82 FR 30896 - Large Power Transformers From Korea; Institution of a Five-Year Review

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 126 (July 3, 2017)

Page Range		30896-30898
FR Document		2017-13719
The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping duty order on large power transformers from Korea would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.
Federal Register, Volume 82 Issue 126 (Monday, July 3, 2017)
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30896-30898]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13719]


=======================================================================
-----------------------------------------------------------------------

 INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1189 (Review)]


Large Power Transformers From Korea; Institution of a Five-Year 
Review

AGENCY: United States International Trade Commission.

ACTION: Notice.

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

SUMMARY: The Commission hereby gives notice that it has instituted a 
review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to 
determine whether revocation of the antidumping duty order on large 
power transformers from Korea would be likely to lead to continuation 
or recurrence of material injury. Pursuant to the Act, interested 
parties are requested to respond to this notice by submitting the 
information specified below to the Commission.

DATES: Effective July 3, 2017. To be assured of consideration, the 
deadline for responses is August 2, 2017. Comments on the adequacy of 
responses may be filed with the Commission by September 14, 2017.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its internet server 
(https://www.usitc.gov). The public record for this proceeding may be 
viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--On August 31, 2012, the Department of Commerce issued 
an antidumping duty order on imports of large power transformers from 
Korea (77 FR 53177). The Commission is conducting a review pursuant to 
section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to determine 
whether revocation of the order would be likely to lead to continuation 
or recurrence of material injury to the domestic industry within a 
reasonably foreseeable time. Provisions concerning the conduct of this 
proceeding may be found in the Commission's Rules of Practice and 
Procedure at 19 CFR parts 201, subparts A and B and 19 CFR part 207, 
subparts A and F. The Commission will assess the adequacy of interested 
party responses to this notice of institution to determine whether to 
conduct a full review or an expedited review. The Commission's 
determination in any expedited review will be based on the facts 
available, which may include information provided in response to this 
notice.
    Definitions.--The following definitions apply to this review:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year review, as defined by the Department 
of Commerce.
    (2) The Subject Country in this review is Korea.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determination, the Commission found a single Domestic Like Product 
consisting of large power transformers coextensive with Commerce's 
scope of the investigation.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determination, the 
Commission defined the Domestic Industry as all domestic producers of 
large power transformers.
    (5) The Order Date is the date that the antidumping duty order 
under review became effective. In this review, the Order Date is August 
31, 2012.
    (6) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the proceeding and public service list.--Persons, 
including industrial users of the Subject Merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the proceeding as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the proceeding.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are advised that they may appear in a review even if 
they participated personally and substantially in the corresponding 
underlying original investigation or an earlier review of the same 
underlying investigation. The Commission's designated agency ethics 
official has advised that a five-year review is not the same particular 
matter as the underlying original investigation, and a five-year review 
is not the same particular matter as an earlier review of the same 
underlying investigation for purposes of 18 U.S.C. 207, the post 
employment statute for Federal employees, and Commission rule 201.15(b) 
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 
2008). Consequently, former employees are not required to seek 
Commission approval to appear in a review under Commission rule 19 CFR 
201.15, even if the corresponding underlying original investigation or 
an earlier review of the same underlying investigation was pending when 
they were Commission employees. For further ethics advice on this 
matter, contact Charles Smith, Deputy Agency Ethics Official, at 202-
205-3408.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in this proceeding available to authorized 
applicants under the APO issued in the proceeding, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the proceeding. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Certification.--Pursuant to section 207.3 of the Commission's 
rules, any person submitting information to the Commission in 
connection with this proceeding must certify that the information is 
accurate and complete to the best of the submitter's knowledge. In 
making the certification, the submitter will acknowledge that 
information submitted in response to this request for information and 
throughout this proceeding or other proceeding may be

[[Page 30897]]

disclosed to and used: (i) By the Commission, its employees and 
Offices, and contract personnel (a) for developing or maintaining the 
records of this or a related proceeding, or (b) in internal 
investigations, audits, reviews, and evaluations relating to the 
programs, personnel, and operations of the Commission including under 5 
U.S.C. Appendix 3; or (ii) by U.S. government employees and contract 
personnel, solely for cybersecurity purposes. All contract personnel 
will sign appropriate nondisclosure agreements.
    Written submissions.--Pursuant to section 207.61 of the 
Commission's rules, each interested party response to this notice must 
provide the information specified below. The deadline for filing such 
responses is August 2, 2017. Pursuant to section 207.62(b) of the 
Commission's rules, eligible parties (as specified in Commission rule 
207.62(b)(1)) may also file comments concerning the adequacy of 
responses to the notice of institution and whether the Commission 
should conduct an expedited or full review. The deadline for filing 
such comments is September 14, 2017. All written submissions must 
conform with the provisions of section 201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of sections 201.6, 207.3, and 207.7 of the Commission's 
rules. The Commission's Handbook on E-Filing, available on the 
Commission's Web site at https://edis.usitc.gov, elaborates upon the 
Commission's rules with respect to electronic filing. Also, in 
accordance with sections 201.16(c) and 207.3 of the Commission's rules, 
each document filed by a party to the proceeding must be served on all 
other parties to the proceeding (as identified by either the public or 
APO service list as appropriate), and a certificate of service must 
accompany the document (if you are not a party to the proceeding you do 
not need to serve your response).
    No response to this request for information is required if a 
currently valid Office of Management and Budget (``OMB'') number is not 
displayed; the OMB number is 3117 0016/USITC No. 17-5-389, expiration 
date June 30, 2020. Public reporting burden for the request is 
estimated to average 15 hours per response. Please send comments 
regarding the accuracy of this burden estimate to the Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436.
    Inability to provide requested information.--Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in 
making its determination in the review.
    Information To Be Provided in Response to This Notice of 
Institution: As used below, the term ``firm'' includes any related 
firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is an 
interested party under 19 U.S.C. 1677(9) and if so, how, including 
whether your firm/entity is a U.S. producer of the Domestic Like 
Product, a U.S. union or worker group, a U.S. importer of the Subject 
Merchandise, a foreign producer or exporter of the Subject Merchandise, 
a U.S. or foreign trade or business association (a majority of whose 
members are interested parties under the statute), or another 
interested party (including an explanation). If you are a union/worker 
group or trade/business association, identify the firms in which your 
workers are employed or which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping duty order on the Domestic Industry in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of subject imports, likely price effects of 
subject imports, and likely impact of imports of Subject Merchandise on 
the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in the 
Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries since the Order 
Date.
    (7) A list of 3-5 leading purchasers in the U.S. market for the 
Domestic Like Product and the Subject Merchandise (including street 
address, World Wide Web address, and the name, telephone number, fax 
number, and Email address of a responsible official at each firm).
    (8) A list of known sources of information on national or regional 
prices for the Domestic Like Product or the Subject Merchandise in the 
U.S. or other markets.
    (9) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 2016, except as noted (report quantity 
data in megavolt-amperes (``MVA'') and value data in U.S. dollars, 
f.o.b. plant). If you are a union/worker group or trade/business 
association, provide the information, on an aggregate basis, for the 
firms in which your workers are employed/which are members of your 
association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) capacity (quantity) of your firm to produce the Domestic Like 
Product (that is, the level of production that your establishment(s) 
could reasonably have expected to attain during the year, assuming 
normal operating conditions (using equipment and machinery in place and 
ready to operate), normal operating levels (hours per week/weeks per 
year), time for downtime, maintenance, repair, and cleanup, and a 
typical or representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently

[[Page 30898]]

completed fiscal year (identify the date on which your fiscal year 
ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2016 (report quantity data in MVA and 
value data in U.S. dollars). If you are a trade/business association, 
provide the information, on an aggregate basis, for the firms which are 
members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping duties) of U.S. imports and, if known, an estimate of the 
percentage of total U.S. imports of Subject Merchandise from the 
Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. commercial shipments of Subject Merchandise imported 
from the Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. internal consumption/company transfers of Subject 
Merchandise imported from the Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2016 (report quantity 
data in MVA and value data in U.S. dollars, landed and duty-paid at the 
U.S. port but not including antidumping duties). If you are a trade/
business association, provide the information, on an aggregate basis, 
for the firms which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in the Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in the Subject Country (that is, the level of production 
that your establishment(s) could reasonably have expected to attain 
during the year, assuming normal operating conditions (using equipment 
and machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Country since the Order Date, and 
significant changes, if any, that are likely to occur within a 
reasonably foreseeable time. Supply conditions to consider include 
technology; production methods; development efforts; ability to 
increase production (including the shift of production facilities used 
for other products and the use, cost, or availability of major inputs 
into production); and factors related to the ability to shift supply 
among different national markets (including barriers to importation in 
foreign markets or changes in market demand abroad). Demand conditions 
to consider include end uses and applications; the existence and 
availability of substitute products; and the level of competition among 
the Domestic Like Product produced in the United States, Subject 
Merchandise produced in the Subject Country, and such merchandise from 
other countries.
    (13) (OPTIONAL) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority:  This proceeding is being conducted under authority 
of Title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.61 of the Commission's rules.

    By order of the Commission.

    Issued: June 26, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-13719 Filed 6-30-17; 8:45 am]
 BILLING CODE 7020-02-P
30896 Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices

Dated: May 17, 2017. material injury to the domestic industry the Federal Register. The Secretary will
Pablo R. Arroyave, within a reasonably foreseeable time. maintain a public service list containing
Acting Regional Director, Mid-Pacific Region. Provisions concerning the conduct of the names and addresses of all persons,
[FR Doc. 2017–13926 Filed 6–30–17; 8:45 am] this proceeding may be found in the or their representatives, who are parties
BILLING CODE 4332–90–P
Commission’s Rules of Practice and to the proceeding.
Procedure at 19 CFR parts 201, subparts Former Commission employees who
A and B and 19 CFR part 207, subparts are seeking to appear in Commission
A and F. The Commission will assess five-year reviews are advised that they
INTERNATIONAL TRADE
the adequacy of interested party may appear in a review even if they
COMMISSION participated personally and
responses to this notice of institution to
[Investigation No. 731–TA–1189 (Review)] determine whether to conduct a full substantially in the corresponding
review or an expedited review. The underlying original investigation or an
Large Power Transformers From Commission’s determination in any earlier review of the same underlying
Korea; Institution of a Five-Year expedited review will be based on the investigation. The Commission’s
Review facts available, which may include designated agency ethics official has
AGENCY: United States International information provided in response to this advised that a five-year review is not the
Trade Commission. notice. same particular matter as the underlying
Definitions.—The following original investigation, and a five-year
ACTION: Notice.
definitions apply to this review: review is not the same particular matter
SUMMARY: The Commission hereby gives (1) Subject Merchandise is the class or as an earlier review of the same
notice that it has instituted a review kind of merchandise that is within the underlying investigation for purposes of
pursuant to the Tariff Act of 1930 (‘‘the scope of the five-year review, as defined 18 U.S.C. 207, the post employment
Act’’), as amended, to determine by the Department of Commerce. statute for Federal employees, and
whether revocation of the antidumping (2) The Subject Country in this review Commission rule 201.15(b) (19 CFR
duty order on large power transformers is Korea. 201.15(b)), 79 FR 3246 (Jan. 17, 2014),
from Korea would be likely to lead to (3) The Domestic Like Product is the 73 FR 24609 (May 5, 2008).
continuation or recurrence of material domestically produced product or Consequently, former employees are not
injury. Pursuant to the Act, interested products which are like, or in the required to seek Commission approval
parties are requested to respond to this absence of like, most similar in to appear in a review under Commission
notice by submitting the information characteristics and uses with, the rule 19 CFR 201.15, even if the
specified below to the Commission. Subject Merchandise. In its original corresponding underlying original
determination, the Commission found a investigation or an earlier review of the
DATES: Effective July 3, 2017. To be
single Domestic Like Product consisting same underlying investigation was
assured of consideration, the deadline
of large power transformers coextensive pending when they were Commission
for responses is August 2, 2017.
with Commerce’s scope of the employees. For further ethics advice on
Comments on the adequacy of responses
investigation. this matter, contact Charles Smith,
may be filed with the Commission by (4) The Domestic Industry is the U.S. Deputy Agency Ethics Official, at 202–
September 14, 2017. producers as a whole of the Domestic 205–3408.
FOR FURTHER INFORMATION CONTACT: Like Product, or those producers whose Limited disclosure of business
Mary Messer (202–205–3193), Office of collective output of the Domestic Like proprietary information (BPI) under an
Investigations, U.S. International Trade Product constitutes a major proportion administrative protective order (APO)
Commission, 500 E Street SW., of the total domestic production of the and APO service list.—Pursuant to
Washington, DC 20436. Hearing- product. In its original determination, section 207.7(a) of the Commission’s
impaired persons can obtain the Commission defined the Domestic rules, the Secretary will make BPI
information on this matter by contacting Industry as all domestic producers of submitted in this proceeding available
the Commission’s TDD terminal on 202– large power transformers. to authorized applicants under the APO
205–1810. Persons with mobility (5) The Order Date is the date that the issued in the proceeding, provided that
impairments who will need special antidumping duty order under review the application is made no later than 21
assistance in gaining access to the became effective. In this review, the days after publication of this notice in
Commission should contact the Office Order Date is August 31, 2012. the Federal Register. Authorized
of the Secretary at 202–205–2000. (6) An Importer is any person or firm applicants must represent interested
General information concerning the engaged, either directly or through a parties, as defined in 19 U.S.C. 1677(9),
Commission may also be obtained by parent company or subsidiary, in who are parties to the proceeding. A
accessing its internet server (https:// importing the Subject Merchandise into separate service list will be maintained
www.usitc.gov). The public record for the United States from a foreign by the Secretary for those parties
this proceeding may be viewed on the manufacturer or through its selling authorized to receive BPI under the
Commission’s electronic docket (EDIS) agent. APO.
at https://edis.usitc.gov. Participation in the proceeding and Certification.—Pursuant to section
SUPPLEMENTARY INFORMATION: public service list.—Persons, including 207.3 of the Commission’s rules, any
Background.—On August 31, 2012, industrial users of the Subject person submitting information to the
the Department of Commerce issued an Merchandise and, if the merchandise is Commission in connection with this
antidumping duty order on imports of sold at the retail level, representative proceeding must certify that the
sradovich on DSK3GMQ082PROD with NOTICES

large power transformers from Korea (77 consumer organizations, wishing to information is accurate and complete to
FR 53177). The Commission is participate in the proceeding as parties the best of the submitter’s knowledge. In
conducting a review pursuant to section must file an entry of appearance with making the certification, the submitter
751(c) of the Act, as amended (19 U.S.C. the Secretary to the Commission, as will acknowledge that information
1675(c)), to determine whether provided in section 201.11(b)(4) of the submitted in response to this request for
revocation of the order would be likely Commission’s rules, no later than 21 information and throughout this
to lead to continuation or recurrence of days after publication of this notice in proceeding or other proceeding may be

VerDate Sep<11>2014 17:53 Jun 30, 2017 Jkt 241001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\03JYN1.SGM 03JYN1
Document Created: 2018-11-14 10:19:33
Document Modified: 2018-11-14 10:19:33
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Effective July 3, 2017. To be assured of consideration, the deadline for responses is August 2, 2017. Comments on the adequacy of responses may be filed with the Commission by September 14, 2017.
Contact		Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205- 1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this proceeding may be viewed on the Commission's electronic docket (EDIS) at https:// edis.usitc.gov.
FR Citation		82 FR 30896