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)

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.

[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]


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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.
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    \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.
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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).
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    \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.
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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.
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    \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).
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    To determine whether the duty assessment rates covering the period 
were de minimis, in accordance with the requirement set forth in 19 CFR 
351.106(c)(2), 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.
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    \6\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Automatic Assessment Clarification).
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    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.
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    \7\ See Large Power Transformers From the Republic of Korea: 
Antidumping Duty Order, 77 FR 53177 (August 31, 2012).
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Notification to Importers Regarding the Reimbursement of Duties

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