Non-Oriented Electrical Steel From the People's Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination, 61607-61609 [2014-24377]

Download as PDF Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Notices industry in the United States within a reasonably foreseeable time.4 DEPARTMENT OF COMMERCE International Trade Administration Scope of the Order [C–570–997] The merchandise covered by this order is ground, pulverized or refined brown artificial corundum, also known as brown aluminum oxide or brown fused alumina, in grit size of 3⁄8 inch or less. Excluded from the scope of the order is crude artificial corundum in which particles with a diameter greater than 3⁄8 inch constitute at least 50 percent of the total weight of the entire batch. The scope includes brown artificial corundum in which particles with a diameter greater than 3⁄8 inch constitute less than 50 percent of the total weight of the batch. The merchandise covered by this order is currently classifiable under subheadings 2818.10.20.00 and 2818.10.20.90 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 merchandise covered by the order is dispositive. Continuation of the Order mstockstill on DSK4VPTVN1PROD with NOTICES As a result of the determinations by the Department and the ITC that revocation of the AD order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the AD order on RBAO from the PRC. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of the order not later than 30 days prior to the fifth anniversary of the effective date of continuation. This five-year (‘‘sunset’’) review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act. Dated: October 8, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–24479 Filed 10–10–14; 8:45 am] BILLING CODE 3510–DS–P 4 See Investigation No. 731–TA–1022 (Second Review): Refined Brown Aluminum Oxide From China, 79 FR 60183 (October 6, 2014). VerDate Sep<11>2014 16:59 Oct 10, 2014 Jkt 235001 Non-Oriented Electrical Steel From the People’s Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers/exporters of nonoriented electrical steel (NOES) from the People’s Republic of China (PRC). The Department also determines critical circumstances exist for imports of the subject merchandise from the PRC. The period of investigation is January 1, 2012, through December 31, 2012. DATES: Effective Date: October 14, 2014. FOR FURTHER INFORMATION CONTACT: Joshua Morris or Thomas Schauer, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1779 and (202) 482–0410, respectively. AGENCY: Background The petitioner in this investigation is AK Steel Corporation (Petitioner). This investigation covers 30 government programs. The respondents in this investigation are the Government of the PRC (the GOC) and Baoshan Iron & Steel Co., Ltd. (Baoshan). For this final determination, we continue to rely on facts available, with adverse inferences, for the GOC and for Baoshan, the only mandatory company-respondent, because they did not act to the best of their abilities and did not respond to our requests for information. Further, we continue to draw an adverse inference in selecting from among the facts otherwise available to calculate the ad valorem rate for Baoshan.1 Period of Investigation The period for which we are measuring subsidies, or period of investigation, is January 1, 2012, through December 31, 2012. Case History The events that have occurred since the Department published the Preliminary Determination on March 25, 1 See sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 61607 2014,2 are discussed in the Issues and Decision Memorandum.3 The Issues 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, 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 electronic versions of the Issues and Decision Memorandum are identical in content. Scope of the Investigation The merchandise subject to this investigation consists of 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. For a complete description of the scope of the investigation, see Appendix I to this notice. Critical Circumstances On February 25, 2014, Petitioner alleged that critical circumstances exist with respect to imports of NOES from the PRC. In accordance with 19 CFR 351.206(c)(2)(i), we issued an affirmative preliminary critical circumstances determination not later than the date of the preliminary determination.4 We received no comments on our preliminary critical circumstances determination. Thus, in accordance with section 705(a)(2) of the Act, we determine critical circumstances exist with respect to Baoshan and all other producers/exporters. 2 See Non-Oriented Electrical Steel From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination, 79 FR 16293 (March 25, 2014) (Preliminary Determination). 3 See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Non-Oriented Electrical Steel from the People’s Republic of China’’ dated concurrently with and hereby adopted by this notice (Issues and Decision Memorandum). 4 See, e.g., Change in Policy Regarding Timing of Issuance of Critical Circumstances Determinations, 63 FR 55364 (October 15, 1998). E:\FR\FM\14OCN1.SGM 14OCN1 61608 Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Notices Use of Facts Otherwise Available, Including Adverse Inferences As stated above, for purposes of this final determination, we relied on facts available and applied an adverse inference (AFA) in accordance with sections 776(a) and (b) of the Act, with regard to each program under investigation. A full discussion of our decision to rely on AFA is presented under the section ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Issues and Decision Memorandum. Suspension of Liquidation In accordance with section 705(c)(1)(B)(i) of the Act, we calculated a countervailing duty rate for the individually investigated producer/ exporter of the subject merchandise, Baoshan. With respect to the all-others rate, section 705(c)(5)(A)(ii) of the Act provides that if the countervailable subsidy rates established for all exporters and producers individually investigated are determined entirely in accordance with section 776 of the Act, the Department may use any reasonable method to establish an all-others rate for exporters and producers not individually investigated. In this case, the rate calculated for the investigated company is based entirely on adverse facts available under section 776 of the Act. There is no other information on the record upon which to determine an all-others rate. As a result, we used the adverse facts available rate assigned for Baoshan as the all-others rate. This method is consistent with the Department’s past practice.5 We determine the countervailable subsidy rates to be: Company mstockstill on DSK4VPTVN1PROD with NOTICES Baoshan Iron & Steel Co., Ltd ..................................... All Others .............................. Net subsidy rate (percent) 158.88 158.88 As a result of our affirmative preliminary critical circumstances determination, pursuant to section 703(e)(2) of the Act, we instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of subject merchandise from the PRC which were entered or withdrawn from warehouse, for consumption on or after December 25, 2013, the date 90 days 5 See, e.g., Final Affirmative Countervailing Duty Determination: Certain Hot-Rolled Carbon Steel Flat Products From Argentina, 66 FR 37007, 37008 (July 16, 2001); see also Final Affirmative Countervailing Duty Determination: Prestressed Concrete Steel Wire Strand From India, 68 FR 68356 (December 8, 2003). VerDate Sep<11>2014 16:59 Oct 10, 2014 Jkt 235001 prior to the date of the publication of the Preliminary Determination in the Federal Register. In accordance with section 703(d) of the Act, we later issued instructions to CBP to discontinue the suspension of liquidation for countervailing duty purposes for subject merchandise entered, or withdrawn from warehouse, on or after July 23, 2014, but to continue the suspension of liquidation of all entries from December 25, 2013, through July 22, 2014. We will issue a countervailing duty order and reinstate the suspension of liquidation under section 706(a) of the Act if the United States International Trade Commission (ITC) issues a final affirmative injury determination, and we will instruct CBP to require a cash deposit of estimated countervailing duties for such entries of merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all nonprivileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Return or Destruction of Proprietary Information In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ 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 violation that is subject to sanction. This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Dated: October 6, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise subject to this investigation consists of non-oriented electrical steel (NOES), which includes coldrolled, 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. Semiprocessed 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 coldrolled non-oriented (CRNO), non-grain oriented (NGO), non-oriented (NO), or coldrolled 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. E:\FR\FM\14OCN1.SGM 14OCN1 Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Notices Appendix II I. Summary II. Background III. Scope of the Investigation IV. Use of Facts Otherwise Available and Adverse Inferences V. Recommendation [FR Doc. 2014–24377 Filed 10–10–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Architecture Services Trade Mission to Qatar, November 16–19, 2014 International Trade Administration, Department of Commerce. AGENCY: Amendment. The United States Department of Commerce, International Trade Administration is amending the Notice published at 79 FR 44157, July 30, 2014, for the Architecture Services Trade Mission to Qatar, with an optional mission stop in Saudi Arabia, from November 16–19, 2014 to revise the mission description from executive-led to non-executive led. SUMMARY: FOR FURTHER INFORMATION CONTACT: Trade Missions Office Arica Young, U.S. Department of Commerce, Washington, DC, Tel: 613–317–7538, Email: Arica.Young@ trade.gov. Industry and Analysis Eugene Alford, U.S. Department of Commerce, Washington, DC 20230, Tel: 202–482–5071, Email: Eugene.Alford@trade.gov. Frank Spector, Acting, Trade Mission Director. [FR Doc. 2014–24427 Filed 10–10–14; 8:45 am] BILLING CODE 3510–FP–P mstockstill on DSK4VPTVN1PROD with NOTICES the investigation of NOES from Japan. On June 23, 2014, we received case International Trade Administration briefs from Marubeni Itochu Steel [A–428–843, A–588–872, A–570–996, A–401– America Inc. and Nippon Steel & Sumitomo Metal Corporation. On June 809] 30, 2014, we received a rebuttal brief from AK Steel Corporation (Petitioner). Non-Oriented Electrical Steel from On July 2, 2014, we postponed the final Germany, Japan, the People’s determinations of these LTFV Republic of China, and Sweden: Final investigations to October 6, 2014.3 Affirmative Determinations of Sales at Less Than Fair Value and Final Period of Investigations Affirmative Determinations of Critical The period of investigation for the Circumstances, in Part investigations of NOES from Germany, AGENCY: Enforcement and Compliance, Japan and Sweden is July 1, 2012, International Trade Administration, through June 30, 2013. The period of Department of Commerce. investigation for the investigation of SUMMARY: The Department of Commerce NOES from the PRC is January 1, 2013, (the Department) determines that nonthrough June 30, 2013. oriented electrical steel (NOES) from Scope of the Investigations Germany, Japan, the People’s Republic The merchandise subject to these of China (the PRC), and Sweden is investigations consists of non-oriented being, or is likely to be, sold in the electrical steel (NOES), which includes United States at less than fair value cold-rolled, flat-rolled, alloy steel (LTFV), as provided in section 735 of products, whether or not in coils, the Tariff Act of 1930, as amended (the regardless of width, having an actual Act). The final estimated weighted thickness of 0.20 mm or more, in which average dumping margins are shown in the core loss is substantially equal in the ‘‘Final Determinations’’ section of any direction of magnetization in the this notice. plane of the material. The term DATES: Effective Date: October 14, 2014. ‘‘substantially equal’’ means that the FOR FURTHER INFORMATION CONTACT: cross grain direction of core loss is no Patrick O’Connor at (202) 482–0989 more than 1.5 times the straight grain (Germany); Thomas Martin at (202) 482– direction (i.e., the rolling direction) of 3936 (Japan); Yang Jin Chun at (202) core loss. NOES has a magnetic 482–5760 (the PRC); or Drew Jackson at permeability that does not exceed 1.65 (202) 482–4406 (Sweden); AD/CVD Tesla when tested at a field of 800 A/ Operations, Enforcement and m (equivalent to 10 Oersteds) along (i.e., Compliance, International Trade parallel to) the rolling direction of the Administration, U.S. Department of sheet (i.e., B800 value). NOES contains Commerce, 14th Street and Constitution by weight more than 1.00 percent of Avenue NW., Washington, DC 20230. silicon but less than 3.5 percent of silicon, not more than 0.08 percent of SUPPLEMENTARY INFORMATION: carbon, and not more than 1.5 percent Background of aluminum. NOES has a surface oxide On May 22, 2014, the Department coating, to which an insulation coating published its preliminary affirmative may be applied. NOES is subject to these determinations of sales at LTFV and investigations whether it is fully preliminary affirmative determinations processed (i.e., fully annealed to of critical circumstances, in part, in the develop final magnetic properties) or LTFV investigations of NOES from semi-processed (i.e., finished to final Germany, Japan, Sweden,1 and the thickness and physical form but not PRC.2 We invited interested parties to fully annealed to develop final magnetic comment on our preliminary properties). Fully processed NOES is determinations. We received no comments in the investigations of NOES typically made to the requirements of ASTM specification A 677, Japanese from Germany, Sweden, and the PRC. Industrial Standards (JIS) specification We received case and rebuttal briefs in C 2552, and/or International 1 See Non-Oriented Electrical Steel from Electrotechnical Commission (IEC) Germany, Japan, and Sweden: Preliminary specification 60404–8–4. SemiDeterminations of Sales at Less Than Fair Value, processed NOES is typically made to the and Preliminary Affirmative Determinations of requirements of ASTM specification A Critical Circumstances, in Part, 79 FR 29423 (May DEPARTMENT OF COMMERCE List of Comments in the Issues and Decision Memorandum ACTION: 22, 2014) (Preliminary Determinations). 2 See Non-Oriented Electrical Steel From the People’s Republic of China: Preliminary Affirmative Determinations of Sales at Less Than Fair Value and Critical Circumstances, 79 FR 29421 (May 22, 2014) (Preliminary Determination PRC). VerDate Sep<11>2014 61609 16:59 Oct 10, 2014 Jkt 235001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 3 See Non-Oriented Electrical Steel From the People’s Republic of China, Germany, Japan, and Sweden: Postponement of Final Determinations of Sales at Less Than Fair Value, 79 FR 37718 (July 2, 2014). E:\FR\FM\14OCN1.SGM 14OCN1

Agencies

[Federal Register Volume 79, Number 198 (Tuesday, October 14, 2014)]
[Notices]
[Pages 61607-61609]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24377]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-997]


Non-Oriented Electrical Steel From the People's Republic of 
China: Final Affirmative Countervailing Duty Determination and Final 
Affirmative Critical Circumstances Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to producers/exporters of 
non-oriented electrical steel (NOES) from the People's Republic of 
China (PRC). The Department also determines critical circumstances 
exist for imports of the subject merchandise from the PRC. The period 
of investigation is January 1, 2012, through December 31, 2012.

DATES: Effective Date: October 14, 2014.

FOR FURTHER INFORMATION CONTACT: Joshua Morris or Thomas Schauer, AD/
CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1779 and (202) 482-0410, respectively.

Background

    The petitioner in this investigation is AK Steel Corporation 
(Petitioner). This investigation covers 30 government programs. The 
respondents in this investigation are the Government of the PRC (the 
GOC) and Baoshan Iron & Steel Co., Ltd. (Baoshan). For this final 
determination, we continue to rely on facts available, with adverse 
inferences, for the GOC and for Baoshan, the only mandatory company-
respondent, because they did not act to the best of their abilities and 
did not respond to our requests for information. Further, we continue 
to draw an adverse inference in selecting from among the facts 
otherwise available to calculate the ad valorem rate for Baoshan.\1\
---------------------------------------------------------------------------

    \1\ See sections 776(a) and (b) of the Tariff Act of 1930, as 
amended (the Act).
---------------------------------------------------------------------------

Period of Investigation

    The period for which we are measuring subsidies, or period of 
investigation, is January 1, 2012, through December 31, 2012.

Case History

    The events that have occurred since the Department published the 
Preliminary Determination on March 25, 2014,\2\ are discussed in the 
Issues and Decision Memorandum.\3\ The Issues 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, 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 electronic 
versions of the Issues and Decision Memorandum are identical in 
content.
---------------------------------------------------------------------------

    \2\ See Non-Oriented Electrical Steel From the People's Republic 
of China: Preliminary Affirmative Countervailing Duty Determination, 
Preliminary Affirmative Critical Circumstances Determination, and 
Alignment of Final Countervailing Duty Determination With Final 
Antidumping Duty Determination, 79 FR 16293 (March 25, 2014) 
(Preliminary Determination).
    \3\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Issues and Decision Memorandum for the 
Final Determination in the Countervailing Duty Investigation of Non-
Oriented Electrical Steel from the People's Republic of China'' 
dated concurrently with and hereby adopted by this notice (Issues 
and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The merchandise subject to this investigation consists of 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. For a complete 
description of the scope of the investigation, see Appendix I to this 
notice.

Critical Circumstances

    On February 25, 2014, Petitioner alleged that critical 
circumstances exist with respect to imports of NOES from the PRC. In 
accordance with 19 CFR 351.206(c)(2)(i), we issued an affirmative 
preliminary critical circumstances determination not later than the 
date of the preliminary determination.\4\
---------------------------------------------------------------------------

    \4\ See, e.g., Change in Policy Regarding Timing of Issuance of 
Critical Circumstances Determinations, 63 FR 55364 (October 15, 
1998).
---------------------------------------------------------------------------

    We received no comments on our preliminary critical circumstances 
determination. Thus, in accordance with section 705(a)(2) of the Act, 
we determine critical circumstances exist with respect to Baoshan and 
all other producers/exporters.

[[Page 61608]]

Use of Facts Otherwise Available, Including Adverse Inferences

    As stated above, for purposes of this final determination, we 
relied on facts available and applied an adverse inference (AFA) in 
accordance with sections 776(a) and (b) of the Act, with regard to each 
program under investigation. A full discussion of our decision to rely 
on AFA is presented under the section ``Use of Facts Otherwise 
Available and Adverse Inferences'' in the Issues and Decision 
Memorandum.

Suspension of Liquidation

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated a countervailing duty rate for the individually investigated 
producer/exporter of the subject merchandise, Baoshan. With respect to 
the all-others rate, section 705(c)(5)(A)(ii) of the Act provides that 
if the countervailable subsidy rates established for all exporters and 
producers individually investigated are determined entirely in 
accordance with section 776 of the Act, the Department may use any 
reasonable method to establish an all-others rate for exporters and 
producers not individually investigated. In this case, the rate 
calculated for the investigated company is based entirely on adverse 
facts available under section 776 of the Act. There is no other 
information on the record upon which to determine an all-others rate. 
As a result, we used the adverse facts available rate assigned for 
Baoshan as the all-others rate. This method is consistent with the 
Department's past practice.\5\
---------------------------------------------------------------------------

    \5\ See, e.g., Final Affirmative Countervailing Duty 
Determination: Certain Hot-Rolled Carbon Steel Flat Products From 
Argentina, 66 FR 37007, 37008 (July 16, 2001); see also Final 
Affirmative Countervailing Duty Determination: Prestressed Concrete 
Steel Wire Strand From India, 68 FR 68356 (December 8, 2003).
---------------------------------------------------------------------------

    We determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                            Net subsidy
                         Company                          rate (percent)
------------------------------------------------------------------------
Baoshan Iron & Steel Co., Ltd...........................          158.88
All Others..............................................          158.88
------------------------------------------------------------------------

    As a result of our affirmative preliminary critical circumstances 
determination, pursuant to section 703(e)(2) of the Act, we instructed 
U.S. Customs and Border Protection (CBP) to suspend liquidation of all 
entries of subject merchandise from the PRC which were entered or 
withdrawn from warehouse, for consumption on or after December 25, 
2013, the date 90 days prior to the date of the publication of the 
Preliminary Determination in the Federal Register.
    In accordance with section 703(d) of the Act, we later issued 
instructions to CBP to discontinue the suspension of liquidation for 
countervailing duty purposes for subject merchandise entered, or 
withdrawn from warehouse, on or after July 23, 2014, but to continue 
the suspension of liquidation of all entries from December 25, 2013, 
through July 22, 2014.
    We will issue a countervailing duty order and reinstate the 
suspension of liquidation under section 706(a) of the Act if the United 
States International Trade Commission (ITC) issues a final affirmative 
injury determination, and we will instruct CBP to require a cash 
deposit of estimated countervailing duties for such entries of 
merchandise in the amounts indicated above. If the ITC determines that 
material injury, or threat of material injury, does not exist, this 
proceeding will be terminated and all estimated duties deposited or 
securities posted as a result of the suspension of liquidation will be 
refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Return or Destruction of Proprietary Information

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return/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 violation that is subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

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

Appendix I

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.

[[Page 61609]]

Appendix II

List of Comments in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Recommendation

[FR Doc. 2014-24377 Filed 10-10-14; 8:45 am]
BILLING CODE 3510-DS-P
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