Large Power Transformers From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review, 2018-2019; Preliminary Determination of No Shipments; and Preliminary Successor-in-Interest Determination, 82439-82441 [2020-27913]
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Federal Register / Vol. 85, No. 244 / Friday, December 18, 2020 / Notices
An electronically filed document
must be received successfully in its
entirety by ACCESS by 5:00 p.m.
Eastern Time on the established
deadline. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.16
Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, no later than 120 days after
the date of publication of this notice,
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(1), unless
this deadline is extended.
Notification to Interested Parties
These preliminary results and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.221(b)(4).
Dated: December 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Partial Rescission of Review
IV. Intent to Rescind Administrative Review,
In Part
V. Rate for Non-Selected Companies Under
Review
VI. Scope of the Order
VII. Use of Facts Otherwise Available and
Application of Adverse Inferences
VIII. Conclusion
[FR Doc. 2020–27950 Filed 12–17–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
United States-Mexico-Canada
Agreement (USMCA), Article 10.12;
Binational Panel Review: Notice of
Request for Panel Review
United States Section, USMCA
Secretariat, International Trade
Administration, Department of
Commerce.
ACTION: Notice of USMCA Request for
Panel Review in the matter of Certain
Softwood Lumber Products from
Canada: Final Affirmative
Countervailing Duty Administrative
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
16 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements); Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19, 85 FR 17006 (March 26, 2020); and
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
VerDate Sep<11>2014
22:22 Dec 17, 2020
Jkt 253001
Review, 2017–2018 (Secretariat File
Number: USA–CDA–2020–10.12–01).
A Request for Panel Review
was filed on behalf of the Government
of Canada, the Government of Alberta,
the Government of British Columbia, the
Government of New Brunswick, the
Government of Ontario, the Government
of Que´bec, Alberta Softwood Lumber
Trade Council (‘‘ASLTC’’), British
Columbia Lumber Trade Council
(‘‘BCLTC’’), Conseil de l’Industrie
forestiere du Que´bec (‘‘CIFQ’’), Ontario
Forest Industries Association (‘‘OFIA’’),
J.D. Irving, Limited (‘‘JDI’’), Resolute FP
Canada Inc. (‘‘Resolute’’), and West
Fraser Mills Ltd. with the United States
Section of the USMCA Secretariat on
December 10, 2020, pursuant to USMCA
Article 10.12. Panel Review was
requested of the U.S. International
Trade Administration’s Final Results of
the Countervailing Duty Administrative
Review (2017–2018) in Certain
Softwood Lumber from Canada, which
was published in the Federal Register
on December 1, 2020 (85 FR 77, 163).
The USMCA Secretariat has assigned
case number USA–CDA–2020–10.12–01
to this request.
FOR FURTHER INFORMATION CONTACT:
Vidya Desai, Acting United States
Secretary, USMCA Secretariat, Room
2061, 1401 Constitution Avenue NW,
Washington, DC 20230, 202–482–5438.
SUPPLEMENTARY INFORMATION: Article
10.12 of Chapter 10 of USMCA provides
a dispute settlement mechanism
involving trade remedy determinations
issued by the Government of the United
States, the Government of Canada, and
the Government of Mexico. Following a
Request for Panel Review, a Binational
Panel is composed to review the trade
remedy determination being challenged
and issue a binding Panel Decision.
There are established USMCA Rules of
Procedure for Article 10.12 (Binational
Panel Reviews), which were adopted by
the three governments for panels
requested pursuant to Article 10.12(2) of
USMCA which requires Requests for
Panel Review to be published in
accordance with Rule 40. For the
complete Rules, please see https://canmex-usa-sec.org/secretariat/agreementaccord-acuerdo/usmca-aceum-tmec/
rules-regles-reglas/article-articlearticulo_10_12.aspx?lang=eng.
The Rules provide that:
(a) A Party or interested person may
challenge the final determination in
whole or in part by filing a Complaint
in accordance with Rule 44 no later than
30 days after the filing of the first
Request for Panel Review (the deadline
for filing a Complaint is January 11,
2021);
SUMMARY:
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82439
(b) A Party, an investigating authority
or other interested person who does not
file a Complaint but who intends to
participate in the panel review shall file
a Notice of Appearance in accordance
with Rule 45 no later than 45 days after
the filing of the first Request for Panel
Review (the deadline for filing a Notice
of Appearance is January 25, 2021);
(c) The panel review will be limited
to the allegations of error of fact or law,
including challenges to the jurisdiction
of the investigating authority, that are
set out in the Complaints filed in the
panel review and to the procedural and
substantive defenses raised in the panel
review.
December 14, 2020.
Vidya Desai,
Acting U.S. Secretary, USMCA Secretariat.
[FR Doc. 2020–27830 Filed 12–17–20; 8:45 am]
BILLING CODE 3510–GT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–867]
Large Power Transformers From the
Republic of Korea: Preliminary Results
of Antidumping Duty Administrative
Review, 2018–2019; Preliminary
Determination of No Shipments; and
Preliminary Successor-in-Interest
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Hyosung Heavy Industries
Corporation (Hyosung) made sales of
subject merchandise at less than normal
value during the period of review (POR),
August 1, 2018 through July 31, 2019.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable December 18, 2020.
FOR FURTHER INFORMATION CONTACT: John
Drury, 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.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce initiated this review on
October 7, 2019.1 We selected one
mandatory respondent in this review,
Hyosung. On April 24, 2020, Commerce
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
53411 (October 7, 2019).
E:\FR\FM\18DEN1.SGM
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82440
Federal Register / Vol. 85, No. 244 / Friday, December 18, 2020 / Notices
exercised its discretion to toll all
deadlines for administrative reviews
conducted pursuant to section 751(a)(1)
of the Tariff Act of 1930, as amended
(the Act), by 50 days.2 Additionally, on
July 21, 2020, Commerce exercised its
discretion to toll the deadlines for all
preliminary and final results in
administrative reviews conducted
pursuant to section 751(a)(1) of the Act,
by a total of 60 days.3 For a more
detailed description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum, dated concurrently with
these results and hereby adopted by this
notice.4
The Preliminary 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 to ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/
index.html. A list of topics discussed in
the Preliminary Decision Memorandum
is attached as an Appendix to this
notice. The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Scope of the Order
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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. This
tariff classification is provided for
convenience and Customs purposes;
however, the written description of the
scope of the order is dispositive.5
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
4 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Large Power Transformers
from the Republic of Korea; 2018–2019’’
(Preliminary Decision Memorandum), dated
concurrently with this notice.
5 The full text of the scope of the order is
contained in Preliminary Decision Memorandum.
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22:22 Dec 17, 2020
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Methodology
Commerce is conducting this review
in accordance with section 751(a)(2) of
the Act. For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Preliminary Determination of No
Shipments
On October 23, 2019, LSIS Co., Ltd
(LSIS) timely notified Commerce that it
had no exports, sales, or entries of
subject merchandise during the POR.6
Commerce issued a no shipment inquiry
to U.S. Customs and Border Protection
(CBP), and CBP found no evidence of
shipments from LSIS during the POR.7
Thus, based on record evidence, we
preliminary determine that LSIS had no
shipments during the POR. Consistent
with Commerce’s practice, we find that
it is not appropriate to rescind the
review with respect to LSIS but, rather,
to complete the review and issue
appropriate instructions to CBP based
on the final results of this review.8
Preliminary Results of Successor-inInterest Analysis
On May 8, 2020, LS Electric Co., Ltd.
(LS Electric) requested that Commerce
initiate a successor-in-interest changed
circumstances review, and also
requested that Commerce combine the
notice of initiation of a changed
circumstances review with the
preliminary results of review.9 LS
Electric stated that changed
circumstances are sufficient to warrant
such a review because LSIS had
changed its name to LS Electric Co.,
Ltd., as of March 25, 2020.10
6 See Letter, ‘‘Large Power Transformers from the
Republic of Korea: LSIS Co., Ltd.’s No Shipment
Letter,’’ dated October 23, 2019.
7 See Memorandum, ‘‘Large Power Transformers
from the Republic of Korea; 2018–2019
Administrative Review: No Shipment Inquiry with
Respect to LSIS,’’ dated November 21, 2019.
8 See, e.g., Certain Frozen Warmwater Shrimp
From Thailand; Preliminary Results of
Antidumping Duty Administrative Review, Partial
Rescission of Review, Preliminary Determination of
No Shipments; 2012–2013, 79 FR 15951, 15952
(March 24, 2014), unchanged in Certain Frozen
Warmwater Shrimp From Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR 51306
(August 28, 2014); Magnesium Metal From the
Russian Federation: Preliminary Results of
Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in
Magnesium Metal From the Russian Federation:
Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
9 See Letter ‘‘Large Power Transformers from the
Republic of Korea: Request for Changed
Circumstances Review Concurrent with
Administrative Review (POR 08/01/2018—07/31/
2019),’’ dated May 8, 2020 (LSIS Request).
10 Id. at 1–2.
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We are not initiating a separate
changed circumstances review, but
instead, evaluating LS Electric’s request
as part of this administrative review.
Based on our analysis of the information
on the record, we preliminarily
determine that LS Electric is the
successor-in-interest to LSIS. See the
Preliminary Decision Memorandum for
further information.
Preliminary Results of Review
We preliminarily determine that, for
the period August 1, 2018 through July
31, 2019, the following weightedaverage dumping margins exist:
Producer/exporter
Hyosung Heavy Industries Corporation ....................................
Hyundai Electric & Energy Systems Co., Ltd ...........................
Iljin Electric Co., Ltd ....................
Iljin ...............................................
Weightedaverage
dumping
margin
(percent)
52.75
52.75
52.75
52.75
Disclosure and Public Comment
Commerce will disclose to parties to
the proceeding any calculations
performed in connection with these
preliminary results of review within five
days after the date of publication of this
notice.11 Interested parties are invited to
comment on these preliminary results.
Interested parties may submit case briefs
no later than 30 days after the date of
publication of this notice.12 Rebuttal
briefs, the content of which is limited to
the issues raised in the case briefs, must
be filed within seven days from the
deadline date for the submission of case
briefs.13
Parties who submit case or rebuttal
briefs in this proceeding are requested
to submit with each argument: (1) a
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.14 Case and rebuttal
briefs should be filed using ACCESS.15
Case and rebuttal briefs must be served
on interested parties.16 Executive
summaries should be limited to five
pages total, including footnotes.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a request to the
Assistant Secretary for Enforcement and
11 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii).
13 See 19 CFR 351.309(d)(1); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
14 See 19 CFR 351.309(c)(2).
15 See, generally, 19 CFR 351.303.
16 See 19 CFR 351.303(f).
12 See
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Federal Register / Vol. 85, No. 244 / Friday, December 18, 2020 / Notices
Compliance within 30 days of the date
of publication of this notice. Requests
should contain: (1) The party’s name,
address and telephone number; (2) the
number of participants; (3) whether any
participant is a foreign national; and (4)
a list of issues parties intend to discuss.
Issues raised in the hearing will be
limited to those raised in the respective
case and rebuttal briefs. If a request for
a hearing is made, Commerce intends to
hold the hearing at a time and date to
be determined. Parties should confirm
by telephone the date and time of the
hearing two days before the scheduled
date.
Commerce intends to publish the final
results of this administrative review,
including the results of its analysis of
issues raised in any case or rebuttal
brief, no later than 120 days after
publication of these preliminary results,
unless extended.17
khammond on DSKJM1Z7X2PROD with NOTICES
Assessment Rates
Upon completion of this
administrative review, Commerce shall
determine, and Customs and Border
Protection (CBP) shall assess,
antidumping duties on all appropriate
entries. If a respondent’s weightedaverage dumping margin is not zero or
de minimis in the final results of this
review and the respondent reported
reliable entered values, we will
calculate importer-specific ad valorem
assessment rates for the merchandise
based on the ratio of the total amount of
dumping calculated for the examined
sales made during the POR to each
importer to the total entered value of
those same sales in accordance with 19
CFR 351.212(b)(1). If the respondent has
not reported reliable entered values, we
will calculate a per-unit assessment rate
for each importer by dividing the total
amount of dumping for the examined
sales made during the POR to that
importer by the total sales quantity
associated with those transactions.
Where an importer-specific ad valorem
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries, without regard to
antidumping duties, in accordance with
19 CFR 351.106(c)(2). If the
respondent’s weighted-average dumping
margin is zero or de minimis in the final
results of review, we will instruct CBP
not to assess duties on any of its entries
in accordance with the Final
Modification for Reviews, i.e., ‘‘{w}here
the weighted-average margin of
dumping for the exporter is determined
17 See section 751(a)(3)(A) of the Act; see also 19
CFR 351.213(h).
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22:22 Dec 17, 2020
Jkt 253001
to be zero or de minimis, no
antidumping duties will be assessed.’’ 18
Regarding entries of subject
merchandise during the POR that were
produced by Hyosung and for which
they did not know that the merchandise
was destined for the United States, we
will instruct CBP to liquidate unreviewed entries at the all-others rate of
22.00 percent, as established in the lessthan-fair-value investigation of the
order, if there is no rate for the
intermediate company(ies) involved in
the transaction.19 For a full discussion
of this matter, see Assessment Policy
Notice.20
We intend to issue liquidation
instructions 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 the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for Hyosung and other
companies listed above will be equal to
the weighted-average dumping margin
established in the final results of this
administrative review; (2) for previously
reviewed or investigated companies not
listed above, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment of this proceeding in
which they were reviewed; (3) if the
exporter is not a firm covered in this
review, a prior review, or in the
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 merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be the all-others rate of 22.00 percent,
the rate established in the investigation
of this proceeding.21 These cash deposit
18 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification for
Reviews).
19 See Large Power Transformers from the
Republic of Korea: Antidumping Duty Order, 77 FR
53177 (August 31, 2012).
20 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment Policy Notice).
21 See Large Power Transformers from the
Republic of Korea: Antidumping Duty Order, 77 FR
53177 (August 31, 2012).
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82441
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a 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 review period. 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 to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: December 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Deadline for Submission of Updated Sales
and Cost Information
IV. Scope of the Order
V. Preliminary Determination of No
Shipments
VI. Preliminary Results of Successor-inInterest Analysis
VII. Discussion of the Methodology
VIII. Rate for Non-Selected Companies
IX. Recommendation
[FR Doc. 2020–27913 Filed 12–17–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Small Business Innovation
Research (SBIR) Program Application
Cover Sheet
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
E:\FR\FM\18DEN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 244 (Friday, December 18, 2020)]
[Notices]
[Pages 82439-82441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27913]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-867]
Large Power Transformers From the Republic of Korea: Preliminary
Results of Antidumping Duty Administrative Review, 2018-2019;
Preliminary Determination of No Shipments; and Preliminary Successor-
in-Interest Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Hyosung Heavy Industries Corporation (Hyosung) made sales of
subject merchandise at less than normal value during the period of
review (POR), August 1, 2018 through July 31, 2019. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable December 18, 2020.
FOR FURTHER INFORMATION CONTACT: John Drury, 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.
SUPPLEMENTARY INFORMATION:
Background
Commerce initiated this review on October 7, 2019.\1\ We selected
one mandatory respondent in this review, Hyosung. On April 24, 2020,
Commerce
[[Page 82440]]
exercised its discretion to toll all deadlines for administrative
reviews conducted pursuant to section 751(a)(1) of the Tariff Act of
1930, as amended (the Act), by 50 days.\2\ Additionally, on July 21,
2020, Commerce exercised its discretion to toll the deadlines for all
preliminary and final results in administrative reviews conducted
pursuant to section 751(a)(1) of the Act, by a total of 60 days.\3\ For
a more detailed description of the events that followed the initiation
of this review, see the Preliminary Decision Memorandum, dated
concurrently with these results and hereby adopted by this notice.\4\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 53411 (October 7, 2019).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\4\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Large Power
Transformers from the Republic of Korea; 2018-2019'' (Preliminary
Decision Memorandum), dated concurrently with this notice.
---------------------------------------------------------------------------
The Preliminary 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 to ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. A list of topics discussed in the
Preliminary Decision Memorandum is attached as an Appendix to this
notice. The signed Preliminary Decision Memorandum and the electronic
versions of the Preliminary 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. This tariff classification is provided for convenience
and Customs purposes; however, the written description of the scope of
the order is dispositive.\5\
---------------------------------------------------------------------------
\5\ The full text of the scope of the order is contained in
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
Preliminary Determination of No Shipments
On October 23, 2019, LSIS Co., Ltd (LSIS) timely notified Commerce
that it had no exports, sales, or entries of subject merchandise during
the POR.\6\ Commerce issued a no shipment inquiry to U.S. Customs and
Border Protection (CBP), and CBP found no evidence of shipments from
LSIS during the POR.\7\ Thus, based on record evidence, we preliminary
determine that LSIS had no shipments during the POR. Consistent with
Commerce's practice, we find that it is not appropriate to rescind the
review with respect to LSIS but, rather, to complete the review and
issue appropriate instructions to CBP based on the final results of
this review.\8\
---------------------------------------------------------------------------
\6\ See Letter, ``Large Power Transformers from the Republic of
Korea: LSIS Co., Ltd.'s No Shipment Letter,'' dated October 23,
2019.
\7\ See Memorandum, ``Large Power Transformers from the Republic
of Korea; 2018-2019 Administrative Review: No Shipment Inquiry with
Respect to LSIS,'' dated November 21, 2019.
\8\ See, e.g., Certain Frozen Warmwater Shrimp From Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp From Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306
(August 28, 2014); Magnesium Metal From the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal From the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
---------------------------------------------------------------------------
Preliminary Results of Successor-in-Interest Analysis
On May 8, 2020, LS Electric Co., Ltd. (LS Electric) requested that
Commerce initiate a successor-in-interest changed circumstances review,
and also requested that Commerce combine the notice of initiation of a
changed circumstances review with the preliminary results of review.\9\
LS Electric stated that changed circumstances are sufficient to warrant
such a review because LSIS had changed its name to LS Electric Co.,
Ltd., as of March 25, 2020.\10\
---------------------------------------------------------------------------
\9\ See Letter ``Large Power Transformers from the Republic of
Korea: Request for Changed Circumstances Review Concurrent with
Administrative Review (POR 08/01/2018--07/31/2019),'' dated May 8,
2020 (LSIS Request).
\10\ Id. at 1-2.
---------------------------------------------------------------------------
We are not initiating a separate changed circumstances review, but
instead, evaluating LS Electric's request as part of this
administrative review. Based on our analysis of the information on the
record, we preliminarily determine that LS Electric is the successor-
in-interest to LSIS. See the Preliminary Decision Memorandum for
further information.
Preliminary Results of Review
We preliminarily determine that, for the period August 1, 2018
through July 31, 2019, the following weighted-average dumping margins
exist:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Hyosung Heavy Industries Corporation......................... 52.75
Hyundai Electric & Energy Systems Co., Ltd................... 52.75
Iljin Electric Co., Ltd...................................... 52.75
Iljin........................................................ 52.75
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce will disclose to parties to the proceeding any
calculations performed in connection with these preliminary results of
review within five days after the date of publication of this
notice.\11\ Interested parties are invited to comment on these
preliminary results. Interested parties may submit case briefs no later
than 30 days after the date of publication of this notice.\12\ Rebuttal
briefs, the content of which is limited to the issues raised in the
case briefs, must be filed within seven days from the deadline date for
the submission of case briefs.\13\
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\11\ See 19 CFR 351.224(b).
\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020).
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Parties who submit case or rebuttal briefs in this proceeding are
requested to submit with each argument: (1) a statement of the issue;
(2) a brief summary of the argument; and (3) a table of
authorities.\14\ Case and rebuttal briefs should be filed using
ACCESS.\15\ Case and rebuttal briefs must be served on interested
parties.\16\ Executive summaries should be limited to five pages total,
including footnotes.
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\14\ See 19 CFR 351.309(c)(2).
\15\ See, generally, 19 CFR 351.303.
\16\ See 19 CFR 351.303(f).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a request to the Assistant Secretary for
Enforcement and
[[Page 82441]]
Compliance within 30 days of the date of publication of this notice.
Requests should contain: (1) The party's name, address and telephone
number; (2) the number of participants; (3) whether any participant is
a foreign national; and (4) a list of issues parties intend to discuss.
Issues raised in the hearing will be limited to those raised in the
respective case and rebuttal briefs. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date and time of
the hearing two days before the scheduled date.
Commerce intends to publish the final results of this
administrative review, including the results of its analysis of issues
raised in any case or rebuttal brief, no later than 120 days after
publication of these preliminary results, unless extended.\17\
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\17\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h).
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Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. If a respondent's
weighted-average dumping margin is not zero or de minimis in the final
results of this review and the respondent reported reliable entered
values, we will calculate importer-specific ad valorem assessment rates
for the merchandise based on the ratio of the total amount of dumping
calculated for the examined sales made during the POR to each importer
to the total entered value of those same sales in accordance with 19
CFR 351.212(b)(1). If the respondent has not reported reliable entered
values, we will calculate a per-unit assessment rate for each importer
by dividing the total amount of dumping for the examined sales made
during the POR to that importer by the total sales quantity associated
with those transactions. Where an importer-specific ad valorem
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries, without regard to antidumping
duties, in accordance with 19 CFR 351.106(c)(2). If the respondent's
weighted-average dumping margin is zero or de minimis in the final
results of review, we will instruct CBP not to assess duties on any of
its entries in accordance with the Final Modification for Reviews,
i.e., ``{w{time} here the weighted-average margin of dumping for the
exporter is determined to be zero or de minimis, no antidumping duties
will be assessed.'' \18\
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\18\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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Regarding entries of subject merchandise during the POR that were
produced by Hyosung and for which they did not know that the
merchandise was destined for the United States, we will instruct CBP to
liquidate un-reviewed entries at the all-others rate of 22.00 percent,
as established in the less-than-fair-value investigation of the order,
if there is no rate for the intermediate company(ies) involved in the
transaction.\19\ For a full discussion of this matter, see Assessment
Policy Notice.\20\
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\19\ See Large Power Transformers from the Republic of Korea:
Antidumping Duty Order, 77 FR 53177 (August 31, 2012).
\20\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
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We intend to issue liquidation instructions 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 the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for Hyosung and
other companies listed above will be equal to the weighted-average
dumping margin established in the final results of this administrative
review; (2) for previously reviewed or investigated companies not
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding in which they were reviewed; (3) if the exporter is not a
firm covered in this review, a prior review, or in the 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 merchandise; and (4) the cash deposit rate for all
other producers or exporters will continue to be the all-others rate of
22.00 percent, the rate established in the investigation of this
proceeding.\21\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\21\ 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
This notice also serves as a 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 review period. 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 to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Deadline for Submission of Updated Sales and Cost Information
IV. Scope of the Order
V. Preliminary Determination of No Shipments
VI. Preliminary Results of Successor-in-Interest Analysis
VII. Discussion of the Methodology
VIII. Rate for Non-Selected Companies
IX. Recommendation
[FR Doc. 2020-27913 Filed 12-17-20; 8:45 am]
BILLING CODE 3510-DS-P
