[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Notices]
[Pages 26667-26668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09582]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-791-815, A-570-873]


Ferrovanadium From the Republic of South Africa and the People's 
Republic of China: Final Results of the Expedited Third Sunset Reviews 
of the Antidumping Duty Orders

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

SUMMARY: As a result of these expedited sunset reviews, Commerce finds 
that revocation of the antidumping duty (AD) orders would be likely to 
lead to the continuation or recurrence of dumping at the levels 
indicated in the ``Final Results of Review'' section of this notice.

DATES: Applicable May 5, 2020.

FOR FURTHER INFORMATION CONTACT: Ian Hamilton AD/CVD Operations, Office 
II, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-4798.

SUPPLEMENTARY INFORMATION: 

Background

    On January 2, 2020, Commerce published the notice of initiation of 
the third sunset review of the AD orders on ferrovanadium from the 
Republic of South Africa (South Africa) and the People's Republic of 
China (China) \1\ pursuant to section 751(c) of the Tariff Act of 1930, 
as amended (the Act).\2\ On January 17, 2020, Commerce received notices 
of intent to participate from the Vanadium Producers and Reclaimers 
Association (VPRA) and its individual members--AMG Vanadium LLC (AMG 
V), Evergreen Metallurgical LLC, d.b.a. Bear Metallurgical Company 
(Bear), and U.S. Vanadium, LLC (U.S. Vanadium), within the 15-day 
deadline specified in 19 CFR 351.218(d)(1)(i).\3\ VPRA claimed 
interested party status under section 771(9)(E) of the Act as a trade 
or business association a majority of whose members manufacture, 
produce, or wholesale a domestic like product in the United States.
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    \1\ See Notice of Antidumping Duty Order: Ferrovanadium from the 
Republic of South Africa, 68 FR 4169 (January 28, 2003); 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).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 67 
(January 2, 2020).
    \3\ See VPRA's Letter, ``Ferrovanadium from South Africa: Notice 
of Intent to Participate,'' dated January 17, 2020; see also VPRA's 
Letter, ``Ferrovanadium from the People's Republic of China: Notice 
of Intent to Participate,'' dated January 17, 2020. VPRA indicated 
that AMG V and Bear are producers of a domestic like product, 
ferrovanadium, in the United States and wholesalers of domestically-
produced ferrovanadium in the United States, and that U.S. Vanadium 
has periodically been a wholesaler of domestically produced 
ferrovanadium in the United States.
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    On January 27, 2020, Commerce received adequate substantive 
responses to the notice of initiation from VPRA within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i).\4\ We received no 
substantive responses from respondent interested parties with respect 
to either of the orders covered by these sunset reviews.
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    \4\ See VPRA's Letter, ``Ferrovanadium from the Republic of 
South Africa: Substantive Response to the Notice of Initiation,'' 
dated January 27, 2020; see also VPRA's Letter, ``Ferrovanadium from 
the People's Republic of China: Substantive Response to the Notice 
of Initiation,'' dated January 27, 2020.
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    On February 25, 2020, Commerce notified the U.S. International 
Trade Commission that it did not receive an adequate substantive 
response from respondent interested parties.\5\ As a result, pursuant 
to 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted expedited (120-day) sunset reviews of the AD orders on 
ferrovanadium from South Africa and China.
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    \5\ See Commerce's Letter, ``Sunset Review {sic{time}  Initiated 
on January 2, 2020,'' dated February 25, 2020.
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Scope of the Orders

    The scope of these 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. It specifically excludes 
vanadium additives other than ferrovanadium, such as nitride 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 following 
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, Commerce's written description of the scope of these orders 
remains dispositive.

Analysis of Comments Received

    All issues raised in these sunset reviews are addressed in the 
Issues and Decision Memorandum.\6\ The issues discussed in the Issues 
and Decision Memorandum are the likelihood of continuation or 
recurrence of dumping and the magnitude of the dumping margin likely to 
prevail if the orders were revoked. The Issues and 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 
http://acess.trade.gov. A list of topics discussed in the Issues and 
Decision Memorandum is included as an appendix to this notice. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the internet at http://enforcement.trade.gov/frn. The signed and electronic versions of the Issues and Decision 
Memorandum are identical in content.
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    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Expedited Third Sunset Reviews of the Antidumping Duty Orders on 
Ferrovanadium from the Republic of South Africa and the People's 
Republic of China,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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Final Results of Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the AD orders on ferrovanadium 
from South Africa and China would be likely to lead to the continuation 
or recurrence of dumping at weighted-average dumping margins up to 
116.00 percent for South Africa and 66.71 percent for China.

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305. Timely notification of the return or destruction of APO 
materials or conversion to judicial protective orders is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing the final results and this notice in 
accordance with sections 751(c), 752(c),

[[Page 26668]]

and 777(i)(1) of the Act, and 19 CFR 351.218.

    Dated: April 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
    A. Likelihood of Continuation or Recurrence of Dumping
    B. Magnitude of the Dumping Margins Likely To Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation

[FR Doc. 2020-09582 Filed 5-4-20; 8:45 am]
 BILLING CODE 3510-DS-P