[Federal Register Volume 88, Number 51 (Thursday, March 16, 2023)]
[Notices]
[Pages 16236-16238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05386]


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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; 2020-2021

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

SUMMARY: The U.S. 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, 2020, through 
July 31, 2021.

DATES: Applicable March 16, 2023.

FOR FURTHER INFORMATION CONTACT: John Drury, AD/CVD Operations, Office 
VI, Enforcement and Compliance, International Trade Administration,

[[Page 16237]]

U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-0195.

SUPPLEMENTARY INFORMATION:

Background

    On September 13, 2022, Commerce published the Preliminary Results 
and invited interested parties to comment on 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.\2\
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    \1\ See Large Power Transformers from the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review, 2020-
2021, 87 FR 55993 (September 13, 2022) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \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; 2020-
2021,'' dated concurrently with, and hereby adopted by, 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.
    On January 9, 2023, Commerce extended the deadline for these final 
results of review until March 10, 2023.\3\ Commerce conducted this 
administrative review in accordance with section 751 of the Tariff Act 
of 1930, as amended (the Act).
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    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review; 2020-2021,'' dated January 
9, 2023.
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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. For a complete description of the scope of the order, see 
the accompanying Issues and Decision Memorandum.

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 for these final results of review.\4\ As a result of these 
changes, the weighted-average dumping margin also changes for the 
companies subject to this review, but not selected for individual 
examination.
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    \4\ See Issues and Decision Memorandum at Comment 1; see also 
Memorandum, ``Analysis of Data Submitted by Hyosung Corporation in 
the Final Results of the 2020-2021 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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Rates for Non-Selected Respondents

    The Act and Commerce's regulations do not address the establishment 
of a rate to be applied to companies not selected for individual 
examination when Commerce limits its examination in an administrative 
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce 
looks to section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in a market economy investigation, for 
guidance when calculating the rate for companies which were not 
selected for individual examination in an administrative review. Under 
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an 
amount equal to the weighted average of the estimated weighted average 
dumping margins established for exporters and producers individually 
investigated, excluding any zero and de minimis margins, and any 
margins determined entirely {on the basis of facts available{time} .''
    For these final results, we continue to calculate a weighted-
average dumping margin for Hyosung that is not zero, de minimis, or 
determined entirely on the basis of facts available. Accordingly, for 
these final results, we have assigned the rate calculated for 
respondent Hyosung to all of the non-selected respondents, as listed 
below.

Final Results of Review

    We determine that the following estimated weighted-average dumping 
margins exist for the period August 1, 2020, through July 31, 2021:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
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Hyosung Heavy Industries Corporation........................        4.32
Hyundai Electric & Energy Systems Co., Ltd..................        4.32
Iljin Electric Co., Ltd.....................................        4.32
Iljin.......................................................        4.32
LSIS Co., Ltd...............................................        4.32
------------------------------------------------------------------------

Disclosure

    We will disclose the calculations performed to parties in this 
proceeding within five days after the date of publication in the 
Federal Register of these final results of review, in accordance with 
19 CFR 351.224(b).

Assessment Rate

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review.\5\ For Hyosung, we calculated importer-specific ad valorem 
duty assessment rates 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 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),\6\ Commerce will 
issue instructions directly to CBP to assess antidumping duties on 
appropriate entries. Where an importer-specific assessment rate is zero 
or de minimis, the entries by that importer will be liquidated without 
regard to antidumping duties.
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    \5\ 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).
    \6\ See 19 CFR 351.106(c)(2).
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    For entries of subject merchandise during the POR produced by 
Hyosung 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 in the less-than-fair-value investigation if there 
is no rate for the intermediate company(ies) involved in

[[Page 16238]]

the transaction.\7\ For the companies that were not selected for 
individual examination, we will instruct CBP to liquidate entries at 
the rates established in these final results of review.
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    \7\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Commerce intends to issue appropriate 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).

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 rates for the companies subject to this 
review 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.\8\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \8\ 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) to file a certificate regarding 
the reimbursement of antidumping 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 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 an 
administrative protective order (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: March 10, 2023.
Lisa W. Wang,
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. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Calculation of Indirect Selling Expenses (ISE) 
Incurred in the United States
    Comment 2: Whether Commerce Should Correct Errors in Reported 
Expenses for One Sale
    Comment 3: Whether Commerce Should Apply the Transactions 
Disregarded Rule to Certain Hyosung Purchases of Materials
    Comment 4: Rate for Non-Selected Respondents
VI. Recommendation

[FR Doc. 2023-05386 Filed 3-15-23; 8:45 am]
BILLING CODE 3510-DS-P