83 FR 24973 - Large Power Transformers From the Republic of Korea: Notice of Preliminary Results of Antidumping Duty Changed Circumstances Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 105 (May 31, 2018)

Page Range		24973-24974
FR Document		2018-11713

The Department of Commerce preliminarily determines that Hyundai Electric & Energy Systems Co., Ltd. (HEES) is the successor-in- interest to Hyundai Heavy Industries Co., Ltd. (HHI), and that HHI's current cash deposit rate is the rate applicable for all entries of large power transformers exported by HEES. Further, we preliminarily determine that the application of the cash deposit rate applicable to HEES shall be made retroactively to the effective date of the first entry by HEES.

Federal Register, Volume 83 Issue 105 (Thursday, May 31, 2018)

[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Notices]
[Pages 24973-24974]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11713]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-867]


Large Power Transformers From the Republic of Korea: Notice of 
Preliminary Results of Antidumping Duty Changed Circumstances Review

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

SUMMARY: The Department of Commerce preliminarily determines that 
Hyundai Electric & Energy Systems Co., Ltd. (HEES) is the successor-in-
interest to Hyundai Heavy Industries Co., Ltd. (HHI), and that HHI's 
current cash deposit rate is the rate applicable for all entries of 
large power transformers exported by HEES. Further, we preliminarily 
determine that the application of the cash deposit rate applicable to 
HEES shall be made retroactively to the effective date of the first 
entry by HEES.

DATES: Applicable May 31, 2018.

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 of Commerce (Commerce) published 
in the Federal Register an antidumping duty order on large power 
transformers (LPTs) from the Republic of Korea (Korea).\1\ 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, 
covering the period August 1, 2014, through July 31, 2015, Commerce 
assigned HHI an antidumping duty rate of 60.81 percent, finding that 
the application of total adverse facts available (AFA) was 
warranted.\2\ In addition, during the 2015/2016 administrative review, 
covering the period August 1, 2015, through July 31, 2016, Commerce 
continued to assign HHI an antidumping duty rate of 60.81 percent, 
finding that the application of total AFA was warranted.\3\
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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).
    \3\ See Large Power Transformers from the Republic of Korea: 
Final Results of Antidumping Duty Administrative Review; 2015-2016, 
83 FR 11679 (March 16, 2018) (2015-2016 Final Results).
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    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act) and 19 CFR 351.216(d), on December 4, 2017, Commerce self-
initiated a Changed Circumstances Review (CCR) regarding HHI's new spin 
off company, HEES, based on information obtained (1) during the course 
of the 2014/2015 and 2015/2016 administrative reviews, (2) via public 
search and the phone conversation with a representative retained by ABB 
Inc.'s (ABB's or the petitioner's) counsel, and (3) from U.S. Customs 
and Border Protection (CBP) data.\4\
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    \4\ See Large Power Transformers from the Republic of Korea: 
Initiation of Antidumping Duty Changed Circumstances Review, 82 FR 
57210 (December 4, 2017) (Initiation Notice).
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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.

Methodology

    We are conducting this CCR in accordance with section 751(b)(1) of 
the Act. For a full description of the methodology underlying our 
analysis, see the accompanying Preliminary Decision Memorandum.\5\
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    \5\ 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, entitled ``Preliminary Results of 
Changed Circumstances Review Regarding Successor-In-Interest 
Analysis: Large Power Transformers from the Republic of Korea'' 
dated concurrently with this notice (Preliminary Decision 
Memorandum).
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Preliminary Results of Changed Circumstances Review

    In accordance with 19 CFR 351.216, we preliminarily determine that 
HEES is the successor-in-interest to HHI. Record evidence, as submitted 
by HHI and HEES (collectively, Hyundai), indicates that, based on the 
totality of the circumstances under Commerce's successor-in-interest 
criteria, HEES's day-to-day operations, corporate and management 
structure, and ownership are materially similar to those of HHI before 
the spin-off with respect to the merchandise under review. Moreover, we 
preliminarily find that HEES assumed HHI's production facilities, 
supplier relationships, and the customer base with regard to the 
merchandise under review. For the complete successor-in-interest 
analysis, including discussion of business proprietary information, 
refer to the accompanying Preliminary Decision Memorandum.
    Therefore, based on record evidence, we preliminarily determine 
that as the successor-in-interest to HHI, HEES should receive the same 
antidumping duty treatment with respect to the subject merchandise as 
HHI, and that the rate assigned to HHI is the rate for HEES as a result 
of our successor-in-interest finding.
    Further, as a result of Hyundai's corporate reorganization, HEES 
has been

[[Page 24974]]

entering subject merchandise at the lower all-others cash deposit rate 
as opposed to the cash deposit rate applicable to HHI. Because we 
preliminarily find that HEES is the successor-in-interest to HHI, we 
also preliminarily determine that, as a result of Hyundai's business 
decision to spin off HEES and for HEES to enter subject merchandise as 
the manufacturer and/or exporter, the efficacy of the Order is 
undermined, depriving the domestic industry of the full magnitude of 
the remedy via the payment of appropriate cash deposits applicable to 
HHI. Therefore, to maintain the effectiveness of the Order and to 
provide the adequate relief to the domestic industry, we preliminarily 
determine that the unique facts of this CCR warrant the retroactive 
application of the cash deposit rate to the effective date of the first 
entry by HEES. If we continue to reach the same determination at the 
final results of this CCR, we will instruct CBP to collect the cash 
deposits accordingly.

Public Comment

    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of publication of this notice in the Federal 
Register. In accordance with 19 CFR 351.309(c)(1)(ii), interested 
parties may submit case briefs not later than 30 days after the date of 
publication of this notice. Rebuttal briefs, limited to issues raised 
in the case briefs, may be filed no later than five days after the case 
briefs, in accordance with 19 CFR 351.309(d). Parties who submit case 
or rebuttal briefs are encouraged to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities. All comments are to be filed electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS) and must also be served 
on interested parties. 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.\6\
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    \6\ See 19 CFR 351.303(b).
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    Consistent with 19 CFR 351.216(e), we will intend to issue the 
final results of this changed circumstances review no later than 270 
days after the date on which this review was initiated, or within 45 
days if all parties agree to our preliminary finding.

Notification to Interested Parties

    This notice is published in accordance with sections 751(b)(1) of 
the Act and 19 CFR 351.216(b), 351.221(b) and 351.221(c)(3).

    Dated: May 24, 2018.
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 I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Successor-In-Interest Determination
V. Retroactive Application of HHI's Cash Deposit Rate to HEES
VI. Recommendation

[FR Doc. 2018-11713 Filed 5-30-18; 8:45 am]
BILLING CODE 3510-DS-P

24974 Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices

entering subject merchandise at the within 45 days if all parties agree to our DATES: This affirmative finding is
lower all-others cash deposit rate as preliminary finding. effective for the five-year period of April
opposed to the cash deposit rate 1, 2018, through March 31, 2023.
Notification to Interested Parties
applicable to HHI. Because we FOR FURTHER INFORMATION CONTACT:
preliminarily find that HEES is the This notice is published in Justin Greenman, West Coast Region,
successor-in-interest to HHI, we also accordance with sections 751(b)(1) of National Marine Fisheries Service, 501
preliminarily determine that, as a result the Act and 19 CFR 351.216(b), W. Ocean Blvd., Suite 4200, Long
of Hyundai’s business decision to spin 351.221(b) and 351.221(c)(3). Beach, CA 90802. Phone: 562–980–
off HEES and for HEES to enter subject Dated: May 24, 2018. 3264. Email: justin.greenman@noaa.gov.
merchandise as the manufacturer and/or Gary Taverman, SUPPLEMENTARY INFORMATION: The
exporter, the efficacy of the Order is Deputy Assistant Secretary for Antidumping MMPA, 16 U.S.C. 1361 et seq., allows
undermined, depriving the domestic and Countervailing Duty Operations, for importation into the United States of
industry of the full magnitude of the performing the non-exclusive functions and yellowfin tuna harvested by purse seine
remedy via the payment of appropriate duties of the Assistant Secretary for vessels in the ETP under certain
cash deposits applicable to HHI. Enforcement and Compliance. conditions. If requested by the
Therefore, to maintain the effectiveness harvesting nation, the Assistant
Appendix I
of the Order and to provide the adequate Administrator will determine whether
relief to the domestic industry, we List of Topics Discussed in the Preliminary
to make an affirmative finding based
preliminarily determine that the unique Decision Memorandum
upon documentary evidence provided
facts of this CCR warrant the retroactive I. Summary by the government of the harvesting
application of the cash deposit rate to II. Background
nation, the IATTC, or the Department of
the effective date of the first entry by III. Scope of the Order
IV. Successor-In-Interest Determination State.
HEES. If we continue to reach the same The affirmative finding process
determination at the final results of this V. Retroactive Application of HHI’s Cash
Deposit Rate to HEES requires that the harvesting nation is
CCR, we will instruct CBP to collect the VI. Recommendation meeting its obligations under the AIDCP
cash deposits accordingly. and its obligations of membership in the
[FR Doc. 2018–11713 Filed 5–30–18; 8:45 am]
Public Comment BILLING CODE 3510–DS–P
IATTC. Every five years, the government
of the harvesting nation must request a
Pursuant to 19 CFR 351.310(c), any new affirmative finding and submit the
interested party may request a hearing required documentary evidence directly
DEPARTMENT OF COMMERCE
within 30 days of publication of this to the Assistant Administrator. On an
notice in the Federal Register. In National Oceanic and Atmospheric annual basis, NMFS reviews the
accordance with 19 CFR Administration affirmative finding and determines
351.309(c)(1)(ii), interested parties may whether the harvesting nation continues
submit case briefs not later than 30 days RIN 0648–XG229
to meet the requirements. A nation may
after the date of publication of this provide information related to
notice. Rebuttal briefs, limited to issues Taking and Importing of Marine
Mammals compliance with AIDCP and IATTC
raised in the case briefs, may be filed no measures directly to NMFS on an
later than five days after the case briefs, AGENCY: National Marine Fisheries annual basis or may authorize the
in accordance with 19 CFR 351.309(d). Service (NMFS), National Oceanic and IATTC to release the information to
Parties who submit case or rebuttal Atmospheric Administration (NOAA), NMFS to annually renew an affirmative
briefs are encouraged to submit with Commerce. finding determination without an
each argument: (1) A statement of the application from the harvesting nation.
ACTION: Notice; five-year affirmative
issue; (2) a brief summary of the An affirmative finding will be
finding for El Salvador.
argument; and (3) a table of authorities. terminated, in consultation with the
All comments are to be filed SUMMARY: The NMFS Assistant Secretary of State, if the Assistant
electronically via Enforcement and Administrator (Assistant Administrator) Administrator determines that the
Compliance’s Antidumping and has issued a five-year affirmative requirements of 50 CFR 216.24(f) are no
Countervailing Duty Centralized finding for the Government of El longer being met or that a nation is
Electronic Service System (ACCESS) Salvador under the Marine Mammal consistently failing to take enforcement
and must also be served on interested Protection Act (MMPA). This actions on violations, thereby
parties. Access to ACCESS is available affirmative finding will allow diminishing the effectiveness of the
to registered users at http:// importation into the United States of AIDCP.
access.trade.gov and is available to all yellowfin tuna and yellowfin tuna As a part of the affirmative finding
parties in the Central Records Unit, products harvested in the eastern process set forth in 50 CFR 216.24(f)(8),
Room B8024 of the main Department of tropical Pacific Ocean (ETP) in the Assistant Administrator considered
Commerce building. An electronically compliance with the Agreement on the documentary evidence submitted by the
filed document must be received International Dolphin Conservation Government of El Salvador and obtained
successfully in its entirety by ACCESS Program (AIDCP) by purse seine vessels from the IATTC and has determined
by 5:00 p.m. Eastern Time on the day on operating under Salvadoran jurisdiction that El Salvador has met the MMPA’s
which it is due.6 or exported from El Salvador. NMFS requirements to receive an affirmative
amozie on DSK3GDR082PROD with NOTICES1

Consistent with 19 CFR 351.216(e), bases the affirmative finding finding.
we will intend to issue the final results determination on reviews of After consultation with the
of this changed circumstances review no documentary evidence submitted by the Department of State, the Assistant
later than 270 days after the date on Government of El Salvador and by Administrator issued a five-year
which this review was initiated, or information obtained from the Inter- affirmative finding to El Salvador,
American Tropical Tuna Commission allowing the importation into the
6 See 19 CFR 351.303(b). (IATTC). United States of yellowfin tuna and

VerDate Sep<11>2014 17:46 May 30, 2018 Jkt 241001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\31MYN1.SGM 31MYN1

Document Created: 2018-05-31 00:48:51
Document Modified: 2018-05-31 00:48:51

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		Applicable May 31, 2018.
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.
FR Citation		83 FR 24973

83 FR 24973 - Large Power Transformers From the Republic of Korea: Notice of Preliminary Results of Antidumping Duty Changed Circumstances Review

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 83, Issue 105 (May 31, 2018)

DEPARTMENT OF COMMERCE
International Trade Administration