Large Power Transformers From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review, 2020-2021, 55993-55995 [2022-19768]
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55993
Federal Register / Vol. 87, No. 176 / Tuesday, September 13, 2022 / Notices
TABLE 1—ANNUAL ACS AND PRCS RESPONDENT AND BURDEN HOUR ESTIMATES
Estimated
minutes per
respondent by
data collection
activity
Annual
estimated
burden hours
Data collection operation
Forms or instrument used in data collection
I. ACS Household Questionnaire, Online Survey, Telephone, and Personal Visit.
II. ACS GQ Facility Questionnaire CAPI—
Telephone and Personal Visit.
III. ACS GQ CAPI Personal Interview or Telephone, and Paper Self-response.
IV. ACS Household Reinterview—CATI/CAPI
V. ACS GQ-level Reinterview—CATI/CAPI ....
ACS–1, ACS 1(SP), ACS–1PR, ACS–
1PR(SP), Online Survey, Telephone, CAPI.
CAPI GQFQ ...................................................
3,576,000
40
2,384,000
20,100
15
5,025
CAPI, ACS–1(GQ), ACS–1(GQ)(PR) ............
170,900
25
71,208
ACS HU–RI ....................................................
ACS GQ–RI ....................................................
22,875
1,422
10
10
3,813
237
Totals .......................................................
.........................................................................
3,791,297
N/A
2,464,283
Estimated Total Annual Cost to
Public: $0. (This is not the cost of
respondents’ time, but the indirect costs
respondents may incur for such things
as purchases of specialized software or
hardware needed to report, or
expenditures for accounting or records
maintenance services required
specifically by the collection.)
Respondent’s Obligation: Mandatory.
Legal Authority: Title 13 U.S.C. 141
and 193.
jspears on DSK121TN23PROD with NOTICES
Annual
estimated
number
of respondents
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2022–19705 Filed 9–12–22; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
IV. Request for Comments
[S–161–2022]
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include, or
summarize, each comment in our
request to OMB to approve this ICR.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
Foreign-Trade Zone 98—Birmingham,
Alabama; Application for Subzone BLG
Logistics of Alabama LLC, Northport,
Alabama
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17:30 Sep 12, 2022
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An application has been submitted to
the Foreign-Trade Zones (FTZ) Board by
the City of Birmingham, grantee of FTZ
98, requesting subzone status for the
facility of BLG Logistics of Alabama
LLC, located in Northport, Alabama.
The application was submitted pursuant
to the provisions of the Foreign-Trade
Zones Act, as amended (19 U.S.C. 81a–
81u), and the regulations of the FTZ
Board (15 CFR part 400). It was formally
docketed on September 07, 2022.
The proposed subzone (15.5 acres) is
located at 6801 Fifth Street, Northport,
Alabama. No authorization for
production activity has been requested
at this time. The proposed subzone
would be subject to the existing
activation limit of FTZ 98.
In accordance with the FTZ Board’s
regulations, Christopher Kemp of the
FTZ Staff is designated examiner to
review the application and make
recommendations to the Executive
Secretary.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is
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October 24, 2022. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period to
November 7, 2022.
A copy of the application will be
available for public inspection in the
‘‘Online FTZ Information Section’’
section of the FTZ Board’s website,
which is accessible via www.trade.gov/
ftz.
For further information, contact
Christopher Kemp at
Christopher.Kemp@trade.gov.
Dated: September 7, 2022.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2022–19702 Filed 9–12–22; 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, 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that large power transformers from
the Republic of Korea were not sold in
the United States at less than normal
value during the period of review (POR),
August 1, 2020, through July 31, 2021.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable September 13, 2022.
FOR FURTHER INFORMATION CONTACT: John
Drury, AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
AGENCY:
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55994
Federal Register / Vol. 87, No. 176 / Tuesday, September 13, 2022 / Notices
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0195.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the
antidumping duty order on large power
transformers on August 31, 2012.1
Commerce provided an opportunity to
request an administrative review on
August 2, 2021.2 Between August 17
and 31, 2021, we received requests to
conduct an administrative review from
Hyosung,3 Hyundai,4 ABB Inc. and SPX
Transformer Solutions Inc (the
petitioners),5 and Iljin Electric Co., Ltd.6
Commerce initiated this review on
October 7, 2021.7 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.8
On January 18, 2022, the petitioners
requested the Commerce conduct onsite (or other) verifications of Hyosung.
As provided in section 782(i)(3) of the
Act, Commerce intends to verify the
information relied upon in determining
the final results of review.
Scope of the Order
jspears on DSK121TN23PROD with NOTICES
The scope of this Order covers large
liquid dielectric power transformers
having a top power handling capacity
1 See Large Power Transformers from the
Republic of Korea: Antidumping Duty Order, 77 FR
53177 (August 31, 2012) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 86 FR 41436
(August 2, 2021).
3 See Hyosung’s Letter, ‘‘Large Power
Transformers from the Republic of Korea:
Hyosung’s Request for Administrative Review,’’
dated August 17, 2021.
4 See Hyundai’s Letter, ‘‘Large Power
Transformers from South Korea: Administrative
Review Request,’’ dated August 17, 2021.
5 See the petitioners’ Letter, ‘‘Large Power
Transformers from Republic of Korea—Petitioners’
Request for 2020/2021 Administrative Review,’’
dated August 31, 2021. On January 20, 2022,
counsel for the petitioners filed an amended entry
of appearance, stating that ABB Enterprise Software
Inc. changed its name to Hitachi Energy USA, Inc.
On February 11, 2022, counsel for the petitioners
filed an amended entry of appearance, stating that
SPX Transformer Solutions, Inc. changed its name
to Prolec-GE Waukesha, Inc.
6 See Iljin Electric Co., Ltd.’s Letter,
‘‘Antidumping Order on Large Power Transformers
from Korea—Request for Administrative Review,’’
dated August 31, 2021.
7 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
55811 (October 7, 2021).
8 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Large Power Transformers
from the Republic of Korea; 2020–2021,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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17:30 Sep 12, 2022
Jkt 256001
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.9
2.38 percent from Hyosung to the nonselected companies.
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. A list of the
topics discussed in the Preliminary
Decision Memorandum is included as
the appendix to this notice. The
Preliminary Decision Memorandum is a
public document and is made available
to the public 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 Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Hyosung Heavy Industries Corporation ...................................
Hyundai Electric & Energy Systems Co., Ltd ..........................
Iljin Electric Co., Ltd ...................
ILJIN ...........................................
LSIS Co., Ltd.10 ..........................
Rate 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 or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’ Hyosung is the
only mandatory respondent.
Accordingly, we have applied a rate of
9 The full text of the scope of the Order is
contained in Preliminary Decision Memorandum.
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Sfmt 4703
Preliminary Results of Review
We preliminarily determine that, for
the period August 1, 2020, through July
31, 2021, the following weightedaverage dumping margins exist:
Producer/exporter
Weightedaverage
dumping
margin
(percent)
2.38
2.38
2.38
2.38
2.38
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties in this
administrative review within five days
after public announcement of the
preliminary results, in accordance with
19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c)(1)(ii),
interested parties may submit case briefs
according to the timeline Commerce
establishes after the issuance of the final
verification report. Rebuttal briefs,
limited to issues raised in the case
briefs, may be filed not later than seven
days after the date for filing case
briefs.11 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.12
Parties who submit case briefs or
rebuttal briefs in this administrative
review are encouraged to submit with
each argument: (1) a statement of the
issue; (2) a brief summary of the
argument; and (3) a table of
authorities.13
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
10 Commerce determined that LS Electric Co., Ltd.
is the successor-in-interest to LSIS Co., Ltd. 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).
11 See 19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19, 85 FR 17006, 17007 (March 26, 2020)
(‘‘To provide adequate time for release of case briefs
via ACCESS, E&C intends to schedule the due date
for all rebuttal briefs to be 7 days after case briefs
are filed (while these modifications remain in
effect).’’)
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
13 See 19 CFR 351.303 (for general filing
requirements).
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Federal Register / Vol. 87, No. 176 / Tuesday, September 13, 2022 / Notices
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 30 days after the date of
publication of this notice.14
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
no later than 120 days after the date of
publication of this notice, unless
extended, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuing the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries. If the weightedaverage 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 importerspecific 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
In accordance with Commerce’s
‘‘automatic assessment’’ practice,17 for
14 See
19 CFR 351.310(c).
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., 77 FR at 8102–03; see also 19 CFR
351.106(c)(2).
17 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
jspears on DSK121TN23PROD with NOTICES
15 See
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17:30 Sep 12, 2022
Jkt 256001
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 investigation.18
For the companies which were not
selected for individual review (i.e.,
Hyundai Electric & Energy Systems Co.,
Ltd., Iljin Electric Co., Ltd., ILJIN, and
LSIS Co., Ltd.), 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
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). The final
results of this administrative review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise under review and for
future cash deposits of estimated
antidumping duties, where applicable.
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
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.
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Sfmt 9990
55995
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.
Notification to Importers
This notice serves as a preliminary
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
Commerce is issuing and publishing
this notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, 19
CFR 351.213(h)(2), and 19 CFR
351.221(b)(4).
Dated: August 31, 2022.
Lisa W. Wang,
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. Discussion of the Methodology
VI. Rate for Non-Selected Companies
VII. Recommendation
[FR Doc. 2022–19768 Filed 9–12–22; 8:45 am]
BILLING CODE 3510–DS–P
21 See Large Power Transformers from the
Republic of Korea: Antidumping Duty Order, 77 FR
53177 (August 31, 2012).
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]]>Agencies
[Federal Register Volume 87, Number 176 (Tuesday, September 13, 2022)]
[Notices]
[Pages 55993-55995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19768]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-867]
Large Power Transformers From the Republic of Korea: Preliminary
Results of Antidumping Duty Administrative Review, 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that large power transformers from the Republic of Korea were not sold
in the United States at less than normal value during the period of
review (POR), August 1, 2020, through July 31, 2021. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable September 13, 2022.
FOR FURTHER INFORMATION CONTACT: John Drury, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401
[[Page 55994]]
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
0195.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the antidumping duty order on large power
transformers on August 31, 2012.\1\ Commerce provided an opportunity to
request an administrative review on August 2, 2021.\2\ Between August
17 and 31, 2021, we received requests to conduct an administrative
review from Hyosung,\3\ Hyundai,\4\ ABB Inc. and SPX Transformer
Solutions Inc (the petitioners),\5\ and Iljin Electric Co., Ltd.\6\
---------------------------------------------------------------------------
\1\ See Large Power Transformers from the Republic of Korea:
Antidumping Duty Order, 77 FR 53177 (August 31, 2012) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 41436 (August 2, 2021).
\3\ See Hyosung's Letter, ``Large Power Transformers from the
Republic of Korea: Hyosung's Request for Administrative Review,''
dated August 17, 2021.
\4\ See Hyundai's Letter, ``Large Power Transformers from South
Korea: Administrative Review Request,'' dated August 17, 2021.
\5\ See the petitioners' Letter, ``Large Power Transformers from
Republic of Korea--Petitioners' Request for 2020/2021 Administrative
Review,'' dated August 31, 2021. On January 20, 2022, counsel for
the petitioners filed an amended entry of appearance, stating that
ABB Enterprise Software Inc. changed its name to Hitachi Energy USA,
Inc. On February 11, 2022, counsel for the petitioners filed an
amended entry of appearance, stating that SPX Transformer Solutions,
Inc. changed its name to Prolec-GE Waukesha, Inc.
\6\ See Iljin Electric Co., Ltd.'s Letter, ``Antidumping Order
on Large Power Transformers from Korea--Request for Administrative
Review,'' dated August 31, 2021.
---------------------------------------------------------------------------
Commerce initiated this review on October 7, 2021.\7\ 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.\8\
---------------------------------------------------------------------------
\7\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 55811 (October 7, 2021).
\8\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Large Power
Transformers from the Republic of Korea; 2020-2021,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
On January 18, 2022, the petitioners requested the Commerce conduct
on-site (or other) verifications of Hyosung. As provided in section
782(i)(3) of the Act, Commerce intends to verify the information relied
upon in determining the final results of review.
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.\9\
---------------------------------------------------------------------------
\9\ 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. A list of the topics discussed in the
Preliminary Decision Memorandum is included as the appendix to this
notice. The Preliminary Decision Memorandum is a public document and is
made available to the public 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 Preliminary
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Rate 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
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .'' Hyosung is the only mandatory
respondent. Accordingly, we have applied a rate of 2.38 percent from
Hyosung to the non-selected companies.
Preliminary Results of Review
We preliminarily determine that, for the period August 1, 2020,
through July 31, 2021, the following weighted-average dumping margins
exist:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Hyosung Heavy Industries Corporation........................ 2.38
Hyundai Electric & Energy Systems Co., Ltd.................. 2.38
Iljin Electric Co., Ltd..................................... 2.38
ILJIN....................................................... 2.38
LSIS Co., Ltd.\10\.......................................... 2.38
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
administrative review within five days after public announcement of the
preliminary results, in accordance with 19 CFR 351.224(b).
---------------------------------------------------------------------------
\10\ Commerce determined that LS Electric Co., Ltd. is the
successor-in-interest to LSIS Co., Ltd. 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).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs according to the timeline Commerce establishes after the
issuance of the final verification report. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than seven
days after the date for filing case briefs.\11\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\12\
Parties who submit case briefs or rebuttal briefs in this
administrative review are encouraged to submit with each argument: (1)
a statement of the issue; (2) a brief summary of the argument; and (3)
a table of authorities.\13\
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\11\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'')
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\13\ See 19 CFR 351.303 (for general filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a
[[Page 55995]]
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 30 days after the date of publication of this
notice.\14\
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\14\ See 19 CFR 351.310(c).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, no later than 120 days after the date of
publication of this notice, unless extended, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuing the final results, Commerce shall determine, and U.S.
Customs and Border Protection (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., 77 FR 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 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., ILJIN, and LSIS Co., Ltd.), 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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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). The final results of this administrative
review shall be the basis for the assessment of antidumping duties on
entries of merchandise under review and for future cash deposits of
estimated antidumping duties, where applicable.
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 serves as a preliminary 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
Commerce is issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h)(2), and
19 CFR 351.221(b)(4).
Dated: August 31, 2022.
Lisa W. Wang,
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. Discussion of the Methodology
VI. Rate for Non-Selected Companies
VII. Recommendation
[FR Doc. 2022-19768 Filed 9-12-22; 8:45 am]
BILLING CODE 3510-DS-P
