[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77609-77610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30271]


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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: Continuation of Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (``Department'') and the International Trade Commission 
(``ITC'') that revocation of the existing antidumping duty (``AD'') 
orders on ferrovanadium from the People's Republic of China (``PRC'') 
and the Republic of South Africa (``South Africa'') would likely lead 
to continuation or recurrence of dumping and material injury to an 
industry in the United States within a reasonably foreseeable time, the 
Department is publishing this notice of continuation of the AD orders.

EFFECTIVE DATE: December 19, 2008.

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

SUPPLEMENTARY INFORMATION:

Background

    On December 3, 2007, the Department initiated sunset reviews of the 
AD orders on ferrovanadium from the PRC and 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); 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); Notice of Antidumping Duty Order: Ferrovanadium from the 
Republic of South Africa, 68 FR 4169 (January 28, 2003). As a result of 
its reviews, the Department found that revocation of these AD orders 
would likely lead to continuation or recurrence of dumping and notified 
the ITC of the margins likely to prevail were the orders revoked. See 
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, 73 FR 19192

[[Page 77610]]

(April 9, 2008). On November 13, 2008, the ITC determined, pursuant to 
section 751(c) of the Act, that revocation of the AD orders on 
ferrovanadium from the PRC and South Africa would likely lead to 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time. See Ferrovanadium 
From China and South Africa, 73 FR 72837 (December 1, 2008), and ITC 
Publication 4046, Investigation Nos. 731-TA-986 and 987 (Review) 
(November 2008).

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, 8112.92.0600, 8112.92.7000 and 8112.99.2000 are 
specifically excluded.\1\ 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.
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    \1\ In 2007, the HTSUS classifications of merchandise excluded 
from the scope changed from 8112.40.3000 to 8112.92.0600, and from 
8112.40.6000 to 8112.92.7000 and 8112.99.2000. See Harmonized Tariff 
Schedule of the United States (2007) (Rev. 1), available at http://www.usitc.gov.
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Continuation of Order

    As a result of the determinations by the Department and the ITC 
that revocation of the AD orders on ferrovanadium from the PRC and 
South Africa would likely lead to continuation or recurrence of dumping 
and material injury to an industry in the United States, pursuant to 
section 751(d)(2) of the Act, the Department hereby orders the 
continuation of the AD orders on ferrovanadium from the PRC and South 
Africa. U.S. Customs and Border Protection will continue to collect AD 
cash deposits at the rates in effect at the time of entry for all 
imports of subject merchandise. This review covers imports from all 
manufacturers and exporters of ferrovanadium from the PRC and South 
Africa.
    The effective date of continuation of these AD orders will be the 
date of publication in the Federal Register of this notice. Pursuant to 
section 751(c)(2) of the Act, the Department intends to initiate the 
next five-year review of these orders not later than November 2013.
    These five-year (``sunset'') reviews and notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act.

    Dated: December 12, 2008.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Antidumping and Countervailing Duty 
Operations.
[FR Doc. E8-30271 Filed 12-18-08; 8:45 am]
Billing Code: 3510-DS-S