[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Notices]
[Pages 26939-26941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10748]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-871]
Grain-Oriented Electrical Steel From the Republic of Korea:
Preliminary Determination of Sales at Less Than Fair Value 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
Republic of Korea 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 12, 2014.
FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6312 or (202) 482-0649, respectively.
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 Preliminary Decision Memorandum dated
concurrently with and hereby adopted by this notice.\2\ The 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 (October 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 Gary Taverman, Senior Advisor 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 Republic
of Korea'' (Preliminary Decision Memorandum).
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Scope of the Investigation
The scope of the investigation covers grain-oriented electrical
steel, 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 LTFV investigations, pursuant to section
733(c)(1)(A) of the Act and 19 CFR 351.205(e). On February 20, 2014, we
postponed the preliminary determinations by 50 days.\5\ 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 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) is 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. A list of the topics included in the Preliminary Decision
Memorandum is included in Appendix II to this notice.
Preliminary Determination
The preliminary estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
POSCO...................................................... 5.34
All Others................................................. 5.34
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Disclosure
We will disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i) of the Act, we intend to verify
information relied upon in making our final determination.
[[Page 26940]]
Public Comment
Interested parties are invited to comment on the preliminary
determination. Interested parties may submit case briefs to the
Department no later 30 days after the date of publication of the
preliminary determination.\6\ 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.\7\
A list of authorities used, a table of contents, and an executive
summary of issues should accompany any briefs submitted to the
Department.\8\ Executive summaries should be limited to five pages
total, including footnotes. Interested parties who wish to comment on
the preliminary determination must file briefs electronically using IA
ACCESS. An electronically-filed document must be received successfully
in its entirety by IA ACCESS by 5 p.m. Eastern Standard Time on the
date the document is due.
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\6\ See 19 CFR 351.309(c)(1)(i).
\7\ See 19 CFR 351.309(d)(1) and 19 CFR 351.309(d)(2).
\8\ 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.\9\
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, within 30 days
after the date of publication of this notice.\10\ 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.\11\ If a request for a hearing is made, we will
inform parties of the scheduled date and time of the hearing which will
be held at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230.\12\ Parties should
confirm by telephone the date, time, and location of the hearing.
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\9\ See also 19 CFR 351.310.
\10\ See 19 CFR 351.310(c).
\11\ Id.
\12\ See 19 CFR 351.310.
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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 GOES from the Republic of Korea as described in the scope of
the investigation section entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice in the
Federal Register.
Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to
require a cash deposit \13\ equal to the preliminary weighted-average
amount by which NV exceeds U.S. price, as indicated in the chart above,
as follows: (1) The rate for POSCO will be the estimated weighted-
average dumping margin we determine in this preliminary determination;
(2) if the exporter is not a firm identified in this investigation, but
the producer is, then the rate will be the rate established for the
producer of the subject merchandise; (3) the rate for all other
producers or exporters will be 5.34 percent. These suspension of
liquidation instructions will remain in effect until further notice.
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\13\ 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
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.
Respondent POSCO 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.\14\ 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.\15\
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\14\ See letter from POSCO entitled, ``Antidumping Duty
Investigation of Grain-Oriented Electrical Steel from the Republic
of Korea: Postponement Request of Final Determination,'' dated
February 5, 2014.
\15\ 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 preliminary affirmative determination of sales at LTFV.
Because the preliminary determination in this proceeding 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 Republic of Korea no
later than 45 days after our final determination.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: May 2, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The scope of this 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 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
[[Page 26941]]
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. Discussion of Methodology
A. Determination of the Comparison Method
B. Results of the Differential Pricing Analysis
C. Date of Sale
D. Export Price
E. Normal Value
9. Currency Conversion
10. Conclusion
[FR Doc. 2014-10748 Filed 5-9-14; 8:45 am]
BILLING CODE 3510-DS-P