Grain-Oriented Electrical Steel From the Republic of Korea: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 26939-26941 [2014-10748]
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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
26940
Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Notices
Public Comment
Interested parties are invited to
comment on the preliminary
determination. Interested parties may
submit case briefs to the Department no
later 30 days after the date of
publication of the preliminary
determination.6 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.7 A list
of authorities used, a table of contents,
and an executive summary of issues
should accompany any briefs submitted
to the Department.8 Executive
summaries should be limited to five
pages total, including footnotes.
Interested parties who wish to comment
on the 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,
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.9
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, within 30 days after the
date of publication of this notice.10
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.11 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 20230.12 Parties should
confirm by telephone the date, time, and
location of the hearing.
emcdonald on DSK67QTVN1PROD with NOTICES
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
6 See
19 CFR 351.309(c)(1)(i).
19 CFR 351.309(d)(1) and 19 CFR
351.309(d)(2).
8 See 19 CFR 351.309(c)(2).
9 See also 19 CFR 351.310.
10 See 19 CFR 351.310(c).
11 Id.
12 See 19 CFR 351.310.
7 See
VerDate Mar<15>2010
18:00 May 09, 2014
Jkt 232001
liquidation of all entries of GOES from
the Republic of Korea as described in
the scope of the investigation section
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of this notice in the Federal
Register.
Pursuant to 19 CFR 351.205(d), the
Department will instruct CBP to require
a cash deposit 13 equal to the
preliminary weighted-average amount
by which NV exceeds U.S. price, as
indicated in the chart above, as follows:
(1) The rate for POSCO will be the
estimated weighted-average dumping
margin we determine in this
preliminary determination; (2) if the
exporter is not a firm identified in this
investigation, but the producer is, then
the rate will be the rate established for
the producer of the subject
merchandise; (3) the rate for all other
producers or exporters will be 5.34
percent. 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 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.
Respondent POSCO 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.14 In accordance with
13 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).
14 See letter from POSCO entitled, ‘‘Antidumping
Duty Investigation of Grain-Oriented Electrical Steel
from the Republic of Korea: Postponement Request
of Final Determination,’’ dated February 5, 2014.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
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.15
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, we will notify the ITC of our
preliminary affirmative determination of
sales at LTFV. Because the preliminary
determination in this proceeding 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 Republic of Korea no
later than 45 days after our final
determination.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: May 2, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
The scope of this 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
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
15 See
E:\FR\FM\12MYN1.SGM
19 CFR 351.210(b)(2) and (e).
12MYN1
Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Notices
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
emcdonald on DSK67QTVN1PROD with NOTICES
1. Summary
2. Background
3. Period of Investigation
4. Scope of the Investigation
5. Scope Comments
6. Product Comparisons
7. Respondent Selection
8. Discussion of Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
C. Date of Sale
D. Export Price
E. Normal Value
9. Currency Conversion
10. Conclusion
482–1131 (Japan); Alan Ray at (202)
482–5403 (Poland); or Elizabeth
Eastwood at (202) 482–3874 (Russia);
AD/CVD Operations, 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 these
investigations on October 24, 2013.1 For
a complete description of the events that
followed the initiation of these
investigations, see the country-specific
memoranda that are dated concurrently
with and hereby adopted by this notice
(collectively, Preliminary Decision
Memoranda).2 The Preliminary Decision
Memoranda are public documents and
are on file electronically via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
[FR Doc. 2014–10748 Filed 5–9–14; 8:45 am]
(IA ACCESS). IA ACCESS is available to
BILLING CODE 3510–DS–P
registered users at https://
iaaccess.trade.gov, and is available to all
parties in the Central Records Unit,
DEPARTMENT OF COMMERCE
room 7046 of the main Department of
International Trade Administration
Commerce building. In addition,
complete versions of the Preliminary
[A–428–842, A–588–871, A–455–804, A–821–
Decision Memoranda can be accessed
821]
directly on the Internet at https://
enforcement.trade.gov/frn/. The signed
Grain-Oriented Electrical Steel From
Preliminary Decision Memoranda and
Germany, Japan, Poland, and the
the electronic versions of the
Russian Federation: Preliminary
Preliminary Decision Memoranda are
Determinations of Sales at Less Than
identical in content.
Fair Value, Certain Affirmative
Preliminary Determinations of Critical
Scope of the Investigations
Circumstances, and Postponement of
The scope of the investigations covers
Russian Final Determination
GOES, which is a flat-rolled alloy steel
AGENCY: Enforcement and Compliance,
product containing by weight specific
International Trade Administration,
levels of silicon, carbon, and aluminum.
Department of Commerce.
1 See Grain-Oriented Electrical Steel from the
SUMMARY: The Department of Commerce
People’s Republic of China, the Czech Republic,
(the Department) preliminarily
Germany, Japan, the Republic of Korea, Poland, and
determines that grain-oriented electrical the Russian Federation: Initiation of Antidumping
steel (GOES) from Germany, Japan,
Duty Investigations, 78 FR 65283 (Oct. 31, 2013)
(Initiation Notice). AK Steel Corporation, Allegheny
Poland, and the Russian Federation
Ludlum, LLC, and the United Steelworkers
(Russia) is being, or is likely to be, sold
(collectively, the petitioners) filed the underlying
in the United States at less than fair
petitions. Id., at 65283.
2 See memoranda to Paul Piquado, Assistant
value (LTFV), as provided in section
Secretary for Enforcement and Compliance, from
733(b) of the Tariff Act of 1930, as
Christian Marsh, Deputy Assistant Secretary for
amended (the Act). The period of
Antidumping and Countervailing Duty Operations
investigation (POI) is July 1, 2012,
entitled: ‘‘Decision Memorandum for the
through June 30, 2013. The estimated
Preliminary Determination of the Antidumping
Duty Investigation of Grain-Oriented Electrical Steel
dumping margins of sales at LTFV are
from Germany’’; ‘‘Decision Memorandum for the
listed in the ‘‘Preliminary
Preliminary Determination of the Antidumping
Determinations’’ section of this notice.
Duty Investigation of Grain-Oriented Electrical Steel
Interested parties are invited to
from Japan’’; ‘‘Decision Memorandum for the
Preliminary Determination of the Antidumping
comment on these preliminary
Duty Investigation of Grain-Oriented Electrical Steel
determinations.
Effective Date: May 12, 2014.
FOR FURTHER INFORMATION CONTACT:
Stephen Banea at (202) 482–0656
(Germany); Steve Bezirganian at (202)
DATES:
VerDate Mar<15>2010
18:00 May 09, 2014
Jkt 232001
from Poland’’ (Poland Preliminary Decision
Memorandum); and ‘‘Decision Memorandum for the
Preliminary Determination of the Antidumping
Duty Investigation of Grain-Oriented Electrical Steel
from the Russian Federation’’ (Russia Preliminary
Decision Memorandum).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
26941
For a complete description of the scope
of the investigations, see Appendix I to
this notice.
Various parties submitted comments
on the scope. For discussion of these
comments, see the Preliminary Decision
Memoranda.
Tolling and Postponement of Deadline
for Preliminary Determinations
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 these
proceedings 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 these 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
determinations of these investigations is
now May 2, 2014.
Methodology
The Department conducted these
investigations in accordance with
section 731 of the Act. The selected
mandatory respondents in the Germany,
Japan, and Poland investigations failed
to respond to the Department’s
questionnaire or otherwise participate
in those proceedings. Further, in the
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).
E:\FR\FM\12MYN1.SGM
12MYN1
]]>Agencies
[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Notices]
[Pages 26939-26941]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10748]
-----------------------------------------------------------------------
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
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
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.
DATES: 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:
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 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.
---------------------------------------------------------------------------
\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 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).
---------------------------------------------------------------------------
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.
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\
---------------------------------------------------------------------------
\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 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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
Methodology
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
The preliminary estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
POSCO...................................................... 5.34
All Others................................................. 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.
[[Page 26940]]
Public Comment
Interested parties are invited to comment on the preliminary
determination. Interested parties may submit case briefs to the
Department no later 30 days after the date of publication of the
preliminary determination.\6\ 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.\7\
A list of authorities used, a table of contents, and an executive
summary of issues should accompany any briefs submitted to the
Department.\8\ Executive summaries should be limited to five pages
total, including footnotes. Interested parties who wish to comment on
the 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.
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\6\ See 19 CFR 351.309(c)(1)(i).
\7\ See 19 CFR 351.309(d)(1) and 19 CFR 351.309(d)(2).
\8\ See 19 CFR 351.309(c)(2).
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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.\9\
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, within 30 days
after the date of publication of this notice.\10\ 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.\11\ 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.\12\ Parties should
confirm by telephone the date, time, and location of the hearing.
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\9\ See also 19 CFR 351.310.
\10\ See 19 CFR 351.310(c).
\11\ Id.
\12\ See 19 CFR 351.310.
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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 GOES from the Republic of Korea as described in the scope of
the investigation section entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice in the
Federal Register.
Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to
require a cash deposit \13\ equal to the preliminary weighted-average
amount by which NV exceeds U.S. price, as indicated in the chart above,
as follows: (1) The rate for POSCO will be the estimated weighted-
average dumping margin we determine in this preliminary determination;
(2) if the exporter is not a firm identified in this investigation, but
the producer is, then the rate will be the rate established for the
producer of the subject merchandise; (3) the rate for all other
producers or exporters will be 5.34 percent. These suspension of
liquidation instructions will remain in effect until further notice.
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\13\ 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
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.
Respondent POSCO 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.\14\ 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.\15\
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\14\ See letter from POSCO entitled, ``Antidumping Duty
Investigation of Grain-Oriented Electrical Steel from the Republic
of Korea: Postponement Request of Final Determination,'' dated
February 5, 2014.
\15\ See 19 CFR 351.210(b)(2) and (e).
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International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we will notify the
ITC of our preliminary affirmative determination of sales at LTFV.
Because the preliminary determination in this proceeding 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 Republic of Korea no
later than 45 days after our final determination.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: May 2, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The scope of this 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 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
[[Page 26941]]
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. Discussion of Methodology
A. Determination of the Comparison Method
B. Results of the Differential Pricing Analysis
C. Date of Sale
D. Export Price
E. Normal Value
9. Currency Conversion
10. Conclusion
[FR Doc. 2014-10748 Filed 5-9-14; 8:45 am]
BILLING CODE 3510-DS-P
