Non-Oriented Electrical Steel From the People's Republic of China: Preliminary Affirmative Determinations of Sales at Less Than Fair Value and Critical Circumstances, 29421-29423 [2014-11900]
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Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Notices
zero cash deposit will be required); (2)
for previously investigated or reviewed
PRC and non-PRC exporters not listed
above that received a separate rate in a
prior segment of this proceeding, the
cash deposit rate will continue to be the
existing exporter-specific rate; (3) for all
PRC exporters of subject merchandise
that have not been found to be entitled
to a separate rate, the cash deposit rate
will be that for the PRC-wide entity; and
(4) for all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter that supplied that non-PRC
exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
This administrative review and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.221(b)(4).
Dated: May 16, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
mstockstill on DSK4VPTVN1PROD with NOTICES
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Background
2. Respondent Selection
3. Scope of the Order
4. Preliminary Determination of No
Shipments
5. Non-Market Economy Country
6. Separate Rates
7. Separate Rate Calculation
8. Vietnam-Wide Entity
9. Surrogate Country and Surrogate Value
Data
10. Surrogate Country
11. Economic Comparability
12. Significant Producers of Comparable
Merchandise
13. Data Availability
14. Date of Sale
15. Determination of Comparison Method
16. U.S. Price
17. Factor Valuations
18. Currency Conversion
[FR Doc. 2014–11892 Filed 5–21–14; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–996]
Non-Oriented Electrical Steel From the
People’s Republic of China:
Preliminary Affirmative Determinations
of Sales at Less Than Fair Value and
Critical Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that non-oriented electrical
steel (NOES) from the People’s Republic
of China (the PRC) is being, or is likely
to be, sold to 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 January 1, 2013,
through June 30, 2013. The dumping
margin is shown in the ‘‘Preliminary
Determination and Suspension of
Liquidation’’ section of this notice.
Interested parties are invited to
comment on this preliminary
determination.
DATES: Effective May 22, 2014.
FOR FURTHER INFORMATION CONTACT:
Sandra Dreisonstok or Yang Jin Chun,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0768 and (202) 482–5760,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Investigation
The merchandise subject to this
investigation consists of non-oriented
electrical steel (NOES), which includes
cold-rolled, flat-rolled, alloy steel
products, whether or not in coils,
regardless of width, having an actual
thickness of 0.20 mm or more, in which
the core loss is substantially equal in
any direction of magnetization in the
plane of the material. The term
‘‘substantially equal’’ means that the
cross grain direction of core loss is no
more than 1.5 times the straight grain
direction (i.e., the rolling direction) of
core loss. NOES has a magnetic
permeability that does not exceed 1.65
Tesla when tested at a field of 800 A/
m (equivalent to 10 Oersteds) along (i.e.,
parallel to) the rolling direction of the
sheet (i.e., B800 value). NOES contains
by weight more than 1.00 percent of
silicon but less than 3.5 percent of
silicon, not more than 0.08 percent of
PO 00000
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Fmt 4703
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29421
carbon, and not more than 1.5 percent
of aluminum. NOES has a surface oxide
coating, to which an insulation coating
may be applied.
NOES is subject to this investigation
whether it is fully processed (i.e., fully
annealed to develop final magnetic
properties) or semi-processed (i.e.,
finished to final thickness and physical
form but not fully annealed to develop
final magnetic properties). Fully
processed NOES is typically made to the
requirements of ASTM specification A
677, Japanese Industrial Standards (JIS)
specification C 2552, and/or
International Electrotechnical
Commission (IEC) specification 60404–
8–4. Semi-processed NOES is typically
made to the requirements of ASTM
specification A 683. However, the scope
of this investigation is not limited to
merchandise meeting the ASTM, JIS and
IEC specifications noted immediately
above.
NOES is sometimes referred to as
cold-rolled non-oriented (CRNO), nongrain oriented (NGO), non-oriented
(NO), or cold-rolled non-grain oriented
(CRNGO) electrical steel. These terms
are interchangeable.
Excluded from the scope of this
investigation 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
Harmonized Tariff Schedule of the
United States (HTSUS) as a part (i.e.,
lamination) for use in a device such as
a motor, generator, or transformer.
The subject merchandise is provided
for in subheadings 7225.19.0000,
7226.19.1000, and 7226.19.9000 of the
HTSUS. Subject merchandise may also
be entered under subheadings
7225.50.8085, 7225.99.0090,
7226.92.5000, 7226.92.7050,
7226.92.8050, 7226.99.0180 of the
HTSUS. Although HTSUS subheadings
are provided for convenience and
customs purposes, the written
description of the scope is dispositive.
Scope Comments
For a complete discussion of scope
comments received from interested
parties and changes the Department
made to the scope of the investigation,
see Preliminary Decision
Memorandum.1 The ‘‘Scope of the
1 See Memorandum from Senior Advisor Gary
Taverman to Acting Assistant Secretary Ronald K.
Lorentzen entitled ‘‘Decision Memorandum for the
Preliminary Determination in the Less Than Fair
Value Investigation of Non-Oriented Electrical Steel
from the People’s Republic of China’’ dated
concurrently with this notice and hereby adopted
by this notice (Preliminary Decision Memorandum).
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Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Notices
Investigation’’ section above reflects all
changes.
Postponement of the Preliminary
Determination
On February 28, 2014, AK Steel
Corporation (the petitioner) made a
timely request for a 50-day
postponement of the preliminary
determinations for this and the other
concurrent NOES LTFV investigations,
pursuant to section 733(c)(1)(A) of the
Act and 19 CFR 351.205(b)(2) and (e).2
On March 5, 2014, we published our
notice of postponement of the
preliminary determinations by 50 days
in accordance with sections 733(c)(1)(A)
and (2) of the Act and 19 CFR
351.205(f).3 As a result of the
postponement, the revised deadline for
the preliminary determination of this
investigation is now May 15, 2014.
mstockstill on DSK4VPTVN1PROD with NOTICES
Methodology
The Department conducted this LTFV
investigation in accordance with section
731 of the Act. Because none of the
potential respondents in this
investigation submitted separate rate
applications, they are considered to be
part of the PRC-wide entity. Because the
PRC-wide entity did not provide
necessary quantity-and-value data the
Department requested, the PRC-wide
entity failed to cooperate by not acting
to the best of its ability. Therefore, the
Department is assigning to the PRCwide entity a rate based on facts
available with an adverse inference.4
For further information, see the
‘‘Application of Adverse Facts
Available’’ section in the Preliminary
Decision Memorandum.5 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
2 See letter from the petitioner to the Secretary of
Commerce, ‘‘Non-Oriented Electrical Steel from the
People’s Republic of China, Germany, Japan, the
Republic of Korea, Sweden and Taiwan: Request for
Postponement of the Preliminary Determinations,’’
dated February 28, 2014.
3 See Non-Oriented Electrical Steel from the
People’s Republic of China, Germany, Japan, the
Republic of Korea, Sweden and Taiwan:
Postponement of Preliminary Determinations of
Antidumping Duty Investigations, 79 FR 13987
(March 12, 2014).
4 See sections 776(a) and (b) of the Act.
5 See Preliminary Decision Memorandum.
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19:36 May 21, 2014
Jkt 232001
be accessed directly on the Internet at
https://www.trade.gov/enforcement/. The
signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Critical Circumstances
On March 6, 2014, the petitioner
alleged that critical circumstances exist
with respect to imports of NOES from
the PRC. In accordance with 19 CFR
351.206(c)(2)(i), because the critical
circumstances allegation was submitted
more than 20 days before the scheduled
date of the preliminary determination,
the Department must issue a
preliminary critical circumstances
determination not later than the date of
the preliminary determination.6
In accordance with section 733(e)(1)
of the Act, we preliminarily find critical
circumstances exist with respect to the
PRC-wide entity in this investigation.
For a full discussion of our preliminary
critical circumstances determination,
see the ‘‘Critical Circumstances’’ section
of the Preliminary Decision
Memorandum.
Preliminary Determination and
Suspension of Liquidation
The Department preliminarily assigns
the PRC-wide entity a rate of 407.52
percent as an adverse facts available
rate. As described above, the
Department found that critical
circumstances exist with respect to the
PRC-wide entity. Furthermore,
consistent with our practice, where the
product under investigation is also
subject to a concurrent countervailing
duty investigation, we instruct U.S.
Customs and Border Protection (CBP) to
require a cash deposit equal to the
amount by which the normal value
exceeds the export price or constructed
export price, less the amount of the
countervailing duty determined to
constitute an export subsidy. In this
LTFV investigation, with regard to PRCwide entity, export subsidies constitute
1.57 percent 7 of the preliminarily
6 See, e.g., Change in Policy Regarding Timing of
Issuance of Critical Circumstances Determinations,
63 FR 55364 (October 15, 1998).
7 The following subsidy programs in the
preliminary determination of the concurrent
countervailing duty investigation are export
subsidies: Preferential Export Financing from the
Export-Import Bank of China (1.06 percent) and Tax
Refunds for Reinvestment of FIE Profits in ExportOriented Enterprises (0.51 percent). See NonOriented Electrical Steel From the People’s
Republic of China: Preliminary Affirmative
Countervailing Duty Determination, Preliminary
Affirmative Critical Circumstances Determination,
and Alignment of Final Countervailing Duty
Determination With Final Antidumping Duty
Determination, 79 FR 16293 (March 25, 2014), and
the accompanying Preliminary Decision
Memorandum at 12–13.
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calculated countervailing duty rate in
the concurrent countervailing duty
investigation, and, thus, we will offset
the PRC-wide rate of 407.52 percent by
the countervailing duty rate attributable
to export subsidies (i.e., 1.57 percent) to
calculate the cash deposit rate for this
LTFV investigation. In accordance with
sections 733(e)(2)(A) of the Act, we will
direct CBP to suspend liquidation of all
entries of NOES from the PRC that are
entered, or withdrawn from warehouse,
for consumption on or after the date 90
days prior to the date of publication of
this notice in the Federal Register, and
to require a cash deposit for such
entries.
Disclosure and Public Comment
Because the Department has reached
its conclusions on the basis of adverse
facts available, the calculations
performed in connection with this
preliminary determination are not
proprietary in nature, and are described
in the Preliminary Decision
Memorandum. Case briefs may be
submitted to IA ACCESS no later than
30 days after the publication of this
preliminary determination in the
Federal Register, and rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than five days
after the deadline date for case briefs.8
Rebuttal briefs may respond only to
arguments raised in case briefs and
should identify the arguments to which
it is responding.9 For any briefs filed on
scope issues, parties must file separate
and identical documents on each of the
records for all of the concurrent LTFV
and countervailing duty investigations.
Parties who submit arguments are
requested to submit with the argument:
(1) A statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.10
Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request using IA ACCESS within 30
days after the publication of this
preliminary determination in the
Federal Register.11 An electronically
filed hearing request must be received
successfully in its entirety by IA
ACCESS by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice.12 Hearing
requests should contain the party’s
name, address, and telephone number;
the number of participants; and a list of
the issues to be discussed. If a hearing
8 See
19 CFR 351.309.
19 CFR 351.309(c)(2).
10 See 19 CFR 351.309(c)(2) and (d)(2).
11 See 19 CFR 351.310(c).
12 Id.
9 See
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Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Notices
request is submitted, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a date and
time to be determined. Parties will be
notified of the date and time of any
hearing.
U.S. International Trade Commission
(ITC) Notification
In accordance with section 733(f) of
the Act, we have notified 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
NOES from the PRC 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 and 19
CFR 351.205(c).
Dated: May 15, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Summary
2. Background
3. Period of Investigation
4. Scope Comments
5. Scope of the Investigation
6. PRC-Wide Entity
7. Application of Adverse Facts Available
8. Rate for the PRC-Wide Entity
9. Corroboration
10. Critical Circumstances
11. Recommendation
[FR Doc. 2014–11900 Filed 5–21–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
mstockstill on DSK4VPTVN1PROD with NOTICES
[A–428–843, A–588–872, A–401–809]
Non-Oriented Electrical Steel From
Germany, Japan, and Sweden:
Preliminary Determinations of Sales at
Less Than Fair Value, and Preliminary
Affirmative Determinations of Critical
Circumstances, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (the ‘‘Department’’)
AGENCY:
VerDate Mar<15>2010
19:36 May 21, 2014
Jkt 232001
preliminarily determines that nonoriented electrical steel (‘‘NOES’’) from
Germany, Japan, and Sweden is being
sold, 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 are listed in the
‘‘Preliminary Determinations’’ section of
this notice. Interested parties are invited
to comment on these preliminary
determinations.
DATES: Effective May 22, 2014.
FOR FURTHER INFORMATION CONTACT:
Patrick O’Connor at (202) 482–0989
(Germany); Thomas Martin at (202) 482–
3936 (Japan); or Drew Jackson at (202)
482–4406 (Sweden); AD/CVD
Operations, Enforcement and
Compliance, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice
of initiation of these investigations on
November 18, 2013.1 Pursuant to a
timely request from AK Steel
Corporation (‘‘Petitioner’’) and section
773(c)(1)(A) of the Act, the Department
postponed these preliminary LTFV
determinations 50 days.2
Scope of the Investigations
The merchandise subject to these
investigations consists of non-oriented
electrical steel (NOES), which includes
cold-rolled, flat-rolled, alloy steel
products, whether or not in coils,
regardless of width, having an actual
thickness of 0.20 mm or more, in which
the core loss is substantially equal in
any direction of magnetization in the
plane of the material. The term
‘‘substantially equal’’ means that the
cross grain direction of core loss is no
more than 1.5 times the straight grain
direction (i.e., the rolling direction) of
core loss. NOES has a magnetic
permeability that does not exceed 1.65
Tesla when tested at a field of 800 A/
m (equivalent to 10 Oersteds) along (i.e.,
parallel to) the rolling direction of the
sheet (i.e., B800 value). NOES contains
1 See Non-Oriented Electrical Steel From the
People’s Republic of China, Germany, Japan, the
Republic of Korea, Sweden, and Taiwan: Initiation
of Antidumping Duty Investigations, 78 FR 69041
(November 18, 2013).
2 See Non-Oriented Electrical Steel From the
People’s Republic of China, Germany, Japan, the
Republic of Korea, Sweden and Taiwan:
Postponement of Preliminary Determinations of
Antidumping Duty Investigations, 79 FR 13987
(March 12, 2014).
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29423
by weight more than 1.00 percent of
silicon but less than 3.5 percent of
silicon, not more than 0.08 percent of
carbon, and not more than 1.5 percent
of aluminum. NOES has a surface oxide
coating, to which an insulation coating
may be applied.
NOES is subject to these
investigations whether it is fully
processed (i.e., fully annealed to
develop final magnetic properties) or
semi-processed (i.e., finished to final
thickness and physical form but not
fully annealed to develop final magnetic
properties). Fully processed NOES is
typically made to the requirements of
ASTM specification A 677, Japanese
Industrial Standards (JIS) specification
C 2552, and/or International
Electrotechnical Commission (IEC)
specification 60404–8–4. Semiprocessed NOES is typically made to the
requirements of ASTM specification A
683. However, the scope of these
investigations is not limited to
merchandise meeting the ASTM, JIS and
IEC specifications noted immediately
above.
NOES is sometimes referred to as
cold-rolled non-oriented (CRNO), nongrain oriented (NGO), non-oriented
(NO), or cold-rolled non-grain oriented
(CRNGO) electrical steel. These terms
are interchangeable.
Excluded from the scope of these
investigations 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
Harmonized Tariff Schedule of the
United States (HTSUS) as a part (i.e.,
lamination) for use in a device such as
a motor, generator, or transformer.
The subject merchandise is provided
for in subheadings 7225.19.0000,
7226.19.1000, and 7226.19.9000 of the
HTSUS. Subject merchandise may also
be entered under subheadings
7225.50.8085, 7225.99.0090,
7226.92.5000, 7226.92.7050,
7226.92.8050, 7226.99.0180 of the
HTSUS. Although HTSUS subheadings
are provided for convenience and
customs purposes, the written
description of the scope is dispositive.
Methodology
The Department conducted these
investigations in accordance with
section 731 of the Act. As noted above,
the mandatory respondents did not
respond to the Department’s requests for
information. Pursuant to section 776(a)
of the Act, the Department preliminarily
relied upon facts otherwise available to
assign estimated weighted-average
dumping margins to the mandatory
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]]>Agencies
[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Notices]
[Pages 29421-29423]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11900]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-996]
Non-Oriented Electrical Steel From the People's Republic of
China: Preliminary Affirmative Determinations of Sales at Less Than
Fair Value and Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that non-oriented electrical steel (NOES) from the People's
Republic of China (the PRC) is being, or is likely to be, sold to 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 January 1, 2013, through June 30, 2013. The
dumping margin is shown in the ``Preliminary Determination and
Suspension of Liquidation'' section of this notice. Interested parties
are invited to comment on this preliminary determination.
DATES: Effective May 22, 2014.
FOR FURTHER INFORMATION CONTACT: Sandra Dreisonstok or Yang Jin Chun,
AD/CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0768 and (202) 482-5760, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The merchandise subject to this investigation consists of non-
oriented electrical steel (NOES), which includes cold-rolled, flat-
rolled, alloy steel products, whether or not in coils, regardless of
width, having an actual thickness of 0.20 mm or more, in which the core
loss is substantially equal in any direction of magnetization in the
plane of the material. The term ``substantially equal'' means that the
cross grain direction of core loss is no more than 1.5 times the
straight grain direction (i.e., the rolling direction) of core loss.
NOES has a magnetic permeability that does not exceed 1.65 Tesla when
tested at a field of 800 A/m (equivalent to 10 Oersteds) along (i.e.,
parallel to) the rolling direction of the sheet (i.e., B800
value). NOES contains by weight more than 1.00 percent of silicon but
less than 3.5 percent of silicon, not more than 0.08 percent of carbon,
and not more than 1.5 percent of aluminum. NOES has a surface oxide
coating, to which an insulation coating may be applied.
NOES is subject to this investigation whether it is fully processed
(i.e., fully annealed to develop final magnetic properties) or semi-
processed (i.e., finished to final thickness and physical form but not
fully annealed to develop final magnetic properties). Fully processed
NOES is typically made to the requirements of ASTM specification A 677,
Japanese Industrial Standards (JIS) specification C 2552, and/or
International Electrotechnical Commission (IEC) specification 60404-8-
4. Semi-processed NOES is typically made to the requirements of ASTM
specification A 683. However, the scope of this investigation is not
limited to merchandise meeting the ASTM, JIS and IEC specifications
noted immediately above.
NOES is sometimes referred to as cold-rolled non-oriented (CRNO),
non-grain oriented (NGO), non-oriented (NO), or cold-rolled non-grain
oriented (CRNGO) electrical steel. These terms are interchangeable.
Excluded from the scope of this investigation 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
Harmonized Tariff Schedule of the United States (HTSUS) as a part
(i.e., lamination) for use in a device such as a motor, generator, or
transformer.
The subject merchandise is provided for in subheadings
7225.19.0000, 7226.19.1000, and 7226.19.9000 of the HTSUS. Subject
merchandise may also be entered under subheadings 7225.50.8085,
7225.99.0090, 7226.92.5000, 7226.92.7050, 7226.92.8050, 7226.99.0180 of
the HTSUS. Although HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope is dispositive.
Scope Comments
For a complete discussion of scope comments received from
interested parties and changes the Department made to the scope of the
investigation, see Preliminary Decision Memorandum.\1\ The ``Scope of
the
[[Page 29422]]
Investigation'' section above reflects all changes.
---------------------------------------------------------------------------
\1\ See Memorandum from Senior Advisor Gary Taverman to Acting
Assistant Secretary Ronald K. Lorentzen entitled ``Decision
Memorandum for the Preliminary Determination in the Less Than Fair
Value Investigation of Non-Oriented Electrical Steel from the
People's Republic of China'' dated concurrently with this notice and
hereby adopted by this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Postponement of the Preliminary Determination
On February 28, 2014, AK Steel Corporation (the petitioner) made a
timely request for a 50-day postponement of the preliminary
determinations for this and the other concurrent NOES LTFV
investigations, pursuant to section 733(c)(1)(A) of the Act and 19 CFR
351.205(b)(2) and (e).\2\ On March 5, 2014, we published our notice of
postponement of the preliminary determinations by 50 days in accordance
with sections 733(c)(1)(A) and (2) of the Act and 19 CFR 351.205(f).\3\
As a result of the postponement, the revised deadline for the
preliminary determination of this investigation is now May 15, 2014.
---------------------------------------------------------------------------
\2\ See letter from the petitioner to the Secretary of Commerce,
``Non-Oriented Electrical Steel from the People's Republic of China,
Germany, Japan, the Republic of Korea, Sweden and Taiwan: Request
for Postponement of the Preliminary Determinations,'' dated February
28, 2014.
\3\ See Non-Oriented Electrical Steel from the People's Republic
of China, Germany, Japan, the Republic of Korea, Sweden and Taiwan:
Postponement of Preliminary Determinations of Antidumping Duty
Investigations, 79 FR 13987 (March 12, 2014).
---------------------------------------------------------------------------
Methodology
The Department conducted this LTFV investigation in accordance with
section 731 of the Act. Because none of the potential respondents in
this investigation submitted separate rate applications, they are
considered to be part of the PRC-wide entity. Because the PRC-wide
entity did not provide necessary quantity-and-value data the Department
requested, the PRC-wide entity failed to cooperate by not acting to the
best of its ability. Therefore, the Department is assigning to the PRC-
wide entity a rate based on facts available with an adverse
inference.\4\ For further information, see the ``Application of Adverse
Facts Available'' section in the Preliminary Decision Memorandum.\5\
The Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
IA ACCESS is available to registered users at https://iaaccess.trade.gov, and is available to all parties in the Central
Records Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the Internet at https://www.trade.gov/enforcement/. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
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\4\ See sections 776(a) and (b) of the Act.
\5\ See Preliminary Decision Memorandum.
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Critical Circumstances
On March 6, 2014, the petitioner alleged that critical
circumstances exist with respect to imports of NOES from the PRC. In
accordance with 19 CFR 351.206(c)(2)(i), because the critical
circumstances allegation was submitted more than 20 days before the
scheduled date of the preliminary determination, the Department must
issue a preliminary critical circumstances determination not later than
the date of the preliminary determination.\6\
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\6\ See, e.g., Change in Policy Regarding Timing of Issuance of
Critical Circumstances Determinations, 63 FR 55364 (October 15,
1998).
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In accordance with section 733(e)(1) of the Act, we preliminarily
find critical circumstances exist with respect to the PRC-wide entity
in this investigation. For a full discussion of our preliminary
critical circumstances determination, see the ``Critical
Circumstances'' section of the Preliminary Decision Memorandum.
Preliminary Determination and Suspension of Liquidation
The Department preliminarily assigns the PRC-wide entity a rate of
407.52 percent as an adverse facts available rate. As described above,
the Department found that critical circumstances exist with respect to
the PRC-wide entity. Furthermore, consistent with our practice, where
the product under investigation is also subject to a concurrent
countervailing duty investigation, we instruct U.S. Customs and Border
Protection (CBP) to require a cash deposit equal to the amount by which
the normal value exceeds the export price or constructed export price,
less the amount of the countervailing duty determined to constitute an
export subsidy. In this LTFV investigation, with regard to PRC-wide
entity, export subsidies constitute 1.57 percent \7\ of the
preliminarily calculated countervailing duty rate in the concurrent
countervailing duty investigation, and, thus, we will offset the PRC-
wide rate of 407.52 percent by the countervailing duty rate
attributable to export subsidies (i.e., 1.57 percent) to calculate the
cash deposit rate for this LTFV investigation. In accordance with
sections 733(e)(2)(A) of the Act, we will direct CBP to suspend
liquidation of all entries of NOES from the PRC that are entered, or
withdrawn from warehouse, for consumption on or after the date 90 days
prior to the date of publication of this notice in the Federal
Register, and to require a cash deposit for such entries.
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\7\ The following subsidy programs in the preliminary
determination of the concurrent countervailing duty investigation
are export subsidies: Preferential Export Financing from the Export-
Import Bank of China (1.06 percent) and Tax Refunds for Reinvestment
of FIE Profits in Export-Oriented Enterprises (0.51 percent). See
Non-Oriented Electrical Steel From the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination,
Preliminary Affirmative Critical Circumstances Determination, and
Alignment of Final Countervailing Duty Determination With Final
Antidumping Duty Determination, 79 FR 16293 (March 25, 2014), and
the accompanying Preliminary Decision Memorandum at 12-13.
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Disclosure and Public Comment
Because the Department has reached its conclusions on the basis of
adverse facts available, the calculations performed in connection with
this preliminary determination are not proprietary in nature, and are
described in the Preliminary Decision Memorandum. Case briefs may be
submitted to IA ACCESS no later than 30 days after the publication of
this preliminary determination in the Federal Register, and rebuttal
briefs, limited to issues raised in case briefs, may be submitted no
later than five days after the deadline date for case briefs.\8\
Rebuttal briefs may respond only to arguments raised in case briefs and
should identify the arguments to which it is responding.\9\ For any
briefs filed on scope issues, parties must file separate and identical
documents on each of the records for all of the concurrent LTFV and
countervailing duty investigations. Parties who submit arguments are
requested to submit with the argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of
authorities.\10\
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\8\ See 19 CFR 351.309.
\9\ See 19 CFR 351.309(c)(2).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request using IA ACCESS
within 30 days after the publication of this preliminary determination
in the Federal Register.\11\ An electronically filed hearing request
must be received successfully in its entirety by IA ACCESS by 5:00 p.m.
Eastern Time within 30 days after the date of publication of this
notice.\12\ Hearing requests should contain the party's name, address,
and telephone number; the number of participants; and a list of the
issues to be discussed. If a hearing
[[Page 29423]]
request is submitted, the Department intends to hold the hearing at the
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230, at a date and time to be determined. Parties will
be notified of the date and time of any hearing.
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\11\ See 19 CFR 351.310(c).
\12\ Id.
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U.S. International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we have notified 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 NOES from the PRC 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 and 19 CFR 351.205(c).
Dated: May 15, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Period of Investigation
4. Scope Comments
5. Scope of the Investigation
6. PRC-Wide Entity
7. Application of Adverse Facts Available
8. Rate for the PRC-Wide Entity
9. Corroboration
10. Critical Circumstances
11. Recommendation
[FR Doc. 2014-11900 Filed 5-21-14; 8:45 am]
BILLING CODE 3510-DS-P
