83_FR_45589 83 FR 45415 - Large Power Transformers From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017

83 FR 45415 - Large Power Transformers From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 174 (September 7, 2018)

Page Range45415-45417
FR Document2018-19428

The Department of Commerce (Commerce) preliminarily determines that Hyundai Heavy Industries Co., Ltd. (HHI) and Hyundai Electric & Energy Systems Co. (HEES) (collectively, Hyundai) made sales of subject merchandise at less than normal value, and that Hyosung Corporation (Hyosung) did not make sales of subject merchandise at less than normal value, during the period of review (POR) August 1, 2016, through July 31, 2017. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 83 Issue 174 (Friday, September 7, 2018)
[Federal Register Volume 83, Number 174 (Friday, September 7, 2018)]
[Notices]
[Pages 45415-45417]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19428]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-867]


Large Power Transformers From the Republic of Korea: Preliminary 
Results of Antidumping Duty Administrative Review; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Hyundai Heavy Industries Co., Ltd. (HHI) and Hyundai Electric & 
Energy Systems Co. (HEES) (collectively, Hyundai) made sales of subject 
merchandise at less than normal value, and that Hyosung Corporation 
(Hyosung) did not make sales of subject merchandise at less than normal 
value, during the period of review (POR) August 1, 2016, through July 
31, 2017. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable September 7, 2018.

FOR FURTHER INFORMATION CONTACT: Joshua DeMoss, Tyler Weinhold, or John 
Drury, AD/CVD Operations, Office VI, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
3362, (202) 482-1121, or (202) 482-0195, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce initiated this review on October 16, 2017.\1\ We selected 
two mandatory respondents in this review, Hyosung and HHI.\2\ Commerce 
exercised its discretion to toll all deadlines affected by the closure 
of the Federal Government from January 20 through 22, 2018. The revised 
deadline for the preliminary results of this review is August 31, 
2018.\3\ For a more detailed description of the events that followed 
the initiation of this review, see the Preliminary Decision Memorandum, 
dated concurrently with these results and hereby adopted by this 
notice.\4\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 48051 (October 16, 2017) (Initiation 
Notice).
    \2\ In accordance with Commerce's decision in the LPTs from 
Korea changed circumstances review, Commerce has determined that 
HEES is the successor-in-interest to HHI. See Large Power 
Transformers from the Republic of Korea: Notice of Preliminary 
Results of Antidumping Duty Changed Circumstances Review, 83 FR 
24973 (May 31, 2018) (LPTs from Korea CCR) (unchanged in Large Power 
Transformers from the Republic of Korea: Notice of Final Results of 
Antidumping Duty Changed Circumstances Review, signed August 28, 
2018; pending publication).
    \3\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days.
    \4\ See Memorandum to Gary Taverman, Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, from James Maeder, Senior Director, 
performing the duties of Deputy Assistant Secretary for Antidumping 
and Countervailing Duty Operations, entitled ``Decision Memorandum 
for Preliminary Results of Antidumping Duty Administrative Review: 
Large Power Transformers from the Republic of Korea; 2016-2017'' 
(Preliminary Decision Memorandum), dated concurrently with this 
notice.
---------------------------------------------------------------------------

    The Preliminary Decision Memorandum is a public document and

[[Page 45416]]

is on file electronically via Enforcement and Compliance's Antidumping 
and Countervailing Duty Centralized Electronic Service System (ACCESS). 
Access to ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. A list of topics discussed in the Preliminary Decision 
Memorandum is attached as an Appendix to this notice. The signed 
Preliminary Decision Memorandum and the electronic versions of the 
Preliminary Decision Memorandum are identical in content.

Scope of the Order

    The scope of this order covers large liquid dielectric power 
transformers having a top power handling capacity greater than or equal 
to 60,000 kilovolt amperes (60 megavolt amperes), whether assembled or 
unassembled, complete or incomplete. The merchandise subject to the 
order is currently classified in the Harmonized Tariff Schedule of the 
United States at subheadings 8504.23.0040, 8504.23.0080 and 
8504.90.9540. This tariff classification is provided for convenience 
and Customs purposes; however, the written description of the scope of 
the order is dispositive.\5\
---------------------------------------------------------------------------

    \5\ The full text of the scope of the order is contained in 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Methodology

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

Facts Available

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

Rate for Non-Selected Companies

    In accordance with the U.S. Court of Appeals for the Federal 
Circuit's decision in Albemarle Corp. v. United States,\6\ we are 
applying to the non-selected companies the rate preliminarily applied 
to Hyosung in this administrative review.\7\ This is the only rate 
determined in this review for individual respondents and, thus, should 
be applied to the three non-selected companies under section 
735(c)(5)(B) of the Act. For a detailed discussion, see the Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

    \6\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016).
    \7\ See, e.g., Certain Small Diameter Carbon and Alloy Seamless 
Standard, Line, and Pressure Pipe (Under 4\1/2\ Inches) from Japan: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2014-2015, 81 FR 45124, 
45124 (July 12, 2016), unchanged in Certain Small Diameter Carbon 
and Alloy Seamless Standard, Line, and Pressure Pipe (Under 4\1/2\ 
Inches) from Japan: Final Results of Antidumping Duty Administrative 
Review and Final Determination of No Shipments; 2014-2015, 81 FR 
80640, 80641 (November 16, 2016).
---------------------------------------------------------------------------

Preliminary Results of Review

    We preliminarily determine that, for the period August 1, 2016, 
through July 31, 2017, the following weighted-average dumping margins 
exist: \8\
---------------------------------------------------------------------------

    \8\ As AFA, we preliminarily assign Hyundai a dumping margin of 
60.81 percent, an AFA rate used in the previous review. See Large 
Power Transformers from the Republic of Korea: Final Results of 
Antidumping Duty Administrative Review; 2014-2015, 82 FR 13432 
(March 13, 2017).

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Hyosung Corporation.........................................        0.00
Hyundai Heavy Industries Co., Ltd./Hyundai Electric & Energy       60.81
 Systems Co., Ltd...........................................
Iljin Electric Co., Ltd.....................................        0.00
Iljin.......................................................        0.00
LSIS Co., Ltd...............................................        0.00
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce will disclose to parties to the proceeding any 
calculations performed in connection with these preliminary results of 
review within five days after the date of publication of this 
notice.\9\ Commerce will announce the briefing schedule to interested 
parties at a later date. Interested parties may submit case briefs on 
the deadline that Commerce will announce.\10\ Rebuttal briefs, the 
content of which is limited to the issues raised in the case briefs, 
must be filed within five days from the deadline date for the 
submission of case briefs.\11\
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.224(b).
    \10\ See 19 CFR 351.309(c)(1)(ii) and (d)(1).
    \11\ See 19 CFR 351.309(d)(1) and (2).
---------------------------------------------------------------------------

    Parties who submit case or rebuttal briefs in this proceeding are 
requested to submit with each argument: (1) A statement of the issue; 
(2) a brief summary of the argument; and (3) a table of 
authorities.\12\ Case and rebuttal briefs should be filed using 
ACCESS.\13\ Case and rebuttal briefs must be served on interested 
parties.\14\ Executive summaries should be limited to five pages total, 
including footnotes.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.309(c)(2).
    \13\ See generally 19 CFR 351.303.
    \14\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days of the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address and telephone number; (2) the number of participants; and 
(3) a list of issues parties intend to discuss. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs. If a request for a hearing is made, Commerce intends 
to hold the hearing at the U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230, at a date and time to be 
determined.\15\ Parties should confirm the date, time, and location of 
the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Commerce intends to publish the final results of this 
administrative review, including the results of its analysis of issues 
raised in any case or rebuttal brief, no later than 120 days after 
publication of these preliminary results, unless extended.\16\
---------------------------------------------------------------------------

    \16\ See section 751(a)(3)(A) of the Act; 19 CFR 351.213(h).
---------------------------------------------------------------------------

Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine, and Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries. If a respondent's 
weighted-average dumping margin is not zero or de minimis in the final 
results of this review and the respondent reported reliable entered 
values, we will calculate importer-specific ad valorem assessment rates 
for the merchandise based on the ratio of the total amount of dumping 
calculated for the examined

[[Page 45417]]

sales made during the period of review to each importer to the total 
entered value of those same sales in accordance with 19 CFR 
351.212(b)(1). If the respondent has not reported reliable entered 
values, we will calculate a per-unit assessment rate for each importer 
by dividing the total amount of dumping for the examined sales made 
during the period of review to that importer by the total sales 
quantity associated with those transactions. Where an importer-specific 
ad valorem assessment rate is zero or de minimis, we will instruct CBP 
to liquidate the appropriate entries without regard to antidumping 
duties in accordance with 19 CFR 351.106(c)(2). If the respondent's 
weighted-average dumping margin is zero or de minimis in the final 
results of review, we will instruct CBP not to assess duties on any of 
its entries in accordance with the Final Modification for Reviews, 
i.e., ``{w{time} here the weighted-average margin of dumping for the 
exporter is determined to be zero or de minimis, no antidumping duties 
will be assessed.'' \17\
---------------------------------------------------------------------------

    \17\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews).
---------------------------------------------------------------------------

    If the preliminary results are unchanged for the final results, we 
will instruct CBP to apply an ad valorem assessment rate of 60.81 
percent to all entries of subject merchandise during the period of 
review which were produced and/or exported by Hyundai.
    Regarding entries of subject merchandise during the period of 
review that were produced by Hyosung and Hyundai and for which they did 
not know that the merchandise was destined for the United States, we 
will instruct CBP to liquidate un-reviewed entries at the all-others 
rate of 22.00 percent, as established in the less-than-fair-value 
investigation of the order, if there is no rate for the intermediate 
company(ies) involved in the transaction.\18\ For a full discussion of 
this matter, see Assessment Policy Notice.\19\
---------------------------------------------------------------------------

    \18\ See Large Power Transformers from the Republic of Korea: 
Antidumping Duty Order, 77 FR 53177 (August 31, 2012).
    \19\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
---------------------------------------------------------------------------

    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for Hyosung and 
Hyundai and other companies listed above will be equal to the weighted-
average dumping margin established in the final results of this 
administrative review; (2) for previously reviewed or investigated 
companies not listed above, the cash deposit rate will continue to be 
the company-specific rate published for the most recently completed 
segment of this proceeding in which they were reviewed; (3) if the 
exporter is not a firm covered in this review, a prior review, or in 
the investigation but the producer is, the cash deposit rate will be 
the rate established for the most recently completed segment of this 
proceeding for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
the all-others rate of 22.00 percent, the rate established in the 
investigation of this proceeding.\20\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \20\ See Large Power Transformers from the Republic of Korea: 
Antidumping Duty Order, 77 FR 53177 (August 31, 2012).
---------------------------------------------------------------------------

Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 31, 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--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Deadline for Submission of Updated Sales and Cost Information
IV. Scope of the Order
V. Discussion of the Methodology
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
    C. Home Market Viability as Comparison Market
    D. Level of Trade
    E. Cost of Production
    F. Calculation of Normal Value Based on Comparison Market Prices
    G. Price-to-Constructed Value Comparison
VI. Application of Facts Available and Use of Adverse Inference
    A. Application of Facts Available
    B. Use of Adverse Inference
    C. Selection and Corroboration of the Adverse Facts Available 
Rate
VII. Discussion of The Issues
    A. Hyundai-Specific Issues
VIII. Rate for Non-Selected Companies
IX. Parts
X. Recommendation

[FR Doc. 2018-19428 Filed 9-6-18; 8:45 am]
BILLING CODE 3510-DS-P



                                                                           Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Notices                                                   45415

                                               organizations’ civil nuclear industry                   ADRRESSES section. If you are interested              during the period of review (POR)
                                               export promotion efforts; and                           in nominating someone to become a                     August 1, 2016, through July 31, 2017.
                                                  (7) The development of U.S.                          member of the CINTAC, please provide                  Interested parties are invited to
                                               Government programs to encourage                        the following information (2 pages                    comment on these preliminary results.
                                               producers of civil nuclear products and                 maximum):                                             DATES: Applicable September 7, 2018.
                                               services to enter new foreign markets, in                  (1) Name;                                          FOR FURTHER INFORMATION CONTACT:
                                               connection with which CINTAC may                           (2) Title;                                         Joshua DeMoss, Tyler Weinhold, or John
                                               advise on how to gather, disseminate,                      (3) Work phone, fax, and, email                    Drury, AD/CVD Operations, Office VI,
                                               and promote awareness of information                    address;                                              Enforcement and Compliance,
                                               on civil nuclear exports and related                       (4) Name of entity to be represented               International Trade Administration,
                                               trade issues.                                           and address including website address;                U.S. Department of Commerce, 1401
                                                                                                          (5) Short biography of nominee                     Constitution Avenue NW, Washington,
                                               II. Membership
                                                                                                       including credentials;                                DC 20230; telephone: (202) 482–3362,
                                                  CINTAC shall consist of                                 (6) Brief description of the entity and
                                               approximately 40 members appointed                                                                            (202) 482–1121, or (202) 482–0195,
                                                                                                       its business activities, size (number of              respectively.
                                               by the Secretary, in accordance with                    employees and annual sales), and export
                                               applicable Department of Commerce                       markets served; and,                                  SUPPLEMENTARY INFORMATION:
                                               guidance and based on their ability to                     (7) An affirmative statement that the              Background
                                               carry out the objectives of the                         applicant and entity to be represented
                                               Committee. Members shall represent                      meet all eligibility criteria, specifically              Commerce initiated this review on
                                               U.S. entities involved in the export of                 addressing that the applicant:                        October 16, 2017.1 We selected two
                                               civil nuclear products and services and                    (a) Is a U.S. citizen; and                         mandatory respondents in this review,
                                               reflect the diversity of this sector,                      (b) Is not required to register as a               Hyosung and HHI.2 Commerce
                                               including in terms of entities’ size and                foreign agent under the Foreign Agents                exercised its discretion to toll all
                                               geographic location. The Committee                      Registration Act of 1938, as amended.                 deadlines affected by the closure of the
                                               shall also represent the diversity of                      Please do not send organization                    Federal Government from January 20
                                               company or organizational roles in the                  brochures or any other information.                   through 22, 2018. The revised deadline
                                               development of civil nuclear energy                        All applications should be submitted               for the preliminary results of this review
                                               projects, including, for example, U.S.                  in pdf or MS Word format via email to                 is August 31, 2018.3 For a more detailed
                                               civil nuclear manufacturing and                         jonathan.chesebro@trade.gov, or via                   description of the events that followed
                                               services companies, U.S. utilities, U.S.                mail to Jonathan Chesebro, Office of                  the initiation of this review, see the
                                               trade associations, and other U.S.                      Energy & Environmental Industries,                    Preliminary Decision Memorandum,
                                               organizations in the U.S. civil nuclear                 Room 28018, U.S. Department of                        dated concurrently with these results
                                               sector. The Secretary shall appoint to                  Commerce, 14th Street and Constitution                and hereby adopted by this notice.4
                                               the Committee at least one individual                   Avenue NW, Washington, DC 20230.                         The Preliminary Decision
                                               representing each of the following:                        Nominees selected for appointment to               Memorandum is a public document and
                                                  a. Civil nuclear manufacturing and                   the Committee will be notified by mail.                  1 See Initiation of Antidumping and
                                               services companies;
                                                  b. small businesses;                                   Dated: August 29, 2018.                             Countervailing Duty Administrative Reviews, 82 FR
                                                                                                       Edward O’Malley,                                      48051 (October 16, 2017) (Initiation Notice).
                                                  c. utilities;                                                                                                 2 In accordance with Commerce’s decision in the
                                                  d. trade associations in the civil                   Director, Office of Energy and Environmental          LPTs from Korea changed circumstances review,
                                               nuclear sector;                                         Industries.                                           Commerce has determined that HEES is the
                                                  e. research institutions and                         [FR Doc. 2018–19231 Filed 9–6–18; 8:45 am]            successor-in-interest to HHI. See Large Power
                                               universities; and                                       BILLING CODE 3510–DR–P
                                                                                                                                                             Transformers from the Republic of Korea: Notice of
                                                  f. private sector organizations                                                                            Preliminary Results of Antidumping Duty Changed
                                                                                                                                                             Circumstances Review, 83 FR 24973 (May 31, 2018)
                                               involved in strengthening the export                                                                          (LPTs from Korea CCR) (unchanged in Large Power
                                               competitiveness of U.S. civil nuclear                   DEPARTMENT OF COMMERCE                                Transformers from the Republic of Korea: Notice of
                                               products and services.                                                                                        Final Results of Antidumping Duty Changed
                                                  Members shall serve in a                             International Trade Administration                    Circumstances Review, signed August 28, 2018;
                                                                                                                                                             pending publication).
                                               representative capacity, expressing the                 [A–580–867]                                              3 See Memorandum for The Record from
                                               views and interests of a U.S. entity, as                                                                      Christian Marsh, Deputy Assistant Secretary for
                                               well as its particular subsector; they are,             Large Power Transformers From the                     Enforcement and Compliance, performing the non-
                                               therefore, not Special Government                       Republic of Korea: Preliminary Results                exclusive functions and duties of the Assistant
                                               Employees. Each member of the                                                                                 Secretary for Enforcement and Compliance,
                                                                                                       of Antidumping Duty Administrative                    ‘‘Deadlines Affected by the Shutdown of the
                                               Committee must be a U.S. citizen and                    Review; 2016–2017                                     Federal Government’’ (Tolling Memorandum),
                                               must not be registered as a foreign agent                                                                     dated January 23, 2018. All deadlines in this
                                               under the Foreign Agents Registration                   AGENCY:  Enforcement and Compliance,                  segment of the proceeding have been extended by
                                               Act. No member may represent a U.S.                     International Trade Administration,                   3 days.
                                                                                                                                                                4 See Memorandum to Gary Taverman, Deputy
                                               entity that is majority owned or                        Department of Commerce.
                                                                                                                                                             Assistant Secretary for Antidumping and
                                               controlled by a foreign government                      SUMMARY: The Department of Commerce                   Countervailing Duty Operations, performing the
                                               entity (or foreign government entities).                (Commerce) preliminarily determines                   non-exclusive functions and duties of the Assistant
                                               The Secretary of Commerce invites                       that Hyundai Heavy Industries Co., Ltd.               Secretary for Enforcement and Compliance, from
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                             James Maeder, Senior Director, performing the
                                               applications for the CINTAC, consistent                 (HHI) and Hyundai Electric & Energy                   duties of Deputy Assistant Secretary for
                                               with the above membership                               Systems Co. (HEES) (collectively,                     Antidumping and Countervailing Duty Operations,
                                               requirements. To be considered for                      Hyundai) made sales of subject                        entitled ‘‘Decision Memorandum for Preliminary
                                               membership, submit the following                        merchandise at less than normal value,                Results of Antidumping Duty Administrative
                                                                                                                                                             Review: Large Power Transformers from the
                                               information (2 pages maximum) by 5:00                   and that Hyosung Corporation                          Republic of Korea; 2016–2017’’ (Preliminary
                                               p.m. EDT on September 28, 2018 to the                   (Hyosung) did not make sales of subject               Decision Memorandum), dated concurrently with
                                               email or mailing address listed in the                  merchandise at less than normal value,                this notice.



                                          VerDate Sep<11>2014   17:55 Sep 06, 2018   Jkt 244001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1


                                               45416                       Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Notices

                                               is on file electronically via Enforcement               776(b) of the Act. For a full description                           Commerce will announce.10 Rebuttal
                                               and Compliance’s Antidumping and                        of the methodology underlying our                                   briefs, the content of which is limited to
                                               Countervailing Duty Centralized                         conclusions regarding the application of                            the issues raised in the case briefs, must
                                               Electronic Service System (ACCESS).                     AFA, see the Preliminary Decision                                   be filed within five days from the
                                               Access to ACCESS is available to                        Memorandum.                                                         deadline date for the submission of case
                                               registered users at http://                                                                                                 briefs.11
                                                                                                       Rate for Non-Selected Companies                                        Parties who submit case or rebuttal
                                               access.trade.gov and is available to all
                                               parties in the Central Records Unit,                      In accordance with the U.S. Court of                              briefs in this proceeding are requested
                                               Room B8024 of the main Department of                    Appeals for the Federal Circuit’s                                   to submit with each argument: (1) A
                                               Commerce building. In addition, a                       decision in Albemarle Corp. v. United                               statement of the issue; (2) a brief
                                               complete version of the Preliminary                     States,6 we are applying to the non-                                summary of the argument; and (3) a
                                               Decision Memorandum can be accessed                     selected companies the rate                                         table of authorities.12 Case and rebuttal
                                               directly on the internet at http://                     preliminarily applied to Hyosung in this                            briefs should be filed using ACCESS.13
                                               enforcement.trade.gov/frn/index.html.                   administrative review.7 This is the only                            Case and rebuttal briefs must be served
                                               A list of topics discussed in the                       rate determined in this review for                                  on interested parties.14 Executive
                                               Preliminary Decision Memorandum is                      individual respondents and, thus,                                   summaries should be limited to five
                                               attached as an Appendix to this notice.                 should be applied to the three non-                                 pages total, including footnotes.
                                               The signed Preliminary Decision                         selected companies under section                                       Pursuant to 19 CFR 351.310(c),
                                               Memorandum and the electronic                           735(c)(5)(B) of the Act. For a detailed                             interested parties who wish to request a
                                               versions of the Preliminary Decision                    discussion, see the Preliminary Decision                            hearing must submit a written request to
                                               Memorandum are identical in content.                    Memorandum.                                                         the Assistant Secretary for Enforcement
                                                                                                                                                                           and Compliance within 30 days of the
                                               Scope of the Order                                      Preliminary Results of Review
                                                                                                                                                                           date of publication of this notice.
                                                  The scope of this order covers large                   We preliminarily determine that, for                              Requests should contain: (1) The party’s
                                               liquid dielectric power transformers                    the period August 1, 2016, through July                             name, address and telephone number;
                                               having a top power handling capacity                    31, 2017, the following weighted-                                   (2) the number of participants; and (3)
                                               greater than or equal to 60,000 kilovolt                average dumping margins exist: 8                                    a list of issues parties intend to discuss.
                                               amperes (60 megavolt amperes),                                                                                              Issues raised in the hearing will be
                                                                                                                                                              Weighted-    limited to those raised in the respective
                                               whether assembled or unassembled,                                                                               average
                                               complete or incomplete. The                                        Producer/exporter                           dumping      case and rebuttal briefs. If a request for
                                               merchandise subject to the order is                                                                              margin     a hearing is made, Commerce intends to
                                               currently classified in the Harmonized                                                                         (percent)    hold the hearing at the U.S. Department
                                               Tariff Schedule of the United States at                                                                                     of Commerce, 1401 Constitution Avenue
                                                                                                       Hyosung Corporation ..................                       0.00   NW, Washington, DC 20230, at a date
                                               subheadings 8504.23.0040,                               Hyundai Heavy Industries Co.,
                                               8504.23.0080 and 8504.90.9540. This                                                                                         and time to be determined.15 Parties
                                                                                                           Ltd./Hyundai Electric & Energy
                                               tariff classification is provided for                       Systems Co., Ltd ....................                   60.81   should confirm the date, time, and
                                               convenience and Customs purposes;                       Iljin Electric Co., Ltd ...................                  0.00   location of the hearing two days before
                                               however, the written description of the                 Iljin ..............................................         0.00   the scheduled date.
                                               scope of the order is dispositive.5                     LSIS Co., Ltd ..............................                 0.00      Commerce intends to publish the final
                                                                                                                                                                           results of this administrative review,
                                               Methodology                                             Disclosure and Public Comment                                       including the results of its analysis of
                                                 Commerce is conducting this review                                                                                        issues raised in any case or rebuttal
                                                                                                          Commerce will disclose to parties to
                                               in accordance with section 751(a) of the                                                                                    brief, no later than 120 days after
                                                                                                       the proceeding any calculations                                     publication of these preliminary results,
                                               Tariff Act of 1930, as amended (the Act).               performed in connection with these
                                               For a full description of the                                                                                               unless extended.16
                                                                                                       preliminary results of review within five
                                               methodology underlying our                              days after the date of publication of this                          Assessment Rates
                                               conclusions, see the Preliminary                        notice.9 Commerce will announce the                                   Upon completion of this
                                               Decision Memorandum.                                    briefing schedule to interested parties at                          administrative review, Commerce shall
                                               Facts Available                                         a later date. Interested parties may                                determine, and Customs and Border
                                                                                                       submit case briefs on the deadline that                             Protection (CBP) shall assess,
                                                 Pursuant to section 776(a) of the Act,
                                               Commerce is preliminarily relying upon                                                                                      antidumping duties on all appropriate
                                                                                                         6 See Albemarle Corp. v. United States, 821 F.3d
                                               facts otherwise available to assign an                                                                                      entries. If a respondent’s weighted-
                                                                                                       1345 (Fed. Cir. 2016).
                                               estimated weighted-average dumping                        7 See, e.g., Certain Small Diameter Carbon and
                                                                                                                                                                           average dumping margin is not zero or
                                               margin to Hyundai in this review                        Alloy Seamless Standard, Line, and Pressure Pipe                    de minimis in the final results of this
                                               because Hyundai withheld necessary                      (Under 41⁄2 Inches) from Japan: Preliminary Results                 review and the respondent reported
                                               information that was requested by
                                                                                                       of Antidumping Duty Administrative Review and                       reliable entered values, we will
                                                                                                       Preliminary Determination of No Shipments; 2014–                    calculate importer-specific ad valorem
                                               Commerce, thereby significantly                         2015, 81 FR 45124, 45124 (July 12, 2016),
                                               impeding the conduct of the review.                     unchanged in Certain Small Diameter Carbon and                      assessment rates for the merchandise
                                               Further, Commerce preliminarily                         Alloy Seamless Standard, Line, and Pressure Pipe                    based on the ratio of the total amount of
                                               determines that Hyundai failed to
                                                                                                       (Under 41⁄2 Inches) from Japan: Final Results of                    dumping calculated for the examined
                                                                                                       Antidumping Duty Administrative Review and
                                               cooperate by not acting to the best of its
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                                                                                                       Final Determination of No Shipments; 2014–2015,                       10 See 19 CFR 351.309(c)(1)(ii) and (d)(1).
                                               ability to comply with requests for                     81 FR 80640, 80641 (November 16, 2016).                               11 See 19 CFR 351.309(d)(1) and (2).
                                                                                                         8 As AFA, we preliminarily assign Hyundai a
                                               information and, thus, Commerce is                                                                                            12 See 19 CFR 351.309(c)(2).
                                                                                                       dumping margin of 60.81 percent, an AFA rate used
                                               applying adverse facts available (AFA)                  in the previous review. See Large Power
                                                                                                                                                                             13 See generally 19 CFR 351.303.

                                               to Hyundai, in accordance with section                  Transformers from the Republic of Korea: Final                        14 See 19 CFR 351.303(f).

                                                                                                       Results of Antidumping Duty Administrative                            15 See 19 CFR 351.310(d).
                                                 5 The full text of the scope of the order is          Review; 2014–2015, 82 FR 13432 (March 13, 2017).                      16 See section 751(a)(3)(A) of the Act; 19 CFR

                                               contained in Preliminary Decision Memorandum.             9 See 19 CFR 351.224(b).                                          351.213(h).



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                                                                           Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Notices                                                 45417

                                               sales made during the period of review                  publication of the final results of this              IV. Scope of the Order
                                               to each importer to the total entered                   administrative review for all shipments               V. Discussion of the Methodology
                                               value of those same sales in accordance                 of the subject merchandise entered, or                  A. Determination of Comparison Method
                                               with 19 CFR 351.212(b)(1). If the                       withdrawn from warehouse, for                           B. Results of the Differential Pricing
                                                                                                                                                                  Analysis
                                               respondent has not reported reliable                    consumption on or after the publication                 C. Home Market Viability as Comparison
                                               entered values, we will calculate a per-                date of the final results of this                          Market
                                               unit assessment rate for each importer                  administrative review, as provided by                   D. Level of Trade
                                               by dividing the total amount of                         section 751(a)(2)(C) of the Act: (1) The                E. Cost of Production
                                               dumping for the examined sales made                     cash deposit rate for Hyosung and                       F. Calculation of Normal Value Based on
                                               during the period of review to that                     Hyundai and other companies listed                         Comparison Market Prices
                                               importer by the total sales quantity                    above will be equal to the weighted-                    G. Price-to-Constructed Value Comparison
                                               associated with those transactions.                     average dumping margin established in                 VI. Application of Facts Available and Use of
                                               Where an importer-specific ad valorem                   the final results of this administrative                   Adverse Inference
                                               assessment rate is zero or de minimis,                  review; (2) for previously reviewed or                  A. Application of Facts Available
                                                                                                                                                               B. Use of Adverse Inference
                                               we will instruct CBP to liquidate the                   investigated companies not listed above,                C. Selection and Corroboration of the
                                               appropriate entries without regard to                   the cash deposit rate will continue to be                  Adverse Facts Available Rate
                                               antidumping duties in accordance with                   the company-specific rate published for               VII. Discussion of The Issues
                                               19 CFR 351.106(c)(2). If the                            the most recently completed segment of                  A. Hyundai-Specific Issues
                                               respondent’s weighted-average dumping                   this proceeding in which they were                    VIII. Rate for Non-Selected Companies
                                               margin is zero or de minimis in the final               reviewed; (3) if the exporter is not a firm           IX. Parts
                                               results of review, we will instruct CBP                 covered in this review, a prior review,               X. Recommendation
                                               not to assess duties on any of its entries              or in the investigation but the producer              [FR Doc. 2018–19428 Filed 9–6–18; 8:45 am]
                                               in accordance with the Final                            is, the cash deposit rate will be the rate            BILLING CODE 3510–DS–P
                                               Modification for Reviews, i.e., ‘‘{w}here               established for the most recently
                                               the weighted-average margin of                          completed segment of this proceeding
                                               dumping for the exporter is determined                  for the producer of the merchandise;                  DEPARTMENT OF COMMERCE
                                               to be zero or de minimis, no                            and (4) the cash deposit rate for all other
                                               antidumping duties will be assessed.’’ 17               producers or exporters will continue to               International Trade Administration
                                                  If the preliminary results are                       be the all-others rate of 22.00 percent,
                                               unchanged for the final results, we will                the rate established in the investigation             [A–570–010]
                                               instruct CBP to apply an ad valorem                     of this proceeding.20 These cash deposit
                                               assessment rate of 60.81 percent to all                 requirements, when imposed, shall                     Certain Crystalline Silicon Photovoltaic
                                               entries of subject merchandise during                   remain in effect until further notice.                Products From the People’s Republic
                                               the period of review which were                                                                               of China: Notice of Partial Rescission
                                                                                                       Notification to Importers
                                               produced and/or exported by Hyundai.                                                                          of Antidumping Duty Administrative
                                                  Regarding entries of subject                            This notice also serves as a reminder              Review; 2017–2018
                                               merchandise during the period of                        to importers of their responsibility
                                               review that were produced by Hyosung                    under 19 CFR 351.402(f)(2) to file a                  AGENCY:   Enforcement and Compliance,
                                               and Hyundai and for which they did not                  certificate regarding the reimbursement               International Trade Administration,
                                               know that the merchandise was                           of antidumping duties prior to                        Department of Commerce.
                                               destined for the United States, we will                 liquidation of the relevant entries                   SUMMARY: The Department of Commerce
                                               instruct CBP to liquidate un-reviewed                   during this review period. Failure to                 (Commerce) is rescinding, in part, the
                                               entries at the all-others rate of 22.00                 comply with this requirement could                    administrative review of the
                                               percent, as established in the less-than-               result in Commerce’s presumption that                 antidumping duty (AD) order on certain
                                               fair-value investigation of the order, if               reimbursement of antidumping duties                   crystalline silicon photovoltaic products
                                               there is no rate for the intermediate                   occurred and the subsequent assessment                from the People’s Republic of China
                                               company(ies) involved in the                            of double antidumping duties.                         (China) for the period of review (POR),
                                               transaction.18 For a full discussion of                 Notification to Interested Parties                    February 1, 2017, through January 31,
                                               this matter, see Assessment Policy                                                                            2018.
                                               Notice.19                                                 We are issuing and publishing this
                                                  We intend to issue liquidation                       notice in accordance with sections                    DATES: Applicable September 7, 2018.
                                               instructions to CBP 15 days after                       751(a)(1) and 777(i)(1) of the Act.
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT: Jeff
                                               publication of the final results of this                  Dated: August 31, 2018.                             Pedersen, AD/CVD Operations, Office
                                               review.                                                 Gary Taverman,                                        IV, Enforcement and Compliance,
                                               Cash Deposit Requirements                               Deputy Assistant Secretary for Antidumping            International Trade Administration,
                                                                                                       and Countervailing Duty Operations,                   U.S. Department of Commerce, 1401
                                                 The following cash deposit                            performing the non-exclusive functions and            Constitution Avenue NW, Washington,
                                               requirements will be effective upon                     duties of the Assistant Secretary for                 DC 20230, telephone: (202) 482–2769.
                                                                                                       Enforcement and Compliance.
                                                 17 See Antidumping Proceedings: Calculation of                                                              SUPPLEMENTARY INFORMATION:
                                               the Weighted-Average Dumping Margin and
                                                                                                       Appendix—List of Topics Discussed in
                                               Assessment Rate in Certain Antidumping                  the Preliminary Decision Memorandum                   Background
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                                               Proceedings: Final Modification, 77 FR 8101, 8102
                                               (February 14, 2012) (Final Modification for
                                                                                                       I. Summary                                              On February 1, 2018, Commerce
                                               Reviews).                                               II. Background                                        published in the Federal Register, a
                                                 18 See Large Power Transformers from the              III. Deadline for Submission of Updated Sales         notice of opportunity to request an
                                               Republic of Korea: Antidumping Duty Order, 77 FR              and Cost Information                            administrative review of the AD order
                                               53177 (August 31, 2012).                                                                                      on certain crystalline silicon
                                                 19 See Antidumping and Countervailing Duty              20 See Large Power Transformers from the

                                               Proceedings: Assessment of Antidumping Duties, 68       Republic of Korea: Antidumping Duty Order, 77 FR
                                                                                                                                                             photovoltaic products from China (the
                                               FR 23954 (May 6, 2003) (Assessment Policy Notice).      53177 (August 31, 2012).                              Order) covering the period February 1,


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Document Created: 2018-09-07 00:15:13
Document Modified: 2018-09-07 00:15:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable September 7, 2018.
ContactJoshua DeMoss, Tyler Weinhold, or John Drury, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482- 3362, (202) 482-1121, or (202) 482-0195, respectively.
FR Citation83 FR 45415 

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