Large Power Transformers From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2017-2018, 21827-21829 [2020-08302]
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Federal Register / Vol. 85, No. 76 / Monday, April 20, 2020 / Notices
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Samantha Kinney, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: 202–482–1766 or
202–482–2285, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 5, 2020, Commerce
published the Preliminary Results in the
Federal Register.1 We invited interested
parties to comment on the Preliminary
Results. No interested parties submitted
comments or a request for a hearing.
Commerce conducted this review in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise covered by this
Order 2 is prestressed concrete steel wire
strand produced from wire of nonstainless, non-galvanized steel, which is
suitable for use in prestressed concrete
(both pre-tensioned and post-tensioned)
applications. The product definition
encompasses covered and uncovered
strand and all types, grades, and
diameters of PC strand. The
merchandise subject to the Order is
currently classifiable under subheadings
7312.10.3010 and 7312.10.3012 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 merchandise
subject to the scope is dispositive.
Changes Since the Preliminary Results
As no parties submitted comments on
the margin calculation methodology
used in the Preliminary Results,
Commerce made no adjustments to that
methodology in the final results of this
review.
jbell on DSKJLSW7X2PROD with NOTICES
Final Results of the Review
In the Preliminary Results, Commerce
determined that SIW did not make sales
of subject merchandise at less than NV
during the POR. As we have not
1 See Prestressed Concrete Steel Wire Strand from
Thailand: Preliminary Results of Antidumping Duty
Administrative Review; 2018, 85 FR 6501 (February
5, 2020) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Prestressed Concrete Steel Wire Strand
from Thailand, 69 FR 4111 (January 28, 2004)
(Order); see also Prestressed Concrete Steel Wire
Strand from Brazil, India, Japan, the Republic of
Korea, Mexico, and Thailand: Continuation of the
Antidumping Duty Finding/Orders and
Countervailing Duty Order, 80 FR 22708 (April 23,
2015).
VerDate Sep<11>2014
18:34 Apr 17, 2020
Jkt 250001
received any information to contradict
our preliminary finding, we continue to
determine in the final results that SIW
did not make sales of subject
merchandise at less than NV during the
POR. Accordingly, Commerce
determines that a weighted-average
dumping margin of 0.00 percent exists
for entries of subject merchandise that
were produced and/or exported by SIW.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
has determined, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with these final results of
administrative review. Because we
calculated a zero margin for SIW in the
final results of this review, we intend to
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.
Commerce intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
final results of review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results of
administrative review for all shipments
of the subject merchandise from
Thailand entered, or withdrawn from
warehouse, for consumption on or after
the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) The
cash deposit rate for SIW will be equal
to zero; (2) for previously investigated
companies not covered in this review
but covered in a completed prior
segment of this proceeding, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the company was
reviewed; (3) if the exporter is not a firm
covered in this review, a previous
review, or the original investigation, but
the producer is, then the cash deposit
rate will be the rate established for the
most recently completed segment of this
proceeding for the producer of subject
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 12.91 percent, the
all-others rate established in the
investigation.3 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
3 See
PO 00000
Order, 69 FR at 4111.
Frm 00006
Fmt 4703
Sfmt 4703
21827
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)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification Regarding 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 or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
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
CFR 351.221(b)(5).
Dated: April 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–08299 Filed 4–17–20; 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; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Hyosung
Heavy Industries Corporation (Hyosung)
and Hyundai Electric & Energy Systems
Co. (Hyundai) made sales of large power
transformers from the Republic of Korea
(Korea) at less than normal value during
AGENCY:
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20APN1
21828
Federal Register / Vol. 85, No. 76 / Monday, April 20, 2020 / Notices
the period of review (POR) August 1,
2017 through July 31, 2018.
DATES: Applicable April 20, 2020.
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 October 17, 2019, Commerce
published the Preliminary Results.1
Commerce published the Amended
Preliminary Results on November 27,
2019, stating that Commerce
preliminarily determined that LSIS Co.,
Ltd (LSIS) had no shipments during the
POR.2 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.3
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. 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.
Scope of the Order
jbell on DSKJLSW7X2PROD with NOTICES
The scope of this order covers large
liquid dielectric power transformers
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
1 See Large Power Transformers from the
Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2017–
2018, 84 FR 55559 (October 17, 2019) (Preliminary
Results).
2 See Large Power Transformers from the
Republic of Korea: Correction to the Preliminary
Results of Antidumping Duty Administrative
Review; 2017–2018, 84 FR 65350 (November 27,
2019) (Amended Preliminary Results).
3 See Memorandum, ‘‘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; 2017–2018,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
VerDate Sep<11>2014
18:34 Apr 17, 2020
Jkt 250001
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.
Final Determination of No Shipments
In the Amended Preliminary Results,
Commerce determined that LSIS had no
shipments of subject merchandise
during the POR.4 As no party
commented on this issue and because
we have not received any information to
contradict our preliminary finding, we
continue to find that LSIS did not have
any shipments of subject merchandise
during the POR and intend to issue
appropriate instructions to U.S.
Customs and Border Protection (CBP)
based on the final results of this review.
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.
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.5 As a
result of these changes, the weightedaverage dumping margin also changes
for the companies not selected for
individual examination.
Final Results of the Review
The final weighted-average dumping
margins are as follows:
4 See
Amended Preliminary Results.
Issues and Decision Memorandum at
Comment 5; see also Analysis of Data Submitted by
Hyosung Corporation in the Final Results of the
2017–2018 Administrative Review of the
Antidumping Duty Order on Large Power
Transformers from the Republic of Korea, dated
April 14, 2020.
5 See
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Producer or exporter
Hyosung Heavy Industries Corporation ...................................
Hyundai Electric & Energy Systems Co., Ltd ..........................
Iljin Electric Co., Ltd ...................
Iljin ..............................................
Weightedaverage
dumping
margin
(percent)
37.42
60.81
37.42
37.42
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
Commerce shall determine, and CBP
shall assess, antidumping duties on all
appropriate entries.6 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),
Commerce 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.
6 In these final results, Commerce 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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Federal Register / Vol. 85, No. 76 / Monday, April 20, 2020 / Notices
As explained in the previous
administrative review of this
proceeding,7 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 Hyosung Heavy
Industries Corporation is the successorin-interest to Hyosung Corporation.
Accordingly, after the publication of
these final results, we intend to issue
liquidation instructions covering entries
made by Hyosung Heavy Industries
Corporation and Hyosung Corporation
during the POR at the rate established
in these final results.8
We intend to issue assessment
instructions directly to CBP 15 days
after publication of the final results of
this review.
Cash Deposit Requirements
jbell on DSKJLSW7X2PROD with NOTICES
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.9 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
7 See Large Power Transformers from the
Republic of Korea: Final Results of Antidumping
Duty Administrative Review; 2016–2017, 84 FR
16461 (April 19, 2019) (LPTs 16–17 Final), and
accompanying Issues and Decision Memorandum
(IDM) at Comment 22.
8 See Issues and Decision Memorandum at
Comment 7.
9 See Large Power Transformers from the
Republic of Korea: Antidumping Duty Order, 77 FR
53177 (August 31, 2012).
VerDate Sep<11>2014
18:34 Apr 17, 2020
Jkt 250001
As explained in the previous
administrative review of this
proceeding,10 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 Hyosung Heavy
Industries Corporation is the successorin-interest to Hyosung Corporation.
Accordingly, we intend to instruct CBP
to continue collecting deposits from
Hyosung Heavy Industries Corporation,
and any entries of merchandise
produced by Hyosung Corporation, at
the rate assigned to Hyosung pursuant
to these final results.11
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 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 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
CFR 351.213(h) and 19 CFR
351.221(b)(5). Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until May 19, 2020, unless
extended.12
10 See
LPTs 16–17 Final IDM at Comment 22.
Issues and Decision Memorandum at
Comment 7.
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006 (March 26, 2020).
11 See
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
21829
Dated: April 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Adverse Facts Available
V. Discussion of the Issues
Hyundai-Specific Issues
Comment 1: Application of AFA
(A) Hyundai’s Completeness Failure at
Verification
(B) Hyundai’s Reporting of Sales
Documentation
(C) Hyundai’s Understatement of its Home
Market Gross Unit Prices
(D) Application of Total AFA
Comment 2: Selection of AFA Rate
Comment 3: Reliability of Hyundai’s Cost
Data
Comment 4: Moot Issue
Hyosung-Specific Issues
Comment 5: Ministerial Errors/Programming
Changes
(A) Revenue Capping in the Home
Market—Indirect Selling Expenses
(B) Installation Revenue
(C) Revenue Capping in the U.S. Market—
Storage Revenue
(D) Other Expenses in the U.S. Market
Comment 6: Warranty Expenses
Comment 7: U.S. Customs and Border
Protection (CBP) Instructions
General Issues
Comment 8: Rate for Non-selected
Respondents
VI. Recommendation
[FR Doc. 2020–08302 Filed 4–17–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–836]
Light-Walled Rectangular Pipe and
Tube From Mexico: Final Results of
Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that sales of lightwalled rectangular pipe and tube
(LWRPT) from Mexico were made at
less than normal value (NV) during the
period August 1, 2017 through July 31,
2018.
DATES: Applicable April 20, 2020.
FOR FURTHER INFORMATION CONTACT:
Samuel Brummitt (Maquilacero) or John
AGENCY:
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]]>Agencies
[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Notices]
[Pages 21827-21829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08302]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-867]
Large Power Transformers From the Republic of Korea: Final
Results of Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Hyosung
Heavy Industries Corporation (Hyosung) and Hyundai Electric & Energy
Systems Co. (Hyundai) made sales of large power transformers from the
Republic of Korea (Korea) at less than normal value during
[[Page 21828]]
the period of review (POR) August 1, 2017 through July 31, 2018.
DATES: Applicable April 20, 2020.
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 October 17, 2019, Commerce published the Preliminary Results.\1\
Commerce published the Amended Preliminary Results on November 27,
2019, stating that Commerce preliminarily determined that LSIS Co., Ltd
(LSIS) had no shipments during the POR.\2\ 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.\3\
---------------------------------------------------------------------------
\1\ See Large Power Transformers from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018, 84 FR 55559 (October 17, 2019) (Preliminary Results).
\2\ See Large Power Transformers from the Republic of Korea:
Correction to the Preliminary Results of Antidumping Duty
Administrative Review; 2017-2018, 84 FR 65350 (November 27, 2019)
(Amended Preliminary Results).
\3\ See Memorandum, ``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; 2017-
2018,'' dated concurrently with, and hereby adopted by, 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. 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.
Scope of the Order
The scope of this order covers large liquid dielectric power
transformers 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.
Final Determination of No Shipments
In the Amended Preliminary Results, Commerce determined that LSIS
had no shipments of subject merchandise during the POR.\4\ As no party
commented on this issue and because we have not received any
information to contradict our preliminary finding, we continue to find
that LSIS did not have any shipments of subject merchandise during the
POR and intend to issue appropriate instructions to U.S. Customs and
Border Protection (CBP) based on the final results of this review.
---------------------------------------------------------------------------
\4\ See Amended Preliminary Results.
---------------------------------------------------------------------------
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.
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.\5\ As a result of these changes, the weighted-average
dumping margin also changes for the companies not selected for
individual examination.
---------------------------------------------------------------------------
\5\ See Issues and Decision Memorandum at Comment 5; see also
Analysis of Data Submitted by Hyosung Corporation in the Final
Results of the 2017-2018 Administrative Review of the Antidumping
Duty Order on Large Power Transformers from the Republic of Korea,
dated April 14, 2020.
---------------------------------------------------------------------------
Final Results of the Review
The final weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Hyosung Heavy Industries Corporation........................ 37.42
Hyundai Electric & Energy Systems Co., Ltd.................. 60.81
Iljin Electric Co., Ltd..................................... 37.42
Iljin....................................................... 37.42
------------------------------------------------------------------------
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
Commerce shall determine, and CBP shall assess, antidumping duties
on all appropriate entries.\6\ 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), Commerce will issue instructions
directly to CBP to assess antidumping duties on appropriate entries.
---------------------------------------------------------------------------
\6\ In these final results, Commerce 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.
[[Page 21829]]
As explained in the previous administrative review of this
proceeding,\7\ 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 Hyosung Heavy
Industries Corporation is the successor-in-interest to Hyosung
Corporation. Accordingly, after the publication of these final results,
we intend to issue liquidation instructions covering entries made by
Hyosung Heavy Industries Corporation and Hyosung Corporation during the
POR at the rate established in these final results.\8\
---------------------------------------------------------------------------
\7\ See Large Power Transformers from the Republic of Korea:
Final Results of Antidumping Duty Administrative Review; 2016-2017,
84 FR 16461 (April 19, 2019) (LPTs 16-17 Final), and accompanying
Issues and Decision Memorandum (IDM) at Comment 22.
\8\ See Issues and Decision Memorandum at Comment 7.
---------------------------------------------------------------------------
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.\9\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\9\ See Large Power Transformers from the Republic of Korea:
Antidumping Duty Order, 77 FR 53177 (August 31, 2012).
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As explained in the previous administrative review of this
proceeding,\10\ 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 Hyosung Heavy
Industries Corporation is the successor-in-interest to Hyosung
Corporation. Accordingly, we intend to instruct CBP to continue
collecting deposits from Hyosung Heavy Industries Corporation, and any
entries of merchandise produced by Hyosung Corporation, at the rate
assigned to Hyosung pursuant to these final results.\11\
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\10\ See LPTs 16-17 Final IDM at Comment 22.
\11\ See Issues and Decision Memorandum at Comment 7.
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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 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 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 CFR 351.213(h) and
19 CFR 351.221(b)(5). Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until May 19, 2020, unless extended.\12\
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\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020).
Dated: April 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Adverse Facts Available
V. Discussion of the Issues
Hyundai-Specific Issues
Comment 1: Application of AFA
(A) Hyundai's Completeness Failure at Verification
(B) Hyundai's Reporting of Sales Documentation
(C) Hyundai's Understatement of its Home Market Gross Unit
Prices
(D) Application of Total AFA
Comment 2: Selection of AFA Rate
Comment 3: Reliability of Hyundai's Cost Data
Comment 4: Moot Issue
Hyosung-Specific Issues
Comment 5: Ministerial Errors/Programming Changes
(A) Revenue Capping in the Home Market--Indirect Selling
Expenses
(B) Installation Revenue
(C) Revenue Capping in the U.S. Market--Storage Revenue
(D) Other Expenses in the U.S. Market
Comment 6: Warranty Expenses
Comment 7: U.S. Customs and Border Protection (CBP) Instructions
General Issues
Comment 8: Rate for Non-selected Respondents
VI. Recommendation
[FR Doc. 2020-08302 Filed 4-17-20; 8:45 am]
BILLING CODE 3510-DS-P
