Non-Oriented Electrical Steel From Taiwan: Final Determination of Sales at Less Than Fair Value, 61614-61616 [2014-24368]
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Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Notices
publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
Continuation of Suspension of
Liquidation
Pursuant to 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
entries of non-oriented electrical steel
from the Republic of Korea which were
entered, or withdrawn from warehouse,
for consumption on or after May 22,
2014, the date of publication of the
Preliminary Determination. We also will
instruct CBP to require a cash deposit
equal to the weighted-average amount
by which normal value exceeds U.S.
price, as follows: (1) The cash deposit
rate for the mandatory respondent listed
above will be equal to the estimated
weighted-average dumping margin
determined in this final determination;
(2) if the exporter is not a firm identified
in this investigation but the producer is,
then the cash deposit rate will be equal
to the estimated weighted-average
dumping margin established for the
producer of the subject merchandise; (3)
the cash deposit rate for all other
producers or exporters will be 6.88
percent, as discussed in the ‘‘All Others
Rate’’ section, below. These suspension
of liquidation instructions will remain
in effect until further notice.
likelihood of sales) for importation of
the subject merchandise. If the ITC
determines that such injury exists, 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withdrawn from warehouse, for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.
Return or Destruction of Proprietary
Information
This notice will serve as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the destruction or
return 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.
The Department of Commerce
(‘‘Department’’) determines that nonoriented 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
735 of the Tariff Act of 1930, as
amended (the ‘‘Act’’). The final
weighted-average dumping margins of
sales at LTFV are listed in the ‘‘Final
Determination’’ section of this notice.
DATES: Effective Date: October 14, 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:
SUMMARY:
Background
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 any
rates that are zero, de minimis, or
determined entirely under section 776
of the Act. Accordingly, the ‘‘All
Others’’ rate is equal to the estimated
weighted-average dumping margin
calculated for POSCO, the only
company for which the Department
calculated a rate.6
mstockstill on DSK4VPTVN1PROD with NOTICES
Dated: October 6, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
The Department published its
Preliminary Determination on May 22,
2014.1 We invited parties to comment
on our Preliminary Determination. On
August 11, 2014, we received case briefs
from China Steel Corporation (‘‘CSC’’),
and AK Steel Corporation
(‘‘Petitioner’’).2 On August 18, 2014,
CSC submitted a rebuttal brief.3 Based
on an analysis of the comments
received, the Department made changes
from the Preliminary Determination.
Appendix
Period of Investigation
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Critical Circumstances
IV. Scope of the Investigation
V. Margin Calculations
VI. Discussion of the Issues
1. Home Market Level of Trade
2. Home Market Sales Outside of the
Ordinary Course of Trade
3. Denial of Offsets for Non-Dumped Sales
When Using the Average-to-Transaction
Method as an Alternative Comparison
Method
VII. Recommendation
The period of investigation (‘‘POI’’) is
July 1, 2012, through June 30, 2013.
U.S. International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we notified the U.S.
International Trade Commission (ITC) of
our final determination. As our final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will determine within 45
days whether the domestic industry in
the United States is materially injured,
or threatened with material injury, by
reason of imports or sales (or the
[FR Doc. 2014–24374 Filed 10–10–14; 8:45 am]
6 See
section 735(c)(5)(A) of the Act.
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Notification to Interested Parties
We are issuing and publishing this
determination and notice pursuant to
sections 735(d) and 777(i)(l) 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
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–851]
Non-Oriented Electrical Steel From
Taiwan: Final Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
PO 00000
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1 See Non-Oriented Electrical Steel from Taiwan:
Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination, 79 FR 29428 (May 22, 2014)
(‘‘Preliminary Determination’’).
2 See Letter from CSC to the Department
regarding, ‘‘Non-Oriented Electrical Steel (NOES)
from Taiwan—China Steel Case Brief,’’ dated
August 11, 2014; see also Letter from Petitioner to
the Department regarding, ‘‘Non-Oriented Electrical
Steel From Taiwan: Petitioner’s Case Brief,’’ dated
August 11, 2014.
3 See Letter from CSC to the Department
regarding, ‘‘Non-Oriented Electrical Steel (NOES)
from Taiwan—China Steel Rebuttal Brief,’’ dated
August 18, 2014.
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Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Notices
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.
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.
For a complete description of the scope
of this investigation, see the Issues and
Decision Memorandum, dated
concurrently with this notice.4
Use of Facts Otherwise Available and
Adverse Facts Available (AFA)
In the Preliminary Determination, we
stated that 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. Pursuant to
section 776 of the Act, the Department
continues to find it appropriate to base
Leicong’s rate on AFA. Further, we
continue to find that the margin in the
Petition, which we determined during
our pre-initiation analysis was based on
adequate and accurate information, and
which we corroborated in the
Preliminary Determination, is the
appropriate AFA rate for Leicong. In
applying AFA, we are assigning Leicong
a rate of 52.23 percent.
mstockstill on DSK4VPTVN1PROD with NOTICES
Verification
As provided in section 782(i) of the
Act, the Department conducted sales
and cost verifications of the
4 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance regarding, ‘‘Issues and Decision
Memorandum for the Final Determination of Sales
at Less Than Fair Value: Non-Oriented Electrical
Steel from Taiwan,’’ dated October 6, 2014 (‘‘Issues
and Decision Memorandum’’).
VerDate Sep<11>2014
16:59 Oct 10, 2014
Jkt 235001
questionnaire responses submitted by
CSC. The Department used standard
verification procedures, including
examination of relevant accounting and
production records and original source
documents provided by the respondent.
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. A list of
the issues raised by the parties and to
which the Department responded in the
Issues and Decision Memorandum is
attached to this notice as an Appendix.
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 https://
iaaccess.trade.gov, and is available to all
parties in the Central Records Unit,
which is in room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/
index.html. The paper copy and
electronic version of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made the following
changes to the margin calculation for
CSC. We relied on the COP data
submitted by CSC except as follows:
• We allowed CSC’s full cost
allocation to secondary and salvage
products.
• We increased CSC’s cost of
manufacturing to reflect the market
value of its affiliated party purchases of
scrap in accordance with the
transactions disregarded rule of section
773(f)(2) of the Act.
• For difference-in-merchandise
(‘‘DIFMER’’) purposes, we excluded
CSC’s depreciation expense for all
stages of production (i.e., steelmaking
through the electrical steel process)
from the variable cost of manufacturing
(‘‘VCOM’’). This results in a decrease to
the per-unit VCOM for DIFMER
purposes.
For additional details on the above
issues, see Memorandum to Neal M.
Halper, Director of Office of Accounting,
‘‘Cost of Production and Constructed
Value Calculation Adjustments for the
PO 00000
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61615
Final Determination—China Steel
Corporation,’’ dated October 6, 2014.
Final Determination
The Department determines that the
following final dumping margins exist
for the POI:
Producer or exporter
China Steel Corporation ...........
Leicong Industrial Company,
Ltd .........................................
All Others ..................................
Weightedaverage
dumping
margin
(%)
27.54
52.23
27.54
Disclosure
The Department intends to disclose
calculations performed for this final
determination to the parties within five
days of the date of publication of this
notice in accordance with 19 CFR
351.224(b).
Continuation of Suspension of
Liquidation
Pursuant to section 735(c)(1)(B) of the
Act, we will instruct U.S. Customs and
Border Protection (CBP) to continue to
suspend liquidation of all entries of
NOES from Taiwan which were entered,
or withdrawn from warehouse, for
consumption on or after May 22, 2014,
the date of publication of the
Preliminary Determination. We will
instruct CBP to require a cash deposit
equal to the weighted-average amount
by which normal value exceeds U.S.
price, as follows: (1) The rates for CSC
and Leicong Industrial Company, Ltd.
will be the rates we have determined in
this final determination; (2) if the
exporter is not a firm identified in this
investigation but the producer is, the
rate will be the rate established for the
producer of the subject merchandise; (3)
the rate for all other producers or
exporters will be 27.54 percent, as
discussed in the ‘‘All Others Rate’’
section, below. These suspension of
liquidation instructions will remain in
effect until further notice.
‘‘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 any
margins determined entirely under
section 776 of the Act. CSC is the only
respondent in this investigation for
which we calculated a company-specific
rate that is not zero, de minimis, or
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Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Notices
determined entirely under section 776
of the Act. Therefore, for purposes of
determining the ‘‘all others’’ rate and
pursuant to section 735(c)(5)(A) of the
Act, we are using the dumping margin
calculated for CSC, 27.54 percent, for
the ‘‘all others’’ rate, as referenced
above.
U.S. International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 735(d) of
the Act, we notified the International
Trade Commission (ITC) of our final
determination. As our final
determination is affirmative, and in
accordance with section 735(b)(2) of the
Act, the ITC will determine, within 45
days, whether the domestic industry in
the United States is materially injured,
or threatened with material injury, by
reason of imports or sales (or the
likelihood of sales) for importation of
NOES from Taiwan. If the ITC
determines that such injury does exist,
the Department will issue an
antidumping duty order directing CBP
to assess 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 also serves as a reminder
to the parties subject to APO of their
responsibility concerning the
disposition of propriety information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of return or destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act.
Dated: October 6, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
mstockstill on DSK4VPTVN1PROD with NOTICES
Appendix
Issues for the Final Determination
Summary
Background
Period of Investigation
Scope of the Investigation
Discussion of Issues
Comment 1: Whether the Department
Should Exclude CSC’s Sales Ultimately
Destined to a Third Country From the
Margin Calculation
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16:59 Oct 10, 2014
Jkt 235001
Comment 2: Difference Between POI Net
Cost of Manufacturing and Total Cost of
Manufacturing
Comment 3: Fixed Overhead (FOH) for
CONNUM 16216011
Recommendation
[FR Doc. 2014–24368 Filed 10–10–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Notice of Intent To Prepare an
Environmental Impact Statement on
the Issuance of Take Authorizations in
Cook Inlet, Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
The National Marine
Fisheries Service (NMFS) announces its
intent to prepare an Environmental
Impact Statement (EIS) to analyze the
environmental impacts of issuing
Incidental Take Authorizations (ITAs)
pursuant to the Marine Mammal
Protection Act (MMPA) for the taking of
marine mammals incidental to
anthropogenic activities in the waters of
Cook Inlet, Alaska. NMFS will hold a
public scoping meeting to begin the
scoping process.
DATES: All comments, written
statements, and questions regarding the
scoping process and preparation of the
EIS must be received no later than
December 29, 2014.
ADDRESSES: You may submit comments
and statements regarding the scoping for
this EIS, identified by NOAA–NMFS–
2014–0129, by any of the following
methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
enter NOAA–NMFS–2014–0129 in the
keyword search. Locate the document
you wish to comment on from the
resulting list and click on the
‘‘Comment Now’’ icon on the right of
that line.
• Mail: Jolie Harrison, Chief, Permits
and Conservation Division, Office of
Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD
20910.
• Fax: (301) 713–0376, Attn: Jolie
Harrison.
• Public Meeting: Oral and written
comments will be accepted during the
upcoming public scoping meeting on
SUMMARY:
PO 00000
Frm 00021
Fmt 4703
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Monday, November 3, 2014. See
Public
Meetings for more information.
Instructions: Comments must be
submitted by one of the above methods
to ensure that the comments are
received, documented, and considered
by NMFS. Comments sent by any other
method, to any other address or
individual, or received after the end of
the comment period, may not be
considered. All comments received are
a part of the public record and will
generally be posted for public viewing
on www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.) submitted
voluntarily by the sender will be
publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word or Excel or Adobe PDF file
formats only. We request that you
include background documents to
support your comments as appropriate.
FOR FURTHER INFORMATION CONTACT: Jolie
Harrison, Office of Protected Resources,
NMFS, at (301) 427–8401.
SUPPLEMENTARY INFORMATION:
SUPPLEMENTARY INFORMATION,
Background
Sections 101 (a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment for a period of one year or
less, a notice of proposed authorization
is provided to the public for review. The
term ‘‘take’’ under the MMPA means ‘‘to
harass, hunt, capture or kill, or attempt
to harass, hunt, capture, or kill.’’ Except
with respect to certain activities not
pertinent here, the MMPA defines
‘‘harassment’’ as ‘‘any act of pursuit,
torment, or annoyance which (i) has the
potential to injure a marine mammal or
marine mammal stock in the wild [Level
A harassment]; or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns,
including, but not limited to, migration,
breathing, nursing, breeding, feeding, or
sheltering [Level B harassment].’’
Authorization for incidental takings
shall be granted if NMFS finds that the
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]]>Agencies
[Federal Register Volume 79, Number 198 (Tuesday, October 14, 2014)]
[Notices]
[Pages 61614-61616]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24368]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-851]
Non-Oriented Electrical Steel From Taiwan: Final Determination of
Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') 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 735 of the Tariff Act of 1930, as
amended (the ``Act''). The final weighted-average dumping margins of
sales at LTFV are listed in the ``Final Determination'' section of this
notice.
DATES: Effective Date: October 14, 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 its Preliminary Determination on May 22,
2014.\1\ We invited parties to comment on our Preliminary
Determination. On August 11, 2014, we received case briefs from China
Steel Corporation (``CSC''), and AK Steel Corporation
(``Petitioner'').\2\ On August 18, 2014, CSC submitted a rebuttal
brief.\3\ Based on an analysis of the comments received, the Department
made changes from the Preliminary Determination.
---------------------------------------------------------------------------
\1\ See Non-Oriented Electrical Steel from Taiwan: Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 79 FR 29428 (May 22, 2014) (``Preliminary
Determination'').
\2\ See Letter from CSC to the Department regarding, ``Non-
Oriented Electrical Steel (NOES) from Taiwan--China Steel Case
Brief,'' dated August 11, 2014; see also Letter from Petitioner to
the Department regarding, ``Non-Oriented Electrical Steel From
Taiwan: Petitioner's Case Brief,'' dated August 11, 2014.
\3\ See Letter from CSC to the Department regarding, ``Non-
Oriented Electrical Steel (NOES) from Taiwan--China Steel Rebuttal
Brief,'' dated August 18, 2014.
---------------------------------------------------------------------------
Period of Investigation
The period of investigation (``POI'') is July 1, 2012, through June
30, 2013.
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
[[Page 61615]]
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.
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.
For a complete description of the scope of this investigation, see the
Issues and Decision Memorandum, dated concurrently with this notice.\4\
---------------------------------------------------------------------------
\4\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance
regarding, ``Issues and Decision Memorandum for the Final
Determination of Sales at Less Than Fair Value: Non-Oriented
Electrical Steel from Taiwan,'' dated October 6, 2014 (``Issues and
Decision Memorandum'').
---------------------------------------------------------------------------
Use of Facts Otherwise Available and Adverse Facts Available (AFA)
In the Preliminary Determination, we stated that 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.
Pursuant to section 776 of the Act, the Department continues to find it
appropriate to base Leicong's rate on AFA. Further, we continue to find
that the margin in the Petition, which we determined during our pre-
initiation analysis was based on adequate and accurate information, and
which we corroborated in the Preliminary Determination, is the
appropriate AFA rate for Leicong. In applying AFA, we are assigning
Leicong a rate of 52.23 percent.
Verification
As provided in section 782(i) of the Act, the Department conducted
sales and cost verifications of the questionnaire responses submitted
by CSC. The Department used standard verification procedures, including
examination of relevant accounting and production records and original
source documents provided by the respondent.
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.
A list of the issues raised by the parties and to which the Department
responded in the Issues and Decision Memorandum is attached to this
notice as an Appendix. 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
https://iaaccess.trade.gov, and is available to all parties in the
Central Records Unit, which is in room 7046 of the main Department of
Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the internet at https://enforcement.trade.gov/frn/. The paper copy and electronic
version of the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made the following changes to the margin calculation
for CSC. We relied on the COP data submitted by CSC except as follows:
We allowed CSC's full cost allocation to secondary and
salvage products.
We increased CSC's cost of manufacturing to reflect the
market value of its affiliated party purchases of scrap in accordance
with the transactions disregarded rule of section 773(f)(2) of the Act.
For difference-in-merchandise (``DIFMER'') purposes, we
excluded CSC's depreciation expense for all stages of production (i.e.,
steelmaking through the electrical steel process) from the variable
cost of manufacturing (``VCOM''). This results in a decrease to the
per-unit VCOM for DIFMER purposes.
For additional details on the above issues, see Memorandum to Neal M.
Halper, Director of Office of Accounting, ``Cost of Production and
Constructed Value Calculation Adjustments for the Final Determination--
China Steel Corporation,'' dated October 6, 2014.
Final Determination
The Department determines that the following final dumping margins
exist for the POI:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin (%)
------------------------------------------------------------------------
China Steel Corporation.................................... 27.54
Leicong Industrial Company, Ltd............................ 52.23
All Others................................................. 27.54
------------------------------------------------------------------------
Disclosure
The Department intends to disclose calculations performed for this
final determination to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
Pursuant to section 735(c)(1)(B) of the Act, we will instruct U.S.
Customs and Border Protection (CBP) to continue to suspend liquidation
of all entries of NOES from Taiwan which were entered, or withdrawn
from warehouse, for consumption on or after May 22, 2014, the date of
publication of the Preliminary Determination. We will instruct CBP to
require a cash deposit equal to the weighted-average amount by which
normal value exceeds U.S. price, as follows: (1) The rates for CSC and
Leicong Industrial Company, Ltd. will be the rates we have determined
in this final determination; (2) if the exporter is not a firm
identified in this investigation but the producer is, the rate will be
the rate established for the producer of the subject merchandise; (3)
the rate for all other producers or exporters will be 27.54 percent, as
discussed in the ``All Others Rate'' section, below. These suspension
of liquidation instructions will remain in effect until further notice.
``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 any margins determined entirely under section 776
of the Act. CSC is the only respondent in this investigation for which
we calculated a company-specific rate that is not zero, de minimis, or
[[Page 61616]]
determined entirely under section 776 of the Act. Therefore, for
purposes of determining the ``all others'' rate and pursuant to section
735(c)(5)(A) of the Act, we are using the dumping margin calculated for
CSC, 27.54 percent, for the ``all others'' rate, as referenced above.
U.S. International Trade Commission (``ITC'') Notification
In accordance with section 735(d) of the Act, we notified the
International Trade Commission (ITC) of our final determination. As our
final determination is affirmative, and in accordance with section
735(b)(2) of the Act, the ITC will determine, within 45 days, whether
the domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports or sales (or the
likelihood of sales) for importation of NOES from Taiwan. If the ITC
determines that such injury does exist, the Department will issue an
antidumping duty order directing CBP to assess 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 also serves as a reminder to the parties subject to APO
of their responsibility concerning the disposition of propriety
information disclosed under APO in accordance with 19 CFR 351.305.
Timely written notification of return or destruction of APO materials
or conversion to judicial protective order is hereby requested. Failure
to comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act.
Dated: October 6, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
Issues for the Final Determination
Summary
Background
Period of Investigation
Scope of the Investigation
Discussion of Issues
Comment 1: Whether the Department Should Exclude CSC's Sales
Ultimately Destined to a Third Country From the Margin Calculation
Comment 2: Difference Between POI Net Cost of Manufacturing and
Total Cost of Manufacturing
Comment 3: Fixed Overhead (FOH) for CONNUM 16216011
Recommendation
[FR Doc. 2014-24368 Filed 10-10-14; 8:45 am]
BILLING CODE 3510-DS-P
