[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Notices]
[Pages 71749-71751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28507]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-997, C-583-852]
Non-Oriented Electrical Steel From the People's Republic of China
and Taiwan: Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
[[Page 71750]]
Commerce (the Department) and the International Trade Commission (ITC),
the Department is issuing countervailing duty (CVD) orders on non-
oriented electrical steel (NOES) from the People's Republic of China
(PRC) and Taiwan.
DATES: Effective Date: December 3, 2014.
FOR FURTHER INFORMATION CONTACT: PRC: Joshua Morris or Thomas Schauer,
Office I, telephone: (202) 482-1779 and (202) 482-0410, respectively;
Taiwan: Patricia Tran or Christopher Hargett, Office III, telephone:
(202) 482-1503 and (202) 482-4161, respectively; 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 October 14, 2014, the Department published the final
determinations in the CVD investigations of NOES from Korea, PRC, and
Taiwan.\1\ On November 25, 2014, the ITC notified the Department of its
final determination pursuant to sections 705(b)(1)(A)(i) and section
705(d) of the Tariff Act of 1930, as amended (the Act), that an
industry in the United States is materially injured by reason of
subsidized imports of subject merchandise from the PRC and Taiwan.\2\
The ITC also determined that critical circumstances did not exist for
the PRC.\3\
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\1\ See Non-Oriented Electrical Steel From the Republic of
Korea: Final Negative Countervailing Duty Determination and Final
Negative Critical Circumstances Determination, 79 FR 61605 (October
14, 2014) (Korea Final Determination); 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
Final Determination); Non-Oriented Electrical Steel From Taiwan:
Final Affirmative Countervailing Duty Determination, 79 FR 61602
(October 14, 2014) (Taiwan Final Determination).
\2\ See Non-Oriented Electrical Steel from China, Germany,
Japan, Korea, Sweden, and Taiwan, Investigation Nos. 701-TA-506 &
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 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 are provided for convenience and
customs purposes, the written description of the scope is dispositive.
Countervailing Duty Orders
In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act,
the ITC notified the Department of its final determination that the
industry in the United States producing NOES is materially injured by
reason of subsidized imports of NOES from the PRC and Taiwan.
Therefore, in accordance with section 705(c)(2) of the Act, we are
publishing these CVD orders.
Pursuant to section 706(a) of the Act, the Department will direct
U.S. Customs and Border Protection (CBP) to assess, upon further
instruction by the Department, CVDs on unliquidated entries of NOES
entered, or withdrawn from warehouse, for consumption on or after March
25, 2014, the date on which the Department published its affirmative
preliminary CVD determinations in the Federal Register, and before July
23, 2014, the date on which the Department instructed CBP to
discontinue the suspension of liquidation in accordance with section
703(d) of the Act. Section 703(d) of the Act states that the suspension
of liquidation pursuant to a preliminary determination may not remain
in effect for more than four months. Entries of NOES made on or after
July 23, 2014, and prior to the date of publication of the ITC's final
determination in the Federal Register are not liable for the assessment
of CVDs, due to the Department's discontinuation, effective July 23,
2014, of the suspension of liquidation.
With regard to the ITC's negative critical circumstances
determination for the PRC, the Department will instruct CBP to lift
suspension and refund any cash deposits of estimated CVDs for entries
on or after December 25, 2013, (i.e., 90 days prior to the date of the
preliminary determination), but before March 25, 2014.
Suspension of Liquidation
For the PRC, in accordance with section 706 of the Act, the
Department will direct CBP to reinstitute the suspension of liquidation
of NOES from the PRC, effective the date of publication of the ITC's
notice of final determination in the Federal Register, and to assess,
upon further instruction by the Department pursuant to section
706(a)(1) of the Act, CVDs for each entry of the subject merchandise in
an amount based on the net countervailable subsidy rates for the
subject merchandise. CBP must require, at the same time as importers
would normally deposit estimated duties on this merchandise, a cash
deposit equal to the rates noted below:
------------------------------------------------------------------------
Subsidy
Company rate (%)
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Baoshan Iron & Steel Co., Ltd................................ 158.88
[[Page 71751]]
All Others................................................... 158.88
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For Taiwan, in accordance with section 706 of the Act, the
Department will direct CBP to reinstitute the suspension of liquidation
of NOES from Taiwan, effective the date of publication of the ITC's
notice of final determination in the Federal Register, and to assess,
upon further instruction by the Department pursuant to section
706(a)(1) of the Act, CVDs for each entry of the subject merchandise in
an amount based on the net countervailable subsidy rates for the
subject merchandise. Because China Steel Corporation and its cross-
owned affiliates Dragon Steel Corporation, HiMag Magnetic Corporation,
and China Steel Global Trading Corporation (collectively, CSC
Companies) received a de minimis net subsidy rate in the Taiwan Final
Determination, they are excluded from this Taiwan CVD order. This
exclusion will apply only to subject merchandise both produced and
exported by CSC Companies. CBP must require, at the same time as
importers would normally deposit estimated duties on this merchandise,
a cash deposit equal to the rates noted below:
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Subsidy
Company rate (%)
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Leicong Industrial Company, Ltd (Leicong).................... 17.12
All Others................................................... 8.80
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This notice constitutes the CVD orders with respect to NOES from
the PRC and Taiwan, pursuant to section 706(a) of the Act. Interested
parties may contact the Department's Central Records Unit, Room 7046 of
the main Commerce Building, for copies of an updated list of CVD orders
currently in effect.
These orders are issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: November 26, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-28507 Filed 12-2-14; 8:45 am]
BILLING CODE 3510-DS-P