[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\
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\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.
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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.
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\4\ See ABB INC. v. United States, Slip Op. 17-138 (CIT, October
10, 2017) (Remand Order).
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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\
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\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 http://enforcement.trade.gov/remands/17-138.pdf).
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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)).
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\6\ See ABB, INC. v. United States, Court No. 16-00054, Slip Op.
18-156 (CIT 2018).
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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 (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.
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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, 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:
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Weighted- average
Producer/exporter margin (percent)
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Hyosung Corporation.................................. 8.74
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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, 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.
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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; 2016-2017, 84 FR 16461 (April 19, 2019).
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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.
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