Non-Oriented Electrical Steel From the Republic of Korea: Final Determination of Sales at Less Than Fair Value and Negative Final Determination of Critical Circumstances, 61612-61614 [2014-24374]

Download as PDF 61612 Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Notices amount by which the normal value exceeds the export price or constructed export price, adjusted where appropriate for export subsidies and estimated domestic subsidy passthrough.16 With regard to the PRC-wide entity, we find that an adjustment for export subsidies of 10.77 percent 17 is warranted because this is the export subsidy rate included in the countervailing duty rate to which all entries from the PRC-wide entity are currently subject. We are not adjusting the final determination rate for estimated domestic subsidy passthrough because we have no basis upon which to make such an adjustment. Thus, we will offset the estimated weighted-average dumping margin for the PRC-wide entity of 407.52 percent by the countervailing duty rate attributable to export subsidies (i.e., 10.77 percent) to calculate the cash deposit ad valorem rate for the PRCwide entity of 396.75 percent. The suspension of liquidation instructions will remain in effect until further notice. Combination Rates mstockstill on DSK4VPTVN1PROD with NOTICES In the Initiation Notice,18 the Department stated that it would calculate combination rates for PRC respondents that are eligible for a separate rate in this investigation. This practice is described in Policy Bulletin 05.1, available at https://enforcement. trade.gov/policy/. Because the Department has not granted a separate rate to any PRC respondent, the Department has not calculated combination rates for any PRC respondents. 16 See sections 772(c)(1)(C) and 777A(f) of the Act, respectively. Unlike in administrative reviews, the Department makes an adjustment for export subsidies in an LTFV investigation not in the calculation of the weighted-average dumping margin, but in the cash deposit instructions issued to CBP. See Notice of Final Determination of Sales at Less Than Fair Value, and Negative Determination of Critical Circumstances: Certain Lined Paper Products from India, 71 FR 45012 (August 8, 2006), and accompanying Issues and Decision Memorandum at comment 1. 17 The following subsidy programs countervailed in the final determination of the concurrent countervailing duty investigation are export subsidies: Preferential Export Financing from the Export-Import Bank of China (1.06 percent) and Tax Refunds for Reinvestment of FIE Profits in ExportOriented Enterprises (9.71 percent). See NonOriented Electrical Steel from the People’s Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination, and the accompanying Issues and Decision Memorandum at 8, signed concurrently with this notice. 18 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, 69046 (November 18, 2013). VerDate Sep<11>2014 16:59 Oct 10, 2014 Jkt 235001 Disclosure We described the calculations used to determine the estimated weightedaverage dumping margins based on adverse facts available in the Preliminary Determinations and Preliminary Determination PRC. We made no changes to our calculations since these preliminary affirmative determinations. Thus, no additional disclosure of calculations is necessary for the final determinations. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of our final affirmative determinations of sales at LTFV and final affirmative determinations of critical circumstances, in part. Because the final determinations in these proceedings are affirmative, section 735(b)(2) of the Act requires that the ITC make its final determinations 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 Germany, Japan, Sweden, and the PRC no later than 45 days after our final determinations. If the ITC determines that material injury or threat of material injury does not exist for any country, the associated proceeding will be terminated and all securities posted will be refunded. If the ITC determines that such injury does exist for any country, the Department will issue an antidumping duty order for that country 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 Order This notice serves as a reminder to the parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APOs 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 the terms of APOs is a sanctionable violation. Notification to Interested Parties These determinations are issued and published in accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c). PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 Dated: October 6, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix: Japan Issues and Decision Memorandum I. Summary II. Background III. Critical Circumstances IV. Scope Comments V. Scope of the Investigations VI. Discussion of the Issues Comment 1: Request for a Scope Clarification Comment 2: Request to Treat October 2013 as Part of the Base Period Rather Than the Comparison Period for Purposes of Critical Circumstances Comment 3: Request to Revise the Comparison Period for Purposes of Critical Circumstances VII. Recommendation [FR Doc. 2014–24372 Filed 10–10–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–872] Non-Oriented Electrical Steel From the Republic of Korea: Final Determination of Sales at Less Than Fair Value and Negative Final Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that imports of non-oriented electrical steel from the Republic of Korea are being, or are 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 estimated weighted-average dumping margins are listed below in the ‘‘Final Determination’’ section of this notice. DATES: Effective Date: October 14, 2014. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0665. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 22, 2014, the Department published the Preliminary Determination in the Federal Register.1 1 See Non-Oriented Electrical Steel from the Republic of Korea: Preliminary Affirmative E:\FR\FM\14OCN1.SGM 14OCN1 Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Notices In the Preliminary Determination, we postponed the final determination until no later than 135 days after the publication of the Preliminary Determination in accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), and invited parties to comment on our Preliminary Determination. We received case and rebuttal briefs from the petitioner, AK Steel Corporation, and POSCO/Daewoo International Corporation (collectively, POSCO) in August 2014. On June 19, 2014, POSCO requested a hearing, but withdrew its request on August 19, 2014.2 Period of Investigation The period of investigation is July 1, 2012, through June 30, 2013. Scope of the Investigation 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. mstockstill on DSK4VPTVN1PROD with NOTICES The merchandise subject to this investigation consists of non-oriented electrical steel (NOES), which includes cold-rolled, flat-rolled, alloy steel products, whether or not in coils, regardless of width, having an actual thickness of 0.20 mm or more, in which the core loss is substantially equal in any direction of magnetization in the plane of the material. The term ‘‘substantially equal’’ means that the cross grain direction of core loss is no more than 1.5 times the straight grain direction (i.e., the rolling direction) of core loss. NOES has a magnetic permeability that does not exceed 1.65 Tesla when tested at a field of 800 A/ m (equivalent to 10 Oersteds) along (i.e., parallel to) the rolling direction of the sheet (i.e., B800 value). NOES contains by weight more than 1.00 percent of silicon but less than 3.5 percent of silicon, not more than 0.08 percent of carbon, and not more than 1.5 percent of aluminum. NOES has a surface oxide coating, to which an insulation coating may be applied. NOES is subject to this investigation whether it is fully processed (i.e., fully annealed to develop final magnetic properties) or semi-processed (i.e., finished to final thickness and physical form but not fully annealed to develop final magnetic properties). Fully processed NOES is typically made to the requirements of ASTM specification A 677, Japanese Industrial Standards (JIS) specification C 2552, and/or All issues raised in the case and rebuttal briefs by parties to this investigation are addressed in the Issues and Decision Memorandum.3 A list of the issues which parties raised and to which we responded is in the Issues and Decision Memorandum and 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 it is available to all parties in the Central Records Unit (CRU), room 7046 of the main Department of Commerce building. In addition, a complete version of the Determination of Sales at Less Than Fair Value, Negative Preliminary Determination of Critical Circumstances, and Postponement of Final Determination, 79 FR 29426 (May 22, 2014) (Preliminary Determination). 2 See POSCO letter entitled ‘‘Non-Oriented Electrical Steel from the Republic of Korea: Withdrawal of Request for Hearing’’ dated August 19, 2014. 3 See the memorandum from Associate Deputy Assistant Secretary Gary Taverman to Assistant Secretary Paul Piquado entitled ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less than Fair Value Investigation of Non-Oriented Electrical Steel from the Republic of Korea’’ dated concurrently with this notice and hereby adopted by this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 16:59 Oct 10, 2014 Jkt 235001 Issues and Decision Memorandum can be accessed directly on the internet at https://enforcement.trade.gov/frn/ index.html. The signed and the electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Determination Based on our analysis of the comments received, pre-verification corrections, and our findings at verifications, we made certain changes to the margin calculations for POSCO. For a discussion of these changes, see the ‘‘Margin Calculations’’ section of the Issues and Decision Memorandum.4 Verification As provided in section 782(i) of the Act, in June and July 2014, we conducted sales and cost verifications of the questionnaire responses submitted by POSCO. We used standard verification procedures, including examination of relevant accounting and production records, as well as original source documents provided by POSCO.5 Final Determination The estimated weighted-average dumping margins for this final determination are as follows: Producer or exporter Analysis of Comments Received PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 61613 POSCO/Daewoo International Corporation .......... All Others .............................. Estimated weightedaverage dumping margin (percent) 6.88 6.88 Disclosure We intend to disclose the calculations performed for this final determination within five days after the date of 4 See also Memorandum to Neal Halper entitled ‘‘Cost of Production, Constructed Value, and Further Manufacturing Calculation Adjustments for the Final Determination—POSCO’’ dated concurrently with this notice and Memorandum to the File entitled ‘‘Final Determination of Sales at Less Than Fair Value in the Antidumping Duty Investigation of Non-Oriented Electrical Steel from the Republic of Korea—Analysis Memorandum for POSCO’’ dated concurrently with this notice. 5 See Memorandum to the File entitled ‘‘Verification of the Cost Response of POSCO Corporation in the Antidumping Duty Investigation of Non-Oriented Electrical Steel from the Republic of Korea’’ dated July 28, 2014; Memorandum to the File entitled ‘‘Verification of the Sales Response of POSCO in the Less-Than-Fair-Value Investigation of Non-Oriented Electrical Steel from the Republic of Korea’’ dated August 6, 2014; and Memorandum to the File entitled ‘‘Verification of the Sales Response of POSCO’s U.S. affiliate, Daewoo International America, in the Less-Than-Fair-Value Investigation of Non-Oriented Electrical Steel from the Republic of Korea’’ dated August 6, 2014. E:\FR\FM\14OCN1.SGM 14OCN1 61614 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. VerDate Sep<11>2014 16:59 Oct 10, 2014 Jkt 235001 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 Frm 00019 Fmt 4703 Sfmt 4703 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. E:\FR\FM\14OCN1.SGM 14OCN1

Agencies

[Federal Register Volume 79, Number 198 (Tuesday, October 14, 2014)]
[Notices]
[Pages 61612-61614]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24374]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-872]


Non-Oriented Electrical Steel From the Republic of Korea: Final 
Determination of Sales at Less Than Fair Value and Negative Final 
Determination of Critical Circumstances

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
imports of non-oriented electrical steel from the Republic of Korea are 
being, or are 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 estimated weighted-average dumping margins 
are listed below in the ``Final Determination'' section of this notice.

DATES: Effective Date: October 14, 2014.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0665.

SUPPLEMENTARY INFORMATION:

Background

    On May 22, 2014, the Department published the Preliminary 
Determination in the Federal Register.\1\

[[Page 61613]]

In the Preliminary Determination, we postponed the final determination 
until no later than 135 days after the publication of the Preliminary 
Determination in accordance with section 735(a)(2)(A) of the Act and 19 
CFR 351.210(b)(2)(ii), and invited parties to comment on our 
Preliminary Determination. We received case and rebuttal briefs from 
the petitioner, AK Steel Corporation, and POSCO/Daewoo International 
Corporation (collectively, POSCO) in August 2014. On June 19, 2014, 
POSCO requested a hearing, but withdrew its request on August 19, 
2014.\2\
---------------------------------------------------------------------------

    \1\ See Non-Oriented Electrical Steel from the Republic of 
Korea: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, Negative Preliminary Determination of Critical 
Circumstances, and Postponement of Final Determination, 79 FR 29426 
(May 22, 2014) (Preliminary Determination).
    \2\ See POSCO letter entitled ``Non-Oriented Electrical Steel 
from the Republic of Korea: Withdrawal of Request for Hearing'' 
dated August 19, 2014.
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Period of Investigation

    The period of investigation 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 more than 1.5 times the 
straight grain direction (i.e., the rolling direction) of core loss. 
NOES has a magnetic permeability that does not exceed 1.65 Tesla when 
tested at a field of 800 A/m (equivalent to 10 Oersteds) along (i.e., 
parallel to) the rolling direction of the sheet (i.e., B800 
value). NOES contains by weight more than 1.00 percent of silicon but 
less than 3.5 percent of silicon, not more than 0.08 percent of carbon, 
and not more than 1.5 percent of aluminum. NOES has a surface oxide 
coating, to which an insulation coating may be applied.
    NOES is subject to this investigation whether it is fully processed 
(i.e., fully annealed to develop final magnetic properties) or semi-
processed (i.e., finished to final thickness and physical form but not 
fully annealed to develop final magnetic properties). Fully processed 
NOES is typically made to the requirements of ASTM specification A 677, 
Japanese Industrial Standards (JIS) specification C 2552, and/or 
International Electrotechnical Commission (IEC) specification 60404-8-
4. Semi-processed NOES is typically made to the requirements of ASTM 
specification A 683. However, the scope of this investigation is not 
limited to merchandise meeting the ASTM, JIS, and IEC specifications 
noted immediately above.
    NOES is sometimes referred to as cold-rolled non-oriented (CRNO), 
non-grain oriented (NGO), non-oriented (NO), or cold-rolled non-grain 
oriented (CRNGO) electrical steel. These terms are interchangeable.
    Excluded from the scope of this investigation are flat-rolled 
products not in coils that, prior to importation into the United 
States, have been cut to a shape and undergone all punching, coating, 
or other operations necessary for classification in Chapter 85 of the 
Harmonized Tariff Schedule of the United States (HTSUS) as a part 
(i.e., lamination) for use in a device such as a motor, generator, or 
transformer.
    The subject merchandise is provided for in subheadings 
7225.19.0000, 7226.19.1000, and 7226.19.9000 of the HTSUS. Subject 
merchandise may also be entered under subheadings 7225.50.8085, 
7225.99.0090, 7226.92.5000, 7226.92.7050, 7226.92.8050, 7226.99.0180 of 
the HTSUS. Although HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this investigation are addressed in the Issues and Decision 
Memorandum.\3\ A list of the issues which parties raised and to which 
we responded is in the Issues and Decision Memorandum and 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 it is available to all parties in the 
Central Records Unit (CRU), 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 signed and the electronic 
versions of the Issues and Decision Memorandum are identical in 
content.
---------------------------------------------------------------------------

    \3\ See the memorandum from Associate Deputy Assistant Secretary 
Gary Taverman to Assistant Secretary Paul Piquado entitled ``Issues 
and Decision Memorandum for the Final Affirmative Determination in 
the Less than Fair Value Investigation of Non-Oriented Electrical 
Steel from the Republic of Korea'' dated concurrently with this 
notice and hereby adopted by this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received, pre-verification 
corrections, and our findings at verifications, we made certain changes 
to the margin calculations for POSCO. For a discussion of these 
changes, see the ``Margin Calculations'' section of the Issues and 
Decision Memorandum.\4\
---------------------------------------------------------------------------

    \4\ See also Memorandum to Neal Halper entitled ``Cost of 
Production, Constructed Value, and Further Manufacturing Calculation 
Adjustments for the Final Determination--POSCO'' dated concurrently 
with this notice and Memorandum to the File entitled ``Final 
Determination of Sales at Less Than Fair Value in the Antidumping 
Duty Investigation of Non-Oriented Electrical Steel from the 
Republic of Korea--Analysis Memorandum for POSCO'' dated 
concurrently with this notice.
---------------------------------------------------------------------------

Verification

    As provided in section 782(i) of the Act, in June and July 2014, we 
conducted sales and cost verifications of the questionnaire responses 
submitted by POSCO. We used standard verification procedures, including 
examination of relevant accounting and production records, as well as 
original source documents provided by POSCO.\5\
---------------------------------------------------------------------------

    \5\ See Memorandum to the File entitled ``Verification of the 
Cost Response of POSCO Corporation in the Antidumping Duty 
Investigation of Non-Oriented Electrical Steel from the Republic of 
Korea'' dated July 28, 2014; Memorandum to the File entitled 
``Verification of the Sales Response of POSCO in the Less-Than-Fair-
Value Investigation of Non-Oriented Electrical Steel from the 
Republic of Korea'' dated August 6, 2014; and Memorandum to the File 
entitled ``Verification of the Sales Response of POSCO's U.S. 
affiliate, Daewoo International America, in the Less-Than-Fair-Value 
Investigation of Non-Oriented Electrical Steel from the Republic of 
Korea'' dated August 6, 2014.
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Final Determination

    The estimated weighted-average dumping margins for this final 
determination are as follows:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                  Producer or exporter                        average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
POSCO/Daewoo International Corporation..................            6.88
All Others..............................................            6.88
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed for this final 
determination within five days after the date of

[[Page 61614]]

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.

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\
---------------------------------------------------------------------------

    \6\ See section 735(c)(5)(A) of the Act.
---------------------------------------------------------------------------

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 
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.

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.

    Dated: October 6, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

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

[FR Doc. 2014-24374 Filed 10-10-14; 8:45 am]
BILLING CODE 3510-DS-P
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