Large Power Transformers From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments, 2019-2020, 49304-49306 [2021-19000]
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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices
date of publication of this notice.16
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than seven days after the time limit for
filing case briefs.17 Commerce modified
certain of its requirements for serving
documents containing business
proprietary information until further
notice.18 Parties who submit case briefs
or rebuttal briefs in this proceeding are
requested to submit with each brief: (1)
A statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.19 Executive
summaries should be limited to five
pages total, including footnotes.20 All
submissions, with limited exceptions,
must be filed electronically using
ACCESS.21 Electronically filed
comments must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS, by 5 p.m.
Eastern Time on the due date.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS. Requests
should contain: (1) The party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in the respective case briefs. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5:00 p.m. Eastern Time
within 14 days after the date of
publication of this notice.22
Consistent with 19 CFR 351.216(e),
Commerce intends to issue the final
results of this CCR no later than 270
days after the date on which this review
was initiated, or within 45 days of
publication of these preliminary results,
if all parties agree to our preliminary
finding.
lotter on DSK11XQN23PROD with NOTICES1
Notification to Interested Parties
This notice is published in
accordance with sections 751(b)(1) and
16 Commerce is exercising its discretion under 19
CFR 351.309(c)(1)(ii) to alter the time limit for the
filing of case briefs.
17 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) (Temporary Rule).
18 See Temporary Rule.
19 See 19 CFR 351.309(c)(2) and (d)(2).
20 Id.
21 See 19 CFR 351.303.
22 Commerce is exercising its discretion under 19
CFR 351.310(c) to alter the time limit for requesting
a hearing.
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17:33 Sep 01, 2021
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777(i) of the Act, and 19 CFR 351.216(b)
and 351.221(c)(3).
Dated: August 30, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Good Cause
V. Successor-In-Interest Determination
VI. Recommendation
[FR Doc. 2021–18992 Filed 9–1–21; 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: Preliminary Results
of Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments, 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) preliminarily finds that
large power transformers from the
Republic of Korea were sold in the
United States at less than normal value
during the period of review (POR),
August 1, 2019, through July 31, 2020.
Interested parties are invited to
comment on these preliminary results.
SUMMARY:
DATES:
Applicable September 2, 2021.
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.
FOR FURTHER INFORMATION CONTACT:
dated concurrently with these results
and hereby adopted by this notice.2
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.
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.3
Methodology
Commerce is conducting this review
in accordance with section 751(a)(2) of
the Tariff Act of 1930, as amended (the
Act). For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Preliminary Determination of No
Shipments
On October 27, 2020, LS Electric Co.,
Ltd. (LS Electric), formerly known as
LSIS Co., Ltd. (LSIS) 4 timely notified
Commerce that it had no exports, sales,
or entries of subject merchandise during
the POR.5 Commerce issued a no
SUPPLEMENTARY INFORMATION:
Background
Commerce initiated this review on
October 6, 2020.1 We selected one
mandatory respondent in this review,
Hyosung Heavy Industries Corporation
(Hyosung). For a more detailed
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum,
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
63082 (October 6, 2020).
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2 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Large Power Transformers
from the Republic of Korea; 2019–2020,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
3 The full text of the scope of the order is
contained in Preliminary Decision Memorandum.
4 Commerce determined that LS Electric is the
successor-in-interest to LSIS. See Large Power
Transformers from the Republic of Korea: Final
Results of Antidumping Duty Administrative
Review, Final Determination of No Shipments, and
Final Successor-in-Interest Determination; 2018–
2019, 86 FR 30915 (June 10, 2021).
5 See LS Electric’s Letter, ‘‘Large Power
Transformers from the Republic of Korea: LS
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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices
deadline date for the submission of case
briefs.10
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.11 Case and rebuttal
briefs should be filed using ACCESS.12
Case and rebuttal briefs must be served
on interested parties.13 Executive
summaries should be limited to five
pages total, including footnotes.
Pursuant to 19 CFR 351.310(c),
Preliminary Results of Review
interested parties who wish to request a
hearing must submit a request to the
We preliminarily determine that, for
Assistant Secretary for Enforcement and
the period August 1, 2018, through July
Compliance within 30 days of the date
31, 2019, the following weightedof publication of this notice. Requests
average dumping margins exist:
should contain: (1) The party’s name,
address and telephone number; (2) the
Weightednumber of participants; (3) whether any
average
participant is a foreign national; and (4)
Producer/exporter
dumping
margin
a list of issues parties intend to discuss.
(percent)
Issues raised in the hearing will be
limited to those raised in the respective
Hyosung Heavy Industries
Corporation .......................
8.85 case and rebuttal briefs. If a request for
a hearing is made, Commerce intends to
Hyundai Electric & Energy
Systems Co., Ltd ..............
8.85 hold the hearing at a time and date to
Iljin Electric Co., Ltd .............
8.85 be determined. Parties should confirm
ILJIN .....................................
8.85 by telephone the date and time of the
hearing two days before the scheduled
date.
Disclosure and Public Comment
Commerce intends to publish the final
Commerce will disclose to parties to
results of this administrative review,
the proceeding any calculations
including the results of its analysis of
performed in connection with these
issues raised in any case or rebuttal
preliminary results of review within five brief, no later than 120 days after
days after the date of publication of this publication of these preliminary results,
notice.8 Interested parties are invited to
unless extended.14
comment on these preliminary results.
Interested parties may submit case briefs Assessment Rates
Upon issuing the final results,
no later than 30 days after the date of
Commerce shall determine, and CBP
publication of this notice.9 Rebuttal
briefs, the content of which is limited to shall assess, antidumping duties on all
the issues raised in the case briefs, must appropriate entries. If the weightedaverage dumping margin for Hyosung is
be filed within seven days from the
not zero or de minimis (i.e., less than
Electric Co., Ltd. (formerly known as LSIS Co., Ltd.) 0.50 percent) in the final results of this
review, we will calculate importerNo Shipment Letter,’’ dated October 27, 2020.
6 See Memorandum, ‘‘shipment inquiry with
specific assessment rates on the basis of
respect to the company below during the period 08/ the ratio of the total amount of dumping
01/2019 through 07/31/2020,’’ dated November 20,
calculated for each importer’s examined
2020.
sales and the total entered value of such
7 See, e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping sales in accordance with 19 CFR
Duty Administrative Review, Partial Rescission of
351.212(b)(1).15 We will instruct CBP to
lotter on DSK11XQN23PROD with NOTICES1
shipment inquiry to U.S. Customs and
Border Protection (CBP), and CBP found
no evidence of shipments from LSIS
during the POR.6 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.7
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); and 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).
8 See 19 CFR 351.224(b).
9 See 19 CFR 351.309(c)(1)(ii).
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17:33 Sep 01, 2021
Jkt 253001
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is above de
minimis (i.e., 0.50 percent). If Hyosung’s
weighted-average dumping margin is
zero or de minimis in the final results
of review, or if an importer-specific
assessment rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.16
In accordance with Commerce’s
‘‘automatic assessment’’ practice,17 for
entries of subject merchandise during
the review period produced by each
respondent for which it did not know its
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate of 22.00 percent established
in the LTFV investigation.18
For the companies which were not
selected for individual review (i.e.,
Hyundai Electric & Energy Systems Co.,
Ltd., Iljin Electric Co., Ltd., and ILJIN),
we will assign an assessment rate based
on the cash deposit rate calculated for
the company selected for mandatory
review (i.e., Hyosung).19 The final
results of this review shall be the basis
for the assessment of antidumping
duties on entries of merchandise
covered by the final results of this
review and for future deposits of
estimated duties, where applicable.20
Consistent with its recent notice,21
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
16 Id.
at 8102–03; see also 19 CFR 351.106(c)(2).
Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
18 See Large Power Transformers from the
Republic of Korea: Final Determination of Sales at
Less Than Fair Value, 77 FR 40857 (July 11, 2012).
19 See section 735(c)(5)(A) of the Act; see also
Preliminary Decision Memorandum at Section VII,
‘‘Rate for Non-Selected Companies.
20 See section 751(a)(2)(C) of the Act.
21 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
17 See
10 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).
11 See 19 CFR 351.309(c)(2).
12 See generally 19 CFR 351.303.
13 See 19 CFR 351.303(f).
14 See section 751(a)(3)(A) of the Act; see also 19
CFR 351.213(h).
15 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103
(February 14, 2012).
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49305
E:\FR\FM\02SEN1.SGM
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49306
Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices
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.22 These cash deposit
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: August 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
lotter on DSK11XQN23PROD with NOTICES1
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
22 See Large Power Transformers from the
Republic of Korea: Antidumping Duty Order, 77 FR
53177 (August 31, 2012).
VerDate Sep<11>2014
17:33 Sep 01, 2021
Jkt 253001
Shipments
VI. Discussion of the Methodology
VII. Rate for Non-Selected Companies
VIII. Recommendation
[FR Doc. 2021–19000 Filed 9–1–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–095]
Aluminum Wire and Cable From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2019–
2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
antidumping duty (AD) order on
aluminum wire and cable from the
People’s Republic of China (China)
covering the period June 5, 2019,
through November 30, 2020. We
preliminarily determine that ICF Cable
and Jin Tiong Electrical Materials
Manufacturer PTE, Limited (Jin Tiong)
are not eligible for a separate rate, and,
therefore, are part of the China-wide
entity. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable September 2, 2021.
FOR FURTHER INFORMATION CONTACT:
Sean Carey, AD/CVD Operations, Office
VII, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3964.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 23, 2019, Commerce
published the AD order on aluminum
wire and cable from China.1 On
February 4, 2021, Commerce initiated
the administrative review of the AD
order on aluminum wire and cable from
China covering the period June 5, 2019,
through November 30, 2020.2 The
petitioners in this proceeding are Encore
Wire Corporation (Encore) and
Southwire Company, LLC (Southwire).3
1 See Aluminum Wire and Cable from the
People’s Republic of China: Antidumping Duty and
Countervailing Duty Orders, 84 FR 70496
(December 23, 2019) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
8166 (February 4, 2021) (Initiation Notice).
3 See Aluminum Wire and Cable from the
People’s Republic of China: Initiation of Less-ThanFair-Value Investigation, 83 FR 52811 (October 18,
2018).
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This review covers two producers or
exporters of subject merchandise: ICF
Cable and Jin Tiong.
On February 10, 2021, Commerce
released U.S. Customs and Border
Protection (CBP) entry data for U.S.
imports of aluminum wire and cable
from China during the POR that were
subject to the Order during the POR.4
Encore, one of the petitioners, submitted
comments on the CBP entry data and
respondent selection on February 17,
2021.5
On July 28, 2021, Commerce
determined that it had erroneously
issued its questionnaire to Jin Tiong 6
(see ‘‘Preliminary Results of
Administrative Review’’ section, below),
and, accordingly, withdrew the
questionnaire and removed it from the
record.7 Jin Tiong objected to
Commerce’s decision to withdraw the
questionnaire on July 30, 2021.8 On
August 5, 2021, Jin Tiong submitted a
section A questionnaire response.
Southwire, one of the petitioners,
submitted comments on August 9, 2021,
requesting Commerce to remove Jin
Tiong’s section A questionnaire
response from the record.9 On August
16, 2021, Commerce rejected Jin Tiong’s
Section A questionnaire and removed it
from the record.10
Scope of the Order
The products covered by this Order
are aluminum wire and cable from
China. For a full description of the
4 See Memorandum, ‘‘Release of U.S. Customs
and Border Protection Data,’’ dated February 10,
2021.
5 See Encore’s Letter, ‘‘Aluminum Wire and Cable
from the People’s Republic of China: Comments on
Customs Data and Respondent Selection,’’ dated
February 17, 2021.
6 See Memorandum, ‘‘Administrative Review of
the Antidumping Duty Order of Aluminum Wire
and Cable from the People’s Republic of China;
2019–2020—Rescission of Questionnaire Issued to
Jin Tiong Electrical Materials Manufacturer PTE,
Limited,’’ dated July 28, 2020.
7 See Memorandum, ‘‘Administrative Review of
the Antidumping Duty Order of Aluminum Wire
and Cable from the People’s Republic of China;
Removal of Questionnaire Issued to Jin Tiong
Electrical Materials Manufacturer PTE, Limited,’’
dated July 29, 2021.
8 See Jin Tiong’s letter, ‘‘Aluminum Wire and
Cable from the People’s Republic of China, A–570–
095; Objection to Withdrawal of Questionnaire,’’
dated July 30, 2021.
9 See Southwire’s Letter, ‘‘Aluminum Wire and
Cable from the People’s Republic of China:
Response to Jin Tiong’s Objection to Withdrawal of
Questionnaire; Request that the Department Reject
Jin Tiong’s Section A Questionnaire Response,’’
dated August 9, 2021.
10 See Memorandum, ‘‘Administrative Review of
the Antidumping Duty Order of Aluminum Wire
and Cable from the People’s Republic of China;
Rejection and Removal of Jin Tiong Electrical
Materials Manufacturer PTE, Limited’s Unsolicited
Section A Questionnaire Response,’’ dated August
16, 2021.
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]]>Agencies
[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49304-49306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19000]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-867]
Large Power Transformers From the Republic of Korea: Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments, 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
large power transformers from the Republic of Korea were sold in the
United States at less than normal value during the period of review
(POR), August 1, 2019, through July 31, 2020. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable September 2, 2021.
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 6, 2020.\1\ We selected
one mandatory respondent in this review, Hyosung Heavy Industries
Corporation (Hyosung). 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.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 63082 (October 6, 2020).
\2\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Large Power
Transformers from the Republic of Korea; 2019-2020,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
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.
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.\3\
---------------------------------------------------------------------------
\3\ 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 Tariff Act of 1930, as amended (the Act). For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
Preliminary Determination of No Shipments
On October 27, 2020, LS Electric Co., Ltd. (LS Electric), formerly
known as LSIS Co., Ltd. (LSIS) \4\ timely notified Commerce that it had
no exports, sales, or entries of subject merchandise during the POR.\5\
Commerce issued a no
[[Page 49305]]
shipment inquiry to U.S. Customs and Border Protection (CBP), and CBP
found no evidence of shipments from LSIS during the POR.\6\ 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.\7\
---------------------------------------------------------------------------
\4\ Commerce determined that LS Electric is the successor-in-
interest to LSIS. See Large Power Transformers from the Republic of
Korea: Final Results of Antidumping Duty Administrative Review,
Final Determination of No Shipments, and Final Successor-in-Interest
Determination; 2018-2019, 86 FR 30915 (June 10, 2021).
\5\ See LS Electric's Letter, ``Large Power Transformers from
the Republic of Korea: LS Electric Co., Ltd. (formerly known as LSIS
Co., Ltd.) No Shipment Letter,'' dated October 27, 2020.
\6\ See Memorandum, ``shipment inquiry with respect to the
company below during the period 08/01/2019 through 07/31/2020,''
dated November 20, 2020.
\7\ 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); and 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 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.................... 8.85
Hyundai Electric & Energy Systems Co., Ltd.............. 8.85
Iljin Electric Co., Ltd................................. 8.85
ILJIN................................................... 8.85
------------------------------------------------------------------------
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.\8\ 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.\9\ 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.\10\
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\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ 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.\11\ Case and rebuttal briefs should be filed using
ACCESS.\12\ Case and rebuttal briefs must be served on interested
parties.\13\ Executive summaries should be limited to five pages total,
including footnotes.
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\11\ See 19 CFR 351.309(c)(2).
\12\ See generally 19 CFR 351.303.
\13\ 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 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.\14\
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\14\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h).
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Assessment Rates
Upon issuing the final results, Commerce shall determine, and CBP
shall assess, antidumping duties on all appropriate entries. If the
weighted-average dumping margin for Hyosung is not zero or de minimis
(i.e., less than 0.50 percent) in the final results of this review, we
will calculate importer-specific assessment rates on the basis of the
ratio of the total amount of dumping calculated for each importer's
examined sales and the total entered value of such sales in accordance
with 19 CFR 351.212(b)(1).\15\ We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific assessment rate calculated in the final
results of this review is above de minimis (i.e., 0.50 percent). If
Hyosung's weighted-average dumping margin is zero or de minimis in the
final results of review, or if an importer-specific assessment rate is
zero or de minimis, Commerce will instruct CBP to liquidate appropriate
entries without regard to antidumping duties.\16\
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\15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\16\ Id. at 8102-03; see also 19 CFR 351.106(c)(2).
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In accordance with Commerce's ``automatic assessment''
practice,\17\ for entries of subject merchandise during the review
period produced by each respondent for which it did not know its
merchandise was destined for the United States, we will instruct CBP to
liquidate unreviewed entries at the all-others rate of 22.00 percent
established in the LTFV investigation.\18\
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\17\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\18\ See Large Power Transformers from the Republic of Korea:
Final Determination of Sales at Less Than Fair Value, 77 FR 40857
(July 11, 2012).
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For the companies which were not selected for individual review
(i.e., Hyundai Electric & Energy Systems Co., Ltd., Iljin Electric Co.,
Ltd., and ILJIN), we will assign an assessment rate based on the cash
deposit rate calculated for the company selected for mandatory review
(i.e., Hyosung).\19\ The final results of this review shall be the
basis for the assessment of antidumping duties on entries of
merchandise covered by the final results of this review and for future
deposits of estimated duties, where applicable.\20\
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\19\ See section 735(c)(5)(A) of the Act; see also Preliminary
Decision Memorandum at Section VII, ``Rate for Non-Selected
Companies.
\20\ See section 751(a)(2)(C) of the Act.
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Consistent with its recent notice,\21\ Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
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\21\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
[[Page 49306]]
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.\22\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\22\ 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: August 27, 2021.
Christian Marsh,
Acting 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. Discussion of the Methodology
VII. Rate for Non-Selected Companies
VIII. Recommendation
[FR Doc. 2021-19000 Filed 9-1-21; 8:45 am]
BILLING CODE 3510-DS-P
