Large Power Transformers From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2016-2017, 16461-16463 [2019-07909]
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Federal Register / Vol. 84, No. 76 / Friday, April 19, 2019 / Notices
Dated: April 11, 2019.
Chad Rupe,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2019–07900 Filed 4–18–19; 8:45 am]
BILLING CODE P
Foreign-Trade Zones Board
Dated: April 16, 2019.
Elizabeth Whiteman,
Acting Executive Secretary.
[B–70–2018]
[FR Doc. 2019–07908 Filed 4–18–19; 8:45 am]
DEPARTMENT OF COMMERCE
Foreign-Trade Zone (FTZ) 52—Suffolk,
County, New York; Authorization of
Production Activity; LNK International,
Inc. (Pharmaceutical Products),
Hauppauge, New York
On November 5, 2018, Suffolk
County, New York, grantee of FTZ 52,
submitted a notification of proposed
production activity to the FTZ Board on
behalf of LNK International, Inc., within
Subzone 52B, in Hauppauge, New York.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (83 FR 56800,
November 14, 2018). On April 15, 2019,
the applicant was notified of the FTZ
Board’s decision that no further review
of the activity is warranted at this time.
The production activity described in the
notification was authorized, subject to
the FTZ Act and the FTZ Board’s
regulations, including Section 400.14.
Dated: April 15, 2019.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2019–07907 Filed 4–18–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–71–2018]
Foreign-Trade Zone (FTZ) 230—
Greensboro, North Carolina;
Authorization of Production Activity;
Patheon Softgels (Pharmaceutical
Products), High Point, North Carolina
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the applicant was notified of the FTZ
Board’s decision that no further review
of the activity is warranted at this time.
The production activity described in the
notification was authorized, subject to
the FTZ Act and the FTZ Board’s
regulations, including Section 400.14.
On November 7, 2018, The Piedmont
Triad Partnership, grantee of FTZ 230,
submitted a notification of proposed
production activity to the FTZ Board on
behalf of Patheon Softgels, within
Subzone 230C in High Point, North
Carolina.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (83 FR 57409,
November 15, 2018). On April 16, 2019,
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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; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Hyosung
Corporation (Hyosung) and Hyundai
Heavy Industries Co., Ltd. and Hyundai
Electric & Energy Systems Co.
(collectively, Hyundai) made sales of
large power transformers from the
Republic of Korea (Korea) at less than
normal value during the period of
review (POR) August 1, 2016, through
July 31, 2017.
DATES: Applicable April 19, 2019.
FOR FURTHER INFORMATION CONTACT: John
Drury (Hyosung) or Joshua DeMoss
(Hyundai), AD/CVD Operations, Office
VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0195 or
(202) 482–3362, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 7, 2018, Commerce
published the Preliminary Results.1 A
summary of the events that occurred
since Commerce published these
preliminary results, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum, which is hereby adopted
by this notice.2
1 See Large Power Transformers from the
Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2016–
2017, 83 FR 45415 (September 7, 2018) (Preliminary
Results).
2 See Memorandum to Gary Taverman, Deputy
Assistant Secretary for Antidumping and
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Fmt 4703
Sfmt 4703
16461
The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and it is
available to all parties 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 at https://
enforcement.trade.gov/frn/.
The signed and electronic versions of
the Issues and Decision Memorandum
are identical in content.
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019.3 If the new deadline falls on a
non-business day, in accordance with
Commerce’s practice, the deadline will
become the next business day. The
revised deadline for the final results of
this review is now April 12, 2019.
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. For a
complete description of the scope of the
order, see the accompanying Issues and
Decision Memorandum.
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.
For a list of the issues raised by parties,
see the Appendix to this notice.
Countervailing Duty Operations, entitled ‘‘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; 2016–2017,’’ dated concurrently
with this notice (Issues and Decision
Memorandum).
3 See memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
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16462
Federal Register / Vol. 84, No. 76 / Friday, April 19, 2019 / Notices
Changes Since the Preliminary Results
Commerce has made no changes to
the Preliminary Results with respect to
Hyundai. As stated in the Preliminary
Results, we found that the application of
total facts otherwise available with
adverse inferences to Hyundai’s
weighted-average dumping margin,
pursuant to sections 776(a) and (b) of
the Tariff Act of 1930, as amended, (the
Act), was warranted.
Based on our review of the record and
comments received from interested
parties, we made certain changes to the
margin calculations for Hyosung. For
Hyosung, Commerce has relied on
partial adverse facts available under
section 776(a)(1) of the Act with respect
to general and administrative (G&A)
expenses, indirect selling expenses, and
document acceptance charges. As a
result of these changes, the weightedaverage dumping margin also changes
for the three companies not selected for
individual examination.
Final Results of the Review
The final weighted-average dumping
margins are as follows:
Weightedaverage
dumping
margin
(percent)
Producer or exporter
Hyosung Corporation ............................
Hyundai Heavy Industries Co., Ltd./
Hyundai Electric & Energy Systems
Co., Ltd ..............................................
Iljin Electric Co., Ltd ..............................
Iljin .........................................................
LSIS Co., Ltd .........................................
15.74
60.81
15.74
15.74
15.74
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Disclosure
We will disclose the calculations
performed to parties in this proceeding
within five days of the date of
publication of this notice, in accordance
with 19 CFR 351.224(b).
Assessment Rate
The Department shall determine and
U.S. Customs and Border Protection
(CBP) shall assess antidumping duties
on all appropriate entries.4 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
4 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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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 will apply the
assessment rate to the entered value of
the importer’s/customer’s entries during
the POR.
With regard to Hyosung, as explained
in our Issues and Decision
Memorandum, we find that Hyosung
has provided sufficient evidence, based
on the totality of the circumstances
under Commerce’s successor-in-interest
criteria, to demonstrate that Hyosung
Heavy Industries Corporation (HIIC) is
the successor-in-interest to Hyosung.
After the publication of these final
results, we intend to issue liquidation
instructions covering entries made by
Hyosung during the POR at the rate
established in these final results.
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 equal
to the weighted-average dumping
margins established in the final results
of this administrative review; (2) for
merchandise exported by producers 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
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Fmt 4703
Sfmt 4703
review, or the original investigation, but
the producer is, the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other producers or
exporters will continue to be 22.00
percent, the all-others rate established
in the less-than-fair-value
investigation.5 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
As explained above, we find that
Hyosung has provided sufficient
evidence, based on the totality of the
circumstances under Commerce’s
successor-in-interest criteria, to
demonstrate that HIIC is the successorin-interest to Hyosung. Accordingly,
effective the date of publication of these
final results, we intend to instruct CBP
to begin collecting deposits from HHIC
at the rate assigned to Hyosung pursuant
to these final results.
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
Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties did occur 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 this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
5 See Large Power Transformers from the
Republic of Korea: Antidumping Duty Order, 77 FR
53177 (August 31, 2012).
E:\FR\FM\19APN1.SGM
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Federal Register / Vol. 84, No. 76 / Friday, April 19, 2019 / Notices
CFR 351.213(h) and 19 CFR
351.221(b)(5).
ACTION:
Notice of Federal Advisory
Committee meeting.
Dated: April 12, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
This notice sets forth the
schedule and proposed agenda for a
meeting of the Civil Nuclear Trade
Advisory Committee (CINTAC).
DATES: The meeting is scheduled for
Monday, May 6, 2019, from 2:00 p.m. to
4:00 p.m. Eastern Daylight Time (EDT).
The deadline for members of the public
to register to participate, including
requests to make comments during the
meeting and for auxiliary aids, or to
submit written comments for
dissemination prior to the meeting, is
5:00 p.m. EDT on Thursday, May 2,
2019.
ADDRESSES: The meeting will be held
via conference call. The call-in number
and passcode will be provided by email
to registrants. Requests to register to
participate (including to speak or for
auxiliary aids) and any written
comments should be submitted to: Mr.
Devin Horne, Office of Energy &
Environmental Industries, International
Trade Administration, Room 28018,
1401 Constitution Ave. NW,
Washington, DC 20230. (Fax: 202–482–
5665; email: devin.horne@trade.gov).
Members of the public are encouraged
to submit registration requests and
written comments via email to ensure
timely receipt.
FOR FURTHER INFORMATION CONTACT: Mr.
Devin Horne, Office of Energy &
Environmental Industries, International
Trade Administration, Room 28018,
1401 Constitution Ave. NW,
Washington, DC 20230. (Phone: 202–
482–0775; Fax: 202–482–5665; email:
devin.horne@trade.gov).
SUPPLEMENTARY INFORMATION:
Background: The Secretary of
Commerce established CINTAC under
discretionary authority and in
accordance with the Federal Advisory
Committee Act (5 U.S.C. App.). The
Department of Commerce identified a
need for consensus advice from U.S.
industry to the U.S. Government
regarding the development and
administration of programs to expand
U.S. exports of civil nuclear goods and
services in accordance with applicable
U.S. laws and regulations, including
advice on how U.S. civil nuclear goods
and services export policies, programs,
and activities will affect the U.S. civil
nuclear industry’s competitiveness and
ability to participate in the international
market.
The Department of Commerce
renewed the CINTAC charter on August
10, 2018. This meeting is being
convened under the sixth charter of the
CINTAC.
SUMMARY:
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Application of Adverse Facts Available
VI. Discussion of the Issues
A. Hyundai-Specific Issues
Comment 1: Reliability of Hyundai’s Cost
Data
Comment 2: Hyundai’s Cost Reconciliation
Comment 3: An Adverse Inference is Not
Warranted
Comment 4: Moot Issues
B. Hyosung-Specific Issues
Comment 5: Ministerial Errors
Comment 6: Service Related Revenue
Capping and Order Acknowledgement
Form
Comment 7: U.S. Indirect Selling and General
and Administrative Expenses
Comment 8: Whether Commerce’s
Preliminary Results G&A Expense
Adjustment was Appropriate
Comment 9: Variable Overhead Expenses
Comment 10: Costs of Spare Parts
Comment 11: Packing Costs
Comment 12: Scrapped Materials
Comment 13: Product Codes and Home
Market Sales
Comment 14: Product Codes and U.S. Sales
Comment 15: Product Codes and ‘‘VOH3B’’
Cost Variances
Comment 16: Warranty Expenses
Comment 17: Depreciation Costs
Comment 18: Document Acceptance Charge
Comment 19: Interest Expense Ratio
Comment 20: Brokerage Expenses
Comment 21: Effective Date of the Deposit
Rate
Comment 22: Successor in Interest
Comment 23: Cost Variances
Comment 24: Constructed Export Price Offset
Comment 25: Constructed Value for Normal
Value
C. General Issues
Comment 26: Rate for Non-selected
Respondents
VII. Recommendation
[FR Doc. 2019–07909 Filed 4–18–19; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
Meeting of the Civil Nuclear Trade
Advisory Committee
International Trade
Administration, U.S. Department of
Commerce.
AGENCY:
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16463
Topics to be considered: The agenda
for the Monday, May 6, 2019, CINTAC
meeting is as follows: Discussion of
activities related to the U.S. Department
of Commerce’s Civil Nuclear Trade
Initiative and establishment of CINTAC
subcommittees.
Members of the public wishing to
attend the meeting must notify Mr.
Devin Horne at the contact information
above by 5:00 p.m. EDT on Thursday,
May 2, 2019 in order to pre-register to
participate. Please specify any requests
for reasonable accommodation at least
five business days in advance of the
meeting. Last minute requests will be
accepted, but may not be possible to fill.
A limited amount of time will be
available for brief oral comments from
members of the public attending the
meeting. To accommodate as many
speakers as possible, the time for public
comments will be limited to two (2)
minutes per person, with a total public
comment period of 20 minutes.
Individuals wishing to reserve speaking
time during the meeting must contact
Mr. Horne and submit a brief statement
of the general nature of the comments
and the name and address of the
proposed participant by 5:00 p.m. EDT
on Thursday, May 2, 2019. If the
number of registrants requesting to
make statements is greater than can be
reasonably accommodated during the
meeting, ITA may conduct a lottery to
determine the speakers.
Any member of the public may
submit written comments concerning
the CINTAC’s affairs at any time before
and after the meeting. Comments may
be submitted to the Civil Nuclear Trade
Advisory Committee, Office of Energy &
Environmental Industries, Room 28018,
1401 Constitution Ave. NW,
Washington, DC 20230. For
consideration during the meeting, and
to ensure transmission to the Committee
prior to the meeting, comments must be
received no later than 5:00 p.m. EDT on
Thursday, May 2, 2019. Comments
received after that date will be
distributed to the members but may not
be considered at the meeting.
Copies of CINTAC meeting minutes
will be available within 90 days of the
meeting.
Dated: April 15, 2019.
Man Cho,
Deputy Director, Office of Energy and
Environmental Industries.
[FR Doc. 2019–07863 Filed 4–18–19; 8:45 am]
BILLING CODE 3510–DR–P
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Agencies
[Federal Register Volume 84, Number 76 (Friday, April 19, 2019)]
[Notices]
[Pages 16461-16463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07909]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-867]
Large Power Transformers From the Republic of Korea: Final
Results of Antidumping Duty Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Hyosung
Corporation (Hyosung) and Hyundai Heavy Industries Co., Ltd. and
Hyundai Electric & Energy Systems Co. (collectively, Hyundai) made
sales of large power transformers from the Republic of Korea (Korea) at
less than normal value during the period of review (POR) August 1,
2016, through July 31, 2017.
DATES: Applicable April 19, 2019.
FOR FURTHER INFORMATION CONTACT: John Drury (Hyosung) or Joshua DeMoss
(Hyundai), AD/CVD Operations, Office VI, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0195
or (202) 482-3362, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 7, 2018, Commerce published the Preliminary
Results.\1\ A summary of the events that occurred since Commerce
published these preliminary results, as well as a full discussion of
the issues raised by parties for this final determination, may be found
in the Issues and Decision Memorandum, which is hereby adopted by this
notice.\2\
---------------------------------------------------------------------------
\1\ See Large Power Transformers from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2016-
2017, 83 FR 45415 (September 7, 2018) (Preliminary Results).
\2\ See Memorandum to Gary Taverman, Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations, entitled
``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; 2016-2017,'' dated
concurrently with this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
The Issues and Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov and
it is available to all parties 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
at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018, through
the resumption of operations on January 29, 2019.\3\ If the new
deadline falls on a non-business day, in accordance with Commerce's
practice, the deadline will become the next business day. The revised
deadline for the final results of this review is now April 12, 2019.
---------------------------------------------------------------------------
\3\ See memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
---------------------------------------------------------------------------
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. For a complete description of the scope
of the order, see the accompanying Issues and Decision Memorandum.
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. For a list of the issues raised by parties, see the
Appendix to this notice.
[[Page 16462]]
Changes Since the Preliminary Results
Commerce has made no changes to the Preliminary Results with
respect to Hyundai. As stated in the Preliminary Results, we found that
the application of total facts otherwise available with adverse
inferences to Hyundai's weighted-average dumping margin, pursuant to
sections 776(a) and (b) of the Tariff Act of 1930, as amended, (the
Act), was warranted.
Based on our review of the record and comments received from
interested parties, we made certain changes to the margin calculations
for Hyosung. For Hyosung, Commerce has relied on partial adverse facts
available under section 776(a)(1) of the Act with respect to general
and administrative (G&A) expenses, indirect selling expenses, and
document acceptance charges. As a result of these changes, the
weighted-average dumping margin also changes for the three companies
not selected for individual examination.
Final Results of the Review
The final weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Hyosung Corporation......................................... 15.74
Hyundai Heavy Industries Co., Ltd./Hyundai Electric & Energy 60.81
Systems Co., Ltd...........................................
Iljin Electric Co., Ltd..................................... 15.74
Iljin....................................................... 15.74
LSIS Co., Ltd............................................... 15.74
------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice,
in accordance with 19 CFR 351.224(b).
Assessment Rate
The Department shall determine and U.S. Customs and Border
Protection (CBP) shall assess antidumping duties on all appropriate
entries.\4\ 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.
---------------------------------------------------------------------------
\4\ 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).
---------------------------------------------------------------------------
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 will apply the assessment rate to
the entered value of the importer's/customer's entries during the POR.
With regard to Hyosung, as explained in our Issues and Decision
Memorandum, we find that Hyosung has provided sufficient evidence,
based on the totality of the circumstances under Commerce's successor-
in-interest criteria, to demonstrate that Hyosung Heavy Industries
Corporation (HIIC) is the successor-in-interest to Hyosung. After the
publication of these final results, we intend to issue liquidation
instructions covering entries made by Hyosung during the POR at the
rate established in these final results.
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
equal to the weighted-average dumping margins established in the final
results of this administrative review; (2) for merchandise exported by
producers 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 producer is, the cash deposit rate will be the
rate established for the most recently completed segment of this
proceeding for the producer of the subject merchandise; and (4) the
cash deposit rate for all other producers or exporters will continue to
be 22.00 percent, the all-others rate established in the less-than-
fair-value investigation.\5\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\5\ See Large Power Transformers from the Republic of Korea:
Antidumping Duty Order, 77 FR 53177 (August 31, 2012).
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As explained above, we find that Hyosung has provided sufficient
evidence, based on the totality of the circumstances under Commerce's
successor-in-interest criteria, to demonstrate that HIIC is the
successor-in-interest to Hyosung. Accordingly, effective the date of
publication of these final results, we intend to instruct CBP to begin
collecting deposits from HHIC at the rate assigned to Hyosung pursuant
to these final results.
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 Commerce's presumption that
reimbursement of antidumping and/or countervailing duties did occur 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 this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19
[[Page 16463]]
CFR 351.213(h) and 19 CFR 351.221(b)(5).
Dated: April 12, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Application of Adverse Facts Available
VI. Discussion of the Issues
A. Hyundai-Specific Issues
Comment 1: Reliability of Hyundai's Cost Data
Comment 2: Hyundai's Cost Reconciliation
Comment 3: An Adverse Inference is Not Warranted
Comment 4: Moot Issues
B. Hyosung-Specific Issues
Comment 5: Ministerial Errors
Comment 6: Service Related Revenue Capping and Order Acknowledgement
Form
Comment 7: U.S. Indirect Selling and General and Administrative
Expenses
Comment 8: Whether Commerce's Preliminary Results G&A Expense
Adjustment was Appropriate
Comment 9: Variable Overhead Expenses
Comment 10: Costs of Spare Parts
Comment 11: Packing Costs
Comment 12: Scrapped Materials
Comment 13: Product Codes and Home Market Sales
Comment 14: Product Codes and U.S. Sales
Comment 15: Product Codes and ``VOH3B'' Cost Variances
Comment 16: Warranty Expenses
Comment 17: Depreciation Costs
Comment 18: Document Acceptance Charge
Comment 19: Interest Expense Ratio
Comment 20: Brokerage Expenses
Comment 21: Effective Date of the Deposit Rate
Comment 22: Successor in Interest
Comment 23: Cost Variances
Comment 24: Constructed Export Price Offset
Comment 25: Constructed Value for Normal Value
C. General Issues
Comment 26: Rate for Non-selected Respondents
VII. Recommendation
[FR Doc. 2019-07909 Filed 4-18-19; 8:45 am]
BILLING CODE 3510-DS-P