Grain-Oriented Electrical Steel From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 26936-26939 [2014-10745]
Download as PDF
<![CDATA[
26936
Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Notices
applied to companies covered by this
order, but not examined in this review,
are those established in the most
recently completed administrative
proceeding for each company. The cash
deposit rates for all companies not
covered by this review are not changed
by the results of this review, and remain
in effect until further notice.
Return or Destruction of Proprietary
Information
Dated: May 6, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
I. Summary
II. Period of Review
III. Scope of the Order
IV. Attribution of Subsidies
V. Allocation Period
VI. Subsidies Valuation Information—
Benchmarks and Discount Rate
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Whether the Department Should
Countervail Long-Term Policy Loans
Provided by the State Bank of India
Comment 2: Whether the Department Should
Revise AR Printing’s Sales Denominator
Comment 3: Whether AR Printing Was
Uncreditworthy in 2010
Comment 4: Whether Certain Benefits Under
the Duty-Free Import of Capital Goods
and Raw Materials for Export Oriented
Units (EOUs) Program Were Tied to NonSubject Merchandise
IX. Recommendation
emcdonald on DSK67QTVN1PROD with NOTICES
[C–570–009]
Calcium Hypochlorite From the
People’s Republic of China: Notice of
Postponement of Preliminary
Determination in the Countervailing
Duty Investigation
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 12, 2014.
FOR FURTHER INFORMATION CONTACT:
Katie Marksberry, AD/CVD Operations,
Office V, Enforcement and Compliance,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: 202–
482–7906.
SUPPLEMENTARY INFORMATION:
Background
On January 7, 2014, the Department of
Commerce (‘‘Department’’) initiated the
countervailing duty investigation of
calcium hypochlorite from the People’s
Republic of China.1 Currently, the
preliminary determination is due no
later than March 13, 2014.
Postponement of Due Date for
Preliminary Determination
Appendix
BILLING CODE 3510–DS–P
International Trade Administration
AGENCY:
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). 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 the terms of an
APO is a sanctionable violation.
We are issuing and publishing these
final results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
[FR Doc. 2014–10861 Filed 5–9–14; 8:45 am]
DEPARTMENT OF COMMERCE
Section 703(b)(1) of the Tariff Act of
1930, as amended (‘‘the Act’’), requires
the Department to issue the preliminary
determination in a countervailing duty
investigation within 65 days after the
date on which the Department initiated
the investigation. However, the
Department may postpone making the
preliminary determination until no later
than 130 days after the date on which
the administering authority initiated the
investigation if the petitioner makes a
timely request for an extension pursuant
to section 703(c)(1)(A) of the Act. In the
instant investigation, Petitioner 2 made a
timely request on February 12, 2014,
requesting a postponement of the
preliminary determination pursuant to
19 CFR 351.205(b)(2).3 Therefore,
pursuant to the discretion afforded the
Department under section 703(c)(1)(A)
of the Act and because the Department
does not find any compelling reason to
deny the request, we are fully
postponing the due date until 130 days
1 See
Calcium Hypochlorite From the People’s
Republic of China: Initiation of Countervailing Duty
Investigation, 79 FR 2417 (January 14, 2014).
2 Arch Chemicals, Inc.
3 See 19 CFR 351.205(e) and Petitioner’s February
12, 2014 letter requesting postponement of the
preliminary determination.
VerDate Mar<15>2010
18:00 May 09, 2014
Jkt 232001
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
after the Department’s initiation for the
preliminary determination. Therefore,
the deadline for the completion of the
preliminary determination is now May
19, 2014.4
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: February 21, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–10846 Filed 5–9–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–994]
Grain-Oriented Electrical Steel From
the People’s Republic of China:
Preliminary Determination of Sales at
Less Than Fair Value and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(the Department) preliminarily
determines that grain-oriented electrical
steel (GOES) from the People’s Republic
of China (the PRC) is being, or is likely
to be, sold in the United States at less
than fair value, as provided in section
733(b) of the Tariff Act of 1930, as
amended (the Act). The period of
investigation is January 1, 2013, through
June 30, 2013. The estimated weightedaverage dumping margin is listed in the
‘‘Preliminary Determination’’ section of
this notice. Interested parties are invited
to comment on this preliminary
determination.
SUMMARY:
DATES:
Effective Date: May 12, 2014.
FOR FURTHER INFORMATION CONTACT:
Edythe Artman or Ericka Ukrow, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3931 or (202) 482–
0405, respectively.
SUPPLEMENTARY INFORMATION:
4 Department practice dictates that where a
deadline falls on a weekend or federal holiday, the
appropriate deadline is the next business day. 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, 24533 (May 10,
2005).
E:\FR\FM\12MYN1.SGM
12MYN1
26937
Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Notices
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
dated concurrently with and hereby
adopted by this notice.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 (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 versions of the
Preliminary Decision Memorandum are
identical in content.
Scope of the Investigation
The scope of this 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 a discussion of these
comments, see the Preliminary Decision
Memorandum.
emcdonald on DSK67QTVN1PROD with NOTICES
Tolling and Postponement of the
Deadline for the 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 this
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 (October 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 Less-Than-FairValue Investigation of Grain-Oriented Electrical
Steel from the People’s Republic of China’’
(Preliminary Decision Memorandum).
VerDate Mar<15>2010
18:00 May 09, 2014
Jkt 232001
proceeding have been extended by 16
days.3 In accordance with the
Department’s practice, if a new deadline
falls on a non-business day, 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 investigation
and the other concurrent investigations
of GOES, 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
determination 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.
rationale underlying our conclusions,
see the Preliminary Decision
Memorandum. A list of the topics
included in the Preliminary Decision
Memorandum appears in Appendix II of
this notice.
Methodology
Disclosure
The Department conducted this
investigation in accordance with section
731 of the Act. We preliminarily
determine that the only respondent
being individually investigated,
Baoshan Iron & Steel Co., Ltd.
(Baoshan), failed to cooperate to the best
of its ability in participating in the
investigation, warranting the
application of facts otherwise available
with adverse inferences, pursuant to
section 776(a)–(b) of the Act. As a part
of the application of adverse facts
available, we are treating Baoshan as
part of the PRC-wide entity. Because the
PRC-wide entity also failed to cooperate
to the best of its ability in complying
with our requests for information, we
determined an estimated weightedaverage dumping margin based on
adverse facts available for the PRC-wide
entity, which includes Baoshan.7 For a
full description of the methodology and
Normally, the Department discloses to
interested parties the calculations
performed in connection with a
preliminary determination within five
days of the date of publication of the
notice of preliminary determination in
the Federal Register, in accordance with
19 CFR 351.224(b). However, because
the Department, in accordance with
section 776 of the Act, preliminarily
applied adverse facts available to
determine the estimated weightedaverage dumping margin for the
mandatory respondent in this
investigation, there are no calculations
to disclose.
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
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 Anshan Iron & Steel Group Corporation
(Anshan) failed to provide quantity and value data
upon initiation of this investigation.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
Preliminary Determination
The Department preliminarily
determined that the following estimated
weighted-average dumping margin
exists for the period January 1, 2013,
through June 30, 2013:
Producer and exporter
Estimated
weighted-average
dumping margin
(percent)
PRC-wide entity 8 ..........
159.21
Verification
Because Baoshan is the only
mandatory respondent in this
investigation and because the
Department preliminarily determines it
to be uncooperative and its information
to be unreliable, the Department does
not intend to conduct verification of the
information placed in the record by
Baoshan at this time.
Public Comment
Interested parties are invited to
comment on this preliminary
determination. Interested parties may
submit case briefs to the Department no
later than 50 days after the date of
publication of this preliminary
determination.9 Rebuttal briefs, the
content of which is limited to the issues
raised in the case briefs, must be filed
8 The PRC-wide entity includes all producers and
exporters of GOES from the PRC, including each of
the companies identified in the petition that did not
establish that they are separate from the PRC-wide
entity in this investigation: Baoshan, Anshan, Hebei
Shougang Qian’ an Iron & Steel Co., Ltd., and
Wuhan Iron & Steel Co., Ltd.
9 See 19 CFR 351.309(c)(1)(i).
E:\FR\FM\12MYN1.SGM
12MYN1
26938
Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Notices
emcdonald on DSK67QTVN1PROD with NOTICES
within five days from the deadline date
for the submission of case briefs.10 A list
of authorities used, a table of contents,
and an executive summary of issues
should accompany any briefs submitted
to the Department.11 Executive
summaries should be limited to five
pages total, including footnotes.
Interested parties who wish to comment
on this preliminary determination must
file briefs electronically using IA
ACCESS. An electronically-filed
document must be received successfully
in its entirety by 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,
to afford interested parties an
opportunity to comment on arguments
raised in case or rebuttal briefs,
provided that such a hearing is timely
requested by an interested party.12
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, via IA
ACCESS within 30 days after the date of
publication of this notice.13 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. If a request
for a hearing is made, we will inform
parties of the scheduled date and time
of the hearing which will be held at the
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230.14 Parties may
confirm by telephone the date, time, and
location of the hearing.
Postponement of Final Determination
and Extension of Provisional Measures
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 merchandise subject to
the investigation or, in the event of a
negative preliminary determination, a
request for such postponement is made
by the petitioners. Section 19 CFR
351.210(e)(2) requires that requests by
respondents for postponement of a final
10 See
19 CFR 351.309(d)(1)–(2).
11 See 19 CFR 351.309(c)(2) and (d)(2).
12 See also 19 CFR 351.310.
13 Id.
14 Id.
VerDate Mar<15>2010
18:00 May 09, 2014
Jkt 232001
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.
On April 2, 2014, Baoshan 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 the date of publication
of the preliminary determination) and
agreed to extend the application of the
provisional measures, as 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.15 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, in accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), until no later than
135 days after the publication of this
notice in the Federal Register and we
are 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.16
In accordance with section 733(d)(2)
of the Act, we will instruct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of all entries of
GOES from the PRC, as described in the
scope of the investigation of Appendix
I of this notice, which are entered or
withdrawn from warehouse for
consumption on or after the date of
publication of this notice in the Federal
Register.17
Pursuant to section 733(d) of the Act
and 19 CFR 351.205(d), we will instruct
CBP to require a cash deposit 18 equal to
the estimated weighted-average
dumping margin, as indicated in the
chart above. This suspension of
liquidation will remain in effect until
further notice.
15 See letter from Baoshan entitled,
‘‘Antidumping Duty Investigation of Grain-Oriented
Electrical Steel from People’s Republic of China:
Postponement Request of Final Determination,’’
dated April 2, 2014.
16 See 19 CFR 351.210(b)(2) and (e).
17 See section 733(d)(2) of the Act.
18 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).
Frm 00006
Fmt 4703
Sfmt 4703
Notice to Interested Parties
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
Suspension of Liquidation
PO 00000
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, we will notify the U.S.
International Trade Commission (ITC) of
our affirmative preliminary
determination of sales at less than fair
value. Because our preliminary
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 PRC before the later of
120 days after the date of this
preliminary determination or 45 days
after our final determination. Because
we are postponing the deadline for our
final determination to 135 days from the
date of the publication of this
preliminary determination, as discussed
above, the ITC will make its final
determination no later than 45 days
after our final determination.
Scope of the Investigation
The scope of this investigation covers
GOES. GOES is a flat-rolled alloy steel
product containing by weight at least 0.6
percent but not more than 6 percent of
silicon, not more than 0.08 percent of carbon,
not more than 1.0 percent of aluminum, and
no other element in an amount that would
give the steel the characteristics of another
alloy steel, in coils or in straight lengths. The
GOES that is subject to this investigation is
currently classifiable under subheadings
7225.11.0000, 7226.11.1000, 7226.11.9030,
and 7226.11.9060 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of these investigations 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
1. Summary
2. Background
3. Scope of the Investigation
4. Scope Comments
5. Product Comparisons
6. Respondent Selection
E:\FR\FM\12MYN1.SGM
12MYN1
Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Notices
7. Discussion of the Methodology
8. Non-Market Economy Country Status
9. Separate Rates Determination
10. The PRC-Wide Entity
A. Use of Facts Available and Adverse
Facts Available
B. Application of Total Adverse Facts
Available to the PRC-Wide Entity
C. Selection of an Adverse-Facts-Available
Rate
D. Corroboration of Secondary Information
11. Recommendation
[FR Doc. 2014–10745 Filed 5–9–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–871]
Grain-Oriented Electrical Steel From
the Republic of Korea: Preliminary
Determination of Sales at Less Than
Fair Value 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 Republic of Korea
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:
Effective Date: May 12, 2014.
FOR FURTHER INFORMATION CONTACT:
Mark Flessner or Robert James, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–6312 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
DATES:
emcdonald on DSK67QTVN1PROD with NOTICES
Background
The Department initiated this
investigation on October 24, 2013.1 For
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 (October 31, 2013)
(Initiation Notice). AK Steel Corporation, Allegheny
Ludlum, LLC, and the United Steelworkers
VerDate Mar<15>2010
18:00 May 09, 2014
Jkt 232001
a complete description of the events that
followed the initiation of this
investigation, see the Preliminary
Decision Memorandum dated
concurrently with and hereby adopted
by this notice.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
(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.
26939
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 LTFV investigations,
pursuant to section 733(c)(1)(A) of the
Act and 19 CFR 351.205(e). On February
20, 2014, we postponed the preliminary
determinations by 50 days.5 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
Scope of the Investigation
The scope of the investigation covers
grain-oriented electrical steel, 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.
The Department conducted this
investigation in accordance with section
731 of the Act. Export price (EP) is
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. A list of the
topics included in the Preliminary
Decision Memorandum is included in
Appendix II to this notice.
Preliminary Determination
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
(collectively, the petitioners) filed the underlying
petitions. Id., at 65283.
2 See memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, from
Gary Taverman, Senior Advisor 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 Republic of Korea’’ (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.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
The preliminary estimated weightedaverage dumping margins are as follows:
Producer or exporter
POSCO .....................................
All Others ..................................
Estimated
weightedaverage
dumping
margin
(percent)
5.34
5.34
Disclosure
We will disclose the calculations
performed to parties in this proceeding
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i) of the
Act, we intend to verify information
relied upon in making our final
determination.
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 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).
E:\FR\FM\12MYN1.SGM
12MYN1
]]>Agencies
[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Notices]
[Pages 26936-26939]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10745]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-994]
Grain-Oriented Electrical Steel From the People's Republic of
China: Preliminary Determination of Sales at Less Than Fair Value 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
People's Republic of China (the PRC) is being, or is likely to be, sold
in the United States at less than fair value, as provided in section
733(b) of the Tariff Act of 1930, as amended (the Act). The period of
investigation is January 1, 2013, through June 30, 2013. The estimated
weighted-average dumping margin is listed in the ``Preliminary
Determination'' section of this notice. Interested parties are invited
to comment on this preliminary determination.
DATES: Effective Date: May 12, 2014.
FOR FURTHER INFORMATION CONTACT: Edythe Artman or Ericka Ukrow, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3931 or (202) 482-0405, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 26937]]
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 dated concurrently with and
hereby adopted by this notice.\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 (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
versions 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 (October 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 Less-Than-Fair-Value Investigation of Grain-Oriented Electrical
Steel from the People's Republic of China'' (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The scope of this 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 a discussion
of these comments, see the Preliminary Decision Memorandum.
Tolling and Postponement of the Deadline for the 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 this proceeding have been extended by 16
days.\3\ In accordance with the Department's practice, if a new
deadline falls on a non-business day, the deadline will become the next
business day.\4\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
On February 10, 2014, the petitioners made a timely request for a
50-day postponement of the preliminary determinations for this
investigation and the other concurrent investigations of GOES, 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 determination 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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
Methodology
The Department conducted this investigation in accordance with
section 731 of the Act. We preliminarily determine that the only
respondent being individually investigated, Baoshan Iron & Steel Co.,
Ltd. (Baoshan), failed to cooperate to the best of its ability in
participating in the investigation, warranting the application of facts
otherwise available with adverse inferences, pursuant to section
776(a)-(b) of the Act. As a part of the application of adverse facts
available, we are treating Baoshan as part of the PRC-wide entity.
Because the PRC-wide entity also failed to cooperate to the best of its
ability in complying with our requests for information, we determined
an estimated weighted-average dumping margin based on adverse facts
available for the PRC-wide entity, which includes Baoshan.\7\ For a
full description of the methodology and rationale underlying our
conclusions, see the Preliminary Decision Memorandum. A list of the
topics included in the Preliminary Decision Memorandum appears in
Appendix II of this notice.
---------------------------------------------------------------------------
\7\ Anshan Iron & Steel Group Corporation (Anshan) failed to
provide quantity and value data upon initiation of this
investigation.
---------------------------------------------------------------------------
Preliminary Determination
The Department preliminarily determined that the following
estimated weighted-average dumping margin exists for the period January
1, 2013, through June 30, 2013:
------------------------------------------------------------------------
Estimated weighted-
Producer and exporter average dumping
margin (percent)
------------------------------------------------------------------------
PRC-wide entity \8\................................ 159.21
------------------------------------------------------------------------
---------------------------------------------------------------------------
\8\ The PRC-wide entity includes all producers and exporters of
GOES from the PRC, including each of the companies identified in the
petition that did not establish that they are separate from the PRC-
wide entity in this investigation: Baoshan, Anshan, Hebei Shougang
Qian' an Iron & Steel Co., Ltd., and Wuhan Iron & Steel Co., Ltd.
---------------------------------------------------------------------------
Disclosure
Normally, the Department discloses to interested parties the
calculations performed in connection with a preliminary determination
within five days of the date of publication of the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because the Department, in accordance with
section 776 of the Act, preliminarily applied adverse facts available
to determine the estimated weighted-average dumping margin for the
mandatory respondent in this investigation, there are no calculations
to disclose.
Verification
Because Baoshan is the only mandatory respondent in this
investigation and because the Department preliminarily determines it to
be uncooperative and its information to be unreliable, the Department
does not intend to conduct verification of the information placed in
the record by Baoshan at this time.
Public Comment
Interested parties are invited to comment on this preliminary
determination. Interested parties may submit case briefs to the
Department no later than 50 days after the date of publication of this
preliminary determination.\9\ Rebuttal briefs, the content of which is
limited to the issues raised in the case briefs, must be filed
[[Page 26938]]
within five days from the deadline date for the submission of case
briefs.\10\ A list of authorities used, a table of contents, and an
executive summary of issues should accompany any briefs submitted to
the Department.\11\ Executive summaries should be limited to five pages
total, including footnotes. Interested parties who wish to comment on
this preliminary determination must file briefs electronically using IA
ACCESS. An electronically-filed document must be received successfully
in its entirety by IA ACCESS by 5 p.m. Eastern Standard Time on the
date the document is due.
---------------------------------------------------------------------------
\9\ See 19 CFR 351.309(c)(1)(i).
\10\ See 19 CFR 351.309(d)(1)-(2).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
In accordance with section 774 of the Act, the Department will hold
a hearing, to afford interested parties an opportunity to comment on
arguments raised in case or rebuttal briefs, provided that such a
hearing is timely requested by an interested party.\12\ 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, via IA ACCESS
within 30 days after the date of publication of this notice.\13\
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. If a request for a
hearing is made, we will inform parties of the scheduled date and time
of the hearing which will be held at the U.S. Department of Commerce,
14th Street and Constitution Avenue NW., Washington, DC 20230.\14\
Parties may confirm by telephone the date, time, and location of the
hearing.
---------------------------------------------------------------------------
\12\ See also 19 CFR 351.310.
\13\ Id.
\14\ Id.
---------------------------------------------------------------------------
Postponement of Final Determination and Extension of Provisional
Measures
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 merchandise subject to the investigation or, in the
event of a negative preliminary determination, a request for such
postponement is made by the petitioners. Section 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.
On April 2, 2014, Baoshan 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 the date of publication of the preliminary determination)
and agreed to extend the application of the provisional measures, as
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.\15\
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, in
accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), until no later than 135 days after the publication
of this notice in the Federal Register and we are 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.\16\
---------------------------------------------------------------------------
\15\ See letter from Baoshan entitled, ``Antidumping Duty
Investigation of Grain-Oriented Electrical Steel from People's
Republic of China: Postponement Request of Final Determination,''
dated April 2, 2014.
\16\ See 19 CFR 351.210(b)(2) and (e).
---------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we will instruct
U.S. Customs and Border Protection (CBP) to suspend liquidation of all
entries of GOES from the PRC, as described in the scope of the
investigation of Appendix I of this notice, which are entered or
withdrawn from warehouse for consumption on or after the date of
publication of this notice in the Federal Register.\17\
---------------------------------------------------------------------------
\17\ See section 733(d)(2) of the Act.
---------------------------------------------------------------------------
Pursuant to section 733(d) of the Act and 19 CFR 351.205(d), we
will instruct CBP to require a cash deposit \18\ equal to the estimated
weighted-average dumping margin, as indicated in the chart above. This
suspension of liquidation will remain in effect until further notice.
---------------------------------------------------------------------------
\18\ 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).
---------------------------------------------------------------------------
U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, we will notify the
U.S. International Trade Commission (ITC) of our affirmative
preliminary determination of sales at less than fair value. Because our
preliminary 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 PRC before the later of 120 days after the date of this
preliminary determination or 45 days after our final determination.
Because we are postponing the deadline for our final determination to
135 days from the date of the publication of this preliminary
determination, as discussed above, the ITC will make its final
determination no later than 45 days after our final determination.
Notice to Interested Parties
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 this investigation covers GOES. GOES is a flat-
rolled alloy steel product containing by weight at least 0.6 percent
but not more than 6 percent of silicon, not more than 0.08 percent
of carbon, not more than 1.0 percent of aluminum, and no other
element in an amount that would give the steel the characteristics
of another alloy steel, in coils or in straight lengths. The GOES
that is subject to this investigation is currently classifiable
under subheadings 7225.11.0000, 7226.11.1000, 7226.11.9030, and
7226.11.9060 of the Harmonized Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the scope of these
investigations 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
1. Summary
2. Background
3. Scope of the Investigation
4. Scope Comments
5. Product Comparisons
6. Respondent Selection
[[Page 26939]]
7. Discussion of the Methodology
8. Non-Market Economy Country Status
9. Separate Rates Determination
10. The PRC-Wide Entity
A. Use of Facts Available and Adverse Facts Available
B. Application of Total Adverse Facts Available to the PRC-Wide
Entity
C. Selection of an Adverse-Facts-Available Rate
D. Corroboration of Secondary Information
11. Recommendation
[FR Doc. 2014-10745 Filed 5-9-14; 8:45 am]
BILLING CODE 3510-DS-P
