[Federal Register Volume 85, Number 162 (Thursday, August 20, 2020)]
[Notices]
[Pages 51408-51409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18287]


-----------------------------------------------------------------------

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: Continuation of Antidumping Duty Orders

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty (AD) orders on ferrovanadium from 
the Republic of South Africa (South Africa) and the People's Republic 
of China (China) would likely lead to continuation or recurrence of 
dumping and material injury to an industry in the United States, 
Commerce is publishing a notice of continuation of these AD orders.

DATES: Applicable August 20, 2020.

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

SUPPLEMENTARY INFORMATION:

[[Page 51409]]

Background

    On January 2, 2020, the ITC instituted,\1\ and Commerce 
initiated,\2\ the third five-year (sunset) reviews of the AD orders on 
ferrovanadium from South Africa and China,\3\ pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act). As a result of 
its reviews, Commerce determined, pursuant to sections 751(c) and 
752(c) of the Act, that revocation of the Orders on ferrovanadium from 
South Africa and China would be likely to lead to the continuation or 
recurrence of dumping. Commerce also notified the ITC of the magnitude 
of the margins of dumping likely to prevail should the Orders be 
revoked.\4\
---------------------------------------------------------------------------

    \1\ See Ferrovanadium from China and South Africa; Institution 
of Five-Year Reviews, 85 FR 122 (January 2, 2020).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 67 
(January 2, 2020).
    \3\ 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) 
(collectively, Orders).
    \4\ See 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, 85 FR 26667 (May 5, 
2020), and accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------

    On August 13, 2020, the ITC published its determinations, pursuant 
to sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
---------------------------------------------------------------------------

    \5\ See Ferrovanadium from the Republic of South Africa and the 
People's Republic of China (Inv. Nos. 731-TA-986 and 731-TA-987 
(Review)), 85 FR 49394 (August 13, 2020); see also Ferrovanadium 
from the Republic of South Africa and the People's Republic of China 
(Inv. Nos. 731-TA-986 and 731-TA-987 (Review)), USITC Pub. 5099 
(August 2020).
---------------------------------------------------------------------------

Scope of the Orders

    The scope of the 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.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to a continuation or a 
recurrence of dumping and of material injury to an industry in the 
United States, pursuant to section 751(d)(2) of the Act and 19 CFR 
351.218(a), Commerce hereby orders the continuation of the Orders. U.S. 
Customs and Border Protection will continue to collect AD cash deposits 
at the rates in effect at the time of entry for all imports of subject 
merchandise. The effective date of the continuation of the Orders will 
be the date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year review 
of the Orders not later than 30 days prior to the fifth anniversary of 
the effective date of continuation.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.

Notification to Interested Parties

    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) and (d)(2) of the Act and published in accordance 
with section 777(i) of the Act, and 19 CFR 351.218(f)(4). Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\6\
---------------------------------------------------------------------------

    \6\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).

    Dated: August 13, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-18287 Filed 8-19-20; 8:45 am]
BILLING CODE 3510-DS-P