Non-Oriented Electrical Steel From the People's Republic of China and Taiwan: Countervailing Duty Orders, 71749-71751 [2014-28507]
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Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices
the Department conducted a public
hearing regarding the NSR.
Scope of the Order
The product covered by the order is
frozen fish fillets, including regular,
shank, and strip fillets and portions
thereof, whether or not breaded or
marinated, of the species Pangasius
Bocourti, Pangasius Hypophthalmus
(also known as Pangasius Pangasius)
and Pangasius Micronemus. These
products are classifiable under tariff
article codes 0304.29.6033,
0304.62.0020, 0305.59.0000,
0305.59.4000, 1604.19.2000,
1604.19.2100, 1604.19.3000,
1604.19.3100, 1604.19.4000,
1604.19.4100, 1604.19.5000,
1604.19.5100, 1604.19.6100 and
1604.19.8100 (Frozen Fish Fillets of the
species Pangasius including basa and
tra) of the Harmonized Tariff Schedule
of the United States (‘‘HTSUS’’).5
Although the HTSUS subheading is
provided for convenience and customs
purposes, our written description of the
scope of the order is dispositive.
For a full description of the scope, see
‘‘Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Issues
and Decision Memorandum for the
Final Results of New Shipper Review,’’
dated concurrently with this notice
(‘‘I&D Memo’’).
tkelley on DSK3SPTVN1PROD with NOTICES
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties are addressed
in the I&D Memo, which is hereby
adopted by this Notice. A list of the
issues which parties raised is attached
to this notice as an Appendix. The I&D
Memo is a public document and is on
file in the Central Records Unit
(‘‘CRU’’), Room 7046 of the main
Department of Commerce building, as
well as electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).6
Socialist Republic of Vietnam: Rebuttal Brief, dated
October 6, 2014 (‘‘Petitioners Rebuttal Brief’’).
5 Until July 1, 2004, these products were
classifiable under HTSUS 0304.20.6030 (Frozen
Catfish Fillets), 0304.20.6096 (Frozen Fish Fillets,
NESOI), 0304.20.6043 (Frozen Freshwater Fish
Fillets) and 0304.20.6057 (Frozen Sole Fillets).
Until February 1, 2007, these products were
classifiable under HTSUS 0304.20.6033 (Frozen
Fish Fillets of the species Pangasius, including basa
and tra). On March 2, 2011, the Department added
two HTSUS numbers at the request of U.S. Customs
and Border Protection (‘‘CBP’’): 1604.19.2000 and
1604 19.3000. On January 30, 2012, the Department
added eight HTSUS numbers at the request of CBP:
0304.62.0020, 0305.59.0000, 1604.19.2100,
1604.19.3100, 1604.19.4100, 1604.19.5100,
1604.19.6100 and 1604.19.8100.
6 On November 24, 2014, Enforcement and
Compliance changed the name of Enforcement and
Compliance’s AD and CVD Centralized Electronic
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18:42 Dec 02, 2014
Jkt 235001
ACCESS is available to registered users
at https://access.trade.gov and in the
CRU. In addition, a complete version of
the I&D Memo can be accessed directly
on the Internet at https://trade.gov/
enforcement/frn/. The signed
I&D Memo and the electronic versions
of the I&D Memo are identical in
content.
Bona Fide Analysis
For the Preliminary Rescission, the
Department analyzed the bona fides of
Thanh Hung’s sale and preliminarily
found it to be non-bona fide.7 Based on
the Department’s complete analysis of
all the information and comments on
the record of this review regarding the
bona fides of Thanh Hung’s NSR sale,
the Department continues to find Thanh
Hung’s sale to be non-bona fide because
of (a) the atypical nature of Thanh
Hung’s price and quantity; (b)
extraordinary expenses arising from the
transaction; (c) the importer’s regular
commercial interest; (d) atypical
circumstances surrounding production;
and (e) unreported connections to other
entities.8 The Department did not base
its analysis on any one factor but
instead examined the totality of the
evidence and comments on the record of
this review to determine that Thanh
Hung’s sale was not bona fide.
Rescission of New Shipper Review
For the foregoing reasons, the
Department finds that the sale of Thanh
Hung is non-bona fide and that this sale
does not provide a reasonable or reliable
basis for calculating a dumping margin.
Because a non-bona fide sale was the
only sale of subject merchandise during
the POR, the Department is rescinding
this NSR pursuant to section 351.214(f)
of the Department’s regulations.
Cash Deposit Rates
The following cash deposit
requirements continue to apply for all
shipment of subject merchandise from
Thanh Hung entered, or withdrawn
from warehouse: (1) For subject
merchandise produced and exported by
Service System (‘‘IA ACCESS’’) to AD and CVD
Centralized Electronic Service System (‘‘ACCESS’’).
The Web site location was changed from https://
iaaccess.trade.gov to https://access.trade.gov. The
Final Rule changing the references to the
Regulations can be found at 79 FR 69046.
7 See ‘‘Decision Memorandum for Preliminary
Results of Antidumping Duty New Shipper Review:
Certain Frozen Fish Fillets from the Socialist’s
Republic of Vietnam’’ from Gary Taverman, Senior
Advisor for Antidumping and Countervailing Duty
Operations to Ronald K. Lorentzen, Acting
Assistant Secretary for Enforcement and
Compliance, dated June 18, 2014 (‘‘Preliminary
Decision Memorandum’’), and hereby adopted by
this notice.
8 Id.
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71749
Thanh Hung, the cash deposit rate will
continue to be the Vietnam-wide rate
(i.e., 2.39 U.S. Dollars/kg); (2) for subject
merchandise exported by Thanh Hung
but not manufactured by Thanh Hung,
the cash deposit rate will continue to be
the Vietnam-wide rate (i.e., 2.39 U.S.
Dollars/kg); and (3) for subject
merchandise manufactured by Thanh
Hung, but exported by any other party,
the cash deposit rate will be the rate
applicable to the exporter. These cash
deposit requirements shall remain in
effect until further notice.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to Administrative
Protective Order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return or destruction of APO
materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
new shipper review and notice in
accordance with sections 751(a)(2)(B)
and 777(i) of the Tariff Act of 1930, as
amended, and 19 CFR 351.214.
Dated: November 26, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—Issues and Decision
Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment: Bona Fide Nature of the Sale
Under Review
Recommendation
[FR Doc. 2014–28459 Filed 12–2–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–997, C–583–852]
Non-Oriented Electrical Steel From the
People’s Republic of China and
Taiwan: Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
AGENCY:
E:\FR\FM\03DEN1.SGM
03DEN1
71750
Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices
Commerce (the Department) and the
International Trade Commission (ITC),
the Department is issuing countervailing
duty (CVD) orders on non-oriented
electrical steel (NOES) from the People’s
Republic of China (PRC) and Taiwan.
DATES: Effective Date: December 3, 2014.
FOR FURTHER INFORMATION CONTACT:
PRC: Joshua Morris or Thomas Schauer,
Office I, telephone: (202) 482–1779 and
(202) 482–0410, respectively; Taiwan:
Patricia Tran or Christopher Hargett,
Office III, telephone: (202) 482–1503
and (202) 482–4161, respectively; AD/
CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On October 14, 2014, the Department
published the final determinations in
the CVD investigations of NOES from
Korea, PRC, and Taiwan.1 On November
25, 2014, the ITC notified the
Department of its final determination
pursuant to sections 705(b)(1)(A)(i) and
section 705(d) of the Tariff Act of 1930,
as amended (the Act), that an industry
in the United States is materially
injured by reason of subsidized imports
of subject merchandise from the PRC
and Taiwan.2 The ITC also determined
that critical circumstances did not exist
for the PRC.3
tkelley on DSK3SPTVN1PROD with NOTICES
Scope of the Orders
The merchandise subject to these
orders 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. The term
‘‘substantially equal’’ means that the
cross grain direction of core loss is no
more than 1.5 times the straight grain
1 See Non-Oriented Electrical Steel From the
Republic of Korea: Final Negative Countervailing
Duty Determination and Final Negative Critical
Circumstances Determination, 79 FR 61605
(October 14, 2014) (Korea Final Determination);
Non-Oriented Electrical Steel From the People’s
Republic of China: Final Affirmative Countervailing
Duty Determination and Final Affirmative Critical
Circumstances Determination, 79 FR 61607
(October 14, 2014) (PRC Final Determination); NonOriented Electrical Steel From Taiwan: Final
Affirmative Countervailing Duty Determination, 79
FR 61602 (October 14, 2014) (Taiwan Final
Determination).
2 See Non-Oriented Electrical Steel from China,
Germany, Japan, Korea, Sweden, and Taiwan,
Investigation Nos. 701–TA–506 & 508 and 731–TA–
1238–1243 (Final), USITC Publication 4502,
November 2014.
3 Id.
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18:42 Dec 02, 2014
Jkt 235001
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 these orders
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 these orders 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 these
orders 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.
Countervailing Duty Orders
In accordance with sections
705(b)(1)(A)(i) and 705(d) of the Act, the
ITC notified the Department of its final
determination that the industry in the
PO 00000
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Fmt 4703
Sfmt 4703
United States producing NOES is
materially injured by reason of
subsidized imports of NOES from the
PRC and Taiwan. Therefore, in
accordance with section 705(c)(2) of the
Act, we are publishing these CVD
orders.
Pursuant to section 706(a) of the Act,
the Department will direct U.S. Customs
and Border Protection (CBP) to assess,
upon further instruction by the
Department, CVDs on unliquidated
entries of NOES entered, or withdrawn
from warehouse, for consumption on or
after March 25, 2014, the date on which
the Department published its affirmative
preliminary CVD determinations in the
Federal Register, and before July 23,
2014, the date on which the Department
instructed CBP to discontinue the
suspension of liquidation in accordance
with section 703(d) of the Act. Section
703(d) of the Act states that the
suspension of liquidation pursuant to a
preliminary determination may not
remain in effect for more than four
months. Entries of NOES made on or
after July 23, 2014, and prior to the date
of publication of the ITC’s final
determination in the Federal Register
are not liable for the assessment of
CVDs, due to the Department’s
discontinuation, effective July 23, 2014,
of the suspension of liquidation.
With regard to the ITC’s negative
critical circumstances determination for
the PRC, the Department will instruct
CBP to lift suspension and refund any
cash deposits of estimated CVDs for
entries on or after December 25, 2013,
(i.e., 90 days prior to the date of the
preliminary determination), but before
March 25, 2014.
Suspension of Liquidation
For the PRC, in accordance with
section 706 of the Act, the Department
will direct CBP to reinstitute the
suspension of liquidation of NOES from
the PRC, effective the date of
publication of the ITC’s notice of final
determination in the Federal Register,
and to assess, upon further instruction
by the Department pursuant to section
706(a)(1) of the Act, CVDs for each entry
of the subject merchandise in an amount
based on the net countervailable
subsidy rates for the subject
merchandise. CBP must require, at the
same time as importers would normally
deposit estimated duties on this
merchandise, a cash deposit equal to the
rates noted below:
Company
Baoshan Iron & Steel Co., Ltd .....
E:\FR\FM\03DEN1.SGM
03DEN1
Subsidy
rate
(%)
158.88
Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices
Subsidy
rate
(%)
Company
Notice and request for OMB
review and comment.
ACTION:
The Department of Energy
(DOE) has submitted an information
collection request to OMB for extension
For Taiwan, in accordance with
under the provisions of the Paperwork
section 706 of the Act, the Department
Reduction Act of 1995. The information
will direct CBP to reinstitute the
collection requests a three-year
suspension of liquidation of NOES from extension of its Davis-Bacon SemiTaiwan, effective the date of publication annual Labor Compliance Report
of the ITC’s notice of final
collection. The collection requests
determination in the Federal Register,
information from certain financial
and to assess, upon further instruction
assistance grantees, loan guarantee and
by the Department pursuant to section
loan borrowers, and the Department of
706(a)(1) of the Act, CVDs for each entry Energy Management and Operation
of the subject merchandise in an amount (M&O) and Facilities Management
based on the net countervailable
Contractors for contract administration
subsidy rates for the subject
and management oversight. The
merchandise. Because China Steel
information collection is necessary to
Corporation and its cross-owned
allow DOE to comply with a reporting
affiliates Dragon Steel Corporation,
requirement placed on all Federal
HiMag Magnetic Corporation, and China agencies administering programs subject
Steel Global Trading Corporation
to the Davis-Bacon Act wage provisions.
(collectively, CSC Companies) received
Department of Labor regulation at 29
a de minimis net subsidy rate in the
CFR 5.7(b) requires all Federal agencies
Taiwan Final Determination, they are
administering programs subject to the
excluded from this Taiwan CVD order.
Davis-Bacon Act wage provisions to
This exclusion will apply only to
submit to the Department of Labor a
subject merchandise both produced and semi-annual compliance and
exported by CSC Companies. CBP must
enforcement report. In order for the
require, at the same time as importers
Department of Energy (DOE) to comply
would normally deposit estimated
with this reporting requirement, it must
duties on this merchandise, a cash
collect information from certain
deposit equal to the rates noted below:
financial assistance grantees, Loan and
Loan Guarantee Borrowers, DOE M&O
Subsidy
contractors, and DOE Facilities
Company
rate
Management contractors that administer
(%)
DOE programs subject to Davis-Bacon
Leicong Industrial Company, Ltd
Act requirements. DOE will ask each of
(Leicong) ...................................
17.12 these entities to report to DOE the
All Others ......................................
8.80 information it is required to report to
DOL on a semi-annual (every 6 months)
This notice constitutes the CVD
basis. DOE must ultimately report all
orders with respect to NOES from the
this information in a report to DOL,
PRC and Taiwan, pursuant to section
including information on the number of
706(a) of the Act. Interested parties may Davis-Bacon Act compliance and
contact the Department’s Central
enforcement investigations conducted
Records Unit, Room 7046 of the main
and whether violations were found.
Commerce Building, for copies of an
DATES: Comments regarding this
updated list of CVD orders currently in
collection must be received on or before
effect.
These orders are issued and published January 2, 2015. If you anticipate that
in accordance with section 706(a) of the you will be submitting comments, but
find it difficult to do so within the
Act and 19 CFR 351.211(b).
period of time allowed by this notice,
Dated: November 26, 2014.
please advise the OMB Desk Officer of
Ronald K. Lorentzen,
your intention to make a submission as
Acting Assistant Secretary for Enforcement
soon as possible. The Desk Officer may
and Compliance.
be telephoned at 202–395–4650.
[FR Doc. 2014–28507 Filed 12–2–14; 8:45 am]
ADDRESSES: Written comments should
BILLING CODE 3510–DS–P
be sent to the:
DOE Desk Officer, Office of Information
and Regulatory Affairs, Office of
DEPARTMENT OF ENERGY
Management and Budget, New
Executive Office Building, Room
Agency Information Collection
10102, 735 17th Street NW.,
Extension
Washington, DC 20503.
AGENCY: U.S. Department of Energy.
And to:
SUMMARY:
tkelley on DSK3SPTVN1PROD with NOTICES
All Others ......................................
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18:42 Dec 02, 2014
158.88
Jkt 235001
PO 00000
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71751
Eva M. Auman, GC–63, U.S. Department
of Energy, 1000 Independence
Avenue, SW., Washington, DC 20585,
Or by fax at 202–586–0971; or by
email to eva.auman@hq.doe.gov.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to:
Eva M. Auman, Attorney-Advisor
(Labor), GC–63, U.S. Department of
Energy, 1000 Independence Avenue,
SW., Washington, DC 20585, or by fax
at 202–586–0971 or by email to
eva.auman@hq.doe.gov.
The current collection instrument is
available for review at the following
Web site: https://www.energy.gov/gc/
services/technology-transfer-andprocurement/office-assistant-generalcounsel-labor-and-pension.
SUPPLEMENTARY INFORMATION: This
information collection request contains:
(1) OMB No. 1910–5165; (2) This
information collection originally
provided for Recovery Act grantees
receiving grants from the DOE Office of
Weatherization and Intergovernmental
Programs to submit their reports via the
PAGE System, however, those grants are
now closed and the PAGE System is no
longer available; (3) Type of Request:
Extension; (4) Purpose: To provide the
information necessary to facilitate DOE
compliance with a reporting
requirement placed on all Federal
agencies administering programs subject
to the Davis-Bacon Act wage provisions
found at 29 CFR 5.7(b); (5) Annual
Estimated Number of Respondents: 75;
(6) Annual Estimated Number of Total
Responses: 150; (7) Annual Estimated
Number of Burden Hours: 2 per
respondent for total of 300 hours per
year; (8) Annual Estimated Reporting
and Recordkeeping Cost Burden: $0.00
Statutory Authority: 42 U.S.C. 7254,
7256.
Issued in Washington, DC on: November
26, 2014.
Jean S. Stucky,
General Counsel for Labor and Pension Law,
Office of the General Counsel.
[FR Doc. 2014–28454 Filed 12–2–14; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings
Take notice that the Commission has
received the following Natural Gas
Pipeline Rate and Refund Report filings:
E:\FR\FM\03DEN1.SGM
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Agencies
[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Notices]
[Pages 71749-71751]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28507]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-997, C-583-852]
Non-Oriented Electrical Steel From the People's Republic of China
and Taiwan: Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
[[Page 71750]]
Commerce (the Department) and the International Trade Commission (ITC),
the Department is issuing countervailing duty (CVD) orders on non-
oriented electrical steel (NOES) from the People's Republic of China
(PRC) and Taiwan.
DATES: Effective Date: December 3, 2014.
FOR FURTHER INFORMATION CONTACT: PRC: Joshua Morris or Thomas Schauer,
Office I, telephone: (202) 482-1779 and (202) 482-0410, respectively;
Taiwan: Patricia Tran or Christopher Hargett, Office III, telephone:
(202) 482-1503 and (202) 482-4161, respectively; AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On October 14, 2014, the Department published the final
determinations in the CVD investigations of NOES from Korea, PRC, and
Taiwan.\1\ On November 25, 2014, the ITC notified the Department of its
final determination pursuant to sections 705(b)(1)(A)(i) and section
705(d) of the Tariff Act of 1930, as amended (the Act), that an
industry in the United States is materially injured by reason of
subsidized imports of subject merchandise from the PRC and Taiwan.\2\
The ITC also determined that critical circumstances did not exist for
the PRC.\3\
---------------------------------------------------------------------------
\1\ See Non-Oriented Electrical Steel From the Republic of
Korea: Final Negative Countervailing Duty Determination and Final
Negative Critical Circumstances Determination, 79 FR 61605 (October
14, 2014) (Korea Final Determination); Non-Oriented Electrical Steel
From the People's Republic of China: Final Affirmative
Countervailing Duty Determination and Final Affirmative Critical
Circumstances Determination, 79 FR 61607 (October 14, 2014) (PRC
Final Determination); Non-Oriented Electrical Steel From Taiwan:
Final Affirmative Countervailing Duty Determination, 79 FR 61602
(October 14, 2014) (Taiwan Final Determination).
\2\ See Non-Oriented Electrical Steel from China, Germany,
Japan, Korea, Sweden, and Taiwan, Investigation Nos. 701-TA-506 &
508 and 731-TA-1238-1243 (Final), USITC Publication 4502, November
2014.
\3\ Id.
---------------------------------------------------------------------------
Scope of the Orders
The merchandise subject to these orders 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. 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 these orders 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 these orders 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 these orders 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.
Countervailing Duty Orders
In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act,
the ITC notified the Department of its final determination that the
industry in the United States producing NOES is materially injured by
reason of subsidized imports of NOES from the PRC and Taiwan.
Therefore, in accordance with section 705(c)(2) of the Act, we are
publishing these CVD orders.
Pursuant to section 706(a) of the Act, the Department will direct
U.S. Customs and Border Protection (CBP) to assess, upon further
instruction by the Department, CVDs on unliquidated entries of NOES
entered, or withdrawn from warehouse, for consumption on or after March
25, 2014, the date on which the Department published its affirmative
preliminary CVD determinations in the Federal Register, and before July
23, 2014, the date on which the Department instructed CBP to
discontinue the suspension of liquidation in accordance with section
703(d) of the Act. Section 703(d) of the Act states that the suspension
of liquidation pursuant to a preliminary determination may not remain
in effect for more than four months. Entries of NOES made on or after
July 23, 2014, and prior to the date of publication of the ITC's final
determination in the Federal Register are not liable for the assessment
of CVDs, due to the Department's discontinuation, effective July 23,
2014, of the suspension of liquidation.
With regard to the ITC's negative critical circumstances
determination for the PRC, the Department will instruct CBP to lift
suspension and refund any cash deposits of estimated CVDs for entries
on or after December 25, 2013, (i.e., 90 days prior to the date of the
preliminary determination), but before March 25, 2014.
Suspension of Liquidation
For the PRC, in accordance with section 706 of the Act, the
Department will direct CBP to reinstitute the suspension of liquidation
of NOES from the PRC, effective the date of publication of the ITC's
notice of final determination in the Federal Register, and to assess,
upon further instruction by the Department pursuant to section
706(a)(1) of the Act, CVDs for each entry of the subject merchandise in
an amount based on the net countervailable subsidy rates for the
subject merchandise. CBP must require, at the same time as importers
would normally deposit estimated duties on this merchandise, a cash
deposit equal to the rates noted below:
------------------------------------------------------------------------
Subsidy
Company rate (%)
------------------------------------------------------------------------
Baoshan Iron & Steel Co., Ltd................................ 158.88
[[Page 71751]]
All Others................................................... 158.88
------------------------------------------------------------------------
For Taiwan, in accordance with section 706 of the Act, the
Department will direct CBP to reinstitute the suspension of liquidation
of NOES from Taiwan, effective the date of publication of the ITC's
notice of final determination in the Federal Register, and to assess,
upon further instruction by the Department pursuant to section
706(a)(1) of the Act, CVDs for each entry of the subject merchandise in
an amount based on the net countervailable subsidy rates for the
subject merchandise. Because China Steel Corporation and its cross-
owned affiliates Dragon Steel Corporation, HiMag Magnetic Corporation,
and China Steel Global Trading Corporation (collectively, CSC
Companies) received a de minimis net subsidy rate in the Taiwan Final
Determination, they are excluded from this Taiwan CVD order. This
exclusion will apply only to subject merchandise both produced and
exported by CSC Companies. CBP must require, at the same time as
importers would normally deposit estimated duties on this merchandise,
a cash deposit equal to the rates noted below:
------------------------------------------------------------------------
Subsidy
Company rate (%)
------------------------------------------------------------------------
Leicong Industrial Company, Ltd (Leicong).................... 17.12
All Others................................................... 8.80
------------------------------------------------------------------------
This notice constitutes the CVD orders with respect to NOES from
the PRC and Taiwan, pursuant to section 706(a) of the Act. Interested
parties may contact the Department's Central Records Unit, Room 7046 of
the main Commerce Building, for copies of an updated list of CVD orders
currently in effect.
These orders are issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: November 26, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-28507 Filed 12-2-14; 8:45 am]
BILLING CODE 3510-DS-P