80 FR 35628 - Large Power Transformers From the Republic of Korea: Second Amended Final Results of Antidumping Duty Administrative Review; 2012-2013
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 119 (June 22, 2015)
International Trade Administration
Federal Register Volume 80, Issue 119 (June 22, 2015)
| Page Range | 35628-35630 | |
| FR Document | 2015-15312 |
[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)] [Notices] [Pages 35628-35630] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15312] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-867] Large Power Transformers From the Republic of Korea: Second Amended Final Results of Antidumping Duty Administrative Review; 2012- 2013 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is amending its amended final results in the administrative review of the antidumping duty order on large power transformers from the Republic of Korea (Korea) for the period February 16, 2012, through July 31, 2013, to correct certain ministerial errors. DATES: Effective date June 22, 2015. FOR FURTHER INFORMATION CONTACT: Brian Davis (Hyosung) or David Cordell (Hyundai), AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-7924 or (202) 482-0408, respectively. SUPPLEMENTARY INFORMATION: Background On May 6, 2015, the Department published its amended final results in the administrative review of the antidumping duty order on large power transformers from Korea.\1\ On May 5, 2015,\2\ Hyundai Heavy Industries Co., Ltd. (HHI) and Hyundai Corporation, USA (Hyundai USA) (collectively, Hyundai) submitted a timely ministerial error allegation with respect to the programming language used in the Amended Final Results.\3\ No other party commented on this allegation. Based on our analysis of this allegation, we made changes to the calculation of the weighted-average dumping margins for Hyundai, Hyosung and for the non- individually examined respondents. --------------------------------------------------------------------------- \1\ See Large Power Transformers From the Republic of Korea: Amended Final Results of Antidumping Duty Administrative Review; 2012-2013, 80 FR 26001 (May 6, 2015) (Amended Final Results). \2\ May 5, 2015, was within 5 days of disclosure of the Department's calculations to all interested parties. \3\ See Letter from Hyundai to the Department, ``Antidumping Administrative Review of Large Power Transformers from Korea-- Ministerial Error Comments on the Amended Final Results of the First Antidumping Duty Administrative Review'' dated May 5, 2015. --------------------------------------------------------------------------- Scope of the Order The scope of this order covers large liquid dielectric power transformers (LPTs) 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. Incomplete LPTs are subassemblies consisting of the active part and any other parts attached to, imported with or invoiced with the active parts of LPTs. The ``active part'' of the transformer consists of one or more of the following when attached to or otherwise assembled with one another: The steel core or shell, the windings, electrical [[Page 35629]] insulation between the windings, the mechanical frame for an LPT. The product definition encompasses all such LPTs regardless of name designation, including but not limited to step-up transformers, step- down transformers, autotransformers, interconnection transformers, voltage regulator transformers, rectifier transformers, and power rectifier transformers. The LPTs subject to this order are currently classifiable under subheadings 8504.23.0040, 8504.23.0080 and 8504.90.9540 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Ministerial Error Section 751(h) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.224(f) define a ``ministerial error'' as an error ``in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.'' We agree with Hyundai that in the Department's amended final Margin Program, the Department erred by inadvertently removing the commission offset from the Margin Program. However, for reasons outlined in the accompanying ministerial error memorandum and in the calculation memoranda,\4\ the Department does not agree with Hyundai's suggested programming changes because it would revert the program back to the program used in the final results, which the Department determined to be incorrect in its amended final. As we explain in the Ministerial Error Memorandum and company-specific analysis memoranda, we continue to find that CEPOTHER is meant to capture any other CEP (incurred in the U.S.) direct selling, further manufacturing, etc. However, we agree that by including commissions in the CEPOTHER field we inadvertently failed to account for the commission offset as we originally intended (and did) in the preliminary and final results. We are therefore making changes to the Margin Program and the Macros Program to account for the error. We find that we made an inadvertent error in not accounting for the commission offset, and therefore, are correcting and amending the amended final results of review in accordance with section 751(h) of the Act and 19 CFR 351.224(e). --------------------------------------------------------------------------- \4\ See Memoranda entitled ``Second Amended Final Results of the Antidumping Duty Administrative Review of Large Power Transformers From the Republic of Korea; 2012-2013: Allegations of Ministerial Errors'' (Ministerial Error Memorandum); ``Analysis of Data Submitted by Hyosung Corporation in the Second Amended Final Results of the Antidumping Duty Administrative Review of Large Power Transformers From the Republic of Korea; 2012-2013''; and ``Analysis of Data Submitted by Hyundai Heavy Industries Co., Ltd. (HHI) and Hyundai Corporation, USA (Hyundai USA) (collectively, Hyundai) in the Second Amended Final Results of the Antidumping Duty Administrative Review of Large Power Transformers From the Republic of Korea; 2012-2013,'' dated concurrently with this notice. --------------------------------------------------------------------------- Amended Final Results of the Review The Department determines that the following amended weighted- average dumping margins exist for the period February 16, 2012, through July 31, 2013: ------------------------------------------------------------------------ Weighted- average Manufacturer/exporter margin (percent) ------------------------------------------------------------------------ Hyosung Corporation........................................ 8.23 Hyundai Heavy Industries Co., Ltd.......................... 12.36 ILJIN Electric Co., Ltd.................................... 10.54 ILJIN...................................................... 10.54 LSIS Co., Ltd.............................................. 10.54 ------------------------------------------------------------------------ Duty Assessment The Department shall determine and U.S. Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries.\5\ 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 amended final results of this administrative review, if any importer-specific assessment rates calculated in the amended final results are above de minimis (i.e., at or above 0.5 percent), the Department will issue instructions directly to CBP to assess antidumping duties on appropriate entries. --------------------------------------------------------------------------- \5\ In these final results, the Department 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). --------------------------------------------------------------------------- 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), for each respondent 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 apply the assessment rate to the entered value of the importer's/customer's entries during the review period. The Department clarified its ``automatic assessment'' regulation on May 6, 2003.\6\ This clarification will apply to entries of subject merchandise during the period of review (POR) produced by the respondent for which it did not know its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion of this clarification, see the Automatic Assessment Clarification. --------------------------------------------------------------------------- \6\ See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Automatic Assessment Clarification). --------------------------------------------------------------------------- We do not intend to issue assessment instructions to CBP at this time because of the preliminary injunction that was issued after the issuance of the Final Results. See CBP Message Number 5111304. We intend to issue assessment instructions directly to CBP after conclusion of the litigation and the ending of the injunction. Cash Deposit Instructions 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 amended final results, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for respondents noted above will be the rate established in the Amended Final Results of this administrative review; (2) for merchandise exported by manufacturers 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 manufacturer is, the cash deposit rate will be the rate established for the most [[Page 35630]] recently completed segment of this proceeding for the manufacturer of the subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 22.00 percent, the all- others rate established in the antidumping investigation.\7\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \7\ See Large Power Transformers From the Republic of Korea: Antidumping Duty Order, 77 FR 53177 (August 31, 2012). --------------------------------------------------------------------------- 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 the Department's presumption that reimbursement of antidumping and/or countervailing duties occurred 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 these amended final results in accordance with section 751(h) of the Act and 19 CFR 351.224(f). Dated: June 15, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-15312 Filed 6-19-15; 8:45 am] BILLING CODE 3510-DS-P
![35628 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Notices
Background: The Travel Promotion Those selected for the Board must be antidumping duty order on large power
Act of 2009 (TPA) was signed into law able to meet the time and effort transformers from the Republic of Korea
by President Obama on March 4, 2010. commitments of the Board. (Korea) for the period February 16,
The TPA established the Corporation for Board members serve at the discretion 2012, through July 31, 2013, to correct
Travel Promotion (the Corporation), as a of the Secretary of Commerce (who may certain ministerial errors.
non-profit corporation charged with the remove any member of the Board for DATES: Effective date June 22, 2015.
development and execution of a plan to good cause). The terms of office of each FOR FURTHER INFORMATION CONTACT:
(A) provide useful information to those member of the Board appointed by the Brian Davis (Hyosung) or David Cordell
interested in traveling to the United Secretary shall be 3 years. Board (Hyundai), AD/CVD Operations, Office
States; (B) identify and address members can serve a maximum of two VI, Enforcement and Compliance,
perceptions regarding U.S. entry consecutive full three-year terms. Board International Trade Administration,
policies; (C) maximize economic and members are not considered Federal U.S. Department of Commerce, 14th
diplomatic benefits of travel to the government employees by virtue of their Street and Constitution Avenue NW.,
United States through the use of various service as a member of the Board and Washington, DC 20230; telephone: (202)
promotional tools; (D) ensure that will receive no compensation from the 482–7924 or (202) 482–0408,
international travel benefits all States Federal government for their
and the District of Columbia, and (E) respectively.
participation in Board activities.
identify opportunities to promote Members participating in Board SUPPLEMENTARY INFORMATION:
tourism to rural and urban areas meetings and events may be paid actual Background
equally, including areas not travel expenses and per diem when
traditionally visited by international away from their usual places of On May 6, 2015, the Department
travelers. residence by the Corporation. published its amended final results in
The Corporation is governed by a To be considered for appointment, the administrative review of the
Board of Directors, consisting of 11 please provide the following: antidumping duty order on large power
members with knowledge of 1. Name, title, and personal resume of transformers from Korea.1 On May 5,
international travel promotion or the individual requesting consideration, 2015,2 Hyundai Heavy Industries Co.,
marketing, broadly representing various including address, email address and Ltd. (HHI) and Hyundai Corporation,
regions of the United States. The TPA phone number; and USA (Hyundai USA) (collectively,
directs the Secretary of Commerce (after 2. A brief statement of why the person Hyundai) submitted a timely ministerial
consultation with the Secretary of should be considered for appointment error allegation with respect to the
Homeland Security and the Secretary of to the Board. This statement should also programming language used in the
State) to appoint the Board of Directors address the individual’s relevant Amended Final Results.3 No other party
for the Corporation. international travel and tourism commented on this allegation. Based on
At this time, the Department will be our analysis of this allegation, we made
marketing experience and indicate
selecting three individuals with the changes to the calculation of the
clearly the sector or sectors enumerated
appropriate expertise and experience weighted-average dumping margins for
above in which the individual has the
from specific sectors of the travel and Hyundai, Hyosung and for the non-
requisite expertise and experience.
tourism industry to serve on the Board individually examined respondents.
Individuals who have the requisite
as follows:
(A) 1 shall have appropriate expertise expertise and experience in more than Scope of the Order
and experience in a city convention and one sector can be appointed for only one
of those sectors. Appointments of The scope of this order covers large
visitors’ bureau; liquid dielectric power transformers
(B) 1 shall have appropriate expertise members to the Board will be made by
the Secretary of Commerce. (LPTs) having a top power handling
and experience in the restaurant capacity greater than or equal to 60,000
industry; and Dated: June 17, 2015. kilovolt amperes (60 megavolt amperes),
(C) 1 shall have appropriate expertise Julie P. Heizer whether assembled or unassembled,
and experience as an official in a State Deputy Director, National Travel and Tourism complete or incomplete.
tourism office. Office. Incomplete LPTs are subassemblies
To be eligible for Board membership, [FR Doc. 2015–15239 Filed 6–19–15; 8:45 am] consisting of the active part and any
individuals must have international BILLING CODE 3510–DR–P other parts attached to, imported with or
travel and tourism marketing invoiced with the active parts of LPTs.
experience, be a current or former chief The ‘‘active part’’ of the transformer
executive officer, chief financial officer, DEPARTMENT OF COMMERCE consists of one or more of the following
or chief marketing officer or have held when attached to or otherwise
an equivalent management position. International Trade Administration assembled with one another: The steel
Additional consideration will be given core or shell, the windings, electrical
to individuals who have experience [A–580–867]
working in U.S. multinational entities Large Power Transformers From the 1 See Large Power Transformers From the
with marketing budgets, and who are Republic of Korea: Second Amended Republic of Korea: Amended Final Results of
audit committee financial experts as Final Results of Antidumping Duty Antidumping Duty Administrative Review; 2012–
defined by the Securities and Exchange 2013, 80 FR 26001 (May 6, 2015) (Amended Final
Administrative Review; 2012–2013 Results).
Commission (in accordance with section 2 May 5, 2015, was within 5 days of disclosure of
tkelley on DSK3SPTVN1PROD with NOTICES
407 of Pub. L. 107–204 [15 U.S.C. AGENCY: Enforcement and Compliance, the Department’s calculations to all interested
7265]). Individuals must be U.S. International Trade Administration, parties.
citizens, and in addition, cannot be Department of Commerce. 3 See Letter from Hyundai to the Department,
federally registered lobbyists or SUMMARY: The Department of Commerce ‘‘Antidumping Administrative Review of Large
Power Transformers from Korea—Ministerial Error
registered as a foreign agent under the (the Department) is amending its Comments on the Amended Final Results of the
Foreign Agents Registration Act of 1938, amended final results in the First Antidumping Duty Administrative Review’’
as amended. administrative review of the dated May 5, 2015.
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![35630 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Notices
recently completed segment of this DEPARTMENT OF COMMERCE Cooperative. The plans should be
proceeding for the manufacturer of the designed not just to accommodate the
subject merchandise; and (4) the cash National Oceanic and Atmospheric revised hard caps, but to bring savings
deposit rate for all other manufacturers Administration to levels below the hard cap.
or exporters will continue to be 22.00
Proposed Information Collection; II. Method of Collection
percent, the all-others rate established
Comment Request; Progress Report
in the antidumping investigation.7 Respondents have a choice of either
on Cooperative Halibut Prohibited
These cash deposit requirements, when Species Catch Minimization electronic or paper forms. Methods of
imposed, shall remain in effect until submittal include email of electronic
further notice. AGENCY: National Oceanic and forms, and mail and facsimile
Atmospheric Administration (NOAA), transmission of paper forms.
Notification to Importers Regarding the Commerce.
Reimbursement of Duties ACTION: Notice. III. Data
This notice also serves as a final SUMMARY: The Department of OMB Control Number: 0648–0697.
reminder to importers of their Commerce, as part of its continuing Form Number: None.
responsibility under 19 CFR 351.402(f) effort to reduce paperwork and
to file a certificate regarding the Type of Review: Regular submission
respondent burden, invites the general
reimbursement of antidumping and/or public and other Federal agencies to (revision of an existing information
countervailing duties prior to take this opportunity to comment on collection).
liquidation of the relevant entries proposed and/or continuing information Affected Public: Business or other for-
during the POR. Failure to comply with collections, as required by the profit organizations.
this requirement could result in the Paperwork Reduction Act of 1995. Estimated Number of Respondents: 8.
Department’s presumption that DATES: Written comments must be
Estimated Time per Response: 40
reimbursement of antidumping and/or submitted on or before August 21, 2015.
hours for BSAI Halibut Bycatch
countervailing duties occurred and the ADDRESSES: Direct all written comments
Avoidance Progress report; 12 hours for
subsequent assessment of doubled to Jennifer Jessup, Departmental
Amendment 80 Halibut PSC
antidumping duties. Paperwork Clearance Officer,
Management Plan.
Department of Commerce, Room 6616,
Administrative Protective Order 14th and Constitution Avenue NW., Estimated Total Annual Burden
This notice also serves as a reminder Washington, DC 20230 (or via the Hours: 264 hours.
to parties subject to administrative Internet at JJessup@doc.gov). Estimated Total Annual Cost to
protective orders (APO) of their FOR FURTHER INFORMATION CONTACT: Public: $4 in recordkeeping/reporting
responsibility concerning the return or Requests for additional information or costs.
destruction of proprietary information copies of the information collection
instrument and instructions should be IV. Request for Comments
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which directed to Patsy A. Bearden, (907) 586– Comments are invited on: (a) Whether
continues to govern business 7008 or Patsy.Bearden@noaa.gov.
the proposed collection of information
proprietary information in this segment SUPPLEMENTARY INFORMATION:
is necessary for the proper performance
of the proceeding. Timely written I. Abstract of the functions of the agency, including
notification of the return/destruction of This request is for revision of an whether the information shall have
APO materials, or conversion to judicial existing information collection. practical utility; (b) the accuracy of the
protective order, is hereby requested. The purpose of this collection is for agency’s estimate of the burden
Failure to comply with the regulations each sector in the Bering Sea and (including hours and cost) of the
and the terms of an APO is a Aleutian Islands Management Area proposed collection of information; (c)
sanctionable violation. (BSAI) groundfish fisheries to inform ways to enhance the quality, utility, and
the North Pacific Fisheries Management clarity of the information to be
Notification to Interested Parties
Council (Council) of their progress on collected; and (d) ways to minimize the
We are issuing and publishing these voluntary, non-regulatory methods they burden of the collection of information
amended final results in accordance are using within their fishery on respondents, including through the
with section 751(h) of the Act and 19 cooperatives to reduce halibut mortality use of automated collection techniques
CFR 351.224(f). and to report the effectiveness of those or other forms of information
actions in absolute reductions in halibut technology.
Dated: June 15, 2015. mortality.
Paul Piquado, At the June 2015 meeting, the Council Comments submitted in response to
Assistant Secretary for Enforcement and requested that, in addition to providing this notice will be summarized and/or
Compliance. the BSAI Halibut Prohibited Species included in the request for OMB
[FR Doc. 2015–15312 Filed 6–19–15; 8:45 am] Catch (PSC) Progress Report, approval of this information collection;
Amendment 80 cooperatives provide they also will become a matter of public
BILLING CODE 3510–DS–P
their 2016 Halibut PSC Management record.
tkelley on DSK3SPTVN1PROD with NOTICES
Plans at the December 2015 Council Dated: June 17, 2015.
meeting. Since 2011, all vessels and Sarah Brabson,
companies participating in the
NOAA PRA Clearance Officer.
Amendment 80 sector have been
[FR Doc. 2015–15235 Filed 6–19–15; 8:45 am]
7 SeeLarge Power Transformers From the affiliated with one of two Amendment
Republic of Korea: Antidumping Duty Order, 77 FR 80 cooperatives, the Alaska Seafood BILLING CODE 3510–22–P
53177 (August 31, 2012). Cooperative or the Alaska Groundfish
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Document Created: 2018-02-22 11:13:39
Document Modified: 2018-02-22 11:13:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective date June 22, 2015. | |
| Contact | Brian Davis (Hyosung) or David Cordell (Hyundai), AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-7924 or (202) 482-0408, respectively. | |
| FR Citation | 80 FR 35628 |
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