82_FR_51608 82 FR 51395 - Large Power Transformers From the Republic of Korea: Notice of Court Decision Not in Harmony With Final Results, Notice of Amended Final Results

82 FR 51395 - Large Power Transformers From the Republic of Korea: Notice of Court Decision Not in Harmony With Final Results, Notice of Amended Final Results

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 213 (November 6, 2017)

Page Range51395-51396
FR Document2017-24072

On October 10, 2017, the Court of International Trade (CIT or Court) sustained the final remand results pertaining to the administrative review of the antidumping duty order on large power transformers (LPTs) from the Republic of Korea (Korea) covering the period February 16, 2012, through July 31, 2013. The Department of Commerce (the Department) is notifying the public that the final judgment in this case is not in harmony with the final results, notice of amended final results, and notice of second amended final results of the administrative review and that the Department is amending the second amended final results with respect to the dumping margins assigned to Hyosung Corporation (Hyosung), Hyundai Heavy Industries Co., Ltd. (Hyundai), and the companies not selected for individual examination (ILJIN, ILJIN Electric Co., Ltd., and LSIS Co., Ltd.).

Federal Register, Volume 82 Issue 213 (Monday, November 6, 2017) 
[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Notices]
[Pages 51395-51396]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24072]



[[Page 51395]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-867]


Large Power Transformers From the Republic of Korea: Notice of 
Court Decision Not in Harmony With Final Results, Notice of Amended 
Final Results

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

SUMMARY: On October 10, 2017, the Court of International Trade (CIT or 
Court) sustained the final remand results pertaining to the 
administrative review of the antidumping duty order on large power 
transformers (LPTs) from the Republic of Korea (Korea) covering the 
period February 16, 2012, through July 31, 2013. The Department of 
Commerce (the Department) is notifying the public that the final 
judgment in this case is not in harmony with the final results, notice 
of amended final results, and notice of second amended final results of 
the administrative review and that the Department is amending the 
second amended final results with respect to the dumping margins 
assigned to Hyosung Corporation (Hyosung), Hyundai Heavy Industries 
Co., Ltd. (Hyundai), and the companies not selected for individual 
examination (ILJIN, ILJIN Electric Co., Ltd., and LSIS Co., Ltd.).

DATES: Applicable October 20, 2017.

FOR FURTHER INFORMATION CONTACT: Moses Song, 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.

SUPPLEMENTARY INFORMATION: 

Background

    On March 31, 2015, the Department issued the Final Results.\1\ On 
May 6, 2015, in response to ministerial error allegations, the 
Department issued the First Amended Final Results and on June 22, 2015, 
the Second Amended Final Results.\2\ Hyosung and Hyundai are Korean 
producers/exporters of LPTs and were mandatory respondents in the 
underlying administrative review. In the Second Amended Final Results, 
the Department assigned dumping margins of 8.23 percent and 12.36 
percent to Hyosung and Hyundai, respectively.
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    \1\ See Large Power Transformers from the Republic of Korea: 
Final Results of Antidumping Duty Administrative Review; 2012-2013, 
80 FR 17034 (March 31, 2015) (Final Results) and accompanying Issues 
and Decision Memorandum.
    \2\ See Large Power Transformers from the Republic of Korea: 
Amended Final Results of Antidumping Duty Administrative Review; 
2012-2013, 80 FR 26001 (May 6, 2015) (First Amended Final Results) 
and accompanying Decision Memorandum and Large Power Transformers 
from the Republic of Korea: Second Amended Final Results of 
Antidumping Duty Administrative Review; 2012-2013, 80 FR 35628 (June 
22, 2015) (Second Amended Final Results) and accompanying Decision 
Memorandum, respectively.
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    On October 7, 2016, the CIT remanded various aspects of the Second 
Final Results to the Department.\3\ Specifically, the Court instructed 
the Department to further address a sequencing issue regarding certain 
of Hyundai's U.S. sales documents on the record. The Court also 
directed the Department to further explain: (1) Its treatment of the 
U.S. commissions of Hyosung and Hyundai; (2) the record basis for such 
treatment; (3) whether such U.S. commissions resulted in the granting 
of commission offsets, and (4) the legal and factual basis for the 
granting or denial of the commission offsets.\4\
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    \3\ See ABB INC. v. United States, Slip Op. 16-95 (CIT, October 
7, 2016) (Remand Order).
    \4\ Id.
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    Pursuant to the Remand Order, the Department issued its Final 
Redetermination, which addressed the Court's holdings and revised the 
weighted-average dumping margins for Hyosung and Hyundai to 9.09 
percent and 13.82 percent, respectively, and the rate assigned to the 
companies not selected for individual examination to 11.73 percent.\5\ 
On October 10, 2017, the CIT sustained in whole the Department's Final 
Redetermination.\6\
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    \5\ See Department Memorandum, ``Final Results of 
Redetermination Pursuant to Court Remand ABB INC. v. United States 
Court No. 15-00108, Slip-Op. 16-95 (CIT October 7, 2016),'' February 
2, 2017 (Final Redetermination) (available at http://enforcement.trade.gov/remands/16-95.pdf).
    \6\ See ABB, INC. v. United States, Court No. 15-00108, Slip Op. 
17-137 (CIT 2017).
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Timken Notice

    In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\ 
the United States Court of Appeals for the Federal Circuit held that, 
pursuant to sections 516A(c) and (e) of the Act, the Department must 
publish a notice of a court decision that is not ``in harmony'' with a 
Department determination and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The CIT's October 10, 2017, 
final judgment sustaining the Department's Final Redetermination 
constitutes a final decision of the Court that is not in harmony with 
the Second Amended Final Results. This notice is published in 
fulfillment of the publication requirements of Timken. Accordingly, the 
Department will continue the suspension of liquidation of the subject 
merchandise at issue pending expiration of the period to appeal or, if 
appealed, pending a final and conclusive court decision.
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    \7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken), at 341.
    \8\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 20 10) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court decision, the Department is 
amending the Second Amended Final Results with respect to the dumping 
margins calculated for Hyosung, Hyundai, and the companies not selected 
for individual examination. Based on the Final Redetermination, as 
affirmed by the CIT, the revised dumping margins for Hyosung, Hyundai, 
and the companies not selected for individual examination from February 
16, 2012, through July 31, 2013, are as follows:

------------------------------------------------------------------------
                                                             Weighted-
                    Producer/exporter                     average margin
                                                             (percent)
------------------------------------------------------------------------
Hyosung Corporation.....................................            9.09
Hyundai Heavy Industries Co., Ltd.......................           13.82
ILJIN Electric Co., Ltd.................................           11.73
ILJIN...................................................           11.73
LSIS Co., Ltd...........................................           11.73
------------------------------------------------------------------------

    In the event that the CIT's rulings are not appealed or, if 
appealed, are upheld by a final and conclusive court decision, the 
Department will instruct Customs and Border Protection (CBP) to assess 
antidumping duties on unliquidated entries of subject merchandise based 
on the revised dumping margins listed above.

Cash Deposit Requirements

    Since the Second Amended Final Results, the Department has 
established new cash deposit rates for the companies listed above.\9\ 
Therefore, this Final Redetermination, and as affirmed by the Court, 
does not change the later-established cash deposit rates for the 
companies listed above.
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    \9\ See, e.g., Large Power Transformers from the Republic of 
Korea: Amended Final Results of Antidumping Duty Administrative Duty 
Administrative Review; 2013-2014, 81 FR 27088 (May 5, 2016).
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.


[[Page 51396]]


     Dated: October 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.
[FR Doc. 2017-24072 Filed 11-3-17; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Notices 51395 DEPARTMENT OF COMMERCE are Korean producers/exporters of LPTs harmony with the Second Amended and were mandatory respondents in the Final Results. This notice is published International Trade Administration underlying administrative review. In the in fulfillment of the publication Second Amended Final Results, the requirements of Timken. Accordingly, [A–580–867] Department assigned dumping margins the Department will continue the Large Power Transformers From the of 8.23 percent and 12.36 percent to suspension of liquidation of the subject Republic of Korea: Notice of Court Hyosung and Hyundai, respectively. merchandise at issue pending expiration Decision Not in Harmony With Final On October 7, 2016, the CIT of the period to appeal or, if appealed, remanded various aspects of the Second pending a final and conclusive court Results, Notice of Amended Final Final Results to the Department.3 decision. Results Specifically, the Court instructed the AGENCY: Enforcement and Compliance, Department to further address a Amended Final Results International Trade Administration, sequencing issue regarding certain of Department of Commerce. Hyundai’s U.S. sales documents on the Because there is now a final court record. The Court also directed the decision, the Department is amending SUMMARY: On October 10, 2017, the Department to further explain: (1) Its the Second Amended Final Results with Court of International Trade (CIT or respect to the dumping margins Court) sustained the final remand treatment of the U.S. commissions of Hyosung and Hyundai; (2) the record calculated for Hyosung, Hyundai, and results pertaining to the administrative basis for such treatment; (3) whether the companies not selected for review of the antidumping duty order such U.S. commissions resulted in the individual examination. Based on the on large power transformers (LPTs) from granting of commission offsets, and (4) Final Redetermination, as affirmed by the Republic of Korea (Korea) covering the legal and factual basis for the the CIT, the revised dumping margins the period February 16, 2012, through July 31, 2013. The Department of granting or denial of the commission for Hyosung, Hyundai, and the Commerce (the Department) is notifying offsets.4 companies not selected for individual Pursuant to the Remand Order, the examination from February 16, 2012, the public that the final judgment in this Department issued its Final through July 31, 2013, are as follows: case is not in harmony with the final Redetermination, which addressed the results, notice of amended final results, Court’s holdings and revised the Weighted- and notice of second amended final average weighted-average dumping margins for Producer/exporter results of the administrative review and margin Hyosung and Hyundai to 9.09 percent that the Department is amending the (percent) and 13.82 percent, respectively, and the second amended final results with rate assigned to the companies not Hyosung Corporation ............ 9.09 respect to the dumping margins selected for individual examination to assigned to Hyosung Corporation Hyundai Heavy Industries 11.73 percent.5 On October 10, 2017, the Co., Ltd ............................. 13.82 (Hyosung), Hyundai Heavy Industries CIT sustained in whole the Co., Ltd. (Hyundai), and the companies ILJIN Electric Co., Ltd .......... 11.73 Department’s Final Redetermination.6 ILJIN ..................................... 11.73 not selected for individual examination (ILJIN, ILJIN Electric Co., Ltd., and LSIS Timken Notice LSIS Co., Ltd ........................ 11.73 Co., Ltd.). In its decision in Timken,7 as clarified DATES: Applicable October 20, 2017. by Diamond Sawblades,8 the United In the event that the CIT’s rulings are States Court of Appeals for the Federal not appealed or, if appealed, are upheld FOR FURTHER INFORMATION CONTACT: Circuit held that, pursuant to sections by a final and conclusive court decision, Moses Song, AD/CVD Operations, Office VI, Enforcement and Compliance, 516A(c) and (e) of the Act, the the Department will instruct Customs International Trade Administration, Department must publish a notice of a and Border Protection (CBP) to assess U.S. Department of Commerce, 1401 court decision that is not ‘‘in harmony’’ antidumping duties on unliquidated Constitution Avenue NW., Washington, with a Department determination and entries of subject merchandise based on DC 20230; telephone: (202) 482–5041. must suspend liquidation of entries the revised dumping margins listed pending a ‘‘conclusive’’ court decision. above. SUPPLEMENTARY INFORMATION: The CIT’s October 10, 2017, final Cash Deposit Requirements Background judgment sustaining the Department’s On March 31, 2015, the Department Final Redetermination constitutes a Since the Second Amended Final issued the Final Results.1 On May 6, final decision of the Court that is not in Results, the Department has established 2015, in response to ministerial error new cash deposit rates for the Review; 2012–2013, 80 FR 35628 (June 22, 2015) companies listed above.9 Therefore, this allegations, the Department issued the (Second Amended Final Results) and accompanying First Amended Final Results and on Decision Memorandum, respectively. Final Redetermination, and as affirmed June 22, 2015, the Second Amended 3 See ABB INC. v. United States, Slip Op. 16–95 by the Court, does not change the later- Final Results.2 Hyosung and Hyundai (CIT, October 7, 2016) (Remand Order). established cash deposit rates for the 4 Id. companies listed above. 1 See Large Power Transformers from the 5 See Department Memorandum, ‘‘Final Results of Republic of Korea: Final Results of Antidumping Redetermination Pursuant to Court Remand ABB Notification to Interested Parties Duty Administrative Review; 2012–2013, 80 FR INC. v. United States Court No. 15–00108, Slip-Op. 16–95 (CIT October 7, 2016),’’ February 2, 2017 This notice is issued and published in Pmangrum on DSK3GDR082PROD with NOTICES 17034 (March 31, 2015) (Final Results) and accompanying Issues and Decision Memorandum. (Final Redetermination) (available at http:// enforcement.trade.gov/remands/16-95.pdf). accordance with sections 516A(e)(1), 2 See Large Power Transformers from the 6 See ABB, INC. v. United States, Court No. 15– 751(a)(1), and 777(i)(1) of the Act. Republic of Korea: Amended Final Results of Antidumping Duty Administrative Review; 2012– 00108, Slip Op. 17–137 (CIT 2017). 7 See Timken Co. v. United States, 893 F.2d 337 2013, 80 FR 26001 (May 6, 2015) (First Amended 9 See, e.g., Large Power Transformers from the Final Results) and accompanying Decision (Fed. Cir. 1990) (Timken), at 341. Republic of Korea: Amended Final Results of Memorandum and Large Power Transformers from 8 See Diamond Sawblades Mfrs. Coalition v. Antidumping Duty Administrative Duty the Republic of Korea: Second Amended Final United States, 626 F.3d 1374 (Fed. Cir. 20 10) Administrative Review; 2013–2014, 81 FR 27088 Results of Antidumping Duty Administrative (Diamond Sawblades). (May 5, 2016). VerDate Sep<11>2014 14:48 Nov 03, 2017 Jkt 244001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\06NON1.SGM 06NON1

51396 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Notices Dated: October 31, 2017. Decision Memorandum.3 A list of topics The Department notes that, in making Gary Taverman, discussed in the Preliminary Decision these findings, it relied, in part, on facts Deputy Assistant Secretary for Antidumping Memorandum is included as Appendix available and, because it finds that one and Countervailing Duty Operations, II to this notice. The Preliminary or more respondents did not act to the performing the non-exclusive functions and Decision Memorandum is a public best of their ability to respond to the duties of the Assistant Secretary for document and is on file electronically Department’s requests for information, it Enforcement and Compliance. via Enforcement and Compliance’s drew an adverse inference where [FR Doc. 2017–24072 Filed 11–3–17; 8:45 am] Antidumping and Countervailing Duty appropriate in selecting from among the BILLING CODE 3510–DS–P Centralized Electronic Service System facts otherwise available.7 For further (ACCESS). ACCESS is available to information, see ‘‘Use of Facts registered users at http:// Otherwise Available and Adverse DEPARTMENT OF COMMERCE access.trade.gov, and is available to all Inferences’’ in the Preliminary Decision parties in the Central Records Unit, Memorandum. International Trade Administration Room B8024 of the main Department of All-Others Rate [C–570–061] Commerce building. In addition, a complete version of the Preliminary Sections 703(d) and 705(c)(5)(A) of Fine Denier Polyester Staple Fiber Decision Memorandum can be accessed the Act provide that in the preliminary From the People’s Republic of China: directly at http://enforcement.trade.gov/ determination, the Department shall Preliminary Affirmative Countervailing frn/. The signed and electronic versions determine an estimated all-others rate Duty Determination of the Preliminary Decision for companies not individually Memorandum are identical in content. examined. This rate shall be an amount AGENCY: Enforcement and Compliance, equal to the weighted average of the International Trade Administration, Scope of the Investigation estimated subsidy rates established for Department of Commerce. those companies individually SUMMARY: The Department of Commerce The product covered by this investigation is fine denier PSF from the examined, excluding any zero and de (the Department) preliminarily minimis rates and any rates based determines that countervailable PRC. For a complete description of the scope of this investigation, see entirely under section 776 of the Act. subsidies are being provided to Notwithstanding the language of section producers and exporters of fine denier Appendix I. 705(c)(5)(A)(i) of the Act, we have not polyester staple fiber (fine denier PSF) Scope Comments calculated the ‘‘all-others’’ rate by from the People’s Republic of China weight-averaging the rates of the two (PRC). The period of investigation is In accordance with the preamble to individually investigated respondents, January 1, 2016, through December 31, the Department’s regulations,4 the because doing so risks disclosure of 2016. Initiation Notice set aside a period of proprietary information. Therefore, for time for parties to raise issues regarding DATES: Applicable November 6, 2017. the ‘‘all-others’’ rate, we calculated a product coverage, (i.e., scope).5 Certain FOR FURTHER INFORMATION CONTACT: simple average of the two responding interested parties commented on the Yasmin Bordas or Davina Friedmann, companies’ rates. scope of the investigation as it appeared AD/CVD Operations, Enforcement and in the Initiation Notice, as well as Preliminary Determination Compliance, International Trade additional language proposed by the Administration, U.S. Department of The Department preliminarily Department. The Department intends to determines that thefollowing estimated Commerce, 1401 Constitution Avenue issue its preliminary decision regarding NW., Washington, DC 20230; telephone: countervailable subsidy rates exist: comments concerning the scope of the (202) 482–3813 or (202) 482–0698, antidumping duty (AD) and of the Act regarding benefit; and section 771(5A) of respectively. countervailing duty (CVD) the Act regarding specificity. SUPPLEMENTARY INFORMATION: investigations in the preliminary 7 See sections 776(a) and (b) of the Act. 8 As discussed in the Preliminary Decision Background determination of the companion AD Memorandum, the Department has found the investigation. following companies to be cross-owned with This preliminary determination is Jiangyin Hailun Chemical Fiber Co. Ltd.: Jiangyin made in accordance with section 703(b) Methodology Bolun Chemical Fiber Co., Ltd. (Bolun); Jiangyin of the Tariff Act of 1930, as amended The Department is conducting this Fenghua Synthetic Fiber Co., Ltd. (Fenghua); (the Act). The Department published the Jiangsu Hailun Petrochemicals Co., Ltd. (Hailun investigation in accordance with section Petrochemical); Jiangyin Huamei Special Fiber Co., notice of initiation of this investigation 701 of the Act. For each of the subsidy Ltd. (Huamei); Jiangyin Huasheng Polymerization on June 27, 2017.1 On August 8, 2017, programs found countervailable, the Co., Ltd. (Huasheng); Jiangyin Huaxing Synthetic the Department postponed the Department preliminarily determines Co., Ltd. (Huaxing); Jiangying Huayi Polymerization preliminary determination of this Co., Ltd. (Huayi); Jiangsu Sanfangxiang Group Co., that there is a subsidy, i.e., a financial Ltd. (Sanfangxiang Group); Jiangsu Sanfangxiang investigation, and the revised deadline contribution by an ‘‘authority’’ that International Trading Co., Ltd. (Sanfangxiang is now October 30, 2017.2 For a gives rise to a benefit to the recipient, Trading); Sanhai International Trading PTE Ltd. complete description of the events that and that the subsidy is specific.6 (Sanhai); Jiangyin Xingsheng Plastic Co., Ltd. followed the initiation of this (Xingsheng Plastic); Jiangyin Xingtai New Material Co., Ltd. (Xingtai); Jiangsu Xingye Plastic Co., Ltd. investigation, see the Preliminary 3 See Decision Memorandum for the Preliminary (Xingye Plastic); Jiangsu Xingye Polytech Co., Ltd. Affirmative Determination: Countervailing Duty Pmangrum on DSK3GDR082PROD with NOTICES (Xingye Polytech); Jiangyin Xingyu New Material 1 See Fine Denier Polyester Staple Fiber from Investigation of Fine Denier Polyester Staple Fiber Co., Ltd. (Xingyu); Jiangyin Xinlun Chemical Fiber India and the People’s Republic of China: Initiation from the People’s Republic of China,’’ dated Co., Ltd. (Xinlun); Jiangyin Xinyuan Thermal Power of Countervailing Duty Investigations, 82 FR 29029 concurrently with, and hereby adopted by, this Co., Ltd. (Xinyuan Thermal); and Jiangyin Yunlun (June 27, 2017) (Initiation Notice). notice (Preliminary Decision Memorandum). Chemical Fiber Co., Ltd. (Yunlun). 2 See Fine Denier Polyester Staple Fiber from the 4 See Antidumping Duties; Countervailing Duties, 9 As discussed in the Preliminary Decision People’s Republic of China and India: Final Rule, 62 FR 27296, 27323 (May 19, 1997). Memorandum, the Department has found Jiangsu 5 See Initiation Notice. Postponement of Preliminary Determination in the Huahong Industrial Group Co., Ltd. to be cross- Countervailing Duty Investigations, 82 FR 37048 6 See sections 771(5)(B) and (D) of the Act owned with Jiangyin Huahong Chemical Fiber Co. (August 8, 2017). regarding financial contribution; section 771(5)(E) Ltd.; Jiangyin Hongkai Chemical Fiber Co., Ltd. VerDate Sep<11>2014 14:48 Nov 03, 2017 Jkt 244001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\06NON1.SGM 06NON1


Document Created: 2017-11-07 10:30:26
Document Modified: 2017-11-07 10:30:26
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 October 20, 2017.
ContactMoses Song, 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.
FR Citation82 FR 51395 
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