[Federal Register Volume 73, Number 69 (Wednesday, April 9, 2008)]
[Notices]
[Pages 19192-19193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7465]


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

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: Final Results of the Expedited Sunset Reviews 
of the Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 3, 2007, the Department of Commerce 
(``Department'') initiated sunset reviews of the antidumping duty 
orders on ferrovanadium from the People(s Republic of China (``PRC'') 
and the Republic of South Africa (``South Africa''), pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (``Act''). See 
Initiation of Five-year (``Sunset'') Reviews, 72 FR 67890 (December 3, 
2007) (``Sunset Initiations''); see also 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, 68 FR 4168 (January 28, 2003) (``PRC Order''); Notice of 
Antidumping Duty Order: Ferrovanadium from the Republic of South 
Africa, 68 FR 4169 (January 28, 2003) (``South Africa Order''). Based 
on the notices of intent to participate and adequate responses filed by 
the domestic interested parties, and the lack of response from any 
respondent interested party, the Department conducted expedited sunset 
reviews of the PRC Order and South Africa Order pursuant to section 
751(c)(3)(B) of the Act and 19 C.F.R. 351.218(e)(1)(ii)(C)(2). As a 
result of these sunset reviews, the Department finds that revocation of 
either the PRC Order or the South Africa Order would likely lead to 
continuation or recurrence of dumping, at the levels indicated in the 
``Final Results of Sunset Reviews'' section of this notice, infra.

EFFECTIVE DATE: April 9, 2008.

FOR FURTHER INFORMATION CONTACT: Juanita H. Chen; AD/CVD Operations, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: 202-482-1904.

SUPPLEMENTARY INFORMATION:

Background

    On December 3, 2007, the Department initiated sunset reviews of the 
PRC Order and South Africa Order on ferrovanadium pursuant to section 
751(c) of the Act. See Sunset Initiations. On December 18, 2007, the 
Department received timely notices of intent to participate in both 
sunset reviews (as joint submissions) from the Vanadium Producers and 
Reclaimers Association (``VPRA''), and its members Gulf Chemical & 
Metallurgical Corporation (``Gulf''), Gulf(s wholly owned subsidiary 
Bear Metallurgical Company (``Bear Metallurgical''), Metallurg Vanadium 
Corporation (``MVC''), and Strategic Minerals Corporation (on behalf of 
its wholly owned subsidiary, Stratcor, Inc.) (``Stratcor'') 
(collectively ``Domestic Producers''), pursuant to 19 C.F.R. 
351.218(d)(1)(i). In accordance with 19 C.F.R. 351.218(d)(1)(ii)(A), 
VPRA claimed interested party status under section 771(9)(E) of the Act 
as a trade or business association, a majority of whose members produce 
or wholesale a domestic like product in the United States. Gulf, Bear 
Metallurgical, MVC, and Stratcor claimed interested party status under 
section 771(9)(C) of the Act as domestic producers and/or wholesalers 
of subject merchandise.
    On January 2, 2008, Domestic Producers jointly filed substantive 
responses in both sunset reviews, within the 30-day deadline as 
specified in 19 C.F.R. 351.218(d)(3)(i). The Department did not receive 
a substantive response from any respondent interested party in either 
sunset review. As a result, pursuant to section 751(c)(3)(B) of the Act 
and 19 C.F.R. 351.218(e)(1)(ii)(C)(2), the Department conducted 
expedited sunset reviews of the PRC Order and the South Africa Order.

SCOPE OF THE ORDERS

    The scope of the orders 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 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 these 
orders remains dispositive.

ANALYSIS OF COMMENTS RECEIVED

    A complete discussion of all issues raised in these sunset reviews 
is addressed in the accompanying Issues and Decision Memorandum, which 
is hereby adopted by this notice. See ``Issues and Decision Memorandum 
for the Final Results in the Expedited Sunset Reviews of the 
Antidumping Duty Orders on Ferrovanadium from the People(s Republic of 
China and from the Republic of South Africa,'' from Stephen J. Claeys, 
Deputy Assistant Secretary, to David M. Spooner, Assistant Secretary 
for Import Administration, dated April 1, 2008 (``I&D Memo''). The 
issues discussed in the accompanying I&D Memo include the likelihood of 
continuation or recurrence of dumping and the magnitude of the dumping 
margin likely to prevail if either the PRC Order or the South Africa 
Order were revoked. Parties can obtain a public copy of the I&D Memo on 
file in the Central Records Unit, room 1117, of the main Commerce 
building. In addition, a complete public version of the I&D Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper 
copy and electronic version of the I&D Memo are identical in content.

FINAL RESULTS OF SUNSET REVIEWS

    The Department determines that revocation of the PRC Order on 
ferrovanadium would likely lead to continuation or recurrence of 
dumping at the rates listed below:

------------------------------------------------------------------------
                                                       Weighted-Average
          Manufacturers/Exporters/Producers            Margin (Percent)
------------------------------------------------------------------------
Pangang Group International Economic & Trading                    12.97%
 Corporation........................................
PRC-Wide Entity.....................................              66.71%
------------------------------------------------------------------------

    The Department determines that revocation of the South Africa Order 
on ferrovanadium would likely lead to

[[Page 19193]]

continuation or recurrence of dumping at the rates listed below:

------------------------------------------------------------------------
                                                       Weighted-Average
          Manufacturers/Exporters/Producers            Margin (Percent)
------------------------------------------------------------------------
Highveld Steel and Vanadium Corporation, Ltd........             116.00%
Xstrata South Africa (Proprietary) Limited..........             116.00%
All Others..........................................             116.00%
------------------------------------------------------------------------

NOTIFICATION REGARDING ADMINISTRATIVE PROTECTIVE ORDER

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 C.F.R. 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: April 1, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E8-7465 Filed 4-8-08; 8:45 am]
BILLING CODE 3510-DS-S