[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Notices]
[Pages 59223-59224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23389]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-821]
Grain-Oriented Electrical Steel From the Russian Federation:
Final Determination of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
grain-oriented electrical steel (GOES) from the Russian Federation
(Russia) is being, or is likely to be, sold in the United States at
less than fair value (LTFV), as provided in section 735 of the Tariff
Act of 1930, as amended (the Act). In addition, we determine that
critical circumstances exist with respect to imports of the subject
merchandise from Russia. The period of investigation (POI) is July 1,
2012, through June 30, 2013. The final weighted-average dumping margins
of sales at LTFV are listed below in the ``Final Determination''
section of this notice.
DATES: Effective Date: October 1, 2014.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood at (202) 482-3874;
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 May 12, 2014, the Department published the preliminary
determination of sales at LTFV of GOES from Russia.1 2 We
invited interested party comments on the preliminary determination in
this investigation. On June 11, 2014, we received case briefs from OJSC
Novoliptesk Steel/VIZ-Steel LLC (NLMK) and the Ministry of Economic
Development of the Russian Federation. On June 16, 2014, we received a
rebuttal brief from the domestic industry.\3\ On July 28, 2014, we held
a public hearing at the request of NLMK.
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\1\ See Grain-Oriented Electrical Steel from Germany, Japan,
Poland, and the Russian Federation: Preliminary Determinations of
Sales at Less Than Fair Value, Certain Affirmative Preliminary
Determinations of Critical Circumstances, and Postponement of
Russian Final Determination, 79 FR 26941 (May 12, 2014) (Preliminary
Determination).
\2\ As part of the preliminary determination, we postponed the
deadline for the final determination in this investigation to no
later than 135 days after the date of publication of the preliminary
determination. Id.
\3\ The domestic industry includes AK Steel Corporation,
Allegheny Ludlum, LLC, and the United Steelworkers (i.e., the
parties filing the petition), as well as one additional domestic
interested party, the International Union, United Automobile,
Aerospace, and Agricultural Implemental Workers of America (UAW).
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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.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum.
A list of the issues raised is attached to this notice as Appendix II.
The Issues and 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 it 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 Issues and Decision Memorandum can be accessed
directly at http://enforcement.trade.gov/frn/index.html. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
Changes Since the Preliminary Determination
Based on our analysis of the comments received, we made no changes
to our preliminary determination.
Verification
The Department did not verify NLMK in this investigation because we
determined that it failed to cooperate to the best of its ability in
the preliminary determination.
Final Determination
We continue to determine that the following dumping margins exist
for the POI:
------------------------------------------------------------------------
Dumping
Manufacturer/exporter margin
(percent)
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OJSC Novoliptesk Steel/VIZ-Steel LLC....................... 119.88
All Others................................................. 68.98
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Final Affirmative Determination of Critical Circumstances
We made no changes to our critical circumstances analysis announced
in the Preliminary Determination and described in ``Decision Memorandum
for the Preliminary Determination of the Antidumping Duty Investigation
of Grain-Oriented Electrical Steel from Russia.'' \4\ Thus, pursuant to
735(a)(3) of the Act, we continue to find that critical circumstances
exist with respect to imports of GOES from Russia from NLMK and the
companies covered by the ``all others'' rate. For further discussion,
see the Issues and Decision Memorandum at Comment 4.
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\4\ See Preliminary Determination, 79 FR 26941, and accompanying
Preliminary Issues and Decision Memorandum.
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(4)(A) of the Act, the Department
will instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of GOES from Russia, as
described in Appendix I of this notice, for NLMK and the companies
covered by the ``all others'' rate which were entered, or withdrawn
from warehouse, for consumption on or after February 11, 2014, which is
90 days prior to the publication of the preliminary
[[Page 59224]]
determination of the investigation in the Federal Register.
Further, the Department will instruct CBP to require a cash deposit
equal to the amount by which normal value exceeds U.S. price as
follows: (1) For NLMK, the cash deposit rate will be equal to the
dumping margin which the Department determined in this final
determination; (2) if the exporter is not a mandatory respondent
identified in this investigation, but the producer is, the cash deposit
rate will be the rate established for the producer of the subject
merchandise; and (3) the cash deposit rates for all other producers or
exporters will be 68.98 percent. The suspension of liquidation
instructions will remain in effect until further notice.
International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of the final affirmative determination of sales at LTFV. Because
the final determination in this proceeding is affirmative, in
accordance with section 735(b)(2) of the Act, the ITC will 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 Russia no later than 45 days after our
final determination. If the ITC determines that material injury or
threat of material injury does not exist, this investigation will be
terminated and all cash deposits will be refunded. If the ITC
determines that such injury does exist, the Department will issue an
antidumping duty order for GOES from Russia directing CBP to assess,
upon further instruction by the Department, antidumping duties on all
imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation.
Notification Regarding Administrative Protective Orders
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely 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 the terms of an APO is a sanctionable violation.
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act.
Dated: September 24, 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 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 Issues and Decision
Memorandum
1. Application of Adverse Facts Available to NLMK
2. Issues Regarding the Corroboration Analysis
3. Verification of NLMK's Reported Data
4. Critical Circumstances Analysis for NLMK
5. Proposed Suspension Agreement
[FR Doc. 2014-23389 Filed 9-30-14; 8:45 am]
BILLING CODE 3510-DS-P