[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Notices]
[Pages 59224-59226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23393]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-871]
Grain-Oriented Electrical Steel From the Republic of Korea: Final
Determination of Sales at Less Than Fair Value
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 Republic of Korea
(Korea) is being sold in the United States at less than fair value
(LTFV) pursuant to section 735 of the Tariff Act of 1930, as amended
(the Act). 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: Mark Flessner at (202) 482-6312 or
Steve Bezirganian at (202) 482-1131; 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.
SUPPLEMENTARY INFORMATION:
Background
On May 12, 2014, the Department published in the Federal Register
the preliminary determination of sales at LTFV in the LTFV
investigation of GOES from Korea.\1\ The following events occurred
since the Preliminary Determination was issued.
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\1\ See Grain-Oriented Electrical Steel from the Republic of
Korea: Preliminary Determination of Sales at Less Than Fair Value
and Postponement of Final Determination, 79 FR 26939 (May 12, 2014)
(Preliminary Determination).
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Between May 25, 2014, and June 20, 2014, the Department conducted
sales and cost verifications of POSCO in accordance with section 782(i)
of the Act.\2\
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\2\ See ``Verification'' section below.
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On August 4, 2014, and August 11, 2014, the petitioners and a
domestic interested party,\3\ jointly, and POSCO each submitted case
and rebuttal briefs, respectively.
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\3\ The petitioners in this investigation are AK Steel
Corporation, Allegheny Ludlum, LLC, and the United Steelworkers. In
addition, the International Union, United Automobile, Aerospace, and
Agricultural Implemental Workers of America (UAW) is a domestic
interested party.
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Period of Investigation
The period of investigation (POI) is July 1, 2012, through June 30,
2013.
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
\4\ which is hereby adopted with this notice. A list of the issues
raised is attached to this notice as Appendix II. The Issues and
[[Page 59225]]
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.
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\4\ See the memorandum from Gary Taverman, Associate Deputy
Assistant Secretary for AD/CVD Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, entitled,
``Issues and Decision Memorandum for the Final Affirmative
Determination in the Less than Fair Value Investigation of Grain-
Oriented Electrical Steel from the Republic of Korea,'' dated
September 24, 2014 (Issues and Decision Memorandum).
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Verification
As provided in section 782(i) of the Act, in May and June, 2014, we
verified the sales and cost information submitted by POSCO for use in
our final determination. We used standard verification procedures
including an examination of relevant accounting and production records,
and original source documents provided by POSCO.\5\
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\5\ See the memorandum from Mark Flessner and Tyler R Weinhold
to the File entitled, ``Grain-Oriented Electrical Steel from Korea:
Verification Report for POSCO,'' dated July 14, 2014; see also the
memorandum from LaVonne Clark to the File entitled, ``Verification
of the Cost Response of POSCO Corporation in the Antidumping Duty
Investigation of Grain-Oriented Electrical Steel from the Republic
of Korea,'' dated July 28, 2014.
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Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the Preliminary Determination.
For a discussion of these changes, see the ``Margin Calculations''
section of the Issues and Decision Memorandum. Certain other changes
were made to the Preliminary Determination which are detailed in the
COP and CV Calculations Memorandum.\6\ The public version of the COP
and CV Calculation Memorandum is also available to any party through IA
ACCESS or in the Department's Central Record Unit.
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\6\ See the memorandum from LaVonne Clark to Neal M. Halper,
Director, Office of Accounting, entitled, ``Cost of Production and
Constructed Value Calculation Adjustments for the Final
Determination--POSCO,'' dated September 24, 2014 (COP and CV
Calculations Memorandum).
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Final Determination
The estimated weighted-average dumping margins are as follows:
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Estimated
weighted-
average
Producer/exporter dumping
margin
(percent)
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POSCO................................................... 3.68
All Others.............................................. 3.68
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Disclosure
We will disclose the calculations performed for this final
determination within five days of its public announcement, in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) 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 Korea as
described in the ``Scope of the Investigation'' section of this notice,
which were entered, or withdrawn from warehouse, for consumption on or
after May 12, 2014, the date of publication of the preliminary
determination of this investigation in the Federal Register.
Further, the Department will instruct CBP to require a cash deposit
equal to the weighted-average amount by which normal value exceeds U.S.
price as follows: (1) For the respondent listed in the table above
(i.e., POSCO), the cash deposit rate will be equal to the estimated
weighted-average dumping margin which the Department determined in this
final determination; (2) if the exporter is not a respondent examined
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 rate for all other producers or exporters will
be 3.68 percent, the all others rate listed above. These suspension of
liquidation instructions will remain in effect until further notice.
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 rates that are zero
or de minimis, and all rates determined entirely under section 776 of
the Act. The all others rate is based on the estimated weighted-average
dumping margin calculated for POSCO, the only company for which the
Department calculated a rate.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (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
Korea no later than 45 days after our final determination. If the ITC
determines that material injury or threat of material injury does not
exist, the associated proceeding will be terminated and all securities
posted will be refunded. If the ITC determines that such injury does
exist, the Department will issue an antidumping duty order directing
CBP to assess, upon further instruction by the Department, antidumping
duties on imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation, as discussed above in the ``Continuation of
Suspension of Liquidation'' section.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries. Failure to comply with this requirement could
result in the Secretary's presumption that reimbursement of antidumping
duties occurred and the subsequent assessment of double antidumping
duties.
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 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.
Notification to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act.
[[Page 59226]]
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 these
investigations 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).
Appendix II--List of Issues Raised in Case and Rebuttal Briefs
Summary
Background
Discussion of the Issues
Issue 1: Use of Export Price versus Constructed Export Price
Issue 2: CEP Offset
Issue 3: Exporter's Indirect Selling Expenses and Net Reseller
Profit Margin
Issue 4: Freight Revenue
Issue 5: Billing Adjustments
Issue 6: Classification of Late Payment Fees as Expenses
Issue 7: Model Match Variables
Issue 8: Differential Pricing Analysis
Issue 9: Floor of Zero for Imputed Credit Expenses
Issue 10: Interest Rate for Imputed Credit for Home Market Sales
Issue 11: General and Administrative and Financial Expense
Ratios
Conclusion
[FR Doc. 2014-23393 Filed 9-30-14; 8:45 am]
BILLING CODE 3510-DS-P