Non-Oriented Electrical Steel From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Negative Preliminary Determination of Critical Circumstances, and Postponement of Final Determination, 29426-29428 [2014-11902]
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29426
Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Notices
Notification to Interested Parties
SUPPLEMENTARY INFORMATION:
These preliminary determinations are
issued and published pursuant to
sections 733(f) and 777(i)(1) of the Act.
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), 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,
Dated: May 15, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
List of Topics Discussed in the
Preliminary Decision Memoranda
1. Summary
2. Background
3. Period of Investigation
4. Scope Comments
5. Scope of the Investigation
6. Comments on Physical Characteristics and
Model Matching Hierarchy
7. Application of Facts Available and Use of
Adverse Inference
8. All Others Rate
9. Critical Circumstances
10. Conclusion
[FR Doc. 2014–11906 Filed 5–21–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–872]
Non-Oriented Electrical Steel From the
Republic of Korea: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, Negative
Preliminary Determination of Critical
Circumstances, and Postponement of
Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) preliminarily determines
that non-oriented electrical steel (NOES)
from the Republic of Korea (Korea) 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 Determination’’ section of
this notice. Interested parties are invited
to comment on this preliminary
determination.
AGENCY:
mstockstill on DSK4VPTVN1PROD with NOTICES
DATES:
Effective May 22, 2014.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov, 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) 482–0665.
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PO 00000
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Fmt 4703
Sfmt 4703
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
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 determination 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 and aforementioned
tolling, the revised deadline for the
preliminary determination of this
investigation is now May 15, 2014.
Methodology
The Department conducted this
investigation in accordance with section
731 of the Act. Export price is
calculated in accordance with section
772 of the Act. Normal value is
calculated in accordance with section
773 of the Act. For a full description of
1 See the ‘‘Decision Memorandum for the
Preliminary Affirmative Determination in the LessThan-Fair-Value Investigation of Non-Oriented
Electrical Steel from the Republic of Korea,’’ from
Gary Taverman, Senior Advisor, Enforcement and
Compliance, to Ronald K. Lorentzen Acting
Assistant Secretary for Enforcement and
Compliance, dated concurrently with this
determination and hereby adopted by this notice
(Preliminary Decision Memorandum).
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).
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Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Notices
the methodology underlying our
determination, see the Preliminary
Decision Memorandum. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached in an
Appendix to this notice. The
Preliminary Decision Memorandum is a
public document and is made available
to the public 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
it is available to all parties in the
Department’s Central Records Unit,
located at room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be found at https://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
As explained in the Preliminary
Decision Memorandum, we determined
that the mandatory respondents selected
for individual examination in this
investigation, POSCO and Daewoo
International Corporation, constitute a
single entity.
Preliminary Negative Determination of
Critical Circumstances
On March 6, 2014, the petitioner filed
a timely critical circumstances
allegation, pursuant to section 733(e)(1)
of the Act and19 CFR 351.206(c)(1). We
preliminarily determine that critical
circumstances do not exist for imports
of NOES from Korea. For a full
description of the methodology and
results of our analysis, see the
Preliminary Decision Memorandum.
Preliminary Determination
The Department preliminarily
determines that estimated weightedaverage dumping margins exist at the
following rates:
Weighted-average
dumping margin
(percent)
Producer or exporter
POSCO/Daewoo International Corporation .........................................................................................................................
All Others .............................................................................................................................................................................
mstockstill on DSK4VPTVN1PROD with NOTICES
All Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated ‘‘all others’’
rate shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding
rates that are zero, de minimis or
determined entirely under section 776
of the Act. The ‘‘All Others’’ rate is
based on the estimated weightedaverage dumping margin calculated for
POSCO/Daewoo International
Corporation, the only entity for which
the Department calculated a rate.4
Disclosure and Public Comment
We will disclose the calculations
performed to parties in this proceeding
within five days after the date of
publication of this notice in accordance
with 19 CFR 351.224(b).
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the final
verification report is issued in this
proceeding. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.5
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
4 See
5 See
section 735(c)(5)(A) of the Act.
19 CFR 351.309.
VerDate Mar<15>2010
19:36 May 21, 2014
Jkt 232001
and (3) a table of authorities. Pursuant
to 19 CFR 351.309(d)(2), rebuttal briefs
may respond only to arguments raised
in case briefs and should identify the
arguments to which it is responding.
Interested parties who wish to comment
on the preliminary determination must
file briefs electronically using IA
ACCESS.6 An electronically filed
document must be received successfully
in its entirety by the Department’s
electronic records system, IA ACCESS,
by 5 p.m. on the date the document is
due.
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 publication of this
preliminary determination in the
Federal Register.7 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.8 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
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 time and
date to be determined. Parties will be
6 See
19 CFR 351.303 (for general filing
requirements).
7 See 19 CFR 351.310(c)
8 Id.
PO 00000
Frm 00031
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6.91%
6.91%
notified of the date, time, and location
of any hearing.
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
NOES from 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 section 733(d) of the Act
and 19 CFR 351.205(d), we will instruct
CBP to require a cash deposit equal to
the weighted-average amount by which
the normal value exceeds export price,
as indicated in the chart above, as
follows: 9 (1) The rate for the mandatory
respondent listed above will be equal to
the estimated weighted-average
dumping margin that we determine in
this preliminary determination; (2) if the
exporter is not a mandatory respondent
identified above in this investigation,
but the producer is, the rate will be
equal to the specific estimated
weighted-average dumping margin
established for the producer of the
subject merchandise; and (3) the rate for
all other producers or exporters will be
the all others rate established in this
preliminary determination. The
9 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).
E:\FR\FM\22MYN1.SGM
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Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Notices
suspension of liquidation instructions
will remain in effect until further notice.
Postponement of Final Determination
and Extension of Provisional Measures
Pursuant to a request from POSCO/
Daewoo International Corporation and
in accordance with section 735(a)(2)(A)
of the Act and 19 CFR 351.210(b)(2)(ii)
and (e), in this investigation, we are
postponing the final determination.10
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 and 19 CFR
351.210(b)(2). Further, POSCO/Daewoo
International Corporation requested 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.
The suspension of liquidation described
above will be extended accordingly.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, we notified the International
Trade Commission (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 Korea 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 publication of this preliminary
determination, as discussed above, the
ITC will make its final determination no
later than 45 days after our final
determination.
Notification to Interested Parties
mstockstill on DSK4VPTVN1PROD with NOTICES
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).
10 See letter from POSCO to the Secretary of
Commerce, ‘‘Non-Oriented Electrical Steel from
Korea: Request to Postpone the Final
Determination’’ dated January 28, 2014.
VerDate Mar<15>2010
19:36 May 21, 2014
Jkt 232001
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. Postponement of Final Determination and
Extension of Provisional Measures
5. Scope Comments
6. Scope of the Investigation
7. Selection of Respondents
8. Critical Circumstances
9. Affiliation and Single Entity
10. Methodology
a. Fair Value Comparisons
b. Determination of Comparison Method
c. Results of the Differential Pricing
Analysis
d. Product Comparisons
e. Date of Sale
f. U.S. Price
g. Duty Drawback
h. Normal Value
i. Overrun Sales—Sales Outside the
Ordinary Course of Trade
ii. Home Market Viability
iii. Level of Trade
iv. Calculation of Normal Value Based on
Home Market Prices
i. Transactions Between Affiliated Parties
j. Cost of Production
i. Calculation of Cost of Production
ii. Test of Home Market Sale Prices
iii. Results of the Sales-Below-Cost Test
11. Currency Conversion
12. Verification
13. Recommendation
[FR Doc. 2014–11902 Filed 5–21–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–851]
Non-Oriented Electrical Steel From
Taiwan: 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
(‘‘Department’’) preliminarily
determines that non-oriented electrical
steel (‘‘NOES’’) from Taiwan 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 are listed in the ‘‘Preliminary
Determination’’ section of this notice.
Interested parties are invited to
AGENCY:
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
comment on this preliminary
determination.
DATES:
Effective May 22, 2014.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill or Karine Gziryan, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4037 or (202) 482–
4081, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice
of initiation of this investigation on
November 18, 2013.1 Pursuant to a
timely request from AK Steel
Corporation, 2 and section 773(c)(1)(A)
of the Act, the Department postponed
this preliminary LTFV determination by
a period of 50 days.3
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.,
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 AK Steel Corporation is Petitioner in this
investigation.
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).
E:\FR\FM\22MYN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Notices]
[Pages 29426-29428]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11902]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-872]
Non-Oriented Electrical Steel From the Republic of Korea:
Preliminary Affirmative Determination of Sales at Less Than Fair Value,
Negative Preliminary Determination of Critical Circumstances, and
Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) preliminarily
determines that non-oriented electrical steel (NOES) from the Republic
of Korea (Korea) 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 Determination'' section of this notice. Interested
parties are invited to comment on this preliminary determination.
DATES: Effective May 22, 2014.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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-
0665.
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
Investigation'' section above reflects all changes.
---------------------------------------------------------------------------
\1\ See the ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Non-Oriented Electrical Steel from the Republic of Korea,'' from
Gary Taverman, Senior Advisor, Enforcement and Compliance, to Ronald
K. Lorentzen Acting Assistant Secretary for Enforcement and
Compliance, dated concurrently with this determination 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 determination 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 and aforementioned tolling, 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 investigation in accordance with
section 731 of the Act. Export price is calculated in accordance with
section 772 of the Act. Normal value is calculated in accordance with
section 773 of the Act. For a full description of
[[Page 29427]]
the methodology underlying our determination, see the Preliminary
Decision Memorandum. A list of the topics discussed in the Preliminary
Decision Memorandum is attached in an Appendix to this notice. The
Preliminary Decision Memorandum is a public document and is made
available to the public 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 it is available to all parties in the
Department's Central Records Unit, located at room 7046 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be found at https://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
As explained in the Preliminary Decision Memorandum, we determined
that the mandatory respondents selected for individual examination in
this investigation, POSCO and Daewoo International Corporation,
constitute a single entity.
Preliminary Negative Determination of Critical Circumstances
On March 6, 2014, the petitioner filed a timely critical
circumstances allegation, pursuant to section 733(e)(1) of the Act
and19 CFR 351.206(c)(1). We preliminarily determine that critical
circumstances do not exist for imports of NOES from Korea. For a full
description of the methodology and results of our analysis, see the
Preliminary Decision Memorandum.
Preliminary Determination
The Department preliminarily determines that estimated weighted-
average dumping margins exist at the following rates:
------------------------------------------------------------------------
Weighted-average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
POSCO/Daewoo International Corporation......... 6.91%
All Others..................................... 6.91%
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All Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated ``all
others'' rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding rates that are zero,
de minimis or determined entirely under section 776 of the Act. The
``All Others'' rate is based on the estimated weighted-average dumping
margin calculated for POSCO/Daewoo International Corporation, the only
entity for which the Department calculated a rate.\4\
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\4\ See section 735(c)(5)(A) of the Act.
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Disclosure and Public Comment
We will disclose the calculations performed to parties in this
proceeding within five days after the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the final verification report is issued in
this proceeding. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\5\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this proceeding
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities. Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs may
respond only to arguments raised in case briefs and should identify the
arguments to which it is responding. Interested parties who wish to
comment on the preliminary determination must file briefs
electronically using IA ACCESS.\6\ An electronically filed document
must be received successfully in its entirety by the Department's
electronic records system, IA ACCESS, by 5 p.m. on the date the
document is due.
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\5\ See 19 CFR 351.309.
\6\ See 19 CFR 351.303 (for general filing requirements).
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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 publication of this preliminary determination in
the Federal Register.\7\ 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.\8\ 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 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 time and date to be determined. Parties will be notified of
the date, time, and location of any hearing.
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\7\ See 19 CFR 351.310(c)
\8\ Id.
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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 NOES from 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 section 733(d) of the Act and 19 CFR 351.205(d), we
will instruct CBP to require a cash deposit equal to the weighted-
average amount by which the normal value exceeds export price, as
indicated in the chart above, as follows: \9\ (1) The rate for the
mandatory respondent listed above will be equal to the estimated
weighted-average dumping margin that we determine in this preliminary
determination; (2) if the exporter is not a mandatory respondent
identified above in this investigation, but the producer is, the rate
will be equal to the specific estimated weighted-average dumping margin
established for the producer of the subject merchandise; and (3) the
rate for all other producers or exporters will be the all others rate
established in this preliminary determination. The
[[Page 29428]]
suspension of liquidation instructions will remain in effect until
further notice.
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\9\ 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 and Extension of Provisional
Measures
Pursuant to a request from POSCO/Daewoo International Corporation
and in accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii) and (e), in this investigation, we are postponing the
final determination.\10\ 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 and 19 CFR 351.210(b)(2). Further, POSCO/Daewoo International
Corporation requested 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. The suspension of liquidation described above will be extended
accordingly.
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\10\ See letter from POSCO to the Secretary of Commerce, ``Non-
Oriented Electrical Steel from Korea: Request to Postpone the Final
Determination'' dated January 28, 2014.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, we notified the
International Trade Commission (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
Korea 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 publication of this preliminary determination, as discussed
above, the ITC will make its final determination 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 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. Postponement of Final Determination and Extension of Provisional
Measures
5. Scope Comments
6. Scope of the Investigation
7. Selection of Respondents
8. Critical Circumstances
9. Affiliation and Single Entity
10. Methodology
a. Fair Value Comparisons
b. Determination of Comparison Method
c. Results of the Differential Pricing Analysis
d. Product Comparisons
e. Date of Sale
f. U.S. Price
g. Duty Drawback
h. Normal Value
i. Overrun Sales--Sales Outside the Ordinary Course of Trade
ii. Home Market Viability
iii. Level of Trade
iv. Calculation of Normal Value Based on Home Market Prices
i. Transactions Between Affiliated Parties
j. Cost of Production
i. Calculation of Cost of Production
ii. Test of Home Market Sale Prices
iii. Results of the Sales-Below-Cost Test
11. Currency Conversion
12. Verification
13. Recommendation
[FR Doc. 2014-11902 Filed 5-21-14; 8:45 am]
BILLING CODE 3510-DS-P
