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Russia and Poland GOES: Prelim AD Cash Deposit Rates Take Effect; Retroactive 90 Days

The Commerce Department made a preliminary affirmative antidumping determination that grain-oriented electrical steel (GOES) from Russia (A-821-821) and Poland (A-455-804) is being sold in the U.S. at less than fair value. Due to a finding of "critical circumstances," the agency will impose retroactive AD duty cash requirements on entries of GOES from the Russia and Poland effective Feb. 11.

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Amended Scope Has New Exception to AD Duties

In response to comments from parties to the investigation, Commerce added the following language to the scope of AD duties on GOES to exclude some cut-to-shape products:

"Excluded 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 HTSUS as a transformer part (i.e., laminations)."

Commerce Finds Critical Circumstances; Cash Deposits Retroactive 90 Days

Commerce made a finding that Russian and Polish companies increased their GOES exports to the U.S. in the run up to the preliminary determination, in an attempt to get in as much product as possible before the imposition of AD duties. This "critical circumstances" finding by the agency allows it to retroactively suspend liquidation for all Russian and Polish companies back to 90 days before the preliminary determination, i.e. Feb. 11.

AD Suspension of Liquidation and Cash Deposit Requirements

Commerce will instruct CBP to suspend liquidation for all entries of subject merchandise from Russia and Poland that are entered, or withdrawn from warehouse, for consumption on or after Feb. 11. The preliminary AD cash deposit rates for Russian companies are as follows:

Manufacturer/ExporterAD Rate
OJSC Novolipetsk Steel/VIZ-Steel LLC119.88%
All Others68.98%

Preliminary AD duty cash deposit rates for Polish companies are as follows:

Manufacturer/ExporterAD Rate
Stalprodukt S.A.99.51%
All Others78.1%

(The period of investigation is 07/01/12 - 06/30/13. See Commerce's notice for more information, including the scope, suspension of liquidation, detailed cash deposit instructions, etc. See 13103020 for summary of initiation of this investigation, and 13091909 for the underlying petition.)

AD/CVD Operations contact -- Alan Ray (202) 482-5403

(Federal Register 05/09/14)