Large Power Transformers From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2013-2014, 14087-14089 [2016-05940]
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Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices
pending a final and conclusive court
decision.
Amended Final Determination
Because there is now a final court
decision with respect to the Ethan Allen
Scope Ruling, the Department is
amending its final scope ruling. The
Department finds that the scope of the
WBF Order does not cover the products
addressed in the Ethan Allen Scope
Ruling. The Department will instruct
U.S. Customs and Border Protection
(‘‘CBP’’) that the cash deposit rate will
be zero percent for the four chests
imported by Ethan Allen. In the event
that the CIT’s ruling is not appealed, or
if appealed, upheld by the CAFC, the
Department will instruct CBP to
liquidate entries of Ethan Allen’s four
chests at issue without regard to
antidumping and/or countervailing
duties, and to lift suspension of
liquidation of such entries.
This notice is issued and published in
accordance with section 516A(c)(1) of
the Act.
Dated: March 9, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–05942 Filed 3–15–16; 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 Results of
Antidumping Duty Administrative
Review; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 4, 2015, 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
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
1 See Large Power Transformers From the
Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2013–
2014, 80 FR 53496 (September 4, 2015) (Preliminary
Results).
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18:11 Mar 15, 2016
Jkt 238001
(POR) is August 1, 2013, through July
31, 2014. 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 Date: March 16, 2016.
FOR FURTHER INFORMATION CONTACT:
Brian Davis (Hyosung) or Edythe
Artman (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) 482–3931,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 4, 2015, 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 16, 2015, Hyundai timely
submitted a case brief and on October
19, 2015, Hyosung and ABB Inc.
(Petitioner) timely submitted case
briefs.3 Rebuttal briefs were also timely
filed by Hyosung, Hyundai, and
Petitioner, on October 27, 2015.4 On
December 22, 2015, the Department
issued a memorandum extending the
time period for issuing the final results
of this administrative review from
January 4, 2016 to February 24, 2016.5
On February 29, 2016, the Department
further extended the final results to
March 8, 2015.6
2 The Department issued the briefing schedule in
a Memorandum to the File, dated September 9,
2015. This briefing schedule was later extended at
the request of interested parties to October 16, 2015
for briefs and October 26, 2015 for rebuttal briefs.
3 See Case Brief from Petitioner regarding
Hyundai, (Petitioner Brief Hyundai), Brief from
Petitioner regarding Hyosung (Petitioner Brief
Hyosung), and Hyosung Brief, all dated October 19,
2015, and Hyundai Brief, dated October 16, 2015.
4 See Hyosung Rebuttal Brief, Hyundai Rebuttal
Brief and Petitioner Rebuttal Brief: All dated
October 26, 2015. Petitioner requested an extension
for the briefing schedule to 30 days after Hyundai’s
submission of a post-verification supplemental
questionnaire and an extension for filing rebuttal
briefs, which the Department partially granted for
all parties in a letter dated September 29, 2015 and
extended in a letter dated October 13, 2015. See
Letter to Petitioner dated September 29, 2015 and
Letter to Petitioner dated October 13, 2015.
5 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for AD/CVD Operations, ‘‘Large
Power Transformers from the Republic of Korea:
Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2013–
2014’’ (December 22, 2015).
6 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for AD/CVD Operations, ‘‘Large
Power Transformers from the Republic of Korea:
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14087
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 8504.90.9540.7
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.8
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 B8024 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/
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
Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2013–
2014’’ (February 29, 2016); see also Memorandum
to the Record from Ron Lorentzen, Acting Assistant
Secretary for Enforcement & Compliance, regarding
‘‘Tolling of Administrative Deadlines As a Result of
the Government Closure During Snowstorm Jonas,’’
dated January 27, 2016. As explained in this
memorandum, the Department has exercised its
discretion to toll all administrative deadlines due
to the recent closure of the Federal Government. All
deadlines in this segment of the proceeding have
been extended by four business days. The revised
deadline for the final determination is now March
8, 2016.
7 For a full description of the scope of the order,
see the Memorandum from Christian Marsh, 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; 2013–2014’’ (Issues and Decision
Memorandum), which is issued concurrently with,
and hereby adopted by, this notice.
8 Id.
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Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices
Hyundai’s weighted-average dumping
margins for these final results.
For Hyosung, we revised our margin
program by adjusting our treatment of
Hyosung’s installation revenue, indirect
selling expense ratio, U.S. commission
expenses, and U.S. warranty expenses.9
For Hyundai, we revised the margin
program with respect to our treatment of
bank charges and packing expenses
incurred in the home market,
installation and supervision expenses
incurred in both markets, domestic
inventory carrying costs and U.S. credit
expenses, and U.S. commission
expenses.10
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 11
for the period August 1, 2013, through
July 31, 2014, are as follows:
Manufacturer/exporter
Weightedaverage
margin
(percent)
Hyosung Corporation ................
Hyundai Heavy Industries Co.,
Ltd .........................................
ILJIN Electric Co., Ltd ..............
ILJIN .........................................
LSIS Co., Ltd ............................
9.40
4.07
6.74
6.74
6.74
Duty Assessment
mstockstill on DSK4VPTVN1PROD with NOTICES
The Department shall determine and
U.S. Customs and Border Protection
(CBP) shall assess antidumping duties
9 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; 2013–2014’’ (Hyosung Final
Analysis Memorandum), dated March 23, 2014, at
section ‘‘Changes from the Preliminary Results,’’ for
further information.
10 See Memorandum from Edythe Artman 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; 2013–
2014’’ (Hyundai Final Analysis Memorandum),
dated March 23, 2014, at section ‘‘Changes from the
Preliminary Results,’’ for further information.
11 As we did not have publicly-ranged U.S. sales
volumes for Hyosung for the period August 1, 2013,
through July 31, 2014, to calculate a weightedaverage percentage margin for the non-selected
companies (i.e., ILJIN, ILJIN Electric, and LSIS) in
this review, the rate applied to the non-selected
companies is a simple-average percentage margin
calculated based on the margins calculated for
Hyosung and Hyundai.
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18:11 Mar 15, 2016
Jkt 238001
on all appropriate entries.12 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.
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
12 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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Fmt 4703
Sfmt 4703
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.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
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 8, 2016.
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
13 See Large Power Transformers From the
Republic of Korea: Antidumping Duty Order, 77 FR
53177 (August 31, 2012).
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Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices
IV. Scope of the Order
V. Discussion of Interested Party Comments
A. General Issues
Comment 1: The Use of Constructed Value to
Calculate Normal Value
Comment 2: Whether the Department Should
Apply the Transaction-to-Transaction
Method, and Whether the Department
Should Alter Its Application of
Differential Pricing in this
Administrative Review
Warranty Guarantee Expenses
Comment 30: Correction to Hyundai’s
Liquidation Instructions
VI. Recommendation
[FR Doc. 2016–05940 Filed 3–15–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
mstockstill on DSK4VPTVN1PROD with NOTICES
B. Hyosung—Specific Issues
Comment 3: The Department’s Capping of
Certain Expense Revenues
Comment 4: The Department’s Adjustment to
Home Market Warranty Expenses and
Indirect Selling Expenses
Comment 5: The Department’s Treatment of
Ocean Freight Revenue
Comment 6: The Department’s Treatment of
U.S. Commission Expenses
Comment 7: Clerical Error Related to U.S.
Direct Selling Expenses
[A–570–956 and C–570–957]
C. Hyundai Heavy Industries Co., Ltd.—
Specific Issues
Comment 8: Hyundai’s Reporting of
Constructed Value
Comment 9: The Department’s Treatment of
U.S. Commission Offset
Comment 10: Hyundai’s Failure to Report
Reimbursed Expenses
Comment 11: Hyundai Reporting of U.S. and
Home Market Dates of Sale
Comment 12: Hyundai’s Reported
Installation and Supervision Expenses
Comment 13: Hyundai’s Calculations of
Indirect Selling Expenses for the Home
and U.S. Markets
Comment 14: Hyundai’s Failure to Provide
Audited 2013 Financial Statements for
Hyundai Corporation (Korea)
Comment 15: Application of Adverse Facts
Available to Hyundai
Comment 16: Hyundai’s Reporting of U.S.
Credit Expenses
Comment 17: Hyundai’s Reporting of Bank
Charges Incurred on its U.S. Sales
Comment 18: Hyundai’s Reporting of U.S.
Brokerage Expenses
Comment 19: Hyundai’s Reporting of U.S.
Inland Freight Expenses for U.S. Sales
that Included Spare Parts
Comment 20: Hyundai’s Reporting of its U.S.
Supervision Costs
Comment 21: Verification of Amounts
Reported by Hyundai for Warranty
Expenses and Domestic Indirect Selling
Expenses Incurred in the United States
Comment 22: Hyundai’s Failure to Report
Inventory Carrying Costs Incurred in the
United States
Comment 23: Issues with Specific U.S. Sales
Comment 24: Hyundai’s Reporting of
Insurance and Packing Expenses for
Home-Market Sales
Comment 25: Hyundai’s Reporting of HomeMarket Inland Trucking Expenses
Comment 26: Hyundai’s Reporting Home
Market Insurance Expenses
Comment 27: Hyundai’s Reporting of Other
Direct Selling Expenses
Comment 28: Hyundai’s Reporting of Actual
Packing Expenses
Comment 29: Hyundai’s Reporting of
SUMMARY:
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18:11 Mar 15, 2016
Jkt 238001
Seamless Carbon Alloy Steel Standard
Line and Pressure Pipes From the
People’s Republic of China:
Continuation of Antidumping Duty
Order and Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
As a result of the
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (ITC)
that revocation of the antidumping duty
(AD) order and countervailing duty
(CVD) order on seamless carbon alloy
steel standard line and pressure pipes
(seamless pipe) from the People’s
Republic of China (PRC) would likely
lead to a continuation or recurrence of
dumping and countervailable subsidies
and material injury to an industry in the
United States, the Department is
publishing a notice of continuation of
the antidumping duty order and the
countervailing duty order.
DATES: Effective Date: March 16, 2016.
FOR FURTHER INFORMATION CONTACT:
Aleksandras Nakutis, Office IV, or, Peter
Zukowski, Office I, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–3147 or
(202) 482–0189.
SUPPLEMENTARY INFORMATION:
Background
On November 10, 2010, the
Department published the AD and CVD
orders on imports of seamless pipes
from the PRC.1 There have been no
administrative reviews since issuance of
the Orders. There have been no related
1 See Certain Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe From the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order, 75 FR 69052 (November
10, 2010); see also Certain Seamless Carbon and
Alloy Steel Standard, Line, and Pressure Pipe From
the People’s Republic of China: Amended Final
Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 75 FR 69050 (November
10, 2010) (Orders).
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14089
findings or rulings (e.g., changed
circumstances review, scope ruling,
duty absorption review) since issuance
of the Orders.
On October 1, 2015, the Department
published a notice of initiation of the
first sunset review of the AD and CVD
Orders on seamless pipe from the PRC,
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).2 As
a result of its reviews, the Department
determined that revocation of the AD
order would likely lead to a
continuation or recurrence of dumping
and that revocation of the CVD order
would likely lead to continuation or
recurrence of countervailable subsidies.
The Department, therefore, notified the
ITC of the magnitude of the margin and
the net countervailable subsidy rates
likely to prevail should the antidumping
order and the countervailing duty order
be revoked.3 On March 7, 2016, the ITC
published notice of its determination,
pursuant to section 751(c) of the Act,
that revocation of the AD and CVD
orders on seamless pipe from the PRC
would likely lead to a continuation or
recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time.4
Scope of the Orders
The scope of these orders consists of
certain seamless carbon and alloy steel
(other than stainless steel) pipes and
redraw hollows, less than or equal to 16
inches (406.4 mm) in outside diameter,
regardless of wall-thickness,
manufacturing process (e.g., hotfinished or cold-drawn), end finish (e.g.,
plain end, beveled end, upset end,
threaded, or threaded and coupled), or
surface finish (e.g., bare, lacquered or
coated). Redraw hollows are any
unfinished carbon or alloy steel (other
than stainless steel) pipe or ‘‘hollow
profiles’’ suitable for cold finishing
operations, such as cold drawing, to
meet the American Society for Testing
2 See Initiation of Five-Year ‘‘Sunset’’ Reviews, 80
FR 59133 (October 1, 2015).
3 See Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe From the People’s Republic
of China: Final Results of the Expedited Sunset
Review of the Antidumping Duty Order, 81 FR 7305
(February 11, 2016) and accompanying Issues and
Decision Memorandum; see also Seamless Carbon
and Alloy Steel Standard, Line, and Pressure Pipe
From the People’s Republic of China: Final Results
of Expedited First Sunset Review of the
Countervailing Duty Order, 81 FR 5985 (February 4,
2016) and the accompanying Issues and Decision
Memorandum.
4 See Certain Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe from China:
Determination, 81 FR 11837 (March 7, 2016); see
also Certain Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe from China:
Investigation Numbers 701–TA–469 and 731–TA–
1168 (Review), USITC Publication 4595, (February
2016).
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Agencies
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14087-14089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05940]
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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; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On September 4, 2015, 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 August 1, 2013, through July 31, 2014. 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; 2013-
2014, 80 FR 53496 (September 4, 2015) (Preliminary Results).
---------------------------------------------------------------------------
DATES: Effective Date: March 16, 2016.
FOR FURTHER INFORMATION CONTACT: Brian Davis (Hyosung) or Edythe Artman
(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) 482-3931, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 4, 2015, 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 16, 2015,
Hyundai timely submitted a case brief and on October 19, 2015, Hyosung
and ABB Inc. (Petitioner) timely submitted case briefs.\3\ Rebuttal
briefs were also timely filed by Hyosung, Hyundai, and Petitioner, on
October 27, 2015.\4\ On December 22, 2015, the Department issued a
memorandum extending the time period for issuing the final results of
this administrative review from January 4, 2016 to February 24,
2016.\5\ On February 29, 2016, the Department further extended the
final results to March 8, 2015.\6\
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\2\ The Department issued the briefing schedule in a Memorandum
to the File, dated September 9, 2015. This briefing schedule was
later extended at the request of interested parties to October 16,
2015 for briefs and October 26, 2015 for rebuttal briefs.
\3\ See Case Brief from Petitioner regarding Hyundai,
(Petitioner Brief Hyundai), Brief from Petitioner regarding Hyosung
(Petitioner Brief Hyosung), and Hyosung Brief, all dated October 19,
2015, and Hyundai Brief, dated October 16, 2015.
\4\ See Hyosung Rebuttal Brief, Hyundai Rebuttal Brief and
Petitioner Rebuttal Brief: All dated October 26, 2015. Petitioner
requested an extension for the briefing schedule to 30 days after
Hyundai's submission of a post-verification supplemental
questionnaire and an extension for filing rebuttal briefs, which the
Department partially granted for all parties in a letter dated
September 29, 2015 and extended in a letter dated October 13, 2015.
See Letter to Petitioner dated September 29, 2015 and Letter to
Petitioner dated October 13, 2015.
\5\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for AD/CVD Operations, ``Large Power Transformers from the
Republic of Korea: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2013-2014'' (December 22,
2015).
\6\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for AD/CVD Operations, ``Large Power Transformers from the
Republic of Korea: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2013-2014'' (February 29,
2016); see also Memorandum to the Record from Ron Lorentzen, Acting
Assistant Secretary for Enforcement & Compliance, regarding
``Tolling of Administrative Deadlines As a Result of the Government
Closure During Snowstorm Jonas,'' dated January 27, 2016. As
explained in this memorandum, the Department has exercised its
discretion to toll all administrative deadlines due to the recent
closure of the Federal Government. All deadlines in this segment of
the proceeding have been extended by four business days. The revised
deadline for the final determination is now March 8, 2016.
---------------------------------------------------------------------------
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.\7\
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\7\ For a full description of the scope of the order, see the
Memorandum from Christian Marsh, 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; 2013-2014'' (Issues and Decision
Memorandum), which is issued concurrently with, and hereby adopted
by, this notice.
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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.\8\ 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 B8024 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.
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\8\ Id.
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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
[[Page 14088]]
Hyundai's weighted-average dumping margins for these final results.
For Hyosung, we revised our margin program by adjusting our
treatment of Hyosung's installation revenue, indirect selling expense
ratio, U.S. commission expenses, and U.S. warranty expenses.\9\ For
Hyundai, we revised the margin program with respect to our treatment of
bank charges and packing expenses incurred in the home market,
installation and supervision expenses incurred in both markets,
domestic inventory carrying costs and U.S. credit expenses, and U.S.
commission expenses.\10\
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\9\ 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; 2013-2014''
(Hyosung Final Analysis Memorandum), dated March 23, 2014, at
section ``Changes from the Preliminary Results,'' for further
information.
\10\ See Memorandum from Edythe Artman 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;
2013-2014'' (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 \11\ for the period August 1, 2013,
through July 31, 2014, are as follows:
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\11\ As we did not have publicly-ranged U.S. sales volumes for
Hyosung for the period August 1, 2013, through July 31, 2014, to
calculate a weighted-average percentage margin for the non-selected
companies (i.e., ILJIN, ILJIN Electric, and LSIS) in this review,
the rate applied to the non-selected companies is a simple-average
percentage margin calculated based on the margins calculated for
Hyosung and Hyundai.
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
Hyosung Corporation........................................ 9.40
Hyundai Heavy Industries Co., Ltd.......................... 4.07
ILJIN Electric Co., Ltd.................................... 6.74
ILJIN...................................................... 6.74
LSIS Co., Ltd.............................................. 6.74
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Duty Assessment
The Department shall determine and U.S. Customs and Border
Protection (CBP) shall assess antidumping duties on all appropriate
entries.\12\ 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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\12\ 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.
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 22.00 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 8, 2016.
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
[[Page 14089]]
IV. Scope of the Order
V. Discussion of Interested Party Comments
A. General Issues
Comment 1: The Use of Constructed Value to Calculate Normal Value
Comment 2: Whether the Department Should Apply the Transaction-to-
Transaction Method, and Whether the Department Should Alter Its
Application of Differential Pricing in this Administrative Review
B. Hyosung--Specific Issues
Comment 3: The Department's Capping of Certain Expense Revenues
Comment 4: The Department's Adjustment to Home Market Warranty
Expenses and Indirect Selling Expenses
Comment 5: The Department's Treatment of Ocean Freight Revenue
Comment 6: The Department's Treatment of U.S. Commission Expenses
Comment 7: Clerical Error Related to U.S. Direct Selling Expenses
C. Hyundai Heavy Industries Co., Ltd.--Specific Issues
Comment 8: Hyundai's Reporting of Constructed Value
Comment 9: The Department's Treatment of U.S. Commission Offset
Comment 10: Hyundai's Failure to Report Reimbursed Expenses
Comment 11: Hyundai Reporting of U.S. and Home Market Dates of Sale
Comment 12: Hyundai's Reported Installation and Supervision Expenses
Comment 13: Hyundai's Calculations of Indirect Selling Expenses for
the Home and U.S. Markets
Comment 14: Hyundai's Failure to Provide Audited 2013 Financial
Statements for Hyundai Corporation (Korea)
Comment 15: Application of Adverse Facts Available to Hyundai
Comment 16: Hyundai's Reporting of U.S. Credit Expenses
Comment 17: Hyundai's Reporting of Bank Charges Incurred on its U.S.
Sales
Comment 18: Hyundai's Reporting of U.S. Brokerage Expenses
Comment 19: Hyundai's Reporting of U.S. Inland Freight Expenses for
U.S. Sales that Included Spare Parts
Comment 20: Hyundai's Reporting of its U.S. Supervision Costs
Comment 21: Verification of Amounts Reported by Hyundai for Warranty
Expenses and Domestic Indirect Selling Expenses Incurred in the
United States
Comment 22: Hyundai's Failure to Report Inventory Carrying Costs
Incurred in the United States
Comment 23: Issues with Specific U.S. Sales
Comment 24: Hyundai's Reporting of Insurance and Packing Expenses
for Home-Market Sales
Comment 25: Hyundai's Reporting of Home-Market Inland Trucking
Expenses
Comment 26: Hyundai's Reporting Home Market Insurance Expenses
Comment 27: Hyundai's Reporting of Other Direct Selling Expenses
Comment 28: Hyundai's Reporting of Actual Packing Expenses
Comment 29: Hyundai's Reporting of Warranty Guarantee Expenses
Comment 30: Correction to Hyundai's Liquidation Instructions
VI. Recommendation
[FR Doc. 2016-05940 Filed 3-15-16; 8:45 am]
BILLING CODE 3510-DS-P