[Federal Register Volume 79, Number 133 (Friday, July 11, 2014)]
[Notices]
[Pages 40143-40145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16253]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-506-508 and 731-TA-1238-1243 (Final)]
Non-Oriented Electrical Steel from China, Germany, Japan, Korea,
Sweden, and Taiwan; Scheduling of the final phase of countervailing
duty and antidumping duty investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-506-508 and 731-TA-1238-1243 (Final) under sections 705(b) and
731(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)) (the
Act) to determine whether an industry in the United States is
materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports from China, Germany, Japan, Korea,
Sweden, and Taiwan of non-oriented electrical steel, provided for in
subheading 7225.19.00 and 7226.19.10, and 7226.19.90 of the Harmonized
Tariff Schedule of the United States,\1\ that are sold in the
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\1\ For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as ``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 these investigations 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 investigations 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 investigations 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.''
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[[Page 40144]]
United States at less than fair value and by reason of imports of
non-oriented electrical steel that are subsidized by the Governments of
China, Korea, and Taiwan.\2\
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\2\ The Department of Commerce has preliminarily determined that
countervailing subsidies are not being provided to producers and
exporters of non-oriented electrical steel from the Government of
Korea.
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For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A through E (19 CFR part 201), and part 207, subparts A and C
(19 CFR part 207).
DATES: Effective Date: Thursday, July 2, 2014.
FOR FURTHER INFORMATION CONTACT: Edward Petronzio (202-205-3176),
Office of Investigations, U.S. International Trade Commission, 500 E
Street SW., Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (http://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background. The final phase of these investigations is being
scheduled as a result of affirmative preliminary determinations by the
Department of Commerce that certain benefits which constitute subsidies
within the meaning of section 703 of the Act (19 U.S.C. 1671b) are
being provided to manufacturers, producers, or exporters in China and
Taiwan of non-oriented electrical steel, and that such products from
China, Germany, Japan, Korea, Sweden, and Taiwan are being sold in the
United States at less than fair value within the meaning of section 733
of the Act (19 U.S.C. 1673b).\3\ The investigations were requested in a
petition filed on September 30, 2013 by AK Steel Corp., West Chester,
Ohio.
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\3\ In addition to making its preliminary countervailing duty
determinations on non-oriented electrical steel from China, Korea,
and Taiwan, the Department of Commerce simultaneously announced the
alignment of the final countervailing duty determinations with its
final determinations in the companion antidumping duty
investigations.
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Although the Department of Commerce has preliminarily determined
that imports of non-oriented electrical steel from Korea are not being
and are not likely to be subsidized by the Government of Korea, for the
purposes of efficiency the Commission hereby waives rule 207.21(b) \4\
so that the final phase of the investigation may proceed concurrently
in the event that Commerce makes a final affirmative determination with
respect to such imports.
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\4\ Section 207.21(b) of the Commission's rules provides that,
where the Department of Commerce has issued a negative preliminary
determination, the Commission will publish a Final Phase Notice of
Scheduling upon receipt of an affirmative final determination from
Commerce.
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Participation in the investigations and public service list.
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list. Pursuant
to section 207.7(a) of the Commission's rules, the Secretary will make
BPI gathered in the final phase of these investigations available to
authorized applicants under the APO issued in the investigations,
provided that the application is made no later than 21 days prior to
the hearing date specified in this notice. Authorized applicants must
represent interested parties, as defined by 19 U.S.C. 1677(9), who are
parties to the investigations. A party granted access to BPI in the
preliminary phase of the investigations need not reapply for such
access. A separate service list will be maintained by the Secretary for
those parties authorized to receive BPI under the APO.
Staff report. The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on Tuesday,
September 23, 2014, and a public version will be issued thereafter,
pursuant to section 207.22 of the Commission's rules.
Hearing. The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on
Wednesday, October 8, 2014, at the U.S. International Trade Commission
Building. Requests to appear at the hearing should be filed in writing
with the Secretary to the Commission on or before Thursday, October 2,
2014. A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference to be held at 9:30 a.m. on Monday, October 6, 2014, at the
U.S. International Trade Commission Building. Oral testimony and
written materials to be submitted at the public hearing are governed by
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules.
Parties must submit any request to present a portion of their hearing
testimony in camera no later than 7 business days prior to the date of
the hearing.
Written submissions. Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the
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provisions of section 207.23 of the Commission's rules; the deadline
for filing is Tuesday, September 30, 2014. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is Thursday, October 16, 2014. In addition, any person who has
not entered an appearance as a party to the investigations may submit a
written statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before Thursday, October 16, 2014. On Wednesday,
October 29, 2014, the Commission will make available to parties all
information on which they have not had an opportunity to comment.
Parties may submit final comments on this information on or before
Friday, October 31, 2014, but such final comments must not contain new
factual information and must otherwise comply with section 207.30 of
the Commission's rules. All written submissions must conform with the
provisions of section 201.8 of the Commission's rules; any submissions
that contain BPI must also conform with the requirements of sections
201.6, 207.3, and 207.7 of the Commission's rules. The Commission's
Handbook on E-Filing, available on the Commission's Web site at http://edis.usitc.gov, elaborates upon the Commission's rules with respect to
electronic filing.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.21 of the Commission's rules.
Issued: July 8, 2014.
By order of the Commission.
Jennifer D. Rohrbach,
Supervisory Attorney.
[FR Doc. 2014-16253 Filed 7-10-14; 8:45 am]
BILLING CODE 7020-02-P