Grain-Oriented Electrical Steel From the Czech Republic: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 58324-58326 [2014-23124]
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58324
Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Notices
duties occurred and the subsequent
assessment of double antidumping
duties.
FOR FURTHER INFORMATION CONTACT:
Notification to Interested Parties
These final results of administrative
review are issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: September 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Issues in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Preliminary Finding of ‘‘No
Shipments’’
Comment 2: Filing of Entry Documents
Comment 3: Administrative Review
Process for Merchandise Conditionally
Excluded From the Scope of the Order
V. Determination of No Shipments
VI. Revised Entry Requirements
VII. Recommendation
[FR Doc. 2014–23133 Filed 9–26–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–851–803]
Grain-Oriented Electrical Steel From
the Czech Republic: Final
Determination of Sales at Less Than
Fair Value and Final Affirmative
Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that grainoriented electrical steel (GOES) from the
Czech Republic is being, or is likely to
be, sold in the United States at less than
fair value (LTFV), as provided in section
735 of the Tariff Act of 1930, as
amended (the Act). In addition, we
determine that critical circumstances
exist with respect to imports of the
subject merchandise from the Czech
Republic. The period of investigation
(POI) is July 1, 2012, through June 30,
2013. The final dumping margins of
sales at LTFV are listed below in the
‘‘Final Determination’’ section of this
notice.
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AGENCY:
DATES:
Effective Date: September 29,
2014.
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Jkt 232001
Stephen Bailey at (202) 482–0193 or
Dennis McClure at (202) 482–5973; AD/
CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On May 9, 2014, the Department
published the Preliminary
Determination of sales at LTFV of GOES
from the Czech Republic.1 The
following events occurred since the
Preliminary Determination was issued.
In May 2014, the Department verified
the sales data submitted by
ArcelorMittal Frydek-Mistek (AMFM)
and its U.S. affiliate, ArcelorMittal
International America LLC, in
accordance with section 782(i) of the
Act. We also issued a supplemental cost
of production (COP) questionnaire to
AMFM on May 9, 2014, and received
the response to this supplemental
questionnaire on June 3, 2014.
In June 2014, we verified the COP
information submitted by AMFM, and
we attempted to verify the sales
information submitted by Sujani
Enterprises, Ltd. (Sujani), in accordance
with section 782(i) of the Act.
We invited interested parties to
comment on the Preliminary
Determination. On July 28 and August
4, 2014, the domestic industry,2 AMFM,
and Sujani submitted case and rebuttal
briefs, respectively.
Scope of the Investigation
The scope of the investigation covers
GOES, which is a flat-rolled alloy steel
product containing by weight specific
levels of silicon, carbon, and aluminum.
For a complete description of the scope
of the investigation, see Appendix I of
this notice.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum, which is
hereby adopted by this notice. A list of
the issues raised is attached to this
1 See Grain-Oriented Electrical Steel From the
Czech Republic: Preliminary Determination of Sales
at Less Than Fair Value, Negative Preliminary
Determination of Critical Circumstances, and
Postponement of Final Determination, 79 FR 26717
(May 9, 2014) (Preliminary Determination).
2 The domestic industry includes AK Steel
Corporation, Allegheny Ludlum, LLC, and the
United Steelworkers (i.e., the parties filing the
petition), as well as one additional domestic
interested party, the International Union, United
Automobile, Aerospace, and Agricultural
Implemental Workers of America (UAW).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
notice as Appendix II. The Issues and
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 http://
iaaccess.trade.gov and it 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 Issues and
Decision Memorandum can be accessed
directly at http://enforcement.trade.gov/
frn/index.html. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Verification
As provided in section 782(i) of the
Act, in May and June 2014, we verified
the sales and cost information submitted
by AMFM for use in our final
determination. We used standard
verification procedures, including an
examination of relevant accounting and
production records, and original source
documents provided by AMFM.3
In addition, as provided in section
782(i) of the Act, in June 2014, we also
attempted to verify the sales information
submitted by Sujani, using standard
verification procedures.4 However, as
noted in the Sujani Sales Verification
Report, Sujani was unable to
substantiate the data in its accounting
system using independent sources, and
it withheld information when requested
by the Department’s verifiers. As a
consequence, we find that Sujani’s
reported data is unverifiable, and so
incomplete that it cannot serve as a
reliable basis for reaching a
determination in this investigation.5
3 See Memorandum to the File from Stephen
Bailey and Dennis McClure, Senior Analysts,
entitled ‘‘Verification of ArcelorMittal International
America LLC in the Less-Than-Fair-Value
Investigation of Grain-Oriented Electrical Steel from
the Czech Republic,’’ dated June 11, 2014;
Memorandum to the File from Stephen Bailey and
Dennis McClure, Senior Analysts, entitled
‘‘Verification of Sales Response of ArcelorMittal
´
´
Frydek-Mıstek in the Less-Than-Fair-Value
Investigation of Grain-Oriented Electrical Steel from
the Czech Republic,’’ dated July 3, 2014; and
Memorandum to the File from Christopher J.
Zimpo, Senior Accountant, entitled ‘‘Verification of
Cost Response of ArcelorMittal Frydek-Mistek
(‘‘AMFM’’) in the Antidumping Duty Investigation
of Grain-Oriented Electrical Steel from the Czech
Republic,’’ dated July 18, 2014.
4 See Memorandum to the File from Dennis
McClure, Senior Analyst, and Stephen Banea,
Analyst, Office II, AD/CVD Operations, entitled,
‘‘Verification of Sujani Enterprises, Inc. in the LessThan-Fair-Value Investigation of Grain-Oriented
Electrical Steel from the Czech Republic,’’ dated
July 16, 2013 (Sujani Sales Verification Report).
5 See sections 782(e)(2) and (3) of the Act.
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Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Notices
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculation for AMFM. For a
discussion of these changes, see the
‘‘Margin Calculations’’ section of the
Issues and Decision Memorandum.
With respect to Sujani, as noted in the
‘‘Verification’’ section above, we found
that Sujani’s reported sales information
could not be verified. As a consequence,
for purposes of the final determination,
we find that necessary information is
not available on the record, and that
Sujani withheld information requested
by the Department, significantly
impeded the proceeding, and provided
information that could not be verified,
within the meaning of sections 776(a)(1)
and 776(a)(2)(A), (C), and (D) of the Act.
Furthermore, we find that Sujani failed
to cooperate by not acting to the best of
its ability in this proceeding because it
failed to provide complete information
at the Department’s request, although it
possessed this information. Thus,
pursuant to section 776(b) of the Act
and 19 CFR 351.308(a), and consistent
with sections 782(e)(2) and (3) of the
Act, we have based Sujani’s dumping
margin on total adverse facts available
(AFA). For further discussion, see Issues
and Decision Memorandum at Comment
11.
tkelley on DSK3SPTVN1PROD 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 any
zero or de minimis margins, and
margins determined entirely under
section 776 of the Act. In the
Preliminary Determination, the
Department calculated the ‘‘all others’’
rate based on the average of AMFM’s
and Sujani’s margins. In light of the
Department’s use of total AFA for Sujani
for purposes of this final determination,
Sujani’s rate is no longer appropriate for
use in calculating the ‘‘all others’’ rate.
Therefore, the Department has assigned
AMFM’s weighted-average dumping
margin of 13.76 percent to all other
entities not individually examined.
Final Determination
The final weighted-average dumping
margins are as follows:
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58325
was likely to be material injury caused
by reason of such imports, the
Dumping
Department normally will look to the
Manufacturer/Exporter
margin
preliminary injury determination of the
(percent)
International Trade Commission (ITC).8
If the ITC finds a reasonable indication
ArcelorMittal Frydek-Mistek ..
13.76
Sujani Enterprises, Ltd. ........
35.93 of material injury to the relevant U.S.
All Others ..............................
13.76 industry, the Department will determine
that a reasonable basis exists to impute
importer knowledge that material injury
Final Determination of Critical
is likely by reason of such imports.9
Circumstances
Here, the ITC found that ‘‘there is a
For AMFM and the companies
reasonable indication that an industry
covered by the all others rate, we made
in the United States is materially
no changes to our critical circumstances injured by reason of imports from
analysis announced in the Preliminary
China, Czech Republic, Germany, Japan,
Determination and described in the
Korea, Poland, and Russia of grain‘‘Decision Memorandum for the
oriented electrical steel, provided for in
Preliminary Determination of the
subheadings 7225.11.00, 7226.11.10,
Antidumping Duty Investigation of
and 7226.11.90 of the Harmonized Tariff
Grain-Oriented Electrical Steel from the Schedule of the United States. . . .’’ 10
Czech Republic.’’ 6 Thus, pursuant to
Therefore, the ITC’s preliminary injury
735(a)(3) of the Act, we continue to find determination in this investigation is
that critical circumstances do not exist
sufficient to impute knowledge of the
with respect to imports of GOES from
likelihood of material injury.
the Czech Republic from AMFM and the
Section 351.206(h)(1) of the
companies covered by the all others
Department’s regulations provides that,
rate.
in determining whether imports of the
For Sujani, because we now find it to
subject merchandise were ‘‘massive,’’
be uncooperative, we are determining
the Department normally will examine:
for Sujani, as AFA, a final dumping
(i) The volume and value of the imports;
margin of 35.93 percent, which is the
(ii) seasonal trends; and (iii) the share of
highest model-specific margin
domestic consumption accounted for by
calculated for AMFM. In performing its
the imports. In addition, 19 CFR
critical circumstances analysis, the
351.206(h)(2) provides that, ‘‘{i}n
Department normally considers margins general, unless the imports during the
of 25 percent or more for export price
‘relatively short period’ . . . have
sales and 15 percent or more for
increased by at least 15 percent over the
constructed export price sales sufficient imports during an immediately
to impute importer knowledge of sales
preceding period of comparable
at LTFV.7 Because Sujani’s final
duration, the Secretary will not consider
dumping margin exceeds the threshold
the imports massive.’’ It is the
sufficient to impute knowledge of
Department’s practice to conduct its
dumping, this margin provides a
massive imports analysis based on the
sufficient basis for imputing knowledge experience of investigated companies,
of sales of subject merchandise at LTFV using the reported monthly shipment
to the importers, as set forth in section
data for the base and comparison
735(a)(3)(ii) of the Act.
periods.11 However, as noted above, we
In determining whether an importer
8 See, e.g., Certain Potassium Phosphate Salts
knew or should have known that there
6 See
Preliminary Determination, 79 FR at 26717,
and accompanying Preliminary Issues and Decision
Memorandum at 16–18.
7 See, e.g., Carbon and Alloy Steel Wire Rod From
Germany, Mexico, Moldova, Trinidad and Tobago,
and Ukraine: Preliminary Determination of Critical
Circumstances, 67 FR 6224, 6225 (February 11,
2002) (Steel Wire Rod Preliminary Determination),
unchanged in Notice of Final Determination of
Sales at Less Than Fair Value: Carbon and Certain
Alloy Steel Wire Rod From Moldova, 67 FR 55790
(Steel Wire Rod Moldova Final Determination);
Affirmative Preliminary Determination of Critical
Circumstances: Magnesium Metal From the People’s
Republic of China, 70 FR 5606, 5607 (February 3,
2005) (Magnesium Metal Preliminary Critical
Circumstances Determination), unchanged in Final
Determination of Sales at Less Than Fair Value and
Affirmative Critical Circumstances: Magnesium
Metal From the People’s Republic of China, 70 FR
9037 (Magnesium Metal Final Determination)
(February 24, 2005).
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Fmt 4703
Sfmt 4703
From the People’s Republic of China: Preliminary
Affirmative Determination of Critical Circumstances
in the Antidumping Duty Investigation, 75 FR
24572, 24573 (May 5, 2010), unchanged in Certain
Potassium Phosphate Salts From the People’s
Republic of China: Final Determination of Sales at
Less Than Fair Value and Termination of Critical
Circumstances Inquiry, 75 FR 30377 (June 1, 2010).
9 See, e.g., Steel Wire Rod Preliminary
Determination, Unchanged in Steel Wire Rod
Moldova Final Determination; and Magnesium
Metal Preliminary Critical Circumstances
Determination, unchanged in Magnesium Metal
Final Determination.
10 See Grain-Oriented Electrical Steel From
China, Czech Republic, Germany, Japan, Korea,
Poland, and Russia; Determinations, 78 FR 70574
(November 26, 2013).
11 See, e.g., Notice of Final Determination of Sales
at Less Than Fair Value and Affirmative Final
Determination of Critical Circumstances: Circular
Welded Carbon Quality Steel Pipe From the
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Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Notices
determined that Sujani has not acted to
the best of its ability in responding to
our requests for information.12
Therefore, the Department determines
that the use of adverse facts available is
warranted. Accordingly, we find that
there were massive imports of subject
merchandise from Sujani, pursuant to
our practice.13
Given the analysis above, we
determine that critical circumstances
exist with respect to imports of GOES
from Sujani.
Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
Continuation of Suspension of
Liquidation
tkelley on DSK3SPTVN1PROD with NOTICES
In accordance with section
735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
GOES from the Czech Republic, as
described in Appendix I of this notice,
for AMFM and the companies covered
by the all others rate which were
entered, or withdrawn from warehouse,
for consumption on or after May 9,
2014, the date of publication of the
preliminary determination of this
investigation in the Federal Register.
For entries made by Sujani, in
accordance with section 735(c)(4)(B) of
the Act, we will instruct CBP to suspend
liquidation of all appropriate entries of
GOES from the Czech Republic, as
described in Appendix I of this notice
which were entered, or withdrawn from
warehouse, for consumption on or after
February 8, 2014, which is 90 days prior
to the date of publication of the
preliminary determination of this
investigation in the Federal Register.
Further, the Department will instruct
CBP to require a cash deposit equal to
the amount by which normal value
exceeds U.S. price as follows: (1) For the
mandatory respondents listed above, the
cash deposit rate will be equal to the
dumping margin which the Department
determined in this final determination;
(2) if the exporter is not a mandatory
respondent identified in this
investigation, but the producer is, the
People’s Republic of China, 73 FR 31970, 31972–
31973 (June 5, 2008); and Small Diameter Graphite
Electrodes From the People’s Republic of China, 74
FR 2049, 2052–2053 (January 14, 2009) (SDGE Final
Determination).
12 See the ‘‘Verification’’ section of this
memorandum, above.
13 See SDGE Final Determination, 74 FR at 2052–
2053.
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16:44 Sep 26, 2014
Jkt 232001
cash deposit rate will be the rate
established for the producer of the
subject merchandise; and (3) the cash
deposit rates for all other producers or
exporters will be 13.76 percent. The
suspension of liquidation instructions
will remain in effect until further notice.
ITC Notification
In accordance with section 735(d) of
the Act, we will notify the ITC of the
final affirmative determination of sales
at LTFV. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
GOES from the Czech Republic no later
than 45 days after our final
determination. If the ITC determines
that material injury or threat of material
injury does not exist, the proceeding
will be terminated and all cash deposits
will be refunded. If the ITC determines
that such injury does exist, the
Department will issue an antidumping
duty order directing CBP to assess, upon
further instruction by the Department,
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Orders (APO)
in coils or in straight lengths. The GOES that
is subject to this investigation is currently
classifiable under subheadings 7225.11.0000,
7226.11.1000, 7226.11.9030, and
7226.11.9060 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
Excluded are flat-rolled products not in coils
that, prior to importation into the United
States, have been cut to a shape and
undergone all punching, coating, or other
operations necessary for classification in
Chapter 85 of the HTSUS as a transformer
part (i.e., laminations).
Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
General Comments
1. Affiliation Between AMFM and Sujani
2. The Knowledge Test
Company-Specific Comments
AMFM
3. Home Market Sale Outside the Ordinary
Course of Trade
4. Indirect Selling Expenses
5. Packing Expenses
6. CEP Offset
7. Electricity
8. Rolls and Roller Adjustment to Cost of
Manufacturing
9. Verification Changes to AMFM’s Cost
Data
10. Profit
Sujani
11. Total Facts Available for Sujani
12. Other Sujani Adjustments
This notice serves as a reminder to
parties subject to APO of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act.
[FR Doc. 2014–23124 Filed 9–26–14; 8:45 am]
Dated: September 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
AGENCY:
Appendix I—Scope of the Investigation
The scope of this investigation covers
grain-oriented silicon electrical steel (GOES).
GOES is a flat-rolled alloy steel product
containing by weight at least 0.6 percent but
not more than 6 percent of silicon, not more
than 0.08 percent of carbon, not more than
1.0 percent of aluminum, and no other
element in an amount that would give the
steel the characteristics of another alloy steel,
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–992]
Monosodium Glutamate From the
People’s Republic of China: Final
Determination of Sales at Less Than
Fair Value and the Final Affirmative
Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: September 29,
2014.
SUMMARY: The Department of Commerce
(the Department) determines that
monosodium glutamate (MSG) from the
People’s Republic of China (PRC) is
being, or is likely to be, sold in the
United States at less than fair value
(LTFV), as provided in section 735 of
the Tariff Act of 1930, as amended (the
Act). The final weighted-average
E:\FR\FM\29SEN1.SGM
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Agencies
[Federal Register Volume 79, Number 188 (Monday, September 29, 2014)]
[Notices]
[Pages 58324-58326]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23124]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-851-803]
Grain-Oriented Electrical Steel From the Czech Republic: Final
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
grain-oriented electrical steel (GOES) from the Czech Republic is
being, or is likely to be, sold in the United States at less than fair
value (LTFV), as provided in section 735 of the Tariff Act of 1930, as
amended (the Act). In addition, we determine that critical
circumstances exist with respect to imports of the subject merchandise
from the Czech Republic. The period of investigation (POI) is July 1,
2012, through June 30, 2013. The final dumping margins of sales at LTFV
are listed below in the ``Final Determination'' section of this notice.
DATES: Effective Date: September 29, 2014.
FOR FURTHER INFORMATION CONTACT: Stephen Bailey at (202) 482-0193 or
Dennis McClure at (202) 482-5973; AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Background
On May 9, 2014, the Department published the Preliminary
Determination of sales at LTFV of GOES from the Czech Republic.\1\ The
following events occurred since the Preliminary Determination was
issued.
---------------------------------------------------------------------------
\1\ See Grain-Oriented Electrical Steel From the Czech Republic:
Preliminary Determination of Sales at Less Than Fair Value, Negative
Preliminary Determination of Critical Circumstances, and
Postponement of Final Determination, 79 FR 26717 (May 9, 2014)
(Preliminary Determination).
---------------------------------------------------------------------------
In May 2014, the Department verified the sales data submitted by
ArcelorMittal Frydek-Mistek (AMFM) and its U.S. affiliate,
ArcelorMittal International America LLC, in accordance with section
782(i) of the Act. We also issued a supplemental cost of production
(COP) questionnaire to AMFM on May 9, 2014, and received the response
to this supplemental questionnaire on June 3, 2014.
In June 2014, we verified the COP information submitted by AMFM,
and we attempted to verify the sales information submitted by Sujani
Enterprises, Ltd. (Sujani), in accordance with section 782(i) of the
Act.
We invited interested parties to comment on the Preliminary
Determination. On July 28 and August 4, 2014, the domestic industry,\2\
AMFM, and Sujani submitted case and rebuttal briefs, respectively.
---------------------------------------------------------------------------
\2\ The domestic industry includes AK Steel Corporation,
Allegheny Ludlum, LLC, and the United Steelworkers (i.e., the
parties filing the petition), as well as one additional domestic
interested party, the International Union, United Automobile,
Aerospace, and Agricultural Implemental Workers of America (UAW).
---------------------------------------------------------------------------
Scope of the Investigation
The scope of the investigation covers GOES, which is a flat-rolled
alloy steel product containing by weight specific levels of silicon,
carbon, and aluminum. For a complete description of the scope of the
investigation, see Appendix I of this notice.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum,
which is hereby adopted by this notice. A list of the issues raised is
attached to this notice as Appendix II. The Issues and 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 http://iaaccess.trade.gov and it 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 Issues and Decision Memorandum can be accessed directly at
http://enforcement.trade.gov/frn/index.html. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
Verification
As provided in section 782(i) of the Act, in May and June 2014, we
verified the sales and cost information submitted by AMFM for use in
our final determination. We used standard verification procedures,
including an examination of relevant accounting and production records,
and original source documents provided by AMFM.\3\
---------------------------------------------------------------------------
\3\ See Memorandum to the File from Stephen Bailey and Dennis
McClure, Senior Analysts, entitled ``Verification of ArcelorMittal
International America LLC in the Less-Than-Fair-Value Investigation
of Grain-Oriented Electrical Steel from the Czech Republic,'' dated
June 11, 2014; Memorandum to the File from Stephen Bailey and Dennis
McClure, Senior Analysts, entitled ``Verification of Sales Response
of ArcelorMittal Fr[yacute]dek-M[iacute]stek in the Less-Than-Fair-
Value Investigation of Grain-Oriented Electrical Steel from the
Czech Republic,'' dated July 3, 2014; and Memorandum to the File
from Christopher J. Zimpo, Senior Accountant, entitled
``Verification of Cost Response of ArcelorMittal Frydek-Mistek
(``AMFM'') in the Antidumping Duty Investigation of Grain-Oriented
Electrical Steel from the Czech Republic,'' dated July 18, 2014.
---------------------------------------------------------------------------
In addition, as provided in section 782(i) of the Act, in June
2014, we also attempted to verify the sales information submitted by
Sujani, using standard verification procedures.\4\ However, as noted in
the Sujani Sales Verification Report, Sujani was unable to substantiate
the data in its accounting system using independent sources, and it
withheld information when requested by the Department's verifiers. As a
consequence, we find that Sujani's reported data is unverifiable, and
so incomplete that it cannot serve as a reliable basis for reaching a
determination in this investigation.\5\
---------------------------------------------------------------------------
\4\ See Memorandum to the File from Dennis McClure, Senior
Analyst, and Stephen Banea, Analyst, Office II, AD/CVD Operations,
entitled, ``Verification of Sujani Enterprises, Inc. in the Less-
Than-Fair-Value Investigation of Grain-Oriented Electrical Steel
from the Czech Republic,'' dated July 16, 2013 (Sujani Sales
Verification Report).
\5\ See sections 782(e)(2) and (3) of the Act.
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[[Page 58325]]
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculation for
AMFM. For a discussion of these changes, see the ``Margin
Calculations'' section of the Issues and Decision Memorandum.
With respect to Sujani, as noted in the ``Verification'' section
above, we found that Sujani's reported sales information could not be
verified. As a consequence, for purposes of the final determination, we
find that necessary information is not available on the record, and
that Sujani withheld information requested by the Department,
significantly impeded the proceeding, and provided information that
could not be verified, within the meaning of sections 776(a)(1) and
776(a)(2)(A), (C), and (D) of the Act. Furthermore, we find that Sujani
failed to cooperate by not acting to the best of its ability in this
proceeding because it failed to provide complete information at the
Department's request, although it possessed this information. Thus,
pursuant to section 776(b) of the Act and 19 CFR 351.308(a), and
consistent with sections 782(e)(2) and (3) of the Act, we have based
Sujani's dumping margin on total adverse facts available (AFA). For
further discussion, see Issues and Decision Memorandum at Comment 11.
``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 any zero or de
minimis margins, and margins determined entirely under section 776 of
the Act. In the Preliminary Determination, the Department calculated
the ``all others'' rate based on the average of AMFM's and Sujani's
margins. In light of the Department's use of total AFA for Sujani for
purposes of this final determination, Sujani's rate is no longer
appropriate for use in calculating the ``all others'' rate. Therefore,
the Department has assigned AMFM's weighted-average dumping margin of
13.76 percent to all other entities not individually examined.
Final Determination
The final weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Dumping margin
Manufacturer/Exporter (percent)
------------------------------------------------------------------------
ArcelorMittal Frydek-Mistek............................. 13.76
Sujani Enterprises, Ltd................................. 35.93
All Others.............................................. 13.76
------------------------------------------------------------------------
Final Determination of Critical Circumstances
For AMFM and the companies covered by the all others rate, we made
no changes to our critical circumstances analysis announced in the
Preliminary Determination and described in the ``Decision Memorandum
for the Preliminary Determination of the Antidumping Duty Investigation
of Grain-Oriented Electrical Steel from the Czech Republic.'' \6\ Thus,
pursuant to 735(a)(3) of the Act, we continue to find that critical
circumstances do not exist with respect to imports of GOES from the
Czech Republic from AMFM and the companies covered by the all others
rate.
---------------------------------------------------------------------------
\6\ See Preliminary Determination, 79 FR at 26717, and
accompanying Preliminary Issues and Decision Memorandum at 16-18.
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For Sujani, because we now find it to be uncooperative, we are
determining for Sujani, as AFA, a final dumping margin of 35.93
percent, which is the highest model-specific margin calculated for
AMFM. In performing its critical circumstances analysis, the Department
normally considers margins of 25 percent or more for export price sales
and 15 percent or more for constructed export price sales sufficient to
impute importer knowledge of sales at LTFV.\7\ Because Sujani's final
dumping margin exceeds the threshold sufficient to impute knowledge of
dumping, this margin provides a sufficient basis for imputing knowledge
of sales of subject merchandise at LTFV to the importers, as set forth
in section 735(a)(3)(ii) of the Act.
---------------------------------------------------------------------------
\7\ See, e.g., Carbon and Alloy Steel Wire Rod From Germany,
Mexico, Moldova, Trinidad and Tobago, and Ukraine: Preliminary
Determination of Critical Circumstances, 67 FR 6224, 6225 (February
11, 2002) (Steel Wire Rod Preliminary Determination), unchanged in
Notice of Final Determination of Sales at Less Than Fair Value:
Carbon and Certain Alloy Steel Wire Rod From Moldova, 67 FR 55790
(Steel Wire Rod Moldova Final Determination); Affirmative
Preliminary Determination of Critical Circumstances: Magnesium Metal
From the People's Republic of China, 70 FR 5606, 5607 (February 3,
2005) (Magnesium Metal Preliminary Critical Circumstances
Determination), unchanged in Final Determination of Sales at Less
Than Fair Value and Affirmative Critical Circumstances: Magnesium
Metal From the People's Republic of China, 70 FR 9037 (Magnesium
Metal Final Determination) (February 24, 2005).
---------------------------------------------------------------------------
In determining whether an importer knew or should have known that
there was likely to be material injury caused by reason of such
imports, the Department normally will look to the preliminary injury
determination of the International Trade Commission (ITC).\8\ If the
ITC finds a reasonable indication of material injury to the relevant
U.S. industry, the Department will determine that a reasonable basis
exists to impute importer knowledge that material injury is likely by
reason of such imports.\9\ Here, the ITC found that ``there is a
reasonable indication that an industry in the United States is
materially injured by reason of imports from China, Czech Republic,
Germany, Japan, Korea, Poland, and Russia of grain-oriented electrical
steel, provided for in subheadings 7225.11.00, 7226.11.10, and
7226.11.90 of the Harmonized Tariff Schedule of the United States. . .
.'' \10\ Therefore, the ITC's preliminary injury determination in this
investigation is sufficient to impute knowledge of the likelihood of
material injury.
---------------------------------------------------------------------------
\8\ See, e.g., Certain Potassium Phosphate Salts From the
People's Republic of China: Preliminary Affirmative Determination of
Critical Circumstances in the Antidumping Duty Investigation, 75 FR
24572, 24573 (May 5, 2010), unchanged in Certain Potassium Phosphate
Salts From the People's Republic of China: Final Determination of
Sales at Less Than Fair Value and Termination of Critical
Circumstances Inquiry, 75 FR 30377 (June 1, 2010).
\9\ See, e.g., Steel Wire Rod Preliminary Determination,
Unchanged in Steel Wire Rod Moldova Final Determination; and
Magnesium Metal Preliminary Critical Circumstances Determination,
unchanged in Magnesium Metal Final Determination.
\10\ See Grain-Oriented Electrical Steel From China, Czech
Republic, Germany, Japan, Korea, Poland, and Russia; Determinations,
78 FR 70574 (November 26, 2013).
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Section 351.206(h)(1) of the Department's regulations provides
that, in determining whether imports of the subject merchandise were
``massive,'' the Department normally will examine: (i) The volume and
value of the imports; (ii) seasonal trends; and (iii) the share of
domestic consumption accounted for by the imports. In addition, 19 CFR
351.206(h)(2) provides that, ``{i{time} n general, unless the imports
during the `relatively short period' . . . have increased by at least
15 percent over the imports during an immediately preceding period of
comparable duration, the Secretary will not consider the imports
massive.'' It is the Department's practice to conduct its massive
imports analysis based on the experience of investigated companies,
using the reported monthly shipment data for the base and comparison
periods.\11\ However, as noted above, we
[[Page 58326]]
determined that Sujani has not acted to the best of its ability in
responding to our requests for information.\12\ Therefore, the
Department determines that the use of adverse facts available is
warranted. Accordingly, we find that there were massive imports of
subject merchandise from Sujani, pursuant to our practice.\13\
---------------------------------------------------------------------------
\11\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value and Affirmative Final Determination of Critical
Circumstances: Circular Welded Carbon Quality Steel Pipe From the
People's Republic of China, 73 FR 31970, 31972-31973 (June 5, 2008);
and Small Diameter Graphite Electrodes From the People's Republic of
China, 74 FR 2049, 2052-2053 (January 14, 2009) (SDGE Final
Determination).
\12\ See the ``Verification'' section of this memorandum, above.
\13\ See SDGE Final Determination, 74 FR at 2052-2053.
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Given the analysis above, we determine that critical circumstances
exist with respect to imports of GOES from Sujani.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of GOES from the Czech
Republic, as described in Appendix I of this notice, for AMFM and the
companies covered by the all others rate which were entered, or
withdrawn from warehouse, for consumption on or after May 9, 2014, the
date of publication of the preliminary determination of this
investigation in the Federal Register. For entries made by Sujani, in
accordance with section 735(c)(4)(B) of the Act, we will instruct CBP
to suspend liquidation of all appropriate entries of GOES from the
Czech Republic, as described in Appendix I of this notice which were
entered, or withdrawn from warehouse, for consumption on or after
February 8, 2014, which is 90 days prior to the date of publication of
the preliminary determination of this investigation in the Federal
Register.
Further, the Department will instruct CBP to require a cash deposit
equal to the amount by which normal value exceeds U.S. price as
follows: (1) For the mandatory respondents listed above, the cash
deposit rate will be equal to the dumping margin which the Department
determined in this final determination; (2) if the exporter is not a
mandatory respondent identified in this investigation, but the producer
is, the cash deposit rate will be the rate established for the producer
of the subject merchandise; and (3) the cash deposit rates for all
other producers or exporters will be 13.76 percent. The suspension of
liquidation instructions will remain in effect until further notice.
ITC Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of the final affirmative determination of sales at LTFV. Because
the final determination in this proceeding is affirmative, in
accordance with section 735(b)(2) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports of GOES from the Czech Republic no later than 45 days
after our final determination. If the ITC determines that material
injury or threat of material injury does not exist, the proceeding will
be terminated and all cash deposits will be refunded. If the ITC
determines that such injury does exist, the Department will issue an
antidumping duty order directing CBP to assess, upon further
instruction by the Department, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders (APO)
This notice serves as a reminder to parties subject to APO of their
responsibility concerning the disposition of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and the terms of an APO is a
sanctionable violation.
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act.
Dated: September 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The scope of this investigation covers grain-oriented silicon
electrical steel (GOES). GOES is a flat-rolled alloy steel product
containing by weight at least 0.6 percent but not more than 6
percent of silicon, not more than 0.08 percent of carbon, not more
than 1.0 percent of aluminum, and no other element in an amount that
would give the steel the characteristics of another alloy steel, in
coils or in straight lengths. The GOES that is subject to this
investigation is currently classifiable under subheadings
7225.11.0000, 7226.11.1000, 7226.11.9030, and 7226.11.9060 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of this investigation
is dispositive. Excluded are flat-rolled products not in coils that,
prior to importation into the United States, have been cut to a
shape and undergone all punching, coating, or other operations
necessary for classification in Chapter 85 of the HTSUS as a
transformer part (i.e., laminations).
Appendix II--List of Topics Discussed in the Issues and Decision
Memorandum
General Comments
1. Affiliation Between AMFM and Sujani
2. The Knowledge Test
Company-Specific Comments
AMFM
3. Home Market Sale Outside the Ordinary Course of Trade
4. Indirect Selling Expenses
5. Packing Expenses
6. CEP Offset
7. Electricity
8. Rolls and Roller Adjustment to Cost of Manufacturing
9. Verification Changes to AMFM's Cost Data
10. Profit
Sujani
11. Total Facts Available for Sujani
12. Other Sujani Adjustments
[FR Doc. 2014-23124 Filed 9-26-14; 8:45 am]
BILLING CODE 3510-DS-P