Ferrovanadium from the People(s Republic of China and the Republic of South Africa: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders, 19192-19193 [E8-7465]

Download as PDF 19192 Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Notices Signed at Washington, DC, this 28th day of March 2008. David M. Spooner, Assistant Secretary of Commercefor Import Administration, Alternate Chairman, Foreign–Trade Zones Board. Attest: Andrew McGilvray, Executive Secretary. [FR Doc. E8–7473 Filed 4–8–08; 8:45 am] BILLING CODE 3510–DS–S 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 Sunset Reviews of the Antidumping Duty Orders Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On December 3, 2007, the Department of Commerce (‘‘Department’’) initiated sunset reviews of the antidumping duty orders on ferrovanadium from the People(s Republic of China (‘‘PRC’’) and the Republic of South Africa (‘‘South Africa’’), pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘Act’’). See Initiation of Five-year (‘‘Sunset’’) Reviews, 72 FR 67890 (December 3, 2007) (‘‘Sunset Initiations’’); 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) (‘‘PRC Order’’); Notice of Antidumping Duty Order: Ferrovanadium from the Republic of South Africa, 68 FR 4169 (January 28, 2003) (‘‘South Africa Order’’). Based on the notices of intent to participate and adequate responses filed by the domestic interested parties, and the lack of response from any respondent interested party, the Department conducted expedited sunset reviews of the PRC Order and South Africa Order pursuant to section 751(c)(3)(B) of the Act and 19 C.F.R. 351.218(e)(1)(ii)(C)(2). As a result of these sunset reviews, the Department finds that revocation of either the PRC Order or the South Africa Order would likely lead to continuation or recurrence of dumping, at the levels indicated in the ‘‘Final Results of Sunset Reviews’’ section of this notice, infra. EFFECTIVE DATE: April 9, 2008. mstockstill on PROD1PC66 with NOTICES AGENCY: VerDate Aug<31>2005 18:06 Apr 08, 2008 Jkt 214001 FOR FURTHER INFORMATION CONTACT: Juanita H. Chen; AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 202–482–1904. SUPPLEMENTARY INFORMATION: Background On December 3, 2007, the Department initiated sunset reviews of the PRC Order and South Africa Order on ferrovanadium pursuant to section 751(c) of the Act. See Sunset Initiations. On December 18, 2007, the Department received timely notices of intent to participate in both sunset reviews (as joint submissions) from the Vanadium Producers and Reclaimers Association (‘‘VPRA’’), and its members Gulf Chemical & Metallurgical Corporation (‘‘Gulf’’), Gulf(s wholly owned subsidiary Bear Metallurgical Company (‘‘Bear Metallurgical’’), Metallurg Vanadium Corporation (‘‘MVC’’), and Strategic Minerals Corporation (on behalf of its wholly owned subsidiary, Stratcor, Inc.) (‘‘Stratcor’’) (collectively ‘‘Domestic Producers’’), pursuant to 19 C.F.R. 351.218(d)(1)(i). In accordance with 19 C.F.R. 351.218(d)(1)(ii)(A), VPRA claimed interested party status under section 771(9)(E) of the Act as a trade or business association, a majority of whose members produce or wholesale a domestic like product in the United States. Gulf, Bear Metallurgical, MVC, and Stratcor claimed interested party status under section 771(9)(C) of the Act as domestic producers and/or wholesalers of subject merchandise. On January 2, 2008, Domestic Producers jointly filed substantive responses in both sunset reviews, within the 30-day deadline as specified in 19 C.F.R. 351.218(d)(3)(i). The Department did not receive a substantive response from any respondent interested party in either sunset review. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 C.F.R. 351.218(e)(1)(ii)(C)(2), the Department conducted expedited sunset reviews of the PRC Order and the South Africa Order. 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. The scope specifically excludes vanadium additives other than ferrovanadium, such as nitrided PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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 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 addressed in the accompanying Issues and Decision Memorandum, which is hereby adopted by this notice. See ‘‘Issues and Decision Memorandum for the Final Results in the Expedited Sunset Reviews of the Antidumping Duty Orders on Ferrovanadium from the People(s Republic of China and from the Republic of South Africa,’’ from Stephen J. Claeys, Deputy Assistant Secretary, to David M. Spooner, Assistant Secretary for Import Administration, dated April 1, 2008 (‘‘I&D Memo’’). The issues discussed in the accompanying I&D Memo include the likelihood of continuation or recurrence of dumping and the magnitude of the dumping margin likely to prevail if either the PRC Order or the South Africa Order were revoked. Parties can obtain a public copy of the I&D Memo on file in the Central Records Unit, room 1117, of the main Commerce building. In addition, a complete public version of the I&D Memo can be accessed directly on the Web at https:// ia.ita.doc.gov/frn. The paper copy and electronic version of the I&D Memo are identical in content. FINAL RESULTS OF SUNSET REVIEWS The Department determines that revocation of the PRC Order on ferrovanadium would likely lead to continuation or recurrence of dumping at the rates listed below: Manufacturers/Exporters/Producers Pangang Group International Economic & Trading Corporation .. PRC–Wide Entity .......... Weighted–Average Margin (Percent) 12.97% 66.71% The Department determines that revocation of the South Africa Order on ferrovanadium would likely lead to E:\FR\FM\09APN1.SGM 09APN1 Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Notices continuation or recurrence of dumping at the rates listed below: Statutory Time Limits Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department of Commerce (‘‘Department’’) to issue the preliminary Highveld Steel and Varesults of an administrative review nadium Corporation, within 245 days after the last day of the Ltd. ............................ 116.00% anniversary month of an order for which Xstrata South Africa (Proprietary) Limited 116.00% a review is requested and a final All Others ...................... 116.00% determination within 120 days after the date on which the preliminary results are published. If it is not practicable to NOTIFICATION REGARDING complete the review within the time ADMINISTRATIVE PROTECTIVE period, section 751(a)(3)(A) of the Act ORDER allows the Department to extend these This notice also serves as the only deadlines to a maximum of 365 days reminder to parties subject to and 180 days, respectively. administrative protective order (‘‘APO’’) Background of their responsibility concerning the return or destruction of proprietary On September 25, 2007, the information disclosed under APO in Department published in the Federal accordance with 19 C.F.R. 351.305. Register a notice of initiation of Timely notification of the return or administrative review of the destruction of APO materials or antidumping duty order on granular conversion to judicial protective order is polytetrafluoroethylene resin from Italy, hereby requested. Failure to comply covering the period August 1, 2006, with the regulations and terms of an through July 31, 2007. See Initiation of APO is a violation which is subject to Antidumping and Countervailing Duty sanction. Administrative Reviews and Request for Revocation in Part, 72 FR 54428 We are issuing and publishing these (September 25, 2007). The preliminary results and notice in accordance with sections 751(c), 752, and 777(i)(1) of the results for this administrative review are currently due no later than May 2, 2008. Act. Manufacturers/Exporters/Producers Weighted–Average Margin (Percent) Dated: April 1, 2008. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. E8–7465 Filed 4–8–08; 8:45 am] Extension of Time Limits for Preliminary Results BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–475–703 Granular Polytetrafluoroethylene Resin From Italy: Notice of Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce AGENCY: EFFECTIVE DATE: April 9, 2008. mstockstill on PROD1PC66 with NOTICES FOR FURTHER INFORMATION CONTACT: Alicia Winston or Salim Bhabhrawala, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482–1785 or (202) 482– 1784, respectively. VerDate Aug<31>2005 18:06 Apr 08, 2008 Jkt 214001 The Department requires additional time to review and analyze the sales and cost information submitted by the respondent in this administrative review because this review involves complex sales and cost accounting issues. Thus, it is not practicable to complete this review within the original time limit (i.e., May 2, 2008). Therefore, the Department is extending the time limit for completion of the preliminary results by 120 days to August 30, 2008, in accordance with section 751(a)(3)(A) of the Act and section 351.213(h)(2) of the Department’s regulations. However, August 30, 2008, falls on a Saturday and September 1, 2008, is a holiday, and it is the Department’s long–standing practice to issue a determination the next business day when the statutory deadline falls on a weekend, federal holiday, or any other day when the Department is closed. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). Accordingly, the deadline for completion of the preliminary results is now no later than September 2, 2008. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 19193 We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: April 3, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8–7469 Filed 4–8–04; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Notice of Proposed Revision to Guidelines for Coastal and Estuarine Land Conservation Program National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (Commerce). ACTION: Request for comments for proposed revision to program guidelines. AGENCY: SUMMARY: Notice is hereby given that NOAA is planning to update and revise its Guidelines for the Coastal and Estuarine Land Conservation Program (CELCP) after five years implementing the program under these guidelines. This notice invites interested parties to provide comments or suggestions to NOAA for consideration in updating the CELCP guidelines. DATES: Comments on the CELCP guidelines are requested by June 9, 2008, 2008 for consideration. ADDRESSES: Please address comments to Roxanne Thomas, by mail at: Office of Ocean and Coastal Resource Management, NOAA, 1305 East-West Hwy., N/ORM7, Silver Spring, MD 20910; or by e-mail to Roxanne.Thornas@noaa.gov, Subject: CELCP Guidelines. FOR FURTHER INFORMATION CONTACT: Roxanne Thomas or Elaine Vaudreuil, NOAA’s Ocean Service, Office of Ocean and Coastal Resource Management at Roxanne.Thomas@noaa.gov, 301–713– 3155 ext. 119 or Elaine.Vaudreui1@noaa.gov, 301–713– 3155 ext. 103. SUPPLEMENTARY INFORMATION: Background: The CELCP was established in 2002 to fund acquisition of land to protect important coastal and estuarine areas that have significant conservation, recreation, ecological, historical or aesthetic values, or that are threatened by conversion from their natural or recreational state to other uses. Priority is given to lands that can be effectively managed and protected E:\FR\FM\09APN1.SGM 09APN1

Agencies

[Federal Register Volume 73, Number 69 (Wednesday, April 9, 2008)]
[Notices]
[Pages 19192-19193]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7465]


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

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 Sunset Reviews 
of the Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 3, 2007, the Department of Commerce 
(``Department'') initiated sunset reviews of the antidumping duty 
orders on ferrovanadium from the People(s Republic of China (``PRC'') 
and the Republic of South Africa (``South Africa''), pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (``Act''). See 
Initiation of Five-year (``Sunset'') Reviews, 72 FR 67890 (December 3, 
2007) (``Sunset Initiations''); 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) (``PRC Order''); Notice of 
Antidumping Duty Order: Ferrovanadium from the Republic of South 
Africa, 68 FR 4169 (January 28, 2003) (``South Africa Order''). Based 
on the notices of intent to participate and adequate responses filed by 
the domestic interested parties, and the lack of response from any 
respondent interested party, the Department conducted expedited sunset 
reviews of the PRC Order and South Africa Order pursuant to section 
751(c)(3)(B) of the Act and 19 C.F.R. 351.218(e)(1)(ii)(C)(2). As a 
result of these sunset reviews, the Department finds that revocation of 
either the PRC Order or the South Africa Order would likely lead to 
continuation or recurrence of dumping, at the levels indicated in the 
``Final Results of Sunset Reviews'' section of this notice, infra.

EFFECTIVE DATE: April 9, 2008.

FOR FURTHER INFORMATION CONTACT: Juanita H. Chen; AD/CVD Operations, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: 202-482-1904.

SUPPLEMENTARY INFORMATION:

Background

    On December 3, 2007, the Department initiated sunset reviews of the 
PRC Order and South Africa Order on ferrovanadium pursuant to section 
751(c) of the Act. See Sunset Initiations. On December 18, 2007, the 
Department received timely notices of intent to participate in both 
sunset reviews (as joint submissions) from the Vanadium Producers and 
Reclaimers Association (``VPRA''), and its members Gulf Chemical & 
Metallurgical Corporation (``Gulf''), Gulf(s wholly owned subsidiary 
Bear Metallurgical Company (``Bear Metallurgical''), Metallurg Vanadium 
Corporation (``MVC''), and Strategic Minerals Corporation (on behalf of 
its wholly owned subsidiary, Stratcor, Inc.) (``Stratcor'') 
(collectively ``Domestic Producers''), pursuant to 19 C.F.R. 
351.218(d)(1)(i). In accordance with 19 C.F.R. 351.218(d)(1)(ii)(A), 
VPRA claimed interested party status under section 771(9)(E) of the Act 
as a trade or business association, a majority of whose members produce 
or wholesale a domestic like product in the United States. Gulf, Bear 
Metallurgical, MVC, and Stratcor claimed interested party status under 
section 771(9)(C) of the Act as domestic producers and/or wholesalers 
of subject merchandise.
    On January 2, 2008, Domestic Producers jointly filed substantive 
responses in both sunset reviews, within the 30-day deadline as 
specified in 19 C.F.R. 351.218(d)(3)(i). The Department did not receive 
a substantive response from any respondent interested party in either 
sunset review. As a result, pursuant to section 751(c)(3)(B) of the Act 
and 19 C.F.R. 351.218(e)(1)(ii)(C)(2), the Department conducted 
expedited sunset reviews of the PRC Order and the South Africa Order.

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. The scope specifically excludes 
vanadium additives other than ferrovanadium, such as nitrided 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 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 addressed in the accompanying Issues and Decision Memorandum, which 
is hereby adopted by this notice. See ``Issues and Decision Memorandum 
for the Final Results in the Expedited Sunset Reviews of the 
Antidumping Duty Orders on Ferrovanadium from the People(s Republic of 
China and from the Republic of South Africa,'' from Stephen J. Claeys, 
Deputy Assistant Secretary, to David M. Spooner, Assistant Secretary 
for Import Administration, dated April 1, 2008 (``I&D Memo''). The 
issues discussed in the accompanying I&D Memo include the likelihood of 
continuation or recurrence of dumping and the magnitude of the dumping 
margin likely to prevail if either the PRC Order or the South Africa 
Order were revoked. Parties can obtain a public copy of the I&D Memo on 
file in the Central Records Unit, room 1117, of the main Commerce 
building. In addition, a complete public version of the I&D Memo can be 
accessed directly on the Web at https://ia.ita.doc.gov/frn. The paper 
copy and electronic version of the I&D Memo are identical in content.

FINAL RESULTS OF SUNSET REVIEWS

    The Department determines that revocation of the PRC Order on 
ferrovanadium would likely lead to continuation or recurrence of 
dumping at the rates listed below:

------------------------------------------------------------------------
                                                       Weighted-Average
          Manufacturers/Exporters/Producers            Margin (Percent)
------------------------------------------------------------------------
Pangang Group International Economic & Trading                    12.97%
 Corporation........................................
PRC-Wide Entity.....................................              66.71%
------------------------------------------------------------------------

    The Department determines that revocation of the South Africa Order 
on ferrovanadium would likely lead to

[[Page 19193]]

continuation or recurrence of dumping at the rates listed below:

------------------------------------------------------------------------
                                                       Weighted-Average
          Manufacturers/Exporters/Producers            Margin (Percent)
------------------------------------------------------------------------
Highveld Steel and Vanadium Corporation, Ltd........             116.00%
Xstrata South Africa (Proprietary) Limited..........             116.00%
All Others..........................................             116.00%
------------------------------------------------------------------------

NOTIFICATION REGARDING 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 or destruction of proprietary information 
disclosed under APO in accordance with 19 C.F.R. 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective order 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, and 777(i)(1) of the Act.

    Dated: April 1, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E8-7465 Filed 4-8-08; 8:45 am]
BILLING CODE 3510-DS-S