[Federal Register Volume 68, Number 18 (Tuesday, January 28, 2003)]
[Notices]
[Pages 4167-4169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1900]



[[Page 4168]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-873]


Notice of Amended Final Antidumping Duty Determination of Sales 
at Less Than Fair Value and Antidumping Duty Order: Ferrovanadium From 
the People's Republic of China

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

ACTION: Notice of Amended Final Antidumping Duty Determination of Sales 
at Less Than Fair Value and Antidumping Duty Order.

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SUMMARY: We are amending our final determination (See Notice of Final 
Determination of Sales at Less Than Fair Value: Ferrovanadium from the 
People's Republic of China, 67 FR 71137 (November 29, 2002) (Final 
Determination)) to reflect the correction of certain ministerial 
errors. This correction is in accordance with section 735(e) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.224. The 
period of investigation (POI) covered by this amended final 
determination is April 1, 2001, through September 30, 2001. This notice 
also constitutes the antidumping duty order with respect to 
ferrovanadium from the People's Republic of China (the PRC).

EFFECTIVE DATE: January 28, 2003.

FOR FURTHER INFORMATION CONTACT: Karine Gziryan or Howard Smith; 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-
4081 and (202) 482-5193, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The scope of this order 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. The scope specifically excludes 
vanadium additives other than ferrovanadium, such as nitrided 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 
order remains dispositive.

Amended Final Determination

    On November 29, 2002, in accordance with sections 735(d) and 
777(i)(1) of the Act, the Department published its affirmative final 
determination in this proceeding. See Final Determination, 67 FR 71137. 
Pursuant to 19 CFR 351.224(c), on December 5, 2002, the Department 
received timely filed allegations of ministerial errors in the Final 
Determination from the petitioners\1\ and the respondent, Pangang Group 
International Economic & Trading Corp. (Pangang). The petitioners 
alleged that the Department inadvertently failed to (1) exclude 
aberrational data from the calculation of the surrogate value for 
sulfuric acid, (2) remove all subsidized imports from the import 
statistics used to calculate the surrogate value for wooden boxes, and 
(3) accurately convert the unit of measure for Pangang's consumption of 
nitrogen. Pangang alleged that the Department failed to (1) accurately 
calculate the surrogate value for barium peroxide and (2) calculate 
normal value using the correct consumption quantities for the auxiliary 
materials used to produce FeV[bdi8][bdi0]. On December 10, 2002, 
Pangang filed rebuttal comments in response to the petitioners' 
allegation of ministerial errors.
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    \1\ The petitioners in this proceeding 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.
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    We have reviewed the calculations used in the Final Determination 
and find that there are two errors that constitute ministerial errors 
within the meaning of 19 CFR 351.224(f). For a detailed analysis of the 
ministerial error allegations and the Department's position on each, 
see Memorandum to Faryar Shirzad, Assistant Secretary for Import 
Administration, from Bernard T. Carreau, Deputy Assistant Secretary for 
Import Administration, ``Allegation of Ministerial Errors in the Final 
Determination,'' dated concurrently with this notice. Pursuant to 
section 735(e) of the Act, we have amended the Final Determination and 
corrected the following errors: (1) the calculation of the surrogate 
value for barium peroxide and (2) the auxiliary material consumption 
quantities for FeV[bdi8][bdi0]. Correcting these errors changes 
Pangang's final antidumping duty margin from 13.03 percent to the 
margin listed below. We found the petitioners' allegations to involve 
methodological issues, rather than ministerial errors, and therefore 
have not adjusted Pangang's final antidumping duty margin based on the 
petitioners' allegations.

Antidumping Duty Order

    On January 13, 2003, in accordance with section 735(d) of the Act, 
the International Trade Commission (the Commission) notified the 
Department of its final determination that an industry in the United 
States is materially injured by reason of less-than-fair-value imports 
of subject merchandise from the PRC, pursuant to section 735(b)(1)(A) 
of the Act. Therefore, in accordance with section 736(a)(1) of the Act, 
the Department will direct the U.S. Customs Service to assess, upon 
further advice by the Department, antidumping duties equal to the 
amount by which the normal value of the merchandise exceeds the export 
price of the merchandise for all relevant entries of ferrovanadium from 
the PRC. For all producers and exporters, antidumping duties will be 
assessed on all unliquidated entries of subject merchandise that are 
entered, or withdrawn from warehouse, for consumption on or after July 
8, 2002, the date on which the Department published its notice of 
affirmative preliminary determination in the Federal Register. See 
Notice of Preliminary Determination of Sales at Less Than Fair Value 
and Postponement of Final Determination: Ferrovanadium from the 
People's Republic of China, 67 FR 45088 (July 8, 2002).
    On or after the date of publication of this notice in the Federal 
Register, the U.S. Customs Service must require, at the same time as 
importers would normally deposit estimated duties, cash deposits for 
the subject merchandise equal to the estimated weighted-average dumping 
margins listed below. The ``PRC-Wide'' rate applies to all exporters of 
subject merchandise not specifically listed below.

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                   Manufacturer/exporter                      Margin (%)
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Pangang Group International Economic & Trading Corporation.        12.97
PRC-Wide Rate..............................................        66.71
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[[Page 4169]]

    This notice constitutes the antidumping duty order with respect to 
ferrovanadium from the PRC. Interested parties may contact the 
Department's Central Records Unit, Room B-099 of the main Commerce 
building, for copies of an updated list of antidumping duty orders 
currently in effect.
    This order is issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211.

    Dated: January 21, 2003.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 03-1900 Filed 1-27-03; 8:45 am]
BILLING CODE 3510-DS-S