[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Notices]
[Pages 59226-59227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23391]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-994]
Grain-Oriented Electrical Steel From the People's Republic of
China: Final Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 1, 2014.
SUMMARY: The Department of Commerce (the Department) determines that
imports of grain-oriented electrical steel (GOES) from the People's
Republic of China (PRC) are being, or are likely to be, sold in the
United States at less than fair value, as provided in section 735 of
the Tariff Act of 1930, as amended (the Act). The final weighted-
average dumping margin for the investigation on GOES from the PRC is
listed below in the ``Final Determination Margin'' section of this
notice.
FOR FURTHER INFORMATION CONTACT: Edythe Artman or Angelica Mendoza, 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-
3931 or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 12, 2014, the Department published the preliminary
determination of the less-than-fair-value investigation of GOES from
the PRC in the Federal Register.\1\ The investigation covers sales of
GOES from the PRC for the period from January 1, 2013, through June 30,
2013. In the Preliminary Determination, we invited interested parties
to comment on our findings and to request a hearing to discuss any
issues raised in case and rebuttal briefs. On June 3, 2014, Baoshan
Iron & Steel Co., Ltd. (Baoshan), the sole respondent in the
investigation, filed comments on the preliminary determination and
later incorporated these comments in its case brief, filed on July 1,
2014. After obtaining an extension for rebuttal comments, the domestic
parties \2\ filed a timely rebuttal brief on July 9, 2014. Baoshan
requested a hearing to discuss issues in the briefs but later withdrew
its request.
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\1\ See Grain-Oriented Electrical Steel From the People's
Republic of China: Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final Determination, 79 FR 26936 (May
12, 2014) (Preliminary Determination).
\2\ The petitioners are AK Steel Corporation, Allegheny Ludlum,
LLC, and the United Steelworkers. The International Union, United
Automobile, Aerospace and Agricultural Implement Workers of America
has participated in this investigation as a domestic interested
party. These parties (collectively, the ``domestic parties'') made
joint submissions in this investigation.
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Scope of the Investigation
The scope of this investigation covers 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 these investigations 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).
Verification
The Department did not verify Baoshan because, in the Preliminary
Determination, we found the company to be uncooperative in its
participation in the investigation and thus found its information to be
unreliable.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this investigation are addressed in the Issues and Decision Memorandum
accompanying this notice, and which is hereby adopted by this
notice.\3\ A list of the issues which the parties raised and to which
the Department responded in the memorandum appears in the appendix of
this notice. 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 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/. The signed and electronic versions
[[Page 59227]]
of the memorandum are identical in content.
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\3\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
regarding ``Decision Memorandum for the Final Determination of the
Less-Than-Fair-Value Investigation of Grain-Oriented Electrical
Steel from the People's Republic of China'', dated September 24,
2014 (Issues and Decision Memorandum).
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Changes Since the Preliminary Determination
We made no changes to the Preliminary Determination based on our
review and analysis of the comments received from parties.
Final Determination
The Department determines that the following estimated weighted-
average dumping margin exists for the period January 1, 2013, through
June 30, 2013:
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\4\ The PRC-wide entity includes all producers and exporters of
GOES from the PRC, including the companies identified in the
petition that did not establish that they are separate from the PRC-
wide entity in this investigation: Baoshan, Anshan Iron & Steel
Group Corporation, Hebei Shougang Qian'an Iron & Steel Co., Ltd.,
and Wuhan Iron & Steel Co., Ltd.
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Estimated
weighted-
Producer and exporter average dumping
margin
(percent)
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PRC-wide entity \4\.................................... 159.21
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Disclosure
Normally, the Department discloses to interested parties the
calculations performed in connection with a final determination within
five days of the date of publication of the notice of the final
determination in the Federal Register, in accordance with 19 CFR
351.224(b). But because the Department, in accordance with section 776
of the Act, applied adverse facts available to determine the estimated
weighted-average dumping margin for the mandatory respondent in this
investigation, there are no calculations to disclose to parties.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of GOES from the PRC, as
described in the ``Scope of the Investigation'' section of this notice
and which were entered, or withdrawn from warehouse, for consumption on
or after May 12, 2014, the date of publication of the preliminary
determination in the Federal Register.
Pursuant to 19 CFR 351.205(d), we will instruct CBP to require a
cash deposit for all suspended entries at an ad valorum rate equal to
the weighted-average amount by which normal value exceeds U.S. price,
adjusted where appropriate for export subsidies and estimated domestic
subsidy pass-through \5\ where, as here, the product under
investigation is also subject to a countervailing duty investigation.
For all PRC exporters of merchandise under consideration, the cash-
deposit rate will be equal to the dumping margin established for the
PRC-wide entity. These suspension-of-liquidation and cash-deposit
instructions will remain in effect until further notice.
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\5\ See sections 772(c)(1)(C) and 777A(f) of the Act,
respectively. Unlike in administrative reviews, the Department
calculates the adjustment for export subsidies in investigations not
in the margin-calculation program, but in the cash-deposit
instructions issued to CBP. See Notice of Final Determination of
Sales at Less Than Fair Value, and Negative Determination of
Critical Circumstances: Certain Lined Paper Products from India, 71
FR 45012 (August 8, 2006), and accompanying issues and decision
memorandum at comment 1.
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Furthermore, as stated above and consistent with our practice, we
will instruct CBP to require a cash deposit equal to the amount by
which the normal value exceeds export price or constructed export
price, less the amount of countervailing duty determined to constitute
an export subsidy. With respect to the PRC-wide entity, we find that an
export-subsidy adjustment of 5.31 percent to the cash deposit rate is
warranted because this is the export subsidy rate included in the
countervailing duty rate to which PRC-wide entries are currently
subject.\6\
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\6\ See Grain-Oriented Electrical Steel from the People's
Republic of China: Final Affirmative Countervailing Duty
Determination, and accompanying Issues and Decision Memoradum at 8.
The final determination in this companion countervailing duty
proceeding is being concurrently released on the same day as the
final determination in this case.
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We are not adjusting the final determination rate for estimated
domestic subsidy pass-through because we have no basis upon which to
make such an adjustment.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we notified the
International Trade Commission (ITC) of the final affirmative
determination of sales at less than fair value. Because the final
determination in this proceeding is affirmative, the ITC will make its
final determination, in accordance with section 735(b)(2) of the Act,
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 PRC 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 proceeding will be terminated and all securities
posted will be refunded or canceled. If the ITC determines that such
injury does exist, then the Department will issue an antidumping duty
order 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 also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
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 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--Comments Discussed in the Accompanying Final Issues and
Decision Memorandum
Summary
Background
Period of Investigation
Scope of the Investigation
Discussion of Comments
Comment 1: Application of Adverse Facts Available to Baoshan
Comment 2: Corroboration of Adverse Facts Available Rate
Comment 3: Selection of an Adverse Facts Available Rate
Recommendation
[FR Doc. 2014-23391 Filed 9-30-14; 8:45 am]
BILLING CODE 3510-DS-P