[Federal Register Volume 80, Number 87 (Wednesday, May 6, 2015)]
[Notices]
[Pages 26001-26003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10512]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-867]
Large Power Transformers From the Republic of Korea: 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
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: May 6, 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 March 31, 2015, the Department published its final results in
the administrative review of the antidumping duty order on large power
transformers from Korea.\1\ On March 30, 2015, ABB Inc. (Petitioner)
submitted a ministerial error allegation.\2\ On March 30, 2015, Hyundai
Heavy Industries Co., Ltd. (HHI) and Hyundai Corporation, USA (Hyundai
USA) (collectively, Hyundai) filed a ministerial error allegation.\3\
On April 3, 2015, Hyosung Corporation and HICO America Sales and
Technology, Inc. (collectively, Hyosung) submitted comments in reply to
Petitioner's allegation.\4\ Based on our analysis of these allegations,
we made changes to the calculation of the
[[Page 26002]]
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:
Final Results of Antidumping Duty Administrative Review; 2012-2013,
80 FR 17034 (March 31, 2015) (Final Results).
\2\ See Letter from Petitioner to the Department,
``Administrative Review of Large Power Transformers from Korea--
Petitioner's Allegation on Ministerial Errors in the Department's
Final Margin Calculation'' dated March 30, 2015.
\3\ See Letter from Hyundai to the Department, ``Antidumping
Administrative Review of Large Power Transformers from Korea
Ministerial Error Comments'' dated March 30, 2015.
\4\ See Letter from Hyosung to the Department, ``Large Power
Transformers from the Republic of Korea: Reply to Petitioner's
Allegation of Ministerial Errors'' (April 3, 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
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 we made a ministerial error within the
meaning of 19 CFR 351.224(f) with respect to one expense field. For
sales of multiple units, the Department inadvertently used the total
amounts of the expense for the relevant sales rather than the per-unit
amounts. No other party commented on this issue.
With respect to Petitioner's allegation that in the Department's
margin program, the Department erred by failing to include all U.S.
selling expenses in calculating the amount of CEP profit to deduct in
its determination of the net U.S. price, the Department agrees that
this is a ministerial error. However, for reasons outlined in the
accompanying ministerial error memorandum and in the calculation
memoranda,\5\ the Department has revised its CEP expense calculation
using programming language that differs from that suggested by
Petitioner in order to properly calculate CEP profit, net U.S. price,
and normal value.
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\5\ See Memoranda entitled ``Amended Final Results of the
Antidumping Duty Administrative Review of Large Power Transformers
from the Republic of Korea; 2012-2013: Allegations of Ministerial
Errors''; ``Analysis of Data Submitted by Hyosung Corporation in the
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 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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Hyosung argues that the Department should reject Petitioner's
allegation on the grounds that Petitioner could have raised the
allegation in its case brief and it is, therefore, now untimely.
Hyosung also argues that it is a belated attempt to raise a
methodological issue with respect to the Department's calculations.
Nevertheless, we find that we made an inadvertent error in not using
the correct calculation string with respect to CEP expenses, and
therefore, are correcting and amending the final results of review in
accordance with section 751(h) of the Act and 19 CFR 351.224(e). As a
result, the weighted-average dumping margin for Hyosung changes from
6.43 percent to 9.09 percent, and for Hyundai changes from 9.53 percent
to 13.82 percent. Furthermore, the rate for the respondents not
selected for individual examination, which is based on the weighted-
average of the two respondents selected for individual examination,
changes from 8.16 percent to 11.73 percent.\6\
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\6\ The rate applied to the non-selected companies (i.e., ILJIN,
ILJIN Electric, and LSIS) is a weighted-average percentage margin
calculated based on the publicly-ranged U.S. volumes of the two
reviewed companies (both of which are affirmative dumping margins),
for the period February 16, 2012, through July 31, 2013. See
Memorandum to the File titled, ``Large Power Transformers from the
Republic of Korea: Amended Final Dumping Margin for Respondents Not
Selected for Individual Examination,'' through Angelica Townshend,
Program Manager, dated concurrently with this notice.
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All Other's Rate
The Department, in the Final Results, inadvertently stated ``the
cash deposit rate for all other manufacturers or exporters will
continue to be 29.93 percent, the all-others rate established in the
antidumping investigation.'' \7\ This should have read: ``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.'' \8\
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\7\ See Final Results, 80 FR at 17036.
\8\ See Large Power Transformers From the Republic of Korea:
Antidumping Duty Order, 77 FR 53177 (August 31, 2012).
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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:
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Weighted-average
Company dumping margin
(percent)
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Hyosung Corporation.................................. 9.09
Hyundai Heavy Industries Co., Ltd.................... 13.82
ILJIN Electric Co., Ltd.............................. 11.73
ILJIN................................................ 11.73
LSIS Co., Ltd........................................ 11.73
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Disclosure
We will disclose the calculation memoranda used in our analysis to
parties to this proceeding within five days of the date of the public
announcement of these amended final results pursuant to 19 CFR
351.224(b).
Duty Assessment
The Department shall determine and U.S. Customs and Border
Protection (CBP) shall assess antidumping duties on all appropriate
entries.\9\ 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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\9\ 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
[[Page 26003]]
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.\10\ 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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\10\ 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 because of
the preliminary injunction that was issued after the issuance of the
Final Results. See CBP Message Number 5111304.
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 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.\11\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\11\ 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: April 28, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-10512 Filed 5-5-15; 8:45 am]
BILLING CODE 3510-DS-P