[Federal Register Volume 67, Number 79 (Wednesday, April 24, 2002)]
[Notices]
[Pages 20089-20090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10067]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-873, A-791-815]


Ferrovanadium from the People's Republic of China and the 
Republic of South Africa: Notice of Postponement of Preliminary 
Antidumping Duty Determinations

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Postponement of Preliminary Antidumping Duty 
Determinations.

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EFFECTIVE DATE: April 24, 2002.

FOR FURTHER INFORMATION CONTACT: Mark Manning or Chris Brady, AD/CVD 
Enforcement, Office 4, Group II, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-5253 
or (202) 482-4406, respectively.
SUMMARY: The Department of Commerce (the Department) is postponing the 
preliminary determinations in the antidumping duty investigations of 
ferrovanadium from the People's Republic of China and the Republic of 
South Africa from May 6, 2002, until June 25, 2002. This postponement 
is made pursuant to section 733(c)(1)(B) of the Tariff Act of 1930, as 
amended by the Uruguay Round Agreements Act.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act. In addition, unless otherwise indicated, 
all citations to the Department's regulations are to 19 CFR Part 351 
(2001).

Background

    On December 17, 2001, the Department initiated the above-referenced 
investigations. See Notice of Initiation of Antidumping Duty

[[Page 20090]]

Investigations: Ferrovanadium from the People's Republic of China and 
the Republic of South Africa, 66 FR 66398 (December 26, 2001).

Postponement of Preliminary Determination

    Currently, the preliminary determinations are due no later than May 
6, 2002. However, pursuant to section 733(c)(1)(B) of the Act, we have 
determined that these investigations are ``extraordinarily 
complicated'' and are postponing the preliminary determinations by 50 
days to June 25, 2002. Under section 733(c)(1)(B) of the Act, the 
Department can extend the period for reaching a preliminary 
determination until not later than the 190th day after the date on 
which the administering authority initiates an investigation if:
    (B) The administering authority concludes that the parties 
concerned are cooperating and determines that
    (i) the case is extraordinarily complicated by reason of
     (I) the number and complexity of the transactions to be 
investigated or adjustments to be considered;
     (II) the novelty of the issues presented; or
     (III) the number of firms whose activities must be investigated; 
and
    (ii) additional time is necessary to make the preliminary 
determination.
    The parties concerned are cooperating in these investigations. 
Additional time is necessary, however, to complete the preliminary 
determinations due to the complexity of the transactions to be 
investigated and adjustments to be considered, and the novelty of 
issues presented.
    With respect to the PRC, the Department needs to consider a number 
of complex issues that will impact our selection of the surrogate 
country. Ferrovanadium is produced by only a few countries that are all 
more economically advanced than the PRC, thus complicating our 
evaluation and determination of the appropriate surrogate country. We 
must also determine whether there exists a product that is comparable 
to ferrovanadium and, if so, whether such a product is produced in a 
country that is economically comparable to the PRC.
    In regard to South Africa, on February 21, 2002, the petitioners 
alleged that during the POI Xstrata made sales below the cost of 
production (COP) in Germany, the country from which we will calculate 
normal value. On March 12 and 15, 2002, the petitioners submitted 
addenda to their cost allegation to include price and cost information 
placed on the record by Xstrata in its section A questionnaire 
response. We reviewed this allegation and initiated an investigation of 
sales below COP on March 26, 2002. In addition, Xstrata has a complex 
chain of distribution, involving multiple affiliated companies in South 
Africa, the United States, and Europe, for sales to the U.S. and German 
markets. We issued extensive supplemental questionnaires in order to 
understand the function of these companies in Xstrata's sales process. 
For these reasons, pursuant to section 733(c)(1)(B) of the Act, we are 
postponing the preliminary determinations in these investigations until 
June 25, 2002.
    This notice is issued and published pursuant to section 733(c)(2) 
of the Act and 19 CFR 351.205(f).

    Dated: April 17, 2002
Bernard T. Carreau,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-10067 Filed 4-23-02; 8:45 am]
BILLING CODE 3510-DS-S