[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74869-74871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20797]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-867]
Large Power Transformers From the Republic of Korea: Preliminary
Results and Rescission, in Part, of Antidumping Duty Administrative
Review, 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that Iljin Electric Co., Ltd. (Iljin), and non-individually examined
companies for which a review was requested, made sales of large power
transformers from the Republic of Korea (Korea) at prices below normal
value (NV) during the period of review (POR) of August 1, 2022, through
July 31, 2023. Commerce also preliminarily finds that HD Hyundai
Electric Co., Ltd. (Hyundai) did not make sales of large power
transformers from Korea at prices below NV during the POR.
Additionally, Commerce is rescinding this administrative review, in
part, with respect Hyosung Heavy Industries Corporation (Hyosung)
because Hyosung had no entries of subject merchandise during the POR.
We invite interested parties to comment on these preliminary results.
DATES: Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT: John Drury at (202) 482-0195 or Jinny
Ahn at (202) 482-0339, AD/CVD Operations, Office VI, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the antidumping duty order on large power
transformers on August 31, 2012.\1\ Commerce provided an opportunity to
request an administrative review on August 2, 2023.\2\ On August 31,
2023, we received requests to conduct an administrative review from
Iljin,\3\ Hyundai,\4\ and Hitachi Energy USA, Inc. and Prolec-GE
Waukesha, Inc. (the petitioners).\5\ Commerce initiated this review on
October 18, 2023.\6\ We selected two mandatory respondents in this
review, Hyundai and Iljin. For a more detailed description of the
events that followed the initiation of this review, see the Preliminary
Decision Memorandum.\7\
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\1\ See Large Power Transformers from the Republic of Korea:
Antidumping Duty Order, 77 FR 53177 (August 31, 2012) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 88 FR 50840, (August 2, 2023).
\3\ See Iljin's Letter, ``Request for Administrative Review,''
dated August 31, 2023.
\4\ See Hyundai's Letter, ``Administrative Review Request,''
dated August 31, 2023.
\5\ See Petitioners' Letter, ``Request for Administrative
Review,'' dated August 31, 2023.
\6\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829, 71831 (October 18, 2023)
(Initiation Notice).
\7\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review of Large Power
Transformers from the Republic of Korea; 2022-2023,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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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.\8\
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\8\ The full text of the scope of the Order is contained in
Preliminary Decision Memorandum.
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Partial 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 when
there are no reviewable entries of subject merchandise during the POR
for which liquidation is suspended.\9\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
antidumping duty assessment rate calculated for the review period.\10\
Therefore, for an administrative review to be conducted, there must be
at least one reviewable, suspended entry that Commerce can instruct CBP
to liquidate at the antidumping duty assessment rate calculated for the
review period.\11\ There were no entries of subject merchandise during
the POR for
[[Page 74870]]
Hyosung.\12\ As a result, on August 22, 2024, Commerce notified all
interested parties of its intent to rescind this review, in part, with
respect to Hyosung and received no comments.\13\ Therefore, we are
rescinding this administrative review with respect to Hyosung. The
administrative review remains active with respect to the three other
companies upon which we initiated this review.
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\9\ See, e.g., Dioctyl Terephthalate from the Republic of Korea:
Rescission of Antidumping Administrative Review; 2021-2022, 88 FR
24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut-
to-Length Plate from the Federal Republic of Germany: Recission of
Antidumping Administrative Review; 2020-2021, 88 FR 4157 (January
24, 2023).
\10\ See 19 CFR 351.212(b)(1).
\11\ See 19 CFR 351.213(d)(3).
\12\ See Memorandum, ``Release of U.S. Customs and Border
Protection Import Data,'' dated November 14, 2023.
\13\ See Memorandum, ``Notice of Intent To Rescind Review, In
Part,'' dated August 22, 2024.
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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. A list of the topics discussed in the
Preliminary Decision Memorandum is included as the appendix to this
notice. The Preliminary Decision Memorandum is a public document and is
made available to the public 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 Preliminary
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Rate for Non-Selected Respondents
The statute 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
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .'' In this review, only one mandatory
respondent (i.e., Iljin) has received a weighted-average dumping margin
which is not that did not get a rate that is zero, de minims, or
determined entirely on the basis of facts available. Accordingly, we
have applied the rate calculated for Iljin, 10.61 percent, to the non-
selected companies.
Preliminary Results of Review
We preliminarily determine the following estimated weighted-average
dumping margins exist during the period August 1, 2022, through July
31, 2023:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
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HD Hyundai Electric Co., Ltd................................ 0.00
Iljin Electric Co., Ltd.\14\................................ 10.61
LS Electric Co., Ltd........................................ 10.61
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Disclosure and Public Comment
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\14\ For the first administrative review of the Order, Commerce
initiated the administrative review on multiple companies, including
Iljin Electric Co., Ltd. and ILJIN. See Initiation of Antidumping
and Countervailing Duty Administrative Reviews and Request for
Revocation in Part, 78 FR 60834, 60836 (October 2, 2013). Commerce
did not select either ILJIN or Iljin Electric Co., Ltd. for
individual examination, but did assign margins for both entities.
See Large Power Transformers from the Republic of Korea: Amended
Final Results of Antidumping Duty Administrative Review; 2012-2013,
80 FR 26001 (May 6, 2015). The current administrative review is the
first review in which either Iljin Electric Co., Ltd. or ILJIN was
selected for individual examination. Record evidence indicates that
Iljin Electric Co., Ltd. is the only entity in Korea with the Iljin
name that produces LPTs. See Iljin's Letter, ``Response to the
Department's March 29 Supplemental Questionnaire,'' dated April 26,
2024 (Iljin SAQR), at page 2. Therefore, we preliminarily find that
ILJIN and Iljin Electric Co., Ltd. are the same entity. Parties are
invited to comment for the final results.
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Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs or other written comments to the Assistant Secretary for
Enforcement and Compliance no later than 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later than five days after the
date for filing case briefs.\15\ Interested parties who submit case
briefs or rebuttal briefs in this proceeding must submit: (1) a table
of contents listing each issue; and (2) a table of authorities.\16\
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\15\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\16\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\17\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\18\
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\17\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\18\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice.
Assessment Rates
Upon issuing the final results, Commerce shall determine, and CBP
shall assess, antidumping duties on all appropriate entries. For any
individually examined respondent whose weighted-average dumping margin
is not zero or de minimis (i.e., less than 0.5 percent) in the final
results of this review and the respondent reported entered values, we
will calculate importer-specific ad valorem assessment rates for the
merchandise based on the ratio of the total amount of dumping
calculated for the examined sales made during the POR to each
[[Page 74871]]
importer and the total entered value of those same sales, in accordance
with 19 CFR 351.212(b)(1). If the respondent has not reported entered
values, we will calculate a per unit assessment rate for each importer
by dividing the total amount of dumping calculated for the examined
sales made to that importer by the total quantity associated with those
transactions. Where an importer-specific ad valorem assessment rate is
zero or de minimis in the final results of review, we will instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties in accordance with 19 CFR 351.106(c)(2). If a respondent's
weighted-average dumping margin is zero or de minimis in the final
results of review, we will instruct CBP not to assess duties on any of
its entries in accordance with the Final Modification for Reviews,
i.e., ``{w{time} here the weighted-average margin of dumping for the
exporter is determined to be zero or de minimis, no antidumping duties
will be assessed.'' \19\
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\19\ 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) (Final Modification for Reviews).
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In accordance with Commerce's ``automatic assessment''
practice,\20\ 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 investigation.\21\
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\20\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\21\ 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 company which was not selected for individual review (i.e.,
LS Electric Co., Ltd.), we will assign an assessment rate based on the
weighted average of the estimated dumping margins established for
companies selected for mandatory review, excluding any zero and de
minimis margins, and any margins determined based entirely on facts
available.\22\ 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.\23\
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\22\ See section 735(c)(5)(A) of the Act; see also Preliminary
Decision Memorandum at Section VIII, ``Rate for Non-Selected
Companies.
\23\ See section 751(a)(2)(C) of the Act.
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With respect to the company for which we have rescinded this review
in part (i.e., Hyosung), Commerce intends to instruct CBP to assess
antidumping duties on all appropriate entries at rates equal to the
cash deposit rate of estimated antidumping duties required at the time
of entry, or withdrawal from warehouse, for consumption, during the
POR, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to
issue these rescission instructions to CBP no earlier than 35 days
after the date of publication of this notice in the Federal Register.
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). The final results of this administrative
review shall be the basis for the assessment of antidumping duties on
entries of merchandise under review and for future cash deposits of
estimated antidumping duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
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 Iljin, Hyundai
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.\24\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\24\ See Large Power Transformers from the Republic of Korea:
Antidumping Duty Order, 77 FR 53177 (August 31, 2012).
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Final Results of the Review
Unless the deadline is otherwise extended, Commerce intends to
issue the final results of this administrative review, including the
results of its analysis of issues raised by interested parties in the
written briefs, no later than 120 days after the date of publication of
this notice in the Federal Register, pursuant to section 751(a)(3)(A)
of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of countervailing duties.
Notification to Interested Parties
Commerce is issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h)(2), and
19 CFR 351.221(b)(4).
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy 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. Rescission of Review in Part
VI. Rate for Non-Selected Companies
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2024-20797 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P