Non-Oriented Electrical Steel from Taiwan: Preliminary Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Determination, 16290-16292 [2014-06587]

Download as PDF 16290 Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Notices imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: March 18, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Discussion of the Methodology a. Fair Value Comparisons b. Determination of Comparison Method c. Product Comparisons d. Export Price e. Normal Value 5. Currency Conversion 6. Recommendation [FR Doc. 2014–06559 Filed 3–24–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–583–852] Non-Oriented Electrical Steel from Taiwan: Preliminary Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Determination Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. AGENCY: The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of non-oriented electrical steel (NOES) from Taiwan. The period of investigation (POI) is January 1, 2012, through December 31, 2012. Interested parties are invited to emcdonald on DSK67QTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:16 Mar 24, 2014 Jkt 232001 comment on this preliminary determination.1 DATES: Effective Date: March 25, 2014. FOR FURTHER INFORMATION CONTACT: Patricia Tran and Christopher Hargett, Office III, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1503 and (202) 482–4161, respectively. SUPPLEMENTARY INFORMATION: Alignment of Final Countervailing Duty (CVD) Determination With Final Antidumping Duty (AD) Determination On the same day that the Department initiated this countervailing duty (CVD) investigation, the Department also initiated antidumping duty (AD) investigations of NOES from Germany, Japan, the People’s Republic of China (PRC), the Republic of Korea, Sweden, and Taiwan.2 The CVD investigation and the AD investigations cover the same merchandise. On March 11, 2014, in accordance with section 705(a)(1) of the Tariff Act of 1930, as amended (Act), alignment of the final CVD determination with the final AD determination of NOES from Taiwan was requested by the petitioner.3 Therefore, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning the final CVD determination with the final AD determination. 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 29, 2014, unless postponed. Scope of the Investigation The merchandise subject to this investigation consists of (NOES), which includes cold-rolled, flat-rolled, alloy steel products, whether or not in coils, 1 The deadline for the preliminary determination of this investigation was March 17, 2014. Due to the closure of the Federal Government in Washington, DC on March 17, 2014, the Department reached this determination on the next business day (i.e., March 18, 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 Non-Oriented Electrical Steel From the People’s Republic of China, the Republic of Korea, and Taiwan: Initiation of Countervailing Duty Investigations, 78 FR 68412 (November 14, 2013) and Non-Oriented Electrical Steel From the People’s Republic of China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan: Initiation of Antidumping Duty Investigations, 78 FR 69041 (November 18, 2013). 3 See Letter from Petitioner regarding ‘‘NonOriented Electrical Steel from Taiwan: Request to Align,’’ (March 11, 2014). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 regardless of width, having an actual thickness of 0.20 mm or more, in which the core loss is substantially equal in any direction of magnetization in the plane of the material. For a complete description of the scope of the investigation, see Appendix 1 to this notice. Methodology The Department is conducting this CVD investigation in accordance with section 701 of the Act. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum.4 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 (IA ACCESS). IA ACCESS is available to registered users at http:// 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 Memorandum can be accessed directly on the internet at http:// enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. For this preliminary determination, we have relied on facts available for Leicong Industrial Co., Ltd. (Leicong), a mandatory respondent, because the company did not act to the best of its ability and respond to the Department’s requests for information. Further, we have drawn an adverse inference in selecting from among the facts otherwise available to calculate the ad valorem rate for Leicong.5 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memorandum. The Department’s analysis of program usage by China Steel Corporation (CSC), a mandatory respondent, and its crossowned affiliates HiMag Magnetic Corporation (HIMAG), and China Steel Global Trading Corporation (CSGT) (collectively, CSC Companies), is also contained in the Preliminary Decision Memorandum. 4 See Memorandum from Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, regarding ‘‘Decision Memorandum for the Preliminary Determination in the Countervailing Duty Investigation Non-Oriented Electrical Steel from Taiwan,’’ dated concurrently with this notice (Preliminary Decision Memorandum). 5 See sections 776(a) and (b) of the Act. E:\FR\FM\25MRN1.SGM 25MRN1 16291 Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Notices Preliminary Determination and Suspension of Liquidation In accordance with section 703(d)(1)(A)(i) of the Act, we calculated a CVD rate for each individually investigated producer/exporter of the subject merchandise. For companies not individually investigated, we calculated an all others rate as described in the Preliminary Decision Memorandum. We preliminarily determine the countervailable subsidy rates to be: Company Subsidy rate emcdonald on DSK67QTVN1PROD with NOTICES China Steel Corporation (CSC), HiMag Magnetic Corporation (HIMAG), and China Steel Global Trading Corporation (CSGT) (collectively, CSC Companies). Leicong Industrial Co., Ltd. (Leicong) ............................................................................................................................ All Others ........................................................................................................................................................................ With the exception of entries from the CSC Companies, in accordance with sections 703(d)(1)(B) and (2) of the Act, we are directing U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of NOES from Taiwan 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 the merchandise in the amounts indicated above. Because we preliminarily determine that the CVD rate in this investigation for the CSC Companies is de minimis, we will not direct CBP to suspend liquidation of the CSC Companies’ entries of the subject merchandise from Taiwan. In accordance with sections 703(d) and 705(c)(5)(A)(i) of the Act, for companies not investigated, we apply an ‘‘all-others’’ rate equal to the weighted average countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 of the Act. As indicated above, for this preliminary determination, we have calculated a de minimis countervailable subsidy rate for the CSC Companies and a countervailable subsidy rate for Leicong based entirely on adverse facts available (AFA) as provided under section 776(b) of the Act. Where the rates for the investigated companies are all zero or de minimis or based entirely on AFA, section 705(c)(5)(A)(ii) of the Act instructs the Department to establish an all-others rate using ‘‘any reasonable method.’’ We preliminarily determine that a reasonable method for establishing the all-other rate is to calculate a simple average of the de minimis net subsidy rate calculated for the CSC companies and the total AFA rate assigned to Leicong. submitted by the respondents prior to making our final determination. Disclosure and Public Comment The Department intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of public announcement of this determination.6 Interested parties may submit case and rebuttals briefs, as well as request a hearing.7 For a schedule of the deadlines for filing case briefs, rebuttal briefs, and hearing request, see the Preliminary Determination Memorandum. 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 nonprivileged 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). Verification As provided in section 782(i)(1) of the Act, we intend to verify the information VerDate Mar<15>2010 18:16 Mar 24, 2014 Jkt 232001 6 See 7 See PO 00000 19 CFR 351.224(b). 19 CFR 351.309, 19 CFR 351.310. Frm 00016 Fmt 4703 Sfmt 4703 0.15 percent (de minimis). 12.82 percent. 6.41 percent. Dated: March 18, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix 1 Scope of the Investigation The merchandise subject to this investigation consists of non-oriented electrical steel (NOES), which includes coldrolled, flat-rolled, alloy steel products, whether or not in coils, regardless of width, having an actual thickness of 0.20 mm or more, in which the core loss is substantially equal in any direction of magnetization in the plane of the material. The term ‘‘substantially equal’’ in the prior sentence means that the cross grain direction of core loss is no more than 1.5 times the straight grain direction (i.e., the rolling direction) of core loss. NOES has a magnetic permeability that does not exceed 1.65 Tesla when tested at a field of 800 A/m (equivalent to 10 Oesteds) along (i.e., parallel to) the rolling direction of the sheet (i.e., B800 value). NOES contains by weight at least 1.25 percent of silicon but less than 3.5 percent of silicon, not more than 0.08 percent of carbon, and not more than 1.5 percent of aluminum. NOES is subject to this investigation whether it is fully processed (fully annealed to develop final magnetic properties) or semiprocessed (finished to final thickness and physical form but not fully annealed to develop final magnetic properties); whether or not it is coated (e.g., with enamel, varnish, natural oxide surface, chemically treated or phosphate surface, or other non-metallic materials). Fully processed NOES is typically made to the requirements of ASTM specification A 677, Japanese Industrial Standards (JIS) specification C 2552, and/or International Electrotechnical Commission (IEC) specification 60404–8–4. Semiprocessed NOES is typically made to the requirements of ASTM specification A 683. However, the scope of this investigation is not limited to merchandise meeting the specifications noted above. NOES is sometimes referred to as coldrolled non-oriented electrical steel (CRNO), non-grain oriented (NGO), non-oriented (NO), or cold-rolled non-grain oriented (CRNGO). These terms are interchangeable. The subject merchandise is provided for in subheadings 7225.19.0000, 7226.19.1000, and 7226.19.9000 of the Harmonized Tariff Schedule of the United States (HTSUS). Subject merchandise may also be entered under subheadings 7225.50.8085, 7225.99.0090, 7226.92.5000, 7226.92.7050, E:\FR\FM\25MRN1.SGM 25MRN1 16292 Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Notices 7226.92.8050, 7226.99.0180 of the HTSUS. Although HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope is dispositive. Appendix 2 List of Topics Discussed in the Preliminary Decision Memorandum 1. Scope Comments 2. Scope of the Investigation 3. Injury Test 4. Subsidies Valuation 5. Use of Facts Otherwise Available and Adverse Inferences 6. Analysis of Programs 7. Calculation of the All Others Rate 8. Disclosure and Public Comment 9. Verification [FR Doc. 2014–06587 Filed 3–24–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–886] Polyethylene Retail Carrier Bags From the People’s Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that imports of unfinished polyethylene retail carrier bags (PRCBs) from the People’s Republic of China (PRC) are circumventing the antidumping duty order on PRCBs from the PRC.1 DATES: Effective Date: March 25, 2014 FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Minoo Hatten, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC, 20230; telephone: (202) 482–0410, and (202)482–1690, respectively. AGENCY: emcdonald on DSK67QTVN1PROD with NOTICES Background We published the affirmative preliminary determination on December 17, 2013, finding that imports of unfinished PRCBs from the PRC are circumventing the Order, pursuant to section 781(a) of the Act and 19 CFR 351.225(g).2 In the Preliminary 1 See Antidumping Duty Order: Polyethylene Retail Carrier Bags From the People’s Republic of China, 69 FR 48201 (August 9, 2004) (Order). 2 See Polyethylene Retail Carrier Bags From the People’s Republic of China: Affirmative Preliminary VerDate Mar<15>2010 18:16 Mar 24, 2014 Jkt 232001 Determination, we relied on the facts available with respect to certain aspects of our determination in accordance with section 776 of the Act because, apart from the petitioners, no parties came forward or submitted argument or information.3 In addition, we stated in the Preliminary Determination that ‘‘{i}n the interest of affording every possible opportunity to interested parties to participate, the Department continues to invite all interested parties to identify themselves and to provide information and argument that may inform the Department’s determination’’ 4 as well as comment on the Preliminary Determination. However, no interested party such as a foreign exporter or producer or U.S. importer responded to these invitations to participate in this circumvention inquiry. We also invited interested parties to comment on the Preliminary Determination. We received no comments. Scope of the Order Imports of the subject merchandise are currently classifiable under statistical category 3923.21.0085 of the Harmonized Tariff Schedule of the United States (HTSUS). This subheading also covers products that are outside the scope of the order. Furthermore, although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of the order is dispositive. Scope of the Circumvention Inquiry This circumvention inquiry covers merchandise from the PRC that appears to be an unfinished PRCB which is sealed on all four sides, cut to length, and which appears ready to undergo the final step in the production process, i.e., to use a die press to stamp out the opening and create the handles of a PRCB. The unfinished PRCBs subject to this inquiry may or may not have printing and may be of different dimensions as long as they meet the description of the scope of the order. Final Determination The merchandise subject to the Order is PRCBs which may be referred to as tshirt sacks, merchandise bags, grocery bags, or checkout bags. The subject merchandise is defined as non-sealable sacks and bags with handles (including drawstrings), without zippers or integral extruded closures, with or without gussets, with or without printing, of polyethylene film having a thickness no greater than 0.035 inch (0.889 mm) and no less than 0.00035 inch (0.00889 mm), and with no length or width shorter than 6 inches (15.24 cm) or longer than 40 inches (101.6 cm). The depth of the bag may be shorter than 6 inches but not longer than 40 inches (101.6 cm). PRCBs are typically provided without any consumer packaging and free of charge by retail establishments, e.g., grocery, drug, convenience, department, specialty retail, discount stores, and restaurants, to their customers to package and carry their purchased products. The scope of the order excludes (1) polyethylene bags that are not printed with logos or store names and that are closeable with drawstrings made of polyethylene film and (2) polyethylene bags that are packed in consumer packaging with printing that refers to specific end-uses other than packaging and carrying merchandise from retail establishments, e.g., garbage bags, lawn bags, trash-can liners. In the Preliminary Determination, we determined that imports of unfinished PRCBs from the PRC are circumventing the Order. Specifically, we determined that imports of unfinished PRCBs from the PRC are being completed and sold in the United States pursuant to the statutory and regulatory criteria laid out in section 781(a) of the Act and 19 CFR 351.225(g). We based our Preliminary Determination upon evidence which the petitioners placed on the record of the proceeding, and, in addition, we relied on the facts available with respect to certain aspects of our determination in accordance with section 776 of the Act because, apart from the petitioners, no parties came forward or submitted argument or information. For a complete discussion of the evidence which led to our preliminary determination with respect to each of these factors, see the Preliminary Determination Memorandum.5 Because no party provided any additional information or comment contradicting our Preliminary Determination, our final determination remains unchanged from the Preliminary Determination. Accordingly, we determine, pursuant to section 781(a) of the Act and 19 CFR 351.225(g), that imports of unfinished Determination of Circumvention of the Antidumping Duty Order, 78 FR 76280 (December 17, 2013) (Preliminary Determination). 3 Id., 78 FR at 76281. 4 Id. 5 See Memorandum from Gary Taverman to Paul Piquado, ‘‘Preliminary Analysis Memorandum for the Circumvention Inquiry of the Antidumping Duty Order on Polyethylene Retail Carrier Bags from the People’s Republic of China’’ (December 10, 2013) (Preliminary Determination Memorandum). PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\25MRN1.SGM 25MRN1

Agencies

[Federal Register Volume 79, Number 57 (Tuesday, March 25, 2014)]
[Notices]
[Pages 16290-16292]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06587]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-583-852]


Non-Oriented Electrical Steel from Taiwan: Preliminary 
Countervailing Duty Determination and Alignment of Final Determination 
With Final Antidumping 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 non-oriented electrical steel (NOES) from 
Taiwan. The period of investigation (POI) is January 1, 2012, through 
December 31, 2012. Interested parties are invited to comment on this 
preliminary determination.\1\
---------------------------------------------------------------------------

    \1\ The deadline for the preliminary determination of this 
investigation was March 17, 2014. Due to the closure of the Federal 
Government in Washington, DC on March 17, 2014, the Department 
reached this determination on the next business day (i.e., March 18, 
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 25, 2014.

FOR FURTHER INFORMATION CONTACT: Patricia Tran and Christopher Hargett, 
Office III, AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-1503 and (202) 482-4161, respectively.

SUPPLEMENTARY INFORMATION:

Alignment of Final Countervailing Duty (CVD) Determination With Final 
Antidumping Duty (AD) Determination

    On the same day that the Department initiated this countervailing 
duty (CVD) investigation, the Department also initiated antidumping 
duty (AD) investigations of NOES from Germany, Japan, the People's 
Republic of China (PRC), the Republic of Korea, Sweden, and Taiwan.\2\ 
The CVD investigation and the AD investigations cover the same 
merchandise. On March 11, 2014, in accordance with section 705(a)(1) of 
the Tariff Act of 1930, as amended (Act), alignment of the final CVD 
determination with the final AD determination of NOES from Taiwan was 
requested by the petitioner.\3\ Therefore, in accordance with section 
705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning the 
final CVD determination with the final AD determination. 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 29, 2014, unless postponed.
---------------------------------------------------------------------------

    \2\ See Non-Oriented Electrical Steel From the People's Republic 
of China, the Republic of Korea, and Taiwan: Initiation of 
Countervailing Duty Investigations, 78 FR 68412 (November 14, 2013) 
and Non-Oriented Electrical Steel From the People's Republic of 
China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan: 
Initiation of Antidumping Duty Investigations, 78 FR 69041 (November 
18, 2013).
    \3\ See Letter from Petitioner regarding ``Non-Oriented 
Electrical Steel from Taiwan: Request to Align,'' (March 11, 2014).
---------------------------------------------------------------------------

Scope of the Investigation

    The merchandise subject to this investigation consists of (NOES), 
which includes cold-rolled, flat-rolled, alloy steel products, whether 
or not in coils, regardless of width, having an actual thickness of 
0.20 mm or more, in which the core loss is substantially equal in any 
direction of magnetization in the plane of the material. For a complete 
description of the scope of the investigation, see Appendix 1 to this 
notice.

Methodology

    The Department is conducting this CVD investigation in accordance 
with section 701 of the Act. For a full description of the methodology 
underlying our preliminary conclusions, see the Preliminary Decision 
Memorandum.\4\ 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 (IA ACCESS). IA ACCESS is available to registered users at 
http://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 
Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \4\ See Memorandum from Gary Taverman, Senior Advisor for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, regarding 
``Decision Memorandum for the Preliminary Determination in the 
Countervailing Duty Investigation Non-Oriented Electrical Steel from 
Taiwan,'' dated concurrently with this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

    For this preliminary determination, we have relied on facts 
available for Leicong Industrial Co., Ltd. (Leicong), a mandatory 
respondent, because the company did not act to the best of its ability 
and respond to the Department's requests for information. Further, we 
have drawn an adverse inference in selecting from among the facts 
otherwise available to calculate the ad valorem rate for Leicong.\5\ 
For further information, see ``Use of Facts Otherwise Available and 
Adverse Inferences'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \5\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

    The Department's analysis of program usage by China Steel 
Corporation (CSC), a mandatory respondent, and its cross-owned 
affiliates HiMag Magnetic Corporation (HIMAG), and China Steel Global 
Trading Corporation (CSGT) (collectively, CSC Companies), is also 
contained in the Preliminary Decision Memorandum.

[[Page 16291]]

Preliminary Determination and Suspension of Liquidation

    In accordance with section 703(d)(1)(A)(i) of the Act, we 
calculated a CVD rate for each individually investigated producer/
exporter of the subject merchandise. For companies not individually 
investigated, we calculated an all others rate as described in the 
Preliminary Decision Memorandum.
    We preliminarily determine the countervailable subsidy rates to be:

----------------------------------------------------------------------------------------------------------------
                             Company                                               Subsidy rate
----------------------------------------------------------------------------------------------------------------
China Steel Corporation (CSC), HiMag Magnetic Corporation         0.15 percent (de minimis).
 (HIMAG), and China Steel Global Trading Corporation (CSGT)
 (collectively, CSC Companies).
Leicong Industrial Co., Ltd. (Leicong)..........................  12.82 percent.
All Others......................................................  6.41 percent.
----------------------------------------------------------------------------------------------------------------

    With the exception of entries from the CSC Companies, in accordance 
with sections 703(d)(1)(B) and (2) of the Act, we are directing U.S. 
Customs and Border Protection (CBP) to suspend liquidation of all 
entries of NOES from Taiwan 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 the merchandise in the amounts indicated above. Because 
we preliminarily determine that the CVD rate in this investigation for 
the CSC Companies is de minimis, we will not direct CBP to suspend 
liquidation of the CSC Companies' entries of the subject merchandise 
from Taiwan.
    In accordance with sections 703(d) and 705(c)(5)(A)(i) of the Act, 
for companies not investigated, we apply an ``all-others'' rate equal 
to the weighted average countervailable subsidy rates established for 
exporters and producers individually investigated, excluding any zero 
and de minimis countervailable subsidy rates, and any rates determined 
entirely under section 776 of the Act. As indicated above, for this 
preliminary determination, we have calculated a de minimis 
countervailable subsidy rate for the CSC Companies and a 
countervailable subsidy rate for Leicong based entirely on adverse 
facts available (AFA) as provided under section 776(b) of the Act. 
Where the rates for the investigated companies are all zero or de 
minimis or based entirely on AFA, section 705(c)(5)(A)(ii) of the Act 
instructs the Department to establish an all-others rate using ``any 
reasonable method.'' We preliminarily determine that a reasonable 
method for establishing the all-other rate is to calculate a simple 
average of the de minimis net subsidy rate calculated for the CSC 
companies and the total AFA rate assigned to Leicong.

Verification

    As provided in section 782(i)(1) of the Act, we intend to verify 
the information submitted by the respondents prior to making our final 
determination.

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with this preliminary 
determination within five days of public announcement of this 
determination.\6\ Interested parties may submit case and rebuttals 
briefs, as well as request a hearing.\7\ For a schedule of the 
deadlines for filing case briefs, rebuttal briefs, and hearing request, 
see the Preliminary Determination Memorandum.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.224(b).
    \7\ See 19 CFR 351.309, 19 CFR 351.310.
---------------------------------------------------------------------------

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 18, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix 1

Scope of the Investigation

    The merchandise subject to this investigation consists of non-
oriented electrical steel (NOES), which includes cold-rolled, flat-
rolled, alloy steel products, whether or not in coils, regardless of 
width, having an actual thickness of 0.20 mm or more, in which the 
core loss is substantially equal in any direction of magnetization 
in the plane of the material. The term ``substantially equal'' in 
the prior sentence means that the cross grain direction of core loss 
is no more than 1.5 times the straight grain direction (i.e., the 
rolling direction) of core loss. NOES has a magnetic permeability 
that does not exceed 1.65 Tesla when tested at a field of 800 A/m 
(equivalent to 10 Oesteds) along (i.e., parallel to) the rolling 
direction of the sheet (i.e., B800 value). NOES contains 
by weight at least 1.25 percent of silicon but less than 3.5 percent 
of silicon, not more than 0.08 percent of carbon, and not more than 
1.5 percent of aluminum.
    NOES is subject to this investigation whether it is fully 
processed (fully annealed to develop final magnetic properties) or 
semi-processed (finished to final thickness and physical form but 
not fully annealed to develop final magnetic properties); whether or 
not it is coated (e.g., with enamel, varnish, natural oxide surface, 
chemically treated or phosphate surface, or other non-metallic 
materials). Fully processed NOES is typically made to the 
requirements of ASTM specification A 677, Japanese Industrial 
Standards (JIS) specification C 2552, and/or International 
Electrotechnical Commission (IEC) specification 60404-8-4. Semi-
processed NOES is typically made to the requirements of ASTM 
specification A 683. However, the scope of this investigation is not 
limited to merchandise meeting the specifications noted above.
    NOES is sometimes referred to as cold-rolled non-oriented 
electrical steel (CRNO), non-grain oriented (NGO), non-oriented 
(NO), or cold-rolled non-grain oriented (CRNGO). These terms are 
interchangeable.
    The subject merchandise is provided for in subheadings 
7225.19.0000, 7226.19.1000, and 7226.19.9000 of the Harmonized 
Tariff Schedule of the United States (HTSUS). Subject merchandise 
may also be entered under subheadings 7225.50.8085, 7225.99.0090, 
7226.92.5000, 7226.92.7050,

[[Page 16292]]

7226.92.8050, 7226.99.0180 of the HTSUS. Although HTSUS subheadings 
are provided for convenience and customs purposes, the written 
description of the scope is dispositive.

Appendix 2

List of Topics Discussed in the Preliminary Decision Memorandum

1. Scope Comments
2. Scope of the Investigation
3. Injury Test
4. Subsidies Valuation
5. Use of Facts Otherwise Available and Adverse Inferences
6. Analysis of Programs
7. Calculation of the All Others Rate
8. Disclosure and Public Comment
9. Verification

[FR Doc. 2014-06587 Filed 3-24-14; 8:45 am]
BILLING CODE 3510-DS-P