81_FR_14138 81 FR 14087 - Large Power Transformers From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2013-2014

81 FR 14087 - Large Power Transformers From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2013-2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 51 (March 16, 2016)

Page Range14087-14089
FR Document2016-05940

On September 4, 2015, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on large power transformers from the Republic of Korea.\1\ The review covers five producers/exporters of the subject merchandise, Hyosung Corporation (Hyosung), Hyundai Heavy Industries Co., Ltd. (Hyundai), ILJIN, ILJIN Electric Co., Ltd. (ILJIN Electric), and LSIS Co., Ltd. (LSIS). ILJIN, ILJIN Electric, and LSIS, were not selected for individual examination. The period of review (POR) is August 1, 2013, through July 31, 2014. As a result of our analysis of the comments and information received, these final results differ from the Preliminary Results. For the final weighted-average dumping margins, see the ``Final Results of Review'' section below. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 51 (Wednesday, March 16, 2016)
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14087-14089]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05940]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-867]


Large Power Transformers From the Republic of Korea: Final 
Results of Antidumping Duty Administrative Review; 2013-2014

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

SUMMARY: On September 4, 2015, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty order on large power transformers from 
the Republic of Korea.\1\ The review covers five producers/exporters of 
the subject merchandise, Hyosung Corporation (Hyosung), Hyundai Heavy 
Industries Co., Ltd. (Hyundai), ILJIN, ILJIN Electric Co., Ltd. (ILJIN 
Electric), and LSIS Co., Ltd. (LSIS). ILJIN, ILJIN Electric, and LSIS, 
were not selected for individual examination. The period of review 
(POR) is August 1, 2013, through July 31, 2014. As a result of our 
analysis of the comments and information received, these final results 
differ from the Preliminary Results. For the final weighted-average 
dumping margins, see the ``Final Results of Review'' section below.
---------------------------------------------------------------------------

    \1\ See Large Power Transformers From the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review; 2013-
2014, 80 FR 53496 (September 4, 2015) (Preliminary Results).

---------------------------------------------------------------------------
DATES: Effective Date: March 16, 2016.

FOR FURTHER INFORMATION CONTACT: Brian Davis (Hyosung) or Edythe Artman 
(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) 482-3931, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 4, 2015, the Department published the Preliminary 
Results. In accordance with 19 CFR 351.309(c)(1)(ii), we invited 
parties to comment on our Preliminary Results.\2\ On October 16, 2015, 
Hyundai timely submitted a case brief and on October 19, 2015, Hyosung 
and ABB Inc. (Petitioner) timely submitted case briefs.\3\ Rebuttal 
briefs were also timely filed by Hyosung, Hyundai, and Petitioner, on 
October 27, 2015.\4\ On December 22, 2015, the Department issued a 
memorandum extending the time period for issuing the final results of 
this administrative review from January 4, 2016 to February 24, 
2016.\5\ On February 29, 2016, the Department further extended the 
final results to March 8, 2015.\6\
---------------------------------------------------------------------------

    \2\ The Department issued the briefing schedule in a Memorandum 
to the File, dated September 9, 2015. This briefing schedule was 
later extended at the request of interested parties to October 16, 
2015 for briefs and October 26, 2015 for rebuttal briefs.
    \3\ See Case Brief from Petitioner regarding Hyundai, 
(Petitioner Brief Hyundai), Brief from Petitioner regarding Hyosung 
(Petitioner Brief Hyosung), and Hyosung Brief, all dated October 19, 
2015, and Hyundai Brief, dated October 16, 2015.
    \4\ See Hyosung Rebuttal Brief, Hyundai Rebuttal Brief and 
Petitioner Rebuttal Brief: All dated October 26, 2015. Petitioner 
requested an extension for the briefing schedule to 30 days after 
Hyundai's submission of a post-verification supplemental 
questionnaire and an extension for filing rebuttal briefs, which the 
Department partially granted for all parties in a letter dated 
September 29, 2015 and extended in a letter dated October 13, 2015. 
See Letter to Petitioner dated September 29, 2015 and Letter to 
Petitioner dated October 13, 2015.
    \5\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for AD/CVD Operations, ``Large Power Transformers from the 
Republic of Korea: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review; 2013-2014'' (December 22, 
2015).
    \6\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for AD/CVD Operations, ``Large Power Transformers from the 
Republic of Korea: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review; 2013-2014'' (February 29, 
2016); see also Memorandum to the Record from Ron Lorentzen, Acting 
Assistant Secretary for Enforcement & Compliance, regarding 
``Tolling of Administrative Deadlines As a Result of the Government 
Closure During Snowstorm Jonas,'' dated January 27, 2016. As 
explained in this memorandum, the Department has exercised its 
discretion to toll all administrative deadlines due to the recent 
closure of the Federal Government. All deadlines in this segment of 
the proceeding have been extended by four business days. The revised 
deadline for the final determination is now March 8, 2016.
---------------------------------------------------------------------------

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. 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.\7\
---------------------------------------------------------------------------

    \7\ For a full description of the scope of the order, see the 
Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, titled ``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; 2013-2014'' (Issues and Decision 
Memorandum), which is issued concurrently with, and hereby adopted 
by, this notice.
---------------------------------------------------------------------------

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.\8\ A list of the issues that parties raised and to which we 
responded is attached to this notice as an Appendix. The Issues and 
Decision Memorandum is a public document and is on-file electronically 
via ACCESS. ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, Room B8024 of the 
main Department of Commerce building. In addition, a complete version 
of the Issues and Decision Memorandum can be accessed directly on the 
Internet at http://enforcement.ita.doc.gov/frn/index.html. The signed 
Issues and Decision Memorandum and the electronic version of the Issues 
and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \8\ Id.
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we recalculated 
Hyosung's and

[[Page 14088]]

Hyundai's weighted-average dumping margins for these final results.
    For Hyosung, we revised our margin program by adjusting our 
treatment of Hyosung's installation revenue, indirect selling expense 
ratio, U.S. commission expenses, and U.S. warranty expenses.\9\ For 
Hyundai, we revised the margin program with respect to our treatment of 
bank charges and packing expenses incurred in the home market, 
installation and supervision expenses incurred in both markets, 
domestic inventory carrying costs and U.S. credit expenses, and U.S. 
commission expenses.\10\
---------------------------------------------------------------------------

    \9\ See Memorandum from Brian Davis to the File, regarding 
``Analysis of Data Submitted by Hyosung Corporation in the Final 
Results of the Administrative Review of the Antidumping Duty Order 
on Large Power Transformers from the Republic of Korea; 2013-2014'' 
(Hyosung Final Analysis Memorandum), dated March 23, 2014, at 
section ``Changes from the Preliminary Results,'' for further 
information.
    \10\ See Memorandum from Edythe Artman to the File, regarding 
``Analysis of Data Submitted by Hyundai Heavy Industries Co., Ltd. 
in the Final Results of the Administrative Review of the Antidumping 
Duty Order on Large Power Transformers from the Republic of Korea; 
2013-2014'' (Hyundai Final Analysis Memorandum), dated March 23, 
2014, at section ``Changes from the Preliminary Results,'' for 
further information.
---------------------------------------------------------------------------

    As a result of the aforementioned recalculations of Hyosung's and 
Hyundai's weighted-average dumping margins, the weighted-average 
dumping margin for the three non-selected companies also changed.

Final Results of the Review

    As a result of this review, the Department determines the following 
weighted-average dumping margins \11\ for the period August 1, 2013, 
through July 31, 2014, are as follows:
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    \11\ As we did not have publicly-ranged U.S. sales volumes for 
Hyosung for the period August 1, 2013, through July 31, 2014, to 
calculate a weighted-average percentage margin for the non-selected 
companies (i.e., ILJIN, ILJIN Electric, and LSIS) in this review, 
the rate applied to the non-selected companies is a simple-average 
percentage margin calculated based on the margins calculated for 
Hyosung and Hyundai.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Manufacturer/exporter                        margin
                                                              (percent)
------------------------------------------------------------------------
Hyosung Corporation........................................         9.40
Hyundai Heavy Industries Co., Ltd..........................         4.07
ILJIN Electric Co., Ltd....................................         6.74
ILJIN......................................................         6.74
LSIS Co., Ltd..............................................         6.74
------------------------------------------------------------------------

Duty Assessment

    The Department shall determine and U.S. Customs and Border 
Protection (CBP) shall assess antidumping duties on all appropriate 
entries.\12\ For any individually examined respondents whose weighted-
average dumping margin is above de minimis, we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the 
total amount of dumping calculated for the importer's examined sales to 
the total entered value of those same sales in accordance with 19 CFR 
351.212(b)(1). Upon issuance of the final results of this 
administrative review, if any importer-specific assessment rates 
calculated in the final results are above de minimis (i.e., at or above 
0.5 percent), the Department will issue instructions directly to CBP to 
assess antidumping duties on appropriate entries.
---------------------------------------------------------------------------

    \12\ 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.
    We intend to issue assessment instructions directly to CBP 15 days 
after publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this notice for all shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
publication of these final results, as provided by section 751(a)(2) of 
the Act: (1) The cash deposit rate for respondents noted above will be 
the rate established in the 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 
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.\13\ These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \13\ 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.
    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).

    Dated: March 8, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final Issues and Decision Memorandum

I. Summary
II. List of Issues
III. Background

[[Page 14089]]

IV. Scope of the Order
V. Discussion of Interested Party Comments

A. General Issues

Comment 1: The Use of Constructed Value to Calculate Normal Value
Comment 2: Whether the Department Should Apply the Transaction-to-
Transaction Method, and Whether the Department Should Alter Its 
Application of Differential Pricing in this Administrative Review

B. Hyosung--Specific Issues

Comment 3: The Department's Capping of Certain Expense Revenues
Comment 4: The Department's Adjustment to Home Market Warranty 
Expenses and Indirect Selling Expenses
Comment 5: The Department's Treatment of Ocean Freight Revenue
Comment 6: The Department's Treatment of U.S. Commission Expenses
Comment 7: Clerical Error Related to U.S. Direct Selling Expenses

C. Hyundai Heavy Industries Co., Ltd.--Specific Issues

Comment 8: Hyundai's Reporting of Constructed Value
Comment 9: The Department's Treatment of U.S. Commission Offset
Comment 10: Hyundai's Failure to Report Reimbursed Expenses
Comment 11: Hyundai Reporting of U.S. and Home Market Dates of Sale
Comment 12: Hyundai's Reported Installation and Supervision Expenses
Comment 13: Hyundai's Calculations of Indirect Selling Expenses for 
the Home and U.S. Markets
Comment 14: Hyundai's Failure to Provide Audited 2013 Financial 
Statements for Hyundai Corporation (Korea)
Comment 15: Application of Adverse Facts Available to Hyundai
Comment 16: Hyundai's Reporting of U.S. Credit Expenses
Comment 17: Hyundai's Reporting of Bank Charges Incurred on its U.S. 
Sales
Comment 18: Hyundai's Reporting of U.S. Brokerage Expenses
Comment 19: Hyundai's Reporting of U.S. Inland Freight Expenses for 
U.S. Sales that Included Spare Parts
Comment 20: Hyundai's Reporting of its U.S. Supervision Costs
Comment 21: Verification of Amounts Reported by Hyundai for Warranty 
Expenses and Domestic Indirect Selling Expenses Incurred in the 
United States
Comment 22: Hyundai's Failure to Report Inventory Carrying Costs 
Incurred in the United States
Comment 23: Issues with Specific U.S. Sales
Comment 24: Hyundai's Reporting of Insurance and Packing Expenses 
for Home-Market Sales
Comment 25: Hyundai's Reporting of Home-Market Inland Trucking 
Expenses
Comment 26: Hyundai's Reporting Home Market Insurance Expenses
Comment 27: Hyundai's Reporting of Other Direct Selling Expenses
Comment 28: Hyundai's Reporting of Actual Packing Expenses
Comment 29: Hyundai's Reporting of Warranty Guarantee Expenses
Comment 30: Correction to Hyundai's Liquidation Instructions
VI. Recommendation

[FR Doc. 2016-05940 Filed 3-15-16; 8:45 am]
BILLING CODE 3510-DS-P



                                                                              Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices                                                        14087

                                                  pending a final and conclusive court                    (POR) is August 1, 2013, through July                   Scope of the Order
                                                  decision.                                               31, 2014. As a result of our analysis of                   The scope of this order covers large
                                                                                                          the comments and information received,                  liquid dielectric power transformers
                                                  Amended Final Determination
                                                                                                          these final results differ from the                     (LPTs) having a top power handling
                                                     Because there is now a final court                   Preliminary Results. For the final
                                                  decision with respect to the Ethan Allen                                                                        capacity greater than or equal to 60,000
                                                                                                          weighted-average dumping margins, see                   kilovolt amperes (60 megavolt amperes),
                                                  Scope Ruling, the Department is                         the ‘‘Final Results of Review’’ section
                                                  amending its final scope ruling. The                                                                            whether assembled or unassembled,
                                                                                                          below.                                                  complete or incomplete. The
                                                  Department finds that the scope of the                  DATES: Effective Date: March 16, 2016.
                                                  WBF Order does not cover the products                                                                           merchandise subject to the order is
                                                                                                          FOR FURTHER INFORMATION CONTACT:                        currently classified in the Harmonized
                                                  addressed in the Ethan Allen Scope
                                                                                                          Brian Davis (Hyosung) or Edythe                         Tariff Schedule of the United States at
                                                  Ruling. The Department will instruct
                                                                                                          Artman (Hyundai), AD/CVD Operations,                    subheadings 8504.23.0040,
                                                  U.S. Customs and Border Protection
                                                                                                          Office VI, Enforcement and Compliance,                  8504.23.0080 and 8504.90.9540.7
                                                  (‘‘CBP’’) that the cash deposit rate will
                                                                                                          International Trade Administration,
                                                  be zero percent for the four chests                                                                             Analysis of Comments Received
                                                                                                          U.S. Department of Commerce, 14th
                                                  imported by Ethan Allen. In the event
                                                                                                          Street and Constitution Avenue NW.,                        All issues raised in the case and
                                                  that the CIT’s ruling is not appealed, or
                                                                                                          Washington, DC 20230; telephone: (202)                  rebuttal briefs by parties to this
                                                  if appealed, upheld by the CAFC, the
                                                                                                          482–7924 or (202) 482–3931,                             administrative review are addressed in
                                                  Department will instruct CBP to
                                                                                                          respectively.                                           the Issues and Decision Memorandum.8
                                                  liquidate entries of Ethan Allen’s four
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                                                                                  A list of the issues that parties raised
                                                  chests at issue without regard to
                                                                                                                                                                  and to which we responded is attached
                                                  antidumping and/or countervailing                       Background                                              to this notice as an Appendix. The
                                                  duties, and to lift suspension of
                                                                                                             On September 4, 2015, the                            Issues and Decision Memorandum is a
                                                  liquidation of such entries.
                                                                                                          Department published the Preliminary                    public document and is on-file
                                                     This notice is issued and published in
                                                                                                          Results. In accordance with 19 CFR                      electronically via ACCESS. ACCESS is
                                                  accordance with section 516A(c)(1) of
                                                                                                          351.309(c)(1)(ii), we invited parties to                available to registered users at http://
                                                  the Act.
                                                                                                          comment on our Preliminary Results.2                    access.trade.gov and in the Central
                                                    Dated: March 9, 2016.                                                                                         Records Unit, Room B8024 of the main
                                                                                                          On October 16, 2015, Hyundai timely
                                                  Paul Piquado,                                                                                                   Department of Commerce building. In
                                                                                                          submitted a case brief and on October
                                                  Assistant Secretary for Enforcement and                 19, 2015, Hyosung and ABB Inc.                          addition, a complete version of the
                                                  Compliance.                                                                                                     Issues and Decision Memorandum can
                                                                                                          (Petitioner) timely submitted case
                                                  [FR Doc. 2016–05942 Filed 3–15–16; 8:45 am]
                                                                                                          briefs.3 Rebuttal briefs were also timely               be accessed directly on the Internet at
                                                  BILLING CODE 3510–DS–P                                  filed by Hyosung, Hyundai, and                          http://enforcement.ita.doc.gov/frn/
                                                                                                          Petitioner, on October 27, 2015.4 On                    index.html. The signed Issues and
                                                                                                          December 22, 2015, the Department                       Decision Memorandum and the
                                                  DEPARTMENT OF COMMERCE                                  issued a memorandum extending the                       electronic version of the Issues and
                                                                                                          time period for issuing the final results               Decision Memorandum are identical in
                                                  International Trade Administration                                                                              content.
                                                                                                          of this administrative review from
                                                  [A–580–867]                                             January 4, 2016 to February 24, 2016.5                  Changes Since the Preliminary Results
                                                                                                          On February 29, 2016, the Department
                                                  Large Power Transformers From the                       further extended the final results to                     Based on a review of the record and
                                                  Republic of Korea: Final Results of                     March 8, 2015.6                                         comments received from interested
                                                  Antidumping Duty Administrative                                                                                 parties regarding our Preliminary
                                                  Review; 2013–2014                                          2 The Department issued the briefing schedule in     Results, we recalculated Hyosung’s and
                                                                                                          a Memorandum to the File, dated September 9,
                                                  AGENCY:   Enforcement and Compliance,                   2015. This briefing schedule was later extended at      Extension of Deadline for Final Results of
                                                  International Trade Administration,                     the request of interested parties to October 16, 2015   Antidumping Duty Administrative Review; 2013–
                                                  Department of Commerce.                                 for briefs and October 26, 2015 for rebuttal briefs.    2014’’ (February 29, 2016); see also Memorandum
                                                                                                             3 See Case Brief from Petitioner regarding
                                                  SUMMARY: On September 4, 2015, the                                                                              to the Record from Ron Lorentzen, Acting Assistant
                                                                                                          Hyundai, (Petitioner Brief Hyundai), Brief from         Secretary for Enforcement & Compliance, regarding
                                                  Department of Commerce (the                             Petitioner regarding Hyosung (Petitioner Brief          ‘‘Tolling of Administrative Deadlines As a Result of
                                                  Department) published the preliminary                   Hyosung), and Hyosung Brief, all dated October 19,      the Government Closure During Snowstorm Jonas,’’
                                                  results of the administrative review of                 2015, and Hyundai Brief, dated October 16, 2015.        dated January 27, 2016. As explained in this
                                                                                                             4 See Hyosung Rebuttal Brief, Hyundai Rebuttal       memorandum, the Department has exercised its
                                                  the antidumping duty order on large
                                                                                                          Brief and Petitioner Rebuttal Brief: All dated          discretion to toll all administrative deadlines due
                                                  power transformers from the Republic of                 October 26, 2015. Petitioner requested an extension     to the recent closure of the Federal Government. All
                                                  Korea.1 The review covers five                          for the briefing schedule to 30 days after Hyundai’s    deadlines in this segment of the proceeding have
                                                  producers/exporters of the subject                      submission of a post-verification supplemental          been extended by four business days. The revised
                                                  merchandise, Hyosung Corporation                        questionnaire and an extension for filing rebuttal      deadline for the final determination is now March
                                                                                                          briefs, which the Department partially granted for      8, 2016.
                                                  (Hyosung), Hyundai Heavy Industries                     all parties in a letter dated September 29, 2015 and       7 For a full description of the scope of the order,
                                                  Co., Ltd. (Hyundai), ILJIN, ILJIN Electric              extended in a letter dated October 13, 2015. See        see the Memorandum from Christian Marsh, Deputy
                                                  Co., Ltd. (ILJIN Electric), and LSIS Co.,               Letter to Petitioner dated September 29, 2015 and       Assistant Secretary for Antidumping and
                                                  Ltd. (LSIS). ILJIN, ILJIN Electric, and                 Letter to Petitioner dated October 13, 2015.            Countervailing Duty Operations, to Paul Piquado,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                             5 See Memorandum to Christian Marsh, Deputy          Assistant Secretary for Enforcement and
                                                  LSIS, were not selected for individual                  Assistant Secretary for AD/CVD Operations, ‘‘Large      Compliance, titled ‘‘Issues and Decision
                                                  examination. The period of review                       Power Transformers from the Republic of Korea:          Memorandum for the Final Results of the
                                                                                                          Extension of Deadline for Final Results of              Administrative Review of the Antidumping Duty
                                                    1 See Large Power Transformers From the               Antidumping Duty Administrative Review; 2013–           Order on Large Power Transformers from the
                                                  Republic of Korea: Preliminary Results of               2014’’ (December 22, 2015).                             Republic of Korea; 2013–2014’’ (Issues and Decision
                                                  Antidumping Duty Administrative Review; 2013–              6 See Memorandum to Christian Marsh, Deputy          Memorandum), which is issued concurrently with,
                                                  2014, 80 FR 53496 (September 4, 2015) (Preliminary      Assistant Secretary for AD/CVD Operations, ‘‘Large      and hereby adopted by, this notice.
                                                  Results).                                               Power Transformers from the Republic of Korea:             8 Id.




                                             VerDate Sep<11>2014   18:11 Mar 15, 2016   Jkt 238001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\16MRN1.SGM     16MRN1


                                                  14088                                Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices

                                                  Hyundai’s weighted-average dumping                                    on all appropriate entries.12 For any                 proceeding; (3) if the exporter is not a
                                                  margins for these final results.                                      individually examined respondents                     firm covered in this review, a prior
                                                    For Hyosung, we revised our margin                                  whose weighted-average dumping                        review, or the original investigation, but
                                                  program by adjusting our treatment of                                 margin is above de minimis, we                        the manufacturer is, the cash deposit
                                                  Hyosung’s installation revenue, indirect                              calculated importer-specific ad valorem               rate will be the rate established for the
                                                  selling expense ratio, U.S. commission                                duty assessment rates based on the ratio              most recently completed segment of this
                                                  expenses, and U.S. warranty expenses.9                                of the total amount of dumping                        proceeding for the manufacturer of the
                                                  For Hyundai, we revised the margin                                    calculated for the importer’s examined                subject merchandise; and (4) the cash
                                                  program with respect to our treatment of                              sales to the total entered value of those             deposit rate for all other manufacturers
                                                  bank charges and packing expenses                                     same sales in accordance with 19 CFR                  or exporters will continue to be 22.00
                                                  incurred in the home market,                                          351.212(b)(1). Upon issuance of the final             percent, the all-others rate established
                                                  installation and supervision expenses                                 results of this administrative review, if             in the antidumping investigation.13
                                                  incurred in both markets, domestic                                    any importer-specific assessment rates                These cash deposit requirements, when
                                                  inventory carrying costs and U.S. credit                              calculated in the final results are above             imposed, shall remain in effect until
                                                  expenses, and U.S. commission                                         de minimis (i.e., at or above 0.5 percent),           further notice.
                                                  expenses.10                                                           the Department will issue instructions
                                                                                                                        directly to CBP to assess antidumping                 Notification to Importers Regarding the
                                                    As a result of the aforementioned                                                                                         Reimbursement of Duties
                                                  recalculations of Hyosung’s and                                       duties on appropriate entries.
                                                  Hyundai’s weighted-average dumping                                      To determine whether the duty                          This notice also serves as a final
                                                  margins, the weighted-average dumping                                 assessment rates covering the period                  reminder to importers of their
                                                  margin for the three non-selected                                     were de minimis, in accordance with                   responsibility under 19 CFR 351.402(f)
                                                  companies also changed.                                               the requirement set forth in 19 CFR                   to file a certificate regarding the
                                                                                                                        351.106(c)(2), for each respondent we                 reimbursement of antidumping and/or
                                                  Final Results of the Review                                           calculated importer (or customer)-                    countervailing duties prior to
                                                    As a result of this review, the                                     specific ad valorem rates by aggregating              liquidation of the relevant entries
                                                  Department determines the following                                   the amount of dumping calculated for                  during the POR. Failure to comply with
                                                  weighted-average dumping margins 11                                   all U.S. sales to that importer or                    this requirement could result in the
                                                  for the period August 1, 2013, through                                customer and dividing this amount by                  Department’s presumption that
                                                  July 31, 2014, are as follows:                                        the total entered value of the sales to               reimbursement of antidumping and/or
                                                                                                                        that importer (or customer). Where an                 countervailing duties occurred and the
                                                                                                      Weighted-         importer (or customer)-specific ad                    subsequent assessment of doubled
                                                         Manufacturer/exporter                         average          valorem rate is greater than de minimis,              antidumping duties.
                                                                                                        margin          and the respondent has reported reliable
                                                                                                      (percent)
                                                                                                                        entered values, we apply the assessment               Administrative Protective Order
                                                                                                                        rate to the entered value of the                        This notice also serves as a reminder
                                                  Hyosung Corporation ................                           9.40
                                                  Hyundai Heavy Industries Co.,                                         importer’s/customer’s entries during the              to parties subject to administrative
                                                    Ltd .........................................                4.07   review period.                                        protective orders (APO) of their
                                                  ILJIN Electric Co., Ltd ..............                         6.74      We intend to issue assessment                      responsibility concerning the return or
                                                  ILJIN .........................................                6.74   instructions directly to CBP 15 days                  destruction of proprietary information
                                                  LSIS Co., Ltd ............................                     6.74   after publication of the final results of             disclosed under APO in accordance
                                                                                                                        this review.                                          with 19 CFR 351.305(a)(3), which
                                                  Duty Assessment                                                                                                             continues to govern business
                                                                                                                        Cash Deposit Requirements
                                                                                                                                                                              proprietary information in this segment
                                                    The Department shall determine and                                    The following cash deposit                          of the proceeding. Timely written
                                                  U.S. Customs and Border Protection                                    requirements will be effective upon                   notification of the return/destruction of
                                                  (CBP) shall assess antidumping duties                                 publication of this notice for all                    APO materials, or conversion to judicial
                                                                                                                        shipments of subject merchandise                      protective order, is hereby requested.
                                                    9 See Memorandum from Brian Davis to the File,
                                                                                                                        entered, or withdrawn from warehouse,                 Failure to comply with the regulations
                                                  regarding ‘‘Analysis of Data Submitted by Hyosung
                                                  Corporation in the Final Results of the                               for consumption on or after the                       and the terms of an APO is a
                                                  Administrative Review of the Antidumping Duty                         publication of these final results, as                sanctionable violation.
                                                  Order on Large Power Transformers from the                            provided by section 751(a)(2) of the Act:               We are issuing and publishing this
                                                  Republic of Korea; 2013–2014’’ (Hyosung Final                         (1) The cash deposit rate for                         notice in accordance with sections
                                                  Analysis Memorandum), dated March 23, 2014, at
                                                  section ‘‘Changes from the Preliminary Results,’’ for                 respondents noted above will be the rate              751(a)(1) and 777(i)(1) of the Act and 19
                                                  further information.                                                  established in the final results of this              CFR 351.213(h).
                                                    10 See Memorandum from Edythe Artman to the                         administrative review; (2) for                          Dated: March 8, 2016.
                                                  File, regarding ‘‘Analysis of Data Submitted by                       merchandise exported by manufacturers
                                                  Hyundai Heavy Industries Co., Ltd. in the Final                                                                             Paul Piquado,
                                                  Results of the Administrative Review of the
                                                                                                                        or exporters not covered in this
                                                                                                                                                                              Assistant Secretary for Enforcement and
                                                  Antidumping Duty Order on Large Power                                 administrative review but covered in a
                                                                                                                                                                              Compliance.
                                                  Transformers from the Republic of Korea; 2013–                        prior segment of the proceeding, the
                                                  2014’’ (Hyundai Final Analysis Memorandum),                           cash deposit rate will continue to be the             Appendix
                                                  dated March 23, 2014, at section ‘‘Changes from the
                                                  Preliminary Results,’’ for further information.
                                                                                                                        company specific rate published for the               List of Topics Discussed in the Final Issues
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                                                    11 As we did not have publicly-ranged U.S. sales                    most recently completed segment of this               and Decision Memorandum
                                                  volumes for Hyosung for the period August 1, 2013,                                                                          I. Summary
                                                  through July 31, 2014, to calculate a weighted-                         12 In these final results, the Department applied
                                                                                                                                                                              II. List of Issues
                                                  average percentage margin for the non-selected                        the assessment rate calculation method adopted in
                                                  companies (i.e., ILJIN, ILJIN Electric, and LSIS) in                  Antidumping Proceedings: Calculation of the           III. Background
                                                  this review, the rate applied to the non-selected                     Weighted-Average Dumping Margin and
                                                  companies is a simple-average percentage margin                       Assessment Rate in Certain Antidumping                  13 See Large Power Transformers From the

                                                  calculated based on the margins calculated for                        Proceedings: Final Modification, 77 FR 8101           Republic of Korea: Antidumping Duty Order, 77 FR
                                                  Hyosung and Hyundai.                                                  (February 14, 2012).                                  53177 (August 31, 2012).



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                                                                              Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices                                                      14089

                                                  IV. Scope of the Order                                       Warranty Guarantee Expenses                      findings or rulings (e.g., changed
                                                  V. Discussion of Interested Party Comments              Comment 30: Correction to Hyundai’s                   circumstances review, scope ruling,
                                                                                                               Liquidation Instructions                         duty absorption review) since issuance
                                                  A. General Issues                                       VI. Recommendation
                                                  Comment 1: The Use of Constructed Value to                                                                    of the Orders.
                                                                                                          [FR Doc. 2016–05940 Filed 3–15–16; 8:45 am]              On October 1, 2015, the Department
                                                      Calculate Normal Value
                                                  Comment 2: Whether the Department Should                BILLING CODE 3510–DS–P                                published a notice of initiation of the
                                                      Apply the Transaction-to-Transaction                                                                      first sunset review of the AD and CVD
                                                      Method, and Whether the Department                                                                        Orders on seamless pipe from the PRC,
                                                      Should Alter Its Application of                     DEPARTMENT OF COMMERCE                                pursuant to section 751(c) of the Tariff
                                                      Differential Pricing in this                                                                              Act of 1930, as amended (the Act).2 As
                                                      Administrative Review                               International Trade Administration                    a result of its reviews, the Department
                                                  B. Hyosung—Specific Issues                              [A–570–956 and C–570–957]                             determined that revocation of the AD
                                                  Comment 3: The Department’s Capping of                                                                        order would likely lead to a
                                                      Certain Expense Revenues                            Seamless Carbon Alloy Steel Standard                  continuation or recurrence of dumping
                                                  Comment 4: The Department’s Adjustment to               Line and Pressure Pipes From the                      and that revocation of the CVD order
                                                      Home Market Warranty Expenses and                   People’s Republic of China:                           would likely lead to continuation or
                                                      Indirect Selling Expenses                           Continuation of Antidumping Duty                      recurrence of countervailable subsidies.
                                                  Comment 5: The Department’s Treatment of                Order and Countervailing Duty Order                   The Department, therefore, notified the
                                                      Ocean Freight Revenue                                                                                     ITC of the magnitude of the margin and
                                                  Comment 6: The Department’s Treatment of                AGENCY:  Enforcement and Compliance,
                                                                                                          International Trade Administration,                   the net countervailable subsidy rates
                                                      U.S. Commission Expenses
                                                  Comment 7: Clerical Error Related to U.S.               Department of Commerce.                               likely to prevail should the antidumping
                                                      Direct Selling Expenses                                                                                   order and the countervailing duty order
                                                                                                          SUMMARY:   As a result of the                         be revoked.3 On March 7, 2016, the ITC
                                                  C. Hyundai Heavy Industries Co., Ltd.—                                                                        published notice of its determination,
                                                  Specific Issues                                         determinations by the Department of
                                                                                                          Commerce (the Department) and the                     pursuant to section 751(c) of the Act,
                                                  Comment 8: Hyundai’s Reporting of                                                                             that revocation of the AD and CVD
                                                      Constructed Value                                   International Trade Commission (ITC)
                                                                                                          that revocation of the antidumping duty               orders on seamless pipe from the PRC
                                                  Comment 9: The Department’s Treatment of
                                                                                                          (AD) order and countervailing duty                    would likely lead to a continuation or
                                                      U.S. Commission Offset
                                                  Comment 10: Hyundai’s Failure to Report                 (CVD) order on seamless carbon alloy                  recurrence of material injury to an
                                                      Reimbursed Expenses                                 steel standard line and pressure pipes                industry in the United States within a
                                                  Comment 11: Hyundai Reporting of U.S. and                                                                     reasonably foreseeable time.4
                                                                                                          (seamless pipe) from the People’s
                                                      Home Market Dates of Sale                           Republic of China (PRC) would likely                  Scope of the Orders
                                                  Comment 12: Hyundai’s Reported
                                                      Installation and Supervision Expenses               lead to a continuation or recurrence of                  The scope of these orders consists of
                                                  Comment 13: Hyundai’s Calculations of                   dumping and countervailable subsidies                 certain seamless carbon and alloy steel
                                                      Indirect Selling Expenses for the Home              and material injury to an industry in the             (other than stainless steel) pipes and
                                                      and U.S. Markets                                    United States, the Department is                      redraw hollows, less than or equal to 16
                                                  Comment 14: Hyundai’s Failure to Provide                publishing a notice of continuation of                inches (406.4 mm) in outside diameter,
                                                      Audited 2013 Financial Statements for               the antidumping duty order and the
                                                      Hyundai Corporation (Korea)
                                                                                                                                                                regardless of wall-thickness,
                                                                                                          countervailing duty order.                            manufacturing process (e.g., hot-
                                                  Comment 15: Application of Adverse Facts
                                                                                                          DATES: Effective Date: March 16, 2016.                finished or cold-drawn), end finish (e.g.,
                                                      Available to Hyundai
                                                  Comment 16: Hyundai’s Reporting of U.S.                 FOR FURTHER INFORMATION CONTACT:                      plain end, beveled end, upset end,
                                                      Credit Expenses                                     Aleksandras Nakutis, Office IV, or, Peter             threaded, or threaded and coupled), or
                                                  Comment 17: Hyundai’s Reporting of Bank                 Zukowski, Office I, AD/CVD Operations,                surface finish (e.g., bare, lacquered or
                                                      Charges Incurred on its U.S. Sales                  Enforcement and Compliance,                           coated). Redraw hollows are any
                                                  Comment 18: Hyundai’s Reporting of U.S.                 International Trade Administration,                   unfinished carbon or alloy steel (other
                                                      Brokerage Expenses                                  U.S. Department of Commerce, 1401                     than stainless steel) pipe or ‘‘hollow
                                                  Comment 19: Hyundai’s Reporting of U.S.
                                                      Inland Freight Expenses for U.S. Sales              Constitution Avenue NW., Washington,                  profiles’’ suitable for cold finishing
                                                      that Included Spare Parts                           DC 20230; telephone: (202) 482–3147 or                operations, such as cold drawing, to
                                                  Comment 20: Hyundai’s Reporting of its U.S.             (202) 482–0189.                                       meet the American Society for Testing
                                                      Supervision Costs                                   SUPPLEMENTARY INFORMATION:
                                                  Comment 21: Verification of Amounts                                                                             2 See Initiation of Five-Year ‘‘Sunset’’ Reviews, 80

                                                      Reported by Hyundai for Warranty                    Background                                            FR 59133 (October 1, 2015).
                                                                                                                                                                  3 See Seamless Carbon and Alloy Steel Standard,
                                                      Expenses and Domestic Indirect Selling                 On November 10, 2010, the
                                                      Expenses Incurred in the United States                                                                    Line, and Pressure Pipe From the People’s Republic
                                                                                                          Department published the AD and CVD                   of China: Final Results of the Expedited Sunset
                                                  Comment 22: Hyundai’s Failure to Report
                                                                                                          orders on imports of seamless pipes                   Review of the Antidumping Duty Order, 81 FR 7305
                                                      Inventory Carrying Costs Incurred in the                                                                  (February 11, 2016) and accompanying Issues and
                                                      United States                                       from the PRC.1 There have been no
                                                                                                                                                                Decision Memorandum; see also Seamless Carbon
                                                  Comment 23: Issues with Specific U.S. Sales             administrative reviews since issuance of              and Alloy Steel Standard, Line, and Pressure Pipe
                                                  Comment 24: Hyundai’s Reporting of                      the Orders. There have been no related                From the People’s Republic of China: Final Results
                                                      Insurance and Packing Expenses for                                                                        of Expedited First Sunset Review of the
                                                      Home-Market Sales                                     1 See Certain Seamless Carbon and Alloy Steel       Countervailing Duty Order, 81 FR 5985 (February 4,
                                                  Comment 25: Hyundai’s Reporting of Home-                Standard, Line, and Pressure Pipe From the            2016) and the accompanying Issues and Decision
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                                                      Market Inland Trucking Expenses                     People’s Republic of China: Amended Final             Memorandum.
                                                  Comment 26: Hyundai’s Reporting Home                    Determination of Sales at Less Than Fair Value and      4 See Certain Seamless Carbon and Alloy Steel

                                                      Market Insurance Expenses                           Antidumping Duty Order, 75 FR 69052 (November         Standard, Line, and Pressure Pipe from China:
                                                                                                          10, 2010); see also Certain Seamless Carbon and       Determination, 81 FR 11837 (March 7, 2016); see
                                                  Comment 27: Hyundai’s Reporting of Other                Alloy Steel Standard, Line, and Pressure Pipe From    also Certain Seamless Carbon and Alloy Steel
                                                      Direct Selling Expenses                             the People’s Republic of China: Amended Final         Standard, Line, and Pressure Pipe from China:
                                                  Comment 28: Hyundai’s Reporting of Actual               Affirmative Countervailing Duty Determination and     Investigation Numbers 701–TA–469 and 731–TA–
                                                      Packing Expenses                                    Countervailing Duty Order, 75 FR 69050 (November      1168 (Review), USITC Publication 4595, (February
                                                  Comment 29: Hyundai’s Reporting of                      10, 2010) (Orders).                                   2016).



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Document Created: 2016-03-15 23:44:16
Document Modified: 2016-03-15 23:44:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactBrian Davis (Hyosung) or Edythe Artman (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) 482-3931, respectively.
FR Citation81 FR 14087 

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