[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Notices]
[Pages 51395-51396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24072]



[[Page 51395]]

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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: On October 10, 2017, the Court of International Trade (CIT or 
Court) sustained the final remand results pertaining to the 
administrative review of the antidumping duty order on large power 
transformers (LPTs) from the Republic of Korea (Korea) covering the 
period February 16, 2012, through July 31, 2013. The Department of 
Commerce (the Department) is notifying the public that the final 
judgment in this case is not in harmony with the final results, notice 
of amended final results, and notice of second amended final results of 
the administrative review and that the Department is amending the 
second amended final results with respect to the dumping margins 
assigned to Hyosung Corporation (Hyosung), Hyundai Heavy Industries 
Co., Ltd. (Hyundai), and the companies not selected for individual 
examination (ILJIN, ILJIN Electric Co., Ltd., and LSIS Co., Ltd.).

DATES: Applicable October 20, 2017.

FOR FURTHER INFORMATION CONTACT: Moses Song, 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) 482-5041.

SUPPLEMENTARY INFORMATION: 

Background

    On March 31, 2015, the Department issued the Final Results.\1\ On 
May 6, 2015, in response to ministerial error allegations, the 
Department issued the First Amended Final Results and on June 22, 2015, 
the Second Amended Final Results.\2\ Hyosung and Hyundai are Korean 
producers/exporters of LPTs and were mandatory respondents in the 
underlying administrative review. In the Second Amended Final Results, 
the Department assigned dumping margins of 8.23 percent and 12.36 
percent to Hyosung and Hyundai, respectively.
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    \1\ See Large Power Transformers from the Republic of Korea: 
Final Results of Antidumping Duty Administrative Review; 2012-2013, 
80 FR 17034 (March 31, 2015) (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; 
2012-2013, 80 FR 26001 (May 6, 2015) (First Amended Final Results) 
and accompanying Decision Memorandum and Large Power Transformers 
from the Republic of Korea: Second Amended Final Results of 
Antidumping Duty Administrative Review; 2012-2013, 80 FR 35628 (June 
22, 2015) (Second Amended Final Results) and accompanying Decision 
Memorandum, respectively.
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    On October 7, 2016, the CIT remanded various aspects of the Second 
Final Results to the Department.\3\ Specifically, the Court instructed 
the Department to further address a sequencing issue regarding certain 
of Hyundai's U.S. sales documents on the record. The Court also 
directed the Department to further explain: (1) Its treatment of the 
U.S. commissions of Hyosung and Hyundai; (2) the record basis for such 
treatment; (3) whether such U.S. commissions resulted in the granting 
of commission offsets, and (4) the legal and factual basis for the 
granting or denial of the commission offsets.\4\
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    \3\ See ABB INC. v. United States, Slip Op. 16-95 (CIT, October 
7, 2016) (Remand Order).
    \4\ Id.
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    Pursuant to the Remand Order, the Department issued its Final 
Redetermination, which addressed the Court's holdings and revised the 
weighted-average dumping margins for Hyosung and Hyundai to 9.09 
percent and 13.82 percent, respectively, and the rate assigned to the 
companies not selected for individual examination to 11.73 percent.\5\ 
On October 10, 2017, the CIT sustained in whole the Department's Final 
Redetermination.\6\
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    \5\ See Department Memorandum, ``Final Results of 
Redetermination Pursuant to Court Remand ABB INC. v. United States 
Court No. 15-00108, Slip-Op. 16-95 (CIT October 7, 2016),'' February 
2, 2017 (Final Redetermination) (available at http://enforcement.trade.gov/remands/16-95.pdf).
    \6\ See ABB, INC. v. United States, Court No. 15-00108, Slip Op. 
17-137 (CIT 2017).
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Timken Notice

    In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\ 
the United States Court of Appeals for the Federal Circuit held that, 
pursuant to sections 516A(c) and (e) of the Act, the Department must 
publish a notice of a court decision that is not ``in harmony'' with a 
Department determination and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The CIT's October 10, 2017, 
final judgment sustaining the Department's Final Redetermination 
constitutes a final decision of the Court that is not in harmony with 
the Second Amended Final Results. This notice is published in 
fulfillment of the publication requirements of Timken. Accordingly, the 
Department 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.
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    \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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Amended Final Results

    Because there is now a final court decision, the Department is 
amending the Second Amended Final Results with respect to the dumping 
margins calculated for Hyosung, Hyundai, and the companies not selected 
for individual examination. Based on the Final Redetermination, as 
affirmed by the CIT, the revised dumping margins for Hyosung, Hyundai, 
and the companies not selected for individual examination from February 
16, 2012, through July 31, 2013, are as follows:

------------------------------------------------------------------------
                                                             Weighted-
                    Producer/exporter                     average margin
                                                             (percent)
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Hyosung Corporation.....................................            9.09
Hyundai Heavy Industries Co., Ltd.......................           13.82
ILJIN Electric Co., Ltd.................................           11.73
ILJIN...................................................           11.73
LSIS Co., Ltd...........................................           11.73
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    In the event that the CIT's rulings are not appealed or, if 
appealed, are upheld by a final and conclusive court decision, the 
Department 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 Second Amended Final Results, the Department has 
established new cash deposit rates for the companies listed above.\9\ 
Therefore, this Final Redetermination, and as affirmed by the Court, 
does not change the later-established cash deposit rates for the 
companies listed above.
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    \9\ See, e.g., Large Power Transformers from the Republic of 
Korea: Amended Final Results of Antidumping Duty Administrative Duty 
Administrative Review; 2013-2014, 81 FR 27088 (May 5, 2016).
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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.


[[Page 51396]]


     Dated: October 31, 2017.
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. 2017-24072 Filed 11-3-17; 8:45 am]
 BILLING CODE 3510-DS-P