Large Power Transformers From the Republic of Korea: Continuation of Antidumping Duty Order, 52206-52207 [2018-22454]

Download as PDF 52206 Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices decision of the Court that is not in harmony with Commerce’s Amended Final Determination and Order. This notice is published in fulfillment of the publication requirements of Timken. Final Determination and Order with respect to Fufeng. The revised weightedaverage dumping margin for Fufeng for the period October 1, 2011, through March 31, 2012, is as follows: Because there is now a final court decision, Commerce is amending the Final Determination and Amended Weightedaverage dumping margin (percent) Exporter Producer Neimenggu Fufeng Biotechnologies, Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd. Neimenggu Fufeng Biotechnologies, Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd. Pursuant to section 735(a)(4) of the Act, Commerce ‘‘shall disregard any weighted average dumping margin that is de minimis as defined in section 733(b)(3) of the Act.’’ 12 Furthermore, and pursuant to section 735(c)(2) of the Act, ‘‘the investigation shall be terminated upon publication of that negative determination’’ and Commerce shall ‘‘terminate the suspension of liquidation’’ and ‘‘release any bond or other security, and refund any cash deposit.’’ 13 As a result of this amended final determination, in which Commerce has calculated an estimated weighted-average dumping margin of 0.00 percent for Fufeng, Commerce is hereby excluding merchandise from the above producer-exporter combination from the antidumping duty order.14 Accordingly, Commerce will direct U.S. Customs and Border Protection (CBP) to release any bonds or other security and refund cash deposits pertaining to any suspended entries from the producerexporter combination listed above. This exclusion does not apply beyond the producer-exporter combination referenced above. We note, however, pursuant to Timken, the suspension of liquidation must continue during the pendency of the appeals process. Thus, we will instruct CBP to suspend liquidation of all unliquidated entries from the producer-exporter combination referenced above at a cash deposit rate of 0.00 percent which are entered, or withdrawn from warehouse, for consumption after September 27, 2018, which is ten days after the CIT’s final decision, in accordance with section 516A of the Act.15 If the CIT’s ruling is not appealed, or if appealed and upheld, Commerce will instruct CBP to terminate the suspension of liquidation and to liquidate entries subject to the producer-exporter combination rate stated above without regard to antidumping duties. As a result of the exclusion, Commerce (1) is discontinuing the ongoing fourth and fifth administrative reviews, in part, with respect to Fufeng’s entries during those periods of review; 16 and (2) will not initiate any new administrative reviews of Fufeng’s entries pursuant to the antidumping order.17 Lastly, we note that, at this time, Commerce remains enjoined by Court order from liquidating entries that: (1) Were produced and exported by Fufeng, and were entered, or withdrawn from warehouse, for consumption during the period July 19, 2013, through June 30, 2014; (2) were produced and exported by Fufeng, and were entered, or withdrawn from warehouse, for consumption during the period July 1, 2014, through June 30, 2015, by East West Technologies Inc.; and (3) were produced and exported by Fufeng, and were entered, or withdrawn from warehouse, for consumption during the period July 1, 2014, through June 30, 36 (April 5, 2018), Final Results of Fourth Redetermination Pursuant to Court Order, dated July 5, 2018 (Fourth Remand Results). 12 Section 733(b)(3) of the Act defines de minimis dumping margin as ‘‘less than 2 percent ad valorem or the equivalent specific rate for the subject merchandise.’’ 13 See sections 735(c)(2)(A) and (B) of the Act. 14 See Fourth Remand Results, at 12. 15 See, e.g., Drill Pipe from the People’s Republic of China: Notice of Court Decision Not in Harmony with International Trade Commission’s Injury Determination, Revocation of Antidumping and Countervailing Duty Orders Pursuant to Court Decision, and Discontinuation of Countervailing Duty Administrative Review, 79 FR 78037, 78038 (December 29, 2014) (Drill Pipe); High Pressure Steel Cylinders from the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Determination in Less Than Fair Value Investigation, Notice of Amended Final Determination Pursuant to Court Decision, Notice of Revocation of Antidumping Duty Order in Part, and Discontinuation of Fifth Antidumping Duty Administrative Review, 82 FR 46758, 46760 (October 6, 2017). 16 See Xanthan Gum from the People’s Republic of China: Preliminary Results of the Antidumping Partial Exclusion From Antidumping Duty Order and Partial Discontinuation of Fourth and Fifth Antidumping Duty Administrative Reviews amozie on DSK3GDR082PROD with NOTICES1 Amended Final Determination VerDate Sep<11>2014 18:44 Oct 15, 2018 Jkt 247001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 0.00 2015, by LABH Inc., designated as Entry No. 22703189153, with an entry date of July 7, 2014, and Fufeng’s Invoice No. MEU14088. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c)(1) and (e) of the Act. Dated: October 10, 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. [FR Doc. 2018–22484 Filed 10–15–18; 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: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) determined that revocation of the antidumping duty (AD) order on large power transformers AGENCY: Duty Administrative Review, and Preliminary Determination of No Shipments; 2016–2017, 83 FR 40229, August 14, 2018; see also Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 45596 (September 10, 2018). 17 See Drill Pipe, 79 FR at 78038; see also Certain Steel Nails from the United Arab Emirates: Notice of Court Decision Not in Harmony with the Final Determination and Amended Final Determination of the Less Than Fair Value Investigation, 80 FR 77316 (December 14, 2015). E:\FR\FM\16OCN1.SGM 16OCN1 Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices (LPTs) from the Republic of Korea (Korea) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States. Therefore, Commerce is publishing a notice of continuation for this AD order. DATES: Applicable October 16, 2018. FOR FURTHER INFORMATION CONTACT: Brian Davis, 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) 482–7924. SUPPLEMENTARY INFORMATION: Background On August 31, 2012, Commerce published in the Federal Register the AD order on LPTs from Korea.1 On July 3, 2017, Commerce published in the Federal Register a notice of initiation of its first five-year (sunset) review of the AD order on LPTs from Korea, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 Commerce conducted this sunset review on an expedited basis, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), because it received a complete, timely, and adequate response from a domestic interested party but no substantive responses from respondent interested parties. As a result of this sunset review, Commerce determined that revocation of the AD order on LPTs from Korea would likely lead to a continuation or recurrence of dumping and, therefore, notified the ITC of the magnitude of the margins likely to prevail should the order be revoked.3 On October 2, 2018, the ITC published its determination that revocation of the AD order on LPTs would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time, pursuant to section 751(c) of the Act.4 Scope of the Order amozie on DSK3GDR082PROD with NOTICES1 The scope of this order covers large liquid dielectric power transformers (LPTs) having a top power handling capacity greater than or equal to 60,000 1 See Large Power Transformers from the Republic of Korea: Antidumping Duty Order, 77 FR 53177 (August 31, 2012) (AD Order). 2 See Initiation of Five-Year (‘‘Sunset’’) Reviews), 82 FR 30844 (July 3, 2017). 3 See Large Power Transformers from the Republic of Korea: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order, 82 FR 51604 (November 7, 2017) and accompanying Issues and Decision Memorandum. 4 See Large Power Transformers from the Republic of Korea, 82 FR 49575 (October 2, 2018). VerDate Sep<11>2014 18:44 Oct 15, 2018 Jkt 247001 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. Continuation of the Order As a result of the determinations by Commerce and the ITC that revocation of the AD order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the AD order on LPTs from Korea. CBP will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of this order will be the date of publication in the Federal Register of the notice of continuation of the AD order on LPTs. Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate the sunset review of this order not later than 30 days prior to the fifth anniversary of the effective date of continuation. This sunset review and this notice are in accordance with sections 751(c) and 752(d)(2) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 52207 Dated: October 10, 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. [FR Doc. 2018–22454 Filed 10–15–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XG548 Atlantic Coastal Fisheries Cooperative Management Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. AGENCY: The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit renewal application from the Commercial Fisheries Research Foundation contains all of the required information and warrants further consideration. This permit would facilitate research on the abundance and distribution of juvenile American lobster and Jonah crab along the northwest Atlantic coast. Regulations under the MagnusonStevens Fishery Conservation and Management Act and the Atlantic Coastal Fisheries Cooperative Management Act require publication of this notice to provide interested parties the opportunity to comment on applications for proposed Exempted Fishing Permits. DATES: Comments must be received on or before October 31, 2018. ADDRESSES: You may submit written comments by any of the following methods: • Email: NMFS.GAR.EFP@noaa.gov. Include in the subject line ‘‘Comments on CFRF Lobster Study Fleet EFP.’’ • Mail: Michael Pentony, Regional Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope ‘‘Comments on CFRF Lobster Study Fleet EFP.’’ FOR FURTHER INFORMATION CONTACT: Laura Hansen, NOAA Affiliate, 978– 281–9225, Laura.Hansen@noaa.gov. SUMMARY: E:\FR\FM\16OCN1.SGM 16OCN1

Agencies

[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Notices]
[Pages 52206-52207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22454]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-867]


Large Power Transformers From the Republic of Korea: Continuation 
of Antidumping Duty Order

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

SUMMARY: The Department of Commerce (Commerce) and the U.S. 
International Trade Commission (ITC) determined that revocation of the 
antidumping duty (AD) order on large power transformers

[[Page 52207]]

(LPTs) from the Republic of Korea (Korea) would likely lead to a 
continuation or recurrence of dumping and material injury to an 
industry in the United States. Therefore, Commerce is publishing a 
notice of continuation for this AD order.

DATES: Applicable October 16, 2018.

FOR FURTHER INFORMATION CONTACT: Brian Davis, 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) 482-7924.

SUPPLEMENTARY INFORMATION: 

Background

    On August 31, 2012, Commerce published in the Federal Register the 
AD order on LPTs from Korea.\1\ On July 3, 2017, Commerce published in 
the Federal Register a notice of initiation of its first five-year 
(sunset) review of the AD order on LPTs from Korea, pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act).\2\
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    \1\ See Large Power Transformers from the Republic of Korea: 
Antidumping Duty Order, 77 FR 53177 (August 31, 2012) (AD Order).
    \2\ See Initiation of Five-Year (``Sunset'') Reviews), 82 FR 
30844 (July 3, 2017).
---------------------------------------------------------------------------

    Commerce conducted this sunset review on an expedited basis, 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), because it received a complete, timely, and 
adequate response from a domestic interested party but no substantive 
responses from respondent interested parties. As a result of this 
sunset review, Commerce determined that revocation of the AD order on 
LPTs from Korea would likely lead to a continuation or recurrence of 
dumping and, therefore, notified the ITC of the magnitude of the 
margins likely to prevail should the order be revoked.\3\
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    \3\ See Large Power Transformers from the Republic of Korea: 
Final Results of the Expedited First Sunset Review of the 
Antidumping Duty Order, 82 FR 51604 (November 7, 2017) and 
accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------

    On October 2, 2018, the ITC published its determination that 
revocation of the AD order on LPTs would likely lead to a continuation 
or recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time, pursuant to section 751(c) of the 
Act.\4\
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    \4\ See Large Power Transformers from the Republic of Korea, 82 
FR 49575 (October 2, 2018).
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Scope of the Order

    The scope of this order covers large liquid dielectric power 
transformers (LPTs) 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.

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the AD order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
Commerce hereby orders the continuation of the AD order on LPTs from 
Korea.
    CBP will continue to collect antidumping duty cash deposits at the 
rates in effect at the time of entry for all imports of subject 
merchandise. The effective date of the continuation of this order will 
be the date of publication in the Federal Register of the notice of 
continuation of the AD order on LPTs. Pursuant to section 751(c)(2) of 
the Act, Commerce intends to initiate the sunset review of this order 
not later than 30 days prior to the fifth anniversary of the effective 
date of continuation.
    This sunset review and this notice are in accordance with sections 
751(c) and 752(d)(2) of the Act and published pursuant to section 
777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: October 10, 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.
[FR Doc. 2018-22454 Filed 10-15-18; 8:45 am]
 BILLING CODE 3510-DS-P