Large Power Transformers From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2019-2020, 12932-12933 [2022-04888]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Notices]
[Pages 12932-12933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04888]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-867]


Large Power Transformers From the Republic of Korea: Final 
Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that Hyosung 
Heavy Industries Corporation (Hyosung) made sales of large power 
transformers from the Republic of Korea (Korea) at less than normal 
value during the period of review (POR) August 1, 2019, through July 
31, 2020.

DATES: Applicable March 8, 2022.

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

    On September 2, 2021, Commerce published the Preliminary 
Results.\1\ A summary of the events that occurred since Commerce 
published these Preliminary Results, as well as a full discussion of 
the issues raised by parties for these final results, may be found in 
the Issues and Decision Memorandum, which is hereby adopted by this 
notice.\2\
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    \1\ See Large Power Transformers from the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments, 2019-2020, 86 FR 49304 
(September 2, 2021) (Preliminary Results).
    \2\ 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; 2019-
2020,'' dated concurrently with this notice (Issues and Decision 
Memorandum).
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    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://access.trade.gov/public/FRNoticesListLayout.aspx.
    On December 9, 2021, Commerce extended the deadline for these final 
results of review until March 1, 2022.\3\
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    \3\ See Memorandum, ``Large Power Transformers from the Republic 
of Korea: Extension of Deadline for Final Results of Antidumping 
Duty Administrative Review; 2019-2020,'' dated December 9, 2021.
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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 Preliminary Results, Commerce determined that LSIS Co. Ltd. 
(LSIS) had no shipments of subject merchandise during the POR.\4\ 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.
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    \4\ See Preliminary Results.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum. For a list of the issues raised by parties, see the 
Appendix to this notice.

Changes Since the Preliminary Results

    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 subject to this review, 
but not selected for individual examination.
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    \5\ See Issues and Decision Memorandum at Comment 1; see also 
Memorandum, ``Analysis of Data Submitted by Hyosung Corporation in 
the Final Results of the 2019-2020 Administrative Review of the 
Antidumping Duty Order on Large Power Transformers from the Republic 
of Korea,'' dated concurrently with this notice.
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Rates for Non-Selected Respondents

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, Commerce looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in a market 
economy investigation, for guidance when calculating the rate for 
companies which were not selected for individual examination in an 
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of 
the estimated weighted average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .''
    For these final results, we have assigned the rate calculated for 
respondent Hyosung to all of the non-selected respondents, as listed 
below.

Final Results of the Administrative Review

    We determine that the following estimated weighted-average dumping

[[Page 12933]]

margins exist for the period July 1, 2019, through June 30, 2020:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
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Hyosung Heavy Industries Corporation........................        7.92
Hyundai Electric & Energy Systems Co., Ltd..................        7.92
Iljin Electric Co., Ltd.....................................        7.92
Iljin.......................................................        7.92
------------------------------------------------------------------------

Disclosure

    We will disclose the calculations performed to parties in this 
proceeding within five days after the date of the public announcement 
of these final results of review, 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.
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    \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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    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), 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.
    Consistent with its recent notice,\7\ Commerce intends to issue 
appropriate assessment instructions directly 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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    \7\ 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 
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.\8\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \8\ See Large Power Transformers from the Republic of Korea: 
Antidumping Duty Order, 77 FR 53177 (August 31, 2012).
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Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping and/or countervailing duties prior to 
liquidation of the relevant entries during the POR. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping and/or countervailing duties did occur and 
the subsequent assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h) and 
19 CFR 351.221(b)(5).

    Dated: March 1, 2022.
Lisa W. Wang,
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. Final Determination of No Shipments
V. Discussion of the Issues
    A. Hyosung-Specific Issues
    Comment 1: Mis-reported U.S. Sales Service Revenues
    Comment 2: Unreported U.S. Sales Adjustments
    Comment 3: Use of Facts Available
    B. General Issues
    Comment 4: Rate for Non-selected Respondents
VI. Recommendation

[FR Doc. 2022-04888 Filed 3-7-22; 8:45 am]
BILLING CODE 3510-DS-P