[Federal Register Volume 87, Number 61 (Wednesday, March 30, 2022)]
[Notices]
[Pages 18356-18358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06733]


-----------------------------------------------------------------------

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; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) is amending its final 
results in the administrative review of the antidumping duty order on 
large power transformers (LPTs) from the Republic of Korea (Korea) for 
the period August 1, 2019, through July 31, 2020, to correct a 
ministerial error.

DATES: Applicable March 30, 2022.

FOR FURTHER INFORMATION CONTACT: John Drury, AD/CVD Operations, Office 
VI, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401

[[Page 18357]]

Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
0195.

SUPPLEMENTARY INFORMATION:

Background

    On March 8, 2022, Commerce published the final results of the 2019-
2020 administrative review of LPTs from Korea.\1\ On March 7, 2022, 
Commerce received a timely filed allegation from Hitachi Energy USA, 
Inc. and Prolec-GE Waukesha, Inc. (the petitioners) that Commerce made 
a ministerial error in the Final Results of the above-referenced 
administrative review with regard to its calculation of the final 
dumping margin for respondent Hyosung Heavy Industries Corporation, 
Inc. (Hyosung).\2\ Based on our analysis of the allegation, we 
determine that we made a ministerial error and we made changes to the 
calculation of the weighted-average dumping margin for Hyosung and for 
the non-individually examined respondents.\3\
---------------------------------------------------------------------------

    \1\ See Large Power Transformers from the Republic of Korea: 
Final Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2019-2020, 87 FR 12932 (March 8, 
2022) (Final Results), and accompanying Issues and Decision 
Memorandum.
    \2\ See Petitioners' Letter, ``Large Power Transformers from 
Korea--Petitioners' Allegation of a Ministerial Error in the Final 
Results,'' dated March 7, 2022 (Ministerial Allegation Letter).
    \3\ See Memorandum ``Ministerial Error Memorandum for the 
Amended Final Results of the 2019-2020 Administrative Review of the 
Antidumping Duty Order on Large Power Transformers from the Republic 
of Korea,'' dated concurrently with this notice (Ministerial Error 
Memorandum).
---------------------------------------------------------------------------

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.''
    The petitioners argue that Commerce failed to fully implement 
certain changes that the record indicates, and Commerce recognized, 
were necessary for one U.S. sale, to account for the proper reporting 
of service-related revenues. We agree with the petitioners and, 
therefore, we have corrected the error.\4\ As a result, the weighted-
average dumping margin for Hyosung changes from 7.92 percent to 9.09 
percent. Furthermore, the rate for the respondents not selected for 
individual examination, which is based on the margin calculated for 
Hyosung, also changes from 7.92 percent to 9.09 percent.\5\
---------------------------------------------------------------------------

    \4\ See Ministerial Error Memorandum at 3.
    \5\ The rate applied to the non-selected companies is based on 
Hyosung's dumping margin for the period August 1, 2019, through July 
31, 2020, as no other company was selected for review. See Final 
Results at 12932.
---------------------------------------------------------------------------

Amended Final Results of Review

    Commerce determines that the following amended weighted-average 
dumping margins exist for the period August 1, 2019, through July 31, 
2020:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Hyosung Heavy Industries Corporation........................        9.09
Hyundai Electric & Energy Systems Co., Ltd..................        9.09
Iljin Electric Co., Ltd.....................................        9.09
Iljin.......................................................        9.09
------------------------------------------------------------------------

Disclosure

    We will disclose the calculation memorandum used in our analysis to 
parties to this segment of the proceeding within five days of the date 
of the publication of these amended final results pursuant to 19 CFR 
351.224(b).

Assessment Rate

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), 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 these amended final 
results of the administrative review.
    In accordance with 19 CFR 351.212(b)(1), Hyosung reported the 
entered value of its U.S. sales such that we calculated importer-
specific ad valorem antidumping duties assessment rates based on the 
ratio of the total amount of dumping calculated for the examined sales 
for each importer to the total entered value of the sales for each 
importer. Where an importer-specific antidumping duties assessment rate 
is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), 
Commerce will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties. Commerce's ``automatic assessment'' will 
apply to entries of subject merchandise during the period of review 
produced by companies included in these final results of review for 
which the reviewed companies did not know that the merchandise they 
sold to the intermediary (e.g., a reseller, trading company, or 
exporter) 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.\6\
---------------------------------------------------------------------------

    \6\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    For the companies which were not selected for individual 
examination, we will instruct CBP to assess antidumping duties at an ad 
valorem assessment rate equal to the weighted-average dumping margins 
determined in these amended final results.
    The amended final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the amended final results of this review and for future deposits of 
estimated duties, where applicable.\7\ Consistent with its recent 
notice,\8\ Commerce intends to

[[Page 18358]]

issue appropriate assessment instructions directly to CBP no earlier 
than 35 days after the date of publication of the amended final results 
of this review in the Federal Register. If a timely summons is filed at 
the U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).
---------------------------------------------------------------------------

    \7\ See section 751(a)(2)(C) of the Act.
    \8\ See Notice of Discontinuation of Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective 
retroactively for all shipments of subject merchandise that entered, or 
were withdrawn from warehouse, for consumption on or after March 8, 
2022, the date of publication of the Final Results of this 
administrative review, as provided by section 751(a)(2)(C) of the Act: 
(1) The cash deposit rate for respondents noted above will be equal to 
the weighted-average dumping margins established in the amended 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.\9\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \9\ 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 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).

    Dated: March 23, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-06733 Filed 3-29-22; 8:45 am]
BILLING CODE 3510-DS-P