[Federal Register Volume 85, Number 56 (Monday, March 23, 2020)]
[Notices]
[Pages 16326-16328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06055]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-886]


Ferrovanadium From the Republic of Korea: Preliminary Results of 
Antidumping Duty Administrative Review and Preliminary Determination of 
No Shipments in Part; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) has preliminarily 
determined that two of the three respondents in this administrative 
review (AR) of the antidumping duty (AD) order on ferrovanadium from 
the Republic of Korea (Korea), Korvan Ind, Co., Ltd. (Korvan) and 
Woojin Ind. Co., Ltd. (Woojin), made no shipments of subject 
merchandise to the United States during the period of review (POR), May 
1, 2018 through April 30, 2019. Commerce has preliminarily assigned the 
third respondent, Fortune Metallurgical Group Co., Ltd. (Fortune), an 
AD margin based upon the application of total adverse facts available. 
We invite interested parties to comment on these preliminary results.

DATES: Applicable March 23, 2020.

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

SUPPLEMENTARY INFORMATION: 

Background

    On May 1, 2019, Commerce notified interested parties of the 
opportunity to request an AR of orders, findings, or suspended 
investigations with anniversaries in May 2019, including the AD order 
on ferrovanadium from Korea.\1\ Commerce received a request from AMG 
Vanadium LLC (the petitioner), to conduct an AR of the AD order on 
ferrovanadium from Korea with respect to Korvan, Woojin, and 
Fortune.\2\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 84 FR 18479 (May 1, 2019).
    \2\ See Petitioner's Letter, ``Ferrovanadium from the Republic 
of Korea: Request For Administrative Review,'' dated May 31, 2019.
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    After initiating this review with respect to Korvan, Woojin, and 
Fortune, on July 25, 2019, Commerce issued an antidumping duty 
questionnaire to each of these companies.\3\ Korvan and Woojin 
submitted no shipments letters.\4\ Fortune did not respond to the 
questionnaire.
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    \3\ See Commerce Letters to Korvan, Woojin, and Fortune with the 
AD Questionnaire attached dated July 25, 2019.
    \4\ See Woojin's Letter, ``Ferrovanadium from the Republic of 
Korea: Statement of No Shipments'' dated August 12, 2019; see also 
Korvan's Submission dated August 16, 2019 (which is a corrected 
version of an August 8, 2019, submission that Commerce rejected due 
to filing deficiencies).
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    On January 22, 2020, Commerce extended the due date for issuing the 
preliminary results of this review until March 6, 2020.\5\
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    \5\ See Memorandum, ``Ferrovanadium from the Republic of Korea: 
Extension of Deadline for Preliminary Results of Antidumping Duty 
Administrative Review,'' dated January 22, 2020.
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    For a complete description of the events that followed the 
initiation of this AR, see the Preliminary Decision Memorandum which is 
hereby adopted by this notice.\6\
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results in the Antidumping Duty Administrative Review of 
Ferrovanadium from the Republic of Korea; 2018-2019,'' dated 
concurrently, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The product covered by this review is ferrovanadium from Korea. For 
a full description of the scope see the Preliminary Decision 
Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum. A list of the topics included in the 
Preliminary Decision Memorandum is included as an appendix to this 
notice. The Preliminary Decision Memorandum is a public document and is 
made available to the public 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 it is available to all parties in the Central 
Records Unit, Room B8024 of the main Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum is available at

[[Page 16327]]

http://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content.

Preliminary Determination of No Shipments

    Commerce preliminarily determines that Korvan and Woojin, each of 
which claimed to have made no shipments of subject merchandise to the 
United States during the POR, did not have any shipments during the 
POR. For details regarding this determination, see the Preliminary 
Decision Memorandum. Consistent with Commerce's practice, we are not 
rescinding this AR with respect to these two companies, but we intend 
to complete the review and issue appropriate instructions to CBP based 
on the final results of the review.\7\
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    \7\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306 
(August 28, 2014).
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Adverse Facts Available

    Pursuant to sections 776(a) and (b) of the Act, Commerce has 
preliminarily assigned Fortune an AD margin of 54.69 percent, as AFA, 
because it did not respond to Commerce's AD questionnaire. For details 
regarding this determination, see the Preliminary Decision Memorandum.

Preliminary Results of Review

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margin exists:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                 margin
                                                               (percent)
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Fortune Metallurgical Group Co., Ltd.........................      54.69
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Assessment Rates

    Upon issuance of the final results of review, Commerce will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\8\ The final results of this AR shall be the basis for the 
assessment of antidumping duties on entries of merchandise under review 
and for future deposits of estimated duties, where applicable.\9\ We 
intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review. Pursuant to Commerce's 
practice, if we continue to determine that Korvan and Woojin made no 
sales or shipments of subject merchandise to the United States during 
the POR, any suspended entries of subject merchandise during the POR 
under their case numbers will be liquidated at the all-others rate.
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    \8\ See 19 CFR 351.212(b).
    \9\ See section 751(a)(2)(C) of the Act.
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Cash Deposits

    The following cash deposit requirements for estimated antidumping 
duties will be effective upon publication of the notice of final 
results of this review for all shipments of ferrovanadium from Korea 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the notice as provided by section 751(a)(2)(C) 
of the Act: (1) The cash deposit rate for Fortune will be equal to the 
weighted-average dumping margin for Fortune established in the final 
results of the review; (2) for merchandise exported by companies not 
covered in this review but covered in a prior segment of this 
proceeding, the cash deposit rate will continue to be the company-
specific rate established for the most recently completed segment of 
the proceeding; (3) if the exporter is not a firm covered in this 
review, in a prior review, or in the investigation in this proceeding 
but the producer is, then the cash deposit rate will be the rate 
established for the producer of the merchandise in the most recently 
completed segment of the proceeding; and (4) the cash deposit rate for 
all other producers or exporters will continue to be 3.22 percent, the 
all-others rate established in the less-than-fair-value 
investigation.\10\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \10\ See Ferrovanadium From the Republic of Korea: Final 
Determination of Sales at Less Than Fair Value, 82 FR 14874 (March 
23, 2017).
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Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to the Assistant Secretary for Enforcement and Compliance not 
later than 30 days after the date of publication of this notice, unless 
the Secretary alters the time limit. Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed not later than five days after 
the date for filing case briefs.\11\ Interested parties who submit case 
briefs or rebuttal briefs in this AR 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.\12\
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    \11\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general 
filing requirements).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
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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, filed 
electronically via ACCESS, to the Assistant Secretary for Enforcement 
and Compliance within 30 days after the date of publication of this 
notice.\13\ An electronically filed document must be received 
successfully in its entirety by Commerce's electronic records system, 
ACCESS, by 5:00 p.m. Eastern Time on the due date. Hearing requests 
should contain: (1) The requestor's name, address and telephone number; 
(2) the number of persons from the requestor that will participate in 
the hearing; and (3) a list of issues the requestor will discuss at the 
hearing. Issues raised in the hearing will be limited to those issues 
raised in case briefs. Commerce intends to issue the final results of 
this AR, including the results of its analysis of the issues raised in 
any written briefs, not later than 120 days after the date of 
publication of these preliminary results of review in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act, unless extended.
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    \13\ See 19 CFR 351.310(c).
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this period of review. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    Commerce is issuing and publishing these results of review in 
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 
351.221(b)(4).

    Dated: March 4, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments

[[Page 16328]]

V. Application of Facts Available and Adverse Inferences
VI. Recommendation

[FR Doc. 2020-06055 Filed 3-20-20; 8:45 am]
 BILLING CODE 3510-DS-P