90 FR 66 pgs. 15135-15136 - Large Power Transformers From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2022-2023
Type: NOTICEVolume: 90Number: 66Pages: 15135 - 15136
Pages: 15135, 15136Docket number: [A-580-867]
FR document: [FR Doc. 2025-05960 Filed 4-7-25; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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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; 2022-2023
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) determines that Iljin Electric Co., Ltd. (Iljin) made sales of large power transformers from the Republic of Korea (Korea) at less than normal value (NV) during the period of review (POR) August 1, 2022, through July 31, 2023. Commerce also continues to determine that HD Hyundai Electric Co., Ltd. (Hyundai) did not make sales of large power transformers from Korea at prices at less than NV during the POR.
DATES:
Applicable April 8, 2025.
FOR FURTHER INFORMATION CONTACT:
John Drury or Jinny Ahn, 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) 482-0339, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 13, 2024, Commerce published the Preliminary Results and invited interested parties to comment on the Preliminary Results . 1 On December 9, 2024, Commerce tolled the deadline to issue the final results in this administrative review by 90 days. 2 Accordingly, the deadline for these final results is now April 11, 2025. Commerce conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). A summary of the events that occurred since Commerce published these Preliminary Results, as well as a full discussion of the issues raised by parties for these final results, may be found in the Issues and Decision Memorandum. 3
Footnotes:
1 ? See Large Power Transformers from the Republic of Korea: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review, 2022-2023, 89 FR 74869 (September 13, 2024) ( Preliminary Results ), and accompanying Preliminary Decision Memorandum.
2 ? See Memorandum, "Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings," dated December 9, 2024.
3 ? See Memorandum, "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; 2022-2023," dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
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 . In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx .
Scope of the Order? 4
Footnotes:
4 ? See Large Power Transformers from the Republic of Korea: Antidumping Duty Order, 77 FR 53177 (August 31, 2012) ( Order ).
The scope of the Order covers large liquid dielectric power transformers 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. For a complete description of the scope of the order, see the accompanying Issues and Decision Memorandum.
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 the appendix to this notice.
Changes Since the Preliminary Results
Based on our review of the record and comments received from interested parties, we made certain changes to the margin calculations for Iljin for these final results of review. 5 As a result of these changes, the weighted-average dumping margin also changes for the companies subject to this review, but not selected for individual examination.
Footnotes:
5 ? See Issues and Decision Memorandum at Comments 1 and 2; see also Memorandum, "Analysis of Data Submitted by ILJIN Electric Co., Ltd. in the Final Results of the 2022-2023 Administrative Review of the Antidumping Duty Order on Large Power Transformers from the Republic of Korea," dated concurrently with this notice.
Rates for Non-Selected Respondents
The Act and Commerce's regulations do not address the establishment of a rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in a market economy investigation, for guidance when calculating the rate for companies which were not selected for individual examination in an administrative review. Under section 735(c)(5)(A) of the Act, the all-others rate is normally "an amount equal to the weighted average of the estimated weighted average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely {on the basis of facts available}."
[top] For these final results, we continue to calculate a weighted-average dumping margin for Iljin that is not zero, de
Final Results of Review
We determine that the following estimated weighted-average dumping margins exist for the period August 1, 2022, through July 31, 2023:
| Producer/exporter | Weighted- average dumping margin (percent) |
|---|---|
| HD Hyundai Electric Co., Ltd | 0.00 |
| Iljin Electric Co., Ltd. 6 | 16.87 |
| LS Electric Co., Ltd | 16.87 |
Disclosure
We intend to disclose the calculations performed to parties in this proceeding within five days after the date of publication in the Federal Register of these final results of review, in accordance with 19 CFR 351.224(b).
Footnotes:
6 ?In the Preliminary Results, we stated that the current administrative review is the first review in which either Iljin Electric Co., Ltd. or ILJIN was selected for individual examination and that record evidence indicates that Iljin Electric Co., Ltd. is the only entity in Korea with the Iljin name that produces LPTs. See Letter, "Response to the Department's March 29 Supplemental Questionnaire," dated April 26, 2024 (Iljin SAQR), at page 2. Therefore, we preliminarily found that ILJIN and Iljin Electric Co., Ltd. are the same entity and invited comments. No party commented on this issue. Therefore, for these final results, we find that ILJIN and Iljin Electric Co., Ltd. are the same entity.
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1), Commerce shall determine, 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. 7
Footnotes:
7 ?In these final results, Commerce 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).
For entries of subject merchandise during the POR produced by Hyundai and Iljin for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate in the less-than-fair-value investigation if there is no rate for the intermediate company(ies) involved in the transaction. 8 For the companies that were not selected for individual examination, we will instruct CBP to liquidate entries at the rates established in these final results of review.
Footnotes:
8 ? See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
Commerce intends to issue appropriate assessment instructions to CBP no earlier than 35 days after the date of publication of the 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).
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 rates for the companies subject to this review 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. 9 These cash deposit requirements, when imposed, shall remain in effect until further notice.
Footnotes:
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 duties prior to liquidation of the relevant entries during the POR. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping 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 an administrative protective order (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: April 1, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Ministerial Error Allegation
Comment 2: Treatment of Certain Components and Accessories
Comment 3: Whether Commerce Should Treat Iljin's Reported Commissions as Constructed Export Price Expenses
Comment 4: Whether Commerce Should Allocate a Portion of Iljin's Indirect Selling Expenses to Iljin's U.S. Affiliate
Comment 5: Short-Term Interest Rate for Iljin's Imputed Credit Expenses
Comment 6: Whether Commerce Should Make Certain Changes to its Cash Deposit and Liquidation Instructions
VI. Recommendation
[FR Doc. 2025-05960 Filed 4-7-25; 8:45 am]
BILLING CODE 3510-DS-P