Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices 71749 

Socialist Republic of Vietnam: Rebuttal Brief, dated 

October 6, 2014 (‘‘Petitioners Rebuttal Brief’’). 

5Until July 1, 2004, these products were 

classifiable under HTSUS 0304.20.6030 (Frozen 

Catfish Fillets), 0304.20.6096 (Frozen Fish Fillets, 

NESOI), 0304.20.6043 (Frozen Freshwater Fish 

Fillets) and 0304.20.6057 (Frozen Sole Fillets). 

Until February 1, 2007, these products were 

classifiable under HTSUS 0304.20.6033 (Frozen 

Fish Fillets of the species Pangasius, including basa 

and tra). On March 2, 2011, the Department added 

two HTSUS numbers at the request of U.S. Customs 

and Border Protection (‘‘CBP’’): 1604.19.2000 and 

1604 19.3000. On January 30, 2012, the Department 

added eight HTSUS numbers at the request of CBP: 

0304.62.0020, 0305.59.0000, 1604.19.2100, 

1604.19.3100, 1604.19.4100, 1604.19.5100, 

1604.19.6100 and 1604.19.8100. 

6On November 24, 2014, Enforcement and 

Compliance changed the name of Enforcement and 

Compliance’s AD and CVD Centralized Electronic 

Service System (‘‘IA ACCESS’’) to AD and CVD 

Centralized Electronic Service System (‘‘ACCESS’’). 

The Web site location was changed from http://

iaaccess.trade.gov to http://access.trade.gov. The 

Final Rule changing the references to the 

Regulations can be found at 79 FR 69046. 

7See ‘‘Decision Memorandum for Preliminary 

Results of Antidumping Duty New Shipper Review: 

Certain Frozen Fish Fillets from the Socialist’s 

Republic of Vietnam’’ from Gary Taverman, Senior 

Advisor for Antidumping and Countervailing Duty 

Operations to Ronald K. Lorentzen, Acting 

Assistant Secretary for Enforcement and 

Compliance, dated June 18, 2014 (‘‘Preliminary 

Decision Memorandum’’), and hereby adopted by 

this notice. 

8 Id. 

the Department conducted a public 

hearing regarding the NSR. 

Scope of the Order 

The product covered by the order is 

frozen fish fillets, including regular, 

shank, and strip fillets and portions 

thereof, whether or not breaded or 

marinated, of the species Pangasius 

Bocourti, Pangasius Hypophthalmus 

(also known as Pangasius Pangasius) 

and Pangasius Micronemus. These 

products are classifiable under tariff 

article codes 0304.29.6033, 

0304.62.0020, 0305.59.0000, 

0305.59.4000, 1604.19.2000, 

1604.19.2100, 1604.19.3000, 

1604.19.3100, 1604.19.4000, 

1604.19.4100, 1604.19.5000, 

1604.19.5100, 1604.19.6100 and 

1604.19.8100 (Frozen Fish Fillets of the 

species Pangasius including basa and 

tra) of the Harmonized Tariff Schedule 

of the United States (‘‘HTSUS’’).5

Although the HTSUS subheading is 

provided for convenience and customs 

purposes, our written description of the 

scope of the order is dispositive. 

For a full description of the scope, see 

‘‘Certain Frozen Fish Fillets from the 

Socialist Republic of Vietnam: Issues 

and Decision Memorandum for the 

Final Results of New Shipper Review,’’ 

dated concurrently with this notice 

(‘‘I&D Memo’’). 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties are addressed 

in the I&D Memo, which is hereby 

adopted by this Notice. A list of the 

issues which parties raised is attached 

to this notice as an Appendix. The I&D 

Memo is a public document and is on 

file in the Central Records Unit 

(‘‘CRU’’), Room 7046 of the main 

Department of Commerce building, as 

well as electronically via Enforcement 

and Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (‘‘ACCESS’’).6

ACCESS is available to registered users 

at http://access.trade.gov and in the 

CRU. In addition, a complete version of 

the I&D Memo can be accessed directly 

on the Internet at http://trade.gov/

enforcement/frn/index.html. The signed 

I&D Memo and the electronic versions 

of the I&D Memo are identical in 

content. 

Bona Fide Analysis 

For the Preliminary Rescission, the 

Department analyzed the bona fides of 

Thanh Hung’s sale and preliminarily 

found it to be non-bona fide.7 Based on 

the Department’s complete analysis of 

all the information and comments on 

the record of this review regarding the 

bona fides of Thanh Hung’s NSR sale, 

the Department continues to find Thanh 

Hung’s sale to be non-bona fide because 

of (a) the atypical nature of Thanh 

Hung’s price and quantity; (b) 

extraordinary expenses arising from the 

transaction; (c) the importer’s regular 

commercial interest; (d) atypical 

circumstances surrounding production; 

and (e) unreported connections to other 

entities.8 The Department did not base 

its analysis on any one factor but 

instead examined the totality of the 

evidence and comments on the record of 

this review to determine that Thanh 

Hung’s sale was not bona fide. 

Rescission of New Shipper Review 

For the foregoing reasons, the 

Department finds that the sale of Thanh 

Hung is non-bona fide and that this sale 

does not provide a reasonable or reliable 

basis for calculating a dumping margin. 

Because a non-bona fide sale was the 

only sale of subject merchandise during 

the POR, the Department is rescinding 

this NSR pursuant to section 351.214(f) 

of the Department’s regulations. 

Cash Deposit Rates 

The following cash deposit 

requirements continue to apply for all 

shipment of subject merchandise from 

Thanh Hung entered, or withdrawn 

from warehouse: (1) For subject 

merchandise produced and exported by 

Thanh Hung, the cash deposit rate will 

continue to be the Vietnam-wide rate 

(i.e., 2.39 U.S. Dollars/kg); (2) for subject 

merchandise exported by Thanh Hung 

but not manufactured by Thanh Hung, 

the cash deposit rate will continue to be 

the Vietnam-wide rate (i.e., 2.39 U.S. 

Dollars/kg); and (3) for subject 

merchandise manufactured by Thanh 

Hung, but exported by any other party, 

the cash deposit rate will be the rate 

applicable to the exporter. These cash 

deposit requirements shall remain in 

effect until further notice. 

Administrative Protective Order 

This notice also serves as a reminder 

to parties subject to Administrative 

Protective Order (‘‘APO’’) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305, which continues 

to govern business proprietary 

information in this segment of the 

proceeding. Timely written notification 

of the 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 violation 

which is subject to sanction. 

We are issuing and publishing this 

new shipper review and notice in 

accordance with sections 751(a)(2)(B) 

and 777(i) of the Tariff Act of 1930, as 

amended, and 19 CFR 351.214. 

Dated: November 26, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix—Issues and Decision 

Memorandum 

Summary 

Background 

Scope of the Order 

Discussion of the Issues 

Comment: Bona Fide Nature of the Sale 

Under Review 

Recommendation 

[FR Doc. 2014–28459 Filed 12–2–14; 8:45 am] 

BILLING CODE 3510–DS–P 

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 


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71750 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices 

1See 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); NonOriented Electrical Steel From Taiwan: Final 

Affirmative Countervailing Duty Determination, 79 

FR 61602 (October 14, 2014) (Taiwan Final 

Determination). 

2See 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. 

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

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), nongrain 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: 

Company 

Subsidy 

rate 

(%) 

Baoshan Iron & Steel Co., Ltd ..... 158.88 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices 71751 

Company 

Subsidy 

rate 

(%) 

All Others ...................................... 158.88 

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: 

Company 

Subsidy 

rate 

(%) 

Leicong Industrial Company, Ltd 

(Leicong) ................................... 17.12 

All Others ...................................... 8.80 

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 

DEPARTMENT OF ENERGY 

Agency Information Collection 

Extension 

AGENCY: U.S. Department of Energy. 

ACTION: Notice and request for OMB 

review and comment. 

SUMMARY: The Department of Energy 

(DOE) has submitted an information 

collection request to OMB for extension 

under the provisions of the Paperwork 

Reduction Act of 1995. The information 

collection requests a three-year 

extension of its Davis-Bacon Semiannual Labor Compliance Report 

collection. The collection requests 

information from certain financial 

assistance grantees, loan guarantee and 

loan borrowers, and the Department of 

Energy Management and Operation 

(M&O) and Facilities Management 

Contractors for contract administration 

and management oversight. The 

information collection is necessary to 

allow DOE to comply with a reporting 

requirement placed on all Federal 

agencies administering programs subject 

to the Davis-Bacon Act wage provisions. 

Department of Labor regulation at 29 

CFR 5.7(b) requires all Federal agencies 

administering programs subject to the 

Davis-Bacon Act wage provisions to 

submit to the Department of Labor a 

semi-annual compliance and 

enforcement report. In order for the 

Department of Energy (DOE) to comply 

with this reporting requirement, it must 

collect information from certain 

financial assistance grantees, Loan and 

Loan Guarantee Borrowers, DOE M&O 

contractors, and DOE Facilities 

Management contractors that administer 

DOE programs subject to Davis-Bacon 

Act requirements. DOE will ask each of 

these entities to report to DOE the 

information it is required to report to 

DOL on a semi-annual (every 6 months) 

basis. DOE must ultimately report all 

this information in a report to DOL, 

including information on the number of 

Davis-Bacon Act compliance and 

enforcement investigations conducted 

and whether violations were found. 

DATES: Comments regarding this 

collection must be received on or before 

January 2, 2015. If you anticipate that 

you will be submitting comments, but 

find it difficult to do so within the 

period of time allowed by this notice, 

please advise the OMB Desk Officer of 

your intention to make a submission as 

soon as possible. The Desk Officer may 

be telephoned at 202–395–4650. 

ADDRESSES: Written comments should 

be sent to the: 

DOE Desk Officer, Office of Information 

and Regulatory Affairs, Office of 

Management and Budget, New 

Executive Office Building, Room 

10102, 735 17th Street NW., 

Washington, DC 20503. 

And to: 

Eva M. Auman, GC–63, U.S. Department 

of Energy, 1000 Independence 

Avenue, SW., Washington, DC 20585, 

Or by fax at 202–586–0971; or by 

email to eva.auman@hq.doe.gov. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the information collection 

instrument and instructions should be 

directed to: 

Eva M. Auman, Attorney-Advisor 

(Labor), GC–63, U.S. Department of 

Energy, 1000 Independence Avenue, 

SW., Washington, DC 20585, or by fax 

at 202–586–0971 or by email to 

eva.auman@hq.doe.gov. 

The current collection instrument is 

available for review at the following 

Web site: http://www.energy.gov/gc/

services/technology-transfer-andprocurement/office-assistant-generalcounsel-labor-and-pension. 

SUPPLEMENTARY INFORMATION: This 

information collection request contains: 

(1) OMB No. 1910–5165; (2) This 

information collection originally 

provided for Recovery Act grantees 

receiving grants from the DOE Office of 

Weatherization and Intergovernmental 

Programs to submit their reports via the 

PAGE System, however, those grants are 

now closed and the PAGE System is no 

longer available; (3) Type of Request: 

Extension; (4) Purpose: To provide the 

information necessary to facilitate DOE 

compliance with a reporting 

requirement placed on all Federal 

agencies administering programs subject 

to the Davis-Bacon Act wage provisions 

found at 29 CFR 5.7(b); (5) Annual 

Estimated Number of Respondents: 75; 

(6) Annual Estimated Number of Total 

Responses: 150; (7) Annual Estimated 

Number of Burden Hours: 2 per 

respondent for total of 300 hours per 

year; (8) Annual Estimated Reporting 

and Recordkeeping Cost Burden: $0.00 

Statutory Authority: 42 U.S.C. 7254, 

7256. 

Issued in Washington, DC on: November 

26, 2014. 

Jean S. Stucky, 

General Counsel for Labor and Pension Law, 

Office of the General Counsel. 

[FR Doc. 2014–28454 Filed 12–2–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings 

Take notice that the Commission has 

received the following Natural Gas 

Pipeline Rate and Refund Report filings: 


tkelley on DSK3SPTVN1PROD with NOTICES