[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Notices]
[Pages 75806-75808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26363]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-886]


Ferrovanadium From the Republic of Korea: Affirmative Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination and Extension of Provisional Measures

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') preliminarily 
determines that imports of ferrovanadium from the Republic of Korea 
(``Korea'') are being, or are likely to be, sold in the United States 
at less than fair value (``LTFV''). The period of investigation 
(``POI'') is January 1, 2015, through December 31, 2015. The estimated 
weighted-average dumping margins of sales at LTFV are shown in the 
``Preliminary Determination'' section of this notice. Interested 
parties are invited to comment on this preliminary determination.

DATES: Effective November 1, 2016.

FOR FURTHER INFORMATION CONTACT: Karine Gziryan at (202) 482-4081 or 
Eli Lovely at (202) 482-1593; AD/CVD Operations, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the notice of initiation of this 
investigation on April 18, 2016.\1\ For a complete description of the 
events that followed the initiation of this investigation, see the 
Preliminary Decision Memorandum that is dated concurrently with this 
determination and is hereby adopted by this notice.\2\ A list of topics 
included in the Preliminary Decision Memorandum is included as Appendix 
II to this notice. The Preliminary Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``ACCESS''). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be found at 
http://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content.
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    \1\ See Ferrovanadium from the Republic of Korea: Initiation of 
Less-Than-Fair-Value Investigation, 81 FR 24059 (April 18, 2016) 
(``Initiation Notice'').
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance ``Decision Memorandum for the Preliminary Determination 
in the Less-Than-Fair Value Investigation of Ferrovanadium from the 
Republic of Korea'' (``Preliminary Decision Memorandum''), dated 
concurrently with this notice.
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Scope of the Investigation

    The product covered by this investigation is ferrovanadium from 
Korea. For a full description of the scope of this investigation, see 
the ``Scope of the Investigation,'' in Appendix I of this notice.

Scope Comments

    The Initiation Notice set aside a period of time for parties to 
raise issues regarding product coverage (i.e., ``scope'').\3\ No 
interested parties commented on the scope of the investigation, as it 
appeared in the Initiation Notice.
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    \3\ See Initiation Notice, 81 FR 24060.
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Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Tariff Act of 1930 (``the Act''). For, Korvan, 
export prices have been calculated in accordance with section 772(a) of 
the Act. Normal value (``NV'') has been calculated in accordance with 
section 773 of the Act. The other two mandatory respondents in this 
investigation,\4\ Woojin and Fortune, failed to respond to the 
Department's questionnaire or otherwise participate in the 
investigation. Thus, we preliminarily determine to apply facts 
otherwise available with an adverse inference to these respondents 
pursuant

[[Page 75807]]

to sections 776(a) and (b) of the Act. For a full description of the 
methodology underlying our preliminary determination, see the 
Preliminary Decision Memorandum.
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    \4\ Korvan Ind. Co., Ltd. (``Korvan''), Woojin Ind. Co., Ltd. 
(``Woojin''), and Fortune Metallurgical Group Co., Ltd. 
(``Fortune'') are the mandatory respondents in this investigation.
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All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be equal to the weighted average of the estimated 
weighted-average dumping margins established for exporters and 
producers individually investigated, excluding any zero and de minimis 
dumping margins, and any dumping margins determined entirely under 
section 776 of the Act. Korvan is the only participating mandatory 
respondent in this investigation. The Department calculated a company-
specific dumping margin for Korvan which is not zero, de minimis or 
based entirely on facts available. Therefore, for purposes of 
determining the ``all-others'' rate and pursuant to section 
735(c)(5)(A) of the Act, we are assigning the weighted-average dumping 
margin calculated for Korvan to all other producers and exporters of 
the merchandise under consideration.

Preliminary Determination

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

 
------------------------------------------------------------------------
                                                             Weighted-
                    Exporter/Producer                         average
                                                             margin  %
------------------------------------------------------------------------
Fortune Metallurgical Group Co., Ltd....................           54.69
Korvan Ind. Co., Ltd....................................            4.48
Woojin Ind. Co., Ltd....................................           54.69
All-Others..............................................            4.48
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we will direct 
U.S. Customs and Border Protection (``CBP'') to suspend liquidation of 
all entries of ferrovanadium from the Republic of Korea, as described 
in the scope of the investigation, that are entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. These suspension of liquidation 
instructions will remain in effect until further notice.
    Pursuant to section 733(d) of the Act and 19 CFR 351.205(d), we 
will instruct CBP to require cash deposits equal to the weighted-
average amount by which the NV exceeds U.S. price, as indicated in the 
table above, as follows: (1) The cash deposit for the mandatory 
respondents listed above will be the respondent-specific weighted-
average dumping margin listed for the respondent in the table above; 
(2) if the exporter is not a mandatory respondent identified above, but 
the producer is, the cash deposit rate will be the weighted-average 
dumping margin established for the producer of the subject merchandise; 
and (3) the rate for all other producers or exporters will be the all 
others rate listed in the table above.\5\
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    \5\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
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Disclosure and Public Comment

    We intend to disclose the calculations that we performed in this 
investigation to interested parties in this proceeding within five days 
after the date of public announcement of the preliminary determination 
in accordance with 19 CFR 351.224(b). Interested parties are invited to 
comment on this preliminary determination. Case briefs or other written 
comments may be submitted to the Assistant Secretary for Enforcement 
and Compliance no later than seven days after the date on which the 
final verification report is issued in this proceeding, and rebuttal 
briefs, limited to issues raised in case briefs, may be submitted no 
later than five days after the deadline for case briefs.\6\ Pursuant to 
19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities. All documents must be filed 
electronically by the due date using ACCESS.
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    \6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request for a hearing to the 
Assistant Secretary for Enforcement and Compliance, U.S. Department of 
Commerce. An electronically-filed request for a hearing must be 
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern 
Time, within 30 days after the date of publication of this notice.\7\ 
Hearing requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230, at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
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    \7\ See 19 CFR 351.310(c).
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Verification

    As provided in section 782(i) of the Act, we intend to verify the 
information that will be relied upon in making our final determination.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
petitioners. 19 CFR 351.210(e)(2) requires that requests by respondents 
for postponement of a final antidumping determination be accompanied by 
a request for extension of provisional measures from a four-month 
period to a period not more than six months in duration.
    On September 23, 2016, pursuant to 19 CFR 351.210(e) and (e)(2), 
Korvan requested that the Department postpone the final determination 
and that provisional measures be extended to a period not to exceed six 
months.\8\ Therefore, in accordance with section 735(a)(2)(A) of the 
Act and 19 CFR 351.210(b)(2)(ii), because: (1) Our preliminary 
determination is affirmative; (2) the requesting exporter accounts for 
a significant proportion of exports of the subject merchandise; and (3) 
no compelling reasons for denial exist, we are postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, we will 
make our final determination no later than 135 days after the date of 
publication of this preliminary determination, pursuant to section 
735(a)(2) of the Act.\9\
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    \8\ See Letter to the Secretary of Commerce from Korvan 
``Ferrovanadium from the Republic of Korea: Korvan's Request to 
Extend the Final Determination,'' dated September 23, 2016.
    \9\ See also 19 CFR 351.210(e).
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International Trade Commission (``ITC'') Notification

    In accordance with section 733(f) of the Act, we will notify the 
ITC of our affirmative preliminary determination of

[[Page 75808]]

sales at LTFV. If our final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after our final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: October 25, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The product covered by this investigation is all ferrovanadium 
regardless of grade (i.e., percentage of contained vanadium), 
chemistry, form, shape, or size. Ferrovanadium is an alloy of iron 
and vanadium. Ferrovanadium is classified under Harmonized Tariff 
Schedule of the United States (HTSUS) item number 7202.92.0000. 
Although this HTSUS item number is provided for convenience and 
Customs purposes, the written description of the scope of the 
investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum:

I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Preliminary Determination
V. Postponement of Final Determination and Extension of Provisional 
Measures
VI. Scope of the Investigation
VII. Scope Comments
VIII. Selection of Respondents
IX. Discussion of Methodology
    A. Application of Facts Available
    B. Corroboration of Secondary Information
    C. All Others Rate
    D. Fair Value Comparisons
    1. Determination of the Comparison Method
    2. Results of the Differential Pricing Analysis
    E. Date of Sale
    F. U.S. Price
    G. Normal Value
    1. Comparison-Market Viability
    2. Level of Trade
    3. Calculation of Normal Value Based on Comparison Market Prices
    4. Calculation of NV Based on CV
    H. Cost of Production
    1. Cost Averaging Methodology
    a. Significance of Cost Changes
    b. Linkage Between Sales and Cost Sales Information
    2. Calculation of COP
    3. Test of Comparison Market Sales Prices
    4. Results of the COP Test
X. Currency Conversion
XI. Verification
XII. Recommendation

[FR Doc. 2016-26363 Filed 10-31-16; 8:45 am]
 BILLING CODE 3510-DS-P