[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Notices]
[Pages 29428-29430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11905]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-851]
Non-Oriented Electrical Steel From Taiwan: 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 (``Department'') preliminarily
determines that non-oriented electrical steel (``NOES'') from Taiwan is
being, or is likely to be, sold in the United States at less than fair
value (``LTFV''), as provided in section 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 are listed in the ``Preliminary Determination'' section
of this notice. Interested parties are invited to comment on this
preliminary determination.
DATES: Effective May 22, 2014.
FOR FURTHER INFORMATION CONTACT: Krisha Hill or Karine Gziryan, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4037 or (202) 482-4081, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice of initiation of this
investigation on November 18, 2013.\1\ Pursuant to a timely request
from AK Steel Corporation, \2\ and section 773(c)(1)(A) of the Act, the
Department postponed this preliminary LTFV determination by a period of
50 days.\3\
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\1\ See Non-Oriented Electrical Steel From the People's Republic
of China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan:
Initiation of Antidumping Duty Investigations, 78 FR 69041 (November
18, 2013).
\2\ AK Steel Corporation is Petitioner in this investigation.
\3\ See Non-Oriented Electrical Steel From the People's Republic
of China, Germany, Japan, the Republic of Korea, Sweden and Taiwan:
Postponement of Preliminary Determinations of Antidumping Duty
Investigations, 79 FR 13987 (March 12, 2014).
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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.,
[[Page 29429]]
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.
Methodology
The Department conducted this investigation in accordance with
section 731 of the Act. Because the mandatory respondent Leicong
Industrial Company, Ltd. (``Leicong'') failed to respond to the
Department's questionnaire, we preliminarily determined to apply facts
otherwise available with an adverse inference to this respondent
pursuant to sections 776(a) and (b) of the Act. In applying adverse
facts available, we are assigning Leicong a rate of 52.23 percent. For
CSC, export prices have been calculated in accordance with section 772
of the Act. Normal value (``NV'') has been calculated in accordance
with section 773 of the Act.
For a full description of the analysis underlying our preliminary
determination, see ``Decision Memorandum for Preliminary Determination
of Sales at Less Than Fair Value: Non-Oriented Electrical Steel from
Taiwan,'' (``Preliminary Decision Memorandum'') from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, dated concurrently with this determination
and hereby adopted by this notice. The Preliminary Decision Memorandum
is a public document and is made available to the public 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 Department's Central Records Unit,
located at room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be found on the Internet at http://enforcement.trade.gov/frn. The
signed Preliminary Decision Memorandum and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
All Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated ``all
others'' rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually examined, excluding all zero or de minimis
rates, and all rates determined entirely under section 776 of the Act.
CSC is the only respondent in this investigation for which the
Department calculated a company-specific rate which is not zero, de
minimis or based entirely on facts available. Therefore, for purposes
of determining the ``all others'' rate and pursuant to section
735(c)(5)(A) of the Act, we are using the weighted-average dumping
margin calculated for CSC, as the estimated weighted-average dumping
margin assigned to all other producers and exporters of the merchandise
under consideration.
Preliminary Determination
The Department preliminarily determined that the following
estimated weighted-average dumping margins exist for the producers or
exporters during the period July 1, 2012, through June 30, 2013 at the
following rates:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
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China Steel Corporation..................................... 28.14
Leicong Industrial Company, Ltd............................. 52.23
All Others.................................................. 28.14
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Disclosure and Public Comment
We intend to 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).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the final verification report is issued in
this proceeding, and rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\4\ A table of contents, list of authorities used,
and an executive summary of issues should accompany any briefs
submitted to the Department. This summary should be limited to five
pages total, including footnotes.
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\4\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), 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. An electronically filed document must be received successfully
in its entirety by the Department's electronic records system, IA
ACCESS, by 5:00 p.m. Eastern Standard Time, within 30 days after the
date of publication of this notice.\5\ Requests should contain the
party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. If a request
for a hearing is made, the Department intends to hold the hearing at
the U.S. Department of Commerce, 14th Street and Constitution Avenue
NW., Washington, DC 20230, at a time and location to be determined.
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled date.
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\5\ See 19 CFR 351.310(c).
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we are directing
U.S. Customs and Border Protection (``CBP'') to suspend liquidation of
all entries of NOES from Taiwan as described in the
[[Page 29430]]
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), we will instruct CBP to require a
cash deposit \6\ equal to the weighted-average amount by which the NV
exceeds Export Price, as indicated in the chart above. These suspension
of liquidation instructions will remain in effect until further notice.
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\6\ 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 and Extension of Provisional
Measures
Pursuant to a request from CSC, we are postponing the final
determination and extending the provisional measures from a four-month
period to not more than six months. Accordingly, we will make 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.\7\
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\7\ See also 19 CFR 351.210(e); see also Letter from CSC to the
Department, regarding ``Non-Oriented Electrical Steel (NOES) from
Taiwan,'' dated May 2, 2014.
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International Trade Commission (``ITC'') Notification
In accordance with section 733(f) of the Act, we have notified 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 NOES from Taiwan before the later of
120 days after the date of this preliminary determination or 45 days
after our final determination. Because we are postponing the deadline
for our final determination to 135 days from the date of the
publication of this preliminary determination, as discussed above, the
ITC will make its final determination no later than 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 and 19 CFR 351.205(c).
Dated: May 15, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Period of Investigation
4. Postponement of Final Determination and Extension of Provisional
Measures
5. Scope Comments
6. Scope of the Investigation
7. Selection of Respondents
8. Discussion of Methodology
a. Fair Value Comparisons
b. Product Comparisons
c. Date of Sale
d. U.S. Price
e. Normal Value
i. Home Market Viability
ii. Overruns
iii. Level of Trade
iv. Calculation of Normal Value Based on Home Market Prices
f. Cost of Production
i. Calculation of COP
ii. Test of Comparison Market Sales Prices
iii. Results of COP Test
9. Currency Conversion
10. Verification
[FR Doc. 2014-11905 Filed 5-21-14; 8:45 am]
BILLING CODE 3510-DS-P