82_FR_57441 82 FR 57210 - Large Power Transformers From the Republic of Korea: Initiation of Antidumping Duty Changed Circumstances Review

82 FR 57210 - Large Power Transformers From the Republic of Korea: Initiation of Antidumping Duty Changed Circumstances Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 231 (December 4, 2017)

Page Range57210-57212
FR Document2017-26071

The Department of Commerce (the Department) obtained information, with respect to certain entities, sufficient to warrant the self-initiation of a changed circumstances review of the antidumping duty order on large power transformers (LPTs) from the Republic of Korea (Korea). Interested parties are invited to submit comments, as indicated below.

Federal Register, Volume 82 Issue 231 (Monday, December 4, 2017)
[Federal Register Volume 82, Number 231 (Monday, December 4, 2017)]
[Notices]
[Pages 57210-57212]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26071]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-867]


Large Power Transformers From the Republic of Korea: Initiation 
of Antidumping Duty Changed Circumstances Review

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

SUMMARY: The Department of Commerce (the Department) obtained 
information, with respect to certain entities, sufficient to warrant 
the self-initiation of a changed circumstances review of the 
antidumping duty order on large power transformers (LPTs) from the 
Republic of Korea (Korea). Interested parties are invited to submit 
comments, as indicated below.

DATES: Applicable December 4, 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 August 31, 2012, the Department published in the Federal 
Register an antidumping duty order on LPTs from Korea.\1\ Hyundai Heavy 
Industries Co., Ltd. (HHI) is one of the producers/exporters reviewed 
in the less-than fair-value investigation and has been reviewed in each 
subsequent administrative review of the Order. During the 2014/2015 
administrative review, which is also the most recently completed 
administrative review, the Department assigned HHI an antidumping duty 
rate of 60.81 percent.\2\ To address concerns that certain merchandise 
may not be entering the United States at the appropriate cash deposit 
rate, the

[[Page 57211]]

Department is self-initiating a changed circumstances review.
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    \1\ See Large Power Transformers from the Republic of Korea: 
Antidumping Duty Order, 77 FR 53177 (August 31, 2012) (the Order).
    \2\ See Large Power Transformers from the Republic of Korea: 
Final Results of Antidumping Duty Administrative Review; 2014-2015, 
82 FR 13432 (March 13, 2017) (2014/2015 Final Results).
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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.
    Incomplete LPTs are subassemblies consisting of the active part and 
any other parts attached to, imported with or invoiced with the active 
parts of LPTs. The ``active part'' of the transformer consists of one 
or more of the following when attached to or otherwise assembled with 
one another: The steel core or shell, the windings, electrical 
insulation between the windings, the mechanical frame for an LPT.
    The product definition encompasses all such LPTs regardless of name 
designation, including but not limited to step-up transformers, step-
down transformers, autotransformers, interconnection transformers, 
voltage regulator transformers, rectifier transformers, and power 
rectifier transformers.
    The LPTs subject to this Order are currently classifiable under 
subheadings 8504.23.0040, 8504.23.0080, and 8504.90.9540 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of this Order is dispositive.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act) and 19 CFR 351.216(d), the Department will conduct a changed 
circumstances review upon receipt of information concerning, or a 
request from an interested party for a review of, an antidumping duty 
order which shows changed circumstances sufficient to warrant such a 
review of the order. In this case, the Department is self-initiating a 
changed circumstances review based on information obtained (1) during 
the course of the 2014/2015 and 2015/2016 administrative reviews, (2) 
via public search, and (3) from U.S. Customs and Border Protection 
(CBP) data, as detailed below.
    On March 13, 2017, the Department published the final results of 
the 2014/2015 antidumping administrative review (covering the period 
August 1, 2014, through July 31, 2015), assigning a dumping rate of 
60.81 percent to HHI.\3\
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    \3\ See 2014/2015 Final Results, 82 FR 13432 (March 13, 2017).
---------------------------------------------------------------------------

    On May 24, 2017, in connection with the 2015/2016 administrative 
review (covering the period August 1, 2015, through July 31, 2016), HHI 
submitted English translations of HHI's 2016 Korean language financial 
statements, requested by the Department as part of HHI's response to 
the Department's supplemental questionnaire.\4\ HHI's 2016 
unconsolidated and consolidated financial statements, both of which 
ended on December 31, 2016, and became effective as of March 16, 2017, 
list the ``tentative'' name of a newly established company by ``spin-
off,'' as ``Hyundai Electric and energy Co., Ltd.'' \5\ These financial 
statements also identify HHI as a company that still continued to 
exists after the ``spin-off.'' \6\
---------------------------------------------------------------------------

    \4\ See Memorandum, on the subject of ``Placement of Factual 
Information: (1) Hyundai Heavy Industries Co., Ltd.'s Financial 
Statements from the 2015/2016 Administrative Review of the 
Antidumping Duty Order on Large Power Transformers from the Republic 
of Korea and (2) Web site Information Regarding Hyundai Electric & 
Energy System Co., Ltd.,'' dated concurrently with this notice (New 
Factual Information Placement Memorandum) at Attachment 1 (citing 
Letter from HHI to the Department, regarding ``Large Power 
Transformers from South Korea: Hyundai's Response to Questions 48 
and 49 and Question 35e of the Supplemental Section A 
Questionnaire,'' dated May 24, 2017 (HHI's May 24, 2017, 
Questionnaire Response) at Attachment 1). We note that HHI and its 
U.S. affiliate, Hyundai Corporation USA (Hyundai USA), are 
collectively referred to as ``Hyundai'' in HHI's May 24, 2017, 
Questionnaire Response.
    \5\ Id. (citing HHI's May 24, 2017, Questionnaire Response at 
Attachment 1). We note that HHI's May 24, 2017, Questionnaire 
Response at Attachment 1 contains HHI's 2016 unconsolidated 
financial statements named ``Hyundai Heavy Industries Co., Ltd. 
Separate Financial Statements December 31. 2016'' (HHI's 2016 
unconsolidated financial statements). Page 100 of HHI's 2016 
unconsolidated financial statements notes that Hyundai Electric and 
energy Co., Ltd. is a ``{n{time} ewly established company by spin-
off'' and that HHI is a ``{r{time} emaining company after spin-ff.'' 
We also note that this attachment contains HHI's 2016 consolidated 
financial statements named ``Hyundai Heavy Industries Co., Ltd. and 
Subsidiaries Consolidated Financial Statements December 31, 2016'' 
(HHI's 2016 consolidated financial statements). The page 143 of 
HHI's 2016 consolidated financial statements notes that Hyundai 
Electric and energy Co., Ltd. is a ``{n{time} ewly established 
company by spin-off'' and HHI is a ``{r{time} emaining company after 
spin-off.'' Both financial statements indicate that the date of 
spin-off is April 1, 2017.
    \6\ Id. (citing HHI's May 24, 2017, Questionnaire Response at 
Attachment 1).
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    Additionally, on or around August 14, 2017, a representative of 
Georgetown Economic Services, LLC (an economic consulting firm retained 
by Kelly Drye & Warren, LLP, counsel to the petitioner in the LPTs from 
Korea proceeding) contacted the Department.\7\ During this phone 
conversation, the representative expressed concern that subject 
merchandise produced by HHI may be entering the United States under the 
name ``Hyundai Electric and energy Co., Ltd.,'' that this merchandise 
may be subject to the antidumping duty order on LPTs from Korea, and 
may be entering at the ``all-others'' rate of 22 percent, rather than 
the 60.81 percent rate assigned to HHI in the 2014/2015 antidumping 
administrative review.\8\
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    \7\ See Memorandum to the File from Gary Taverman, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-executive functions and duties of the 
Assistant Secretary for Enforcement and Compliance, regarding 
``Phone Call,'' dated concurrently with this notice (Phone Call 
Memorandum).
    \8\ See Phone Call Memorandum.
---------------------------------------------------------------------------

    In light of the information in HHI's 2016 financial statements and 
the phone conversation discussed above, the Department had concerns as 
to whether (1) Hyundai Electric and energy Co., Ltd. may be entering 
subject merchandise produced by HHI into the United States and (2) 
merchandise entered by Hyundai Electric and energy Co., Ltd. is 
entering at the appropriate rate. Because Hyundai Electric and energy 
Co., Ltd. is a new entity, which has not been covered by a prior 
administrative review or the original investigation, it does not have 
its own company-specific cash deposit rate.
    To gather additional information regarding the above-referenced 
company (i.e., Hyundai Electric and energy Co., Ltd.), the Department 
conducted a search of public information and found that Hyundai 
Electric & Energy System Co., Ltd., which has a similar name to the 
company identified in HHI's 2016 financial statements (i.e., Hyundai 
Electric and energy Co., Ltd.), appears to be related to HHI and/or 
involved in the production and sales of power transformers.\9\ 
Additionally, the Department conducted a query of CBP

[[Page 57212]]

import data for entries of subject merchandise that entered the United 
States from the Federal Register publication date of the 2014/2015 
Final Results (i.e., March 13, 2017) to October 31, 2017.\10\ Because 
Hyundai Electric & Energy System Co., Ltd. has not been covered by a 
prior administrative review or the original investigation, it does not 
have its own company-specific cash deposit rate.
---------------------------------------------------------------------------

    \9\ See New Factual Information Placement Memorandum, at 
Attachment 2. We note that although the company name is slightly 
different (i.e., ``Hyundai Electric and energy Co., Ltd.'' from 
HHI's 2016 financial statements and ``Hyundai Electric & Energy 
System Co., Ltd.'' from its Web site), the names are very similar 
and HHI's financial statements state that ``Hyundai Electric and 
energy Co., Ltd.'' is a tentative name. According to the Web site, 
Hyundai Electric & Energy System Co., Ltd. was established on April 
3, 2017, which is after the effective date of HHI's 2016 financial 
statements (i.e., March 16, 2017) and the date of spin-off (i.e., 
April 1, 2017) identified in HHI's 2016 financial statements. We 
also note that the Web site of ``Hyundai Electric & Energy System 
Co., Ltd.'' states that ``Hyundai Heavy Industries' Electric Systems 
Division . . . is making a fresh start as Hyundai Electric'' and 
lists ``Power Transformer'' as one of its businesses. The history 
section of this Web site further indicates that Hyundai Electric & 
Energy System Co., Ltd. is engaged in the transformer business. In 
addition, under this Web site, HHI is listed as one of the ``Family 
Site.''
    \10\ See Memorandum, on the subject of ``Release of U.S. Customs 
and Border Protection Import Data,'' dated currently with this 
notice (CBP Memorandum).
---------------------------------------------------------------------------

    Based on (1) information contained in the CBP import data, (2) 
concerns that Hyundai Electric and energy Co., Ltd., may be entering 
merchandise produced by HHI, (3) public information indicating that 
Hyundai Electric & Energy System Co., Ltd., which has a name similar to 
that of the company identified in the above-referenced phone call, 
appears to be involved in the production/sales of power transformers, 
and (4) the fact that neither of these entities have their own company-
specific cash deposit rate, there is a serious concern that entries 
made by either of these entities since the 2014/2015 Final Results may 
include merchandise produced by HHI or otherwise may not be entering at 
the appropriate rate.
    In accordance with the above-referenced statute and regulation, and 
based on the information obtained above, the Department finds that 
there is information which shows changed circumstances sufficient to 
warrant initiation of such a review to determine whether action is 
necessary to maintain the integrity of the Order. Therefore, the 
Department is self-initiating a changed circumstances review to 
determine the appropriate cash deposit rate for any merchandise entered 
by either Hyundai Electric and energy Co., Ltd. or Hyundai Electric & 
Energy System Co., Ltd. since the publication of the 2014/2015 Final 
Results. This changed circumstances review may require an examination 
of whether these entities are a successor-in-interest to HHI or should 
be treated as a single entity with HHI pursuant to 19 CFR 351.401(f).

Public Comment

    Interested parties may submit comments on the above-referenced 
information and the notice of initiation of this changed circumstances 
review by no later than 15 calendar days after the date of publication 
of this notice in the Federal Register.\11\ Parties who wish to comment 
on the initiation of this changed circumstances review must file 
comments electronically via Enforcement and Compliance's Antidumping 
and Countervailing Duty Centralized Electronic Service System 
(ACCESS).\12\ 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. 
An electronically filed document must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time on the day on which it is 
due.\13\
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    \11\ Or the next business day, if the deadline falls on a 
weekend, federal holiday or any other day when the Department is 
closed. See 19 CFR 351.303(b).
    \12\ See 19 CFR 351.303(b) and (f).
    \13\ See 19 CFR 351.303(b).
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Preliminary and Final Results of the Review

    The Department intends to publish in the Federal Register a notice 
of the preliminary results of the antidumping duty changed 
circumstances review in accordance with 19 CFR 351.221(b)(4) and 
351.221(c)(3)(i), which will set forth the Department's preliminary 
factual and legal conclusions. The Department will issue its final 
results of the changed circumstances review in accordance with the time 
limits set forth in 19 CFR 351.216(e). At the preliminary result of 
this review, if warranted based on the Department's analysis, we may 
instruct CBP as to the appropriate cash deposit rate.

Notification to Interested Parties

    This notice is published in accordance with section 751(b)(1) of 
the Act and 19 CFR 351.221(b)(1).

    Dated: November 28, 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. 2017-26071 Filed 12-1-17; 8:45 am]
BILLING CODE 3510-DS-P



                                                57210                       Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Notices

                                                Department of Commerce building. In                     participant is a foreign national, and a              V. Benchmarks
                                                addition, a complete version of the                     list of the issues to be discussed. If a              VI. Use of Facts Otherwise Available and
                                                Preliminary Decision Memorandum can                     request for a hearing is made, the                         Adverse Inferences
                                                                                                                                                              VII. Analysis of Programs
                                                be accessed directly at http://                         Department intends to hold the hearing                VIII. Disclosure and Public Comment
                                                enforcement.trade.gov/frn. The signed                   at the U.S. Department of Commerce,                   IX. Conclusion
                                                Preliminary Decision Memorandum and                     1401 Constitution Avenue NW.,
                                                                                                                                                              [FR Doc. 2017–26065 Filed 12–1–17; 8:45 am]
                                                the electronic version of the Preliminary               Washington, DC 20230, at a time and
                                                                                                                                                              BILLING CODE 3510–DS–P
                                                Decision Memorandum are identical in                    date to be determined. Parties should
                                                content.                                                confirm by telephone the date, time, and
                                                Preliminary Results of Review                           location of the hearing two days before               DEPARTMENT OF COMMERCE
                                                                                                        the scheduled date.
                                                  In accordance with section                               Unless the deadline is extended                    International Trade Administration
                                                703(d)(1)(A)(i) of the Act, we calculated               pursuant to section 751(a)(3)(A) of the
                                                an estimated individual countervailable                 Act, we intend to issue the final results             [A–580–867]
                                                subsidy rate for each producer/exporter                 of this administrative review, including
                                                of the subject merchandise individually                                                                       Large Power Transformers From the
                                                                                                        the results of our analysis of the issues
                                                investigated during the period of                                                                             Republic of Korea: Initiation of
                                                                                                        raised by the parties in their comments,
                                                January 1, 2015, through December 31,                                                                         Antidumping Duty Changed
                                                                                                        within 120 days after issuance of these
                                                2015. We preliminarily determine these                                                                        Circumstances Review
                                                                                                        preliminary results.
                                                rates to be:                                                                                                  AGENCY:  Enforcement and Compliance,
                                                                                                           Assessment Rates and Cash Deposit
                                                                                                           Requirement                                        International Trade Administration,
                                                                                                 Subsidy
                                                             Company                              rate                                                        Department of Commerce.
                                                                                                               In accordance with 19 CFR
                                                                                                (percent)                                                     SUMMARY: The Department of Commerce
                                                                                                           351.221(b)(4)(i), we preliminarily
                                                                                                                                                              (the Department) obtained information,
                                                Hebei Jiheng Chemical Co., Ltd                       25.18 assigned subsidy rates in the amounts              with respect to certain entities,
                                                Heze Huayi Chemical Co., Ltd ...                      3.81 shown above for the producer/exporters
                                                Juancheng Kangtai Chemical
                                                                                                                                                              sufficient to warrant the self-initiation
                                                                                                           shown above. Upon issuance of the final
                                                   Co., Ltd ...................................       1.53 results, the Department shall determine,           of a changed circumstances review of
                                                                                                                                                              the antidumping duty order on large
                                                                                                           and U.S. Customs and Border Protection
                                                Disclosure and Public Comment                                                                                 power transformers (LPTs) from the
                                                                                                           (CBP) shall assess, CVDs on all
                                                                                                                                                              Republic of Korea (Korea). Interested
                                                   The Department intends to disclose                      appropriate entries covered by this
                                                                                                                                                              parties are invited to submit comments,
                                                its calculations and analysis performed                    review. We intend to issue instructions
                                                                                                                                                              as indicated below.
                                                to interested parties in this preliminary                  to CBP 15 days after publication of the
                                                                                                                                                              DATES: Applicable December 4, 2017.
                                                determination within five days of its                      final results of review.
                                                                                                               Pursuant to section 751(a)(2)(C) of the        FOR FURTHER INFORMATION CONTACT:
                                                public announcement, or if there is no
                                                public announcement, within five days                      Act, the Department also intends to                Moses Song, AD/CVD Operations, Office
                                                of the date of this notice in accordance                   instruct CBP to collect cash deposits of           VI, Enforcement and Compliance,
                                                with 19 CFR 351.224(b). Case briefs or                     estimated CVDs, in the amounts shown               International Trade Administration,
                                                other written comments may be                              above for each of the respective                   U.S. Department of Commerce, 1401
                                                submitted to the Assistant Secretary for                   companies shown above, on shipments                Constitution Avenue NW., Washington,
                                                Enforcement and Compliance no later                        of subject merchandise entered, or                 DC 20230; telephone: (202) 482–5041.
                                                than 30 days after the date of                             withdrawn from warehouse, for                      SUPPLEMENTARY INFORMATION:
                                                publication of the preliminary                             consumption on or after the date of                Background
                                                determination. Rebuttal briefs, limited                    publication of the final results of this
                                                to issues raised in case briefs, may be                    review. For all non-reviewed firms, we               On August 31, 2012, the Department
                                                submitted no later than five days after                    will instruct CBP to continue to collect           published in the Federal Register an
                                                the deadline date for case briefs.6                        cash deposits at the most-recent                   antidumping duty order on LPTs from
                                                Pursuant to 19 CFR 351.309(c)(2) and                       company-specific or all-others rate                Korea.1 Hyundai Heavy Industries Co.,
                                                (d)(2), parties who submit case briefs or                  applicable to the company, as                      Ltd. (HHI) is one of the producers/
                                                rebuttal briefs in this investigation are                  appropriate. These cash deposit                    exporters reviewed in the less-than fair-
                                                encouraged to submit with each                             requirements, when imposed, shall                  value investigation and has been
                                                argument: (1) A statement of the issue;                    remain in effect until further notice.             reviewed in each subsequent
                                                (2) a brief summary of the argument;                           These preliminary results are issued           administrative review of the Order.
                                                and (3) a table of authorities.                            and published in accordance with                   During the 2014/2015 administrative
                                                   Pursuant to 19 CFR 351.310(c),                          sections 751(a)(1) and 777(i)(1) of the            review, which is also the most recently
                                                interested parties who wish to request a Act, and 19 CFR 351.221(b)(4).                                       completed administrative review, the
                                                hearing, limited to issues raised in the                                                                      Department assigned HHI an
                                                                                                              Dated: November 27, 2017.
                                                case and rebuttal briefs, must submit a                                                                       antidumping duty rate of 60.81
                                                                                                           Carole Showers,
                                                written request to the Assistant                                                                              percent.2 To address concerns that
                                                                                                           Executive Director, Office of Policy               certain merchandise may not be
                                                Secretary for Enforcement and                              performing the duties of the Deputy Assistant
                                                Compliance, U.S. Department of                                                                                entering the United States at the
                                                                                                           Secretary for Enforcement and Compliance.
sradovich on DSK3GMQ082PROD with NOTICES




                                                Commerce within 30 days after the date                                                                        appropriate cash deposit rate, the
                                                of publication of this notice. Requests                    Appendix—List of Topics Discussed in
                                                should contain the party’s name,                           the Preliminary Decision Memorandum                  1 See Large Power Transformers from the

                                                address, and telephone number, the                                                                            Republic of Korea: Antidumping Duty Order, 77 FR
                                                                                                           I. Summary                                         53177 (August 31, 2012) (the Order).
                                                number of participants, whether any                        II. Background                                       2 See Large Power Transformers from the
                                                                                                        III. Application of CVD Law to Imports From           Republic of Korea: Final Results of Antidumping
                                                  6 See 19 CFR 351.309; see also 19 CFR 351.303               the PRC                                         Duty Administrative Review; 2014–2015, 82 FR
                                                (for general filing requirements).                      IV. Subsidies Valuation                               13432 (March 13, 2017) (2014/2015 Final Results).



                                           VerDate Sep<11>2014   18:22 Dec 01, 2017   Jkt 244001   PO 00000   Frm 00016   Fmt 4703   Sfmt 4703   E:\FR\FM\04DEN1.SGM   04DEN1


                                                                            Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Notices                                                       57211

                                                Department is self-initiating a changed                 2014, through July 31, 2015), assigning                contacted the Department.7 During this
                                                circumstances review.                                   a dumping rate of 60.81 percent to HHI.3               phone conversation, the representative
                                                                                                           On May 24, 2017, in connection with                 expressed concern that subject
                                                Scope of the Order                                                                                             merchandise produced by HHI may be
                                                                                                        the 2015/2016 administrative review
                                                   The scope of this Order covers large                 (covering the period August 1, 2015,                   entering the United States under the
                                                liquid dielectric power transformers                    through July 31, 2016), HHI submitted                  name ‘‘Hyundai Electric and energy Co.,
                                                having a top power handling capacity                                                                           Ltd.,’’ that this merchandise may be
                                                                                                        English translations of HHI’s 2016
                                                greater than or equal to 60,000 kilovolt                                                                       subject to the antidumping duty order
                                                                                                        Korean language financial statements,
                                                amperes (60 megavolt amperes),                                                                                 on LPTs from Korea, and may be
                                                                                                        requested by the Department as part of
                                                                                                                                                               entering at the ‘‘all-others’’ rate of 22
                                                whether assembled or unassembled,                       HHI’s response to the Department’s                     percent, rather than the 60.81 percent
                                                complete or incomplete.                                 supplemental questionnaire.4 HHI’s                     rate assigned to HHI in the 2014/2015
                                                   Incomplete LPTs are subassemblies                    2016 unconsolidated and consolidated                   antidumping administrative review.8
                                                consisting of the active part and any                   financial statements, both of which                       In light of the information in HHI’s
                                                other parts attached to, imported with or               ended on December 31, 2016, and                        2016 financial statements and the phone
                                                invoiced with the active parts of LPTs.                 became effective as of March 16, 2017,                 conversation discussed above, the
                                                The ‘‘active part’’ of the transformer                  list the ‘‘tentative’’ name of a newly                 Department had concerns as to whether
                                                consists of one or more of the following                established company by ‘‘spin-off,’’ as                (1) Hyundai Electric and energy Co.,
                                                when attached to or otherwise                           ‘‘Hyundai Electric and energy Co.,                     Ltd. may be entering subject
                                                assembled with one another: The steel                   Ltd.’’ 5 These financial statements also               merchandise produced by HHI into the
                                                core or shell, the windings, electrical                 identify HHI as a company that still                   United States and (2) merchandise
                                                insulation between the windings, the                    continued to exists after the ‘‘spin-off.’’ 6          entered by Hyundai Electric and energy
                                                mechanical frame for an LPT.                               Additionally, on or around August 14,               Co., Ltd. is entering at the appropriate
                                                   The product definition encompasses                   2017, a representative of Georgetown                   rate. Because Hyundai Electric and
                                                all such LPTs regardless of name                        Economic Services, LLC (an economic                    energy Co., Ltd. is a new entity, which
                                                designation, including but not limited to               consulting firm retained by Kelly Drye                 has not been covered by a prior
                                                step-up transformers, step-down                         & Warren, LLP, counsel to the petitioner               administrative review or the original
                                                transformers, autotransformers,                         in the LPTs from Korea proceeding)                     investigation, it does not have its own
                                                                                                                                                               company-specific cash deposit rate.
                                                interconnection transformers, voltage
                                                                                                                                                                  To gather additional information
                                                regulator transformers, rectifier                          3 See 2014/2015 Final Results, 82 FR 13432

                                                                                                        (March 13, 2017).                                      regarding the above-referenced company
                                                transformers, and power rectifier                          4 See Memorandum, on the subject of ‘‘Placement     (i.e., Hyundai Electric and energy Co.,
                                                transformers.                                           of Factual Information: (1) Hyundai Heavy              Ltd.), the Department conducted a
                                                   The LPTs subject to this Order are                   Industries Co., Ltd.’s Financial Statements from the   search of public information and found
                                                                                                        2015/2016 Administrative Review of the
                                                currently classifiable under subheadings                Antidumping Duty Order on Large Power                  that Hyundai Electric & Energy System
                                                8504.23.0040, 8504.23.0080, and                         Transformers from the Republic of Korea and (2)        Co., Ltd., which has a similar name to
                                                8504.90.9540 of the Harmonized Tariff                   Web site Information Regarding Hyundai Electric &      the company identified in HHI’s 2016
                                                Schedule of the United States (HTSUS).                  Energy System Co., Ltd.,’’ dated concurrently with     financial statements (i.e., Hyundai
                                                                                                        this notice (New Factual Information Placement
                                                Although the HTSUS subheadings are                      Memorandum) at Attachment 1 (citing Letter from        Electric and energy Co., Ltd.), appears to
                                                provided for convenience and customs                    HHI to the Department, regarding ‘‘Large Power         be related to HHI and/or involved in the
                                                purposes, the written description of the                Transformers from South Korea: Hyundai’s               production and sales of power
                                                                                                        Response to Questions 48 and 49 and Question 35e       transformers.9 Additionally, the
                                                scope of this Order is dispositive.                     of the Supplemental Section A Questionnaire,’’
                                                                                                        dated May 24, 2017 (HHI’s May 24, 2017,                Department conducted a query of CBP
                                                Initiation of Changed Circumstances
                                                                                                        Questionnaire Response) at Attachment 1). We note
                                                Review                                                  that HHI and its U.S. affiliate, Hyundai Corporation      7 See Memorandum to the File from Gary

                                                                                                        USA (Hyundai USA), are collectively referred to as     Taverman, Deputy Assistant Secretary for
                                                  Pursuant to section 751(b)(1) of the                  ‘‘Hyundai’’ in HHI’s May 24, 2017, Questionnaire       Antidumping and Countervailing Duty Operations,
                                                Tariff Act of 1930, as amended (the Act)                Response.                                              performing the non-executive functions and duties
                                                and 19 CFR 351.216(d), the Department                      5 Id. (citing HHI’s May 24, 2017, Questionnaire     of the Assistant Secretary for Enforcement and
                                                                                                        Response at Attachment 1). We note that HHI’s May      Compliance, regarding ‘‘Phone Call,’’ dated
                                                will conduct a changed circumstances                    24, 2017, Questionnaire Response at Attachment 1       concurrently with this notice (Phone Call
                                                review upon receipt of information                      contains HHI’s 2016 unconsolidated financial           Memorandum).
                                                concerning, or a request from an                        statements named ‘‘Hyundai Heavy Industries Co.,          8 See Phone Call Memorandum.

                                                interested party for a review of, an                    Ltd. Separate Financial Statements December 31.           9 See New Factual Information Placement
                                                                                                        2016’’ (HHI’s 2016 unconsolidated financial            Memorandum, at Attachment 2. We note that
                                                antidumping duty order which shows                      statements). Page 100 of HHI’s 2016 unconsolidated     although the company name is slightly different
                                                changed circumstances sufficient to                     financial statements notes that Hyundai Electric       (i.e., ‘‘Hyundai Electric and energy Co., Ltd.’’ from
                                                warrant such a review of the order. In                  and energy Co., Ltd. is a ‘‘{n}ewly established        HHI’s 2016 financial statements and ‘‘Hyundai
                                                                                                        company by spin-off’’ and that HHI is a                Electric & Energy System Co., Ltd.’’ from its Web
                                                this case, the Department is self-                      ‘‘{r}emaining company after spin-ff.’’ We also note    site), the names are very similar and HHI’s financial
                                                initiating a changed circumstances                      that this attachment contains HHI’s 2016               statements state that ‘‘Hyundai Electric and energy
                                                review based on information obtained                    consolidated financial statements named ‘‘Hyundai      Co., Ltd.’’ is a tentative name. According to the Web
                                                (1) during the course of the 2014/2015                  Heavy Industries Co., Ltd. and Subsidiaries            site, Hyundai Electric & Energy System Co., Ltd.
                                                                                                        Consolidated Financial Statements December 31,         was established on April 3, 2017, which is after the
                                                and 2015/2016 administrative reviews,                   2016’’ (HHI’s 2016 consolidated financial              effective date of HHI’s 2016 financial statements
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                                                (2) via public search, and (3) from U.S.                statements). The page 143 of HHI’s 2016                (i.e., March 16, 2017) and the date of spin-off (i.e.,
                                                Customs and Border Protection (CBP)                     consolidated financial statements notes that           April 1, 2017) identified in HHI’s 2016 financial
                                                data, as detailed below.                                Hyundai Electric and energy Co., Ltd. is a ‘‘{n}ewly   statements. We also note that the Web site of
                                                                                                        established company by spin-off’’ and HHI is a         ‘‘Hyundai Electric & Energy System Co., Ltd.’’ states
                                                  On March 13, 2017, the Department                     ‘‘{r}emaining company after spin-off.’’ Both           that ‘‘Hyundai Heavy Industries’ Electric Systems
                                                published the final results of the 2014/                financial statements indicate that the date of spin-   Division . . . is making a fresh start as Hyundai
                                                                                                        off is April 1, 2017.                                  Electric’’ and lists ‘‘Power Transformer’’ as one of
                                                2015 antidumping administrative                            6 Id. (citing HHI’s May 24, 2017, Questionnaire     its businesses. The history section of this Web site
                                                review (covering the period August 1,                   Response at Attachment 1).                                                                         Continued




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                                                57212                       Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Notices

                                                import data for entries of subject                      Federal Register.11 Parties who wish to                36; 80 Stat. 897; 15 CFR part 301), we
                                                merchandise that entered the United                     comment on the initiation of this                      invite comments on the question of
                                                States from the Federal Register                        changed circumstances review must file                 whether instruments of equivalent
                                                publication date of the 2014/2015 Final                 comments electronically via                            scientific value, for the purposes for
                                                Results (i.e., March 13, 2017) to October               Enforcement and Compliance’s                           which the instruments shown below are
                                                31, 2017.10 Because Hyundai Electric &                  Antidumping and Countervailing Duty                    intended to be used, are being
                                                Energy System Co., Ltd. has not been                    Centralized Electronic Service System                  manufactured in the United States.
                                                covered by a prior administrative review                (ACCESS).12 Access to ACCESS is                           Comments must comply with 15 CFR
                                                or the original investigation, it does not              available to registered users at http://               301.5(a)(3) and (4) of the regulations and
                                                have its own company-specific cash                      access.trade.gov and is available to all               be postmarked on or before December
                                                deposit rate.                                           parties in the Central Records Unit,                   26, 2017. Address written comments to
                                                   Based on (1) information contained in                Room B8024 of the main Department of                   Statutory Import Programs Staff, Room
                                                the CBP import data, (2) concerns that                  Commerce building. An electronically                   3720, U.S. Department of Commerce,
                                                Hyundai Electric and energy Co., Ltd.,                  filed document must be received                        Washington, DC 20230. Applications
                                                may be entering merchandise produced                    successfully in its entirety by ACCESS                 may be examined between 8:30 a.m. and
                                                by HHI, (3) public information                          by 5:00 p.m. Eastern Time on the day on                5:00 p.m. at the U.S. Department of
                                                indicating that Hyundai Electric &                      which it is due.13                                     Commerce in Room 3720.
                                                Energy System Co., Ltd., which has a                                                                              Docket Number: 17–014. Applicant:
                                                name similar to that of the company                     Preliminary and Final Results of the                   Fermi Research Alliance, 2000 East
                                                identified in the above-referenced                      Review                                                 Wilson Street, Batavia, IL 60510.
                                                phone call, appears to be involved in                     The Department intends to publish in                 Instrument: ICARUS T600 Detector.
                                                the production/sales of power                           the Federal Register a notice of the                   Manufacturer: The European
                                                transformers, and (4) the fact that                     preliminary results of the antidumping                 Organization for Nuclear Research,
                                                neither of these entities have their own                duty changed circumstances review in                   Switzerland. Intended Use: The
                                                company-specific cash deposit rate,                     accordance with 19 CFR 351.221(b)(4)                   instrument will be used to study the rate
                                                there is a serious concern that entries                 and 351.221(c)(3)(i), which will set forth             at which muon neutrinos, a type of
                                                made by either of these entities since                  the Department’s preliminary factual                   elementary particle, change flavor to
                                                the 2014/2015 Final Results may                         and legal conclusions. The Department                  electron neutrinos as they travel the
                                                include merchandise produced by HHI                     will issue its final results of the changed            distance between three LArTPC
                                                or otherwise may not be entering at the                 circumstances review in accordance                     detectors. This is the only instrument
                                                appropriate rate.                                       with the time limits set forth in 19 CFR               that meets the requirements for position
                                                   In accordance with the above-                        351.216(e). At the preliminary result of               and time resolution of particle
                                                referenced statute and regulation, and                  this review, if warranted based on the                 trajectories. Justification for Duty-Free
                                                based on the information obtained                       Department’s analysis, we may instruct                 Entry: There are no instruments of the
                                                above, the Department finds that there                  CBP as to the appropriate cash deposit                 same general category manufactured in
                                                is information which shows changed                      rate.                                                  the United States. Application accepted
                                                circumstances sufficient to warrant                                                                            by Commissioner of Customs: July 12,
                                                initiation of such a review to determine                Notification to Interested Parties
                                                                                                                                                               2017.
                                                whether action is necessary to maintain                   This notice is published in                             Docket Number: 17–015. Applicant:
                                                the integrity of the Order. Therefore, the              accordance with section 751(b)(1) of the               New Mexico Institute of Mining and
                                                Department is self-initiating a changed                 Act and 19 CFR 351.221(b)(1).                          Technology, 801 Leroy Place, Socorro,
                                                circumstances review to determine the                     Dated: November 28, 2017.                            NM 87801. Instrument: Unit Telescope
                                                appropriate cash deposit rate for any                   Gary Taverman,                                         Enclosure #1 (UTE1). Manufacturer:
                                                merchandise entered by either Hyundai                                                                          European Industrial Engineering (EIE)
                                                                                                        Deputy Assistant Secretary for Antidumping
                                                Electric and energy Co., Ltd. or Hyundai                and Countervailing Duty Operations,                    Group, Italy. Intended Use: The
                                                Electric & Energy System Co., Ltd. since                performing the non-exclusive functions and             instrument will be used to study star
                                                the publication of the 2014/2015 Final                  duties of the Assistant Secretary for                  and planet formation, active galactic
                                                Results. This changed circumstances                     Enforcement and Compliance.                            nuclei and stellar accretion and mass
                                                review may require an examination of                    [FR Doc. 2017–26071 Filed 12–1–17; 8:45 am]            loss. Unique features of the instrument
                                                whether these entities are a successor-                 BILLING CODE 3510–DS–P                                 include access to all astronomical
                                                in-interest to HHI or should be treated                                                                        objects above 30 degrees in elevation,
                                                as a single entity with HHI pursuant to                                                                        with an inner axis rotation angle
                                                19 CFR 351.401(f).                                      DEPARTMENT OF COMMERCE                                 between +40 degrees and ¥50 degrees,
                                                Public Comment                                                                                                 as well as thermal stability and
                                                                                                        International Trade Administration                     protection from shock load and
                                                  Interested parties may submit
                                                                                                        Application(s) for Duty-Free Entry of                  vibration. Justification for Duty-Free
                                                comments on the above-referenced
                                                                                                        Scientific Instruments                                 Entry: There are no instruments of the
                                                information and the notice of initiation
                                                                                                                                                               same general category manufactured in
                                                of this changed circumstances review by
                                                                                                          Pursuant to Section 6(c) of the                      the United States. Application accepted
                                                no later than 15 calendar days after the
                                                                                                        Educational, Scientific and Cultural                   by Commissioner of Customs: July 24,
                                                date of publication of this notice in the
                                                                                                        Materials Importation Act of 1966 (Pub.                2017.
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                                                further indicates that Hyundai Electric & Energy
                                                                                                        L. 89–651, as amended by Pub. L. 106–                     Docket Number: 17–016. Applicant:
                                                System Co., Ltd. is engaged in the transformer                                                                 Yale University, 333 Cedar Street, SHM
                                                                                                          11 Or the next business day, if the deadline falls
                                                business. In addition, under this Web site, HHI is                                                             B323, New Haven, CT 06520.
                                                listed as one of the ‘‘Family Site.’’                   on a weekend, federal holiday or any other day
                                                   10 See Memorandum, on the subject of ‘‘Release       when the Department is closed. See 19 CFR
                                                                                                                                                               Instrument: Mosquito crystal robot.
                                                of U.S. Customs and Border Protection Import            351.303(b).                                            Manufacturer: TTP Labtech, United
                                                Data,’’ dated currently with this notice (CBP             12 See 19 CFR 351.303(b) and (f).                    Kingdom. Intended Use: The instrument
                                                Memorandum).                                              13 See 19 CFR 351.303(b).                            will be used to obtain crystals of the


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Document Created: 2017-12-02 00:41:12
Document Modified: 2017-12-02 00:41:12
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 December 4, 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 57210 

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