[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., B<INF>800</INF> 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
------------------------------------------------------------------------
CD Walzholz....................................                    98.84
Thyssenkrupp Electrical Steel EBG GMBH.........                    98.84
All Others.....................................                    86.29
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                                  Japan
------------------------------------------------------------------------
JFE Steel Corporation..........................                   204.79
Sumitomo Corporation...........................                   204.79
All Others.....................................                   135.59
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                                  Korea
------------------------------------------------------------------------
POSCO/Daewoo International Corporation.........                     6.88
All Others.....................................                     6.88
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                                 Sweden
------------------------------------------------------------------------
Surahammars Bruks AB...........................                   126.72
All Others.....................................                    98.46
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                                 Taiwan
------------------------------------------------------------------------
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