Non-Oriented Electrical Steel From Taiwan: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 29428-29430 [2014-11905]
Download as PDF
29428
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
22MYN1
Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
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.
Methodology
The Department conducted this
investigation in accordance with section
731 of the Act. Because the mandatory
respondent Leicong Industrial
Company, Ltd. (‘‘Leicong’’) failed to
respond to the Department’s
questionnaire, we preliminarily
determined to apply facts otherwise
available with an adverse inference to
this respondent pursuant to sections
776(a) and (b) of the Act. In applying
adverse facts available, we are assigning
Leicong a rate of 52.23 percent. For CSC,
export prices have been calculated in
accordance with section 772 of the Act.
Normal value (‘‘NV’’) has been
calculated in accordance with section
773 of the Act.
For a full description of the analysis
underlying our preliminary
determination, see ‘‘Decision
Memorandum for Preliminary
VerDate Mar<15>2010
19:36 May 21, 2014
Jkt 232001
Determination of Sales at Less Than Fair
Value: Non-Oriented Electrical Steel
from Taiwan,’’ (‘‘Preliminary Decision
Memorandum’’) from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen,
Acting Assistant Secretary for
Enforcement and Compliance, dated
concurrently with this determination
and hereby adopted by 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 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 on the Internet at https://
enforcement.trade.gov/frn. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
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 examined, excluding all
zero or de minimis rates, and all rates
determined entirely under section 776
of the Act. CSC is the only respondent
in this investigation for which the
Department calculated a companyspecific rate which is not zero, de
minimis or based entirely on facts
available. Therefore, for purposes of
determining the ‘‘all others’’ rate and
pursuant to section 735(c)(5)(A) of the
Act, we are using the weighted-average
dumping margin calculated for CSC, as
the estimated weighted-average
dumping margin assigned to all other
producers and exporters of the
merchandise under consideration.
Preliminary Determination
The Department preliminarily
determined that the following estimated
weighted-average dumping margins
exist for the producers or exporters
during the period July 1, 2012, through
June 30, 2013 at the following rates:
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
Producer or exporter
China Steel Corporation .............
Leicong Industrial Company, Ltd.
All Others ....................................
29429
Weightedaverage
dumping
margin
(percent)
28.14
52.23
28.14
Disclosure and Public Comment
We intend to 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).
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, 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.4 A
table of contents, list of authorities used,
and an executive summary of issues
should accompany any briefs submitted
to the Department. This summary
should be limited to five pages total,
including footnotes.
Pursuant to 19 CFR 351.310(c),
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. An
electronically filed document must be
received successfully in its entirety by
the Department’s electronic records
system, IA ACCESS, by 5:00 p.m.
Eastern Standard Time, within 30 days
after the date of publication of this
notice.5 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
request for a hearing is made, 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 location to be determined. Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, we are directing U.S.
Customs and Border Protection (‘‘CBP’’)
to suspend liquidation of all entries of
NOES from Taiwan as described in the
4 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
5 See 19 CFR 351.310(c).
E:\FR\FM\22MYN1.SGM
22MYN1
29430
Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Notices
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), we
will instruct CBP to require a cash
deposit 6 equal to the weighted-average
amount by which the NV exceeds
Export Price, as indicated in the chart
above. These 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 CSC, we
are postponing the final determination
and extending the provisional measures
from a four-month period to not more
than six months. Accordingly, we will
make 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.7
International Trade Commission
(‘‘ITC’’) Notification
mstockstill on DSK4VPTVN1PROD with NOTICES
6 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).
7 See also 19 CFR 351.210(e); see also Letter from
CSC to the Department, regarding ‘‘Non-Oriented
Electrical Steel (NOES) from Taiwan,’’ dated May
2, 2014.
19:36 May 21, 2014
Jkt 232001
instrument and instructions should be
directed to Seaberry Nachbar, 831–647–
4204 or fosterscholars@noaa.gov.
SUPPLEMENTARY INFORMATION:
List of Topics Discussed in the
Preliminary Decision Memorandum
I. Abstract
This request is for extension of a
current information collection.
The National Oceanic and
Atmospheric Administration (NOAA)
Office of National Marine Sanctuaries
(ONMS) collects, evaluates and assesses
student data and information for the
purpose of selecting successful
scholarship candidates, generating
internal NOAA reports and articles to
demonstrate the success of its program.
The Dr. Nancy Foster Scholarship
Program is available to graduate
students pursuing masters and doctoral
degrees in the areas of marine biology,
oceanography and maritime
archaeology. The ONMS requires
applicants to the Dr. Nancy Foster
Scholarship Program to complete an
application and to supply references
(e.g., from academic professors and
advisors) in support of the scholarship
application. Scholarship recipients are
required to conduct a pre- and postevaluation of their studies through the
scholarship program to gather
information about the level of
knowledge, skills and behavioral
changes that take place with the
students before and after their program
participation. The evaluation results
support ONMS performance measures.
Scholarship recipients are also required
to submit an annual progress report, a
biographical sketch, and a photograph.
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. Discussion of Methodology
a. Fair Value Comparisons
b. Product Comparisons
c. Date of Sale
d. U.S. Price
e. Normal Value
i. Home Market Viability
ii. Overruns
iii. Level of Trade
iv. Calculation of Normal Value Based on
Home Market Prices
f. Cost of Production
i. Calculation of COP
ii. Test of Comparison Market Sales Prices
iii. Results of COP Test
9. Currency Conversion
10. Verification
[FR Doc. 2014–11905 Filed 5–21–14; 8:45 am]
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 Taiwan before the later of
120 days after the date of this
preliminary determination or 45 days
after our final determination. Because
we are postponing the deadline for our
final determination to 135 days from the
date of the publication of this
preliminary determination, as discussed
above, the ITC will make its final
determination no later than 45 days
after our final determination.
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).
VerDate Mar<15>2010
Dated: May 15, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Office of Education
Dr. Nancy Foster Scholarship Program
National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before July 21, 2014.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at JJessup@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
SUMMARY:
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
II. Method of Collection
All forms are electronic, and the
primary methods of submittal are email
and Internet transmission.
Approximately 1% of the application
and reference forms may be mailed.
III. Data
OMB Control Number: 0648–0432.
Form Number: None.
Type of Review: Regular submission
(extension of a current information
collection).
Affected Public: Individuals or
households.
Estimated Number of Respondents:
200.
Estimated Number of Annual
Responses: 621.
Estimated Time per Response: Dr.
Nancy Foster application form: 8 hours;
Letter of Recommendation: 45 minutes;
Bio/Photograph Submission: 1 hour;
Annual Report: 1 hour, 30 minutes; and
Evaluation: 15 minutes.
Estimated Total Annual Burden
Hours: 1,919.
E:\FR\FM\22MYN1.SGM
22MYN1
Agencies
[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Notices]
[Pages 29428-29430]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11905]
-----------------------------------------------------------------------
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
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 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 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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.,
[[Page 29429]]
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.
Methodology
The Department conducted this investigation in accordance with
section 731 of the Act. Because the mandatory respondent Leicong
Industrial Company, Ltd. (``Leicong'') failed to respond to the
Department's questionnaire, we preliminarily determined to apply facts
otherwise available with an adverse inference to this respondent
pursuant to sections 776(a) and (b) of the Act. In applying adverse
facts available, we are assigning Leicong a rate of 52.23 percent. For
CSC, export prices have been calculated in accordance with section 772
of the Act. Normal value (``NV'') has been calculated in accordance
with section 773 of the Act.
For a full description of the analysis underlying our preliminary
determination, see ``Decision Memorandum for Preliminary Determination
of Sales at Less Than Fair Value: Non-Oriented Electrical Steel from
Taiwan,'' (``Preliminary Decision Memorandum'') from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, dated concurrently with this determination
and hereby adopted by 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 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 on the Internet at https://enforcement.trade.gov/frn. The
signed Preliminary Decision Memorandum and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
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 examined, excluding all zero or de minimis
rates, and all rates determined entirely under section 776 of the Act.
CSC is the only respondent in this investigation for which the
Department calculated a company-specific rate which is not zero, de
minimis or based entirely on facts available. Therefore, for purposes
of determining the ``all others'' rate and pursuant to section
735(c)(5)(A) of the Act, we are using the weighted-average dumping
margin calculated for CSC, as the estimated weighted-average dumping
margin assigned to all other producers and exporters of the merchandise
under consideration.
Preliminary Determination
The Department preliminarily determined that the following
estimated weighted-average dumping margins exist for the producers or
exporters during the period July 1, 2012, through June 30, 2013 at the
following rates:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
China Steel Corporation..................................... 28.14
Leicong Industrial Company, Ltd............................. 52.23
All Others.................................................. 28.14
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to 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).
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, 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.\4\ A table of contents, list of authorities used,
and an executive summary of issues should accompany any briefs
submitted to the Department. This summary should be limited to five
pages total, including footnotes.
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\4\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), 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. An electronically filed document must be received successfully
in its entirety by the Department's electronic records system, IA
ACCESS, by 5:00 p.m. Eastern Standard Time, within 30 days after the
date of publication of this notice.\5\ 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 request
for a hearing is made, 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 location to be determined.
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled date.
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\5\ See 19 CFR 351.310(c).
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we are directing
U.S. Customs and Border Protection (``CBP'') to suspend liquidation of
all entries of NOES from Taiwan as described in the
[[Page 29430]]
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), we will instruct CBP to require a
cash deposit \6\ equal to the weighted-average amount by which the NV
exceeds Export Price, as indicated in the chart above. These suspension
of liquidation instructions will remain in effect until further notice.
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\6\ 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 CSC, we are postponing the final
determination and extending the provisional measures from a four-month
period to not more than six months. Accordingly, we will make 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.\7\
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\7\ See also 19 CFR 351.210(e); see also Letter from CSC to the
Department, regarding ``Non-Oriented Electrical Steel (NOES) from
Taiwan,'' dated May 2, 2014.
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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 Taiwan before the later of
120 days after the date of this preliminary determination or 45 days
after our final determination. Because we are postponing the deadline
for our final determination to 135 days from the date of the
publication of this preliminary determination, as discussed above, the
ITC will make its final determination no later than 45 days after our
final determination.
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.
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. Discussion of Methodology
a. Fair Value Comparisons
b. Product Comparisons
c. Date of Sale
d. U.S. Price
e. Normal Value
i. Home Market Viability
ii. Overruns
iii. Level of Trade
iv. Calculation of Normal Value Based on Home Market Prices
f. Cost of Production
i. Calculation of COP
ii. Test of Comparison Market Sales Prices
iii. Results of COP Test
9. Currency Conversion
10. Verification
[FR Doc. 2014-11905 Filed 5-21-14; 8:45 am]
BILLING CODE 3510-DS-P