[Federal Register Volume 59, Number 67 (Thursday, April 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8380]
[[Page Unknown]]
[Federal Register: April 7, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
[A-475-031]
Large Power Transformers From Italy; Preliminary Results of
Antidumping Duty Administrative Review
AGENCY: International Trade Administration/Import Administration,
Commerce.
ACTION: Notice of preliminary results of antidumping duty
administrative review.
-----------------------------------------------------------------------
SUMMARY: In response to a request by the petitioner, the Department of
Commerce is conducting an administrative review of the antidumping
finding on large power transformers from Italy. The review covers
exports of one manufacturer of this merchandise to the United States
during the period from June 1, 1992, through May 31, 1993. As a result
of the review, the Department has preliminarily determined that no
dumping margins exist for the respondent. Interested parties are
invited to comment on these preliminary results.
EFFECTIVE DATE: April 7, 1994.
FOR FURTHER INFORMATION CONTACT: Joseph Hanley 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, 1993, the Department of Commerce (the Department)
published a notice of ``Opportunity to Request Administrative Review''
(58 FR 31941). The petitioner requested this administrative review on
June 28, 1993. We initiated the review on July 21, 1993 (58 FR 39007),
covering the period June 1, 1992, through May 31, 1993. 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 one manufacturer/exporter of transformers, Tamini
Costruzioni Elettromeccaniche (Tamini), during the period June 1, 1992,
through May 31, 1993.
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 to the Italian port 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 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, warranty expenses and direct bank charges. 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.
Preliminary Results of Review
As a result of our comparison of United States price 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, 1992 through May 31, 1993.
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 shall 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.
The cash deposit rate for all other manufacturers or exporters will
be 92.47 percent. On May 25, 1993, the Court of International Trade
(CIT) in Floral Trade Council v. United States, Slip Op. 93-79, and
Federal-Mogul Corporation v. United States, Slip Op. 93-83, decided
that once an ``all others'' rate is established, it can only be changed
through an administrative review. The Department has determined that in
order to implement these decisions, it is appropriate to reinstate the
original ``all others'' rate from the LTFV investigation (or that rate
as amended for correction of clerical errors or as a result of
litigation) in proceedings governed by antidumping duty orders as the
``all others'' rate for cash deposits in all current and future
administrative reviews. In proceedings governed by antidumping
findings, unless we are able to ascertain the ``all others'' rate from
the Treasury LTFV investigation, the Department has determined that it
is appropriate to adopt the ``new shipper'' rate established in the
first final results of administrative review published by the
Department (or that rate as amended for correction of clerical errors
or as a result of litigation) as the ``all others'' rate for the
purposes of establishing cash deposits in all current and future
administrative reviews.
Because this proceeding is governed by an antidumping finding, and
we are unable to ascertain the ``all others'' rate from the Treasury
LTFV investigation, the Department has determined that it is
appropriate to adopt the ``new shipper'' rate of 92.47 percent
established in the first final results published by the Department in
the Federal Register on August 6, 1984, (49 FR 31313).
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: March 31, 1994.
Paul L. Joffe,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 94-8380 Filed 4-6-94; 8:45 am]
BILLING CODE 3510-DS-P
