[Federal Register Volume 67, Number 230 (Friday, November 29, 2002)]
[Notices]
[Pages 71136-71137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30305]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-791-815]


Notice of Final Determination of Sales at Less Than Fair Value: 
Ferrovanadium from the Republic of South Africa

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

ACTION: Notice of Final Determination of Sales at Less Than Fair Value.

-----------------------------------------------------------------------

EFFECTIVE DATE: November 29, 2002.

FOR FURTHER INFORMATION CONTACT: Crystal Crittenden or Mark Manning at 
(202) 482-0989 or (202) 482-5253, respectively; AD/CVD Enforcement, 
Office IV, Group II, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.

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, as amended (the 
Act), by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department of Commerce's (the 
Department's) regulations refer to the regulations codified at 19 CFR 
part 351 (April 2002).

Final Determination

    We determine that ferrovanadium from the Republic of South Africa 
(South Africa) is being sold, or is likely to be sold, in the United 
States at less than fair value (LTFV), as provided in section 735 of 
the Act. The estimated margins of sales at LTFV are shown in the Final 
Determination of Investigation section of this notice.

Background

    On June 25, 2002, the Department preliminarily determined that 
imports of ferrovanadium from South Africa are being, or are likely to 
be, sold in the United States at LTFV, as provided in section 733 of 
the Act. See Notice of Preliminary Determination of Sales at Less Than 
Fair Value and Postponement of Final Determination: Ferrovanadium from 
the Republic of South Africa, 67 FR 45083 (July 8, 2002) (Preliminary 
Determination). Since the preliminary determination, the following 
events have occurred.
    On July 9, 2002, one of the respondents, Xstrata South Africa 
(Proprietary) Limited (Xstrata), timely filed an allegation that the 
Department made several ministerial errors in its preliminary 
determination. In addition, during July 2002, Xstrata and Highveld 
Steel and Vanadium Corporation, Ltd. (Highveld), the other respondent 
in this investigation, separately submitted letters refusing to allow 
the Department to verify their responses. On September 12, 2002, the 
Department found that the preliminary determination contained certain 
ministerial errors. See Notice of Amended Preliminary Determination of 
Sales at Less Than Fair Value; Ferrovanadium from the Republic of South 
Africa, 67 FR 59050 (September 19, 2002). The petitioners\1\ filed 
their case brief on September 26, 2002. The respondents did not file 
case or rebuttal briefs.
---------------------------------------------------------------------------

    \1\ The petitioners in this case are The Ferroalloys Association 
Vanadium Committee (TFA Vanadium Committee) and its members: Bear 
Metallurgical Company, Shieldalloy Metallurgical Corporation, Gulf 
Chemical & Metallurgical Corporation, U.S. Vanadium Corporation, and 
CS Metals of Louisiana LLC.
---------------------------------------------------------------------------

Scope of The Investigation

    The scope of this investigation covers all ferrovanadium regardless 
of grade, chemistry, form, shape, or size. Ferrovanadium is an alloy of 
iron and vanadium that is used chiefly as an additive in the 
manufacture of steel. The merchandise is commercially and 
scientifically identified as vanadium. It specifically excludes 
vanadium additives other than ferrovanadium, such as nitride vanadium, 
vanadium-aluminum master alloys, vanadium chemicals, vanadium oxides, 
vanadium waste and scrap, and vanadium-bearing raw materials such as 
slag, boiler residues and fly ash. Merchandise under the following 
Harmonized Tariff Schedule of the United States (HTSUS) item numbers 
2850.00.2000, 8112.40.3000, and 8112.40.6000 are specifically excluded. 
Ferrovanadium is classified under HTSUS item number 7202.92.00. 
Although the HTSUS item number is provided for convenience and Customs 
purposes, the Department's written description of the scope of this 
proceeding remains dispositive.

Period of Investigation (POI)

    The POI is October 1, 2000, through September 30, 2001.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this proceeding and to which we have responded are listed in the 
Appendix to this notice and addressed in the Memorandum from Bernard T. 
Carreau to Faryar Shirzad, Issues and Decision Memorandum for the 
Antidumping Duty Investigation of Ferrovanadium from the Republic of 
South Africa, (Decision Memorandum), dated concurrently with this 
notice, which is hereby adopted by this notice. Parties can find a 
complete discussion of the issues raised in this proceeding and the 
corresponding recommendations in this public memorandum which is on 
file in the Central Records Unit (CRU), room B-099, of the main 
Department building. In addition, a complete version of the Decision 
Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov. The paper copy and electronic version of the Decision 
Memorandum are identical in content.

Use of Total Adverse Facts Available

    We have assigned Highveld and Xstrata a margin based upon total 
adverse facts available because they refused to allow the Department to 
verify their responses. We are using as total adverse facts available 
the initiation rate of 116.00 percent, which is based on information 
contained in the petition. For a discussion of our application of total 
adverse facts available, see the Decision Memorandum which is on file 
in the CRU. In addition, see the Memorandum from Mark Manning to Holly 
A. Kuga regarding corroboration of secondary information used as total 
adverse facts available, dated concurrently with this notice.

[[Page 71137]]

Changes Since the Preliminary Determination

    The Department was unable to verify the information placed on the 
record of this investigation by the respondents because they did not 
allow the Department to conduct sales and cost verifications. 
Therefore, rather than using the reported information which we could 
not verify to calculate margins for the respondents, as was done in the 
preliminary determination, we are basing the dumping margin for 
Highveld and Xstrata upon total adverse facts available.

All Others Rate

    Section 735(c)(5)(B) of the Act provides that, where the estimated 
weighted-average dumping margins established for all exporters and 
producers individually investigated are zero or de minimis margins, or 
are determined entirely under section 776 of the Act, the Department 
may use any reasonable method to establish the estimated ``all others'' 
rate for exporters and producers not individually investigated. This 
provision contemplates that the Department may weight-average margins 
other than the zero, de minimis, or facts available margins to 
establish the ``all others'' rate. When the data do not permit weight-
averaging such other margins, the Statement of Administrative Action 
(SAA) provides that the Department may use any other reasonable 
methods. See the SAA accompanying the URAA, H.R. Rep. No. 103-316 at 
873 (1994). Because the petition contained only one estimated dumping 
margin, there are no additional estimated margins available with which 
to create the ``all others'' rate. Therefore, we are using the 
initiation margin of 116 percent as the ``all others'' rate.

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, we are instructing the 
U.S. Customs Service (Customs) to continue to suspend liquidation of 
all entries of ferrovanadium from South Africa that are entered, or 
withdrawn from warehouse, for consumption on or after July 8, 2002 (the 
date of publication of the Preliminary Determination in the Federal 
Register). Customs shall continue to require a cash deposit or the 
posting of a bond equal to the estimated amount by which the normal 
value exceeds the U.S. price as shown below. The suspension of 
liquidation instructions will remain in effect until further notice.

Final Determination of Investigation

    We determine that the following weighted-average percentage margins 
exist for the period October 1, 2000, through September 30, 2001:

------------------------------------------------------------------------
                Manufacturer/exporter                   Margin (percent)
------------------------------------------------------------------------
Highveld Steel and...................................             116.00
Vanadium Corporation, Ltd............................
Xstrata South Africa (Proprietary) Limited...........             116.00
All Others...........................................             116.00
------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our determination. As our final 
determination is affirmative, the ITC will determine, within 45 days, 
whether these imports are causing material injury, or threat of 
material injury, to an industry in the United States. If the ITC 
determines that material injury, or threat of injury, does not exist, 
the proceeding will be terminated and all securities posted will be 
refunded or canceled. If the ITC determines that such injury does 
exist, the Department will issue an antidumping order directing Customs 
officials to assess antidumping duties on all imports of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the effective date of the suspension of liquidation.

Notification Regarding Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to APO of 
their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 351.305. 
Timely notification of return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: November 20, 2002.
Bernard Carreau,
Acting Assistant Secretary for Import Administration.

Appendix Issues in Decision Memorandum

1. Application of Total Adverse Facts Available new file.
[FR Doc. 02-30305 Filed 11-27-02; 8:45 am]
BILLING CODE 3510-DS-S