Large Power Transformers From the Republic of Korea: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order, 330-331 [2023-28946]

Download as PDF 330 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices of the proceeding. Timely written notification of the return/destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing these final results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(2). Dated: December 27, 2023. Abdelali Elouaradia, Deputy 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. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Whether Commerce Should Apply Total Adverse Facts Available (AFA) to KSB for Failing to Fully Disclose its Affiliations Comment 2: Whether Commerce Should Rely on Annual or Quarterly WeightedAverage Costs for KSB Comment 3: Whether Commerce Should Allow KSB’s Reported Scrap Offset Comment 4: Whether Certain of KSB’s Home Market Sales Are Fictitious Comment 5: Whether Commerce Should Compare KSB’s Reported Home and U.S. Market Sales Using the Full 90/60 Day Window Period Comment 6: Whether Commerce Should Reject the Petitioners’ Case Brief VI. Recommendation [FR Doc. 2023–28932 Filed 1–2–24; 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: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on large power transformers (LPTs) from the Republic of Korea (Korea) would be likely to lead to continuation or recurrence of dumping ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 at the levels indicated in the ‘‘Final Results of Sunset Reviews’’ section of this notice. DATES: Applicable January 3, 2024. FOR FURTHER INFORMATION CONTACT: Natasia Harrison or Peter Farrell, 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) 482–1240 or (202) 482–2104, respectively. SUPPLEMENTARY INFORMATION: Background On September 1, 2023, Commerce published the notice of initiation of the second sunset review of the AD Order 1 on LPTs from Korea, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On September 14, 2023, Commerce received a notice of intent to participate from Hitachi Energy USA, Inc., Prolec-GE Waukesha, Inc., Delta Star Inc., and Pennsylvania Transformer Technology, Inc. (collectively, the domestic interested parties), within the deadline specified in 19 CFR 351.218(d)(1)(i).3 The domestic interested parties claimed interested party status under section 771(9)(C) of the Act, as manufacturers of a domestic like product in the United States. On September 29, 2023, we received a complete substantive response for this review from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).4 We received no substantive responses from respondent interested parties. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the Order on LPTs from Korea. 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), 1 See Large Power Transformers from the Republic of Korea: Antidumping Duty Order, 77 FR 53177 (August 31, 2012) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 88 FR 60438 (September 1, 2023). 3 See Domestic Interested Parties’ Letter, ‘‘Large Power Transformers from Korea—Domestic Interested Parties’ Notice of Intent to Participate,’’ dated September 14, 2023. 4 See Domestic Interested Parties’ Letter, ‘‘Large Power Transformers from the Republic of Korea— Five-Year (Sunset) Review of Antidumping Duty Order—Domestic Interested Parties’ Substantive Response to Notice of Initiation,’’ dated September 29, 2023. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 whether assembled or unassembled, complete or incomplete. For a complete description of the scope of the Order, see the Issues and Decision Memorandum.5 Analysis of Comments Received All issues raised in this review, including the likelihood of continuation or recurrence of dumping in the event of revocation and the magnitude of the margins likely to prevail if the Order were revoked, are addressed in the accompanying Issues and Decision Memorandum. 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. A complete version of the Issues and Decision Memorandum can be accessed directly on the internet at https:// access.trade.gov/public/ FRNoticesListLayout.aspx. Final Results of Sunset Review Pursuant to sections 751(c)(1), and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the AD Order on LPTs from Korea would be likely to lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail would be weightedaverage dumping margins up to 29.04 percent. Administrative Protective Orders This notice also serves as a final reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or 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 violation subject to sanction. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.218. 5 See Memorandum, ‘‘Issues and Decision Memorandum for the Expedited Second Sunset Review of the Antidumping Duty Order on Large Power Transformers from the Republic of Korea,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\03JAN1.SGM 03JAN1 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices Dated: December 27, 2023. Abdelali Elouaradia, Deputy 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. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margin Likely to Prevail VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2023–28946 Filed 1–2–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–872] Certain Paper Shopping Bags From Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that that certain paper shopping bags (paper bags) from Taiwan are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is April 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES: Applicable January 3, 2024. FOR FURTHER INFORMATION CONTACT: Nathan James, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5305. SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation in the Federal Register on June 27, VerDate Sep<11>2014 18:32 Jan 02, 2024 Jkt 262001 2023.1 On October 3, 2023, Commerce postponed the preliminary determination of this investigation until December 27, 2023.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II 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. Scope of the Investigation The products covered by this investigation are certain paper shopping bags from Taiwan. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,4 in the Initiation Notice, Commerce set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 As 1 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 88 FR 41589 (June 27, 2023) (Initiation Notice). 2 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 88 FR 68097 (October 3, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Certain Paper Shopping Bags from Taiwan,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 88 FR at 41590. 6 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated concurrently with this notice (Preliminary Scope Decision Memorandum). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 331 discussed in the Preliminary Scope Decision Memorandum, Commerce preliminarily modified the scope language as it appeared in the Initiation Notice. In the Preliminary Scope Decision Memorandum, Commerce established the deadline for parties to submit scope case and rebuttal briefs. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices for Haurtyi Paper Bag Co. (Haurtyi) in accordance with section 772(a) of the Act. Normal value for Haurtyi is calculated in accordance with section 773 of the Act. Furthermore, pursuant to sections 776(a) and (b) of the Act, Commerce has preliminarily relied on facts otherwise available, with adverse inferences (AFA), for Juang Jia Guoo Co., Ltd. (JJG). For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. Preliminary Affirmative Determination of Critical Circumstances In accordance with section 733(e) of the Act and 19 CFR 351.206(c), Commerce preliminarily determines that critical circumstances exist with respect to imports of paper bags from Taiwan for JJG and for all other producers and exporters. For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that, in a preliminary determination, Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weightedaverage dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. Where the rates for individually investigated companies are all zero or de minimis, or determined entirely using facts otherwise available, section 735(c)(5)(B) of the Act instructs Commerce to rely on ‘‘any reasonable method to establish the estimated allothers rate for exporters and producers not individually investigated, including averaging the estimated weightedaverage dumping margins determined E:\FR\FM\03JAN1.SGM 03JAN1

Agencies

[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Notices]
[Pages 330-331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28946]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-867]


Large Power Transformers From the Republic of Korea: Final 
Results of the Expedited Second Sunset Review of the Antidumping Duty 
Order

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

SUMMARY: As a result of this sunset review, the U.S. Department of 
Commerce (Commerce) finds that revocation of the antidumping duty (AD) 
order on large power transformers (LPTs) from the Republic of Korea 
(Korea) would be likely to lead to continuation or recurrence of 
dumping at the levels indicated in the ``Final Results of Sunset 
Reviews'' section of this notice.

DATES: Applicable January 3, 2024.

FOR FURTHER INFORMATION CONTACT: Natasia Harrison or Peter Farrell, 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) 482-1240 or (202) 
482-2104, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 1, 2023, Commerce published the notice of initiation 
of the second sunset review of the AD Order \1\ on LPTs from Korea, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act).\2\ On September 14, 2023, Commerce received a notice of intent to 
participate from Hitachi Energy USA, Inc., Prolec-GE Waukesha, Inc., 
Delta Star Inc., and Pennsylvania Transformer Technology, Inc. 
(collectively, the domestic interested parties), within the deadline 
specified in 19 CFR 351.218(d)(1)(i).\3\ The domestic interested 
parties claimed interested party status under section 771(9)(C) of the 
Act, as manufacturers of a domestic like product in the United States.
---------------------------------------------------------------------------

    \1\ See Large Power Transformers from the Republic of Korea: 
Antidumping Duty Order, 77 FR 53177 (August 31, 2012) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 60438 
(September 1, 2023).
    \3\ See Domestic Interested Parties' Letter, ``Large Power 
Transformers from Korea--Domestic Interested Parties' Notice of 
Intent to Participate,'' dated September 14, 2023.
---------------------------------------------------------------------------

    On September 29, 2023, we received a complete substantive response 
for this review from the domestic interested parties within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i).\4\ We received no 
substantive responses from respondent interested parties. As a result, 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) 
sunset review of the Order on LPTs from Korea.
---------------------------------------------------------------------------

    \4\ See Domestic Interested Parties' Letter, ``Large Power 
Transformers from the Republic of Korea--Five-Year (Sunset) Review 
of Antidumping Duty Order--Domestic Interested Parties' Substantive 
Response to Notice of Initiation,'' dated September 29, 2023.
---------------------------------------------------------------------------

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. For a complete 
description of the scope of the Order, see the Issues and Decision 
Memorandum.\5\
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Expedited Second Sunset Review of the Antidumping Duty Order on 
Large Power Transformers from the Republic of Korea,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in this review, including the likelihood of 
continuation or recurrence of dumping in the event of revocation and 
the magnitude of the margins likely to prevail if the Order were 
revoked, are addressed in the accompanying Issues and Decision 
Memorandum. 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. A 
complete version of the Issues and Decision Memorandum can be accessed 
directly on the internet at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1), and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the AD Order on LPTs from Korea 
would be likely to lead to continuation or recurrence of dumping, and 
that the magnitude of the dumping margins likely to prevail would be 
weighted-average dumping margins up to 29.04 percent.

Administrative Protective Orders

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or 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 violation subject 
to sanction.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.218.


[[Page 331]]


    Dated: December 27, 2023.
Abdelali Elouaradia,
Deputy 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. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margin Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2023-28946 Filed 1-2-24; 8:45 am]
BILLING CODE 3510-DS-P

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