Non-Oriented Electrical Steel From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination, 16293-16295 [2014-06588]

Download as PDF Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Notices PRCBs from the PRC are circumventing the Order. Continuation of Suspension of Liquidation As a result of this determination, and consistent with 19 CFR 351.225(l)(3), we are continuing to direct Customs and Border Protection to suspend liquidation and to require a cash deposit of estimated duties at the applicable rate on unliquidated entries of merchandise subject to this inquiry that are entered, or withdrawn from warehouse, for consumption on or after May 14, 2013, the date of publication of the initiation of this inquiry.6 Notification to Interested Parties This notice serves as the only reminder to parties subject to the 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 written 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 which is subject to sanction. This determination of circumvention is in accordance with section 781(a) of the Act and 19 CFR 351.225(g). Dated: March 19, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–06567 Filed 3–24–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–997] Non-Oriented Electrical Steel From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination 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 emcdonald on DSK67QTVN1PROD with NOTICES AGENCY: 6 See Initiation Notice. VerDate Mar<15>2010 18:16 Mar 24, 2014 Jkt 232001 producers/exporters of non-oriented electrical steel (NOES) from the People’s Republic of China (PRC). The Department also preliminarily determines critical circumstances exist for imports of the subject merchandise from the PRC. The period of investigation is January 1, 2012, through December 31, 2012. Interested parties are invited to comment on this preliminary determination. DATES: Effective Date: March 25, 2014. FOR FURTHER INFORMATION CONTACT: Joshua Morris or Thomas Schauer, 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) 482–1779 and (202) 482–0410, respectively. SUPPLEMENTARY INFORMATION: Alignment of Final Countervailing Duty (CVD) Determination With Final Antidumping Duty (AD) Determination On the same day the Department initiated this CVD investigation, the Department also initiated AD investigations of NOES from the PRC and several other countries.1 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 (the Act), alignment of the final CVD determination with the final AD determination of NOES from the PRC was requested by AK Steel Corporation (Petitioner). 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, 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 1 See 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). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 16293 investigation, see Appendix 1 to this notice. Critical Circumstances On February 25, 2014, Petitioner alleged that critical circumstances exist with respect to imports of NOES from the PRC. In accordance with 19 CFR 351.206(c)(2)(i), because Petitioner submitted a critical circumstances allegation more than 20 days before the scheduled date of the preliminary determination, the Department must issue a preliminary critical circumstances determination not later than the date of the preliminary determination.2 In accordance with section 703(e)(1) of the Act, we preliminarily find critical circumstances exist with respect to Baoshan Iron & Steel Co., Ltd. (Baoshan) and all other producers/exporters. For a full discussion of our preliminary critical circumstances determination, see the ‘‘Critical Circumstances’’ section of the Preliminary Decision Memorandum.3 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:// www.trade.gov/enforcement/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Methodology The Department is conducting this countervailing duty 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. For this preliminary determination, we have relied on facts available for the 2 See, e.g., Change in Policy Regarding Timing of Issuance of Critical Circumstances Determinations, 63 FR 55364 (October 15, 1998). 3 See Memorandum from Christian Marsh, Deputy Assistant Secretary 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 of Non-Oriented Electrical Steel from the People’s Republic of China’’ dated concurrently with this notice (Preliminary Decision Memorandum). E:\FR\FM\25MRN1.SGM 25MRN1 16294 Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Notices emcdonald on DSK67QTVN1PROD with NOTICES Government of the PRC and for Baoshan, the only mandatory companyrespondent, because they did not act to the best of their abilities 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 Baoshan.4 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memorandum. for consumption on or after the date 90 days prior to the date of publication of this notice in the Federal Register, and to require a cash deposit for such entries. Disclosure and Public Comment Because the Department has reached its conclusions on the basis of adverse facts available, the calculations performed in connection with this preliminary determination are not proprietary in nature, and are described in the Preliminary Decision Preliminary Determination and Memorandum. Case briefs or other Suspension of Liquidation written comments for all non-scope issues may be submitted to IA ACCESS In accordance with section 703(d)(1)(A)(i) of the Act, we calculated no later than 30 days after the publication of this preliminary a countervailing duty rate for the determination in the Federal Register, individually investigated producer/ and rebuttal briefs, limited to issues exporter of the subject merchandise, raised in case briefs, may be submitted Baoshan. no later than five days after the deadline With respect to the all-others rate, date for case briefs.6 Case briefs or other section 705(c)(5)(A)(ii) of the Act written comments on scope issues may provides that if the countervailable be submitted no later than 30 days after subsidy rates established for all the publication of this preliminary exporters and producers individually determination in the Federal Register, investigated are determined entirely in and rebuttal briefs, limited to issues accordance with section 776 of the Act, the Department may use any reasonable raised in the case briefs, may be method to establish an all-others rate for submitted no later than five days after the deadline for the case briefs. For any exporters and producers not briefs filed on scope issues, parties must individually investigated. In this case, file separate and identical documents on the rate calculated for the investigated each of the records for all of the company is based entirely on facts concurrent antidumping and available under section 776 of the Act. countervailing duty investigations. There is no other information on the Interested parties who wish to request record upon which to determine an alla hearing, or to participate if one is others rate. As a result, we have used the adverse facts available rate assigned requested, must do so in writing within 30 days after the publication of this for Baoshan as the all-others rate. This preliminary determination in the method is consistent with the Federal Register.7 Requests should Department’s past practice.5 contain the party’s name, address, and We preliminarily determine the telephone number; the number of countervailable subsidy rates to be: participants; and a list of the issues to Subsidy be discussed. If a request for a hearing Company rate is made, the Department intends to hold (percent) the hearing at the U.S. Department of Baoshan Iron & Steel Co., Ltd. .... 125.83 Commerce, 14th Street and Constitution All Others ...................................... 125.83 Avenue NW., Washington, DC 20230, at a date, time and location to be As noted above, the Department determined. Parties will be notified of found that critical circumstances exist the date, time and location of any with respect to all companies. hearing. Therefore, in accordance with sections U.S. International Trade Commission 703(e)(2) of the Act, we are directing (ITC) Notification U.S. Customs and Border Protection In accordance with section 703(f) of (CBP) to suspend liquidation of all the Act, we will notify the ITC of our entries of NOES from the PRC that are entered, or withdrawn from warehouse, determination. In addition, we are making available to the ITC all non4 See sections 776(a) and (b) of the Act. privileged and non-proprietary 5 See, e.g., Final Affirmative Countervailing Duty information relating to this Determination: Certain Hot-Rolled Carbon Steel Flat investigation. We will allow the ITC Products From Argentina, 66 FR 37007, 37008 (July access to all privileged and business 16, 2001); see also Final Affirmative Countervailing Duty Determination: Prestressed Concrete Steel Wire Strand From India, 68 FR 68356 (December 8, 2003). VerDate Mar<15>2010 18:16 Mar 24, 2014 Jkt 232001 6 See 7 See PO 00000 19 CFR 351.309. 19 CFR 351.310(c). Frm 00019 Fmt 4703 Sfmt 4703 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. Dated: March 18, 2014 Paul Piqued, 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 E:\FR\FM\25MRN1.SGM 25MRN1 Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Notices 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, 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. Summary 2. Background 3. Critical Circumstances 4. Scope Comments 5. Scope of the Investigation 6. Injury Test 7. Respondent Selection 8. Application of the Countervailing Duty Law to Imports from the PRC 9. Use of Facts Otherwise Available and Adverse Inferences 10. ITC Notification 11. Disclosure and Public Comment 12. Conclusion [FR Doc. 2014–06588 Filed 3–24–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–580–873] Non-Oriented Electrical Steel From the Republic of Korea: Preliminary Negative Countervailing Duty Determination, Preliminary Negative Critical Circumstances Determination, and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that de minimis countervailable subsidies are being provided to producers/exporters of nonoriented electrical steel (NOES) from the Republic of Korea (Korea). The period of investigation is January 1, 2012, through December 31, 2012. Interested parties are invited to comment on this preliminary determination. DATES: Effective Date: March 25, 2014. FOR FURTHER INFORMATION CONTACT: Joshua Morris or Thomas Schauer, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1779 and (202) 482–0410, respectively. emcdonald on DSK67QTVN1PROD with NOTICES AGENCY: VerDate Mar<15>2010 18:16 Mar 24, 2014 Jkt 232001 SUPPLEMENTARY INFORMATION: Alignment of Final Countervailing Duty (CVD) Determination With Final Antidumping Duty (AD) Determination On the same day the Department initiated this CVD investigation, the Department also initiated AD investigations of NOES from Korea and several other countries.1 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 (the Act), alignment of the final CVD determination with the final AD determination of NOES from Korea was requested by AK Steel Corporation (Petitioner). 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, 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.2 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 1 See 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). 2 See Memorandum from Christian Marsh, Deputy Assistant Secretary 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 of Non-Oriented Electrical Steel from the Republic of Korea’’ dated concurrently with this notice (Preliminary Decision Memorandum). PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 16295 (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. Critical Circumstances On February 25, 2014, Petitioner alleged that critical circumstances exist with respect to imports of NOES from Korea. In accordance with 19 CFR 351.206(c)(2)(i), because Petitioner submitted a critical circumstances allegation more than 20 days before the scheduled date of the preliminary determination, the Department must issue a preliminary critical circumstances determination not later than the date of the preliminary determination.3 We preliminarily determine that critical circumstances do not exist with respect to POSCO, Daewoo International Corporation (DWI), and all other producers/exporters. For a full discussion of our preliminary critical circumstances determination, see the ‘‘Critical Circumstances’’ section of the Preliminary Decision Memorandum. Preliminary Determination and Suspension of Liquidation For the reasons explained in the Preliminary Decision Memorandum,4 DWI and POSCO have been found preliminarily to be cross-owned under the Department’s regulations, and are therefore being investigated as one entity which has received a combined subsidy rate. Thus, in accordance with section 703(d)(1)(A)(i) of the Act, we have calculated an estimated countervailable subsidy rate for POSCO/ DWI. Further, because POSCO/DWI is the only entity for which a rate has been calculated, we are also assigning that rate to all other producers and exporters of NOES from Korea.5 We preliminarily determine the countervailable subsidy rates to be: 3 See, e.g., Change in Policy Regarding Timing of Issuance of Critical Circumstances Determinations, 63 FR 55364 (October 15, 1998). 4 See ‘‘Subsidies Valuation—Attribution of Subsidies.’’ 5 See Section 703(d)(1)(A) of the Act. E:\FR\FM\25MRN1.SGM 25MRN1

Agencies

[Federal Register Volume 79, Number 57 (Tuesday, March 25, 2014)]
[Notices]
[Pages 16293-16295]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06588]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-997]


Non-Oriented Electrical Steel From the People's Republic of 
China: Preliminary Affirmative Countervailing Duty Determination, 
Preliminary Affirmative Critical Circumstances Determination, and 
Alignment of Final Countervailing Duty 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/exporters of non-oriented electrical steel (NOES) from the 
People's Republic of China (PRC). The Department also preliminarily 
determines critical circumstances exist for imports of the subject 
merchandise from the PRC. The period of investigation is January 1, 
2012, through December 31, 2012. Interested parties are invited to 
comment on this preliminary determination.

DATES:  Effective Date: March 25, 2014.

FOR FURTHER INFORMATION CONTACT: Joshua Morris or Thomas Schauer, 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-
1779 and (202) 482-0410, respectively.

SUPPLEMENTARY INFORMATION: 

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

    On the same day the Department initiated this CVD investigation, 
the Department also initiated AD investigations of NOES from the PRC 
and several other countries.\1\ 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 
(the Act), alignment of the final CVD determination with the final AD 
determination of NOES from the PRC was requested by AK Steel 
Corporation (Petitioner). 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.
---------------------------------------------------------------------------

    \1\ See 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).
---------------------------------------------------------------------------

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.

Critical Circumstances

    On February 25, 2014, Petitioner alleged that critical 
circumstances exist with respect to imports of NOES from the PRC. In 
accordance with 19 CFR 351.206(c)(2)(i), because Petitioner submitted a 
critical circumstances allegation more than 20 days before the 
scheduled date of the preliminary determination, the Department must 
issue a preliminary critical circumstances determination not later than 
the date of the preliminary determination.\2\
---------------------------------------------------------------------------

    \2\ See, e.g., Change in Policy Regarding Timing of Issuance of 
Critical Circumstances Determinations, 63 FR 55364 (October 15, 
1998).
---------------------------------------------------------------------------

    In accordance with section 703(e)(1) of the Act, we preliminarily 
find critical circumstances exist with respect to Baoshan Iron & Steel 
Co., Ltd. (Baoshan) and all other producers/exporters. For a full 
discussion of our preliminary critical circumstances determination, see 
the ``Critical Circumstances'' section of the Preliminary Decision 
Memorandum.\3\ 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://www.trade.gov/enforcement/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \3\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary 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 of Non-Oriented Electrical 
Steel from the People's Republic of China'' dated concurrently with 
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    The Department is conducting this countervailing duty 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.
    For this preliminary determination, we have relied on facts 
available for the

[[Page 16294]]

Government of the PRC and for Baoshan, the only mandatory company-
respondent, because they did not act to the best of their abilities 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 Baoshan.\4\ For further 
information, see ``Use of Facts Otherwise Available and Adverse 
Inferences'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Preliminary Determination and Suspension of Liquidation

    In accordance with section 703(d)(1)(A)(i) of the Act, we 
calculated a countervailing duty rate for the individually investigated 
producer/exporter of the subject merchandise, Baoshan.
    With respect to the all-others rate, section 705(c)(5)(A)(ii) of 
the Act provides that if the countervailable subsidy rates established 
for all exporters and producers individually investigated are 
determined entirely in accordance with section 776 of the Act, the 
Department may use any reasonable method to establish an all-others 
rate for exporters and producers not individually investigated. In this 
case, the rate calculated for the investigated company is based 
entirely on facts available under section 776 of the Act. There is no 
other information on the record upon which to determine an all-others 
rate. As a result, we have used the adverse facts available rate 
assigned for Baoshan as the all-others rate. This method is consistent 
with the Department's past practice.\5\
---------------------------------------------------------------------------

    \5\ See, e.g., Final Affirmative Countervailing Duty 
Determination: Certain Hot-Rolled Carbon Steel Flat Products From 
Argentina, 66 FR 37007, 37008 (July 16, 2001); see also Final 
Affirmative Countervailing Duty Determination: Prestressed Concrete 
Steel Wire Strand From India, 68 FR 68356 (December 8, 2003).
---------------------------------------------------------------------------

    We preliminarily determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                                rate
                                                               (percent)
------------------------------------------------------------------------
Baoshan Iron & Steel Co., Ltd................................     125.83
All Others...................................................     125.83
------------------------------------------------------------------------

    As noted above, the Department found that critical circumstances 
exist with respect to all companies. Therefore, in accordance with 
sections 703(e)(2) of the Act, we are directing U.S. Customs and Border 
Protection (CBP) to suspend liquidation of all entries of NOES from the 
PRC that are entered, or withdrawn from warehouse, for consumption on 
or after the date 90 days prior to the date of publication of this 
notice in the Federal Register, and to require a cash deposit for such 
entries.

Disclosure and Public Comment

    Because the Department has reached its conclusions on the basis of 
adverse facts available, the calculations performed in connection with 
this preliminary determination are not proprietary in nature, and are 
described in the Preliminary Decision Memorandum. Case briefs or other 
written comments for all non-scope issues may be submitted to IA ACCESS 
no later than 30 days after the publication of this preliminary 
determination in the Federal Register, 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\ Case briefs or other 
written comments on scope issues may be submitted no later than 30 days 
after the publication of this preliminary determination in the Federal 
Register, and rebuttal briefs, limited to issues raised in the case 
briefs, may be submitted no later than five days after the deadline for 
the case briefs. For any briefs filed on scope issues, parties must 
file separate and identical documents on each of the records for all of 
the concurrent antidumping and countervailing duty investigations.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309.
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing, or to participate 
if one is requested, must do so in writing within 30 days after the 
publication of this preliminary determination in the Federal 
Register.\7\ 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, 
time and location to be determined. Parties will be notified of the 
date, time and location of any hearing.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

U.S. International Trade Commission (ITC) Notification
    In accordance with section 703(f) of the Act, we will notify the 
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.

     Dated: March 18, 2014
Paul Piqued,
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

[[Page 16295]]

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, 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. Summary
2. Background
3. Critical Circumstances
4. Scope Comments
5. Scope of the Investigation
6. Injury Test
7. Respondent Selection
8. Application of the Countervailing Duty Law to Imports from the 
PRC
9. Use of Facts Otherwise Available and Adverse Inferences
10. ITC Notification
11. Disclosure and Public Comment
12. Conclusion

[FR Doc. 2014-06588 Filed 3-24-14; 8:45 am]
BILLING CODE 3510-DS-P