Ferrovanadium and Nitrided Vanadium from the Russian Federation: Revocation of Antidumping Duty Order, 54897-54898 [2012-22019]

Download as PDF Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Notices Assessment Rates The Department shall determine, and For purposes of these preliminary CBP shall assess, antidumping duties on results, we made currency conversions all appropriate entries. If the weightedin accordance with section 773A(a) of average dumping margin for particular the Act, based on the official exchange respondents is above de minimis in the rates published by the Federal Reserve final results of these reviews, we will Bank. calculate importer-specific ad valorem Preliminary Results of the Review duty assessment rates based on the ratio of the total amount of dumping As a result of this review, we calculated for the importer’s examined preliminarily find that the following sales to the total entered value for those weighted-average dumping margins sales in accordance with 19 CFR exist: 351.212(b)(1).51 The Department clarified its Weightedaverage ‘‘automatic assessment’’ regulation on Manufacturer/Exporter dumping May 6, 2003.52 This clarification will margins apply to entries of subject merchandise (percent) during the period of review produced by Dongbu ..................................... 0 companies selected for individual HYSCO ..................................... 0 examination in these preliminary results Review-Specific Average Rate of review for which the reviewed Applicable to: Dongkuk, companies did not know their Haewon, Hausys, LG Chem, merchandise was destined for the and Union .............................. 0 United States. In such instances, we will instruct CBP to liquidate unreviewed Comment entries at the country-specific all-others rate if there is no rate for the The Department intends to disclose calculations performed within five days intermediate company(ies) involved in the transaction.53 of the date of publication of this notice For the companies which were not to the parties to this proceeding in selected for individual review, we will accordance with 19 CFR 351.224(b). Interested parties may submit case briefs calculate an assessment rate based on the weighted average of the cash deposit no later than 30 days after the date of rates calculated for the companies publication of these preliminary results selected for individual review. of review.47 Rebuttal briefs are limited We intend to issue liquidation to issues raised in the case briefs and may be filed no later than five days after instructions to CBP 15 days after the time limit for filing the case briefs.48 publication of the final results of this review. Parties submitting arguments in this proceeding are requested to submit with Cash Deposit Requirements the argument: (1) A statement of the The following deposit rates will be issue, (2) a brief summary of the effective upon publication of the final argument, and (3) a table of authorities, results of this administrative review for in accordance with 19 CFR all shipments of CORE from Korea 351.309(d)(2). Case and rebuttal briefs entered, or withdrawn from warehouse, must be served on interested parties in for consumption on or after the accordance with 19 CFR 351.303(f). publication date, as provided by section An interested party may request a 751(a)(2)(C) of the Act: (1) The cash hearing within 30 days of publication of deposit rates for the companies listed 49 Any these preliminary results. above will be the rates established in the hearing, if requested, ordinarily will be final results of this review, except if the held two days after the due date of the rate is less than 0.5 percent and, rebuttal briefs in accordance with 19 therefore, de minimis, the cash deposit CFR 351.310(d)(1). The Department will will be zero; (2) for previously reviewed issue the final results of this or investigated companies not listed administrative review, which will above, the cash deposit rate will include the results of its analysis of issues raised in any such comments, or 51 In these preliminary results, the Department at a hearing, if requested, within 120 applied the assessment rate calculation method days of publication of these preliminary adopted in Final Modification for Reviews, i.e., on the basis of monthly average-to-average results, unless extended.50 TKELLEY on DSK3SPTVN1PROD with NOTICES Currency Conversion 47 See 19 CFR 351.309(c)(ii). 48 See 19 CFR 351.309(d). 49 See 19 CFR 351.310(c). 50 See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h). VerDate Mar<15>2010 18:45 Sep 05, 2012 Jkt 226001 comparisons using only the transactions associated with that importer with offsets being provided for non-dumped comparisons. 52 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 53 See id. PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 54897 continue to be the company-specific rate published for the most recent final results in which that manufacturer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-thanfair-value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent final results for the manufacturer of the merchandise; and (4) if neither the exporter nor the manufacturer is a firm covered in this or any previous review conducted by the Department, the cash deposit rate will be 17.70 percent, the all-others rate established in the LTFV.54 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. These preliminary results of review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: August 30, 2012. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2012–21993 Filed 9–5–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–821–807] Ferrovanadium and Nitrided Vanadium from the Russian Federation: Revocation of Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determination by the International Trade Commission (ITC), that revocation of the antidumping duty order on ferrovanadium and nitrided vanadium from the Russian Federation (Russia) would not be likely to lead to continuation or recurrence of material injury to an industry in the United AGENCY: 54 See E:\FR\FM\06SEN1.SGM Orders on Certain Steel from Korea. 06SEN1 54898 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Notices States within a reasonably foreseeable time,1 the Department of Commerce (the Department) is publishing this notice of revocation of the antidumping duty order on ferrovanadium and nitrided vanadium from Russia. DATES: Effective Date: October 13, 2011. FOR FURTHER INFORMATION CONTACT: David Goldberger or Rebecca Trainor, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4136 and (202) 482–4007, respectively. SUPPLEMENTARY INFORMATION: Background On July 10, 1995, the Department published the antidumping duty order on ferrovanadium and nitrided vanadium from Russia.2 On September 1, 2011, the Department initiated and the ITC instituted the third sunset review of the antidumping duty order on ferrovanadium and nitrided vanadium from Russia, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).3 The Department expedited the third sunset review of the antidumping duty order on nitrided vanadium from Russia. As a result of its review, the Department found that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping and notified the ITC of the magnitude of the margins likely to prevail were the order to be revoked.4 On August 22, 2012, the ITC notified the Department that, pursuant to section 751(c) of the Act, revocation of this order would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.5 Scope of the Order TKELLEY on DSK3SPTVN1PROD with NOTICES The products covered by the order are ferrovanadium and nitrided vanadium, 1 See Ferrovanadium and Nitrided Vanadium From Russia, 77 FR 51825 (August 27, 2012) (ITC Final). 2 See Notice of Antidumping Order: Ferrovanadium and Nitrided Vanadium from the Russian Federation, 60 FR 35550 (July 10, 1995). 3 See Initiation, and Ferrovanadium and Nitrided Vanadium From Russia; Institution of a Five-Year Review Concerning the Antidumping Duty Order on Ferrovanadium and Nitrided Vanadium From Russia, 76 FR 54490 (September 1, 2011). 4 See Final Results of Expedited Sunset Review: Ferrovanadium and Nitrided Vanadium From Russia, 76 FR 78888 (December 20, 2011). 5 See ITC Final and Ferrovanadium and Nitrided Vanadium From Russia: Investigation No. 731–TA– 702 (Third Review), USITC Publication 4345 (August 2012). VerDate Mar<15>2010 18:45 Sep 05, 2012 Jkt 226001 regardless of grade, chemistry, form or size, unless expressly excluded from the scope of the order. Ferrovanadium includes alloys containing ferrovanadium as the predominant element by weight (i.e., more weight than any other element, except iron in some instances) and at least 4 percent by weight of iron. Nitrided vanadium includes compounds containing vanadium as the predominant element, by weight, and at least 5 percent, by weight, of nitrogen. Excluded from the scope of the order are vanadium additives other than ferrovanadium and nitrided vanadium, such as vanadium-aluminum master alloys, vanadium chemicals, vanadium waste and scrap, vanadium-bearing raw materials, such as slag, boiler residues, fly ash, and vanadium oxides. The products subject to the order are currently classifiable under subheadings 2850.00.20, 7202.92.00, 7202.99.5040, 8112.40.3000, and 8112.40.6000 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope is dispositive. Revocation 6 See Ferrovanadium and Nitrided Vanadium From Russia: Notice of Continuation of Antidumping Duty Order, 71 FR 60475 (October 13, 2006). Frm 00025 Dated: August 30, 2012. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2012–22019 Filed 9–5–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–905] As a result of the determination by the ITC that revocation of the order is not likely to lead to the continuation or recurrence of material injury to an industry in the United States, the Department, pursuant to section 751(d) of the Act, is revoking the antidumping duty order on ferrovanadium and nitrided vanadium from Russia. Pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), the effective date of revocation is October 13, 2011 (i.e., the fifth anniversary of the date of publication in the Federal Register of the most recent notice of continuation of the antidumping duty order).6 The Department intends to notify U.S. Customs and Border Protection (CBP), 15 days after publication of this notice, to discontinue suspension of liquidation and collection of cash deposits on entries of ferrovanadium and nitrided vanadium from Russia entered or withdrawn from warehouse on or after October 13, 2011, the effective date of revocation of the antidumping duty order. The Department will further instruct CBP to refund with interest any cash deposits on entries made on or after October 13, 2011. Entries of subject merchandise prior to the effective date PO 00000 of revocation will continue to be subject to suspension of liquidation and antidumping deposit requirements. The Department will complete any pending administrative reviews of this 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. This revocation and notice are issued in accordance with section 751(d)(2) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.222(i)(2). Fmt 4703 Sfmt 4703 Certain Polyester Staple Fiber From the People’s Republic of China: Final Results of Expedited Sunset Review of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 1, 2012, the Department of Commerce (‘‘the Department’’) initiated the first five-year (‘‘sunset’’) review of the antidumping duty order on certain polyester staple fiber from the People’s Republic of China (‘‘PRC’’) pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of the domestic interested party, as well as a lack of response from respondent interested parties, the Department conducted an expedited sunset review of the antidumping duty order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review, the Department finds that revocation of the antidumping duty order on certain polyester staple fiber from the PRC would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. AGENCY: E:\FR\FM\06SEN1.SGM 06SEN1

Agencies

[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Notices]
[Pages 54897-54898]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22019]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-807]


Ferrovanadium and Nitrided Vanadium from the Russian Federation: 
Revocation of Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determination by the International Trade 
Commission (ITC), that revocation of the antidumping duty order on 
ferrovanadium and nitrided vanadium from the Russian Federation 
(Russia) would not be likely to lead to continuation or recurrence of 
material injury to an industry in the United

[[Page 54898]]

States within a reasonably foreseeable time,\1\ the Department of 
Commerce (the Department) is publishing this notice of revocation of 
the antidumping duty order on ferrovanadium and nitrided vanadium from 
Russia.
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    \1\ See Ferrovanadium and Nitrided Vanadium From Russia, 77 FR 
51825 (August 27, 2012) (ITC Final).

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DATES: Effective Date: October 13, 2011.

FOR FURTHER INFORMATION CONTACT: David Goldberger or Rebecca Trainor, 
AD/CVD Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4136 and (202) 482-4007, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 10, 1995, the Department published the antidumping duty 
order on ferrovanadium and nitrided vanadium from Russia.\2\ On 
September 1, 2011, the Department initiated and the ITC instituted the 
third sunset review of the antidumping duty order on ferrovanadium and 
nitrided vanadium from Russia, pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act).\3\
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    \2\ See Notice of Antidumping Order: Ferrovanadium and Nitrided 
Vanadium from the Russian Federation, 60 FR 35550 (July 10, 1995).
    \3\ See Initiation, and Ferrovanadium and Nitrided Vanadium From 
Russia; Institution of a Five-Year Review Concerning the Antidumping 
Duty Order on Ferrovanadium and Nitrided Vanadium From Russia, 76 FR 
54490 (September 1, 2011).
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    The Department expedited the third sunset review of the antidumping 
duty order on nitrided vanadium from Russia. As a result of its review, 
the Department found that revocation of the antidumping duty order 
would be likely to lead to continuation or recurrence of dumping and 
notified the ITC of the magnitude of the margins likely to prevail were 
the order to be revoked.\4\
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    \4\ See Final Results of Expedited Sunset Review: Ferrovanadium 
and Nitrided Vanadium From Russia, 76 FR 78888 (December 20, 2011).
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    On August 22, 2012, the ITC notified the Department that, pursuant 
to section 751(c) of the Act, revocation of this order would not be 
likely to lead to continuation or recurrence of material injury to an 
industry in the United States within a reasonably foreseeable time.\5\
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    \5\ See ITC Final and Ferrovanadium and Nitrided Vanadium From 
Russia: Investigation No. 731-TA-702 (Third Review), USITC 
Publication 4345 (August 2012).
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Scope of the Order

    The products covered by the order are ferrovanadium and nitrided 
vanadium, regardless of grade, chemistry, form or size, unless 
expressly excluded from the scope of the order. Ferrovanadium includes 
alloys containing ferrovanadium as the predominant element by weight 
(i.e., more weight than any other element, except iron in some 
instances) and at least 4 percent by weight of iron. Nitrided vanadium 
includes compounds containing vanadium as the predominant element, by 
weight, and at least 5 percent, by weight, of nitrogen.
    Excluded from the scope of the order are vanadium additives other 
than ferrovanadium and nitrided vanadium, such as vanadium-aluminum 
master alloys, vanadium chemicals, vanadium waste and scrap, vanadium-
bearing raw materials, such as slag, boiler residues, fly ash, and 
vanadium oxides.
    The products subject to the order are currently classifiable under 
subheadings 2850.00.20, 7202.92.00, 7202.99.5040, 8112.40.3000, and 
8112.40.6000 of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). Although the HTSUS subheadings are provided for 
convenience and customs purposes, our written description of the scope 
is dispositive.

Revocation

    As a result of the determination by the ITC that revocation of the 
order is not likely to lead to the continuation or recurrence of 
material injury to an industry in the United States, the Department, 
pursuant to section 751(d) of the Act, is revoking the antidumping duty 
order on ferrovanadium and nitrided vanadium from Russia. Pursuant to 
section 751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), the effective 
date of revocation is October 13, 2011 (i.e., the fifth anniversary of 
the date of publication in the Federal Register of the most recent 
notice of continuation of the antidumping duty order).\6\ The 
Department intends to notify U.S. Customs and Border Protection (CBP), 
15 days after publication of this notice, to discontinue suspension of 
liquidation and collection of cash deposits on entries of ferrovanadium 
and nitrided vanadium from Russia entered or withdrawn from warehouse 
on or after October 13, 2011, the effective date of revocation of the 
antidumping duty order. The Department will further instruct CBP to 
refund with interest any cash deposits on entries made on or after 
October 13, 2011. Entries of subject merchandise prior to the effective 
date of revocation will continue to be subject to suspension of 
liquidation and antidumping deposit requirements. The Department will 
complete any pending administrative reviews of this order.
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    \6\ See Ferrovanadium and Nitrided Vanadium From Russia: Notice 
of Continuation of Antidumping Duty Order, 71 FR 60475 (October 13, 
2006).
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    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.
    This revocation and notice are issued in accordance with section 
751(d)(2) of the Act and published pursuant to section 777(i)(1) of the 
Act and 19 CFR 351.222(i)(2).

    Dated: August 30, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-22019 Filed 9-5-12; 8:45 am]
BILLING CODE 3510-DS-P