[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Notices]
[Pages 26939-26941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10748]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-871]


Grain-Oriented Electrical Steel From the Republic of Korea: 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that grain-oriented electrical steel (GOES) from the 
Republic of Korea is being, or is likely to be, sold in the United 
States at less than fair value (LTFV), as provided in section 733(b) of 
the Tariff Act of 1930, as amended (the Act). The period of 
investigation (POI) is July 1, 2012, through June 30, 2013. The 
estimated weighted-average dumping margins of sales at LTFV are listed 
in the ``Preliminary Determination'' section of this notice. Interested 
parties are invited to comment on this preliminary determination.

DATES: Effective Date: May 12, 2014.

FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6312 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department initiated this investigation on October 24, 2013.\1\ 
For a complete description of the events that followed the initiation 
of this investigation, see the Preliminary Decision Memorandum dated 
concurrently with and hereby adopted by this notice.\2\ The Preliminary 
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, room 7046 of the 
main Department of Commerce building. In addition, a complete version 
of the Preliminary Decision Memorandum can be accessed directly at 
http://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content.
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    \1\ See Grain-Oriented Electrical Steel from the People's 
Republic of China, the Czech Republic, Germany, Japan, the Republic 
of Korea, Poland, and the Russian Federation: Initiation of 
Antidumping Duty Investigations, 78 FR 65283 (October 31, 2013) 
(Initiation Notice). AK Steel Corporation, Allegheny Ludlum, LLC, 
and the United Steelworkers (collectively, the petitioners) filed 
the underlying petitions. Id., at 65283.
    \2\ See memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Gary Taverman, Senior Advisor for 
Antidumping and Countervailing Duty Operations, entitled: ``Decision 
Memorandum for the Preliminary Determination of the Antidumping Duty 
Investigation of Grain-Oriented Electrical Steel from the Republic 
of Korea'' (Preliminary Decision Memorandum).
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Scope of the Investigation

    The scope of the investigation covers grain-oriented electrical 
steel, which is a flat-rolled alloy steel product containing by weight 
specific levels of silicon, carbon, and aluminum. For a complete 
description of the scope of the investigation, see Appendix I to this 
notice.
    Various parties submitted comments on the scope. For discussion of 
these comments, see the Preliminary Decision Memorandum.

Tolling and Postponement of Deadline for Preliminary Determination

    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department exercised its discretion to 
toll deadlines for the duration of the partial closure of the Federal 
Government from October 1, through October 16, 2013. Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days.\3\ If the new deadline falls on a non-business day, in accordance 
with the Department's practice, the deadline will become the next 
business day.\4\
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    \3\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government,'' dated October 18, 2013.
    \4\ See Notice of Clarification: Application of ``Next Business 
Day'' Rule for Administrative Determination Deadlines Pursuant to 
the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
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    On February 10, 2014, the petitioners made a timely request for a 
50-day postponement of the preliminary determinations for this and the 
other concurrent GOES LTFV investigations, pursuant to section 
733(c)(1)(A) of the Act and 19 CFR 351.205(e). On February 20, 2014, we 
postponed the preliminary determinations by 50 days.\5\ As a result of 
the postponement and aforementioned tolling, the revised deadline for 
the preliminary determination of this investigation is now May 2, 2014.
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    \5\ See Grain-Oriented Electrical Steel From the People's 
Republic of China, the Czech Republic, Germany, Japan, the Republic 
of Korea, Poland, and the Russian Federation: Postponement of 
Preliminary Determinations in the Antidumping Duty Investigations, 
79 FR 11082 (February 27, 2014).
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Methodology

    The Department conducted this investigation in accordance with 
section 731 of the Act. Export price (EP) is calculated in accordance 
with section 772 of the Act. Normal value (NV) is calculated in 
accordance with section 773 of the Act. For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum. A list of the topics included in the Preliminary Decision 
Memorandum is included in Appendix II to this notice.

Preliminary Determination

    The preliminary estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                              Estimated
                                                              weighted-
                                                               average
                    Producer or exporter                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
POSCO......................................................         5.34
All Others.................................................         5.34
------------------------------------------------------------------------

Disclosure

    We will disclose the calculations performed to parties in this 
proceeding within five days of the date of publication of this notice 
in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i) of the Act, we intend to verify 
information relied upon in making our final determination.

[[Page 26940]]

Public Comment

    Interested parties are invited to comment on the preliminary 
determination. Interested parties may submit case briefs to the 
Department no later 30 days after the date of publication of the 
preliminary determination.\6\ Rebuttal briefs, the content of which is 
limited to the issues raised in the case briefs, must be filed within 
five days from the deadline date for the submission of case briefs.\7\ 
A list of authorities used, a table of contents, and an executive 
summary of issues should accompany any briefs submitted to the 
Department.\8\ Executive summaries should be limited to five pages 
total, including footnotes. Interested parties who wish to comment on 
the preliminary determination must file briefs electronically using IA 
ACCESS. An electronically-filed document must be received successfully 
in its entirety by IA ACCESS by 5 p.m. Eastern Standard Time on the 
date the document is due.
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    \6\ See 19 CFR 351.309(c)(1)(i).
    \7\ See 19 CFR 351.309(d)(1) and 19 CFR 351.309(d)(2).
    \8\ See 19 CFR 351.309(c)(2).
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    In accordance with section 774 of the Act, the Department will hold 
a hearing, if timely requested, to afford interested parties an 
opportunity to comment on arguments raised in case or rebuttal briefs, 
provided that such a hearing is requested by an interested party.\9\ 
Interested parties who wish to request a hearing, or to participate if 
one is requested, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically using IA ACCESS, as noted above, within 30 days 
after the date of publication of this notice.\10\ Requests should 
contain the following information: (1) The party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of the 
issues to be discussed.\11\ If a request for a hearing is made, we will 
inform parties of the scheduled date and time of the hearing which will 
be held at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230.\12\ Parties should 
confirm by telephone the date, time, and location of the hearing.
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    \9\ See also 19 CFR 351.310.
    \10\ See 19 CFR 351.310(c).
    \11\ Id.
    \12\ See 19 CFR 351.310.
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we will direct 
U.S. Customs and Border Protection (CBP) to suspend liquidation of all 
entries of GOES from the Republic of Korea as described in the scope of 
the investigation section entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice in the 
Federal Register.
    Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to 
require a cash deposit \13\ equal to the preliminary weighted-average 
amount by which NV exceeds U.S. price, as indicated in the chart above, 
as follows: (1) The rate for POSCO will be the estimated weighted-
average dumping margin we determine in this preliminary determination; 
(2) if the exporter is not a firm identified in this investigation, but 
the producer is, then 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 5.34 percent. These suspension of 
liquidation instructions will remain in effect until further notice.
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    \13\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
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Postponement of Final Determination

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
Petitioner. 19 CFR 351.210(e)(2) requires that requests by respondents 
for postponement of a final determination be accompanied by a request 
for extension of provisional measures from a four-month period to a 
period not more than six months in duration.
    Respondent POSCO requested that, in the event of an affirmative 
preliminary determination in this investigation, the Department 
postpone its final determination by 60 days (i.e., to 135 days after 
publication of the preliminary determination), and agreed to extend the 
application of the provisional measures prescribed under section 733(d) 
of the Act and 19 CFR 351.210(e)(2), from a four-month period to a 
period not to exceed six months.\14\ In accordance with section 
735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) our 
preliminary determination is affirmative; (2) the requesting producer 
or exporter accounts for a significant proportion of exports of the 
subject merchandise; and (3) no compelling reasons for denial exist, we 
are postponing the final determination until no later than 135 days 
after the publication of this notice in the Federal Register and 
extending the provisional measures from a four-month period to a period 
not greater than six months. Accordingly, we will issue our final 
determination no later than 135 days after the date of publication of 
this preliminary determination, pursuant to section 735(a)(2) of the 
Act.\15\
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    \14\ See letter from POSCO entitled, ``Antidumping Duty 
Investigation of Grain-Oriented Electrical Steel from the Republic 
of Korea: Postponement Request of Final Determination,'' dated 
February 5, 2014.
    \15\ See 19 CFR 351.210(b)(2) and (e).
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International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, we will notify the 
ITC of our preliminary affirmative determination of sales at LTFV. 
Because the preliminary determination in this proceeding is 
affirmative, section 735(b)(2) of the Act requires that the ITC make 
its final determination as to whether the domestic industry in the 
United States is materially injured, or threatened with material 
injury, by reason of imports of GOES from the Republic of Korea no 
later than 45 days after our final determination.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: May 2, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The scope of this investigation covers grain-oriented silicon 
electrical steel (GOES). GOES is a flat-rolled alloy steel product 
containing by weight at least 0.6 percent but not more than 6 
percent of silicon, not more than 0.08 percent of carbon, not more 
than 1.0 percent of aluminum, and no other element in an amount that 
would give the steel the characteristics of another alloy steel, in 
coils or in straight lengths. The GOES that is subject to this 
investigation is currently classifiable under subheadings 
7225.11.0000, 7226.11.1000, 7226.11.9030, and 7226.11.9060 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this investigation 
is dispositive. Excluded are flat-rolled products not in coils that, 
prior to importation into the United

[[Page 26941]]

States, have been cut to a shape and undergone all punching, 
coating, or other operations necessary for classification in Chapter 
85 of the HTSUS as a transformer part (i.e., laminations).

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Background
3. Period of Investigation
4. Scope of the Investigation
5. Scope Comments
6. Product Comparisons
7. Respondent Selection
8. Discussion of Methodology
    A. Determination of the Comparison Method
    B. Results of the Differential Pricing Analysis
    C. Date of Sale
    D. Export Price
    E. Normal Value
9. Currency Conversion
10. Conclusion

[FR Doc. 2014-10748 Filed 5-9-14; 8:45 am]
BILLING CODE 3510-DS-P