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]
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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or withdrawn from warehouse, for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 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 Memorandum can be accessed
directly on the Internet at https://
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 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 Memorandum can be accessed
directly on the Internet at https://
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
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]]>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]
-----------------------------------------------------------------------
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
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
Memorandum can be accessed directly on the Internet at https://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.
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\6\ See 19 CFR 351.309.
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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.
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\7\ See 19 CFR 351.310(c).
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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
