Large Power Transformers From the Republic of Korea: Amended Final Results of Antidumping Duty Administrative Review; 2012-2013, 26001-26003 [2015-10512]
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Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Notices
due to poor performance. Minor edits
here made throughout the standard to
improve clarity.
Signed this 22nd day of April, 2015, in
Washington, DC.
Jason A. Weller,
Chief, Natural Resources Conservation
Service.
[FR Doc. 2015–10476 Filed 5–5–15; 8:45 am]
BILLING CODE 3410–16–P
DEPARTMENT OF COMMERCE
International Trade Administration
Renewable Energy and Energy
Efficiency Advisory Committee
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an open meeting.
AGENCY:
The Renewable Energy and
Energy Efficiency Advisory Committee
(RE&EEAC) will hold a meeting on
Tuesday, June 23, 2015 at the
Department of Commerce Herbert C.
Hoover Building in Washington, DC.
The meeting is open to the public and
interested parties are requested to
contact the Department of Commerce in
advance of the meeting.
DATES: June 23, 2015, from
approximately 8:30 a.m. to 4 p.m.
Daylight Saving Time (DST). Members
of the public wishing to participate
must notify Andrew Bennett at the
contact information below by 5 p.m.
DST on Friday, June 19, 2015, in order
to pre-register.
FOR FURTHER INFORMATION CONTACT:
Andrew Bennett, Office of Energy and
Environmental Industries (OEEI),
International Trade Administration,
U.S. Department of Commerce at (202)
482–5235; email: Andrew.Bennett@
trade.gov.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
Background: The Secretary of
Commerce established the RE&EEAC
pursuant to his discretionary authority
and in accordance with the Federal
Advisory Committee Act (5 U.S.C. App.)
on July 14, 2010. The RE&EEAC was rechartered on June 12, 2014. The
RE&EEAC provides the Secretary of
Commerce with consensus advice from
the private sector on the development
and administration of programs and
policies to enhance the international
competitiveness of the U.S. renewable
energy and energy efficiency industries.
During the June 23rd meeting of the
RE&EEAC, committee members will
discuss priority issues identified in
advance by the Committee Chair and
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Sub-Committee leadership, and hear
from interagency partners on issues
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Efficiency industries.
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close of the meeting will be available for
pertinent oral comments from members
of the public attending the meeting. To
accommodate as many speakers as
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wishing to reserve additional speaking
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address of the proposed participant by
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Comments may be submitted to the
Renewable Energy and Energy
Efficiency Advisory Committee, c/o:
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Dated: April 29, 2015.
Edward A. O’Malley,
Director, Office of Energy and Environmental
Industries.
[FR Doc. 2015–10527 Filed 5–5–15; 8:45 am]
BILLING CODE 3510–DR–P
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26001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–867]
Large Power Transformers From the
Republic of Korea: Amended Final
Results of Antidumping Duty
Administrative Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is amending its final
results in the administrative review of
the antidumping duty order on large
power transformers from the Republic of
Korea (Korea) for the period February
16, 2012, through July 31, 2013, to
correct certain ministerial errors.
DATES: Effective date: May 6, 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 March 31, 2015, the Department
published its final results in the
administrative review of the
antidumping duty order on large power
transformers from Korea.1 On March 30,
2015, ABB Inc. (Petitioner) submitted a
ministerial error allegation.2 On March
30, 2015, Hyundai Heavy Industries Co.,
Ltd. (HHI) and Hyundai Corporation,
USA (Hyundai USA) (collectively,
Hyundai) filed a ministerial error
allegation.3 On April 3, 2015, Hyosung
Corporation and HICO America Sales
and Technology, Inc. (collectively,
Hyosung) submitted comments in reply
to Petitioner’s allegation.4 Based on our
analysis of these allegations, we made
changes to the calculation of the
1 See Large Power Transformers From the
Republic of Korea: Final Results of Antidumping
Duty Administrative Review; 2012–2013, 80 FR
17034 (March 31, 2015) (Final Results).
2 See Letter from Petitioner to the Department,
‘‘Administrative Review of Large Power
Transformers from Korea—Petitioner’s Allegation
on Ministerial Errors in the Department’s Final
Margin Calculation’’ dated March 30, 2015.
3 See Letter from Hyundai to the Department,
‘‘Antidumping Administrative Review of Large
Power Transformers from Korea Ministerial Error
Comments’’ dated March 30, 2015.
4 See Letter from Hyosung to the Department,
‘‘Large Power Transformers from the Republic of
Korea: Reply to Petitioner’s Allegation of
Ministerial Errors’’ (April 3, 2015).
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Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Notices
weighted-average dumping margins for
Hyundai, Hyosung and for the nonindividually examined respondents.
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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.
Incomplete LPTs are subassemblies
consisting of the active part and any
other parts attached to, imported with or
invoiced with the active parts of LPTs.
The ‘‘active part’’ of the transformer
consists of one or more of the following
when attached to or otherwise
assembled with one another: The steel
core or shell, the windings, electrical
insulation between the windings, the
mechanical frame for an LPT.
The product definition encompasses
all such LPTs regardless of name
designation, including but not limited to
step-up transformers, step-down
transformers, autotransformers,
interconnection transformers, voltage
regulator transformers, rectifier
transformers, and power rectifier
transformers.
The LPTs subject to this order are
currently classifiable under subheadings
8504.23.0040, 8504.23.0080 and
8504.90.9540 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this order is dispositive.
Ministerial Error
Section 751(h) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.224(f) define a ‘‘ministerial error’’ as
an error ‘‘in addition, subtraction, or
other arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.’’
We agree with Hyundai that we made
a ministerial error within the meaning
of 19 CFR 351.224(f) with respect to one
expense field. For sales of multiple
units, the Department inadvertently
used the total amounts of the expense
for the relevant sales rather than the perunit amounts. No other party
commented on this issue.
With respect to Petitioner’s allegation
that in the Department’s margin
program, the Department erred by
failing to include all U.S. selling
expenses in calculating the amount of
CEP profit to deduct in its
determination of the net U.S. price, the
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Department agrees that this is a
ministerial error. However, for reasons
outlined in the accompanying
ministerial error memorandum and in
the calculation memoranda,5 the
Department has revised its CEP expense
calculation using programming language
that differs from that suggested by
Petitioner in order to properly calculate
CEP profit, net U.S. price, and normal
value.
Hyosung argues that the Department
should reject Petitioner’s allegation on
the grounds that Petitioner could have
raised the allegation in its case brief and
it is, therefore, now untimely. Hyosung
also argues that it is a belated attempt
to raise a methodological issue with
respect to the Department’s calculations.
Nevertheless, we find that we made an
inadvertent error in not using the
correct calculation string with respect to
CEP expenses, and therefore, are
correcting and amending the final
results of review in accordance with
section 751(h) of the Act and 19 CFR
351.224(e). As a result, the weightedaverage dumping margin for Hyosung
changes from 6.43 percent to 9.09
percent, and for Hyundai changes from
9.53 percent to 13.82 percent.
Furthermore, the rate for the
respondents not selected for individual
examination, which is based on the
weighted-average of the two
respondents selected for individual
examination, changes from 8.16 percent
to 11.73 percent.6
All Other’s Rate
The Department, in the Final Results,
inadvertently stated ‘‘the cash deposit
rate for all other manufacturers or
exporters will continue to be 29.93
5 See Memoranda entitled ‘‘Amended Final
Results of the Antidumping Duty Administrative
Review of Large Power Transformers from the
Republic of Korea; 2012–2013: Allegations of
Ministerial Errors’’; ‘‘Analysis of Data Submitted by
Hyosung Corporation in the Amended Final Results
of the Antidumping Duty Administrative Review of
Large Power Transformers from the Republic of
Korea; 2012–2013’’; and ‘‘Analysis of Data
Submitted by Hyundai Heavy Industries Co., Ltd.
(HHI) and Hyundai Corporation, USA (Hyundai
USA) (collectively, Hyundai) in the Amended Final
Results of the Antidumping Duty Administrative
Review of Large Power Transformers from the
Republic of Korea; 2012–2013,’’ dated concurrently
with this notice.
6 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 (both of which are affirmative dumping
margins), for the period February 16, 2012, through
July 31, 2013. See Memorandum to the File titled,
‘‘Large Power Transformers from the Republic of
Korea: Amended Final Dumping Margin for
Respondents Not Selected for Individual
Examination,’’ through Angelica Townshend,
Program Manager, dated concurrently with this
notice.
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percent, the all-others rate established
in the antidumping investigation.’’ 7
This should have read: ‘‘the cash
deposit rate for all other manufacturers
or exporters will continue to be 22.00
percent, the all-others rate established
in the antidumping investigation.’’ 8
Amended Final Results of the Review
The Department determines that the
following amended weighted-average
dumping margins exist for the period
February 16, 2012, through July 31,
2013:
Company
Hyosung Corporation ......
Hyundai Heavy Industries
Co., Ltd .......................
ILJIN Electric Co., Ltd ....
ILJIN ...............................
LSIS Co., Ltd ..................
Weighted-average
dumping margin
(percent)
9.09
13.82
11.73
11.73
11.73
Disclosure
We will disclose the calculation
memoranda used in our analysis to
parties to this proceeding within five
days of the date of the public
announcement of these amended final
results pursuant to 19 CFR 351.224(b).
Duty Assessment
The Department shall determine and
U.S. Customs and Border Protection
(CBP) shall assess antidumping duties
on all appropriate entries.9 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
amended final results of this
administrative review, if any importerspecific assessment rates calculated in
the amended 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
7 See
Final Results, 80 FR at 17036.
Large Power Transformers From the
Republic of Korea: Antidumping Duty Order, 77 FR
53177 (August 31, 2012).
9 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).
8 See
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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
May 6, 2003.10 This clarification will
apply to entries of subject merchandise
during the period of review (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 allothers 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 do not intend to issue assessment
instructions to CBP because of the
preliminary injunction that was issued
after the issuance of the Final Results.
See CBP Message Number 5111304.
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Cash Deposit Instructions
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 amended 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 amended 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
10 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Automatic Assessment
Clarification).
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subject merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 22.00
percent, the all-others rate established
in the antidumping investigation.11
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
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.
Notification to Interested Parties
We are issuing and publishing these
amended final results in accordance
with section 751(h) of the Act and 19
CFR 351.224(f).
Dated: April 28, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–10512 Filed 5–5–15; 8:45 am]
BILLING CODE 3510–DS–P
11 See Large Power Transformers From the
Republic of Korea: Antidumping Duty Order, 77 FR
53177 (August 31, 2012).
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26003
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–805]
Certain Circular Welded Non-Alloy
Steel Pipe from Mexico: Rescission of
Antidumping Duty Administrative
Review; 2013–2014
Enforcement and Compliance,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is rescinding the
administrative review of the
antidumping duty order on certain
circular welded non-alloy steel pipe
from Mexico for the period November 1,
2013, through October 31, 2014.
DATES: Effective Date: May 6, 2015.
FOR FURTHER INFORMATION CONTACT:
Mark Flessner or Robert James, 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) 482–6312 and (202)
482–0649, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 23, 2014, based on a
timely request for review by Wheatland
Tube Company (Wheatland), the
Department published in the Federal
Register a notice of initiation of an
administrative review of the
antidumping duty order on certain
circular welded non-alloy steel pipe
from Mexico covering the period
November 1, 2013, through October 31,
2014.1 On March 23, 2015, Wheatland
withdrew its request for an
administrative review of all of the
companies listed in its review request.2
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, in whole or in
part, if the party that requested the
review withdraws its request within 90
days of the publication of the notice of
initiation of the requested review. In
this case, Wheatland timely withdrew
its review request by the 90-day
deadline, and no other party requested
an administrative review of the
antidumping duty order. As a result, we
are rescinding the administrative review
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 79 FR
76956 (December 23, 2014).
2 See letter from Wheatland to the Secretary of
Commerce entitled, ‘‘Circular Welded Non-Alloy
Steel Pipe From Mexico: Withdrawal Of Request
For Administrative Review,’’ date March 23, 2015.
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]]>Agencies
[Federal Register Volume 80, Number 87 (Wednesday, May 6, 2015)]
[Notices]
[Pages 26001-26003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10512]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-867]
Large Power Transformers From the Republic of Korea: Amended
Final Results of Antidumping Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is amending its
final results in the administrative review of the antidumping duty
order on large power transformers from the Republic of Korea (Korea)
for the period February 16, 2012, through July 31, 2013, to correct
certain ministerial errors.
DATES: Effective date: May 6, 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 March 31, 2015, the Department published its final results in
the administrative review of the antidumping duty order on large power
transformers from Korea.\1\ On March 30, 2015, ABB Inc. (Petitioner)
submitted a ministerial error allegation.\2\ On March 30, 2015, Hyundai
Heavy Industries Co., Ltd. (HHI) and Hyundai Corporation, USA (Hyundai
USA) (collectively, Hyundai) filed a ministerial error allegation.\3\
On April 3, 2015, Hyosung Corporation and HICO America Sales and
Technology, Inc. (collectively, Hyosung) submitted comments in reply to
Petitioner's allegation.\4\ Based on our analysis of these allegations,
we made changes to the calculation of the
[[Page 26002]]
weighted-average dumping margins for Hyundai, Hyosung and for the non-
individually examined respondents.
---------------------------------------------------------------------------
\1\ See Large Power Transformers From the Republic of Korea:
Final Results of Antidumping Duty Administrative Review; 2012-2013,
80 FR 17034 (March 31, 2015) (Final Results).
\2\ See Letter from Petitioner to the Department,
``Administrative Review of Large Power Transformers from Korea--
Petitioner's Allegation on Ministerial Errors in the Department's
Final Margin Calculation'' dated March 30, 2015.
\3\ See Letter from Hyundai to the Department, ``Antidumping
Administrative Review of Large Power Transformers from Korea
Ministerial Error Comments'' dated March 30, 2015.
\4\ See Letter from Hyosung to the Department, ``Large Power
Transformers from the Republic of Korea: Reply to Petitioner's
Allegation of Ministerial Errors'' (April 3, 2015).
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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.
Incomplete LPTs are subassemblies consisting of the active part and
any other parts attached to, imported with or invoiced with the active
parts of LPTs. The ``active part'' of the transformer consists of one
or more of the following when attached to or otherwise assembled with
one another: The steel core or shell, the windings, electrical
insulation between the windings, the mechanical frame for an LPT.
The product definition encompasses all such LPTs regardless of name
designation, including but not limited to step-up transformers, step-
down transformers, autotransformers, interconnection transformers,
voltage regulator transformers, rectifier transformers, and power
rectifier transformers.
The LPTs subject to this order are currently classifiable under
subheadings 8504.23.0040, 8504.23.0080 and 8504.90.9540 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the scope of this order is dispositive.
Ministerial Error
Section 751(h) of the Tariff Act of 1930, as amended (the Act), and
19 CFR 351.224(f) define a ``ministerial error'' as an error ``in
addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which the Secretary considers
ministerial.''
We agree with Hyundai that we made a ministerial error within the
meaning of 19 CFR 351.224(f) with respect to one expense field. For
sales of multiple units, the Department inadvertently used the total
amounts of the expense for the relevant sales rather than the per-unit
amounts. No other party commented on this issue.
With respect to Petitioner's allegation that in the Department's
margin program, the Department erred by failing to include all U.S.
selling expenses in calculating the amount of CEP profit to deduct in
its determination of the net U.S. price, the Department agrees that
this is a ministerial error. However, for reasons outlined in the
accompanying ministerial error memorandum and in the calculation
memoranda,\5\ the Department has revised its CEP expense calculation
using programming language that differs from that suggested by
Petitioner in order to properly calculate CEP profit, net U.S. price,
and normal value.
---------------------------------------------------------------------------
\5\ See Memoranda entitled ``Amended Final Results of the
Antidumping Duty Administrative Review of Large Power Transformers
from the Republic of Korea; 2012-2013: Allegations of Ministerial
Errors''; ``Analysis of Data Submitted by Hyosung Corporation in the
Amended Final Results of the Antidumping Duty Administrative Review
of Large Power Transformers from the Republic of Korea; 2012-2013'';
and ``Analysis of Data Submitted by Hyundai Heavy Industries Co.,
Ltd. (HHI) and Hyundai Corporation, USA (Hyundai USA) (collectively,
Hyundai) in the Amended Final Results of the Antidumping Duty
Administrative Review of Large Power Transformers from the Republic
of Korea; 2012-2013,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Hyosung argues that the Department should reject Petitioner's
allegation on the grounds that Petitioner could have raised the
allegation in its case brief and it is, therefore, now untimely.
Hyosung also argues that it is a belated attempt to raise a
methodological issue with respect to the Department's calculations.
Nevertheless, we find that we made an inadvertent error in not using
the correct calculation string with respect to CEP expenses, and
therefore, are correcting and amending the final results of review in
accordance with section 751(h) of the Act and 19 CFR 351.224(e). As a
result, the weighted-average dumping margin for Hyosung changes from
6.43 percent to 9.09 percent, and for Hyundai changes from 9.53 percent
to 13.82 percent. Furthermore, the rate for the respondents not
selected for individual examination, which is based on the weighted-
average of the two respondents selected for individual examination,
changes from 8.16 percent to 11.73 percent.\6\
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\6\ 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 (both of which are affirmative dumping margins),
for the period February 16, 2012, through July 31, 2013. See
Memorandum to the File titled, ``Large Power Transformers from the
Republic of Korea: Amended Final Dumping Margin for Respondents Not
Selected for Individual Examination,'' through Angelica Townshend,
Program Manager, dated concurrently with this notice.
---------------------------------------------------------------------------
All Other's Rate
The Department, in the Final Results, inadvertently stated ``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.'' \7\ This should have read: ``the cash
deposit rate for all other manufacturers or exporters will continue to
be 22.00 percent, the all-others rate established in the antidumping
investigation.'' \8\
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\7\ See Final Results, 80 FR at 17036.
\8\ See Large Power Transformers From the Republic of Korea:
Antidumping Duty Order, 77 FR 53177 (August 31, 2012).
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Amended Final Results of the Review
The Department determines that the following amended weighted-
average dumping margins exist for the period February 16, 2012, through
July 31, 2013:
------------------------------------------------------------------------
Weighted-average
Company dumping margin
(percent)
------------------------------------------------------------------------
Hyosung Corporation.................................. 9.09
Hyundai Heavy Industries Co., Ltd.................... 13.82
ILJIN Electric Co., Ltd.............................. 11.73
ILJIN................................................ 11.73
LSIS Co., Ltd........................................ 11.73
------------------------------------------------------------------------
Disclosure
We will disclose the calculation memoranda used in our analysis to
parties to this proceeding within five days of the date of the public
announcement of these amended final results pursuant to 19 CFR
351.224(b).
Duty Assessment
The Department shall determine and U.S. Customs and Border
Protection (CBP) shall assess antidumping duties on all appropriate
entries.\9\ 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 amended final results of this
administrative review, if any importer-specific assessment rates
calculated in the amended 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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\9\ 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
[[Page 26003]]
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
May 6, 2003.\10\ This clarification will apply to entries of subject
merchandise during the period of review (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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\10\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Automatic Assessment Clarification).
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We do not intend to issue assessment instructions to CBP because of
the preliminary injunction that was issued after the issuance of the
Final Results. See CBP Message Number 5111304.
Cash Deposit Instructions
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 amended 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 amended 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 22.00
percent, the all-others rate established in the antidumping
investigation.\11\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\11\ 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.
Notification to Interested Parties
We are issuing and publishing these amended final results in
accordance with section 751(h) of the Act and 19 CFR 351.224(f).
Dated: April 28, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-10512 Filed 5-5-15; 8:45 am]
BILLING CODE 3510-DS-P
