[Federal Register Volume 60, Number 190 (Monday, October 2, 1995)]
[Notices]
[Pages 51455-51456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24435]
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DEPARTMENT OF COMMERCE
[A-475-031]
Large Power Transformers From Italy; Preliminary Results of
Antidumping Administrative Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of preliminary results of antidumping duty
administrative review.
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SUMMARY: In response to requests by the petitioner, ABB Power T&D Co.,
Inc. (ABB), and by Tamini Costruzioni Elettromeccaniche (Tamini), a
manufacturer/exporter of transformers, the Department of Commerce (the
Department) is conducting an administrative review of the antidumping
finding on large power transformers from Italy.
The review covers exports of subject merchandise by Tamini to the
United States during the period from June 1, 1993, through May 31,
1994. As a result of the review, the Department has preliminarily
determined that Tamini did not make sales at prices below foreign
market value (FMV). Interested parties are invited to comment on these
preliminary results.
EFFECTIVE DATE: October 2, 1995.
FOR FURTHER INFORMATION CONTACT: Andrea Chu, Kris Campbell, or Michael
R. Rill, Office of Antidumping Compliance, International Trade
Administration, U.S. Department of Commerce, Washington, DC 20230;
telephone: (202) 482-4733.
SUPPLEMENTARY INFORMATION:
Background
On June 7, 1994, the Department published a notice of ``Opportunity
to Request Administrative Review'' (59 FR 29411). ABB and Tamini
requested administrative reviews on June 29, 1994, and June 30, 1994,
respectively. We initiated the review on July 15, 1994 (59 FR 36160),
covering the period June 1, 1993, through May 31, 1994. The Department
is conducting this review in accordance with section 751 of the Tariff
Act of 1930, as amended (the Tariff Act).
Scope of the Review
Imports covered by the review are shipments of large power
transformers (LPTs); that is, all types of transformers rated 10,000
kVA (kilovolt-amperes) or above, by whatever name designated, used in
the generation, transmission, distribution, and utilization of electric
power. The term ``transformers'' includes, but is not limited to, shunt
reactors, autotransformers, rectifier transformers, and power rectifier
transformers. Not included are combination units, commonly known as
rectiformers, if the entire integrated assembly is imported in the same
shipment and entered on the same entry and the assembly has been
ordered and invoiced as a unit, without a separate price for the
transformer portion of the assembly. This merchandise is currently
classifiable under the Harmonized Tariff Schedule (HTS) item numbers
8504.22.00, 8504.23.00, 8504.34.33, 8504.40.00, and 8504.50.00. The HTS
item numbers are provided for convenience and Customs purposes. The
written description remains dispositive.
The review covers shipments of transformers by Tamini during the
period June 1, 1993, through May 31, 1994.
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute and to the
Department's regulations are references to the provisions as they
existed on December 31, 1994.
Verification
In accordance with section 776 of the Act, we conducted a
verification of the information submitted by Tamini to the Department
at Tamini's headquarters in Melegnano, Italy, from May 22-26, 1995.
United States Price
In calculating U.S. price (USP), the Department used purchase price
as defined in section 772(b) of the Tariff Act. We calculated purchase
price based on the packed price to the U.S. customer. We made
adjustments to USP for transportation expenses and duty drawback.
Foreign Market Value
For the purposes of the preliminary results, we determined that,
due to the highly customized nature of the products under review, the
LPTs sold in the United States could not reasonably be compared to any
other LPTs sold by
[[Page 51456]]
Tamini. Therefore, in accordance with section 773(a)(2) of the Tariff
Act, we calculated foreign market value based on constructed value of
the model sold in the United States.
In accordance with section 773(e) of the Tariff Act, the
constructed value includes the costs of materials and fabrication,
general expenses, profit, and packing for shipment to the United
States. Home market selling expenses were used pursuant to section
773(e)(1)(B) of the Tariff Act. Since the profit submitted by Tamini
exceeded the statutory eight percent profit, we applied the submitted
profit to the cost of production.
We made circumstance-of-sale adjustments for differences in credit
expenses, direct bank charges, warranty expenses, and technical service
expenses. Since commissions were granted only in the home market, we
offset the commission adjustment by adding U.S. indirect selling
expenses to the constructed value. Based on information contained in
Tamini's questionnaire responses and on our verification of this
information, we have determined that Tamini did not report all of its
U.S. indirect selling expenses. Therefore, we offset the full amount of
the commission adjustment as best information available.
Preliminary Results of Review
As a result of our comparison of USP to foreign market value, we
preliminarily determine that a weighted-average margin of zero percent
exists for sales of LPTs made to the United States by Tamini during the
period June 1, 1993 through May 31, 1994.
Parties to this proceeding may request disclosure within 5 days of
publication of this notice and may request a hearing within 10 days of
publication. Any hearing, if requested, will be held 44 days after the
date of publication or the first business day thereafter. Case briefs
and/or written comments from interested parties may be submitted not
later than 30 days after the date of publication of this notice.
Rebuttal briefs and rebuttals to written comments, limited to issues
raised in those comments, may be filed not later than 37 days after the
date of publication of this notice. Service of all briefs and written
comments must be in accordance with 19 CFR 353.38(e). The Department
will publish the final results of the administrative review, including
the results of its analysis of any such comments or hearing.
The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. The Department
will issue appropriate appraisement instructions directly to the
Customs Service upon completion of this review.
Furthermore, the following deposit requirements will be effective
for all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(1) of the Tariff Act: (1) The cash deposit rate for Tamini will
be the rate established in the final results of this administrative
review; (2) for previously reviewed or investigated companies not
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the original
less-than-fair-value (LTFV) investigation, but the manufacturer is, the
cash deposit rate will be the rate established for the most recent
period for the manufacturer of the merchandise; (4) the cash deposit
rate for all other manufacturers or exporters will be 92.47 percent,
which is the ``new shipper'' rate established in the first final
results of review of this finding. See Large Power Transformers from
Italy: Notice of Final Results of Administrative Review, 49 FR 31313
(August 6, 1984). For a further explanation of our policy concerning
the cash deposit rate in this case, see Large Power Transformers from
Italy: Notice of Final Results of Administrative Review, 59 FR 48851
(September 23, 1994). These deposit requirements, when imposed, shall
remain in effect until publication of the final results of the next
administrative review.
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 353.26 to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This administrative review and notice are in accordance with
section 751(a)(1) of the Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR
353.22(c)(5).
Dated: September 20, 1995.
Paul L. Joffe,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 95-24435 Filed 9-29-95; 8:45 am]
BILLING CODE 3510-DS-P
