Large Power Transformers From the Republic of Korea: Final Determination of Sales at Less Than Fair Value, 40857-40859 [2012-16935]

Download as PDF Federal Register / Vol. 77, No. 133 / Wednesday, July 11, 2012 / Notices 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 terms of an APO is a violation which is subject to sanction. Disclosure We intend to disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). We are issuing and publishing the final results and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: July 3, 2012. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–16932 Filed 7–10–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–867] Large Power Transformers From the Republic of Korea: Final Determination of Sales at Less Than Fair Value Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has determined that imports of large power transformers from the Republic of Korea (Korea) are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 735 of the Tariff Act of 1930, as amended (the Act). The estimated margins of sales at LTFV are listed in the ‘‘Continuation of Suspension of Liquidation’’ section of this notice. DATES: Effective Date: July 11, 2012. FOR FURTHER INFORMATION CONTACT: David Cordell and Brian Davis, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0408 or (202) 482– 7924, respectively. SUPPLEMENTARY INFORMATION: srobinson on DSK4SPTVN1PROD with NOTICES AGENCY: Background On February 16, 2012, the Department published in the Federal Register its preliminary determination in the VerDate Mar<15>2010 18:11 Jul 10, 2012 Jkt 226001 antidumping duty investigation of large power transformers from Korea. See Large Power Transformers From the Republic of Korea: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 77 FR 9204 (February 16, 2012) (Preliminary Determination). As provided in section 782(i) of the Act, we conducted sales and cost verifications of the questionnaire responses submitted by the mandatory respondents, Hyundai Heavy Industries Co., Ltd. (Hyundai) and Hyosung Corporation (Hyosung). We used standard verification procedures, including examination of relevant accounting and production records, as well as original source documents provided by both companies.1 We received case briefs from ABB Inc., Delta Star, Inc., and Pennsylvania Transformer Technology Inc. (collectively, Petitioners), Hyundai, and Hyosung on May 25, 2012. These parties submitted rebuttal comments on June 1, 2012. No hearing was requested. On June 4, 2012 and June 6, 2012, the Department solicited revised sales and cost databases from Hyosung and Hyundai, respectively, to address minor corrections and findings from verification. Accordingly, Hyundai and Hyosung submitted revised sales and cost databases on June 12, 2012. We met with counsel for Petitioners, Hyundai, and Hyosung on June 13, June 18, and June 19, 2012, respectively.2 1 See Memoranda to the File entitled ‘‘Home Market Verification of the Sales Response of Hyosung Corporation in the Antidumping Duty Investigation of Large Power Transformers from the Republic of Korea,’’ dated May 4, 2012; ‘‘Home Market Verification of the Sales Response of Hyundai Heavy Industries Co., Ltd. (‘‘HHI’’) and Hyundai Corporation, U.S.A. (collectively Hyundai) in the Antidumping Duty Investigation of Large Power Transformers from the Republic of Korea,’’ dated May 10, 2012; ‘‘Constructed Export Price Verification of the Sales Response of Hyosung Corporation in the Antidumping Duty Investigation of Large Power Transformers from the Republic of Korea,’’ dated May 15, 2012; ‘‘Constructed Export Price Verification of the Sales Response of Hyundai Heavy Industries (HHI) and Hyundai Corporation, U.S.A. (collectively Hyundai) in the Antidumping Duty Investigation of Large Power Transformers from the Republic of Korea,’’ dated May 16, 2012; ‘‘Verification of the Cost Response of Hyosung Corporation in the Antidumping Investigation of Large Power Transformers from South Korea,’’ dated May 4, 2012; and ‘‘Verification of the Cost of Production and Constructed Value Data Submitted by Hyundai Heavy Industries Co., Ltd. in the Antidumping Duty Investigation of Large Power Transformers from the Republic of Korea,’’ dated May 2, 2012. 2 See Memoranda to the File entitled, ‘‘Antidumping Duty Investigation concerning Large Power Transformers from the Republic of Korea: Department Meeting with Petitioners’ Counsel,’’ dated June 15, 2012, ‘‘Antidumping Duty Investigation concerning Large Power Transformers from the Republic of Korea: Department Meeting with Respondent’s Counsel (Hyundai),’’ dated June PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 40857 Period of Investigation The period of investigation is July 1, 2010, through June 30, 2011. Scope of Investigation The scope of this investigation 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. 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 investigation 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 investigation is dispositive. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this antidumping investigation are addressed in the Issues and Decision Memorandum from Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration (Issues and Decision Memorandum), which is dated concurrently with and hereby adopted by this notice. A list of the issues raised is attached to this notice as Appendix I. The Issues and Decision Memorandum is a public document and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). 20, 2012, and ‘‘Antidumping Duty Investigation concerning Large Power Transformers from the Republic of Korea: Department Meeting with Respondent’s Counsel (Hyosung Corporation),’’ dated June 19, 2012. E:\FR\FM\11JYN1.SGM 11JYN1 40858 Federal Register / Vol. 77, No. 133 / Wednesday, July 11, 2012 / Notices Access to IA ACCESS is available in the Central Records Unit (CRU), room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://www.trade.gov/ ia/. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. srobinson on DSK4SPTVN1PROD with NOTICES Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verifications, we have made certain changes to the margin calculations for Hyundai and Hyosung. For a discussion of these changes, see Memoranda to the file, through Angelica Mendoza, Program Manager, from David Cordell and Brian Davis, International Trade Analysts, entitled ‘‘Analysis of Data Submitted by Hyundai Heavy Industries (HHI) and Hyundai Corporation, U.S.A. (collectively Hyundai) in the Final Determination of the Antidumping Duty Investigation of Large Power Transformers from the Republic of Korea’’ and, ‘‘Analysis of Data Submitted by Hyosung Corporation in the Final Determination of the Antidumping Duty Investigation of Large Power Transformers from the Republic of Korea,’’ dated July 2, 2012; see also Memoranda to Neal M. Halper, Director, Office of Accounting, through Michael P. Martin, Lead Accountant, entitled, ‘‘Cost of Production and Constructed Value Calculation Adjustments for the Final Determination—Hyundai Heavy Industries Co., Ltd. and Hyundai Corporation, USA’’ and ‘‘Cost of Production and Constructed Value Calculation Adjustments for the Final Determination—Hyosung Corporation,’’ both dated July 2, 2012. Continuation of Suspension of Liquidation Pursuant to section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of large power transformers from Korea which were entered, or withdrawn from warehouse, for consumption on or after February 16, 2012, the date of publication of the Preliminary Determination. We will instruct CBP to require a cash deposit or the posting of a bond equal to the weighted-average margins, as indicated below, as follows: (1) The rates for Hyundai and Hyosung will be the rates we have determined in this final determination; (2) if the exporter is not a firm identified in this VerDate Mar<15>2010 18:11 Jul 10, 2012 Jkt 226001 investigation but the producer is, the rate will be the rate established for the producer of the subject merchandise; (3) the rate for all other producers or exporters will be 22.00 percent, as discussed in the ‘‘All Others Rate’’ section, below. These suspension-ofliquidation instructions will remain in effect until further notice. Disclosure We intend to disclose to parties in this proceeding the calculations performed within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). International Trade Commission Notification In accordance with section 735(d) of the Act, we have notified the Weightedaverage International Trade Commission (ITC) of Manufacturer/exporter margin our final determination. As our final (percent) determination is affirmative and in accordance with section 735(b)(2) of the Hyundai Heavy Industries Co., Ltd ............................. 14.95 Act, the ITC will determine, within 45 Hyosung Corporation ............ 29.04 days, whether the domestic industry in All Others .............................. 22.00 the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the All Others Rate likelihood of sales) for importation of Section 735(c)(5)(A) of the Act the subject merchandise. If the ITC provides that the estimated all others determines that such injury does exist, the Department will issue an rate shall be an amount equal to the antidumping duty order directing CBP weighted average of the estimated to assess antidumping duties on all weighted-average dumping margins imports of the subject merchandise established for exporters and producers individually investigated excluding any entered, or withdrawn from warehouse, for consumption on or after the effective zero or de minimis margins and any date of the suspension of liquidation. margins determined entirely under section 776 of the Act. Hyundai and Notification Regarding Administrative Hyosung are the only respondents in Protective Order this investigation for which we This notice also serves as a final calculated company-specific rates that reminder to parties subject to are not zero or de minimis or administrative protective order (APO) of determined entirely under section 776 their responsibility concerning the of the Act. Therefore, because there are disposition of proprietary information only two relevant weighted-average disclosed under APO in accordance dumping margins for this final with 19 CPR 351.305. Timely determination and because using a notification of the destruction of APO weighted-average calculation risks materials or conversion to judicial disclosure of business proprietary protective order is hereby requested. information of Hyundai and Hyosung, Failure to comply with the regulations the ‘‘all others’’ rate is a simple-average and the terms of an APO is a of these two values, which is 22.00 sanctionable violation. percent. See Seamless Refined Copper This determination is issued and Pipe and Tube From Mexico: Final published pursuant to sections 735(d) Determination of Sales at Less Than and 777(i)(l) of the Act. Fair Value, 75 FR 60723, 60724 (October Dated: July 2, 2012. 1, 2010) (using a simple average to Paul Piquado, determine the ‘‘All Others’’ rate when Assistant Secretary for Import there are only two relevant weightedAdministration. average dumping margins because use of a weighted average risks disclosure of Appendix I business proprietary information).3 Issues and Decision Memorandum 3 In the public version of its December 13, 2011, supplemental questionnaire responses at page SA– 1, Hyosung provided ranged quantity and value of U.S. sales data, whereas in its January 13, 2012, supplemental questionnaire response at page SBC1, Hyundai provided indexed quantity and value U.S. sales data. Therefore, we were unable to perform the analysis articulated in Ball Bearings and Parts Thereof From France, et al.: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53662–3 (September 1, 2010) in this investigation in determining the ‘‘all others rate.’’ PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 General Comment 1: Date of Sale Comment 2: Facts Available Hyundai Heavy Industries Co., Ltd.—Specific Comments Comment 3: Home Market Gross Unit Price Comment 4: U.S. Gross Unit Price Comment 5: U.S. Selling Expenses: Commissions and U.S. Duty Comment 6: CEP Offset Comment 7: Inconsistent Allocation of Certain Selling Expenses E:\FR\FM\11JYN1.SGM 11JYN1 Federal Register / Vol. 77, No. 133 / Wednesday, July 11, 2012 / Notices Comment 8: General and Administrative and Financial Expenses Comment 9: Unshipped Sales Comment 10: Normal Value Versus Constructed Value Hyosung Corporation—Specific Comments Comment 11: Selling Expense Classifications Comment 12: Gross Unit Price Comment 13: The Understatement of U.S. Selling Expenses Comment 14: The Use of Actual Data in Margin Calculation Comment 15: General and Administrative and Indirect Selling Expense Ratios Comment 16: Clerical Error [FR Doc. 2012–16935 Filed 7–10–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Gulf of Mexico Fishery Management Council; Public Meetings; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a revision to a public meeting. AGENCY: The Gulf of Mexico Fishery Management Council (Council) will convene its Law Enforcement Advisory Panel in conjunction with the Gulf States Marine Fisheries Commission’s Law Enforcement Committee. DATES: The meeting will convene at 8:30 a.m. on Wednesday, July 25, 2012 and conclude no later than 5 p.m. on July 26, 2012. ADDRESSES: The meeting will be held at the Louisiana Wildlife & Fisheries Lab, 195 Ludwig Lane, Grand Isle, LA 70358; telephone: (985) 787–2163 Council address: Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. FOR FURTHER INFORMATION CONTACT: Dr. Richard Leard, Deputy Executive Director, Gulf of Mexico Fishery Management Council; telephone: (813) 348–1630. SUPPLEMENTARY INFORMATION: The original notice published in the Federal Register on July 6, 2012 (77 FR 39998). This notice is being republished in its entirety due to some agenda changes. The Gulf of Mexico Fishery Management Council (Council) will convene the Law Enforcement Advisory Panel (LEAP) along with the Gulf States Marine Fisheries Commission’s Law Enforcement Committee (LEC) in a workshop environment to revise the srobinson on DSK4SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:11 Jul 10, 2012 Jkt 226001 Two-Year Operations Plan and the FiveYear Strategic Plan that expire in 2013. The LEAP/LEC will also discuss Joint Enforcement Agreements and funding, as well as upcoming topics for their October 2012 meeting. Immediately following the workshop session, the LEAP/LEC will discuss recent individual fishing quota (IFQ) enforcement actions and possible changes being considered by NMFS to the IFQ program protocols including: Landing notification process, landing transaction procedures, process for approving or removing landing locations, and offloading requirements. Finally, the LEAP/LEC will discuss implications to enforcement of the recent decision by Louisiana to extend its seaward boundary from three miles to three marine leagues. The Law Enforcement Advisory Panel consists of principal law enforcement officers in each of the Gulf States, as well as the National Oceanic and Atmospheric Administration (NOAA) Law Enforcement, U.S. Fish and Wildlife Service (FWS), the U.S. Coast Guard, and the NOAA General Counsel for Law Enforcement. A copy of the agenda and related materials can be obtained by calling the Council office at (813) 348–1630. Although other non-emergency issues not on the agendas may come before the Law Enforcement Advisory Panel for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), those issues may not be the subject of formal action during this meeting. Actions of the Law Enforcement Advisory Panel will be restricted to those issues specifically identified in the agendas and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council’s intent to take action to address the emergency. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kathy Pereira at the Council (see ADDRESSES) 5 working days prior to the meeting. Dated: July 6, 2012. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–16934 Filed 7–10–12; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 40859 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XX47 Marine Mammals; File No. 14097 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for permit amendment. AGENCY: Notice is hereby given that National Marine Fisheries Service, Southwest Fisheries Science Center (SWFSC) (Responsible Party: Lisa Ballance, Ph.D.), Protected Resources Division, 3333 N. Torrey Pines Ct., La Jolla, CA 92037, has applied for an amendment to Scientific Research Permit No. 14097–01. DATES: Written, telefaxed, or email comments must be received on or before August 10, 2012. ADDRESSES: The application and related documents are available for review by selecting ‘‘Records Open for Public Comment’’ from the Features box on the Applications and Permits for Protected Species home page, https:// apps.nmfs.noaa.gov, and then selecting File No. 14097 from the list of available applications. These documents are also available upon written request or by appointment in the following offices: See SUPPLEMENTARY INFORMATION. Written comments on this application should be submitted to the Chief, Permits and Conservation Division, at the address listed below. Comments may also be submitted by facsimile to (301)713–0376, or by email to NMFS.Pr1Comments@noaa.gov. Please include the File No. in the subject line of the email comment. Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: Kristy Beard or Amy Hapeman, (301)427–8401. SUPPLEMENTARY INFORMATION: The subject amendment to Permit No. 14097–01 is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as SUMMARY: E:\FR\FM\11JYN1.SGM 11JYN1

Agencies

[Federal Register Volume 77, Number 133 (Wednesday, July 11, 2012)]
[Notices]
[Pages 40857-40859]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16935]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-867]


Large Power Transformers From the Republic of Korea: Final 
Determination of Sales at Less Than Fair Value

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) has determined 
that imports of large power transformers from the Republic of Korea 
(Korea) are being, or are likely to be, sold in the United States at 
less than fair value (LTFV), as provided in section 735 of the Tariff 
Act of 1930, as amended (the Act). The estimated margins of sales at 
LTFV are listed in the ``Continuation of Suspension of Liquidation'' 
section of this notice.

DATES: Effective Date: July 11, 2012.

FOR FURTHER INFORMATION CONTACT: David Cordell and Brian Davis, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0408 or (202) 482-7924, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On February 16, 2012, the Department published in the Federal 
Register its preliminary determination in the antidumping duty 
investigation of large power transformers from Korea. See Large Power 
Transformers From the Republic of Korea: Preliminary Determination of 
Sales at Less Than Fair Value and Postponement of Final Determination, 
77 FR 9204 (February 16, 2012) (Preliminary Determination).
    As provided in section 782(i) of the Act, we conducted sales and 
cost verifications of the questionnaire responses submitted by the 
mandatory respondents, Hyundai Heavy Industries Co., Ltd. (Hyundai) and 
Hyosung Corporation (Hyosung). We used standard verification 
procedures, including examination of relevant accounting and production 
records, as well as original source documents provided by both 
companies.\1\
---------------------------------------------------------------------------

    \1\ See Memoranda to the File entitled ``Home Market 
Verification of the Sales Response of Hyosung Corporation in the 
Antidumping Duty Investigation of Large Power Transformers from the 
Republic of Korea,'' dated May 4, 2012; ``Home Market Verification 
of the Sales Response of Hyundai Heavy Industries Co., Ltd. 
(``HHI'') and Hyundai Corporation, U.S.A. (collectively Hyundai) in 
the Antidumping Duty Investigation of Large Power Transformers from 
the Republic of Korea,'' dated May 10, 2012; ``Constructed Export 
Price Verification of the Sales Response of Hyosung Corporation in 
the Antidumping Duty Investigation of Large Power Transformers from 
the Republic of Korea,'' dated May 15, 2012; ``Constructed Export 
Price Verification of the Sales Response of Hyundai Heavy Industries 
(HHI) and Hyundai Corporation, U.S.A. (collectively Hyundai) in the 
Antidumping Duty Investigation of Large Power Transformers from the 
Republic of Korea,'' dated May 16, 2012; ``Verification of the Cost 
Response of Hyosung Corporation in the Antidumping Investigation of 
Large Power Transformers from South Korea,'' dated May 4, 2012; and 
``Verification of the Cost of Production and Constructed Value Data 
Submitted by Hyundai Heavy Industries Co., Ltd. in the Antidumping 
Duty Investigation of Large Power Transformers from the Republic of 
Korea,'' dated May 2, 2012.
---------------------------------------------------------------------------

    We received case briefs from ABB Inc., Delta Star, Inc., and 
Pennsylvania Transformer Technology Inc. (collectively, Petitioners), 
Hyundai, and Hyosung on May 25, 2012. These parties submitted rebuttal 
comments on June 1, 2012. No hearing was requested.
    On June 4, 2012 and June 6, 2012, the Department solicited revised 
sales and cost databases from Hyosung and Hyundai, respectively, to 
address minor corrections and findings from verification. Accordingly, 
Hyundai and Hyosung submitted revised sales and cost databases on June 
12, 2012. We met with counsel for Petitioners, Hyundai, and Hyosung on 
June 13, June 18, and June 19, 2012, respectively.\2\
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    \2\ See Memoranda to the File entitled, ``Antidumping Duty 
Investigation concerning Large Power Transformers from the Republic 
of Korea: Department Meeting with Petitioners' Counsel,'' dated June 
15, 2012, ``Antidumping Duty Investigation concerning Large Power 
Transformers from the Republic of Korea: Department Meeting with 
Respondent's Counsel (Hyundai),'' dated June 20, 2012, and 
``Antidumping Duty Investigation concerning Large Power Transformers 
from the Republic of Korea: Department Meeting with Respondent's 
Counsel (Hyosung Corporation),'' dated June 19, 2012.
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Period of Investigation

    The period of investigation is July 1, 2010, through June 30, 2011.

Scope of Investigation

    The scope of this investigation 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.
    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 investigation 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 investigation is 
dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this antidumping investigation are addressed in the Issues and Decision 
Memorandum from Gary Taverman, Senior Advisor for Antidumping and 
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary 
for Import Administration (Issues and Decision Memorandum), which is 
dated concurrently with and hereby adopted by this notice. A list of 
the issues raised is attached to this notice as Appendix I. The Issues 
and Decision Memorandum is a public document and is on file 
electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS).

[[Page 40858]]

Access to IA ACCESS is available in the Central Records Unit (CRU), 
room 7046 of the main Department of Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly on the Internet at http://www.trade.gov/ia/. The signed Issues 
and Decision Memorandum and the electronic versions of the Issues and 
Decision Memorandum are identical in content.

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verifications, we have made certain changes to the margin calculations 
for Hyundai and Hyosung. For a discussion of these changes, see 
Memoranda to the file, through Angelica Mendoza, Program Manager, from 
David Cordell and Brian Davis, International Trade Analysts, entitled 
``Analysis of Data Submitted by Hyundai Heavy Industries (HHI) and 
Hyundai Corporation, U.S.A. (collectively Hyundai) in the Final 
Determination of the Antidumping Duty Investigation of Large Power 
Transformers from the Republic of Korea'' and, ``Analysis of Data 
Submitted by Hyosung Corporation in the Final Determination of the 
Antidumping Duty Investigation of Large Power Transformers from the 
Republic of Korea,'' dated July 2, 2012; see also Memoranda to Neal M. 
Halper, Director, Office of Accounting, through Michael P. Martin, Lead 
Accountant, entitled, ``Cost of Production and Constructed Value 
Calculation Adjustments for the Final Determination--Hyundai Heavy 
Industries Co., Ltd. and Hyundai Corporation, USA'' and ``Cost of 
Production and Constructed Value Calculation Adjustments for the Final 
Determination--Hyosung Corporation,'' both dated July 2, 2012.

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, we will instruct U.S. 
Customs and Border Protection (CBP) to continue to suspend liquidation 
of all entries of large power transformers from Korea which were 
entered, or withdrawn from warehouse, for consumption on or after 
February 16, 2012, the date of publication of the Preliminary 
Determination. We will instruct CBP to require a cash deposit or the 
posting of a bond equal to the weighted-average margins, as indicated 
below, as follows: (1) The rates for Hyundai and Hyosung will be the 
rates we have determined in this final determination; (2) if the 
exporter is not a firm identified in this investigation but the 
producer is, the rate will be the rate established for the producer of 
the subject merchandise; (3) the rate for all other producers or 
exporters will be 22.00 percent, as discussed in the ``All Others 
Rate'' section, below. These suspension-of-liquidation instructions 
will remain in effect until further notice.

------------------------------------------------------------------------
                                                             Weighted-
                  Manufacturer/exporter                   average margin
                                                             (percent)
------------------------------------------------------------------------
Hyundai Heavy Industries Co., Ltd.......................           14.95
Hyosung Corporation.....................................           29.04
All Others..............................................           22.00
------------------------------------------------------------------------

All Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all 
others rate shall be 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 under section 776 
of the Act. Hyundai and Hyosung are the only respondents in this 
investigation for which we calculated company-specific rates that are 
not zero or de minimis or determined entirely under section 776 of the 
Act. Therefore, because there are only two relevant weighted-average 
dumping margins for this final determination and because using a 
weighted-average calculation risks disclosure of business proprietary 
information of Hyundai and Hyosung, the ``all others'' rate is a 
simple-average of these two values, which is 22.00 percent. See 
Seamless Refined Copper Pipe and Tube From Mexico: Final Determination 
of Sales at Less Than Fair Value, 75 FR 60723, 60724 (October 1, 2010) 
(using a simple average to determine the ``All Others'' rate when there 
are only two relevant weighted-average dumping margins because use of a 
weighted average risks disclosure of business proprietary 
information).\3\
---------------------------------------------------------------------------

    \3\ In the public version of its December 13, 2011, supplemental 
questionnaire responses at page SA-1, Hyosung provided ranged 
quantity and value of U.S. sales data, whereas in its January 13, 
2012, supplemental questionnaire response at page SBC1, Hyundai 
provided indexed quantity and value U.S. sales data. Therefore, we 
were unable to perform the analysis articulated in Ball Bearings and 
Parts Thereof From France, et al.: Final Results of Antidumping Duty 
Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53662-3 
(September 1, 2010) in this investigation in determining the ``all 
others rate.''
---------------------------------------------------------------------------

Disclosure

    We intend to disclose to parties in this proceeding the 
calculations performed within five days of the date of publication of 
this notice in accordance with 19 CFR 351.224(b).

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our final determination. As our 
final determination is affirmative and in accordance with section 
735(b)(2) of the Act, the ITC will determine, within 45 days, whether 
the domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports or sales (or the 
likelihood of sales) for importation of the subject merchandise. If the 
ITC determines that such injury does exist, the Department will issue 
an antidumping duty order directing CBP to assess antidumping duties on 
all imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Notification Regarding Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CPR 351.305. Timely notification of the 
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.
    This determination is issued and published pursuant to sections 
735(d) and 777(i)(l) of the Act.

     Dated: July 2, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

Issues and Decision Memorandum

General

Comment 1: Date of Sale
Comment 2: Facts Available

Hyundai Heavy Industries Co., Ltd.--Specific Comments

Comment 3: Home Market Gross Unit Price
Comment 4: U.S. Gross Unit Price
Comment 5: U.S. Selling Expenses: Commissions and U.S. Duty
Comment 6: CEP Offset
Comment 7: Inconsistent Allocation of Certain Selling Expenses

[[Page 40859]]

Comment 8: General and Administrative and Financial Expenses
Comment 9: Unshipped Sales
Comment 10: Normal Value Versus Constructed Value

Hyosung Corporation--Specific Comments

Comment 11: Selling Expense Classifications
Comment 12: Gross Unit Price
Comment 13: The Understatement of U.S. Selling Expenses
Comment 14: The Use of Actual Data in Margin Calculation
Comment 15: General and Administrative and Indirect Selling Expense 
Ratios
Comment 16: Clerical Error

[FR Doc. 2012-16935 Filed 7-10-12; 8:45 am]
BILLING CODE 3510-DS-P