Large Power Transformers From the Republic of Korea: Notice of Court Decision Not in Harmony With Final Results, Notice of Amended Final Results, 54843-54844 [2019-22302]
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Federal Register / Vol. 84, No. 198 / Friday, October 11, 2019 / Notices
uncured, edged or not edged, finished or
unfinished, thermoformed or not
thermoformed, packaged or unpackaged, and
regardless of the type of surface finish.
In addition, quartz surface products are
covered by the investigation whether or not
they are imported attached to, or in
conjunction with, non-subject merchandise
such as sinks, sink bowls, vanities, cabinets,
and furniture. If quartz surface products are
imported attached to, or in conjunction with,
such non-subject merchandise, only the
quartz surface product is covered by the
scope.
Subject merchandise includes material
matching the above description that has been
finished, packaged, or otherwise fabricated in
a third country, including by cutting,
polishing, curing, edging, thermoforming,
attaching to, or packaging with another
product, or any other finishing, packaging, or
fabrication that would not otherwise remove
the merchandise from the scope of the
investigation if performed in the country of
manufacture of the quartz surface products.
The scope of the investigation does not
cover quarried stone surface products, such
as granite, marble, soapstone, or quartzite.
Specifically excluded from the scope of the
investigation are crushed glass surface
products. Crushed glass surface products
must meet each of the following criteria to
qualify for this exclusion: (1) The crushed
glass content is greater than any other single
material, by actual weight; (2) there are
pieces of crushed glass visible across the
surface of the product; (3) at least some of the
individual pieces of crushed glass that are
visible across the surface are larger than 1
centimeter wide as measured at their widest
cross-section (‘‘Glass Pieces’’); and (4) the
distance between any single Glass Piece and
the closest separate Glass Piece does not
exceed three inches.
The products subject to the scope are
currently classified in the Harmonized Tariff
Schedule of the United States (HTSUS) under
the following subheading: 6810.99.0010.
Subject merchandise may also enter under
subheadings 6810.11.0010, 6810.11.0070,
6810.19.1200, 6810.19.1400, 6810.19.5000,
6810.91.0000, 6810.99.0080, 6815.99.4070,
2506.10.0010, 2506.10.0050, 2506.20.0010,
2506.20.0080, and 7016.90.1050. The HTSUS
subheadings set forth above are provided for
convenience and U.S. Customs purposes
only. The written description of the scope is
dispositive.
Appendix II
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List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Preliminary Affirmative Determination of
Critical Circumstances
VI. Injury Test
VII. Alignment
VIII. Subsidies Valuation
IX. Benchmarks and Interest Rates
X. Analysis of Programs
XI. Disclosure and Public Comment
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XII. Conclusion
[FR Doc. 2019–22315 Filed 10–10–19; 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 Court
Decision Not in Harmony With Final
Results, Notice of Amended Final
Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Court of International
Trade (CIT) granted a request from
Hyosung Corporation and HICO
America Sales and Technology (HICO
America) (collectively, Hyosung) for
partial final judgment regarding issues
pertaining solely to Hyosung concerning
the administrative review of the
antidumping duty order on large power
transformers (LPTs) from the Republic
of Korea (Korea) covering the period
August 1, 2013 through July 31, 2014
(Court Order, ABB Inc. v. United States,
Ct. No. 16–54 (CIT August 29, 2019)).
The Department of Commerce
(Commerce) is notifying the public that
the partial final judgment in this case is
not in harmony with the final results
and notice of amended final results of
the administrative review and that
Commerce is amending the amended
final results with respect to the
dumping margins assigned to Hyosung.
DATES: Applicable October 11, 2019.
FOR FURTHER INFORMATION CONTACT: John
K. 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) 482–0195.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 16, 2016, Commerce issued
the Final Results.1 In the Final Results,
Commerce assigned dumping margins of
9.40 percent and 4.07 percent to
Hyosung and Hyundai Heavy Industries
Co., Ltd. (HHI) and Hyundai
Corporation, USA (Hyundai USA)
(collectively, Hyundai), respectively.
Upon consideration of various
ministerial error allegations, Commerce
1 See Large Power Transformers from the
Republic of Korea: Final Results of Antidumping
Duty Administrative Review; 2013–2014, 81 FR
14087 (March 16, 2016) (Final Results) and
accompanying Issues and Decision Memorandum.
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54843
issued the Amended Final Results on
May 5, 2016, and calculated a weightedaverage margin of 7.89 percent for
Hyosung.2 Hyosung and Hyundai are
Korean producers/exporters of LPTs and
were mandatory respondents in the
underlying administrative review.3
On October 10, 2017, the CIT
remanded certain aspects of the Final
Results and Amended Final Results to
Commerce.4 Specifically, the CIT
instructed Commerce to clarify the
treatment of the respondents’ U.S.
commissions based on record evidence,
as well as to re-examine whether to cap
Hyundai’s service-related revenues
based on associated expenses.
Pursuant to the Remand Order,
Commerce issued its Final
Redetermination, which addressed the
Court’s holdings and revised the
weighted-average dumping margins for
Hyosung and Hyundai to 8.74 percent
and 25.51 percent, respectively.5
On November 13, 2018, the CIT
sustained Commerce’s Final
Redetermination with respect to
commissions, but remanded the issue of
service-related revenues to Commerce a
second time.6 Hyosung moved for
partial final judgment on issues
affecting its entries. On August 29, 2019,
the CIT issued the partial final judgment
with regard to issues which affected
Hyosung (Court Order, ABB Inc. v.
United States, Ct. No. 16–54 (CIT
August 29, 2019)).
Timken Notice
In its decision in Timken, 7 as
clarified by Diamond Sawblades,8 the
United States Court of Appeals for the
Federal Circuit (CAFC) held that,
pursuant to sections 516A(c) and (e) of
the Act, Commerce must publish a
notice of a court decision that is not ‘‘in
harmony’’ with a Commerce
determination and must suspend
2 See Large Power Transformers from the
Republic of Korea: Amended Final Results of
Antidumping Duty Administrative Review; 2013–
2014, 81 FR 27088 (May 5, 2016) (Amended Final
Results).
3 Commerce also assessed margins of 6.74 percent
for ILJIN Electric Co., Ltd. (ILJIN Electric), ILJIN,
and LSIS Co., Ltd., based on the margins calculated
for Hyosung and Hyundai. See Final Results.
4 See ABB INC. v. United States, Slip Op. 17–138
(CIT, October 10, 2017) (Remand Order).
5 See Memorandum, ‘‘Final Results of
Redetermination Pursuant to Court Remand ABB
INC v. United States Court No. 16–00054, Slip-Op.
17–138 (CIT October 10, 2017),’’ dated February 7,
2018 (Final Redetermination) (available at https://
enforcement.trade.gov/remands/17-138.pdf).
6 See ABB, INC. v. United States, Court No. 16–
00054, Slip Op. 18–156 (CIT 2018).
7 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken), at 341.
8 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 20 10)
(Diamond Sawblades).
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54844
Federal Register / Vol. 84, No. 198 / Friday, October 11, 2019 / Notices
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
August 29, 2019 Order and judgment
sustaining Commerce’s Final
Redetermination with respect to
commissions, and Hyosung’s motion for
partial final judgment, constitute a final
decision of the CIT that is not in
harmony with the Amended Final
Results. This notice is published in
fulfillment of the publication
requirements of Timken. Accordingly,
Commerce will continue the suspension
of liquidation of the subject
merchandise at issue pending expiration
of the period to appeal or, if appealed,
pending a final and conclusive court
decision.
Dated: October 4, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Amended Final Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and/or exporters
subject to this administrative review
during the period of review (POR), April
25, 2017 through December 31, 2018.
Interested parties are invited to
comment on these preliminary results of
review.
DATES: Applicable October 11, 2019.
FOR FURTHER INFORMATION CONTACT:
Annathea Cook, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0250.
SUPPLEMENTARY INFORMATION:
Producer/exporter
Weightedaverage margin
(percent)
Hyosung Corporation ........
8.74
In the event that the CIT’s rulings are
not appealed or, if appealed, are upheld
by a final and conclusive court decision,
Commerce will instruct Customs and
Border Protection (CBP) to assess
antidumping duties on unliquidated
entries of subject merchandise based on
the revised dumping margins listed
above.
Cash Deposit Requirements
Since the Amended Final Results,
Commerce has established a new cash
deposit rate for Hyosung.9 Therefore,
this Final Redetermination, and as
affirmed by the Court, does not change
the later-established cash deposit rates
for Hyosung.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–052]
Certain Hardwood Plywood Products
From the People’s Republic of China:
Preliminary Results of Countervailing
Duty Administrative Review and
Rescission of Review, in Part; 2017–
2018
AGENCY:
Because there is now a final court
decision, Commerce is amending the
Amended Final Results with respect to
the dumping margins calculated for
Hyosung. Based on the Final
Redetermination, as affirmed by the CIT,
the revised dumping margin for
Hyosung from August 1, 2013 through
July 31, 2014, is as follows:
9 See, e.g., Large Power Transformers from the
Republic of Korea: Amended Final Results of
Antidumping Duty Administrative Duty
Administrative Review; 2016–2017, 84 FR 16461
(April 19, 2019).
VerDate Sep<11>2014
[FR Doc. 2019–22302 Filed 10–10–19; 8:45 am]
17:56 Oct 10, 2019
Jkt 250001
Background
On April 1, 2019, Commerce
published the notices of initiation of the
administrative review of the
countervailing duty (CVD) order 1 on
certain hardwood plywood products
(hardwood plywood) from the People’s
Republic of China (China ).2 On May 2,
2019, Commerce published a correction
of the original Initiation Notice to
include additional companies for which
a review had been requested.3 Pursuant
to the Initiation Notice and Corrected
Initiation Notice, we initiated a review
on 59 companies.
On August 27, 2019, based on timely
requests for withdrawal of
1 See Certain Hardwood Plywood Products from
the People’s Republic of China: Countervailing Duty
Order, 83 FR 513 (January 4, 2018) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
12200 (April 1, 2019) (Initiation Notice).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
18777 (May 2, 2019) (Corrected Initiation Notice).
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administrative review, Commerce
partially rescinded the administrative
review for 47 entities. 4 In addition to
the companies for which we rescinded
the review in the Rescission Notice, we
are, concurrent with these preliminary
results, also rescinding the review with
respect to Linyi Celtic, whose requests
for review were also timely withdrawn.
In addition, as described further below,
Commerce is preliminarily rescinding
the review with respect to nine
additional companies for which CBP
data showed no reviewable entries,
leaving 2 companies subject to the
administrative review.5
From June 24, 2019 to August 15,
2019, Commerce selected Linyi Dahua
Wood Co., Ltd. (Linyi Dahua); Zhejiang
Dehua TB Import & Export Co., Ltd
(Zhejiang Dehua) and Jiangsu High
Hope Arser Co., Ltd. (High Hope), as
mandatory respondents.6 For a complete
description of the events that followed
the initiation of this administrative
review, see the Preliminary Decision
Memorandum.7
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s AD and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and to all
parties in the Central Records Unit,
Room B8024 of the main Commerce
building. In addition, a complete
4 See Certain Hardwood Plywood Products from
the People’s Republic of China: Partial Rescission
of 2017–2018 Countervailing Duty Administrative
Review, 84 FR 44853 (August 27, 2019) (Partial
Rescission Notice).
5 See DeKieffer & Horgan, PPLC’s Letter,
‘‘Hardwood Plywood Products from the People’s
Republic of China: Withdrawal of Request for
Administrative Review,’’ dated June 25, 2019; see
also Richmond International Forest Products LLC’s
Letter, ‘‘Administrative Review of the
Countervailing Duty on Plywood Products from the
People’s Republic of China: Withdrawal of Request
for Review and Correction to June 21 Submission,’’
dated July 1, 2019.
6 See Memorandum, ‘‘Countervailing Duty
Administrative Review of Certain Hardwood
Plywood Products from the People’s Republic of
China: Respondent Selection,’’ dated June 24, 2019;
see also Memorandum, ‘‘Countervailing Duty
Administrative Review of Certain Hardwood
Plywood Products from the People’s Republic of
China: Replacement Respondent Selection,’’ dated
July 18, 2019; and Memorandum, ‘‘Countervailing
Duty Administrative Review of Certain Hardwood
Plywood Products from the People’s Republic of
China: Second Replacement Respondent Selection,’’
dated August 15, 2019. The review request for Linyi
Dahua was subsequently withdrawn and it was
included in the Partial Rescission Notice.
7 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review: Certain Hardwood Plywood
Products from the People’s Republic of China;
2017–2018,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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]]>Agencies
[Federal Register Volume 84, Number 198 (Friday, October 11, 2019)]
[Notices]
[Pages 54843-54844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22302]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-867]
Large Power Transformers From the Republic of Korea: Notice of
Court Decision Not in Harmony With Final Results, Notice of Amended
Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Court of International Trade (CIT) granted a request from
Hyosung Corporation and HICO America Sales and Technology (HICO
America) (collectively, Hyosung) for partial final judgment regarding
issues pertaining solely to Hyosung concerning the administrative
review of the antidumping duty order on large power transformers (LPTs)
from the Republic of Korea (Korea) covering the period August 1, 2013
through July 31, 2014 (Court Order, ABB Inc. v. United States, Ct. No.
16-54 (CIT August 29, 2019)). The Department of Commerce (Commerce) is
notifying the public that the partial final judgment in this case is
not in harmony with the final results and notice of amended final
results of the administrative review and that Commerce is amending the
amended final results with respect to the dumping margins assigned to
Hyosung.
DATES: Applicable October 11, 2019.
FOR FURTHER INFORMATION CONTACT: John K. 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) 482-0195.
SUPPLEMENTARY INFORMATION:
Background
On March 16, 2016, Commerce issued the Final Results.\1\ In the
Final Results, Commerce assigned dumping margins of 9.40 percent and
4.07 percent to Hyosung and Hyundai Heavy Industries Co., Ltd. (HHI)
and Hyundai Corporation, USA (Hyundai USA) (collectively, Hyundai),
respectively. Upon consideration of various ministerial error
allegations, Commerce issued the Amended Final Results on May 5, 2016,
and calculated a weighted-average margin of 7.89 percent for
Hyosung.\2\ Hyosung and Hyundai are Korean producers/exporters of LPTs
and were mandatory respondents in the underlying administrative
review.\3\
---------------------------------------------------------------------------
\1\ See Large Power Transformers from the Republic of Korea:
Final Results of Antidumping Duty Administrative Review; 2013-2014,
81 FR 14087 (March 16, 2016) (Final Results) and accompanying Issues
and Decision Memorandum.
\2\ See Large Power Transformers from the Republic of Korea:
Amended Final Results of Antidumping Duty Administrative Review;
2013-2014, 81 FR 27088 (May 5, 2016) (Amended Final Results).
\3\ Commerce also assessed margins of 6.74 percent for ILJIN
Electric Co., Ltd. (ILJIN Electric), ILJIN, and LSIS Co., Ltd.,
based on the margins calculated for Hyosung and Hyundai. See Final
Results.
---------------------------------------------------------------------------
On October 10, 2017, the CIT remanded certain aspects of the Final
Results and Amended Final Results to Commerce.\4\ Specifically, the CIT
instructed Commerce to clarify the treatment of the respondents' U.S.
commissions based on record evidence, as well as to re-examine whether
to cap Hyundai's service-related revenues based on associated expenses.
---------------------------------------------------------------------------
\4\ See ABB INC. v. United States, Slip Op. 17-138 (CIT, October
10, 2017) (Remand Order).
---------------------------------------------------------------------------
Pursuant to the Remand Order, Commerce issued its Final
Redetermination, which addressed the Court's holdings and revised the
weighted-average dumping margins for Hyosung and Hyundai to 8.74
percent and 25.51 percent, respectively.\5\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Final Results of Redetermination Pursuant
to Court Remand ABB INC v. United States Court No. 16-00054, Slip-
Op. 17-138 (CIT October 10, 2017),'' dated February 7, 2018 (Final
Redetermination) (available at https://enforcement.trade.gov/remands/17-138.pdf).
---------------------------------------------------------------------------
On November 13, 2018, the CIT sustained Commerce's Final
Redetermination with respect to commissions, but remanded the issue of
service-related revenues to Commerce a second time.\6\ Hyosung moved
for partial final judgment on issues affecting its entries. On August
29, 2019, the CIT issued the partial final judgment with regard to
issues which affected Hyosung (Court Order, ABB Inc. v. United States,
Ct. No. 16-54 (CIT August 29, 2019)).
---------------------------------------------------------------------------
\6\ See ABB, INC. v. United States, Court No. 16-00054, Slip Op.
18-156 (CIT 2018).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken, \7\ as clarified by Diamond
Sawblades,\8\ the United States Court of Appeals for the Federal
Circuit (CAFC) held that, pursuant to sections 516A(c) and (e) of the
Act, Commerce must publish a notice of a court decision that is not
``in harmony'' with a Commerce determination and must suspend
[[Page 54844]]
liquidation of entries pending a ``conclusive'' court decision. The
CIT's August 29, 2019 Order and judgment sustaining Commerce's Final
Redetermination with respect to commissions, and Hyosung's motion for
partial final judgment, constitute a final decision of the CIT that is
not in harmony with the Amended Final Results. This notice is published
in fulfillment of the publication requirements of Timken. Accordingly,
Commerce will continue the suspension of liquidation of the subject
merchandise at issue pending expiration of the period to appeal or, if
appealed, pending a final and conclusive court decision.
---------------------------------------------------------------------------
\7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken), at 341.
\8\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 20 10) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Results
Because there is now a final court decision, Commerce is amending
the Amended Final Results with respect to the dumping margins
calculated for Hyosung. Based on the Final Redetermination, as affirmed
by the CIT, the revised dumping margin for Hyosung from August 1, 2013
through July 31, 2014, is as follows:
------------------------------------------------------------------------
Weighted- average
Producer/exporter margin (percent)
------------------------------------------------------------------------
Hyosung Corporation.................................. 8.74
------------------------------------------------------------------------
In the event that the CIT's rulings are not appealed or, if
appealed, are upheld by a final and conclusive court decision, Commerce
will instruct Customs and Border Protection (CBP) to assess antidumping
duties on unliquidated entries of subject merchandise based on the
revised dumping margins listed above.
Cash Deposit Requirements
Since the Amended Final Results, Commerce has established a new
cash deposit rate for Hyosung.\9\ Therefore, this Final
Redetermination, and as affirmed by the Court, does not change the
later-established cash deposit rates for Hyosung.
---------------------------------------------------------------------------
\9\ See, e.g., Large Power Transformers from the Republic of
Korea: Amended Final Results of Antidumping Duty Administrative Duty
Administrative Review; 2016-2017, 84 FR 16461 (April 19, 2019).
---------------------------------------------------------------------------
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: October 4, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-22302 Filed 10-10-19; 8:45 am]
BILLING CODE 3510-DS-P
