[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Notices]
[Pages 51282-51283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16593]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-867]


Large Power Transformers From the Republic of Korea: Rescission 
of Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the 
administrative review of the antidumping duty order on large power 
transformers (LPTs) from the Republic of Korea (Korea), covering the 
period of review (POR) August 1, 2021, through July 31, 2022.

DATES: Applicable August 3, 2023.

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 August 2, 2022, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the 
antidumping duty order on LPTs from Korea, covering the POR.\1\ On 
August 29, 2022, respondent Hyosung Heavy Industries Corporation 
(Hyosung) timely requested that Commerce conduct an administrative 
review of itself,\2\ and on August 31, 2022, Hitachi Energy USA, Inc. 
(the petitioner) timely requested that Commerce conduct an 
administrative review of several exporters and/or producers.\3\ On 
October 11, 2022, Commerce published in the Federal Register a notice 
of initiation of an administrative review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act).\4\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 47187 (August 2, 
2022).
    \2\ See Hyosung's Letter, ``Hyosung's Request for Administrative 
Review,'' dated August 29, 2022.
    \3\ See Petitioner's Letter, ``Request for 2021/2022 
Administrative Review,'' dated August 31, 2022.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 61278 (October 11, 2022) (Initiation 
Notice).
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    On October 26, 2022, Commerce released U.S. Customs and Border 
Protection (CBP) import data, with respect to LPTs from Korea subject 
to the antidumping duty order, during the POR, and solicited comments 
from parties.\5\ As a result of the query to CBP, Commerce found no 
suspended entries of LPTs from Korea during the POR.\6\
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    \5\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Import Data,'' dated October 26, 2022 (CBP Data 
Memorandum).
    \6\ Id.
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    On November 1, 2022, Iljin Electric Co., Ltd. (Iljin) submitted a 
letter to Commerce certifying that Iljin had no exports, sales, or 
entries to the United States during the POR of subject LPTs.\7\ On 
November 2, 2022, Hyosung Heavy Industries Corporation (Hyosung) 
submitted a letter to Commerce certifying that Hyosung had no exports, 
sales, or entries of subject LPTs into the United States during the 
POR, as well as withdrawing Hyosung's request for

[[Page 51283]]

administrative review.\8\ On November 3, 2022, LS Electric Co., Ltd (LS 
Electric) submitted a letter to Commerce certifying that LS Electric 
had no exports, sales, or entries of subject LPTs into the United 
States during the POR.\9\ On November 4, 2022, Hyundai Electric & 
Energy Systems Co., Ltd. (Hyundai) submitted a letter to Commerce 
certifying that Hyundai had no exports, sales, or entries of subject 
LPTs into the United States during the POR.\10\ Commerce issued a no-
shipment inquiry to CBP, and received a response from CBP stating that 
there were no suspended entries during the POR from any of the 
companies on which we initiated the administrative review.\11\
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    \7\ See Iljin's Letter, ``No Shipments Letter,'' dated November 
1, 2022.
    \8\ See Hyosung's Letter, ``Notification of No Shipments and 
Withdrawal of Review Request,'' dated November 2, 2022.
    \9\ See LS Electric's Letter, ``No Shipment Letter,'' dated 
November 3, 2022. LS Electric also stated that it was formerly known 
as LSIS Co., Ltd. Commerce initiated the administrative review with 
respect to entries from LSIS Co., Ltd. See Initiation Notice. 
Commerce previously determined that LS Electric Co., Ltd. is the 
successor-in-interest to LSIS Co., Ltd. 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).
    \10\ See Hyundai's Letter, ``No Shipments Letter,'' dated 
November 4, 2022.
    \11\ See Memorandum, ``No Shipment Inquiry for Multiple 
Companies During the period 08/01/2021 through 07/31/2022,'' dated 
January 9, 2023.
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    On November 9, 2022, the petitioner submitted comments and new 
factual information in response to the CBP Data Memorandum, stating 
that information on the record indicated that there may have been sales 
and/or entries of subject LPTs into the United States during the POR 
manufactured and/or sold by Hyosung and Hyundai.\12\ On January 3, 
2023, the petitioners submitted additional new factual information 
which, according to the petitioners, showed that Hyosung had sales of 
subject LPTs in the United States during the POR.\13\ On January 20, 
2023, Hyosung submitted comments and new factual information to rebut, 
clarify, or correct the factual information submitted by the 
petitioners.\14\
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    \12\ See Petitioner's Letter, ``Comments in Response to the 
Department's Release of Entry Data from U.S. Customs and Border 
Protection,'' dated November 9, 2022. In the letter, the 
``petitioners'' were identified as Hitachi Energy USA Inc. and 
Prolec-GE Waukesha, Inc (hereinafter referred to as petitioners).
    \13\ See Petitioners' Letter, ``Submission of New Factual 
Information,'' dated January 3, 2023.
    \14\ See Hyosung's Letter, ``Hyosung's Rebuttal Factual 
Information,'' dated January 20, 2023.
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    On April 26, 2023, Commerce issued a memorandum stating its intent 
to rescind the administrative review of the antidumping duty order on 
LPTs from Korea for all companies on which we initiated the review.\15\ 
Commerce stated that, based on the examination of record evidence, 
information on the record did not undermine the results of the CBP data 
query or the certified statements by parties that there were no sales, 
shipments, or entries of subject LPTs to the United States during the 
POR.\16\
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    \15\ See Memorandum, ``Intent to Rescind Review,'' dated 
February 17, 2023 (Intent to Rescind Review).
    \16\ Id.
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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.
    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.

Analysis of Comments Received

    Commerce provided parties with an opportunity to comment on its 
intent to rescind the administrative review.\17\ We received comments 
from Hyundai, stating that Commerce should, pursuant to 19 CFR 
351.213(d)(3), rescind the administrative review with respect to all of 
the companies on which Commerce initiated the review as there were no 
suspended entries of subject LPTs.\18\ No other parties submitted 
comments. We agree with Hyundai and find that there is no information 
on the record to contradict the findings of our CBP queries.
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    \17\ Id.
    \18\ See Hyundai's Letter, ``Comments on the Department's Intent 
to Rescind the Administrative Review,'' dated May 3, 2023.
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Rescission of Review

    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to 
rescind an administrative review of an antidumping duty order where it 
concludes there were no suspended entries of subject merchandise during 
the POR for an exporter or producer. Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the 
antidumping duty assessment rate(s) based on the final results for the 
review period. Therefore, for an administrative review to be conducted, 
there must be a suspended entry that Commerce can instruct CBP to 
liquidate at the calculated antidumping duty assessment rate for the 
review period. As explained above, there were no suspended entries of 
subject merchandise from the companies on which Commerce initiated the 
administrative review during the POR. Accordingly, in the absence of 
suspended entries of subject merchandise during the POR, we are 
rescinding this administrative review in accordance with 19 CFR 
351.213(d)(3).

Cash Deposit Requirements

    As Commerce is rescinding this administrative review, cash deposit 
rates will not change. Accordingly, the current cash deposit 
requirements shall remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or 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

    This notice is published in accordance with section 751 of the Act 
and 19 CFR 351.213(d)(4).

    Dated: July 28, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2023-16593 Filed 8-2-23; 8:45 am]
BILLING CODE 3510-DS-P