83 FR 11679 - Large Power Transformers From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 52 (March 16, 2018)

On September 7, 2017, the Department of Commerce (Commerce) published in the Federal Register the preliminary results of the fourth administrative review of the antidumping duty order on large power transformers from the Republic of Korea. The period of review is August 1, 2015, through July 31, 2016. Based on our analysis of the comments and information received, we continue to find that the application of facts available with an adverse inference is warranted for Hyosung Corporation (Hyosung) and Hyundai Heavy Industries Co., Ltd. (Hyundai). For the final weighted-average dumping margins, see the ``Final Results of Review'' section below.

[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Notices]
[Pages 11679-11680]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05375]


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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; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 7, 2017, the Department of Commerce (Commerce) 
published in the Federal Register the preliminary results of the fourth 
administrative review of the antidumping duty order on large power 
transformers from the Republic of Korea. The period of review is August 
1, 2015, through July 31, 2016. Based on our analysis of the comments 
and information received, we continue to find that the application of 
facts available with an adverse inference is warranted for Hyosung 
Corporation (Hyosung) and Hyundai Heavy Industries Co., Ltd. (Hyundai). 
For the final weighted-average dumping margins, see the ``Final Results 
of Review'' section below.

DATES: Applicable March 16, 2018.

FOR FURTHER INFORMATION CONTACT: John Drury (Hyosung) or Moses Song 
(Hyundai), AD/CVD Operations, Office VI, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0195 
or (202) 482-5041, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On September 7, 2017, Commerce published the Preliminary 
Results.\1\ A summary of the events that occurred since Commerce 
published these results, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum, which is hereby adopted by this 
notice.\2\
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    \1\ See Large Power Transformers from the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review; 2015-
2016, 82 FR 42289 (September 7, 2017) (Preliminary Results).
    \2\ See Memorandum to Gary Taverman, Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, entitled ``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; 2015-2016'', dated concurrently with this notice (Issues 
and Decision Memorandum).
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    The Issues and Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov and 
it is available to all parties 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 
at http://enforcement.trade.gov/frn/index.html. The signed and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.
    Commerce exercised its discretion to toll all deadlines affected by 
the closure of the Federal Government from January 20 through 22, 2018. 
If the new deadline falls on a non-business day, in accordance with 
Commerce's practice, the deadline will become the next business day. 
The revised deadline for the final results of this review is now March 
9, 2018.\3\
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    \3\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days.
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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. The merchandise 
subject to the order is currently classified in the Harmonized Tariff 
Schedule of the United States at subheadings 8504.23.0040, 
8504.23.0080, and 8504.90.9540. For a complete description of the scope 
of the order, see Appendix I to 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. For a list of the issues raised by parties, see Appendix II 
to this notice.

Changes Since the Preliminary Results

    Commerce has made no changes to the Preliminary Results. As stated 
in the Preliminary Results, we found that the application of total 
facts otherwise available with adverse inferences, for Hyosung's and 
Hyundai's weighted-average dumping margin, pursuant to sections 776(a) 
and (b) of the Tariff Act of 1930, as amended, (the Act), was 
warranted. Further, we continue to find that a reasonable method for 
determining the rate for the three companies not selected for 
individual examination is to use the rate applied to the mandatory 
respondents (i.e., Hyosung and Hyundai) in this administrative review.

Final Results of the Review

    The final weighted-average dumping margins are as follows:

[[Page 11680]]



------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                    dumping margin
                                                             (percent)
------------------------------------------------------------------------
Hyosung Corporation.....................................           60.81
Hyundai Heavy Industries Co., Ltd.......................           60.81
Iljin Electric Co., Ltd.................................           60.81
Iljin...................................................           60.81
LSIS Co., Ltd...........................................           60.81
------------------------------------------------------------------------

Disclosure

    The final weighted-average dumping margins assigned to Hyosung and 
Hyundai for the final results in this review are based on total facts 
available with adverse inferences. Accordingly, no disclosure of 
calculations is necessary for these final results.

Assessment Rate

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b), 
Commerce has determined, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this review. 
Commerce shall instruct CBP to apply an ad valorem assessment rate of 
60.81 percent to all entries of subject merchandise during the POR 
which were produced and/or exported by Hyosung, Hyundai, Iljin, Iljin 
Electric, and LSIS.
    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 
equal to the weighted-average dumping margins established in the final 
results of this administrative review; (2) for merchandise exported by 
producers or exporters not covered in this administrative review but 
covered in a prior segment of the proceeding, the cash deposit rate 
will continue to be the company specific rate published for the most 
recently completed segment of this proceeding; (3) if the exporter is 
not a firm covered in this review, a prior review, or the original 
investigation, but the producer is, the cash deposit rate will be the 
rate established for the most recently completed segment of this 
proceeding for the producer of the subject merchandise; and (4) the 
cash deposit rate for all other producers or exporters will continue to 
be 22.00 percent, the all-others rate established in the less-than-
fair-value investigation.\4\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \4\ 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 period of review. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties did occur and the subsequent assessment of doubled antidumping 
duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
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 this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h) and 
19 CFR 351.221(b)(5).

    March 9, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I



Scope of the Order

    The scope of this order covers 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 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.

Appendix II



List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Application of Total Adverse Facts Available With Regard to 
Hyundai and Hyosung
VI. Discussion of the Issues

A. Hyundai-Specific Issues

Comment 1: Application of Total AFA
    (A) Hyundai's Reporting of Accessories
    (B) Hyundai's Understatement of Its Home Market Gross Unit 
Prices
    (C) Hyundai's Undisclosed Affiliated Sales Agent
    (D) Moot Issues
Comment 2: Selection of AFA Rate
Comment 3: Application of Hyundai's Margin to New Entity

B. Hyosung-Specific Issues

Comment 4: Application of Total AFA
    (A) Hyosung's Reporting of Service-Related Revenue
    (B) Invoice for Certain SEQUs Covering Multiple Sales Over 
Multiple Review Periods
    (C) Hyosung Failed To Report All Relevant Discounts and Price 
Adjustments
    (D) Moot Issues

C. General Issues

Comment 5: Non-Selected Respondents
    (A) Application of Total Facts Available
    (B) Commerce Should Request Information Needed To Calculate 
Dumping Margins for Unexamined Companies
VII. Recommendation

[FR Doc. 2018-05375 Filed 3-15-18; 8:45 am]
 BILLING CODE 3510-DS-P