Large Power Transformers From France; Preliminary Results of Antidumping Administrative Review

DEPARTMENT OF COMMERCE

A-427-030

Large Power Transformers From France; Preliminary Results of

Antidumping Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of preliminary results of the antidumping duty

administrative review; large power transformers from France.

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SUMMARY: The Department of Commerce (the Department) is conducting an

administrative review of the antidumping duty finding on large

[[Page 21500]] power transformers (LPTs) from France in response to a

request by respondent, Jeumont Schneider Transformateurs (JST). This

review covers shipments of this merchandise to the United States during

the period June 1, 1993 through May 31, 1994.

We have preliminarily determined that sales have been made below

the foreign market value (FMV). If these preliminary results are

adopted in our final results, we will instruct U.S. Customs to assess

antidumping duties equal to the differences between the United States

price (USP) and FMV. We have preliminarily found a dumping margin of

1.50 percent for JST.

Interested parties are invited to comment on these preliminary

results.

EFFECTIVE DATE: May 2, 1995.

FOR FURTHER INFORMATION CONTACT: Donald Little, Elisabeth Urfer, or

Maureen Flannery, Office of Antidumping Compliance, Import

Administration, International Trade Administration, U.S. Department of

Commerce, 14th Street and Constitution Avenue, N.W., Washington D.C.

20230; telephone (202) 482-4733.

SUPPLEMENTARY INFORMATION:

Background

The Treasury Department published in the Federal Register an

antidumping finding on LPTs from France on June 14, 1972 (37 FR 11772).

On June 7, 1994, we published in the Federal Register (59 FR 29411) a

notice of opportunity to request an administrative review of the

antidumping finding on LPTs from France covering the period June 1,

1993 through May 31, 1994.

In accordance with 19 CFR 353.22(a), JST requested that we conduct

an administrative review of its sales. We published a notice of

initiation of this antidumping duty administrative review on July 15,

1994 (59 FR 36160). The Department is conducting this administrative

review in accordance with section 751 of the Tariff Act of 1930, as

amended (the Act).

Scope of Review

Imports covered by the review are shipments of 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.

This review covers one manufacturer/exporter of transformers, JST,

and the period June 1, 1993 through May 31, 1994.

Verification

We conducted verification of JST's questionnaire response in Lyons,

France, from March 6 through March 10, 1995.

United States Price

For sales made by JST we based the USP on purchase price, in

accordance with section 772(b) of the Act, because the subject

merchandise was sold to unrelated purchasers in the United States prior

to importation into the United States.

JST requested that we include in this review two purchase price

sales that entered during the period of review (POR), and one purchase

price sale which was sold during the POR, but which entered the United

States after the POR. Due to the timing of this third shipment, we were

unable to verify certain relevant data pertaining to this sale (see the

proprietary memorandum to the file dated April 5, 1995). Therefore, we

did not include this sale in our analysis for these preliminary

results.

We calculated purchase price based on the delivered price to

unrelated purchasers. We made deductions for ocean freight, foreign

inland freight, U.S. inland freight, U.S. duty, ocean freight, and,

where applicable, air freight.

Foreign Market Value

We preliminarily determine that there are no home market or third

country sales of comparable merchandise. Therefore, in accordance with

section 773(a)(2) of the Act, we used constructed value (CV) to

calculate FMV for JST.

CV consists of the cost of materials, labor, fabrication, general

expenses, profit, and packing. We used: (1) Actual general expenses or

the statutory minimum of 10 percent of materials and fabrication,

whichever was greater; (2) actual profit or the statutory minimum of 8

percent of materials and fabrication costs and general expenses,

whichever was greater; and (3) packing costs for merchandise exported

to the United States. We made a circumstance-of-sale adjustment by

deducting from CV home market direct selling expenses, i.e., warranties

and commissions, and adding to CV U.S. direct selling expenses, i.e.,

commissions, selling expenses, and credit. No other adjustments were

claimed or allowed.

Preliminary Results of the Review

We preliminarily determine that the following dumping margin

exists:

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Margin

Manufacturer/Exporter Time period (percent)

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Jeumont Schneider Transformateurs........ 6/1/93-5/31/94.... 1.50

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Parties to the proceeding may request disclosure within 5 days of

the date of publication of this notice. Any interested party may

request a hearing within 10 days of publication. Any hearing, if

requested, will be held 44 days after the publication of this notice,

or the first workday thereafter. Interested parties may submit case

briefs within 30 days of the date of publication of this notice.

Rebuttal briefs, which must be limited to issues raised in the case

briefs, may be filed not later than 37 days after the date of

publication. The Department will publish a notice of final results of

this administrative review, which will include the results of its

analysis of issues raised in any such comments.

The Department shall determine, and the Customs Service shall

assess, antidumping duties on all appropriate entries. Individual

differences between USP and FMV may vary from the percentage stated

above. Upon completion of this review, the Department will issue

appraisement instructions directly to the Customs Service.

Furthermore, the following deposit rates will be effective upon

publication of the final results of these administrative reviews for

all shipments of LPTs from France entered, or withdrawn from warehouse,

for consumption on or after the publication date, as provided for by

section 751(a)(1) of the Act: (1) The cash deposit rate for the

reviewed company will be the rate established in the final results of

this review; (2) for previously reviewed or investigated companies not

listed above, the cash deposit rate will continue to be the company-

specific rate [[Page 21501]] 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 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; and (4) for all

other producers and/or exporters of this merchandise, the cash deposit

rate shall be 24 percent, the rate established in the first notice of

final results of administrative review published by the Department (47

FR 10268, March 10, 1982).

These deposit rates, 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 Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.

Dated: April 25, 1995.

Paul L. Joffe,

Deputy Assistant Secretary for Import Administration.

[FR Doc. 95-10782 Filed 5-1-95; 8:45 am]

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