[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Notices]
[Pages 22309-22310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09745]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-886]


Ferrovanadium From the Republic of Korea: Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on an affirmative final determination by the Department 
of Commerce (the Department) and an affirmative final determination by 
the International Trade Commission (the ITC), the Department is issuing 
an antidumping duty order on ferrovanadium from the Republic of Korea 
(Korea).

DATES: Effective May 15, 2017.

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

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on March 23, 
2017, the Department published its final affirmative determination of 
sales at less-than-fair-value (LTFV) with respect to ferrovanadium from 
Korea.\1\ On May 8, 2017, the ITC notified the Department of its final 
affirmative determination that an industry in the United States is 
materially injured within the meaning of section 735(b)(1)(A)(i) of the 
Act, by reason of the LTFV imports of ferrovanadium from Korea.\2\
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    \1\ See Ferrovanadium From the Republic of Korea: Final 
Determination of Sales at Less Than Fair Value, 82 FR 14874 (March 
23, 2017).
    \2\ See Letter to Ronald Lorentzen, Acting Assistant Secretary 
of Commerce for Enforcement and Compliance, from Rhonda K. 
Schmidtlein, Chairman of the U.S. International Trade Commission, 
regarding ferrovanadium from the Republic of Korea (April 08, 2017).
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Scope of the Order

    The product covered by this order 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 order is dispositive.

Antidumping Duty Order

    As stated above, on May 8, 2017, in accordance with section 735(d) 
of the Act, the ITC notified the Department of its final determination 
that the industry in the United States producing ferrovanadium is 
materially injured by reason of the LTFV imports of ferrovanadium from 
Korea.\3\ Therefore, in accordance with section 735(c)(2) of the Act, 
the Department is issuing this

[[Page 22310]]

antidumping duty order. Because the ITC determined that imports of 
ferrovanadium from Korea are materially injuring a U.S. industry, 
unliquidated entries of such merchandise from Korea entered, or 
withdrawn from warehouse, for consumption are subject to the assessment 
of antidumping duties.
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    \3\ Id.
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    As a result of the ITC's final affirmative determination, in 
accordance with section 736(a)(1) of the Act, the Department will 
direct U.S. Customs and Border Protection (CBP) to assess, upon further 
instruction 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 
Korea. Antidumping duties will be assessed on unliquidated entries of 
ferrovanadium from Korea entered, or withdrawn from warehouse, for 
consumption on or after November 1, 2016, the date of publication of 
the Preliminary Determination,\4\ but will not include entries 
occurring after the expiration of the provisional measures period and 
before publication of the ITC's final injury determination as further 
described below.
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    \4\ See 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, 81 FR 75806 (November 1, 2016) (``Preliminary 
Determination'').
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct CBP to continue to suspend liquidation on all relevant 
entries of ferrovanadium from Korea. These instructions suspending 
liquidation will remain in effect until further notice.
    The Department will also instruct CBP to require cash deposits 
equal to the estimated weighted-average dumping margins indicated 
below. Accordingly, effective on the date of publication of the ITC's 
final affirmative injury determination, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
subject merchandise, a cash deposit equal to the estimated weighted-
average antidumping duty margins listed below.\5\ The all-others rate 
applies to all producers or exporters not specifically listed.
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    \5\ See Section 736(a)(3) of the Act.
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of an exporter accounting for a significant 
proportion of ferrovanadium from Korea, the Department extended the 
four-month period to six months.\6\ The Department published the 
Preliminary Determination in this investigation on November 1, 2016. 
Therefore, the extended period, beginning on the date of publication of 
the Preliminary Determination, ended on April 29, 2017. Furthermore, 
section 737(b) of the Act states that definitive duties are to begin on 
the date of publication of the ITC's final injury determination.
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    \6\ See Preliminary Determination.
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    Therefore, in accordance with section 733(d) of the Act and our 
practice, the Department will instruct CBP to terminate the suspension 
of liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of ferrovanadium from Korea entered, or withdrawn 
from warehouse, for consumption after April 29, 2017, the date on which 
the provisional measures expired, until and through the day preceding 
the date of publication of the ITC's final injury determination in the 
Federal Register. Suspension of liquidation will resume on the date of 
publication of the ITC's final determination in the Federal Register.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average antidumping duty margins are as 
follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/Producer                         dumping
                                                                margins
                                                               (percent)
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Korvan Ind. Co., Ltd........................................        3.22
Fortune Metallurgical Group Co., Ltd........................       54.69
Woojin Ind. Co., Ltd........................................       54.69
All-Others..................................................        3.22
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Notification to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
ferrovanadium from Korea pursuant to section 736(a) of the Act. 
Interested parties can find a list of antidumping duty orders currently 
in effect at http://enforcement.trade.gov/stats/iastats1.html.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: May 9, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2017-09745 Filed 5-12-17; 8:45 am]
 BILLING CODE 3510-DS-P