61612 Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Notices 

16See sections 772(c)(1)(C) and 777A(f) of the 

Act, respectively. Unlike in administrative reviews, 

the Department makes an adjustment for export 

subsidies in an LTFV investigation not in the 

calculation of the weighted-average dumping 

margin, 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. 

17The following subsidy programs countervailed 

in the final determination of the concurrent 

countervailing duty investigation are export 

subsidies: Preferential Export Financing from the 

Export-Import Bank of China (1.06 percent) and Tax 

Refunds for Reinvestment of FIE Profits in ExportOriented Enterprises (9.71 percent). See NonOriented Electrical Steel from the People’s Republic 

of China: Final Affirmative Countervailing Duty 

Determination and Final Affirmative Critical 

Circumstances Determination, and the 

accompanying Issues and Decision Memorandum at 

8, signed concurrently with this notice. 

18See Non-Oriented Electrical Steel From the 

People’s Republic of China, Germany, Japan, the 

Republic of Korea, Sweden, and Taiwan: Initiation 

of Antidumping Duty Investigations, 78 FR 69041, 

69046 (November 18, 2013). 

1See Non-Oriented Electrical Steel from the 

Republic of Korea: Preliminary Affirmative 

amount by which the normal value 

exceeds the export price or constructed 

export price, adjusted where 

appropriate for export subsidies and 

estimated domestic subsidy passthrough.16 With regard to the PRC-wide 

entity, we find that an adjustment for 

export subsidies of 10.77 percent 17 is 

warranted because this is the export 

subsidy rate included in the 

countervailing duty rate to which all 

entries from the PRC-wide entity are 

currently subject. We are not adjusting 

the final determination rate for 

estimated domestic subsidy passthrough because we have no basis upon 

which to make such an adjustment. 

Thus, we will 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 PRCwide entity of 396.75 percent. The 

suspension of liquidation instructions 

will remain in effect until further notice. 

Combination Rates 

In the Initiation Notice,18 the 

Department stated that it would 

calculate combination rates for PRC 

respondents that are eligible for a 

separate rate in this investigation. This 

practice is described in Policy Bulletin 

05.1, available at http://enforcement.

trade.gov/policy/index.html. Because 

the Department has not granted a 

separate rate to any PRC respondent, the 

Department has not calculated 

combination rates for any PRC 

respondents. 

Disclosure 

We described the calculations used to 

determine the estimated weightedaverage dumping margins based on 

adverse facts available in the 

Preliminary Determinations and 

Preliminary Determination PRC. We 

made no changes to our calculations 

since these preliminary affirmative 

determinations. Thus, no additional 

disclosure of calculations is necessary 

for the final determinations. 

U.S. International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, we will notify the International 

Trade Commission (ITC) of our final 

affirmative determinations of sales at 

LTFV and final affirmative 

determinations of critical 

circumstances, in part. Because the final 

determinations in these proceedings are 

affirmative, section 735(b)(2) of the Act 

requires that the ITC make its final 

determinations as to whether the 

domestic industry in the United States 

is materially injured, or threatened with 

material injury, by reason of imports of 

NOES from Germany, Japan, Sweden, 

and the PRC no later than 45 days after 

our final determinations. If the ITC 

determines that material injury or threat 

of material injury does not exist for any 

country, the associated proceeding will 

be terminated and all securities posted 

will be refunded. If the ITC determines 

that such injury does exist for any 

country, the Department will issue an 

antidumping duty order for that country 

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 Order 

This notice serves as a reminder to the 

parties subject to administrative 

protective orders (APOs) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APOs 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 the terms of APOs is a sanctionable 

violation. 

Notification to Interested Parties 

These determinations are issued and 

published in accordance with sections 

735(d) and 777(i)(1) of the Act and 19 

CFR 351.210(c). 

Dated: October 6, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix: Japan Issues and Decision 

Memorandum 

I. Summary 

II. Background 

III. Critical Circumstances 

IV. Scope Comments 

V. Scope of the Investigations 

VI. Discussion of the Issues 

Comment 1: Request for a Scope 

Clarification 

Comment 2: Request to Treat October 2013 

as Part of the Base Period Rather Than 

the Comparison Period for Purposes of 

Critical Circumstances 

Comment 3: Request to Revise the 

Comparison Period for Purposes of 

Critical Circumstances 

VII. Recommendation 

[FR Doc. 2014–24372 Filed 10–10–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–872] 

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 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) determines that 

imports of non-oriented electrical steel 

from the Republic of Korea are being, or 

are 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 

estimated weighted-average dumping 

margins are listed below in the ‘‘Final 

Determination’’ section of this notice. 

DATES: Effective Date: October 14, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Dmitry Vladimirov, AD/CVD 

Operations, Office I, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone: (202) 482–0665. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 22, 2014, the Department 

published the Preliminary 

Determination in the Federal Register.1

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Notices 61613 

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) 

(Preliminary Determination). 

2See POSCO letter entitled ‘‘Non-Oriented 

Electrical Steel from the Republic of Korea: 

Withdrawal of Request for Hearing’’ dated August 

19, 2014. 

3See the memorandum from Associate Deputy 

Assistant Secretary Gary Taverman to Assistant 

Secretary Paul Piquado entitled ‘‘Issues and 

Decision Memorandum for the Final Affirmative 

Determination in the Less than Fair Value 

Investigation of Non-Oriented Electrical Steel from 

the Republic of Korea’’ dated concurrently with this 

notice and hereby adopted by this notice (Issues 

and Decision Memorandum). 

4See also Memorandum to Neal Halper entitled 

‘‘Cost of Production, Constructed Value, and 

Further Manufacturing Calculation Adjustments for 

the Final Determination—POSCO’’ dated 

concurrently with this notice and Memorandum to 

the File entitled ‘‘Final Determination of Sales at 

Less Than Fair Value in the Antidumping Duty 

Investigation of Non-Oriented Electrical Steel from 

the Republic of Korea—Analysis Memorandum for 

POSCO’’ dated concurrently with this notice. 

5See Memorandum to the File entitled 

‘‘Verification of the Cost Response of POSCO 

Corporation in the Antidumping Duty Investigation 

of Non-Oriented Electrical Steel from the Republic 

of Korea’’ dated July 28, 2014; Memorandum to the 

File entitled ‘‘Verification of the Sales Response of 

POSCO in the Less-Than-Fair-Value Investigation of 

Non-Oriented Electrical Steel from the Republic of 

Korea’’ dated August 6, 2014; and Memorandum to 

the File entitled ‘‘Verification of the Sales Response 

of POSCO’s U.S. affiliate, Daewoo International 

America, in the Less-Than-Fair-Value Investigation 

of Non-Oriented Electrical Steel from the Republic 

of Korea’’ dated August 6, 2014. 

In the Preliminary Determination, we 

postponed the final determination until 

no later than 135 days after the 

publication of the Preliminary 

Determination in accordance with 

section 735(a)(2)(A) of the Act and 19 

CFR 351.210(b)(2)(ii), and invited 

parties to comment on our Preliminary 

Determination. We received case and 

rebuttal briefs from the petitioner, AK 

Steel Corporation, and POSCO/Daewoo 

International Corporation (collectively, 

POSCO) in August 2014. On June 19, 

2014, POSCO requested a hearing, but 

withdrew its request on August 19, 

2014.2

Period of Investigation 

The period of investigation 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 

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 this investigation 

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 this investigation 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), nongrain oriented (NGO), non-oriented 

(NO), or cold-rolled non-grain oriented 

(CRNGO) electrical steel. These terms 

are interchangeable. 

Excluded from the scope of this 

investigation 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. 

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.3 A list of 

the issues which parties raised and to 

which we responded is in the Issues and 

Decision Memorandum and 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 it is available to 

all parties in the Central Records Unit 

(CRU), 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 signed and the 

electronic versions of the Issues and 

Decision Memorandum are identical in 

content. 

Changes Since the Preliminary 

Determination 

Based on our analysis of the 

comments received, pre-verification 

corrections, and our findings at 

verifications, we made certain changes 

to the margin calculations for POSCO. 

For a discussion of these changes, see 

the ‘‘Margin Calculations’’ section of the 

Issues and Decision Memorandum.4

Verification 

As provided in section 782(i) of the 

Act, in June and July 2014, we 

conducted sales and cost verifications of 

the questionnaire responses submitted 

by POSCO. We used standard 

verification procedures, including 

examination of relevant accounting and 

production records, as well as original 

source documents provided by POSCO.5

Final Determination 

The estimated weighted-average 

dumping margins for this final 

determination are as follows: 

Producer or exporter 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

POSCO/Daewoo International Corporation .......... 6.88 

All Others .............................. 6.88 

Disclosure 

We intend to disclose the calculations 

performed for this final determination 

within five days after the date of 

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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 

mstockstill on DSK4VPTVN1PROD with NOTICES