[Federal Register Volume 79, Number 49 (Thursday, March 13, 2014)]
[Notices]
[Pages 14216-14217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05528]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-873, A-791-815]
Ferrovanadium From the People's Republic of China and the
Republic of South Africa: Final Results of the Expedited Second Sunset
Reviews of the Antidumping Duty Orders
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: As a result of these sunset reviews, the Department of
Commerce (``the Department'') finds that revocation of the antidumping
duty (``AD'') orders on ferrovanadium from the People's Republic of
China (``PRC'') and the Republic of South Africa (``South Africa'')
would likely lead to continuation or recurrence of dumping. The
magnitudes of the dumping margins likely to prevail are indicated in
the ``Final Results of Sunset Reviews'' section of this notice.
DATES: Effective Date: March 13, 2014.
FOR FURTHER INFORMATION CONTACT: Lori Apodaca or Howard Smith, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4551 or (202) 482-5193, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 28, 2003, the Department published the AD orders on
ferrovanadium from the PRC and South Africa.\1\ On November 1, 2013,
the Department published the notice of initiation of the second sunset
reviews of these AD orders, pursuant to section 751(c) of the Act.\2\
On November 15, 2013, pursuant to 19 CFR 351.218(d)(1), the Department
received timely and complete notices of intent to participate in the
sunset reviews of both orders from Vanadium Producers and Reclaimers
Association (``VPRA'') and VPRA members Gulf Chemical & Metallurgical
Corporation (``Gulf''), Gulf's wholly-owned subsidiary Bear
Metallurgical Company (``Bear''), AMG Vanadium, Inc. (``AMGV''), and
Evraz Stratcor, Inc. (``Stratcor'') (collectively ``Domestic
Producers''). On December 2, 2013, pursuant to 19 CFR 351.218(d)(3),
Domestic Producers filed a timely and adequate substantive response for
both orders. The Department did not receive substantive responses from
any respondent interested party. As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the
Department conducted expedited (120-day) sunset reviews of these AD
orders.
---------------------------------------------------------------------------
\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'') Review, 78 FR 65614
(November 1, 2013).
---------------------------------------------------------------------------
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, the Department's written description of the scope
of these orders remains dispositive.
Analysis of Comments Received
A complete discussion of all issues raised in these sunset reviews
is provided in the accompanying Issues and Decision Memorandum, which
is hereby adopted by this notice.\3\ The issues discussed in the I&D
Memorandum include the likelihood of continuation or recurrence of
dumping and the magnitude of the dumping margins likely to prevail if
the orders are revoked. The I&D Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). Access to IA ACCESS is available in the Central Records
Unit, Room 7046 of the main Department of Commerce building. In
addition, a complete version of the I&D Memorandum can be accessed at
http://enforcement.trade.gov/frn/. The signed I&D Memorandum and the
electronic version of the I&D Memorandum are identical in content.
---------------------------------------------------------------------------
\3\ See ``Issues and Decision Memorandum for the Expedited
Second Sunset Reviews of the Antidumping Duty Orders on
Ferrovanadium from the People's Republic of China and the Republic
of South Africa,'' from Christian Marsh, Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, dated
concurrently with this notice (``I&D Memorandum'').
---------------------------------------------------------------------------
Final Results of Sunset Reviews
The Department determines that revocation of the AD orders on
ferrovanadium from the PRC and South Africa would be likely to lead to
continuation or recurrence of dumping, with the following dumping
margins likely to prevail:
[[Page 14217]]
------------------------------------------------------------------------
Weighted-
average
Exporter/producer percentage
margin
------------------------------------------------------------------------
PRC
------------------------------------------------------------------------
Pangang Group International Economic & Trading 12.97
Corporation..........................................
PRC-Wide Entity....................................... 66.71
------------------------------------------------------------------------
South Africa
------------------------------------------------------------------------
Highveld Steel and Vanadium Corporation, Ltd.......... 116.00
Xstrata South Africa (Proprietary) Limited............ 116.00
All Others............................................ 116.00
------------------------------------------------------------------------
Notification Regarding Administrative Protective Orders
This notice also serves as the only reminder to parties subject to
administrative protective orders (``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.
We are issuing and publishing these results and notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and
19 CFR 351.218.
Dated: February 28, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-05528 Filed 3-12-14; 8:45 am]
BILLING CODE 3510-DS-P