Large Power Transformers From the Republic of Korea: Final Determination of Sales at Less Than Fair Value, 40857-40859 [2012-16935]
Download as PDF
<![CDATA[
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 https://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]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 https://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
