82_FR_42461 82 FR 42289 - Large Power Transformers From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016

82 FR 42289 - Large Power Transformers From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 172 (September 7, 2017)

Page Range42289-42291
FR Document2017-18998

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on large power transformers (LPTs) from the Republic of Korea (Korea). The period of review is August 1, 2015, through July 31, 2016. The review covers five producers/exporters of the subject merchandise. We preliminarily determine that Hyosung Corporation (Hyosung) and Hyundai Heavy Industries Co., Ltd. (Hyundai), the two companies selected for individual examination, sold subject merchandise in the United States at prices below normal value during the period of review. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 82 Issue 172 (Thursday, September 7, 2017)
[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Notices]
[Pages 42289-42291]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18998]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-867]


Large Power Transformers From the Republic of Korea: Preliminary 
Results of Antidumping Duty Administrative Review; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on large power 
transformers (LPTs) from the Republic of Korea (Korea). The period of 
review is August 1, 2015, through July 31, 2016. The review covers five 
producers/exporters of the subject merchandise. We preliminarily 
determine that Hyosung Corporation (Hyosung) and Hyundai Heavy 
Industries Co., Ltd. (Hyundai), the two companies selected for 
individual examination, sold subject merchandise in the United States 
at prices below normal value during the period of review. Interested 
parties are invited to comment on these preliminary results.

DATES: Applicable September 7, 2017.

FOR FURTHER INFORMATION CONTACT: Moses Song or John Drury, 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) 482-5041 or (202) 482-0195, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department initiated this review on October 14, 2016.\1\ We 
selected two mandatory respondents in this review,

[[Page 42290]]

Hyosung and Hyundai. For a more detailed description of the events that 
followed the initiation of this review, see the Preliminary Decision 
Memorandum, dated concurrently with these results and hereby adopted by 
this notice.\2\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 71061 (October 14, 2016) (Initiation 
Notice); see also Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 78778, 78781 (November 9, 2016) 
(Amended Initiation Notice). We issued an amended Federal Register 
initiation notice on November 9, 2016, to reflect one company name 
that was missing from the October 14, 2016 Initiation Notice.
    \2\ See Memorandum to Gary Taverman, Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, from James Maeder, Senior Director, 
performing the duties of Deputy Assistant Secretary for Antidumping 
and Countervailing Duty Operations, entitled ``Decision Memorandum 
for Preliminary Results of Antidumping Duty Administrative Review: 
Large Power Transformers from the Republic of Korea; 2015-2016'' 
(Preliminary Decision Memorandum), dated concurrently with this 
notice.
---------------------------------------------------------------------------

    The Preliminary 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 to ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. A list of topics discussed in the Preliminary Decision 
Memorandum is attached as an Appendix to this notice. The signed 
Preliminary Decision Memorandum and the electronic versions of the 
Preliminary Decision Memorandum are identical in content.

Scope of the Order

    The scope of this 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. The merchandise subject to the 
order is currently classified in the Harmonized Tariff Schedule of the 
United States at subheadings 8504.23.0040, 8504.23.0080 and 
8504.90.9540. This tariff classification is provided for convenience 
and Customs purposes; however, the written description of the scope of 
the order is dispositive.\3\
---------------------------------------------------------------------------

    \3\ The full text of the scope of the order is contained in 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.

Facts Available

    Pursuant to section 776(a) of the Act, the Department is 
preliminarily relying upon facts otherwise available to assign an 
estimated weighted-average dumping margin to the mandatory respondents 
in this review because both respondents withheld necessary information 
that was requested by the Department, thereby significantly impeding 
the conduct of the review. Further, the Department preliminarily 
determines that these mandatory respondents failed to cooperate by not 
acting to the best of their abilities to comply with requests for 
information and, thus, the Department is applying adverse facts 
available (AFA) to the respondents, in accordance with section 776(b) 
of the Act. For a full description of the methodology underlying our 
conclusions regarding the application of AFA, see the Preliminary 
Decision Memorandum.

Rate for Non-Selected Companies

    In accordance with the U.S. Court of Appeals for the Federal 
Circuit's decision in Albemarle Corp. v. United States,\4\ we are 
applying to the non-selected companies the rate preliminarily applied 
to Hyosung and Hyundai in this administrative review.\5\ This is the 
only rate determined in this review for individual respondents and, 
thus, should be applied to the three non-selected companies under 
section 735(c)(5)(B) of the Act. For a detailed discussion, see the 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016).
    \5\ See, e.g., Certain Small Diameter Carbon and Alloy Seamless 
Standard, Line, and Pressure Pipe (Under 4\1/2\ Inches) from Japan: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2014-2015, 81 FR 45124, 
45124 (July 12, 2016), unchanged in Certain Small Diameter Carbon 
and Alloy Seamless Standard, Line, and Pressure Pipe (Under 4\1/2\ 
Inches) from Japan: Final Results of Antidumping Duty Administrative 
Review and Final Determination of No Shipments; 2014-2015, 81 FR 
80640, 80641 (November 16, 2016).
---------------------------------------------------------------------------

Preliminary Results of Review

    We preliminarily determine that, for the period August 1, 2015, 
through July 31, 2016, the following weighted-average dumping margins 
exist: \6\
---------------------------------------------------------------------------

    \6\ As AFA, we preliminarily assign Hyosung and Hyundai a 
dumping margin of 60.81 percent, an AFA rate used in the previous 
review. See Large Power Transformers from the Republic of Korea: 
Final Results of Antidumping Duty Administrative Review; 2014-2015, 
82 FR 13432 (March 13, 2017). This rate achieves the purpose of 
applying an adverse inference, i.e., it is sufficiently adverse to 
ensure that the uncooperative party does not obtain a more favorable 
result by failing to cooperate than if it had fully cooperated. 
According to 776(c)(2) of the Act, this rate does not require 
corroboration.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                     dumping margin
                                                             (percent)
------------------------------------------------------------------------
Hyosung Corporation.....................................           60.81
Hyundai Heavy Industries Co., Ltd.......................           60.81
Iljin Electric Co., Ltd.................................           60.81
Iljin...................................................           60.81
LSIS Co., Ltd...........................................           60.81
------------------------------------------------------------------------

Disclosure and Public Comment

    Normally, the Department discloses the calculations performed in 
connection with preliminary results to interested parties within five 
days after the date of publication of this notice.\7\ Because the 
Department preliminarily applied total AFA to each of the mandatory 
respondents in this review, in accordance with section 776 of the Act, 
there are no calculations to disclose.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\8\ Rebuttal briefs, the 
content of which is limited to the issues raised in the case briefs, 
must be filed within five days from the deadline date for the 
submission of case briefs.\9\ Parties who submit case or rebuttal 
briefs in this proceeding are requested to submit with each argument: 
(1) A statement of the issue; (2) a brief summary of the argument; and 
(3) a table of authorities.\10\ Case and rebuttal briefs should be 
filed using ACCESS.\11\ Case and rebuttal briefs must be served on 
interested parties.\12\ Executive summaries should be limited to five 
pages total, including footnotes.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309(c)(1)(ii).
    \9\ See 19 CFR 351.309(d)(1) and (2).
    \10\ See 19 CFR 351.309(c)(2).
    \11\ See generally 19 CFR 351.303.
    \12\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days of the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address and telephone number; (2) the number of participants; and 
(3) a list of issues parties intend to discuss. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs. If a request for a hearing is made, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington,

[[Page 42291]]

DC 20230, at a date and time to be determined.\13\ Parties should 
confirm the date, time, and location of the hearing two days before the 
scheduled date.
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    The Department intends to publish the final results of this 
administrative review, including the results of its analysis of issues 
raised in any case or rebuttal brief, no later than 120 days after 
publication of these preliminary results, unless extended.\14\
---------------------------------------------------------------------------

    \14\ See section 751(a)(3)(A) of the Act; 19 CFR 351.213(h).
---------------------------------------------------------------------------

Assessment Rates

    Upon completion of this administrative review, the Department shall 
determine, and Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries. If the preliminary 
results are unchanged for the final results, we will instruct CBP to 
apply an ad valorem assessment rate of 60.81 percent to all entries of 
subject merchandise during the period of review which were produced 
and/or exported by Hyosung, Hyundai, and the aforementioned companies 
which were not selected for individual examination.\15\ We intend to 
issue liquidation instructions to CBP 15 days after publication of the 
final results of this review.
---------------------------------------------------------------------------

    \15\ See Preliminary Decision Memorandum at ``Rate for Non-
Selected Companies'' (for an explanation of how we preliminarily 
determined the rate for non-selected companies).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review 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)(2)(C) of the Act: (1) The cash deposit rate for Hyosung and 
Hyundai and other companies listed above will be equal to the weighted-
average dumping margin 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 recently completed 
segment of this proceeding in which they were reviewed; (3) if the 
exporter is not a firm covered in this review, a prior review, or in 
the 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 merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
the all-others rate of 22.00 percent, the rate established in the 
investigation of this proceeding.\16\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \16\ See Large Power Transformers from the Republic of Korea: 
Antidumping Duty Order, 77 FR 53177 (August 31, 2012).
---------------------------------------------------------------------------

Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

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.

    Dated: August 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available and Use of Adverse Inference
    A. Application of Facts Available
    B. Use of Adverse Inference
    C. Selection and Corroboration of the Adverse Facts Available 
Rate
V. Discussion of The Issues
    A. Hyosung-Specific Issues Failure to Report Separately Service-
Related Revenues Invoice Used in last Period of Review (POR) Used in 
this POR for Different Sale Unreported Sales Adjustments
    B. Hyundai-Specific Issues Failure to Separately Report the 
Prices and Costs for Accessories Understatement of the Home Market 
Gross Unit Price Undisclosed Relationship with Hyundai's Sales Agent
    VI. Rate for Non-Selected Companies
    VII. Recommendation

[FR Doc. 2017-18998 Filed 9-6-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                            Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices                                                  42289

                                                  in their entirety through ACCESS by                       Dated: August 31, 2017.                             35. Shangong Shuangwang Rubber Co., Ltd.
                                                  5:00 p.m. Eastern Time on the due date.                 Gary Taverman,                                        36. Shengtai Group Co., Ltd.
                                                                                                          Deputy Assistant Secretary for Antidumping            37. Shouguang Firemax Tyre Co., Ltd.
                                                    Unless the deadline is extended                                                                             38. Southeast Mariner International Co., Ltd.
                                                                                                          and Countervailing Duty Operations,
                                                  pursuant to section 751(a)(3)(A) of the                                                                       39. Tyrechamp Group Co., Limited
                                                                                                          performing the non-exclusive functions and
                                                  Act, we intend to issue the final results               duties of the Assistant Secretary for                 40. Windforce Tyre Co., Limited
                                                  of this administrative review, including                Enforcement and Compliance.                           41. Zhaoqing Junhong Co., Ltd.
                                                  the results of our analysis of the issues                                                                     [FR Doc. 2017–18997 Filed 9–6–17; 8:45 am]
                                                  raised by the parties in their comments,                Appendix I
                                                                                                                                                                BILLING CODE 3510–DS–P
                                                  within 120 days after issuance of these                 List of Topics Discussed in the Preliminary
                                                  preliminary results.                                    Decision Memorandum
                                                                                                          I. Summary                                            DEPARTMENT OF COMMERCE
                                                  Assessment Rates and Cash Deposit                       II. Background
                                                  Requirement                                             III. Partial Rescission of Review                     International Trade Administration
                                                                                                          IV. Non-Selected Companies Under Review
                                                     In accordance with 19 CFR                                                                                  [A–580–867]
                                                                                                          V. Scope of the Order
                                                  351.221(b)(4)(i), we preliminarily                      VI. Application of the Countervailing Duty
                                                                                                                Law to Imports from the PRC
                                                                                                                                                                Large Power Transformers From the
                                                  assigned subsidy rates in the amounts
                                                                                                          VII. Diversification of the PRC’s Economy             Republic of Korea: Preliminary Results
                                                  shown above for the producers/
                                                                                                          VIII. Subsidies Valuation                             of Antidumping Duty Administrative
                                                  exporters shown above. Upon issuance                                                                          Review; 2015–2016
                                                                                                          IX. Interest Rate Benchmarks, Discount Rates,
                                                  of the final results, the Department shall                    Input, and Electricity Benchmarks
                                                  determine, and U.S. Customs and                         X. Use of Facts Otherwise Available and               AGENCY:  Enforcement and Compliance,
                                                  Border Protection (CBP) shall assess,                         Application of Adverse Inferences               International Trade Administration,
                                                  CVDs on all appropriate entries covered                 XI. Analysis of Programs                              Department of Commerce.
                                                  by this review. We intend to issue                      XII. Disclosure and Public Comment                    SUMMARY: The Department of Commerce
                                                                                                          XIII. Conclusion                                      (the Department) is conducting an
                                                  instructions to CBP 15 days after
                                                  publication of the final results of                     Appendix II                                           administrative review of the
                                                  review. For companies for which this                                                                          antidumping duty order on large power
                                                                                                          Non-Selected Companies Under Review
                                                  review is rescinded, the Department                                                                           transformers (LPTs) from the Republic
                                                                                                          1. American Pacific Industries, Inc.                  of Korea (Korea). The period of review
                                                  will instruct CBP to assess                             2. BC Tyre Group Limited
                                                  countervailing duties on all appropriate                                                                      is August 1, 2015, through July 31, 2016.
                                                                                                          3. Crown International Corporation
                                                  entries at a rate equal to the cash deposit             4. Fleming Limited                                    The review covers five producers/
                                                  of estimated countervailing duties                      5. Guangrao Taihua International Trade Co.,           exporters of the subject merchandise.
                                                  required at the time of entry, or                             Ltd.                                            We preliminarily determine that
                                                  withdrawal from warehouse, for                          6. Haohua Orient International Trade Ltd.             Hyosung Corporation (Hyosung) and
                                                                                                          7. Hong Kong Tiancheng Investment &                   Hyundai Heavy Industries Co., Ltd.
                                                  consumption, during the period                                Trading Co., Limited                            (Hyundai), the two companies selected
                                                  December 1, 2014, through December                      8. Jilin Jixing Tire Co., Ltd.                        for individual examination, sold subject
                                                  31, 2015, in accordance with 19 CFR                     9. Kenda Rubber (China) Co., Ltd.
                                                                                                                                                                merchandise in the United States at
                                                  351.212(c)(l)(i). The Department intends                10. Liaoning Permanent Tyre Co., Ltd.
                                                                                                          11. Macho Tire Corporation Limited                    prices below normal value during the
                                                  to issue appropriate assessment                                                                               period of review. Interested parties are
                                                  instructions directly to CBP 15 days                    12. Maxon Int’l Co., Limited
                                                                                                          13. Qingdao Crown Chemical Co., Ltd.                  invited to comment on these
                                                  after publication of this notice.                       14. Qingdao Goalstar Tire Co., Ltd.                   preliminary results.
                                                     Pursuant to section 751(a)(2)(C) of the              15. Qingdao Keter International Co., Limited          DATES: Applicable September 7, 2017.
                                                  Act, the Department also intends to                     16. Qingdao Lakesea Tyre Co., Ltd.
                                                                                                          17. Qingdao Nama Industrial Co., Ltd.                 FOR FURTHER INFORMATION CONTACT:
                                                  instruct CBP to collect cash deposits of                                                                      Moses Song or John Drury, AD/CVD
                                                                                                          18. Qingdao Odyking Tyre Co., Ltd.
                                                  estimated CVDs, in the amounts shown                    19. Qingdao Sentury Tire Co., Ltd.                    Operations, Office VI, Enforcement and
                                                  above for each of the respective                        20. Qingzhou Detai International Trading Co.,         Compliance, International Trade
                                                  companies shown above, on shipments                           Ltd.                                            Administration, U.S. Department of
                                                  of subject merchandise entered, or                      21. Riversun Industry Limited                         Commerce, 1401 Constitution Avenue
                                                  withdrawn from warehouse, for                           22. Safe&Well (HK) International Trading              NW., Washington, DC 20230; telephone:
                                                  consumption on or after the date of                           Limited
                                                                                                          23. Shandong Anchi Tyres Co., Ltd.
                                                                                                                                                                (202) 482–5041 or (202) 482–0195,
                                                  publication of the final results of this                24. Shandong Changhong Rubber Technology              respectively.
                                                  review. For all non-reviewed firms, we                        Co., Ltd.                                       SUPPLEMENTARY INFORMATION:
                                                  will instruct CBP to continue to collect                25. Shandong Guofeng Rubber Plastics Co.,
                                                  cash deposits at the most-recent                              Ltd.                                            Background
                                                  company-specific or all-others rate                     26. Shandong Haohua Tire Co., Ltd.
                                                                                                                                                                  The Department initiated this review
                                                                                                          27. Shandong Hawk International Rubber
                                                  applicable to the company, as                                                                                 on October 14, 2016.1 We selected two
                                                                                                                Industry Co., Ltd.
                                                  appropriate. These cash deposit                         28. Shandong Hengyu Science & Technology              mandatory respondents in this review,
                                                  requirements, when imposed, shall                             Co., Ltd.
                                                  remain in effect until further notice.                  29. Shandong Linglong Tyre Co., Ltd.                    1 See Initiation of Antidumping and
mstockstill on DSK30JT082PROD with NOTICES




                                                                                                          30. Shandong Longyue Rubber Co., Ltd.                 Countervailing Duty Administrative Reviews, 81 FR
                                                     These preliminary results are issued                                                                       71061 (October 14, 2016) (Initiation Notice); see
                                                                                                          31. Shandong New Continent Tire Co., Ltd.
                                                  and published in accordance with                        32. Shandong Province Sanli Tire                      also Initiation of Antidumping and Countervailing
                                                  sections 751(a)(1) and 777(i)(1) of the                                                                       Duty Administrative Reviews, 81 FR 78778, 78781
                                                                                                                Manufactured Co., Ltd.                          (November 9, 2016) (Amended Initiation Notice).
                                                  Act, and 19 CFR 351.221(b)(4).                          33. Shandong Yongtai Group Co., Ltd.                  We issued an amended Federal Register initiation
                                                                                                                (formerly known as Shandong Yongtai             notice on November 9, 2016, to reflect one company
                                                                                                                Chemical Co., Ltd.)                             name that was missing from the October 14, 2016
                                                                                                          34. Shandong Zhongyi Rubber Co., Ltd.                 Initiation Notice.



                                             VerDate Sep<11>2014   17:42 Sep 06, 2017   Jkt 241001   PO 00000   Frm 00021   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1


                                                  42290                     Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices

                                                  Hyosung and Hyundai. For a more                         underlying our conclusions, see the                                                                       Weighted-
                                                  detailed description of the events that                 Preliminary Decision Memorandum.                                                                           average
                                                  followed the initiation of this review,                                                                                  Producer/exporter                        dumping
                                                                                                          Facts Available                                                                                            margin
                                                  see the Preliminary Decision                                                                                                                                      (percent)
                                                  Memorandum, dated concurrently with                       Pursuant to section 776(a) of the Act,
                                                  these results and hereby adopted by this                the Department is preliminarily relying                  Hyosung Corporation ............                       60.81
                                                  notice.2                                                upon facts otherwise available to assign                 Hyundai Heavy Industries
                                                     The Preliminary Decision                             an estimated weighted-average dumping                        Co., Ltd .............................             60.81
                                                  Memorandum is a public document and                     margin to the mandatory respondents in                   Iljin Electric Co., Ltd .............                  60.81
                                                  is on file electronically via Enforcement               this review because both respondents                     Iljin ........................................         60.81
                                                  and Compliance’s Antidumping and                        withheld necessary information that                      LSIS Co., Ltd ........................                 60.81
                                                  Countervailing Duty Centralized                         was requested by the Department,
                                                  Electronic Service System (ACCESS).                     thereby significantly impeding the                       Disclosure and Public Comment
                                                  Access to ACCESS is available to                        conduct of the review. Further, the                         Normally, the Department discloses
                                                  registered users at http://                             Department preliminarily determines                      the calculations performed in
                                                  access.trade.gov and is available to all                that these mandatory respondents failed                  connection with preliminary results to
                                                  parties in the Central Records Unit,                    to cooperate by not acting to the best of                interested parties within five days after
                                                  Room B8024 of the main Department of                    their abilities to comply with requests                  the date of publication of this notice.7
                                                  Commerce building. In addition, a                       for information and, thus, the                           Because the Department preliminarily
                                                  complete version of the Preliminary                     Department is applying adverse facts                     applied total AFA to each of the
                                                  Decision Memorandum can be accessed                     available (AFA) to the respondents, in                   mandatory respondents in this review,
                                                  directly on the Internet at http://                     accordance with section 776(b) of the                    in accordance with section 776 of the
                                                  enforcement.trade.gov/frn/index.html.                   Act. For a full description of the                       Act, there are no calculations to
                                                  A list of topics discussed in the                       methodology underlying our                               disclose.
                                                  Preliminary Decision Memorandum is                      conclusions regarding the application of                    Interested parties may submit case
                                                  attached as an Appendix to this notice.                 AFA, see the Preliminary Decision                        briefs no later than 30 days after the
                                                  The signed Preliminary Decision                         Memorandum.                                              date of publication of this notice.8
                                                  Memorandum and the electronic                                                                                    Rebuttal briefs, the content of which is
                                                  versions of the Preliminary Decision                    Rate for Non-Selected Companies                          limited to the issues raised in the case
                                                  Memorandum are identical in content.                      In accordance with the U.S. Court of                   briefs, must be filed within five days
                                                                                                          Appeals for the Federal Circuit’s                        from the deadline date for the
                                                  Scope of the Order
                                                                                                          decision in Albemarle Corp. v. United                    submission of case briefs.9 Parties who
                                                     The scope of this order covers large                 States,4 we are applying to the non-                     submit case or rebuttal briefs in this
                                                  liquid dielectric power transformers                    selected companies the rate                              proceeding are requested to submit with
                                                  having a top power handling capacity                    preliminarily applied to Hyosung and                     each argument: (1) A statement of the
                                                  greater than or equal to 60,000 kilovolt                Hyundai in this administrative review.5                  issue; (2) a brief summary of the
                                                  amperes (60 megavolt amperes),                          This is the only rate determined in this                 argument; and (3) a table of
                                                  whether assembled or unassembled,                       review for individual respondents and,                   authorities.10 Case and rebuttal briefs
                                                  complete or incomplete. The                             thus, should be applied to the three                     should be filed using ACCESS.11 Case
                                                  merchandise subject to the order is                     non-selected companies under section                     and rebuttal briefs must be served on
                                                  currently classified in the Harmonized                  735(c)(5)(B) of the Act. For a detailed                  interested parties.12 Executive
                                                  Tariff Schedule of the United States at                 discussion, see the Preliminary Decision                 summaries should be limited to five
                                                  subheadings 8504.23.0040,                               Memorandum.                                              pages total, including footnotes.
                                                  8504.23.0080 and 8504.90.9540. This                                                                                 Pursuant to 19 CFR 351.310(c),
                                                  tariff classification is provided for                   Preliminary Results of Review                            interested parties who wish to request a
                                                  convenience and Customs purposes;                         We preliminarily determine that, for                   hearing must submit a written request to
                                                  however, the written description of the                 the period August 1, 2015, through July                  the Assistant Secretary for Enforcement
                                                  scope of the order is dispositive.3                     31, 2016, the following weighted-                        and Compliance within 30 days of the
                                                  Methodology                                             average dumping margins exist: 6                         date of publication of this notice.
                                                                                                                                                                   Requests should contain: (1) The party’s
                                                    The Department is conducting this                       4 See Albemarle Corp. v. United States, 821 F.3d       name, address and telephone number;
                                                  review in accordance with section                       1345 (Fed. Cir. 2016).                                   (2) the number of participants; and (3)
                                                  751(a)(2) of the Tariff Act of 1930, as                   5 See, e.g., Certain Small Diameter Carbon and
                                                                                                                                                                   a list of issues parties intend to discuss.
                                                  amended (the Act). For a full                           Alloy Seamless Standard, Line, and Pressure Pipe
                                                                                                          (Under 41⁄2 Inches) from Japan: Preliminary Results
                                                                                                                                                                   Issues raised in the hearing will be
                                                  description of the methodology                          of Antidumping Duty Administrative Review and            limited to those raised in the respective
                                                                                                          Preliminary Determination of No Shipments; 2014–         case and rebuttal briefs. If a request for
                                                    2 See Memorandum to Gary Taverman, Deputy             2015, 81 FR 45124, 45124 (July 12, 2016),                a hearing is made, the Department
                                                  Assistant Secretary for Antidumping and                 unchanged in Certain Small Diameter Carbon and
                                                  Countervailing Duty Operations, performing the          Alloy Seamless Standard, Line, and Pressure Pipe
                                                                                                                                                                   intends to hold the hearing at the U.S.
                                                  non-exclusive functions and duties of the Assistant     (Under 41⁄2 Inches) from Japan: Final Results of         Department of Commerce, 1401
                                                  Secretary for Enforcement and Compliance, from          Antidumping Duty Administrative Review and               Constitution Avenue NW., Washington,
                                                  James Maeder, Senior Director, performing the           Final Determination of No Shipments; 2014–2015,
                                                  duties of Deputy Assistant Secretary for                81 FR 80640, 80641 (November 16, 2016).
                                                                                                                                                                   a more favorable result by failing to cooperate than
mstockstill on DSK30JT082PROD with NOTICES




                                                  Antidumping and Countervailing Duty Operations,           6 As AFA, we preliminarily assign Hyosung and
                                                                                                                                                                   if it had fully cooperated. According to 776(c)(2) of
                                                  entitled ‘‘Decision Memorandum for Preliminary          Hyundai a dumping margin of 60.81 percent, an            the Act, this rate does not require corroboration.
                                                  Results of Antidumping Duty Administrative              AFA rate used in the previous review. See Large             7 See 19 CFR 351.224(b).
                                                  Review: Large Power Transformers from the               Power Transformers from the Republic of Korea:              8 See 19 CFR 351.309(c)(1)(ii).
                                                  Republic of Korea; 2015–2016’’ (Preliminary             Final Results of Antidumping Duty Administrative            9 See 19 CFR 351.309(d)(1) and (2).
                                                  Decision Memorandum), dated concurrently with           Review; 2014–2015, 82 FR 13432 (March 13, 2017).
                                                                                                                                                                      10 See 19 CFR 351.309(c)(2).
                                                  this notice.                                            This rate achieves the purpose of applying an
                                                    3 The full text of the scope of the order is                                                                      11 See generally 19 CFR 351.303.
                                                                                                          adverse inference, i.e., it is sufficiently adverse to
                                                  contained in Preliminary Decision Memorandum.           ensure that the uncooperative party does not obtain         12 See 19 CFR 351.303(f).




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                                                                            Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices                                                    42291

                                                  DC 20230, at a date and time to be                       and (4) the cash deposit rate for all other           DEPARTMENT OF COMMERCE
                                                  determined.13 Parties should confirm                     producers or exporters will continue to
                                                  the date, time, and location of the                      be the all-others rate of 22.00 percent,              International Trade Administration
                                                  hearing two days before the scheduled                    the rate established in the investigation             [A–570–909]
                                                  date.                                                    of this proceeding.16 These cash deposit
                                                     The Department intends to publish                     requirements, when imposed, shall                     Certain Steel Nails From the People’s
                                                  the final results of this administrative                 remain in effect until further notice.                Republic of China: Preliminary Results
                                                  review, including the results of its                                                                           of the Antidumping Duty
                                                  analysis of issues raised in any case or                 Notification to Importers
                                                                                                                                                                 Administrative Review and Preliminary
                                                  rebuttal brief, no later than 120 days                      This notice also serves as a reminder              Determination of No Shipments; 2015–
                                                  after publication of these preliminary                                                                         2016
                                                                                                           to importers of their responsibility
                                                  results, unless extended.14
                                                                                                           under 19 CFR 351.402(f)(2) to file a
                                                                                                                                                                 AGENCY:   Enforcement and Compliance,
                                                  Assessment Rates                                         certificate regarding the reimbursement
                                                                                                                                                                 International Trade Administration,
                                                     Upon completion of this                               of antidumping duties prior to
                                                                                                                                                                 Department of Commerce.
                                                  administrative review, the Department                    liquidation of the relevant entries
                                                                                                           during this review period. Failure to                 SUMMARY: The Department of Commerce
                                                  shall determine, and Customs and                                                                               (the Department) preliminarily
                                                  Border Protection (CBP) shall assess,                    comply with this requirement could
                                                                                                           result in the Department’s presumption                determines that mandatory respondents
                                                  antidumping duties on all appropriate                                                                          Stanley Works (Langfang) Fastening
                                                  entries. If the preliminary results are                  that reimbursement of antidumping
                                                                                                           duties occurred and the subsequent                    Systems Co., Ltd. and Stanley Black &
                                                  unchanged for the final results, we will                                                                       Decker, Inc. (collectively Stanley), and
                                                  instruct CBP to apply an ad valorem                      assessment of double antidumping
                                                                                                           duties.                                               Tianjin Lianda Group Co, Ltd. (Tianjin
                                                  assessment rate of 60.81 percent to all
                                                                                                                                                                 Lianda) sold subject merchandise in the
                                                  entries of subject merchandise during                    Notification to Interested Parties                    United States at prices below normal
                                                  the period of review which were
                                                                                                                                                                 value (NV) during the period of review
                                                  produced and/or exported by Hyosung,                       We are issuing and publishing this                  (POR), August 1, 2015, through July 31,
                                                  Hyundai, and the aforementioned                          notice in accordance with sections                    2016. If these preliminary results are
                                                  companies which were not selected for                    751(a)(1) and 777(i)(1) of the Act.                   adopted in the final results, the
                                                  individual examination.15 We intend to
                                                                                                             Dated: August 31, 2017.                             Department will instruct U.S. Customs
                                                  issue liquidation instructions to CBP 15
                                                                                                           Gary Taverman,                                        and Border Protection (CBP) to assess
                                                  days after publication of the final results
                                                                                                           Deputy Assistant Secretary for Antidumping            antidumping duties (AD) on all
                                                  of this review.
                                                                                                           and Countervailing Duty Operations,                   appropriate entries of subject
                                                  Cash Deposit Requirements                                performing the non-exclusive functions and            merchandise during the POR. Interested
                                                     The following cash deposit                            duties of the Assistant Secretary for                 parties are invited to comment on these
                                                  requirements will be effective upon                      Enforcement and Compliance.                           preliminary results.
                                                  publication of the final results of this                 Appendix                                              DATES: Applicable September 7, 2017.
                                                  administrative review for all shipments                                                                        FOR FURTHER INFORMATION CONTACT:
                                                  of the subject merchandise entered, or                   List of Topics Discussed in the Preliminary
                                                                                                           Decision Memorandum
                                                                                                                                                                 Matthew Renkey or Courtney Canales,
                                                  withdrawn from warehouse, for                                                                                  AD/CVD Operations, Office V,
                                                  consumption on or after the publication                  I. Summary                                            Enforcement and Compliance,
                                                  date of the final results of this                        II. Background                                        International Trade Administration,
                                                  administrative review, as provided by                    III. Scope of the Order
                                                                                                                                                                 U.S. Department of Commerce, 1401
                                                  section 751(a)(2)(C) of the Act: (1) The                 IV. Application of Facts Available and Use of
                                                                                                                                                                 Constitution Avenue NW., Washington,
                                                  cash deposit rate for Hyosung and                              Adverse Inference
                                                                                                                                                                 DC 20230; telephone: (202) 482–2312 or
                                                  Hyundai and other companies listed                          A. Application of Facts Available
                                                                                                              B. Use of Adverse Inference
                                                                                                                                                                 (202) 482–4997, respectively.
                                                  above will be equal to the weighted-                                                                           SUPPLEMENTARY INFORMATION:
                                                                                                              C. Selection and Corroboration of the
                                                  average dumping margin established in
                                                                                                                 Adverse Facts Available Rate                    Background
                                                  the final results of this administrative
                                                                                                           V. Discussion of The Issues
                                                  review; (2) for previously reviewed or                      A. Hyosung-Specific Issues Failure to                On October 14, 2016, the Department
                                                  investigated companies not listed above,                       Report Separately Service-Related               published in the Federal Register the
                                                  the cash deposit rate will continue to be                      Revenues Invoice Used in last Period of         notice of initiation of an administrative
                                                  the company-specific rate published for                        Review (POR) Used in this POR for               review of the AD order on certain steel
                                                  the most recently completed segment of                         Different Sale Unreported Sales                 nails (Nails) from the People’s Republic
                                                  this proceeding in which they were                             Adjustments                                     of China (PRC) for the period of review
                                                  reviewed; (3) if the exporter is not a firm                 B. Hyundai-Specific Issues Failure to              August 1, 2015, through July 31, 2016.
                                                  covered in this review, a prior review,                        Separately Report the Prices and Costs          The Department initiated a review with
                                                  or in the investigation but the producer                       for Accessories Understatement of the           respect to 31 companies.1 The
                                                  is, the cash deposit rate will be the rate                     Home Market Gross Unit Price
                                                  established for the most recently                              Undisclosed Relationship with                      1 See Initiation of Antidumping and

                                                  completed segment of this proceeding                           Hyundai’s Sales Agent                           Countervailing Duty Administrative Reviews, 81 FR
                                                  for the producer of the merchandise;                        VI. Rate for Non-Selected Companies                71064 (October 14, 2016) (Initiation Notice).
mstockstill on DSK30JT082PROD with NOTICES




                                                                                                              VII. Recommendation                                Although there were 32 companies in the initiation,
                                                                                                                                                                 it included SDC International Australia Pty Ltd. Per
                                                    13 See  19 CFR 351.310(d).                             [FR Doc. 2017–18998 Filed 9–6–17; 8:45 am]            the Final Results of Redetermination Pursuant to
                                                    14 See  section 751(a)(3)(A) of the Act; 19 CFR
                                                                                                           BILLING CODE 3510–DS–P
                                                                                                                                                                 Voluntary Remand Order: SDC International Aust.
                                                  351.213(h).                                                                                                    PTY. Ltd. v. United States, CIT Court No. 16–00062
                                                     15 See Preliminary Decision Memorandum at                                                                   (January 20, 2017), we found both SDC
                                                  ‘‘Rate for Non-Selected Companies’’ (for an                16 See Large Power Transformers from the            International Aust. Pty. Ltd. and SDC International
                                                  explanation of how we preliminarily determined           Republic of Korea: Antidumping Duty Order, 77 FR      Australia Pty Ltd., to be the same company.
                                                  the rate for non-selected companies).                    53177 (August 31, 2012).                                                                         Continued




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Document Created: 2017-09-07 02:01:31
Document Modified: 2017-09-07 02:01:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable September 7, 2017.
ContactMoses Song or John Drury, 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) 482-5041 or (202) 482-0195, respectively.
FR Citation82 FR 42289 

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