Large Power Transformers From the Republic of Korea: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 53866-53868 [2023-17070]
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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Notices
Dated: August 3, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
Scope of the Antidumping Duty Order on
Certain Circular Welded Carbon Steel Pipes
and Tubes From Taiwan (A–583–008)
The merchandise subject to the order is
certain circular welded carbon steel pipes
and tubes from Taiwan, which are defined as:
welded carbon steel pipes and tubes, of
circular cross section, with walls not thinner
than 0.065 inch, and 0.375 inch or more but
not over 4.5 inches in outside diameter,
currently classified under Harmonized Tariff
Schedule of the United States (HTSUS) item
numbers 7306.30.5025, 7306.30.5032,
7306.30.5040, and 7306.30.5055. Although
the HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise under
the order is dispositive.
lotter on DSK11XQN23PROD with NOTICES1
Appendix II
Scope of the Antidumping Duty Order on
Circular Welded Non-Alloy Steel Pipe From
Taiwan (A–583–814)
The products covered by this order are (1)
circular welded non-alloy steel pipes and
tubes, of circular cross section over 114.3
millimeters (4.5 inches), but not over 406.4
millimeters (16 inches) in outside diameter,
with a wall thickness of 1.65 millimeters
(0.065 inches) or more, regardless of surface
finish (black, galvanized, or painted), or endfinish (plain end, beveled end, threaded, or
threaded and coupled); and (2) circular
welded non-alloy steel pipes and tubes, of
circular cross-section less than 406.4
millimeters (16 inches), with a wall thickness
of less than 1.65 millimeters (0.065 inches),
regardless of surface finish (black,
galvanized, or painted) or end-finish (plain
end, beveled end, threaded, or threaded and
coupled). These pipes and tubes are generally
known as standard pipes and tubes and are
intended for the low pressure conveyance of
water, steam, natural gas, air, and other
liquids and gases in plumbing and heating
systems, air conditioning units, automatic
sprinkling systems, and other related uses,
and generally meet ASTM A–53
specifications. Standard pipe may also be
used for light-loadbearing applications, such
as for fence-tubing and as structural pipe
tubing used for framing and support
members for construction, or load-bearing
purposes in the construction, shipbuilding,
trucking, farm-equipment, and related
industries. Unfinished conduit pipe is also
included in this order.
All carbon steel pipes and tubes within the
physical description outlined above are
included within the scope of this order,
except line pipe, oil country tubular goods,
boiler tubing, mechanical tubing, pipe and
tube hollows for redraws, finished
scaffolding, and finished conduit. Standard
pipe that is dual or triple certified/stenciled
that enters the U.S. as line pipe of a kind or
used for oil and gas pipelines is also not
included in this investigation.
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18:19 Aug 08, 2023
Jkt 259001
Imports of the products covered by this
order are currently classifiable under the
following Harmonized Tariff Schedule (HTS)
subheadings, 7306.30.10.00, 7306.30.50.25,
7306.30.50.32, 7306.30.50.40, 7306.30.50.55,
7306.30.50.85, 7306.30.50.90. Although the
HTS subheadings are provided for
convenience and customs purposes, our
written description of the scope of this order
is dispositive.
[FR Doc. 2023–17088 Filed 8–8–23; 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: Initiation and
Preliminary Results of Antidumping
Duty Changed Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request for a
changed circumstances review (CCR),
the U.S. Department of Commerce
(Commerce) is initiating a CCR of the
antidumping duty (AD) order on large
power transformers (LPTs) from the
Republic of Korea (Korea). Additionally,
Commerce preliminarily determines
that HD Hyundai Electric Co., Ltd.
(HDHE) is the successor-in-interest to
Hyundai Electric & Energy Systems Co.,
Ltd. (HEES). Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable August 9, 2023.
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 August 31, 2012, Commerce
published the AD order on LPTs from
Korea in the Federal Register.1 In the
most recently completed administrative
review, covering the period August 1,
2020, through July 31, 2021, HEES was
assigned the cash deposit rate of 4.32
percent as a company not selected for
individual review.2
On May 15, 2023, HDHE informed
Commerce that HEES had officially
1 See Large Power Transformers from the
Republic of Korea: Antidumping Duty Order, 77 FR
53177 (August 31, 2012) (Order).
2 See Large Power Transformers from the
Republic of Korea: Final Results of Antidumping
Duty Administrative Review; 2020–2021, 88 FR
16236 (March 16, 2023).
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changed its Korean name from Hyundai
Electric & Energy Systems Co., Ltd. to
HD Hyundai Electric Co., Ltd.3 HDHE
requested the initiation of a CCR to find
that HDHE is the successor-in-interest to
HEES.4 On June 16, 2023, Commerce
extended the time period by 35 days,
until August 3, 2023, for determining
whether to initiate and whether to issue
a simultaneous preliminary
determination.5 On July 28, 2023, HDHE
filed a copy of its first quarter 2023
financial statements in Korean, with a
partial translation into English.6 On
August 2, 2023, HDHE filed a copy of
its first quarter 2023 financial
statements which were fully translated
into English.7 We did not receive
comments from other interested parties
concerning this request.
Scope of the Order
The merchandise covered by the
Order is LPTs from Korea. For a full
description of the merchandise covered
by the scope of the Order, see the
Preliminary Decision Memorandum.8
Initiation of Changed Circumstances
Review
Pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.216, Commerce will
conduct a CCR of an order upon receipt
of information or a review request from
an interested party for a review of an
order which shows changed
circumstances sufficient to warrant a
review of the order.9 In the past,
Commerce has used CCRs to address the
applicability of cash deposit rates after
there have been changes in the name or
structure of a respondent, such as a
merger or spinoff (‘‘successor-ininterest,’’ or ‘‘successorship,’’
determinations).10 The information
3 See HDHE’s Letter, ‘‘Request for Changed
Circumstances Review and Successor-in Interest
Determination,’’ dated May 15, 2023 (CCR Request).
4 Id. at 1–2.
5 See Commerce’s Letter, ‘‘Extension of Initiation
Deadline,’’ dated June 16, 2023.
6 See HDHE’s Letter, ‘‘Submission of Q1 2023
Financial Statement and Unofficial Translation,’’
dated July 28, 2023.
7 See HDHE’s Letter, ‘‘Submission of Q1 2023
Financial Statement Translation,’’ dated August 2,
2023.
8 See Memorandum, ‘‘Decision Memorandum for
the Initiation and Preliminary Results of Changed
Circumstances Review: Large Power Transformers
from the Republic of Korea,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
9 See 19 CFR 351.216(c).
10 See, e.g., Diamond Sawblades and Parts
Thereof from the People’s Republic of China:
Initiation and Preliminary Results of Antidumping
Duty Changed Circumstances Review, 82 FR 51605,
51606 (November 7, 2017), unchanged in Diamond
Sawblades and Parts Thereof from the People’s
Republic of China: Final Results of Antidumping
E:\FR\FM\09AUN1.SGM
09AUN1
Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Notices
submitted by HDHE supporting its claim
that it is the successor-in-interest to
HEES demonstrates changed
circumstances sufficient to warrant such
a review.11
The information submitted by HDHE
demonstrates that its request is based
solely on a change in the Korean name
of the company from ‘‘Hyundai Electric
& Energy Systems Co., Ltd.’’ to ‘‘HD
Hyundai Electric Co., Ltd.,’’ effective
March 27, 2023.12 Moreover, the
evidence submitted in support of
HDHE’s request demonstrates that
HDHE is otherwise the same business
entity as HEES. Therefore, in
accordance with the regulation
referenced above, Commerce is
initiating a CCR to determine whether
HDHE is the successor-in-interest to
HEES.
lotter on DSK11XQN23PROD with NOTICES1
Preliminary Results
Commerce is permitted by 19 CFR
351.221(c)(3)(ii) to combine the notice
of initiation of a CCR and the
preliminary results if Commerce
concludes that expedited action is
warranted. In this instance, because the
record contains information necessary
to make a preliminary finding, we find
that expedited action is warranted and
we have combined the notice of
initiation and the preliminary results.
Accordingly, pursuant to section
751(b) of the Act, we have conducted a
successor-in-interest analysis in
response to HDHE’s request. In making
a successor-in-interest determination in
an AD CCR, Commerce examines
several factors, including, but not
limited to, changes in the following: (1)
management and ownership; (2)
production facilities; (3) supplier
relationships; and (4) customer base.13
While no single factor or combination of
factors will necessarily provide a
dispositive indication of a successor-ininterest relationship, generally,
Commerce will consider the new
company to be the successor to the
previous company if the new company’s
resulting operation is not materially
dissimilar to that of its predecessor.14
Thus, if the evidence demonstrates that,
Duty Changed Circumstances Review, 82 FR 60177
(December 19, 2017) (Diamond Sawblades Final).
11 See 19 CFR 351.216(d).
12 See CCR Request at 3.
13 See, e.g., Diamond Sawblades Final; see also
Certain Frozen Warmwater Shrimp from India:
Initiation and Preliminary Results of Antidumping
Duty Changed Circumstances Review, 83 FR 37784
(August 2, 2018), unchanged in Certain Frozen
Warmwater Shrimp from India: Notice of Final
Results of Antidumping Duty Changed
Circumstances Review, 83 FR 49909 (October 3,
2018) (Shrimp from India).
14 See, e.g., Diamond Sawblades Final and
Shrimp from India.
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18:19 Aug 08, 2023
Jkt 259001
with respect to the production and sales
of the subject merchandise, the new
company operates as essentially the
same business entity as the former
company, Commerce will assign to the
new company the cash deposit rate of
its predecessor.15
In its CCR request, HDHE provided
evidence demonstrating that HDHE’s
operations are not materially dissimilar
from those of HEES. Based on the
record, we preliminarily determine that
HDHE is the successor-in-interest to
HEES, as the change in the business’
Korean name was not accompanied by
significant changes to its management
and ownership, production, facilities,
supplier relationships, or customer base.
There is also no evidence of significant
changes between HEES and the
successor-in-interest company HDHE’s
operations, ownership, or corporate or
legal structure during the relevant
period that could have impacted the
successor-in-interest company’s subsidy
levels.16 Thus, we preliminarily
determine that HDHE operates as
essentially the same business entity as
HEES, that HDHE is the successor-ininterest to HEES, and that HDHE should
receive the same AD cash deposit rate
with respect to subject merchandise as
its predecessor, HEES.
For a complete discussion of the
information that HDHE provided, and
the complete successor-in-interest
analysis, see the Preliminary Decision
Memorandum. A list of topics discussed
in the Preliminary Decision
Memorandum is included as an
appendix to this notice. The Preliminary
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. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
15 See, e.g., Notice of Initiation and Preliminary
Results of Antidumping Duty Changed
Circumstances Review: Certain Frozen Warmwater
Shrimp from India, 77 FR 64953 (October 24, 2012),
unchanged in Final Results of Antidumping Duty
Changed Circumstances Review: Certain Frozen
Warmwater Shrimp from India, 77 FR 73619
(December 11, 2012); see also Notice of Initiation
and Preliminary Results of Changed Circumstances
Reviews: Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China, 85 FR
5193 (January 29, 2020), unchanged in Certain
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China: Final Results of
Changed Circumstances Reviews, 85 FR 14638
(March 13, 2020).
16 See CCR Request.
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53867
Public Comment
In accordance with 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs not later than seven
days after the date of publication of this
notice.17 Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed no later than seven days after the
case briefs, in accordance with 19 CFR
351.309(d).18 Parties who submit case or
rebuttal briefs are encouraged to submit
with each argument: (1) a statement of
the issue; (2) a brief summary of the
arguments; and (3) a table of
authorities.19
Pursuant to 19 CFR 351.310(c), any
interested party may request a hearing
within 7 days of publication of this
notice.20 Hearing requests should
contain the following information: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations at
the hearing will be limited to issues
raised in the briefs. If a request for a
hearing is made, Commerce intends to
hold the hearing at a time and date to
be determined. Parties should confirm
the date and the time of the hearing two
days before the scheduled date.
All submissions are to be filed
electronically using ACCESS. An
electronically filed document must be
received successfully in its entirety by
ACCESS by 5:00 p.m. Eastern Time on
the day it is due.21 Note that Commerce
has temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.22
Final Results of Review
Should our final results remain
unchanged from these preliminary
results, we will instruct U.S. Customs
and Border Protection to assign entries
of subject merchandise exported by
HDHE the AD cash deposit rate
applicable to HEES. Consistent with 19
CFR 351.216(e), we will issue the final
results of this changed circumstances
review no later than 270 days after the
date on which this review was initiated,
or within 45 days if all parties agree to
our preliminary finding.
17 Commerce is exercising its discretion under 19
CFR 351.309(c)(1)(ii) to alter the time limit for the
filing of case briefs.
18 Commerce is exercising its discretion under 19
CFR 351.309(d)(1) to alter the time limit for the
filing of rebuttal briefs.
19 See 19 CFR 351.309(c)(2).
20 Commerce is exercising its discretion under 19
CFR 351.310(c) to alter the time limit for requesting
a hearing.
21 See 19 CFR 351.303(b).
22 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
E:\FR\FM\09AUN1.SGM
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53868
Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Notices
Notification to Interested Parties
This initiation and preliminary results
notice is published in accordance with
sections 751(b)(1) and 777(i)(1) of the
Act, and 19 CFR 351.216(b), 351.221(b)
and 351.221(c)(3).
Dated: August 3, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Initiation and Preliminary Results of the
Changed Circumstances Review
V. Successor-in-Interest Determination
VI. Recommendation
[FR Doc. 2023–17070 Filed 8–8–23; 8:45 am]
ACTION:
Notice; correction.
The U.S. Department of
Commerce (Commerce) published a
notice in the Federal Register of July 28,
2023, in which it issued the amended
final results of the administrative review
of the antidumping duty (AD) order on
steel concrete reinforcing bar (rebar)
from Mexico. This notice inadvertently
omitted a company, Sidertul S.A. de
C.V., that was subject to the AD review.
DATES: Applicable August 9, 2023.
FOR FURTHER INFORMATION CONTACT: Kyle
Clahane, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5449.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Correction
In the Federal Register of July 28,
2023, in FR Doc 2023–16033, on pages
48792–48973, in the weighted-average
dumping margin table, Commerce did
not list a company named ‘‘Sidertul S.A.
de C.V.’’
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–844]
Steel Concrete Reinforcing Bar From
Mexico: Amended Final Results of
Antidumping Duty Administrative
Review; 2020–2021; Correction
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
Background
On December 28, 2021, Commerce
initiated this administrative review on
multiple companies, including Sidertul
S.A. de C.V. (Sidertul), covering the
period November 1, 2020, through
October 31, 2021.1 Subsequently, on
June 9, 2023, Commerce published in
the Federal Register the final results of
the administrative review; this notice
listed Sidertul as one of the companies
not selected for individual examination
that was assigned the weighted average
of the dumping margins calculated for
the two mandatory respondents,
Deacero S.A.P.I. de C.V./Ingeteknos
Estructurales, S.A. de C.V. and Grupo
Acerero S.A. de C.V.2 Finally,
Commerce published the Amended
Final Results on July 28, 2023, to correct
a ministerial error that resulted in
amended weighted-average dumping
margins assigned to certain companies,
including the companies not selected
for individual examination.3 In the
Amended Final Results, Commerce
inadvertently omitted Sidertul, and the
amended final rate that it was assigned,
from the weighted-average dumping
margin table.4 With the issuance of this
notice of correction, we confirm that
Sidertul is included among the group of
firms that was assigned the rate for
companies not selected for individual
examination in this administrative
review covering the period November 1,
2020, through October 31, 2021.
The corrected weighted-average
dumping margin table, including
Sidertul, is as follows:
Weightedaverage
dumping
margin
(percent)
Producer or exporter
lotter on DSK11XQN23PROD with NOTICES1
Deacero S.A.P.I. de C.V./Ingeteknos Estructurales, S.A. de C.V ......................................................................................................
Grupo Acerero S.A. de C.V .................................................................................................................................................................
ArcelorMittal Mexico SA de CV ...........................................................................................................................................................
Grupo Simec/Aceros Especiales Simec Tlaxcala, S.A. de C.V./Compania Siderurgica del Pacifico S.A. de C.V./Fundiciones de
Acero Estructurales, S.A. de C.V./Grupo Chant S.A.P.I. de C.V./Operadora de Perfiles Sigosa, S.A. de C.V./Orge S.A. de
C.V./Perfiles Comerciales Sigosa, S.A. de C.V./RRLC S.A.P.I. de C.V./Sideru´rgicos Noroeste, S.A. de C.V./Siderurgica del
Occidente y Pacifico S.A. de C.V./Simec International, S.A. de C.V./Simec International 6 S.A. de C.V./Simec International 7
S.A. de C.V./Simec International 9 S.A. de C.V ..............................................................................................................................
Sidertul S.A. de C.V ............................................................................................................................................................................
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
73734 (December 28, 2021).
2 See Steel Concrete Reinforcing Bar from
Mexico: Final Results of Antidumping Duty
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18:19 Aug 08, 2023
Jkt 259001
Administrative Review; 2020–2021, 88 FR 37849
(June 9, 2023).
3 See Steel Concrete Reinforcing Bar from Mexico:
Amended Final Results of Antidumping Duty
PO 00000
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Sfmt 4703
2.49
16.28
5.93
5.93
5.93
Administrative Review; 2020–2021, 88 FR 48792
(July 28, 2023) (Amended Final Results).
4 Id.
E:\FR\FM\09AUN1.SGM
09AUN1
]]>Agencies
[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Notices]
[Pages 53866-53868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17070]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-867]
Large Power Transformers From the Republic of Korea: Initiation
and Preliminary Results of Antidumping Duty Changed Circumstances
Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request for a changed circumstances review
(CCR), the U.S. Department of Commerce (Commerce) is initiating a CCR
of the antidumping duty (AD) order on large power transformers (LPTs)
from the Republic of Korea (Korea). Additionally, Commerce
preliminarily determines that HD Hyundai Electric Co., Ltd. (HDHE) is
the successor-in-interest to Hyundai Electric & Energy Systems Co.,
Ltd. (HEES). Interested parties are invited to comment on these
preliminary results.
DATES: Applicable August 9, 2023.
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 August 31, 2012, Commerce published the AD order on LPTs from
Korea in the Federal Register.\1\ In the most recently completed
administrative review, covering the period August 1, 2020, through July
31, 2021, HEES was assigned the cash deposit rate of 4.32 percent as a
company not selected for individual review.\2\
---------------------------------------------------------------------------
\1\ See Large Power Transformers from the Republic of Korea:
Antidumping Duty Order, 77 FR 53177 (August 31, 2012) (Order).
\2\ See Large Power Transformers from the Republic of Korea:
Final Results of Antidumping Duty Administrative Review; 2020-2021,
88 FR 16236 (March 16, 2023).
---------------------------------------------------------------------------
On May 15, 2023, HDHE informed Commerce that HEES had officially
changed its Korean name from Hyundai Electric & Energy Systems Co.,
Ltd. to HD Hyundai Electric Co., Ltd.\3\ HDHE requested the initiation
of a CCR to find that HDHE is the successor-in-interest to HEES.\4\ On
June 16, 2023, Commerce extended the time period by 35 days, until
August 3, 2023, for determining whether to initiate and whether to
issue a simultaneous preliminary determination.\5\ On July 28, 2023,
HDHE filed a copy of its first quarter 2023 financial statements in
Korean, with a partial translation into English.\6\ On August 2, 2023,
HDHE filed a copy of its first quarter 2023 financial statements which
were fully translated into English.\7\ We did not receive comments from
other interested parties concerning this request.
---------------------------------------------------------------------------
\3\ See HDHE's Letter, ``Request for Changed Circumstances
Review and Successor-in Interest Determination,'' dated May 15, 2023
(CCR Request).
\4\ Id. at 1-2.
\5\ See Commerce's Letter, ``Extension of Initiation Deadline,''
dated June 16, 2023.
\6\ See HDHE's Letter, ``Submission of Q1 2023 Financial
Statement and Unofficial Translation,'' dated July 28, 2023.
\7\ See HDHE's Letter, ``Submission of Q1 2023 Financial
Statement Translation,'' dated August 2, 2023.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is LPTs from Korea. For a full
description of the merchandise covered by the scope of the Order, see
the Preliminary Decision Memorandum.\8\
---------------------------------------------------------------------------
\8\ See Memorandum, ``Decision Memorandum for the Initiation and
Preliminary Results of Changed Circumstances Review: Large Power
Transformers from the Republic of Korea,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.216, Commerce will conduct a CCR of an order
upon receipt of information or a review request from an interested
party for a review of an order which shows changed circumstances
sufficient to warrant a review of the order.\9\ In the past, Commerce
has used CCRs to address the applicability of cash deposit rates after
there have been changes in the name or structure of a respondent, such
as a merger or spinoff (``successor-in-interest,'' or
``successorship,'' determinations).\10\ The information
[[Page 53867]]
submitted by HDHE supporting its claim that it is the successor-in-
interest to HEES demonstrates changed circumstances sufficient to
warrant such a review.\11\
---------------------------------------------------------------------------
\9\ See 19 CFR 351.216(c).
\10\ See, e.g., Diamond Sawblades and Parts Thereof from the
People's Republic of China: Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review, 82 FR 51605, 51606
(November 7, 2017), unchanged in Diamond Sawblades and Parts Thereof
from the People's Republic of China: Final Results of Antidumping
Duty Changed Circumstances Review, 82 FR 60177 (December 19, 2017)
(Diamond Sawblades Final).
\11\ See 19 CFR 351.216(d).
---------------------------------------------------------------------------
The information submitted by HDHE demonstrates that its request is
based solely on a change in the Korean name of the company from
``Hyundai Electric & Energy Systems Co., Ltd.'' to ``HD Hyundai
Electric Co., Ltd.,'' effective March 27, 2023.\12\ Moreover, the
evidence submitted in support of HDHE's request demonstrates that HDHE
is otherwise the same business entity as HEES. Therefore, in accordance
with the regulation referenced above, Commerce is initiating a CCR to
determine whether HDHE is the successor-in-interest to HEES.
---------------------------------------------------------------------------
\12\ See CCR Request at 3.
---------------------------------------------------------------------------
Preliminary Results
Commerce is permitted by 19 CFR 351.221(c)(3)(ii) to combine the
notice of initiation of a CCR and the preliminary results if Commerce
concludes that expedited action is warranted. In this instance, because
the record contains information necessary to make a preliminary
finding, we find that expedited action is warranted and we have
combined the notice of initiation and the preliminary results.
Accordingly, pursuant to section 751(b) of the Act, we have
conducted a successor-in-interest analysis in response to HDHE's
request. In making a successor-in-interest determination in an AD CCR,
Commerce examines several factors, including, but not limited to,
changes in the following: (1) management and ownership; (2) production
facilities; (3) supplier relationships; and (4) customer base.\13\
While no single factor or combination of factors will necessarily
provide a dispositive indication of a successor-in-interest
relationship, generally, Commerce will consider the new company to be
the successor to the previous company if the new company's resulting
operation is not materially dissimilar to that of its predecessor.\14\
Thus, if the evidence demonstrates that, with respect to the production
and sales of the subject merchandise, the new company operates as
essentially the same business entity as the former company, Commerce
will assign to the new company the cash deposit rate of its
predecessor.\15\
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\13\ See, e.g., Diamond Sawblades Final; see also Certain Frozen
Warmwater Shrimp from India: Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review, 83 FR 37784 (August
2, 2018), unchanged in Certain Frozen Warmwater Shrimp from India:
Notice of Final Results of Antidumping Duty Changed Circumstances
Review, 83 FR 49909 (October 3, 2018) (Shrimp from India).
\14\ See, e.g., Diamond Sawblades Final and Shrimp from India.
\15\ See, e.g., Notice of Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review: Certain Frozen
Warmwater Shrimp from India, 77 FR 64953 (October 24, 2012),
unchanged in Final Results of Antidumping Duty Changed Circumstances
Review: Certain Frozen Warmwater Shrimp from India, 77 FR 73619
(December 11, 2012); see also Notice of Initiation and Preliminary
Results of Changed Circumstances Reviews: Certain Passenger Vehicle
and Light Truck Tires from the People's Republic of China, 85 FR
5193 (January 29, 2020), unchanged in Certain Passenger Vehicle and
Light Truck Tires from the People's Republic of China: Final Results
of Changed Circumstances Reviews, 85 FR 14638 (March 13, 2020).
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In its CCR request, HDHE provided evidence demonstrating that
HDHE's operations are not materially dissimilar from those of HEES.
Based on the record, we preliminarily determine that HDHE is the
successor-in-interest to HEES, as the change in the business' Korean
name was not accompanied by significant changes to its management and
ownership, production, facilities, supplier relationships, or customer
base. There is also no evidence of significant changes between HEES and
the successor-in-interest company HDHE's operations, ownership, or
corporate or legal structure during the relevant period that could have
impacted the successor-in-interest company's subsidy levels.\16\ Thus,
we preliminarily determine that HDHE operates as essentially the same
business entity as HEES, that HDHE is the successor-in-interest to
HEES, and that HDHE should receive the same AD cash deposit rate with
respect to subject merchandise as its predecessor, HEES.
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\16\ See CCR Request.
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For a complete discussion of the information that HDHE provided,
and the complete successor-in-interest analysis, see the Preliminary
Decision Memorandum. A list of topics discussed in the Preliminary
Decision Memorandum is included as an appendix to this notice. The
Preliminary 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. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Public Comment
In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may
submit case briefs not later than seven days after the date of
publication of this notice.\17\ Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no later than seven days after
the case briefs, in accordance with 19 CFR 351.309(d).\18\ Parties who
submit case or rebuttal briefs are encouraged to submit with each
argument: (1) a statement of the issue; (2) a brief summary of the
arguments; and (3) a table of authorities.\19\
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\17\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\18\ Commerce is exercising its discretion under 19 CFR
351.309(d)(1) to alter the time limit for the filing of rebuttal
briefs.
\19\ See 19 CFR 351.309(c)(2).
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Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 7 days of publication of this notice.\20\ Hearing
requests should contain the following information: (1) the party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of the issues to be discussed. Oral presentations at the
hearing will be limited to issues raised in the briefs. If a request
for a hearing is made, Commerce intends to hold the hearing at a time
and date to be determined. Parties should confirm the date and the time
of the hearing two days before the scheduled date.
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\20\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
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All submissions are to be filed electronically using ACCESS. An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the day it is due.\21\
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until further notice.\22\
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\21\ See 19 CFR 351.303(b).
\22\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Final Results of Review
Should our final results remain unchanged from these preliminary
results, we will instruct U.S. Customs and Border Protection to assign
entries of subject merchandise exported by HDHE the AD cash deposit
rate applicable to HEES. Consistent with 19 CFR 351.216(e), we will
issue the final results of this changed circumstances review no later
than 270 days after the date on which this review was initiated, or
within 45 days if all parties agree to our preliminary finding.
[[Page 53868]]
Notification to Interested Parties
This initiation and preliminary results notice is published in
accordance with sections 751(b)(1) and 777(i)(1) of the Act, and 19 CFR
351.216(b), 351.221(b) and 351.221(c)(3).
Dated: August 3, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Initiation and Preliminary Results of the Changed Circumstances
Review
V. Successor-in-Interest Determination
VI. Recommendation
[FR Doc. 2023-17070 Filed 8-8-23; 8:45 am]
BILLING CODE 3510-DS-P
