Grain-Oriented Electrical Steel From the Czech Republic: Preliminary Determination of Sales at Less Than Fair Value, Negative Preliminary Determination of Critical Circumstances, and Postponement of Final Determination, 26717-26720 [2014-10700]

Download as PDF Federal Register / Vol. 79, No. 90 / Friday, May 9, 2014 / Notices Therefore, in accordance with 19 CFR 351.213(d)(1), we are rescinding this review of the countervailing duty order on certain cut-to-length carbon quality steel plate from Korea in its entirety. DEPARTMENT OF COMMERCE International Trade Administration [C–580–837] Certain Cut-to-Length Carbon Quality Steel Plate From the Republic of Korea: Rescission of Countervailing Duty Administrative Review; 2013 Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: May 9, 2014. FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1009. SUPPLEMENTARY INFORMATION: AGENCY: Background On February 3, 2014, the Department of Commerce (the Department) published a notice of opportunity to request an administrative review of the countervailing duty order on certain cut-to-length carbon quality steel plate from the Republic of Korea (Korea).1 Pursuant to a request from Dongkuk Steel Mill Co., Ltd. (DSM), the Department published in the Federal Register the notice of initiation of this countervailing duty administrative review with respect to DSM for the period January 1, 2013, through December 31, 2012.2 On April 28, 2014, DSM withdrew its request for review in a timely manner.3 DSM was the only interested party to submit a request for this administrative review. ehiers on DSK2VPTVN1PROD with NOTICES Rescission of the 2013 Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation of the requested review. The Department published the Initiation on April 1, 2014.4 DSM’s withdrawal of its review request was submitted within the 90day period following the publication of the Initiation and, thus, is timely. Assessment The Department will instruct U.S. Customs and Border Protection (CBP) to assess countervailing duties on all appropriate entries. For the company for which this review is rescinded countervailing duties shall be assessed at rates equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period January 1, 2013, through December 31, 2013, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. Notification Regarding Administrative Protective Order This notice serves as a final reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under an APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/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 notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: May 5, 2014. Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations. [FR Doc. 2014–10701 Filed 5–8–14; 8:45 am] BILLING CODE 3510–DS–P 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 79 FR 6159 (February 3, 2014). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 79 FR 18262 (April 1, 2014) (Initiation). 3 See DSM’s April 28, 2014, submission. 4 See Initiation. VerDate Mar<15>2010 14:53 May 08, 2014 Jkt 232001 PO 00000 26717 DEPARTMENT OF COMMERCE International Trade Administration [A–851–803] Grain-Oriented Electrical Steel From the Czech Republic: Preliminary Determination of Sales at Less Than Fair Value, Negative Preliminary Determination of Critical Circumstances, and Postponement of Final Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that grain-oriented electrical steel (GOES) from the Czech Republic is being, or is likely to be, sold in the United States at less than fair value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The period of investigation (POI) is July 1, 2012, through June 30, 2013. The estimated weighted-average dumping margins of sales at LTFV are listed in the ‘‘Preliminary Determination’’ section of this notice. Interested parties are invited to comment on this preliminary determination. AGENCY: DATES: Effective Date: May 9, 2014. FOR FURTHER INFORMATION CONTACT: Dennis McClure at (202) 482–5973 or Stephen Bailey at (202) 482–0193, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background The Department initiated this investigation on October 24, 2013.1 For a complete description of the events that followed the initiation of this investigation, see the memorandum that is dated concurrently with and hereby adopted by this notice (Preliminary Decision Memorandum).2 The 1 See Grain-Oriented Electrical Steel From the People’s Republic of China, the Czech Republic, Germany, Japan, the Republic of Korea, Poland, and the Russian Federation: Initiation of Antidumping Duty Investigations, 78 FR 65283 (Oct. 31, 2013) (Initiation Notice). AK Steel Corporation, Allegheny Ludlum, LLC, and the United Steelworkers (collectively, the petitioners) filed the underlying petitions. Id. at 65283. 2 See memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, entitled: ‘‘Decision Memorandum for the Preliminary Determination of the Antidumping Duty Investigation of Grain-Oriented Electrical Steel Continued Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\09MYN1.SGM 09MYN1 26718 Federal Register / Vol. 79, No. 90 / Friday, May 9, 2014 / Notices 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 at https:// enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The scope of the investigation covers GOES, which is a flat-rolled alloy steel product containing by weight specific levels of silicon, carbon and aluminum. For a complete description of the scope of the investigation, see Appendix I to this notice. Various parties submitted comments on the scope. For discussion of these comments, see the Preliminary Decision Memorandum. ehiers on DSK2VPTVN1PROD with NOTICES Tolling and Postponement of Deadline for Preliminary Determination As explained in the memorandum from the Assistant Secretary for Enforcement and Compliance, the Department exercised its discretion to toll deadlines for the duration of the partial closure of the Federal Government from October 1, through October 16, 2013. Therefore, all deadlines in this segment of the proceeding have been extended by 16 days.3 If the new deadline falls on a non-business day, in accordance with the Department’s practice, the deadline will become the next business day.4 On February 10, 2014, the petitioners made a timely request for a 50-day postponement of the preliminary determinations for this and the other concurrent GOES antidumping duty investigations, pursuant to section 733(c)(1)(A) of the Act and 19 CFR 351.205(e).5 On February 20, 2014, we from the Czech Republic’’ (Preliminary Decision Memorandum). 3 See Memorandum for the Record from Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government,’’ dated October 18, 2013. 4 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). 5 See letter from the petitioners entitled, ‘‘Antidumping Investigations of Grain-Oriented VerDate Mar<15>2010 14:53 May 08, 2014 Jkt 232001 postponed the preliminary determinations by 50 days.6 As a result of the postponement and aforementioned tolling, the revised deadline for the preliminary determination of this investigation is now May 2, 2014. Methodology The Department conducted this investigation in accordance with section 731 of the Act. Export price (EP) and constructed export price (CEP) are calculated in accordance with section 772 of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Negative Preliminary Determination of Critical Circumstances On February 24, 2014, the petitioners filed a timely allegation, pursuant to section 733(e)(1) of the Act and 19 CFR 351.206(c)(1), alleging that critical circumstances exist with respect to imports of the merchandise under consideration.7 In accordance with 19 CFR 351.206(c)(2)(i), when a critical circumstances allegation is submitted more than 20 days before the scheduled date of the preliminary determination, the Department must issue a preliminary finding whether there is a reasonable basis to believe or suspect that critical circumstances exist no later than the date of the preliminary determination. We conducted an analysis of critical circumstances in accordance with section 733(e) of the Act and 19 CFR 351.206, and preliminarily determined that critical circumstances do not exist for imports of GOES from the Czech Republic. For a full description of the methodology and results of our analysis, see the Preliminary Decision Memorandum. All Others Rate Section 735(c)(5)(A) of the Act provides that the estimated ‘‘all others’’ Electrical Steel (‘‘GOES’’) From China, Czech Republic, Germany, Japan, South Korea, Poland, and Russia: Petitioners’ Request for Extension of the Preliminary Determination,’’ dated February 10, 2014. 6 See Grain-Oriented Electrical Steel From the People’s Republic of China, the Czech Republic, Germany, Japan, the Republic of Korea, Poland, and the Russian Federation: Postponement of Preliminary Determinations in the Antidumping Duty Investigations, 79 FR 11082 (February 27, 2014). 7 See letter from the petitioners, ‘‘Grain-Oriented Electricl {sic} Steel from the Czech Republic, Poland, and the Russian Federation—Critical Circumstances Allegations,’’ dated February 24, 2014 (the petitioners’ Critical Circumstances Allegation). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero or de minimis margins, and any margins determined entirely under section 776 of the Act. Pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-average dumping margins established for all exporters and producers individually examined are zero, de minimis or determined based entirely under section 776 of the Act, the Department may use any reasonable method to establish the estimated dumping margin for all other producers or exporters. We based our calculation of the ‘‘All Others’’ rate on the weighted-average of the margins calculated for ArcelorMittal ´ ´ Frydek-Mıstek (AMFM) and Sujani Enterprises, Inc. (Sujani) using publiclyranged data. Because we cannot apply our normal methodology of calculating a weighted-average margin due to requests to protect business-proprietary information, we find this rate to be the best proxy of the actual weightedaverage margin determined for these respondents.8 For further discussion of this calculation, see memorandum entitled ‘‘Calculation of the All Others Rate for the Preliminary Determination of the Antidumping Duty Investigation of Grain-Oriented Electrical Steel From the Czech Republic,’’ dated concurrently with this notice. Preliminary Determination The preliminarily estimated weighted-average dumping margins are as follows: Manufacturer/ exporter ´ ´ ArcelorMittal Frydek-Mıstek .. Sujani Enterprises, Inc. ........ All Others .............................. Weightedaverage dumping margin (percent) 11.45 10.35 10.38 Disclosure We will disclose the calculations performed to interested parties in this proceeding within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). 8 See, e.g., Certain Frozen Warmwater Shrimp From India: Final Results of Antidumping Duty Administrative Review, Partial Rescission, and Final No Shipment Determination, 76 FR 41203, 41205 (July 13, 2011). E:\FR\FM\09MYN1.SGM 09MYN1 Federal Register / Vol. 79, No. 90 / Friday, May 9, 2014 / Notices Washington, DC 20230.14 Parties should confirm by telephone the date, time, and location of the hearing. ehiers on DSK2VPTVN1PROD with NOTICES Verification As provided in section 782(i) of the Act, we intend to verify information relied upon in making our final determination. Public Comment Interested parties are invited to comment on this preliminary determination. Interested parties may submit case briefs to the Department no later than seven days after the date of the final verification report issued in this proceeding. Rebuttal briefs, the content of which is limited to the issues raised in the case briefs, must be filed within five days from the deadline date for the submission of case briefs.9 A list of authorities used, a table of contents, and an executive summary of issues should accompany any briefs submitted to the Department.10 Executive summaries should be limited to five pages total, including footnotes. Interested parties who wish to comment on the preliminary determinations must file briefs electronically using IA ACCESS. An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time on the date the document is due. In accordance with section 774 of the Act, the Department will hold a hearing, if timely requested, to afford interested parties an opportunity to comment on arguments raised in case or rebuttal briefs, provided that such a hearing is requested by an interested party.11 Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically using IA ACCESS, as noted above. An electronically-filed request must be received successfully in its entirety by IA ACCESS by 5 p.m. Eastern Standard Time within 30 days after the date of publication of this notice.12 Requests should contain the following information: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed.13 If a request for a hearing is made, we will inform parties of the scheduled date for the hearing which will be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 9 See 19 CFR 351.309(d)(1) and 19 CFR 351.309(d)(2). 10 See 19 CFR 351.309(c)(2). 11 See also 19 CFR 351.310. 12 Id. 13 Id. VerDate Mar<15>2010 14:53 May 08, 2014 Jkt 232001 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, we will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of subject merchandise from the Czech Republic entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Pursuant to section 733(d) of the Act and 19 CFR 351.205(d), we will instruct CBP to require cash deposits 15 equal to the dumping margins, as indicated in the chart above, as follows: (1) The rate for the mandatory respondents listed above will be the respondent-specific rate we determined in this preliminary determination; (2) if the exporter is not a mandatory respondent identified above, but the producer is, the rate will be the specific rate established for the producer of the subject merchandise; and (3) the rate for all other producers or exporters will be the all others rate. These suspension of liquidation instructions will remain in effect until further notice. Postponement of Final Determination Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. 19 CFR 351.210(e)(2) requires that requests by respondents for postponement of a final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. Respondents AMFM and Sujani requested that, in the event of an affirmative preliminary determination in this investigation, the Department postpone its final determination by 60 days (i.e., to 135 days after publication of the preliminary determination), and agreed to extend the application of the provisional measures prescribed under 26719 section 733(d) of the Act and 19 CFR 351.210(e)(2), from a four-month period to a period not to exceed six months.16 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) our preliminary determination is affirmative; (2) the requesting producer or exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, we are postponing the final determination until no later than 135 days after the publication of this notice in the Federal Register and extending the provisional measures from a fourmonth period to a period not greater than six months. Accordingly, we will issue our final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act.17 International Trade Commission (ITC) Notification In accordance with section 733(f) of the Act, we will notify the ITC of our affirmative preliminary determination of sales at LTFV. If our final determination in this investigation is affirmative, section 735(b)(2) of the Act requires that the ITC make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of GOES from the Czech Republic before the later of 120 days after the date of this preliminary determination or 45 days after our final determination. This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act. Dated: May 2, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The scope of the investigation covers grainoriented silicon electrical steel (GOES). GOES is a flat-rolled alloy steel product containing by weight at least 0.6 percent but not more than 6 percent of silicon, not more than 0.08 percent of carbon, not more than 1.0 percent of aluminum, and no other element in an amount that would give the steel the characteristics of another alloy steel, in coils or in straight lengths. The GOES that is subject to this investigation is currently classifiable under subheadings 7225.11.0000, 7226.11.1000, 7226.11.9030, and 7226.11.9060 of the Harmonized Tariff 14 Id. 15 See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 16 See letters from AMFM and Sujani entitled, ‘‘Grain-Oriented Electrical Steel From The Czech Republic: Request To Postpone Final Determination,’’ dated April 30, 2014. 17 See 19 CFR 351.210(b)(2) and (e). E:\FR\FM\09MYN1.SGM 09MYN1 26720 Federal Register / Vol. 79, No. 90 / Friday, May 9, 2014 / Notices Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Excluded are flat-rolled products not in coils that, prior to importation into the United States, have been cut to a shape and undergone all punching, coating, or other operations necessary for classification in Chapter 85 of the HTSUS as a transformer part (i.e., laminations). Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Period of Investigation 4. Scope of the Investigation 5. Scope Comments 6. Product Comparisons 7. Respondent Selection 8. Critical Circumstances 9. Discussion of the Methodology a. Determination of the Comparison Method b. Results of the Differential Pricing Analysis c. Date of Sale d. Export Price/Constructed Export Price i. AMFM ii. Sujani e. Normal Value i. Home Market Viability ii. Particular Market Situation iii. Affiliated-Party Transactions and Arm’s-Length Test iv. Level of Trade 1. AMFM 2. Sujani f. Cost of Production Analysis i. Calculation of Cost of Production ii. Test of Comparison Market Prices iii. Results of COP Test g. Calculation of NV Based on Comparison Market Prices i. AMFM ii. Sujani 10. Currency Conversion 11. Conclusion [FR Doc. 2014–10700 Filed 5–8–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [Docket No. 140318257–4257–01] Differential Pricing Analysis; Request for Comments Enforcement and Compliance, formerly Import Administration, International Trade Administration, U.S. Department of Commerce. ACTION: Request for comments. ehiers on DSK2VPTVN1PROD with NOTICES AGENCY: The Department of Commerce (the Department) seeks public comment on its ‘‘differential pricing’’ analysis. This analysis is currently being applied SUMMARY: VerDate Mar<15>2010 14:53 May 08, 2014 Jkt 232001 in less-than-fair-value investigations and certain reviews, including administrative reviews to determine when it may be appropriate to use an alternative comparison method based on the average-to-transaction comparison method in making comparisons of export price or constructed export price and normal value. The differential pricing analysis addresses the criteria set forth in section 777A(d)(1)(B) of the Tariff Act of 1930, as amended (the Act), and is applied in accordance with 19 CFR 351.414. Previously, the Department has addressed these criteria using its ‘‘targeted dumping’’ analysis. DATES: To be assured of consideration, comments must be received no later than June 23, 2014. ADDRESSES: You may submit comments electronically or in writing. Electronic comments should be submitted to ECWeb@trade.gov. If you submit comments electronically, you do not need to also submit comments in writing. Parties wishing to comment in writing should file, by the date specified above, a signed original and four copies of each set of comments at the address listed below. The Department will not accept nor consider comments accompanied by a request that a part or all of the material be treated confidentially because of its business proprietary nature or for any other reason. All comments will be made available to the public in Portable Document Format (PDF) on the Internet at the Enforcement and Compliance Web site at the following address: https://www.trade.gov/enforcement/. Accordingly, do not submit any information you do not want to become public; i.e., confidential business information, personally identifiable information, etc. Additionally, all comments will be available for public inspection at Enforcement and Compliance’s Central Records Unit, Room 7045, between the hours of 8:30 a.m. and 5 p.m. on business days. To the extent possible, all comments will be posted within 48 hours. FOR FURTHER INFORMATION CONTACT: Charles Vannatta at (202) 482–4036 or Melissa Brewer at (202) 482–1096. SUPPLEMENTARY INFORMATION: Background By way of background, the sections below describe: (A) The basis for determining whether to apply an alternative comparison methodology under the statute and regulations; (B) the background of the Department’s prior targeted dumping regulation and publication of the final rule withdrawing that regulation; and (C) a PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 summary of the Department’s targeted dumping analysis as it existed during the time between the 2008 Withdrawal Notice and the application of the Department’s differential pricing analysis A. Determination To Apply an Alternative Comparison Method Pursuant to 19 CFR 351.414(c), the Department calculates dumping margins by comparing weighted-average export prices (or constructed export prices) to weighted-average normal values (the average-to-average method) unless the Secretary determines another method is appropriate in a particular case.1 The Department’s regulations also provide that dumping margins may be calculated by comparing the export prices (or constructed export prices) of individual transactions with normal values of individual transactions (the transaction-to-transaction method) or by comparing the export prices (or constructed export prices) of individual transactions with the weighted-average normal value (the average-to-transaction method).2 Application of the transaction-to-transaction method is addressed in the Department’s regulations at 19 CFR 351.414(c)(2). Section 777A(d)(1)(B) of the Act mandates that certain criteria be satisfied for the Department to use the average-to-transaction method as an alternative to the standard average-toaverage method in a less-than-fair-value investigation. In particular, if the Department finds that there is a pattern of export prices (or constructed export prices) for comparable merchandise that differ significantly among purchasers, regions, or time periods,3 and the Department explains why such differences cannot be taken into account using the average-to-average method,4 then the average-to-transaction method may be applied as an alternative comparison method in less-than-fairvalue investigations. In the past, the Department satisfied these statutory requirements through the use of its targeted dumping analysis. B. Withdrawal of Regulatory Provisions Regarding Targeted Dumping for LessThan-Fair-Value Investigations On December 10, 2008, the Department promulgated an interim 1 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) (‘‘Final Modification for Reviews’’). 2 See 19 CFR 351.414(b)(2) and (3). 3 See Section 777A(d)(1)(B)(i) of the Act. 4 See Section 777A(d)(1)(B)(ii) of the Act. E:\FR\FM\09MYN1.SGM 09MYN1

Agencies

[Federal Register Volume 79, Number 90 (Friday, May 9, 2014)]
[Notices]
[Pages 26717-26720]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10700]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-851-803]


Grain-Oriented Electrical Steel From the Czech Republic: 
Preliminary Determination of Sales at Less Than Fair Value, Negative 
Preliminary Determination of Critical Circumstances, and Postponement 
of Final Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that grain-oriented electrical steel (GOES) from the Czech 
Republic is being, or is likely to be, sold in the United States at 
less than fair value (LTFV), as provided in section 733(b) of the 
Tariff Act of 1930, as amended (the Act). The period of investigation 
(POI) is July 1, 2012, through June 30, 2013. The estimated weighted-
average dumping margins of sales at LTFV are listed in the 
``Preliminary Determination'' section of this notice. Interested 
parties are invited to comment on this preliminary determination.

DATES: Effective Date: May 9, 2014.

FOR FURTHER INFORMATION CONTACT: Dennis McClure at (202) 482-5973 or 
Stephen Bailey at (202) 482-0193, AD/CVD Operations, Office II, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    The Department initiated this investigation on October 24, 2013.\1\ 
For a complete description of the events that followed the initiation 
of this investigation, see the memorandum that is dated concurrently 
with and hereby adopted by this notice (Preliminary Decision 
Memorandum).\2\ The

[[Page 26718]]

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 at https://enforcement.trade.gov/frn/. The signed 
Preliminary Decision Memorandum and the electronic version of the 
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Grain-Oriented Electrical Steel From the People's 
Republic of China, the Czech Republic, Germany, Japan, the Republic 
of Korea, Poland, and the Russian Federation: Initiation of 
Antidumping Duty Investigations, 78 FR 65283 (Oct. 31, 2013) 
(Initiation Notice). AK Steel Corporation, Allegheny Ludlum, LLC, 
and the United Steelworkers (collectively, the petitioners) filed 
the underlying petitions. Id. at 65283.
    \2\ See memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
entitled: ``Decision Memorandum for the Preliminary Determination of 
the Antidumping Duty Investigation of Grain-Oriented Electrical 
Steel from the Czech Republic'' (Preliminary Decision Memorandum).
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Scope of the Investigation

    The scope of the investigation covers GOES, which is a flat-rolled 
alloy steel product containing by weight specific levels of silicon, 
carbon and aluminum. For a complete description of the scope of the 
investigation, see Appendix I to this notice.
    Various parties submitted comments on the scope. For discussion of 
these comments, see the Preliminary Decision Memorandum.

Tolling and Postponement of Deadline for Preliminary Determination

    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department exercised its discretion to 
toll deadlines for the duration of the partial closure of the Federal 
Government from October 1, through October 16, 2013. Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days.\3\ If the new deadline falls on a non-business day, in accordance 
with the Department's practice, the deadline will become the next 
business day.\4\
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    \3\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government,'' dated October 18, 2013.
    \4\ 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).
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    On February 10, 2014, the petitioners made a timely request for a 
50-day postponement of the preliminary determinations for this and the 
other concurrent GOES antidumping duty investigations, pursuant to 
section 733(c)(1)(A) of the Act and 19 CFR 351.205(e).\5\ On February 
20, 2014, we postponed the preliminary determinations by 50 days.\6\ As 
a result of the postponement and aforementioned tolling, the revised 
deadline for the preliminary determination of this investigation is now 
May 2, 2014.
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    \5\ See letter from the petitioners entitled, ``Antidumping 
Investigations of Grain-Oriented Electrical Steel (``GOES'') From 
China, Czech Republic, Germany, Japan, South Korea, Poland, and 
Russia: Petitioners' Request for Extension of the Preliminary 
Determination,'' dated February 10, 2014.
    \6\ See Grain-Oriented Electrical Steel From the People's 
Republic of China, the Czech Republic, Germany, Japan, the Republic 
of Korea, Poland, and the Russian Federation: Postponement of 
Preliminary Determinations in the Antidumping Duty Investigations, 
79 FR 11082 (February 27, 2014).
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Methodology

    The Department conducted this investigation in accordance with 
section 731 of the Act. Export price (EP) and constructed export price 
(CEP) are calculated in accordance with section 772 of the Act. Normal 
value (NV) is calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.

Negative Preliminary Determination of Critical Circumstances

    On February 24, 2014, the petitioners filed a timely allegation, 
pursuant to section 733(e)(1) of the Act and 19 CFR 351.206(c)(1), 
alleging that critical circumstances exist with respect to imports of 
the merchandise under consideration.\7\ In accordance with 19 CFR 
351.206(c)(2)(i), when a critical circumstances allegation is submitted 
more than 20 days before the scheduled date of the preliminary 
determination, the Department must issue a preliminary finding whether 
there is a reasonable basis to believe or suspect that critical 
circumstances exist no later than the date of the preliminary 
determination. We conducted an analysis of critical circumstances in 
accordance with section 733(e) of the Act and 19 CFR 351.206, and 
preliminarily determined that critical circumstances do not exist for 
imports of GOES from the Czech Republic. For a full description of the 
methodology and results of our analysis, see the Preliminary Decision 
Memorandum.
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    \7\ See letter from the petitioners, ``Grain-Oriented Electricl 
{sic{time}  Steel from the Czech Republic, Poland, and the Russian 
Federation--Critical Circumstances Allegations,'' dated February 24, 
2014 (the petitioners' Critical Circumstances Allegation).
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All Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated ``all 
others'' rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero or de 
minimis margins, and any margins determined entirely under section 776 
of the Act. Pursuant to section 735(c)(5)(B) of the Act, if the 
estimated weighted-average dumping margins established for all 
exporters and producers individually examined are zero, de minimis or 
determined based entirely under section 776 of the Act, the Department 
may use any reasonable method to establish the estimated dumping margin 
for all other producers or exporters.
    We based our calculation of the ``All Others'' rate on the 
weighted-average of the margins calculated for ArcelorMittal 
Fr[yacute]dek-M[iacute]stek (AMFM) and Sujani Enterprises, Inc. 
(Sujani) using publicly-ranged data. Because we cannot apply our normal 
methodology of calculating a weighted-average margin due to requests to 
protect business-proprietary information, we find this rate to be the 
best proxy of the actual weighted-average margin determined for these 
respondents.\8\ For further discussion of this calculation, see 
memorandum entitled ``Calculation of the All Others Rate for the 
Preliminary Determination of the Antidumping Duty Investigation of 
Grain-Oriented Electrical Steel From the Czech Republic,'' dated 
concurrently with this notice.
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    \8\ See, e.g., Certain Frozen Warmwater Shrimp From India: Final 
Results of Antidumping Duty Administrative Review, Partial 
Rescission, and Final No Shipment Determination, 76 FR 41203, 41205 
(July 13, 2011).
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Preliminary Determination

    The preliminarily estimated weighted-average dumping margins are as 
follows:

 
------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                 Manufacturer/ exporter                       dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
ArcelorMittal Fr[yacute]dek-M[iacute]stek...............           11.45
Sujani Enterprises, Inc.................................           10.35
All Others..............................................           10.38
------------------------------------------------------------------------

Disclosure

    We will disclose the calculations performed to interested parties 
in this proceeding within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

[[Page 26719]]

Verification

    As provided in section 782(i) of the Act, we intend to verify 
information relied upon in making our final determination.

Public Comment

    Interested parties are invited to comment on this preliminary 
determination. Interested parties may submit case briefs to the 
Department no later than seven days after the date of the final 
verification report issued in this proceeding. Rebuttal briefs, the 
content of which is limited to the issues raised in the case briefs, 
must be filed within five days from the deadline date for the 
submission of case briefs.\9\ A list of authorities used, a table of 
contents, and an executive summary of issues should accompany any 
briefs submitted to the Department.\10\ Executive summaries should be 
limited to five pages total, including footnotes. Interested parties 
who wish to comment on the preliminary determinations must file briefs 
electronically using IA ACCESS. An electronically filed document must 
be received successfully in its entirety by the Department's electronic 
records system, IA ACCESS, by 5 p.m. Eastern Standard Time on the date 
the document is due.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.309(d)(1) and 19 CFR 351.309(d)(2).
    \10\ See 19 CFR 351.309(c)(2).
---------------------------------------------------------------------------

    In accordance with section 774 of the Act, the Department will hold 
a hearing, if timely requested, to afford interested parties an 
opportunity to comment on arguments raised in case or rebuttal briefs, 
provided that such a hearing is requested by an interested party.\11\ 
Interested parties who wish to request a hearing, or to participate if 
one is requested, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically using IA ACCESS, as noted above. An 
electronically-filed request must be received successfully in its 
entirety by IA ACCESS by 5 p.m. Eastern Standard Time within 30 days 
after the date of publication of this notice.\12\ Requests should 
contain the following information: (1) The party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of the 
issues to be discussed.\13\ If a request for a hearing is made, we will 
inform parties of the scheduled date for the hearing which will be held 
at the U.S. Department of Commerce, 14th Street and Constitution Avenue 
NW., Washington, DC 20230.\14\ Parties should confirm by telephone the 
date, time, and location of the hearing.
---------------------------------------------------------------------------

    \11\ See also 19 CFR 351.310.
    \12\ Id.
    \13\ Id.
    \14\ Id.
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we will direct 
U.S. Customs and Border Protection (CBP) to suspend liquidation of all 
entries of subject merchandise from the Czech Republic entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register.
    Pursuant to section 733(d) of the Act and 19 CFR 351.205(d), we 
will instruct CBP to require cash deposits \15\ equal to the dumping 
margins, as indicated in the chart above, as follows: (1) The rate for 
the mandatory respondents listed above will be the respondent-specific 
rate we determined in this preliminary determination; (2) if the 
exporter is not a mandatory respondent identified above, but the 
producer is, the rate will be the specific rate established for the 
producer of the subject merchandise; and (3) the rate for all other 
producers or exporters will be the all others rate. These suspension of 
liquidation instructions will remain in effect until further notice.
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    \15\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
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Postponement of Final Determination

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. 19 CFR 351.210(e)(2) requires that requests by 
respondents for postponement of a final determination be accompanied by 
a request for extension of provisional measures from a four-month 
period to a period not more than six months in duration.
    Respondents AMFM and Sujani requested that, in the event of an 
affirmative preliminary determination in this investigation, the 
Department postpone its final determination by 60 days (i.e., to 135 
days after publication of the preliminary determination), and agreed to 
extend the application of the provisional measures prescribed under 
section 733(d) of the Act and 19 CFR 351.210(e)(2), from a four-month 
period to a period not to exceed six months.\16\ In accordance with 
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because 
(1) our preliminary determination is affirmative; (2) the requesting 
producer or exporter accounts for a significant proportion of exports 
of the subject merchandise; and (3) no compelling reasons for denial 
exist, we are postponing the final determination until no later than 
135 days after the publication of this notice in the Federal Register 
and extending the provisional measures from a four-month period to a 
period not greater than six months. Accordingly, we will issue our 
final determination no later than 135 days after the date of 
publication of this preliminary determination, pursuant to section 
735(a)(2) of the Act.\17\
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    \16\ See letters from AMFM and Sujani entitled, ``Grain-Oriented 
Electrical Steel From The Czech Republic: Request To Postpone Final 
Determination,'' dated April 30, 2014.
    \17\ See 19 CFR 351.210(b)(2) and (e).
---------------------------------------------------------------------------

International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, we will notify the 
ITC of our affirmative preliminary determination of sales at LTFV. If 
our final determination in this investigation is affirmative, section 
735(b)(2) of the Act requires that the ITC make its final determination 
as to whether the domestic industry in the United States is materially 
injured, or threatened with material injury, by reason of imports of 
GOES from the Czech Republic before the later of 120 days after the 
date of this preliminary determination or 45 days after our final 
determination.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act.

    Dated: May 2, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The scope of the investigation covers grain-oriented silicon 
electrical steel (GOES). GOES is a flat-rolled alloy steel product 
containing by weight at least 0.6 percent but not more than 6 
percent of silicon, not more than 0.08 percent of carbon, not more 
than 1.0 percent of aluminum, and no other element in an amount that 
would give the steel the characteristics of another alloy steel, in 
coils or in straight lengths. The GOES that is subject to this 
investigation is currently classifiable under subheadings 
7225.11.0000, 7226.11.1000, 7226.11.9030, and 7226.11.9060 of the 
Harmonized Tariff

[[Page 26720]]

Schedule of the United States (HTSUS). Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope of this investigation is 
dispositive. Excluded are flat-rolled products not in coils that, 
prior to importation into the United States, have been cut to a 
shape and undergone all punching, coating, or other operations 
necessary for classification in Chapter 85 of the HTSUS as a 
transformer part (i.e., laminations).

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Background
3. Period of Investigation
4. Scope of the Investigation
5. Scope Comments
6. Product Comparisons
7. Respondent Selection
8. Critical Circumstances
9. Discussion of the Methodology
    a. Determination of the Comparison Method
    b. Results of the Differential Pricing Analysis
    c. Date of Sale
    d. Export Price/Constructed Export Price
    i. AMFM
    ii. Sujani
e. Normal Value
    i. Home Market Viability
    ii. Particular Market Situation
    iii. Affiliated-Party Transactions and Arm's-Length Test
    iv. Level of Trade
    1. AMFM
    2. Sujani
    f. Cost of Production Analysis
    i. Calculation of Cost of Production
    ii. Test of Comparison Market Prices
    iii. Results of COP Test
    g. Calculation of NV Based on Comparison Market Prices
    i. AMFM
    ii. Sujani
10. Currency Conversion
11. Conclusion

[FR Doc. 2014-10700 Filed 5-8-14; 8:45 am]
BILLING CODE 3510-DS-P
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