[Federal Register Volume 79, Number 90 (Friday, May 9, 2014)]
[Notices]
[Pages 26717-26720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10700]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-851-803]
Grain-Oriented Electrical Steel From the Czech Republic:
Preliminary Determination of Sales at Less Than Fair Value, Negative
Preliminary Determination of Critical Circumstances, and Postponement
of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that grain-oriented electrical steel (GOES) from the Czech
Republic is being, or is likely to be, sold in the United States at
less than fair value (LTFV), as provided in section 733(b) of the
Tariff Act of 1930, as amended (the Act). The period of investigation
(POI) is July 1, 2012, through June 30, 2013. The estimated weighted-
average dumping margins of sales at LTFV are listed in the
``Preliminary Determination'' section of this notice. Interested
parties are invited to comment on this preliminary determination.
DATES: Effective Date: May 9, 2014.
FOR FURTHER INFORMATION CONTACT: Dennis McClure at (202) 482-5973 or
Stephen Bailey at (202) 482-0193, AD/CVD Operations, Office II,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
The Department initiated this investigation on October 24, 2013.\1\
For a complete description of the events that followed the initiation
of this investigation, see the memorandum that is dated concurrently
with and hereby adopted by this notice (Preliminary Decision
Memorandum).\2\ The
[[Page 26718]]
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
IA ACCESS is available to registered users at http://iaaccess.trade.gov, and 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 Preliminary Decision Memorandum can
be accessed directly at http://enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and the electronic version of the
Preliminary Decision Memorandum are identical in content.
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\1\ See Grain-Oriented Electrical Steel From the People's
Republic of China, the Czech Republic, Germany, Japan, the Republic
of Korea, Poland, and the Russian Federation: Initiation of
Antidumping Duty Investigations, 78 FR 65283 (Oct. 31, 2013)
(Initiation Notice). AK Steel Corporation, Allegheny Ludlum, LLC,
and the United Steelworkers (collectively, the petitioners) filed
the underlying petitions. Id. at 65283.
\2\ See memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
entitled: ``Decision Memorandum for the Preliminary Determination of
the Antidumping Duty Investigation of Grain-Oriented Electrical
Steel from the Czech Republic'' (Preliminary Decision Memorandum).
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Scope of the Investigation
The scope of the investigation covers GOES, which is a flat-rolled
alloy steel product containing by weight specific levels of silicon,
carbon and aluminum. For a complete description of the scope of the
investigation, see Appendix I to this notice.
Various parties submitted comments on the scope. For discussion of
these comments, see the Preliminary Decision Memorandum.
Tolling and Postponement of Deadline for Preliminary Determination
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department exercised its discretion to
toll deadlines for the duration of the partial closure of the Federal
Government from October 1, through October 16, 2013. Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days.\3\ If the new deadline falls on a non-business day, in accordance
with the Department's practice, the deadline will become the next
business day.\4\
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\3\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government,'' dated October 18, 2013.
\4\ See Notice of Clarification: Application of ``Next Business
Day'' Rule for Administrative Determination Deadlines Pursuant to
the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
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On February 10, 2014, the petitioners made a timely request for a
50-day postponement of the preliminary determinations for this and the
other concurrent GOES antidumping duty investigations, pursuant to
section 733(c)(1)(A) of the Act and 19 CFR 351.205(e).\5\ On February
20, 2014, we postponed the preliminary determinations by 50 days.\6\ As
a result of the postponement and aforementioned tolling, the revised
deadline for the preliminary determination of this investigation is now
May 2, 2014.
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\5\ See letter from the petitioners entitled, ``Antidumping
Investigations of Grain-Oriented Electrical Steel (``GOES'') From
China, Czech Republic, Germany, Japan, South Korea, Poland, and
Russia: Petitioners' Request for Extension of the Preliminary
Determination,'' dated February 10, 2014.
\6\ See Grain-Oriented Electrical Steel From the People's
Republic of China, the Czech Republic, Germany, Japan, the Republic
of Korea, Poland, and the Russian Federation: Postponement of
Preliminary Determinations in the Antidumping Duty Investigations,
79 FR 11082 (February 27, 2014).
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Methodology
The Department conducted this investigation in accordance with
section 731 of the Act. Export price (EP) and constructed export price
(CEP) are calculated in accordance with section 772 of the Act. Normal
value (NV) is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.
Negative Preliminary Determination of Critical Circumstances
On February 24, 2014, the petitioners filed a timely allegation,
pursuant to section 733(e)(1) of the Act and 19 CFR 351.206(c)(1),
alleging that critical circumstances exist with respect to imports of
the merchandise under consideration.\7\ In accordance with 19 CFR
351.206(c)(2)(i), when a critical circumstances allegation is submitted
more than 20 days before the scheduled date of the preliminary
determination, the Department must issue a preliminary finding whether
there is a reasonable basis to believe or suspect that critical
circumstances exist no later than the date of the preliminary
determination. We conducted an analysis of critical circumstances in
accordance with section 733(e) of the Act and 19 CFR 351.206, and
preliminarily determined that critical circumstances do not exist for
imports of GOES from the Czech Republic. For a full description of the
methodology and results of our analysis, see the Preliminary Decision
Memorandum.
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\7\ See letter from the petitioners, ``Grain-Oriented Electricl
{sic{time} Steel from the Czech Republic, Poland, and the Russian
Federation--Critical Circumstances Allegations,'' dated February 24,
2014 (the petitioners' Critical Circumstances Allegation).
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All Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated ``all
others'' rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero or de
minimis margins, and any margins determined entirely under section 776
of the Act. Pursuant to section 735(c)(5)(B) of the Act, if the
estimated weighted-average dumping margins established for all
exporters and producers individually examined are zero, de minimis or
determined based entirely under section 776 of the Act, the Department
may use any reasonable method to establish the estimated dumping margin
for all other producers or exporters.
We based our calculation of the ``All Others'' rate on the
weighted-average of the margins calculated for ArcelorMittal
Fr[yacute]dek-M[iacute]stek (AMFM) and Sujani Enterprises, Inc.
(Sujani) using publicly-ranged data. Because we cannot apply our normal
methodology of calculating a weighted-average margin due to requests to
protect business-proprietary information, we find this rate to be the
best proxy of the actual weighted-average margin determined for these
respondents.\8\ For further discussion of this calculation, see
memorandum entitled ``Calculation of the All Others Rate for the
Preliminary Determination of the Antidumping Duty Investigation of
Grain-Oriented Electrical Steel From the Czech Republic,'' dated
concurrently with this notice.
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\8\ See, e.g., Certain Frozen Warmwater Shrimp From India: Final
Results of Antidumping Duty Administrative Review, Partial
Rescission, and Final No Shipment Determination, 76 FR 41203, 41205
(July 13, 2011).
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Preliminary Determination
The preliminarily estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/ exporter dumping
margin
(percent)
------------------------------------------------------------------------
ArcelorMittal Fr[yacute]dek-M[iacute]stek............... 11.45
Sujani Enterprises, Inc................................. 10.35
All Others.............................................. 10.38
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Disclosure
We will disclose the calculations performed to interested parties
in this proceeding within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
[[Page 26719]]
Verification
As provided in section 782(i) of the Act, we intend to verify
information relied upon in making our final determination.
Public Comment
Interested parties are invited to comment on this preliminary
determination. Interested parties may submit case briefs to the
Department no later than seven days after the date of the final
verification report issued in this proceeding. Rebuttal briefs, the
content of which is limited to the issues raised in the case briefs,
must be filed within five days from the deadline date for the
submission of case briefs.\9\ A list of authorities used, a table of
contents, and an executive summary of issues should accompany any
briefs submitted to the Department.\10\ Executive summaries should be
limited to five pages total, including footnotes. Interested parties
who wish to comment on the preliminary determinations must file briefs
electronically using IA ACCESS. An electronically filed document must
be received successfully in its entirety by the Department's electronic
records system, IA ACCESS, by 5 p.m. Eastern Standard Time on the date
the document is due.
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\9\ See 19 CFR 351.309(d)(1) and 19 CFR 351.309(d)(2).
\10\ See 19 CFR 351.309(c)(2).
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In accordance with section 774 of the Act, the Department will hold
a hearing, if timely requested, to afford interested parties an
opportunity to comment on arguments raised in case or rebuttal briefs,
provided that such a hearing is requested by an interested party.\11\
Interested parties who wish to request a hearing, or to participate if
one is requested, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically using IA ACCESS, as noted above. An
electronically-filed request must be received successfully in its
entirety by IA ACCESS by 5 p.m. Eastern Standard Time within 30 days
after the date of publication of this notice.\12\ Requests should
contain the following information: (1) The party's name, address, and
telephone number; (2) the number of participants; and (3) a list of the
issues to be discussed.\13\ If a request for a hearing is made, we will
inform parties of the scheduled date for the hearing which will be held
at the U.S. Department of Commerce, 14th Street and Constitution Avenue
NW., Washington, DC 20230.\14\ Parties should confirm by telephone the
date, time, and location of the hearing.
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\11\ See also 19 CFR 351.310.
\12\ Id.
\13\ Id.
\14\ Id.
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we will direct
U.S. Customs and Border Protection (CBP) to suspend liquidation of all
entries of subject merchandise from the Czech Republic entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register.
Pursuant to section 733(d) of the Act and 19 CFR 351.205(d), we
will instruct CBP to require cash deposits \15\ equal to the dumping
margins, as indicated in the chart above, as follows: (1) The rate for
the mandatory respondents listed above will be the respondent-specific
rate we determined in this preliminary determination; (2) if the
exporter is not a mandatory respondent identified above, but the
producer is, the rate will be the specific rate established for the
producer of the subject merchandise; and (3) the rate for all other
producers or exporters will be the all others rate. These suspension of
liquidation instructions will remain in effect until further notice.
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\15\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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Postponement of Final Determination
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. 19 CFR 351.210(e)(2) requires that requests by
respondents for postponement of a final determination be accompanied by
a request for extension of provisional measures from a four-month
period to a period not more than six months in duration.
Respondents AMFM and Sujani requested that, in the event of an
affirmative preliminary determination in this investigation, the
Department postpone its final determination by 60 days (i.e., to 135
days after publication of the preliminary determination), and agreed to
extend the application of the provisional measures prescribed under
section 733(d) of the Act and 19 CFR 351.210(e)(2), from a four-month
period to a period not to exceed six months.\16\ In accordance with
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because
(1) our preliminary determination is affirmative; (2) the requesting
producer or exporter accounts for a significant proportion of exports
of the subject merchandise; and (3) no compelling reasons for denial
exist, we are postponing the final determination until no later than
135 days after the publication of this notice in the Federal Register
and extending the provisional measures from a four-month period to a
period not greater than six months. Accordingly, we will issue our
final determination no later than 135 days after the date of
publication of this preliminary determination, pursuant to section
735(a)(2) of the Act.\17\
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\16\ See letters from AMFM and Sujani entitled, ``Grain-Oriented
Electrical Steel From The Czech Republic: Request To Postpone Final
Determination,'' dated April 30, 2014.
\17\ See 19 CFR 351.210(b)(2) and (e).
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International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we will notify the
ITC of our affirmative preliminary determination of sales at LTFV. If
our final determination in this investigation is affirmative, section
735(b)(2) of the Act requires that the ITC make its final determination
as to whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports of
GOES from the Czech Republic before the later of 120 days after the
date of this preliminary determination or 45 days after our final
determination.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act.
Dated: May 2, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The scope of the investigation covers grain-oriented silicon
electrical steel (GOES). GOES is a flat-rolled alloy steel product
containing by weight at least 0.6 percent but not more than 6
percent of silicon, not more than 0.08 percent of carbon, not more
than 1.0 percent of aluminum, and no other element in an amount that
would give the steel the characteristics of another alloy steel, in
coils or in straight lengths. The GOES that is subject to this
investigation is currently classifiable under subheadings
7225.11.0000, 7226.11.1000, 7226.11.9030, and 7226.11.9060 of the
Harmonized Tariff
[[Page 26720]]
Schedule of the United States (HTSUS). Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of this investigation is
dispositive. Excluded are flat-rolled products not in coils that,
prior to importation into the United States, have been cut to a
shape and undergone all punching, coating, or other operations
necessary for classification in Chapter 85 of the HTSUS as a
transformer part (i.e., laminations).
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Period of Investigation
4. Scope of the Investigation
5. Scope Comments
6. Product Comparisons
7. Respondent Selection
8. Critical Circumstances
9. Discussion of the Methodology
a. Determination of the Comparison Method
b. Results of the Differential Pricing Analysis
c. Date of Sale
d. Export Price/Constructed Export Price
i. AMFM
ii. Sujani
e. Normal Value
i. Home Market Viability
ii. Particular Market Situation
iii. Affiliated-Party Transactions and Arm's-Length Test
iv. Level of Trade
1. AMFM
2. Sujani
f. Cost of Production Analysis
i. Calculation of Cost of Production
ii. Test of Comparison Market Prices
iii. Results of COP Test
g. Calculation of NV Based on Comparison Market Prices
i. AMFM
ii. Sujani
10. Currency Conversion
11. Conclusion
[FR Doc. 2014-10700 Filed 5-8-14; 8:45 am]
BILLING CODE 3510-DS-P