61614 Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Notices 

6See section 735(c)(5)(A) of the Act. 

1See 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) 

(‘‘Preliminary Determination’’). 

2See Letter from CSC to the Department 

regarding, ‘‘Non-Oriented Electrical Steel (NOES) 

from Taiwan—China Steel Case Brief,’’ dated 

August 11, 2014; see also Letter from Petitioner to 

the Department regarding, ‘‘Non-Oriented Electrical 

Steel From Taiwan: Petitioner’s Case Brief,’’ dated 

August 11, 2014. 

3See Letter from CSC to the Department 

regarding, ‘‘Non-Oriented Electrical Steel (NOES) 

from Taiwan—China Steel Rebuttal Brief,’’ dated 

August 18, 2014. 

publication of this notice to parties in 

this proceeding in accordance with 19 

CFR 351.224(b). 

Continuation of Suspension of 

Liquidation 

Pursuant to 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 

entries of non-oriented electrical steel 

from the Republic of Korea which were 

entered, or withdrawn from warehouse, 

for consumption on or after May 22, 

2014, the date of publication of the 

Preliminary Determination. We also 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) The cash deposit 

rate for the mandatory respondent listed 

above will be equal to the estimated 

weighted-average dumping margin 

determined in this final determination; 

(2) if the exporter is not a firm identified 

in this investigation but the producer is, 

then the cash deposit rate will be equal 

to the estimated weighted-average 

dumping margin established for the 

producer of the subject merchandise; (3) 

the cash deposit rate for all other 

producers or exporters will be 6.88 

percent, as discussed in the ‘‘All Others 

Rate’’ section, below. 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 any 

rates that are zero, de minimis, or 

determined entirely under section 776 

of the Act. Accordingly, the ‘‘All 

Others’’ rate is equal to the estimated 

weighted-average dumping margin 

calculated for POSCO, the only 

company for which the Department 

calculated a rate.6

U.S. International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, we notified the U.S. 

International Trade Commission (ITC) of 

our final determination. As our final 

determination is affirmative, in 

accordance with section 735(b)(2) of the 

Act, the ITC will determine within 45 

days whether the domestic industry in 

the United States is materially injured, 

or threatened with material injury, by 

reason of imports or sales (or the 

likelihood of sales) for importation of 

the subject merchandise. If the ITC 

determines that such injury exists, 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. 

Return or Destruction of Proprietary 

Information 

This notice will serve 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 destruction or 

return 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 

We are issuing and publishing this 

determination and notice pursuant to 

sections 735(d) and 777(i)(l) of the Act. 

Dated: October 6, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Critical Circumstances 

IV. Scope of the Investigation 

V. Margin Calculations 

VI. Discussion of the Issues 

1. Home Market Level of Trade 

2. Home Market Sales Outside of the 

Ordinary Course of Trade 

3. Denial of Offsets for Non-Dumped Sales 

When Using the Average-to-Transaction 

Method as an Alternative Comparison 

Method 

VII. Recommendation 

[FR Doc. 2014–24374 Filed 10–10–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–583–851] 

Non-Oriented Electrical Steel From 

Taiwan: Final Determination of Sales at 

Less Than Fair Value 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(‘‘Department’’) determines that nonoriented electrical steel (‘‘NOES’’) from 

Taiwan 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’’). The final 

weighted-average dumping margins of 

sales at LTFV are listed in the ‘‘Final 

Determination’’ section of this notice. 

DATES: Effective Date: October 14, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Krisha Hill or Karine Gziryan, AD/CVD 

Operations, Office IV, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone: (202) 482–4037 or (202) 482– 

4081, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department published its 

Preliminary Determination on May 22, 

2014.1 We invited parties to comment 

on our Preliminary Determination. On 

August 11, 2014, we received case briefs 

from China Steel Corporation (‘‘CSC’’), 

and AK Steel Corporation 

(‘‘Petitioner’’).2 On August 18, 2014, 

CSC submitted a rebuttal brief.3 Based 

on an analysis of the comments 

received, the Department made changes 

from the Preliminary Determination. 

Period of Investigation 

The period of investigation (‘‘POI’’) is 

July 1, 2012, through June 30, 2013. 

Scope of the Investigation 

The merchandise subject to this 

investigation 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 

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Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Notices 61615 

4See Memorandum from Christian Marsh, Deputy 

Assistant Secretary for Antidumping and 

Countervailing Duty Operations, to Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance regarding, ‘‘Issues and Decision 

Memorandum for the Final Determination of Sales 

at Less Than Fair Value: Non-Oriented Electrical 

Steel from Taiwan,’’ dated October 6, 2014 (‘‘Issues 

and Decision Memorandum’’). 

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. 

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. 

For a complete description of the scope 

of this investigation, see the Issues and 

Decision Memorandum, dated 

concurrently with this notice.4

Use of Facts Otherwise Available and 

Adverse Facts Available (AFA) 

In the Preliminary Determination, we 

stated that because the mandatory 

respondent Leicong Industrial 

Company, Ltd. (‘‘Leicong’’) failed to 

respond to the Department’s 

questionnaire, we preliminarily 

determined to apply facts otherwise 

available with an adverse inference to 

this respondent pursuant to sections 

776(a) and (b) of the Act. Pursuant to 

section 776 of the Act, the Department 

continues to find it appropriate to base 

Leicong’s rate on AFA. Further, we 

continue to find that the margin in the 

Petition, which we determined during 

our pre-initiation analysis was based on 

adequate and accurate information, and 

which we corroborated in the 

Preliminary Determination, is the 

appropriate AFA rate for Leicong. In 

applying AFA, we are assigning Leicong 

a rate of 52.23 percent. 

Verification 

As provided in section 782(i) of the 

Act, the Department conducted sales 

and cost verifications of the 

questionnaire responses submitted by 

CSC. The Department used standard 

verification procedures, including 

examination of relevant accounting and 

production records and original source 

documents provided by the respondent. 

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 by the parties and to 

which the Department responded in the 

Issues and Decision Memorandum is 

attached to this notice as an Appendix. 

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, 

which is in room 7046 of the main 

Department of Commerce building. In 

addition, a complete version of the 

Issues and Decision Memorandum can 

be accessed directly on the internet at 

http://enforcement.trade.gov/frn/

index.html. The paper copy and 

electronic version of the Issues and 

Decision Memorandum are identical in 

content. 

Changes Since the Preliminary 

Determination 

Based on our analysis of the 

comments received and our findings at 

verification, we made the following 

changes to the margin calculation for 

CSC. We relied on the COP data 

submitted by CSC except as follows: 

• We allowed CSC’s full cost 

allocation to secondary and salvage 

products. 

• We increased CSC’s cost of 

manufacturing to reflect the market 

value of its affiliated party purchases of 

scrap in accordance with the 

transactions disregarded rule of section 

773(f)(2) of the Act. 

• For difference-in-merchandise 

(‘‘DIFMER’’) purposes, we excluded 

CSC’s depreciation expense for all 

stages of production (i.e., steelmaking 

through the electrical steel process) 

from the variable cost of manufacturing 

(‘‘VCOM’’). This results in a decrease to 

the per-unit VCOM for DIFMER 

purposes. 

For additional details on the above 

issues, see Memorandum to Neal M. 

Halper, Director of Office of Accounting, 

‘‘Cost of Production and Constructed 

Value Calculation Adjustments for the 

Final Determination—China Steel 

Corporation,’’ dated October 6, 2014. 

Final Determination 

The Department determines that the 

following final dumping margins exist 

for the POI: 

Producer or exporter 

Weightedaverage 

dumping 

margin 

(%) 

China Steel Corporation ........... 27.54 

Leicong Industrial Company, 

Ltd ......................................... 52.23 

All Others .................................. 27.54 

Disclosure 

The Department intends to disclose 

calculations performed for this final 

determination to the parties within five 

days of the date of publication of this 

notice in accordance with 19 CFR 

351.224(b). 

Continuation of Suspension of 

Liquidation 

Pursuant to 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 entries of 

NOES from Taiwan which were entered, 

or withdrawn from warehouse, for 

consumption on or after May 22, 2014, 

the date of publication of the 

Preliminary Determination. We 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) The rates for CSC 

and Leicong Industrial Company, Ltd. 

will be the rates we have determined in 

this final determination; (2) if the 

exporter is not a firm identified in this 

investigation but the producer is, the 

rate will be the rate established for the 

producer of the subject merchandise; (3) 

the rate for all other producers or 

exporters will be 27.54 percent, as 

discussed in the ‘‘All Others Rate’’ 

section, below. 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 investigated, excluding any 

zero or de minimis margins and any 

margins determined entirely under 

section 776 of the Act. CSC is the only 

respondent in this investigation for 

which we calculated a company-specific 

rate that is not zero, de minimis, or 

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61616 Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Notices 

determined entirely under section 776 

of the Act. Therefore, for purposes of 

determining the ‘‘all others’’ rate and 

pursuant to section 735(c)(5)(A) of the 

Act, we are using the dumping margin 

calculated for CSC, 27.54 percent, for 

the ‘‘all others’’ rate, as referenced 

above. 

U.S. International Trade Commission 

(‘‘ITC’’) Notification 

In accordance with section 735(d) of 

the Act, we notified the International 

Trade Commission (ITC) of our final 

determination. As our final 

determination is affirmative, and in 

accordance with section 735(b)(2) of the 

Act, the ITC will determine, within 45 

days, whether the domestic industry in 

the United States is materially injured, 

or threatened with material injury, by 

reason of imports or sales (or the 

likelihood of sales) for importation of 

NOES from Taiwan. If the ITC 

determines that such injury does exist, 

the Department will issue an 

antidumping duty order directing CBP 

to assess 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 (‘‘APO’’) 

This notice also serves as a reminder 

to the parties subject to APO of their 

responsibility concerning the 

disposition of propriety information 

disclosed under APO in accordance 

with 19 CFR 351.305. Timely written 

notification of return or destruction of 

APO materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and terms of an APO is a sanctionable 

violation. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

735(d) and 777(i)(1) of the Act. 

Dated: October 6, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

Issues for the Final Determination 

Summary 

Background 

Period of Investigation 

Scope of the Investigation 

Discussion of Issues 

Comment 1: Whether the Department 

Should Exclude CSC’s Sales Ultimately 

Destined to a Third Country From the 

Margin Calculation 

Comment 2: Difference Between POI Net 

Cost of Manufacturing and Total Cost of 

Manufacturing 

Comment 3: Fixed Overhead (FOH) for 

CONNUM 16216011 

Recommendation 

[FR Doc. 2014–24368 Filed 10–10–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Notice of Intent To Prepare an 

Environmental Impact Statement on 

the Issuance of Take Authorizations in 

Cook Inlet, Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for comments. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) announces its 

intent to prepare an Environmental 

Impact Statement (EIS) to analyze the 

environmental impacts of issuing 

Incidental Take Authorizations (ITAs) 

pursuant to the Marine Mammal 

Protection Act (MMPA) for the taking of 

marine mammals incidental to 

anthropogenic activities in the waters of 

Cook Inlet, Alaska. NMFS will hold a 

public scoping meeting to begin the 

scoping process. 

DATES: All comments, written 

statements, and questions regarding the 

scoping process and preparation of the 

EIS must be received no later than 

December 29, 2014. 

ADDRESSES: You may submit comments 

and statements regarding the scoping for 

this EIS, identified by NOAA–NMFS– 

2014–0129, by any of the following 

methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal 

www.regulations.gov. To submit 

comments via the e-Rulemaking Portal, 

enter NOAA–NMFS–2014–0129 in the 

keyword search. Locate the document 

you wish to comment on from the 

resulting list and click on the 

‘‘Comment Now’’ icon on the right of 

that line. 

• Mail: Jolie Harrison, Chief, Permits 

and Conservation Division, Office of 

Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD 

20910. 

• Fax: (301) 713–0376, Attn: Jolie 

Harrison. 

• Public Meeting: Oral and written 

comments will be accepted during the 

upcoming public scoping meeting on 

Monday, November 3, 2014. See 

SUPPLEMENTARY INFORMATION, Public 

Meetings for more information. 

Instructions: Comments must be 

submitted by one of the above methods 

to ensure that the comments are 

received, documented, and considered 

by NMFS. Comments sent by any other 

method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered. All comments received are 

a part of the public record and will 

generally be posted for public viewing 

on www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.) submitted 

voluntarily by the sender will be 

publicly accessible. Do not submit 

confidential business information, or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word or Excel or Adobe PDF file 

formats only. We request that you 

include background documents to 

support your comments as appropriate. 

FOR FURTHER INFORMATION CONTACT: Jolie 

Harrison, Office of Protected Resources, 

NMFS, at (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101 (a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce to allow, 

upon request, the incidental, but not 

intentional taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment for a period of one year or 

less, a notice of proposed authorization 

is provided to the public for review. The 

term ‘‘take’’ under the MMPA means ‘‘to 

harass, hunt, capture or kill, or attempt 

to harass, hunt, capture, or kill.’’ Except 

with respect to certain activities not 

pertinent here, the MMPA defines 

‘‘harassment’’ as ‘‘any act of pursuit, 

torment, or annoyance which (i) has the 

potential to injure a marine mammal or 

marine mammal stock in the wild [Level 

A harassment]; or (ii) has the potential 

to disturb a marine mammal or marine 

mammal stock in the wild by causing 

disruption of behavioral patterns, 

including, but not limited to, migration, 

breathing, nursing, breeding, feeding, or 

sheltering [Level B harassment].’’ 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

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