Countervailing Duty Investigation of Grain-Oriented Electrical Steel From the People's Republic of China: Preliminary Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 13617-13619 [2014-05259]
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Federal Register / Vol. 79, No. 47 / Tuesday, March 11, 2014 / Notices
VII. Application of the Countervailing Duty
Law to Imports from the PRC
VIII. Subsidies Valuation
IX. Benchmarks and Discount Rates
X. Use of Facts Otherwise Available and
Adverse Inferences
XI. Critical Circumstances
XII. Analysis of Programs
XIII. ITC Notification
XIV. Disclosure and Public Comment
XV. Verification
XVI. Conclusion
[FR Doc. 2014–05241 Filed 3–10–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–011]
Certain Crystalline Silicon Photovoltaic
Products From the People’s Republic
of China: Postponement of Preliminary
Determination in the Countervailing
Duty Investigation
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Justin Neuman at (202) 482–0486 or
Milton Koch at (202) 482–2584, AD/
CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 22, 2014, the Department
of Commerce (the Department) initiated
the countervailing duty investigation of
certain crystalline silicon photovoltaic
products from the People’s Republic of
China (PRC).1 Currently, the
preliminary determination is due no
later than March 28, 2014.
emcdonald on DSK67QTVN1PROD with NOTICES
Postponement of Due Date for the
Preliminary Determination
Act allows the Department to postpone
making the preliminary determination
until no later than 130 days after the
date on which the administering
authority initiated the investigation.
The Department determines that the
parties involved in this proceeding are
cooperating, and that the investigation
is extraordinarily complicated.2
Specifically, the Department is
investigating numerous alleged subsidy
programs in the PRC; these programs
include preferential loans and directed
credit, debt forgiveness, grants, tax
incentives, export incentive programs,
and the provision of goods, services,
and land for less than adequate
remuneration. Due to the number and
complexity of the alleged
countervailable subsidy practices being
investigated, we determine that this
investigation is extraordinarily
complicated. Therefore, in accordance
with section 703(c)(1)(B) of the Act, we
are postponing the due date for the
preliminary determination to not later
than 130 days after the day on which
the investigation was initiated. Thus,
the deadline for completion of the
preliminary determinations is now June
1, 2014. Because the deadline falls on a
non-business day, in accordance with
the Department’s practice, the deadline
will become the next business day, June
2, 2014.3
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: March 5, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–05249 Filed 3–10–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–995]
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires the
Department to issue the preliminary
determination in a countervailing duty
investigation within 65 days after the
date on which the Department initiated
the investigation. However, if the
Department concludes that the parties
concerned in the investigation are
cooperating and determines that the
investigation is extraordinarily
complicated, section 703(c)(1)(B) of the
Countervailing Duty Investigation of
Grain-Oriented Electrical Steel From
the People’s Republic of China:
Preliminary Determination and
Alignment of Final Determination With
Final Antidumping Duty Determination
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
2 See
1 See
Certain Crystalline Silicon Photovoltaic
Products From the People’s Republic of China:
Initiation of Countervailing Duty Investigation, 79
FR 4667 (January 29, 2014).
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17:22 Mar 10, 2014
Jkt 232001
section 703(c)(1)(B) of the Act.
Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, as Amended, 70 FR 24533 (May 10, 2005).
3 See
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Frm 00008
Fmt 4703
Sfmt 4703
13617
The Department of Commerce
(the ‘‘Department’’) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of grainoriented electrical steel from the
People’s Republic of China (the
‘‘PRC’’).1 We invite interested parties to
comment on this preliminary
determination.
DATES: Effective Date: March 12, 2014.
FOR FURTHER INFORMATION CONTACT:
Yasmin Nair, David Cordell or Brian
Davis, AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone
202.482.3813, 202.482.0408 or
202.482.7924, respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Scope of the Investigation
The scope of this investigation covers
grain-oriented silicon electrical steel
(‘‘GOES’’). GOES is a flat-rolled alloy
steel product containing by weight at
least 0.6 percent but not more than 6
percent of silicon, not more than 0.08
percent of carbon, not more than 1.0
percent of aluminum, and no other
element in an amount that would give
the steel the characteristics of another
alloy steel, in coils or in straight lengths.
The GOES that is subject to this
investigation is currently classifiable
under subheadings 7225.11.0000,
7226.11.1000, 7226.11.9030, and
7226.11.9060 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
Methodology
The Department is conducting this
countervailing duty (‘‘CVD’’)
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (the ‘‘Act’’). For each of the
subsidy programs found
countervailable, we preliminarily
determine that there is a subsidy, i.e., a
financial contribution by an ‘‘authority’’
that gives rise to a benefit to the
recipient, and that the subsidy is
specific.2 For a full description of the
1 Due to the closure of the Federal Government on
March 3, 2014, Commerce reached this
determination on the next business day (i.e., March
4, 2014). See Notice of Clarification: Application of
‘‘Next Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
2 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
E:\FR\FM\11MRN1.SGM
Continued
11MRN1
13618
Federal Register / Vol. 79, No. 47 / Tuesday, March 11, 2014 / Notices
methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memo.3 The
Preliminary Decision Memo is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘IA ACCESS’’). IA ACCESS is available
to registered users at https://
iaaccess.trade.gov, and is available to all
parties in the Central Records Unit,
Room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memo can be accessed directly
at https://trade.gov/enforcement. The
signed Preliminary Decision Memo and
the electronic versions of the
Preliminary Decision Memo are
identical in content.
The Department notes that, in making
these findings, we relied, in part, on
facts available and, because one or more
respondents did not act to the best of
their ability to respond to the
Department’s requests for information,
we drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.4 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memo.
Alignment
As noted in the Preliminary Decision
Memo, in accordance with section
705(a)(1) of the Act and 19 CFR
351.210(b)(4), we are aligning the final
CVD determination in this investigation
with the final determination in the
companion antidumping duty (‘‘AD’’)
investigation of GOES from the PRC.
Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued no later than July
16, 2014, unless postponed.
emcdonald on DSK67QTVN1PROD with NOTICES
Preliminary Determination and
Suspension of Liquidation
In accordance with section
703(d)(1)(A)(i) of the Act, we calculated
an individual rate for each exporter/
producer of the subject merchandise
individually investigated. We
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
3 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Countervailing Duty Investigation of
Grain-Oriented Electrical Steel from the People’s
Republic of China: Decision Memorandum for the
Preliminary Determination,’’ dated concurrently
with this notice (‘‘Preliminary Decision Memo’’).
4 See sections 776(a) and (b) of the Act.
VerDate Mar<15>2010
17:22 Mar 10, 2014
Jkt 232001
preliminarily determine the
countervailable subsidy rates to be:
electronically using IA ACCESS. An
electronically filed document must be
received successfully in its entirety by
Subsidy rate
the Department’s electronic records
Exporter/Producer
%
system, IA ACCESS, by 5:00 p.m.
Eastern Standard Time, within 30 days
Baoshan Iron & Steel Co.,
Ltd. ....................................
49.15 after the date of publication of this
6
All-Others ..............................
49.15 notice. Requests should contain the
party’s name, address, and telephone
number; the number of participants; and
In accordance with sections
a list of the issues to be discussed. If a
703(d)(1)(B) and (2) of the Act, we are
request for a hearing is made, the
directing U.S. Customs and Border
Department intends to hold the hearing
Protection to suspend liquidation of all
at the U.S. Department of Commerce,
entries of GOES from the PRC that are
entered, or withdrawn from warehouse, 14th Street and Constitution Avenue
NW., Washington, DC 20230, at a date
for consumption on or after the date of
and time to be determined. Parties will
the publication of this notice in the
be notified of the date and time of any
Federal Register, and to require a cash
hearing.
deposit for such entries of merchandise
in the amounts indicated above.
International Trade Commission
In accordance with sections 703(d)
Notification
and 705(c)(5)(A) of the Act, for
In accordance with section 703(f) of
companies not investigated, we apply
the Act, we will notify the International
an ‘‘all-others’’ rate, which is normally
Trade Commission (‘‘ITC’’) of our
calculated by weight-averaging the
determination. In addition, we are
subsidy rates of the individual
making available to the ITC all noncompanies selected as respondents,
privileged and non-proprietary
excluding any zero or de minimis rates
information relating to this
and any rates calculated entirely under
investigation. We will allow the ITC
section 776 of the Act. Therefore, for
purposes of determining the ‘‘all others’’ access to all privileged and business
rate and pursuant to sections 703(d) and proprietary information in our files,
705(c)(5)(A) of the Act, we are using the provided the ITC confirms that it will
not disclose such information, either
subsidy rate calculated for Baoshan,
publicly or under an administrative
49.15 percent, for the ‘‘all others’’ rate,
protective order, without the written
as referenced above.
consent of the Assistant Secretary for
Disclosure and Public Comment
Enforcement and Compliance.
In accordance with section 705(b)(2)
The Department will disclose
of the Act, if our final determination is
calculations performed for this
preliminary determination to the parties affirmative, the ITC will make its final
determination within 45 days after the
within five days of the date of public
Department makes its final
announcement of this determination in
determination.
accordance with 19 CFR 351.224(b).
This determination is issued and
Case briefs or other written comments
published pursuant to sections 703(f)
for all non-scope issues may be
and 777(i) of the Act and 19 CFR
submitted to the Assistant Secretary for
351.205(c).
Enforcement and Compliance no later
than seven days after the date on which
Dated: March 4, 2014.
the final verification report is issued in
Paul Piquado,
this proceeding, and rebuttal briefs,
Assistant Secretary for Enforcement and
limited to issues raised in case briefs,
Compliance.
may be submitted no later than five days
Appendix
after the deadline date for case briefs.5
A table of contents, list of authorities
List of Topics Discussed in the
used and an executive summary of
Preliminary Decision Memo
issues should accompany any briefs
1. Scope Comments
submitted to the Department. This
2. Scope of the Investigation
summary should be limited to five pages 3. Alignment
total, including footnotes.
4. Respondent Selection
Interested parties who wish to request 5. Injury Test
a hearing, or to participate if one is
6. Application of the Countervailing
requested, must submit a written
Duty Law to Imports from the PRC
7. Subsidies Valuation
request to the Assistant Secretary for
8. Benchmarks and Discount Rates
Enforcement and Compliance, U.S.
9. Use of Facts Otherwise Available and
Department of Commerce, filed
Adverse Inferences
5 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
6 See
E:\FR\FM\11MRN1.SGM
19 CFR 351.310(c).
11MRN1
Federal Register / Vol. 79, No. 47 / Tuesday, March 11, 2014 / Notices
10. Analysis of Programs
11. Verification
[FR Doc. 2014–05259 Filed 3–10–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–307–824]
Ferrosilicon From Venezuela:
Preliminary Determination of Sales at
Less Than Fair Value and
Postponement of Final Determination
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) preliminarily
determines that ferrosilicon from
Venezuela is being, or is likely to be,
sold in the United States at less than fair
value (‘‘LTFV’’), as provided in section
733(b) of the Tariff Act of 1930, as
amended (‘‘the Act’’). The period of
investigation is July 1, 2012, through
June 30, 2013. The estimated weightedaverage dumping margins of sales at
LTFV are listed in the ‘‘Preliminary
Determination’’ section of this notice.
Interested Parties are invited to
comment on this preliminary
determination. Pursuant to requests
from interested parties, we are
postponing for 60 days the final
determination and extending
provisional measures from a four-month
period to not more than six months.
Accordingly, we intend to make our
final determination not later than 135
days after publication of this
preliminary determination in the
Federal Register.
DATES: Effective Date: March 11, 2014.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–2593.
SUPPLEMENTARY INFORMATION: On August
8, 2013, the Department initiated the
antidumping duty investigation on
ferrosilicon from Venezuela.1
emcdonald on DSK67QTVN1PROD with NOTICES
AGENCY:
Scope of the Investigation
The merchandise covered by this
investigation is all forms and sizes of
ferrosilicon, regardless of grade,
including ferrosilicon briquettes.
1 See Ferrosilicon From the Russian Federation
and Venezuela: Initiation of Antidumping Duty
Investigations, 78 FR 49471 (August 14, 2013).
VerDate Mar<15>2010
17:22 Mar 10, 2014
Jkt 232001
Ferrosilicon is a ferroalloy containing by
weight four percent or more iron, more
than eight percent but not more than 96
percent silicon, three percent or less
phosphorus, 30 percent or less
manganese, less than three percent
magnesium, and 10 percent or less any
other element. The merchandise
covered also includes product described
as slag, if the product meets these
specifications.
Ferrosilicon is currently classified
under U.S. Harmonized Tariff Schedule
(‘‘HTSUS’’) subheadings 7202.21.1000,
7202.21.5000, 7202.21.7500,
7202.21.9000, 7202.29.0010, and
7202.29.0050. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
is dispositive.
Postponement of the Preliminary
Determination
Based on a timely request from
Petitioners,2 on December 23, 2013, the
Department postponed the deadline for
the preliminary determination by 50
days to March 4, 2014, pursuant to
section 733(c)(1)(A) of the Act and 19
CFR 351.205(e).3 4
Methodology
The Department conducted this
investigation in accordance with section
731 of the Act. Constructed export
prices have been calculated in
accordance with section 772 of the Act.
Normal value has been calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum, which is hereby
adopted by this notice.5 The
2 Petitioners are Globe Specialty Metals, Inc.; CC
Metals and Alloys, LLC; the United Steel, Paper and
Forestry, Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers International Union;
and the International Union, United Automobile,
Aerospace and Agricultural Implement Workers of
America.
3 See Ferrosilicon From the Russian Federation
and Venezuela: Postponement of Preliminary
Determinations of Antidumping Duty
Investigations, 78 FR 77423 (December 23, 2013).
4 As explained in the memorandum from the
Assistant Secretary for Enforcement and
Compliance, the Department exercised its
discretion to toll deadlines for the duration of the
closure of the Federal Government from October 1,
through October 16, 2013. See Memorandum for the
Record from Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ‘‘Deadlines Affected
by the Shutdown of the Federal Government’’
(October 18, 2013). The tolled deadline for the
preliminary determination of this investigation was
January 13, 2014.
5 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations
‘‘Decision Memorandum for the Preliminary
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
13619
Preliminary Decision Memorandum is a
public document and is made available
to the public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov, and is available to all
parties in the Department’s Central
Records Unit, located at room 7046 of
the main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be found at https://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Determination
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Producer or Exporter
FerroAtlantica de Venezuela ......
All Others ....................................
Weightedaverage
margin
(percent)
27.27
27.27
Pursuant to section 735(c)(5)(A) of the
Act, the ‘‘All Others’’ rate is based on
the weighted-average dumping margin
calculated for FerroAtlantica de
Venezuela, the only company for which
the Department calculated a rate.
Disclosure and Public Comment
The Department will disclose the
calculations used in our analysis to
parties in this investigation within five
days of the date of publication of this
notice. Case briefs or other written
comments may be submitted to the
Assistant Secretary for Enforcement and
Compliance no later than seven days
after the date on which the final
verification report is issued in this
proceeding and rebuttal briefs, limited
to issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.6
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties, who wish to request
a hearing, or to participate if one is
Determination of the Antidumping Duty
Investigation of Ferrosilicon from Venezuela,’’
dated concurrently this notice (‘‘Preliminary
Decision Memorandum’’).
6 See 19 CFR 351.309(c) and (d).
E:\FR\FM\11MRN1.SGM
11MRN1
Agencies
[Federal Register Volume 79, Number 47 (Tuesday, March 11, 2014)]
[Notices]
[Pages 13617-13619]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05259]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-995]
Countervailing Duty Investigation of Grain-Oriented Electrical
Steel From the People's Republic of China: Preliminary Determination
and Alignment of Final Determination With Final Antidumping Duty
Determination
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of grain-oriented electrical steel from the
People's Republic of China (the ``PRC'').\1\ We invite interested
parties to comment on this preliminary determination.
---------------------------------------------------------------------------
\1\ Due to the closure of the Federal Government on March 3,
2014, Commerce reached this determination on the next business day
(i.e., March 4, 2014). See Notice of Clarification: Application of
``Next Business Day'' Rule for Administrative Determination
Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR
24533 (May 10, 2005).
---------------------------------------------------------------------------
DATES: Effective Date: March 12, 2014.
FOR FURTHER INFORMATION CONTACT: Yasmin Nair, David Cordell or Brian
Davis, AD/CVD Operations, Office VI, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone
202.482.3813, 202.482.0408 or 202.482.7924, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The scope of this investigation covers grain-oriented silicon
electrical steel (``GOES''). GOES is a flat-rolled alloy steel product
containing by weight at least 0.6 percent but not more than 6 percent
of silicon, not more than 0.08 percent of carbon, not more than 1.0
percent of aluminum, and no other element in an amount that would give
the steel the characteristics of another alloy steel, in coils or in
straight lengths. The GOES that is subject to this investigation is
currently classifiable under subheadings 7225.11.0000, 7226.11.1000,
7226.11.9030, and 7226.11.9060 of the Harmonized Tariff Schedule of the
United States (HTSUS). Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the scope
of this investigation is dispositive.
Methodology
The Department is conducting this countervailing duty (``CVD'')
investigation in accordance with section 701 of the Tariff Act of 1930,
as amended (the ``Act''). For each of the subsidy programs found
countervailable, we preliminarily determine that there is a subsidy,
i.e., a financial contribution by an ``authority'' that gives rise to a
benefit to the recipient, and that the subsidy is specific.\2\ For a
full description of the
[[Page 13618]]
methodology underlying our preliminary conclusions, see the Preliminary
Decision Memo.\3\ The Preliminary Decision Memo is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (``IA ACCESS''). IA ACCESS is available to registered users at
https://iaaccess.trade.gov, and is available to all parties in the
Central Records Unit, Room 7046 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memo can be accessed directly at https://trade.gov/enforcement. The
signed Preliminary Decision Memo and the electronic versions of the
Preliminary Decision Memo are identical in content.
---------------------------------------------------------------------------
\2\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
\3\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Countervailing Duty Investigation of Grain-Oriented Electrical
Steel from the People's Republic of China: Decision Memorandum for
the Preliminary Determination,'' dated concurrently with this notice
(``Preliminary Decision Memo'').
---------------------------------------------------------------------------
The Department notes that, in making these findings, we relied, in
part, on facts available and, because one or more respondents did not
act to the best of their ability to respond to the Department's
requests for information, we drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\4\
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Decision Memo.
---------------------------------------------------------------------------
\4\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memo, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning
the final CVD determination in this investigation with the final
determination in the companion antidumping duty (``AD'') investigation
of GOES from the PRC. Consequently, the final CVD determination will be
issued on the same date as the final AD determination, which is
currently scheduled to be issued no later than July 16, 2014, unless
postponed.
Preliminary Determination and Suspension of Liquidation
In accordance with section 703(d)(1)(A)(i) of the Act, we
calculated an individual rate for each exporter/producer of the subject
merchandise individually investigated. We preliminarily determine the
countervailable subsidy rates to be:
------------------------------------------------------------------------
Exporter/Producer Subsidy rate %
------------------------------------------------------------------------
Baoshan Iron & Steel Co., Ltd........................... 49.15
All-Others.............................................. 49.15
------------------------------------------------------------------------
In accordance with sections 703(d)(1)(B) and (2) of the Act, we are
directing U.S. Customs and Border Protection to suspend liquidation of
all entries of GOES from the PRC that are entered, or withdrawn from
warehouse, for consumption on or after the date of the publication of
this notice in the Federal Register, and to require a cash deposit for
such entries of merchandise in the amounts indicated above.
In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for
companies not investigated, we apply an ``all-others'' rate, which is
normally calculated by weight-averaging the subsidy rates of the
individual companies selected as respondents, excluding any zero or de
minimis rates and any rates calculated entirely under section 776 of
the Act. Therefore, for purposes of determining the ``all others'' rate
and pursuant to sections 703(d) and 705(c)(5)(A) of the Act, we are
using the subsidy rate calculated for Baoshan, 49.15 percent, for the
``all others'' rate, as referenced above.
Disclosure and Public Comment
The Department will disclose calculations performed for this
preliminary determination to the parties within five days of the date
of public announcement of this determination in accordance with 19 CFR
351.224(b). Case briefs or other written comments for all non-scope
issues may be submitted to the Assistant Secretary for Enforcement and
Compliance no later than seven days after the date on which the final
verification report is issued in this proceeding, and rebuttal briefs,
limited to issues raised in case briefs, may be submitted no later than
five days after the deadline date for case briefs.\5\ A table of
contents, list of authorities used and an executive summary of issues
should accompany any briefs submitted to the Department. This summary
should be limited to five pages total, including footnotes.
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\5\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically using IA ACCESS. An electronically filed document
must be received successfully in its entirety by the Department's
electronic records system, IA ACCESS, by 5:00 p.m. Eastern Standard
Time, within 30 days after the date of publication of this notice.\6\
Requests should contain the party's name, address, and telephone
number; the number of participants; and a list of the issues to be
discussed. If a request for a hearing is made, the Department intends
to hold the hearing at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, at a date and time to be
determined. Parties will be notified of the date and time of any
hearing.
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\6\ See 19 CFR 351.310(c).
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International Trade Commission Notification
In accordance with section 703(f) of the Act, we will notify the
International Trade Commission (``ITC'') of our determination. In
addition, we are making available to the ITC all non-privileged and
non-proprietary information relating to this investigation. We will
allow the ITC access to all privileged and business proprietary
information in our files, provided the ITC confirms that it will not
disclose such information, either publicly or under an administrative
protective order, without the written consent of the Assistant
Secretary for Enforcement and Compliance.
In accordance with section 705(b)(2) of the Act, if our final
determination is affirmative, the ITC will make its final determination
within 45 days after the Department makes its final determination.
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: March 4, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memo
1. Scope Comments
2. Scope of the Investigation
3. Alignment
4. Respondent Selection
5. Injury Test
6. Application of the Countervailing Duty Law to Imports from the PRC
7. Subsidies Valuation
8. Benchmarks and Discount Rates
9. Use of Facts Otherwise Available and Adverse Inferences
[[Page 13619]]
10. Analysis of Programs
11. Verification
[FR Doc. 2014-05259 Filed 3-10-14; 8:45 am]
BILLING CODE 3510-DS-P