaries should be limited to five pages total, 
including footnotes.
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    \11\ See 19 CFR 351.309(c)(2).
    \12\ See generally 19 CFR 351.303.
    \13\ See 19 CFR 351.303(f).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a request to the Assistant Secretary for 
Enforcement and Compliance within 30 days of the date of publication of 
this notice. Requests should contain: (1) The party's name, address and 
telephone number; (2) the number of participants; (3) whether any 
participant is a foreign national; and (4) a list of issues parties 
intend to discuss. Issues raised in the hearing will be limited to 
those raised in the respective case and rebuttal briefs. If a request 
for a hearing is made, Commerce intends to hold the hearing at a time 
and date to be determined. Parties should confirm by telephone the date 
and time of the hearing two days before the scheduled date.
    Commerce intends to publish the final results of this 
administrative review, including the results of its analysis of issues 
raised in any case or rebuttal brief, no later than 120 days after 
publication of these preliminary results, unless extended.\14\
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    \14\ See section 751(a)(3)(A) of the Act; see also 19 CFR 
351.213(h).
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Assessment Rates

    Upon issuing the final results, Commerce shall determine, and CBP 
shall assess, antidumping duties on all appropriate entries. If the 
weighted-average dumping margin for Hyosung is not zero or de minimis 
(i.e., less than 0.50 percent) 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 dumping calculated for each importer's 
examined sales and the total entered value of such sales in accordance 
with 19 CFR 351.212(b)(1).\15\ We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific assessment rate calculated in the final 
results of this review is above de minimis (i.e., 0.50 percent). If 
Hyosung's weighted-average dumping margin is zero or de minimis in the 
final results of review, or if an importer-specific assessment rate is 
zero or de minimis, Commerce will instruct CBP to liquidate appropriate 
entries without regard to antidumping duties.\16\
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    \15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \16\ Id. at 8102-03; see also 19 CFR 351.106(c)(2).
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    In accordance with Commerce's ``automatic assessment'' 
practice,\17\ for entries of subject merchandise during the review 
period produced by each respondent for which it did not know its 
merchandise was destined for the United States, we will instruct CBP to 
liquidate unreviewed entries at the all-others rate of 22.00 percent 
established in the LTFV investigation.\18\
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    \17\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \18\ See Large Power Transformers from the Republic of Korea: 
Final Determination of Sales at Less Than Fair Value, 77 FR 40857 
(July 11, 2012).
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    For the companies which were not selected for individual review 
(i.e., Hyundai Electric & Energy Systems Co., Ltd., Iljin Electric Co., 
Ltd., and ILJIN), we will assign an assessment rate based on the cash 
deposit rate calculated for the company selected for mandatory review 
(i.e., Hyosung).\19\ The final results of this review shall be the 
basis for the assessment of antidumping duties on entries of 
merchandise covered by the final results of this review and for future 
deposits of estimated duties, where applicable.\20\
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    \19\ See section 735(c)(5)(A) of the Act; see also Preliminary 
Decision Memorandum at Section VII, ``Rate for Non-Selected 
Companies.
    \20\ See section 751(a)(2)(C) of the Act.
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    Consistent with its recent notice,\21\ Commerce intends to issue 
assessment instructions 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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    \21\ 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

[[Page 49306]]

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 
other companies listed above will be equal to the weighted-average 
dumping margin 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 recently completed segment of this 
proceeding in which they were reviewed; (3) if the exporter is not a 
firm covered in this review, a prior review, or in the 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 merchandise; and (4) the cash deposit rate for all 
other producers or exporters will continue to be the all-others rate of 
22.00 percent, the rate established in the investigation of this 
proceeding.\22\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \22\ 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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

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.

    Dated: August 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

    List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Deadline for Submission of Updated Sales and Cost Information
IV. Scope of the Order
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Rate for Non-Selected Companies
VIII. Recommendation

[FR Doc. 2021-19000 Filed 9-1-21; 8:45 am]
BILLING CODE 3510-DS-P