[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