Large Power Transformers From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2012-2013, 17034-17036 [2015-07382]
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Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Notices
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[FR Doc. 2015–07381 Filed 3–30–15; 8:45 am]
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[FR Doc. 2015–07290 Filed 3–30–15; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–867]
Large Power Transformers From the
Republic of Korea: Final Results of
Antidumping Duty Administrative
Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 24, 2014, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on large
power transformers from the Republic of
Korea.1 The review covers five
producers/exporters of the subject
merchandise, Hyosung Corporation
(Hyosung), Hyundai Heavy Industries
Co., Ltd. (Hyundai), ILJIN, ILJIN Electric
Co., Ltd. (ILJIN Electric), and LSIS Co.,
Ltd. (LSIS). ILJIN, ILJIN Electric, and
LSIS, were not selected for individual
examination. The period of review
(POR) is February 16, 2012, through July
31, 2013. As a result of our analysis of
the comments and information received,
these final results differ from the
Preliminary Results. For the final
weighted-average dumping margins, see
the ‘‘Final Results of Review’’ section
below.
DATES: Effective March 31, 2015.
FOR FURTHER INFORMATION CONTACT:
Brian Davis (Hyosung) or David Cordell
(Hyundai), AD/CVD Operations, Office
VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–7924 or (202) 482–0408,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On September 24, 2014, the
Department published the Preliminary
Results. In accordance with 19 CFR
351.309(c)(1)(ii), we invited parties to
comment on our Preliminary Results.2
On October 15, 2014, the Department
issued a post-preliminary supplemental
questionnaire, to which Hyundai
1 See Large Power Transformers From the
Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2012–
2013, 79 FR 57046 (September 24, 2014)
(Preliminary Results).
2 The Department issued the briefing schedule in
a Memorandum to the File, dated November 3,
2014. This briefing schedule was later extended at
the request of interested parties to December 19,
2014 for briefs and January 9, 2015 for rebuttal
briefs on all issues, except one.
E:\FR\FM\31MRN1.SGM
31MRN1
Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Notices
responded on November 3 and 12, 2014,
and December 2, 2014. On December 19,
2014, Hyosung and ABB Inc. (Petitioner)
timely submitted case briefs.3 Rebuttal
briefs were also timely filed by
Hyosung, Hyundai, and Petitioner, on
January 9, 2015.4 On January 20, 2015,
the Department issued a memorandum
extending the time period for issuing
the final results of this administrative
review from January 22, 2015 to March
16, 2015. On March 6, 2015, the
Department further extended the final
results to March 23, 2015.5
Scope of the Order
The scope of this order 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. The
merchandise subject to the order is
currently classified in the Harmonized
Tariff Schedule of the United States at
subheadings 8504.23.0040,
8504.23.0080 and 8504.90.9540.6
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the Issues and Decision Memorandum.7
A list of the issues that parties raised
and to which we responded is attached
to this notice as an Appendix. The
Issues and Decision Memorandum is a
public document and is on-file
electronically via ACCESS. ACCESS is
available to registered users at https://
access.trade.gov and in the Central
Records Unit, Room 7046 of the main
3 See Brief from Petitioner regarding Hyundai,
(Petitioner Brief Hyundai), Brief from Petitioner
regarding Hyosung (Petitioner Brief Hyosung) and
Hyosung Brief, all dated December 19, 2014.
4 See Hyosung Rebuttal Brief, Hyundai Rebuttal
Brief and Petitioner Rebuttal Brief: All dated
January 9, 2015. Petitioner requested an extension
for rebuttal briefs to January 9, 2015 which the
Department granted for all parties on December 8,
2014. See Letter to All Interested Parties dated
December 8, 2014. Petitioner also requested a
further extension for submission of the initial briefs,
which the Department denied in its letter to all
parties dated December 17, 2014, with the
exception of one issue.
5 See Memoranda to the file dated January 20,
2015 and March 6, 2015.
6 For a full description of the scope of the order,
see the Memorandum from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, titled ‘‘Issues and
Decision Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty
Order on Large Power Transformers from the
Republic of Korea; 2012–2013’’ (Issues and Decision
Memorandum), which is issued concurrent with
and hereby adopted by this notice, and dated
concurrently with this notice.
7 Id.
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Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the Internet at
https://enforcement.ita.doc.gov/frn/
index.html. The signed Issues and
Decision Memorandum and the
electronic version of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we recalculated Hyosung’s and
Hyundai’s weighted-average dumping
margins for these final results.
For Hyosung, we revised our margin
program by adjusting Hyosung’s
reported U.S. duty expenses for certain
sales transactions. We are also including
U.S. freight expenses that were
excluded in the Preliminary Results and
including the entered value of a unit
that entered the United States during
the POR in our calculation of the
assessment rates for entries of LPTs
during the POR.8
We made some changes to our
calculation programs for Hyundai with
respect to oil and certain other
expenses. We also used the latest
revised databases for U.S. sales and the
Cost of Production based on postpreliminary questionnaires and
responses.9
As a result of the aforementioned
recalculations of Hyosung’s and
Hyundai’s weighted-average dumping
margins, the weighted-average dumping
margin for the three non-selected
companies also changed.
Final Results of the Review
As a result of this review, the
Department determines the following
weighted-average dumping margins 10
8 See Memorandum from Brian Davis to the File,
regarding ‘‘Analysis of Data Submitted by Hyosung
Corporation in the Final Results of the
Administrative Review of the Antidumping Duty
Order on Large Power Transformers from the
Republic of Korea; 2012–2013’’ (Hyosung Final
Analysis Memorandum), dated March 23, 2014, at
section ‘‘Changes from the Preliminary Results,’’ for
further information.
9 See Memorandum from David Cordell to the
File, regarding ‘‘Analysis of Data Submitted by
Hyundai Heavy Industries Co., Ltd. in the Final
Results of the Administrative Review of the
Antidumping Duty Order on Large Power
Transformers from the Republic of Korea; 2012–
2013’’ (Hyundai Final Analysis Memorandum),
dated March 23, 2014, at section ‘‘Changes from the
Preliminary Results,’’ for further information.
10 The rate applied to the non-selected companies
(i.e., ILJIN, ILJIN Electric, and LSIS) is a weightedaverage percentage margin calculated based on the
publicly-ranged U.S. volumes of the two reviewed
companies with an affirmative dumping margin, for
the period February 16, 2012, through July 31, 2013.
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17035
for the period February 16, 2012,
through July 31, 2013, are as follows:
Manufacturer/exporter
Hyosung Corporation ..................
Hyundai Heavy Industries Co.,
Ltd. ..........................................
ILJIN Electric Co., Ltd. ...............
ILJIN ...........................................
LSIS Co., Ltd. .............................
Weightedaverage
margin
(percent)
6.43
9.53
8.16
8.16
8.16
Duty Assessment
The Department shall determine and
U.S. Customs and Border Protection
(CBP) shall assess antidumping duties
on all appropriate entries.11 For any
individually examined respondents
whose weighted-average dumping
margin is above de minimis, we
calculated importer-specific ad valorem
duty assessment rates based on the ratio
of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of those
same sales in accordance with 19 CFR
351.212(b)(1). Upon issuance of the final
results of this administrative review, if
any importer-specific assessment rates
calculated in the final results are above
de minimis (i.e., at or above 0.5 percent),
the Department will issue instructions
directly to CBP to assess antidumping
duties on appropriate entries.
To determine whether the duty
assessment rates covering the period
were de minimis, in accordance with
the requirement set forth in 19 CFR
351.106(c)(2), for each respondent we
calculated importer (or customer)specific ad valorem rates by aggregating
the amount of dumping calculated for
all U.S. sales to that importer or
customer and dividing this amount by
the total entered value of the sales to
that importer (or customer). Where an
importer (or customer)-specific ad
valorem rate is greater than de minimis,
and the respondent has reported reliable
entered values, we apply the assessment
rate to the entered value of the
importer’s/customer’s entries during the
review period.
The Department clarified its
‘‘automatic assessment’’ regulation on
See Memorandum to the File titled, ‘‘Large Power
Transformers from the Republic of Korea: Final
Dumping Margin for Respondents Not Selected for
Individual Examination,’’ through Angelica
Townshend, Program Manager, dated concurrently
with this notice.
11 In these final results, the Department applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
E:\FR\FM\31MRN1.SGM
31MRN1
17036
Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Notices
May 6, 2003.12 This clarification will
apply to entries of subject merchandise
during the POR produced by the
respondent for which it did not know its
merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction. For a full
discussion of this clarification, see the
Automatic Assessment Clarification.
We intend to issue assessment
instructions directly to CBP 15 days
after publication of the final results of
this review.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of this notice for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication of these final results, as
provided by section 751(a)(2) of the Act:
(1) The cash deposit rate for
respondents noted above will be the rate
established in the final results of this
administrative review; (2) for
merchandise exported by manufacturers
or exporters not covered in this
administrative review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original investigation, but
the manufacturer is, the cash deposit
rate will be the rate established for the
most recently completed segment of this
proceeding for the manufacturer of the
subject merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 29.93
percent, the all-others rate established
in the antidumping investigation.13
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping and/or
countervailing duties prior to
liquidation of the relevant entries
12 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Automatic Assessment
Clarification).
13 See Large Power Transformers From the
Republic of Korea: Antidumping Duty Order, 77 FR
53177 (August 31, 2012).
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18:32 Mar 30, 2015
Jkt 235001
during the POR. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h).
Dated: March 23, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Final Issues
and Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Discussion of Interested Party Comments
A. General Issues
Comment 1: Whether the Department
Treats Installation Expenses as Further
Manufacturing Costs
B. Hyosung-Specific Issues
Comment 2: Discrepancies Between
Hyosung’s Net U.S. Price (as Calculated
by the Department) and Reported
Entered Values
Comment 3: Hyosung Has Overstated Its
Reported U.S. Prices and Understated/
Omitted U.S. Expenses and Whether To
Apply Adverse Facts Available (AFA)
Comment 4: U.S. Commission Expenses
Comment 5: U.S. Ocean Freight Expenses
Comment 6: Installation Expenses
Comment 7: The Department Erred in
Conducting the Differential Pricing
Analysis
Comment 8: Consideration of an
Alternative Comparison Method in an
Administrative Review
Comment 9: Denial of Offsets for NonDumped U.S. Sales When Using the ATo-T Comparison Method In
Administrative Reviews
Comment 10: Harbor Maintenance Fees
Comment 11: Oil Expenses
Comment 12: Exclusion of Certain U.S.
Freight Expenses for a Particular U.S.
Sales Transaction
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Comment 13: Calculation of ImporterSpecific Assessment Rate
Comment 14: Incomplete Further
Manufacturing Cost Data
C. Hyundai-Specific Issues
Comment 15: Hyundai’s U.S. Sales Data are
Not Reliable or Verifiable Because of
Certain Submissions and Should Not Be
Used in the Final Results
Comment 16: AFA With Respect to
Comment 15 (Above).
Comment 17: ‘‘Overlapping’’ Sales
Between Investigation and This Review
Comment 18: Alleged Underreported U.S.
Movement and Selling Expenses
Comment 19: Hyundai’s Reporting of
Home Market Sales
Comment 20: Indirect Selling Expenses
Comment 21: Section E Response Was Not
Complete
Comment 22: Whether Total AFA is
Warranted Based On the Totality of
Hyundai’s Responses
V. Recommendation
[FR Doc. 2015–07382 Filed 3–30–15; 8:45 am]
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]]>Agencies
[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)]
[Notices]
[Pages 17034-17036]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07382]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-867]
Large Power Transformers From the Republic of Korea: Final
Results of Antidumping Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On September 24, 2014, the Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping duty order on large power transformers from
the Republic of Korea.\1\ The review covers five producers/exporters of
the subject merchandise, Hyosung Corporation (Hyosung), Hyundai Heavy
Industries Co., Ltd. (Hyundai), ILJIN, ILJIN Electric Co., Ltd. (ILJIN
Electric), and LSIS Co., Ltd. (LSIS). ILJIN, ILJIN Electric, and LSIS,
were not selected for individual examination. The period of review
(POR) is February 16, 2012, through July 31, 2013. As a result of our
analysis of the comments and information received, these final results
differ from the Preliminary Results. For the final weighted-average
dumping margins, see the ``Final Results of Review'' section below.
---------------------------------------------------------------------------
\1\ See Large Power Transformers From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2012-
2013, 79 FR 57046 (September 24, 2014) (Preliminary Results).
---------------------------------------------------------------------------
DATES: Effective March 31, 2015.
FOR FURTHER INFORMATION CONTACT: Brian Davis (Hyosung) or David Cordell
(Hyundai), AD/CVD Operations, Office VI, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-7924 or (202) 482-0408, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 24, 2014, the Department published the Preliminary
Results. In accordance with 19 CFR 351.309(c)(1)(ii), we invited
parties to comment on our Preliminary Results.\2\ On October 15, 2014,
the Department issued a post-preliminary supplemental questionnaire, to
which Hyundai
[[Page 17035]]
responded on November 3 and 12, 2014, and December 2, 2014. On December
19, 2014, Hyosung and ABB Inc. (Petitioner) timely submitted case
briefs.\3\ Rebuttal briefs were also timely filed by Hyosung, Hyundai,
and Petitioner, on January 9, 2015.\4\ On January 20, 2015, the
Department issued a memorandum extending the time period for issuing
the final results of this administrative review from January 22, 2015
to March 16, 2015. On March 6, 2015, the Department further extended
the final results to March 23, 2015.\5\
---------------------------------------------------------------------------
\2\ The Department issued the briefing schedule in a Memorandum
to the File, dated November 3, 2014. This briefing schedule was
later extended at the request of interested parties to December 19,
2014 for briefs and January 9, 2015 for rebuttal briefs on all
issues, except one.
\3\ See Brief from Petitioner regarding Hyundai, (Petitioner
Brief Hyundai), Brief from Petitioner regarding Hyosung (Petitioner
Brief Hyosung) and Hyosung Brief, all dated December 19, 2014.
\4\ See Hyosung Rebuttal Brief, Hyundai Rebuttal Brief and
Petitioner Rebuttal Brief: All dated January 9, 2015. Petitioner
requested an extension for rebuttal briefs to January 9, 2015 which
the Department granted for all parties on December 8, 2014. See
Letter to All Interested Parties dated December 8, 2014. Petitioner
also requested a further extension for submission of the initial
briefs, which the Department denied in its letter to all parties
dated December 17, 2014, with the exception of one issue.
\5\ See Memoranda to the file dated January 20, 2015 and March
6, 2015.
---------------------------------------------------------------------------
Scope of the Order
The scope of this order 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. The merchandise
subject to the order is currently classified in the Harmonized Tariff
Schedule of the United States at subheadings 8504.23.0040, 8504.23.0080
and 8504.90.9540.\6\
---------------------------------------------------------------------------
\6\ For a full description of the scope of the order, see the
Memorandum from Gary Taverman, Associate Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, titled ``Issues
and Decision Memorandum for the Final Results of the Administrative
Review of the Antidumping Duty Order on Large Power Transformers
from the Republic of Korea; 2012-2013'' (Issues and Decision
Memorandum), which is issued concurrent with and hereby adopted by
this notice, and dated concurrently with this notice.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum.\7\ A list of the issues that parties raised and to which we
responded is attached to this notice as an Appendix. The Issues and
Decision Memorandum is a public document and is on-file electronically
via ACCESS. ACCESS is available to registered users at https://access.trade.gov and in the Central Records Unit, 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://enforcement.ita.doc.gov/frn/. The signed Issues and
Decision Memorandum and the electronic version of the Issues and
Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\7\ Id.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we recalculated
Hyosung's and Hyundai's weighted-average dumping margins for these
final results.
For Hyosung, we revised our margin program by adjusting Hyosung's
reported U.S. duty expenses for certain sales transactions. We are also
including U.S. freight expenses that were excluded in the Preliminary
Results and including the entered value of a unit that entered the
United States during the POR in our calculation of the assessment rates
for entries of LPTs during the POR.\8\
---------------------------------------------------------------------------
\8\ See Memorandum from Brian Davis to the File, regarding
``Analysis of Data Submitted by Hyosung Corporation in the Final
Results of the Administrative Review of the Antidumping Duty Order
on Large Power Transformers from the Republic of Korea; 2012-2013''
(Hyosung Final Analysis Memorandum), dated March 23, 2014, at
section ``Changes from the Preliminary Results,'' for further
information.
---------------------------------------------------------------------------
We made some changes to our calculation programs for Hyundai with
respect to oil and certain other expenses. We also used the latest
revised databases for U.S. sales and the Cost of Production based on
post-preliminary questionnaires and responses.\9\
---------------------------------------------------------------------------
\9\ See Memorandum from David Cordell to the File, regarding
``Analysis of Data Submitted by Hyundai Heavy Industries Co., Ltd.
in the Final Results of the Administrative Review of the Antidumping
Duty Order on Large Power Transformers from the Republic of Korea;
2012-2013'' (Hyundai Final Analysis Memorandum), dated March 23,
2014, at section ``Changes from the Preliminary Results,'' for
further information.
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As a result of the aforementioned recalculations of Hyosung's and
Hyundai's weighted-average dumping margins, the weighted-average
dumping margin for the three non-selected companies also changed.
Final Results of the Review
As a result of this review, the Department determines the following
weighted-average dumping margins \10\ for the period February 16, 2012,
through July 31, 2013, are as follows:
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\10\ The rate applied to the non-selected companies (i.e.,
ILJIN, ILJIN Electric, and LSIS) is a weighted-average percentage
margin calculated based on the publicly-ranged U.S. volumes of the
two reviewed companies with an affirmative dumping margin, for the
period February 16, 2012, through July 31, 2013. See Memorandum to
the File titled, ``Large Power Transformers from the Republic of
Korea: Final Dumping Margin for Respondents Not Selected for
Individual Examination,'' through Angelica Townshend, Program
Manager, dated concurrently with this notice.
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
Hyosung Corporation......................................... 6.43
Hyundai Heavy Industries Co., Ltd........................... 9.53
ILJIN Electric Co., Ltd..................................... 8.16
ILJIN....................................................... 8.16
LSIS Co., Ltd............................................... 8.16
------------------------------------------------------------------------
Duty Assessment
The Department shall determine and U.S. Customs and Border
Protection (CBP) shall assess antidumping duties on all appropriate
entries.\11\ For any individually examined respondents whose weighted-
average dumping margin is above de minimis, we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for the importer's examined sales to
the total entered value of those same sales in accordance with 19 CFR
351.212(b)(1). Upon issuance of the final results of this
administrative review, if any importer-specific assessment rates
calculated in the final results are above de minimis (i.e., at or above
0.5 percent), the Department will issue instructions directly to CBP to
assess antidumping duties on appropriate entries.
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\11\ In these final results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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To determine whether the duty assessment rates covering the period
were de minimis, in accordance with the requirement set forth in 19 CFR
351.106(c)(2), for each respondent we calculated importer (or
customer)-specific ad valorem rates by aggregating the amount of
dumping calculated for all U.S. sales to that importer or customer and
dividing this amount by the total entered value of the sales to that
importer (or customer). Where an importer (or customer)-specific ad
valorem rate is greater than de minimis, and the respondent has
reported reliable entered values, we apply the assessment rate to the
entered value of the importer's/customer's entries during the review
period.
The Department clarified its ``automatic assessment'' regulation on
[[Page 17036]]
May 6, 2003.\12\ This clarification will apply to entries of subject
merchandise during the POR produced by the respondent for which it did
not know its merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction. For a full discussion of this
clarification, see the Automatic Assessment Clarification.
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\12\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Automatic Assessment Clarification).
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We intend to issue assessment instructions directly to CBP 15 days
after publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of this notice for all shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
publication of these final results, as provided by section 751(a)(2) of
the Act: (1) The cash deposit rate for respondents noted above will be
the rate established in the final results of this administrative
review; (2) for merchandise exported by manufacturers or exporters not
covered in this administrative review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company
specific rate published for the most recently completed segment of this
proceeding; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation, but the manufacturer is,
the cash deposit rate will be the rate established for the most
recently completed segment of this proceeding for the manufacturer of
the subject merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 29.93 percent, the all-
others rate established in the antidumping investigation.\13\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
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\13\ See Large Power Transformers From the Republic of Korea:
Antidumping Duty Order, 77 FR 53177 (August 31, 2012).
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Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping and/or countervailing duties prior to
liquidation of the relevant entries during the POR. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping and/or countervailing duties occurred and
the subsequent assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).
Dated: March 23, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Final Issues and Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Discussion of Interested Party Comments
A. General Issues
Comment 1: Whether the Department Treats Installation Expenses
as Further Manufacturing Costs
B. Hyosung-Specific Issues
Comment 2: Discrepancies Between Hyosung's Net U.S. Price (as
Calculated by the Department) and Reported Entered Values
Comment 3: Hyosung Has Overstated Its Reported U.S. Prices and
Understated/Omitted U.S. Expenses and Whether To Apply Adverse Facts
Available (AFA)
Comment 4: U.S. Commission Expenses
Comment 5: U.S. Ocean Freight Expenses
Comment 6: Installation Expenses
Comment 7: The Department Erred in Conducting the Differential
Pricing Analysis
Comment 8: Consideration of an Alternative Comparison Method in
an Administrative Review
Comment 9: Denial of Offsets for Non-Dumped U.S. Sales When
Using the A-To-T Comparison Method In Administrative Reviews
Comment 10: Harbor Maintenance Fees
Comment 11: Oil Expenses
Comment 12: Exclusion of Certain U.S. Freight Expenses for a
Particular U.S. Sales Transaction
Comment 13: Calculation of Importer-Specific Assessment Rate
Comment 14: Incomplete Further Manufacturing Cost Data
C. Hyundai-Specific Issues
Comment 15: Hyundai's U.S. Sales Data are Not Reliable or
Verifiable Because of Certain Submissions and Should Not Be Used in
the Final Results
Comment 16: AFA With Respect to Comment 15 (Above).
Comment 17: ``Overlapping'' Sales Between Investigation and This
Review
Comment 18: Alleged Underreported U.S. Movement and Selling
Expenses
Comment 19: Hyundai's Reporting of Home Market Sales
Comment 20: Indirect Selling Expenses
Comment 21: Section E Response Was Not Complete
Comment 22: Whether Total AFA is Warranted Based On the Totality
of Hyundai's Responses
V. Recommendation
[FR Doc. 2015-07382 Filed 3-30-15; 8:45 am]
BILLING CODE 3510-DS-P
