[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Notices]
[Pages 71741-71743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28405]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-996, A-428-843, A-588-872, A-580-872, A-401-809, A-583-851]
Non-Oriented Electrical Steel From the People's Republic of
China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan:
Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the International Trade Commission (the
ITC), the Department is issuing antidumping duty (AD) orders on non-
oriented electrical steel (NOES) from the People's Republic of China,
Germany, Japan, the Republic of Korea, Sweden, and Taiwan.
DATES: Effective Date: December 3, 2014.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun at (202) 482-5760 (the
People's Republic of China (PRC)); Patrick O'Connor at (202) 482-0989
(Germany); Thomas Martin at (202) 482-3936 (Japan); Dmitry Vladimirov
at (202) 482-0665 (the Republic of Korea (Korea)); Drew Jackson at
(202) 482-4406 (Sweden); or Krisha Hill at (202) 482-4037 (Taiwan), AD/
CVD Operations, Enforcement and Compliance, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act) and 19 CFR 351.210(c), on October 14,
2014, the Department published affirmative final determinations of
sales at less than fair value (LTFV) in the investigations of NOES from
the PRC, Germany, Japan, Korea, Sweden, and Taiwan.\1\ On November 25,
2014, the ITC notified the Department of its affirmative determinations
that an industry in the United States is materially injured within the
meaning of section 735(b)(1)(A)(i) of the Act by reason of LTFV imports
of NOES from the PRC, Germany, Japan, Korea, Sweden, and Taiwan.\2\ In
addition, the ITC notified the Department of its final determination
that critical circumstances do not exist with respect to imports of
subject merchandise from the PRC, Germany, Japan, and Sweden that are
subject to the Department's final affirmative critical circumstances
findings.\3\
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\1\ See Non-Oriented Electrical Steel from Germany, Japan, the
People's Republic of China, and Sweden: Final Affirmative
Determinations of Sales at Less Than Fair Value and Final
Affirmative Determinations of Critical Circumstances, in Part, 79 FR
61609 (October 14, 2014) (Germany, Japan, the PRC, and Sweden Final
Determinations); Non-Oriented Electrical Steel from the Republic of
Korea: Final Determination of Sales at Less Than Fair Value and
Negative Final Determination of Critical Circumstances, 79 FR 61612
(October 14, 2014) (Korea Final Determination); and Non-Oriented
Electrical Steel From Taiwan: Final Determination of Sales at Less
Than Fair Value, 79 FR 61614 (October 14, 2014) (Taiwan Final
Determination), respectively.
\2\ See Letter from the ITC to the Department, dated November
25, 2014; see also Non-Oriented Electrical Steel from China,
Germany, Japan, Korea, Sweden, and Taiwan (Investigation Nos. 701-
TA-506 and 508 and 731-TA-1238-1243 (Final), USITC Publication 4502,
November 2014).
\3\ Id.
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Scope of the Orders
The merchandise subject to these orders 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 these orders 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 orders 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 orders 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
[[Page 71742]]
are provided for convenience and customs purposes, the written
description of the scope is dispositive.
Antidumping Duty Orders
As stated above, on November 25, 2014, in accordance with section
735(d) of the Act, the ITC notified the Department of its final
determinations in its investigations, in which it found that an
industry in the United States is materially injured by reason of
imports of NOES from the PRC, Germany, Japan, Korea, Sweden, and
Taiwan.\4\ Because the ITC determined that imports of NOES from the
PRC, Germany, Japan, Korea, Sweden, and Taiwan are materially injuring
a U.S. industry, unliquidated entries of such merchandise from the PRC,
Germany, Japan, Korea, Sweden, and Taiwan, entered or withdrawn from
warehouse, for consumption are subject to the assessment of antidumping
duties.
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\4\ Id.
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Therefore, in accordance with section 736(a)(1) of the Act, the
Department will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by the Department, antidumping duties
equal to the amount by which the normal value of the merchandise
exceeds the export price (or constructed export price) of the
merchandise, for all relevant entries of NOES from the PRC, Germany,
Japan, Korea, Sweden, and Taiwan. These antidumping duties will be
assessed on unliquidated entries of NOES from the PRC, Germany, Japan,
Korea, Sweden, and Taiwan entered, or withdrawn from warehouse, for
consumption on or after May 22, 2014, the date of publication of the
preliminary determinations,\5\ but will not include entries occurring
after the expiration of the provisional measures period and before
publication of the ITC's final injury determination as further
described below.
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\5\ See Non-Oriented Electrical Steel From the People's Republic
of China: Preliminary Affirmative Determinations of Sales at Less
Than Fair Value and Critical Circumstances, 79 FR 29421 (May 22,
2014); Non-Oriented Electrical Steel From Germany, Japan, and
Sweden: Preliminary Determinations of Sales at Less Than Fair Value,
and Preliminary Affirmative Determinations of Critical
Circumstances, in Part, 79 FR 29423 (May 22, 2014); Non-Oriented
Electrical Steel From the Republic of Korea: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Negative Preliminary
Determination of Critical Circumstances, and Postponement of Final
Determination, 79 FR 29426 (May 22, 2014) (Korea Prelim
Determination); and Non-Oriented Electrical Steel From Taiwan:
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 79 FR 29428 (May 22, 2014)
(Taiwan Prelim Determination).
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation on all entries of NOES
from the PRC, Germany, Japan, Korea, Sweden, and Taiwan. These
instructions suspending liquidation will remain in effect until further
notice.
We will also instruct CBP to require cash deposits at rates equal
to the estimated weighted-average dumping margins indicated below.
Accordingly, effective on the date of publication of the ITC's final
affirmative injury determinations, CBP will require, at the same time
as importers would normally deposit estimated duties on this subject
merchandise, a cash deposit at rates equal to the estimated weighted-
average dumping margins listed below.\6\ The relevant all-others rate
(for Germany, Japan, Korea, Sweden, and Taiwan) or the rate for the
PRC-wide entity (for the PRC), as applicable, apply to all producers or
exporters not specifically listed. For the purpose of determining cash
deposit rates, the estimated weighted-average dumping margins for
imports of subject merchandise from the PRC will be adjusted, as
appropriate, for export subsidies found in the final determination of
the companion countervailing duty investigation of this merchandise
imported from the PRC.\7\
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\6\ See section 736(a)(3) of the Act.
\7\ See Germany, Japan, the PRC, and Sweden Final
Determinations, 79 FR at 61612. See also Non-Oriented Electrical
Steel From the People's Republic of China: Final Affirmative
Countervailing Duty Determination and Final Affirmative Critical
Circumstances Determination, 79 FR 61607 (October 14, 2014) (PRC CVD
Final Determination).
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Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. At the request of exporters that account for a significant
proportion of NOES from the PRC, Germany, Japan, Korea, Sweden, and
Taiwan, we extended the four-month period to no more than six months in
each case.\8\ As stated above, in the investigations covering NOES from
the PRC, Germany, Japan, Korea, Sweden, and Taiwan, the Department
published the preliminary determinations on May 22, 2014. Therefore,
the six-month period beginning on the date of publication of the
preliminary determinations ended on November 18, 2014. Furthermore,
section 737(b) of the Act states that definitive duties are to begin on
the date of publication of the ITC's final injury determination.
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\8\ See Non-Oriented Electrical Steel From the People's Republic
of China, Germany, Japan, and Sweden: Postponement of Final
Determinations of Sales at Less Than Fair Value, 79 FR 37718 (July
2, 2014); Korea Prelim Determination, 79 FR at 29428; and Taiwan
Prelim Determination, 79 FR at 29430.
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Therefore, in accordance with section 733(d) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of NOES from the PRC, Germany, Japan, Korea,
Sweden, and Taiwan, entered, or withdrawn from warehouse, for
consumption on or after November 18, 2014, the date the provisional
measures expired, until and through the day preceding the date of
publication of the ITC's final injury determinations in the Federal
Register. Suspension of liquidation resumes on the date of publication
of the ITC's final determination in the Federal Register.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
[[Page 71743]]
PRC \9\
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Estimated weighted-
Exporter or producer average dumping margin
(percent)
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PRC-Wide Entity................................ 407.52
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Germany
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CD Walzholz.................................... 98.84
Thyssenkrupp Electrical Steel EBG GMBH......... 98.84
All Others..................................... 86.29
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Japan
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JFE Steel Corporation.......................... 204.79
Sumitomo Corporation........................... 204.79
All Others..................................... 135.59
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Korea
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POSCO/Daewoo International Corporation......... 6.88
All Others..................................... 6.88
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Sweden
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Surahammars Bruks AB........................... 126.72
All Others..................................... 98.46
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Taiwan
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China Steel Corporation........................ 27.54
Leicong Industrial Company, Ltd................ 52.23
All Others..................................... 27.54
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Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of NOES from the PRC, Germany, Japan, and
Sweden, we will instruct CBP to lift suspension and to refund any cash
deposit made to secure the payment of estimated antidumping duties with
respect to entries of the merchandise entered, or withdrawn from
warehouse, for consumption on or after February 21, 2014 (i.e., 90 days
prior to the date of publication of the preliminary determinations),
but before May 22, 2014, the publication date of the preliminary
determinations.
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\9\ As explained in the Germany, Japan, the PRC, and Sweden
Final Determinations, the estimated weighted-average dumping margin
for the PRC-wide entity will be adjusted for export subsidies. See
Germany, Japan, the PRC, and Sweden Final Determinations, 79 FR at
61612. Accordingly, we offset the estimated weighted-average dumping
margin for the PRC-wide entity of 407.52 percent by the
countervailing duty rate attributable to export subsidies (i.e.,
10.77 percent) to calculate the cash deposit ad valorem rate for the
PRC-wide entity of 396.75 percent. For information regarding these
export subsidies, see PRC CVD Final Determination and accompanying
Issues and Decision Memorandum at 8 (countervailed export subsidy
programs: Preferential Export Financing from the Export-Import Bank
of China (1.06 percent) and Tax Refunds for Reinvestment of FIE
Profits in Export-Oriented Enterprises (9.71 percent)).
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Notifications to Interested Parties
This notice constitutes the AD orders with respect to NOES from the
PRC, Germany, Japan, Korea, Sweden, and Taiwan pursuant to section
736(a) of the Act. Interested parties can find a list of AD orders
currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with sections 736(a) of
the Act and 19 CFR 351.211.
Dated: November 26, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-28405 Filed 12-2-14; 8:45 am]
BILLING CODE 3510-DS-P