Large Power Transformers From the Republic of Korea: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 45094-45095 [2018-19210]

Download as PDF 45094 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–54–2018] daltland on DSKBBV9HB2PROD with NOTICES Foreign-Trade Zone (FTZ) 75— Phoenix, Arizona; Notification of Proposed Production Activity; Microchip Technology, Inc. (Semiconductor Devices and Related Products); Chandler and Tempe, Arizona Microchip Technology, Inc. (Microchip) submitted a notification of proposed production activity to the FTZ Board for its facilities in Chandler and Tempe, Arizona. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on August 28, 2018. Microchip already has authority to produce semiconductor devices and related products within Subzone 75H. The current request would add foreign status materials/components to the scope of authority. Pursuant to 15 CFR 400.14(b), additional FTZ authority would be limited to the specific foreignstatus materials/components described in the submitted notification (as described below) and subsequently authorized by the FTZ Board. Production under FTZ procedures could exempt Microchip from customs duty payments on the foreign-status materials/components used in export production. On its domestic sales, for the foreign-status materials/components noted below, Microchip would be able to choose the duty rates during customs entry procedures that apply to: Field programmable microcontrollers; application-specific processors; related memory products; and, application development tools (duty rate ranges from duty-free to 3%). Microchip would be able to avoid duty on foreign-status components which become scrap/waste. Customs duties also could possibly be deferred or reduced on foreign-status production equipment. The materials/components sourced from abroad include: In-circuit debuggers; rubber caps; evaporative air coolers; antennas; plastic boxes, cases, crates, stoppers, lids and caps; memory modules—not incorporating a cathode ray tube; brushless DC electric motors; power supply, output < 50 watts; static converters; transformers; relay contactors; lamp-holder plugs; lamp sockets; electrical equipment for switching of electrical circuits; servo drive boards (for test floor probers); infrared lamps; printed circuit assemblies; coaxial cables; and, electrical conductors with fitted VerDate Sep<11>2014 17:04 Sep 04, 2018 Jkt 244001 connections (duty rate ranges from dutyfree to 5.3%). The request indicates that certain materials/components are subject to special duties under Section 301 of the Trade Act of 1974 (Section 301), depending on the country of origin. The applicable Section 301 decision requires subject merchandise to be admitted to FTZs in privileged foreign status (19 CFR 146.41). Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary at the address below. The closing period for their receipt is October 15, 2018. A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s website, which is accessible via www.trade.gov/ftz. For further information, contact Elizabeth Whiteman at Elizabeth.Whiteman@trade.gov or (202) 482–0473. Dated: August 29, 2018. Andrew McGilvray, Executive Secretary. [FR Doc. 2018–19207 Filed 9–4–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–867] Large Power Transformers From the Republic of Korea: Notice of Final Results of Antidumping Duty Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds 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 applicable rate for all entries of the subject merchandise exported by HEES. In addition, we determine that facts presented in this changed circumstances review (CCR) warrant the retroactive application of the cash deposit rate to the effective date of the first entry by HEES. DATES: Applicable September 5, 2018. FOR FURTHER INFORMATION CONTACT: John C. McGowan, AD/CVD Operations, Office VI, Enforcement and Compliance, AGENCY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3019. SUPPLEMENTARY INFORMATION: Background On August 31, 2012, Commerce published in the Federal Register an antidumping duty order on large power transformers (LPTs) from the Republic of Korea (Korea).1 HHI was 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 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 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 a 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 On May 31, 2018, Commerce issued the Preliminary Results of this CCR, in which it determined that: (1) HEES is the successor-in-interest to HHI; (2) HHI’s current cash deposit rate is the rate applicable for all entries of LPTs exported by HEES; and (3) the application of the cash deposit rate applicable to HEES shall be made 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). 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). E:\FR\FM\05SEN1.SGM 05SEN1 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices retroactively to the effective date of the first entry by HEES.5 On July 6, 2018, Hyundai submitted comments regarding the Preliminary Results.6 On July 13, 2018, ABB submitted its rebuttal brief.7 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. Analysis of Comments Received daltland on DSKBBV9HB2PROD with NOTICES The issue raised in the case and rebuttal briefs by parties to this CCR is addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice.8 A list of the topics 5 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) (Preliminary Results) and the accompanying Preliminary Decision Memorandum. 6 HHI and HEES are collectively referred to as Hyundai. See Letter from Hyundai to Commerce, ‘‘Large Power Transformers from Korea: Hyundai’s Case Brief,’’ dated July 6, 2018. 7 See Letter from the petitioner to Commerce, ‘‘Large Power Transformers from the Republic of Korea: Petitioner’s Rebuttal Brief,’’ dated July 13, 2018. 8 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, ‘‘Final Results of Changed Circumstances Review VerDate Sep<11>2014 17:04 Sep 04, 2018 Jkt 244001 discussed in the Issues and Decision Memorandum is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and it 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 Issues and Decision Memorandum can be accessed directly on the internet at http:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Final Results of Changed Circumstances Review Based on the record evidence and our analysis of the comments received, Commerce continues to find that applying HHI’s current cash deposit rate of 60.81 percent retroactively to the effective date of the first entry of HEES, HHI’s successor-in-interest, is warranted.9 Instructions to U.S. Customs and Border Protection As a result of this determination, Commerce will instruct CBP to collect estimated antidumping duties for all shipments of the subject merchandise produced and/or exported by HEES and entered, or withdrawn from warehouse, for consumption on or after the date of the first entry made by HEES at the 60.81 percent rate established in the 2014–2015 and 2015–2016 antidumping duty administrative reviews. This cash deposit requirement shall remain in effect until further notice. Notification to Interested Parties This notice serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.306. Timely written notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Regarding Successor-In-Interest Analysis: Large Power Transformers from the Republic of Korea,’’ dated concurrently with this notice (Issues and Decision Memorandum). 9 See Issues and Decision Memorandum. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 45095 We are issuing and publishing this final results notice in accordance with sections 751(b) and 777(i) of the Act, and 19 CFR 351.216, 351.221(b)(5), and 351.221(c)(3). Dated: August 28, 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 Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of Interested Party Comments Comment: Whether Retroactive Application of a Cash Deposit Rate to a Successor-in-Interest Is Permitted by Law and Consistent With Commerce’s Practice V. Recommendation [FR Doc. 2018–19210 Filed 9–4–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–090] Certain Steel Wheels 12 to 16.5 Inches in Diameter From the People’s Republic of China: Initiation of LessThan-Fair-Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: Applicable August 28, 2018. FOR FURTHER INFORMATION CONTACT: Paul Stolz or Jonathan Cornfield at (202) 482–4474 or (202) 482–3855, respectively; AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: DATES: The Petition On August 8, 2018, the U.S. Department of Commerce (Commerce) received an antidumping duty (AD) Petition concerning imports of certain steel wheels 12 to 16.5 inches in diameter (certain steel wheels) from the People’s Republic of China (China), filed in proper form on behalf of Dexstar Wheel, a division of Americana Development, Inc. (the petitioner), which is a domestic producer of certain E:\FR\FM\05SEN1.SGM 05SEN1

Agencies

[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)]
[Notices]
[Pages 45094-45095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19210]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-867]


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

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

SUMMARY: The Department of Commerce (Commerce) finds 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 applicable rate for all entries of the subject 
merchandise exported by HEES. In addition, we determine that facts 
presented in this changed circumstances review (CCR) warrant the 
retroactive application of the cash deposit rate to the effective date 
of the first entry by HEES.

DATES: Applicable September 5, 2018.

FOR FURTHER INFORMATION CONTACT: John C. McGowan, 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) 482-3019.

SUPPLEMENTARY INFORMATION: 

Background

    On August 31, 2012, Commerce published in the Federal Register an 
antidumping duty order on large power transformers (LPTs) from the 
Republic of Korea (Korea).\1\ HHI was 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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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 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 a 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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    On May 31, 2018, Commerce issued the Preliminary Results of this 
CCR, in which it determined that: (1) HEES is the successor-in-interest 
to HHI; (2) HHI's current cash deposit rate is the rate applicable for 
all entries of LPTs exported by HEES; and (3) the application of the 
cash deposit rate applicable to HEES shall be made

[[Page 45095]]

retroactively to the effective date of the first entry by HEES.\5\
---------------------------------------------------------------------------

    \5\ 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) (Preliminary 
Results) and the accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    On July 6, 2018, Hyundai submitted comments regarding the 
Preliminary Results.\6\ On July 13, 2018, ABB submitted its rebuttal 
brief.\7\
---------------------------------------------------------------------------

    \6\ HHI and HEES are collectively referred to as Hyundai. See 
Letter from Hyundai to Commerce, ``Large Power Transformers from 
Korea: Hyundai's Case Brief,'' dated July 6, 2018.
    \7\ See Letter from the petitioner to Commerce, ``Large Power 
Transformers from the Republic of Korea: Petitioner's Rebuttal 
Brief,'' dated July 13, 2018.
---------------------------------------------------------------------------

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.

Analysis of Comments Received

    The issue raised in the case and rebuttal briefs by parties to this 
CCR is addressed in the Issues and Decision Memorandum, which is hereby 
adopted by this notice.\8\ A list of the topics discussed in the Issues 
and Decision Memorandum is attached to this notice as an Appendix. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov, 
and it 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 Issues and Decision Memorandum can be accessed 
directly on the internet at http://enforcement.trade.gov/frn/. The 
signed Issues and Decision Memorandum and the electronic version of the 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \8\ 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, ``Final Results of Changed Circumstances 
Review Regarding Successor-In-Interest Analysis: Large Power 
Transformers from the Republic of Korea,'' dated concurrently with 
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Final Results of Changed Circumstances Review

    Based on the record evidence and our analysis of the comments 
received, Commerce continues to find that applying HHI's current cash 
deposit rate of 60.81 percent retroactively to the effective date of 
the first entry of HEES, HHI's successor-in-interest, is warranted.\9\
---------------------------------------------------------------------------

    \9\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------

Instructions to U.S. Customs and Border Protection

    As a result of this determination, Commerce will instruct CBP to 
collect estimated antidumping duties for all shipments of the subject 
merchandise produced and/or exported by HEES and entered, or withdrawn 
from warehouse, for consumption on or after the date of the first entry 
made by HEES at the 60.81 percent rate established in the 2014-2015 and 
2015-2016 antidumping duty administrative reviews. This cash deposit 
requirement shall remain in effect until further notice.

Notification to Interested Parties

    This notice serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written notification of 
the destruction of APO materials or conversion to judicial protective 
order is hereby requested. Failure to comply with the regulations and 
terms of an APO is a sanctionable violation.
    We are issuing and publishing this final results notice in 
accordance with sections 751(b) and 777(i) of the Act, and 19 CFR 
351.216, 351.221(b)(5), and 351.221(c)(3).

    Dated: August 28, 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 Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Interested Party Comments
    Comment: Whether Retroactive Application of a Cash Deposit Rate 
to a Successor-in-Interest Is Permitted by Law and Consistent With 
Commerce's Practice
V. Recommendation

[FR Doc. 2018-19210 Filed 9-4-18; 8:45 am]
 BILLING CODE 3510-DS-P