Large Power Transformers From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2020-2021, 16236-16238 [2023-05386]
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Federal Register / Vol. 88, No. 51 / Thursday, March 16, 2023 / Notices
The Forest Service, U.S.
Department of Agriculture, is initiating
the Land Management Plan (Plan)
revision process, pursuant to the 2012
Planning Rule and as directed by the
National Forest Management Act, for the
Lolo National Forest located in western
Montana. This process will result in a
revised Land Management Plan which
will guide all resource management
activities on the Lolo National Forest for
approximately 15 years. This notice
announces the initiation of the
assessment phase, the beginning of plan
development, and the preliminary
stages of the plan revision process. The
assessment will identify and consider
relevant and readily accessible material
about ecological, social, and economic
conditions and trends in the planning
area, including best available scientific
information. Trends and conditions
identified in the assessment will then
help describe a need to change the
existing plan and inform the revision of
the Plan.
DATES: In the winter and spring of 2023,
the public has been invited to engage
and participate in the assessment phase
of the revision process. Engagement
opportunities are posted on the Lolo
National Forest Plan Revision website,
located at https://www.fs.usda.gov/goto/
lolo/planrevision. The Lolo National
Forest will conduct consultation with
Tribes as part of the assessment phase
of revision. Information will also be
shared through electronic mailing lists,
social media, and media outlets. If
members of the public are interested in
learning more, please visit the website
listed above and select the link to
subscribe to updates on the Lolo Plan
Revision. The public can also sign up by
sending an email to
SM.FS.LNFRevision@usda.gov. The
Forest Service will produce a draft
assessment for public review and
comment, expected around May 2023.
The Forest Service will review and
incorporate public comments and
additional information from tribal
consultation on the assessment and
produce a final assessment to inform
plan revision for the Lolo National
Forest. The Forest Service may then
initiate procedures pursuant to the
National Environmental Policy Act
(NEPA) to prepare a revised Land
Management Plan.
ADDRESSES: For questions about Land
Management Plan revision or comments
on initiating the assessment phase of
plan revision, please address mail to:
Lolo National Forest Supervisor’s
Office, Attn: Amanda Milburn—Lolo
Plan Revision, 24 Fort Missoula Rd.,
Missoula, MT 59804, or via email to
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SUMMARY:
VerDate Sep<11>2014
19:10 Mar 15, 2023
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SM.FS.LNFRrevision@usda.gov. All
correspondence, including names and
addresses, will be part of the public
record. More information on the
planning process can also be found on
the Lolo Plan Revision website at
https://www.fs.usda.gov/goto/lolo/
planrevision.
FOR FURTHER INFORMATION CONTACT:
Amanda Milburn, Plan Revision Team
Leader, 406–438–6440.
Individuals who use
telecommunication devices for the deaf
and hard of hearing (TDD) may call the
Federal Relay Service (FRS) at 1–800–
877–8339, 24 hours a day, every day of
the year, including holidays.
SUPPLEMENTARY INFORMATION: The
National Forest Management Act
(NFMA) of 1976 requires that the Forest
Service develop a Land and Resource
Management Plan, often called a Forest
Plan, for every national forest. Forest
Plans provide the strategic direction for
management of forest resources and are
amendable as conditions change over
time. The Lolo Forest Plan was adopted
in 1986. This notice announces the start
of the first stage of the plan revision
process, during which updated
information from the public, Tribes,
other government agencies, and nongovernmental parties, will be compiled
into an assessment. Information relevant
to these reports typically includes the
status and trends of ecological, social,
and economic conditions within the
planning area and across the broader
landscape. Federal Regulation 36 CFR
219.6 requires the assessment of (1)
Terrestrial ecosystems, aquatic
ecosystems, and watersheds; (2) Air,
soil, and water resources and quality; (3)
System drivers, including dominant
ecological processes, disturbance
regimes, and stressors, such as natural
succession, wildland fire, invasive
species, and climate change, and the
ability of terrestrial and aquatic
ecosytems in the plan area to adapt to
change; (4) Baseline assessment of
carbon stocks; (5) Threatened,
endangered, proposed, and candidate
species, and potential species of
conservation concern present in the
plan area; (6) Social, cultural, and
economic conditions; (7) Benefits
people obtain from the National Forest
System planning area (ecosystem
services); (8) Multiple uses and their
contributions to local, regional, and
national economies; (9) Recreation
settings, opportunities and access, and
scenic character; (10); Renewable and
nonrenewable energy and mineral
resources; (11) Infrastructure, such as
recreational facilities and transportation
and utility corridors; (12) Areas of tribal
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importance; (13) Cultural and historic
resources and uses; (14) Land status and
ownership and access patterns; and (15)
Existing designated areas located in the
plan area including wilderness and wild
and scenic rivers and potential need and
opportunity for additional designated
areas.
During this assessment phase, the
Forest Service invites other government
agencies, Tribes, non-governmental
parties, and the public to share
information about social, economic, and
environmental conditions of the Lolo
National Forest and the broader
landscape. Existing information about
conditions on the Lolo National Forest,
supplemented with information
gathered through public engagement
and tribal consultation, will be
integrated into final resource
assessments. The Forest Service will
host public outreach forums to share
progress and gather additional
information.
Responsible Official: The responsible
official for the revision of the land and
resource management plan for the Lolo
National Forest is Carolyn Upton, Forest
Supervisor, Lolo National Forest
Supervisor’s Office, 24 Fort Missoula
Road, Missoula, MT 59804, phone 406–
329–3750.
Dated: March 10, 2023.
Troy Heithecker,
Associate Deputy Chief, National Forest
System.
[FR Doc. 2023–05352 Filed 3–15–23; 8:45 am]
BILLING CODE 3411–15–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–867]
Large Power Transformers From the
Republic of Korea: Final Results of
Antidumping Duty Administrative
Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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,
2020, through July 31, 2021.
DATES: Applicable March 16, 2023.
FOR FURTHER INFORMATION CONTACT: John
Drury, AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
AGENCY:
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Federal Register / Vol. 88, No. 51 / Thursday, March 16, 2023 / Notices
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0195.
SUPPLEMENTARY INFORMATION:
Background
On September 13, 2022, Commerce
published the Preliminary Results and
invited interested parties to comment on
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.2
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 January 9, 2023, Commerce
extended the deadline for these final
results of review until March 10, 2023.3
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
ddrumheller on DSK120RN23PROD with NOTICES1
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.
1 See Large Power Transformers from the
Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review, 2020–
2021, 87 FR 55993 (September 13, 2022)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
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; 2020–2021,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
3 See Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review; 2020–2021,’’ dated January 9, 2023.
VerDate Sep<11>2014
19:10 Mar 15, 2023
Jkt 259001
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 for
these final results of review.4 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.
Rates for Non-Selected Respondents
The Act 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}.’’
For these final results, we continue to
calculate a weighted-average dumping
margin for Hyosung that is not zero, de
minimis, or determined entirely on the
basis of facts available. Accordingly, 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 Review
We determine that the following
estimated weighted-average dumping
margins exist for the period August 1,
2020, through July 31, 2021:
4 See
Issues and Decision Memorandum at
Comment 1; see also Memorandum, ‘‘Analysis of
Data Submitted by Hyosung Corporation in the
Final Results of the 2020–2021 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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Fmt 4703
Sfmt 4703
Producer/exporter
Hyosung Heavy Industries Corporation ...................................
Hyundai Electric & Energy Systems Co., Ltd ..........................
Iljin Electric Co., Ltd ...................
Iljin ..............................................
LSIS Co., Ltd ..............................
16237
Estimated
weightedaverage
dumping
margin
(percent)
4.32
4.32
4.32
4.32
4.32
Disclosure
We will disclose the calculations
performed to parties in this proceeding
within five days after the date of
publication in the Federal Register of
these final results of review, in
accordance with 19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review.5 For
Hyosung, we calculated importerspecific 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 importerspecific assessment rates calculated in
the final results are above de minimis
(i.e., at or above 0.5 percent),6
Commerce will issue instructions
directly to CBP to assess antidumping
duties on appropriate entries. Where an
importer-specific assessment rate is zero
or de minimis, the entries by that
importer will be liquidated without
regard to antidumping duties.
For entries of subject merchandise
during the POR produced by Hyosung
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 in the less-than-fair-value
investigation if there is no rate for the
intermediate company(ies) involved in
5 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).
6 See 19 CFR 351.106(c)(2).
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Federal Register / Vol. 88, No. 51 / Thursday, March 16, 2023 / Notices
the transaction.7 For the companies that
were not selected for individual
examination, we will instruct CBP to
liquidate entries at the rates established
in these final results of review.
Commerce intends to issue
appropriate 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).
ddrumheller on DSK120RN23PROD with NOTICES1
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 rates for the
companies subject to this review 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.
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during the POR. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
did occur and the subsequent
assessment of doubled antidumping
duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an administrative
protective order (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 10, 2023.
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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Calculation of Indirect Selling
Expenses (ISE) Incurred in the United
States
Comment 2: Whether Commerce Should
Correct Errors in Reported Expenses for
One Sale
Comment 3: Whether Commerce Should
Apply the Transactions Disregarded Rule
to Certain Hyosung Purchases of
Materials
Comment 4: Rate for Non-Selected
Respondents
VI. Recommendation
[FR Doc. 2023–05386 Filed 3–15–23; 8:45 am]
BILLING CODE 3510–DS–P
Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
8 See Large Power Transformers from the
Republic of Korea: Antidumping Duty Order, 77 FR
53177 (August 31, 2012).
19:10 Mar 15, 2023
Jkt 259001
PO 00000
National Oceanic and Atmospheric
Administration
[RTID 0648–XC839]
North Pacific Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
The North Pacific Fishery
Management Council (Council) and its
advisory committees will meet April 4,
2023, through April 11, 2023.
DATES: The Council’s Scientific and
Statistical Committee (SSC) will begin at
8 a.m. in the Aleutian room on Tuesday,
April 4, 2023, and continue through
Wednesday, April 5, 2023. The
Ecosystem Committee will meet
Tuesday, April 4, 2023, from 8:30 a.m.
to 5 p.m. in the Denali room. The
Enforcement Committee will meet
Tuesday April 4, 2023, from 1 p.m. to
4 p.m. in the Council’s offices. The
Council’s Advisory Panel (AP) will
begin at 8 a.m. in the Denali room on
Wednesday, April 5, 2023, and continue
through Friday, April 7, 2023. The
Council will begin at 8 a.m. in the
Aleutian room on Thursday, April 6,
2023, and continue through Tuesday,
April 11, 2023. All times listed are
Pacific Time.
ADDRESSES:
Meeting address: The meetings will be
a hybrid conference. The in-person
component of the meeting will be held
at the Hilton Hotel, 500 W 3rd Ave.,
Anchorage, AK 99501, or join the
meeting online through the links at
https://www.npfmc.org/upcomingcouncil-meetings.
Council address: North Pacific
Fishery Management Council, 1007 W
3rd Ave., Anchorage, AK 99501–2252;
telephone: (907) 271–2809. Instructions
for attending the meeting via
webconference are given under
Connection Information, below
FOR FURTHER INFORMATION CONTACT:
Diana Evans, Council staff; email:
diana.evans@noaa.gov; telephone: (907)
271–2809. For technical support, please
contact our Council administrative staff,
email: npfmc.admin@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Agenda
7 See
VerDate Sep<11>2014
DEPARTMENT OF COMMERCE
Tuesday, April 4, 2023, Through
Wednesday, April 5, 2023
The SSC agenda will include the
following issues:
Frm 00009
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E:\FR\FM\16MRN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 51 (Thursday, March 16, 2023)]
[Notices]
[Pages 16236-16238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05386]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-867]
Large Power Transformers From the Republic of Korea: Final
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) 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, 2020, through
July 31, 2021.
DATES: Applicable March 16, 2023.
FOR FURTHER INFORMATION CONTACT: John Drury, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
[[Page 16237]]
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-0195.
SUPPLEMENTARY INFORMATION:
Background
On September 13, 2022, Commerce published the Preliminary Results
and invited interested parties to comment on 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.\2\
---------------------------------------------------------------------------
\1\ See Large Power Transformers from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review, 2020-
2021, 87 FR 55993 (September 13, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\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; 2020-
2021,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
The Issues and Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
On January 9, 2023, Commerce extended the deadline for these final
results of review until March 10, 2023.\3\ Commerce conducted this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).
---------------------------------------------------------------------------
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2020-2021,'' dated January
9, 2023.
---------------------------------------------------------------------------
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.
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 for these final results of review.\4\ 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.
---------------------------------------------------------------------------
\4\ See Issues and Decision Memorandum at Comment 1; see also
Memorandum, ``Analysis of Data Submitted by Hyosung Corporation in
the Final Results of the 2020-2021 Administrative Review of the
Antidumping Duty Order on Large Power Transformers from the Republic
of Korea,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Rates for Non-Selected Respondents
The Act 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 continue to calculate a weighted-
average dumping margin for Hyosung that is not zero, de minimis, or
determined entirely on the basis of facts available. Accordingly, 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 Review
We determine that the following estimated weighted-average dumping
margins exist for the period August 1, 2020, through July 31, 2021:
------------------------------------------------------------------------
Estimated
weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Hyosung Heavy Industries Corporation........................ 4.32
Hyundai Electric & Energy Systems Co., Ltd.................. 4.32
Iljin Electric Co., Ltd..................................... 4.32
Iljin....................................................... 4.32
LSIS Co., Ltd............................................... 4.32
------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed to parties in this
proceeding within five days after the date of publication in the
Federal Register of these final results of review, in accordance with
19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.\5\ For Hyosung, 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),\6\ Commerce will
issue instructions directly to CBP to assess antidumping duties on
appropriate entries. Where an importer-specific assessment rate is zero
or de minimis, the entries by that importer will be liquidated without
regard to antidumping duties.
---------------------------------------------------------------------------
\5\ 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).
\6\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
For entries of subject merchandise during the POR produced by
Hyosung 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 in the less-than-fair-value investigation if there
is no rate for the intermediate company(ies) involved in
[[Page 16238]]
the transaction.\7\ For the companies that were not selected for
individual examination, we will instruct CBP to liquidate entries at
the rates established in these final results of review.
---------------------------------------------------------------------------
\7\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Commerce intends to issue appropriate 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
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 rates for the companies subject to this
review 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 duties prior to liquidation of the
relevant entries during the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties did occur and the subsequent assessment of
doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (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 10, 2023.
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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Calculation of Indirect Selling Expenses (ISE)
Incurred in the United States
Comment 2: Whether Commerce Should Correct Errors in Reported
Expenses for One Sale
Comment 3: Whether Commerce Should Apply the Transactions
Disregarded Rule to Certain Hyosung Purchases of Materials
Comment 4: Rate for Non-Selected Respondents
VI. Recommendation
[FR Doc. 2023-05386 Filed 3-15-23; 8:45 am]
BILLING CODE 3510-DS-P
