Ferrovanadium From China and South Africa; Institution of Five-Year Reviews, 65706-65709 [2013-26104]

Download as PDF emcdonald on DSK67QTVN1PROD with NOTICES 65706 Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Notices • a summary of completed and ongoing safety and environmental studies; • regulatory updates; • a discussion of significant new drilling activities and seismic data collection; • a summary of any significant incidents; and • other relevant information. After the comment period, BOEM will submit the Report, with a summary of comments received in response to this notice, to the Secretary. There is no specified format for comments. However, BOEM requests that respondents focus on new information that has come to light since final approval of the Five Year Program in August 2012, and information that was not provided during previous comment periods related to the development of the Five Year Program. DATES: Please submit comments and information to BOEM no later than December 2, 2013. Public Comment Procedure: BOEM will accept comments submitted by mail or through its Internet submission system. Please submit your comments using only one of these methods, and include full names and addresses. Comments submitted by other means may not be considered. BOEM will not consider anonymous comments. BOEM will make available for inspection in their entirety all comments by organizations and businesses or by individuals identifying themselves as representatives of organizations and businesses. BOEM’s practice is to make comments submitted, including the names and home addresses of respondents, available for public review. An individual may ask that BOEM withhold his or her name, home address, or both from the public record, and BOEM will honor such a request to the extent allowed by law. If you wish BOEM to withhold such information, you must so state prominently at the beginning of your submission. ADDRESSES: Mail comments to: Kelly Hammerle, Five Year Program Manager, Bureau of Ocean Energy Management (MS–HM 3120), Room 3120, 381 Elden Street, Herndon, Virginia 20170. Please label your comments and the packaging in which they are submitted as ‘‘Information in response to the Annual Progress Report on the Five Year Program 2012–2017.’’ If you submit any privileged or proprietary information to be treated as confidential, please mark the envelope ‘‘Contains Confidential Information.’’ Internet: Federal eRulemaking Portal: https://www.regulations.gov. Under the VerDate Mar<15>2010 17:40 Oct 31, 2013 Jkt 232001 tab ‘‘More Search Options,’’ click ‘‘Advanced Docket Search,’’ then select ‘‘Bureau of Ocean Energy Management’’ from the agency drop-down menu, then click the submit button. In the Docket ID column, select BOEM–2013–0046 to submit public comments and to view related materials available for the Five Year Program. Information on using the Federal eRulemaking Portal, including instructions for accessing documents, submitting comments, and viewing the docket after the comment period closes, is available through the site’s ‘‘User Tips’’ link. FOR FURTHER INFORMATION CONTACT: Kelly Hammerle, Five Year Program Manager, at 703–787–1215. Dated: October 28, 2013. Tommy P. Beaudreau, Director, Bureau of Ocean Energy Management. [FR Doc. 2013–26185 Filed 10–31–13; 8:45 am] BILLING CODE 4310–MR–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–986–987 (Second Review)] Ferrovanadium From China and South Africa; Institution of Five-Year Reviews United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice that it has instituted reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty orders on ferrovanadium from China and South Africa would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; 1 to be assured of consideration, the deadline for responses is December 2, 2013. Comments on the adequacy of responses may be filed with the Commission by January 14, 2014. For further information concerning the conduct of SUMMARY: 1 No response to this request for information is required if a currently valid Office of Management and Budget (OMB) number is not displayed; the OMB number is 3117–0016/USITC No. 14–5–299, expiration date June 30, 2014. Public reporting burden for the request is estimated to average 15 hours per response. Please send comments regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 these reviews and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). DATES: Effective: November 1, 2013. FOR FURTHER INFORMATION CONTACT: Mary Messer (202–205–3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearingimpaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On January 28, 2003, the Department of Commerce issued antidumping duty orders on imports of ferrovanadium from China and South Africa (68 FR 4168 and 4169). Following the first five-year reviews by Commerce and the Commission, effective December 19, 2008, Commerce issued a continuation of the antidumping duty orders on imports of ferrovanadium from China and South Africa (73 FR 77609). The Commission is now conducting second reviews to determine whether revocation of the orders would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. It will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct full or expedited reviews. The Commission’s determinations in any expedited reviews will be based on the facts available, which may include information provided in response to this notice. Definitions.—The following definitions apply to these reviews: (1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year reviews, as defined by the Department of Commerce. (2) The Subject Countries in these reviews are China and South Africa. (3) The Domestic Like Product is the domestically produced product or products which are like, or in the absence of like, most similar in E:\FR\FM\01NON1.SGM 01NON1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Notices characteristics and uses with, the Subject Merchandise. In its original determinations and its first full five-year review determinations, the Commission found a single Domestic Like Product consisting of ferrovanadium of all grades coextensive with Commerce’s scope. (4) The Domestic Industry is the U.S. producers as a whole of the Domestic Like Product, or those producers whose collective output of the Domestic Like Product constitutes a major proportion of the total domestic production of the product. In its original determinations, the Commission defined a single Domestic Industry consisting of the U.S. producers of ferrovanadium, i.e., Bear Metallurgical Co. (Bear), Shieldalloy Metallurgical Corp. (now known as Metvan), and International Specialties Alloys. In its first full five-year review determinations, the Commission defined the Domestic Industry as all U.S. producers of the Domestic Like Product, namely Bear and Metvan. The Commission did not include tollees U.S. Vanadium Corp. (now known as Stratcor) and Gulf Chemical & Metallurgical Corp. in the Domestic Industry in its original determinations or first full five-year review determinations. (5) An Importer is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the Subject Merchandise into the United States from a foreign manufacturer or through its selling agent. Participation in the reviews and public service list.—Persons, including industrial users of the Subject Merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the reviews as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11(b)(4) of the Commission’s rules, no later than 21 days after publication of this notice in the Federal Register. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the reviews. Former Commission employees who are seeking to appear in Commission five-year reviews are advised that they may appear in a review even if they participated personally and substantially in the corresponding underlying original investigation. The Commission’s designated agency ethics official has advised that a five-year review is not considered the ‘‘same particular matter’’ as the corresponding underlying original investigation for VerDate Mar<15>2010 17:40 Oct 31, 2013 Jkt 232001 purposes of 18 U.S.C. 207, the post employment statute for Federal employees, and Commission rule 201.15(b) (19 CFR 201.15(b)), 73 FR 24609 (May 5, 2008). This advice was developed in consultation with the Office of Government Ethics. Consequently, former employees are not required to seek Commission approval to appear in a review under Commission rule 19 CFR 201.15, even if the corresponding underlying original investigation was pending when they were Commission employees. For further ethics advice on this matter, contact Carol McCue Verratti, Deputy Agency Ethics Official, at 202–205– 3088. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and APO service list.—Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI submitted in these reviews available to authorized applicants under the APO issued in the reviews, provided that the application is made no later than 21 days after publication of this notice in the Federal Register. Authorized applicants must represent interested parties, as defined in 19 U.S.C. 1677(9), who are parties to the reviews. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Certification.—Pursuant to section 207.3 of the Commission’s rules, any person submitting information to the Commission in connection with these reviews must certify that the information is accurate and complete to the best of the submitter’s knowledge. In making the certification, the submitter will be deemed to consent, unless otherwise specified, for the Commission, its employees, and contract personnel to use the information provided in any other reviews or investigations of the same or comparable products which the Commission conducts under Title VII of the Act, or in internal audits and investigations relating to the programs and operations of the Commission pursuant to 5 U.S.C. Appendix 3. Written submissions.—Pursuant to section 207.61 of the Commission’s rules, each interested party response to this notice must provide the information specified below. The deadline for filing such responses is December 2, 2013. Pursuant to section 207.62(b) of the Commission’s rules, eligible parties (as specified in Commission rule 207.62(b)(1)) may also file comments concerning the adequacy of responses to the notice of institution and whether the PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 65707 Commission should conduct expedited or full reviews. The deadline for filing such comments is January 14, 2014. All written submissions must conform with the provisions of sections 201.8 and 207.3 of the Commission’s rules and any submissions that contain BPI must also conform with the requirements of sections 201.6 and 207.7 of the Commission’s rules. Regarding electronic filing requirements under the Commission’s rules, see also the Commission’s Handbook on E-Filing, available on the Commission’s Web site at https://edis.usitc.gov. Also, in accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the reviews must be served on all other parties to the reviews (as identified by either the public or APO service list as appropriate), and a certificate of service must accompany the document (if you are not a party to the reviews you do not need to serve your response). Inability to provide requested information.—Pursuant to section 207.61(c) of the Commission’s rules, any interested party that cannot furnish the information requested by this notice in the requested form and manner shall notify the Commission at the earliest possible time, provide a full explanation of why it cannot provide the requested information, and indicate alternative forms in which it can provide equivalent information. If an interested party does not provide this notification (or the Commission finds the explanation provided in the notification inadequate) and fails to provide a complete response to this notice, the Commission may take an adverse inference against the party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in making its determinations in the reviews. Information To Be Provided in Response To This Notice of Institution: If you are a domestic producer, union/ worker group, or trade/business association; import/export Subject Merchandise from more than one Subject Country; or produce Subject Merchandise in more than one Subject Country, you may file a single response. If you do so, please ensure that your response to each question includes the information requested for each pertinent Subject Country. As used below, the term ‘‘firm’’ includes any related firms. (1) The name and address of your firm or entity (including World Wide Web address) and name, telephone number, fax number, and Email address of the certifying official. (2) A statement indicating whether your firm/entity is a U.S. producer of the Domestic Like Product, a U.S. union E:\FR\FM\01NON1.SGM 01NON1 emcdonald on DSK67QTVN1PROD with NOTICES 65708 Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Notices or worker group, a U.S. importer of the Subject Merchandise, a foreign producer or exporter of the Subject Merchandise, a U.S. or foreign trade or business association, or another interested party (including an explanation). If you are a union/worker group or trade/business association, identify the firms in which your workers are employed or which are members of your association. (3) A statement indicating whether your firm/entity is willing to participate in these reviews by providing information requested by the Commission. (4) A statement of the likely effects of the revocation of the antidumping duty orders on the Domestic Industry in general and/or your firm/entity specifically. In your response, please discuss the various factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) including the likely volume of subject imports, likely price effects of subject imports, and likely impact of imports of Subject Merchandise on the Domestic Industry. (5) A list of all known and currently operating U.S. producers of the Domestic Like Product. Identify any known related parties and the nature of the relationship as defined in section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)). (6) A list of all known and currently operating U.S. importers of the Subject Merchandise and producers of the Subject Merchandise in each Subject Country that currently export or have exported Subject Merchandise to the United States or other countries after 2007. (7) A list of 3–5 leading purchasers in the U.S. market for the Domestic Like Product and the Subject Merchandise (including street address, World Wide Web address, and the name, telephone number, fax number, and Email address of a responsible official at each firm). (8) A list of known sources of information on national or regional prices for the Domestic Like Product or the Subject Merchandise in the U.S. or other markets. (9) If you are a U.S. producer of the Domestic Like Product, provide the following information on your firm’s operations on that product during calendar year 2012, except as noted (report quantity data in pounds of contained vanadium and value data in U.S. dollars, f.o.b. plant). If you are a union/worker group or trade/business association, provide the information, on an aggregate basis, for the firms in which your workers are employed/ which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of VerDate Mar<15>2010 17:40 Oct 31, 2013 Jkt 232001 total U.S. production of the Domestic Like Product accounted for by your firm’s(s’) production; (b) capacity (quantity) of your firm to produce the Domestic Like Product (i.e., the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); (c) the quantity and value of U.S. commercial shipments of the Domestic Like Product produced in your U.S. plant(s); (d) the quantity and value of U.S. internal consumption/company transfers of the Domestic Like Product produced in your U.S. plant(s); and (e) the value of (i) net sales, (ii) cost of goods sold (COGS), (iii) gross profit, (iv) selling, general and administrative (SG&A) expenses, and (v) operating income of the Domestic Like Product produced in your U.S. plant(s) (include both U.S. and export commercial sales, internal consumption, and company transfers) for your most recently completed fiscal year (identify the date on which your fiscal year ends). (10) If you are a U.S. importer or a trade/business association of U.S. importers of the Subject Merchandise from the Subject Country(ies), provide the following information on your firm’s(s’) operations on that product during calendar year 2012 (report quantity data in pounds of contained vanadium and value data in U.S. dollars). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) The quantity and value (landed, duty-paid but not including antidumping duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of Subject Merchandise from each Subject Country accounted for by your firm’s(s’) imports; (b) the quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. commercial shipments of Subject Merchandise imported from each Subject Country; and (c) the quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. internal consumption/company transfers of Subject Merchandise imported from each Subject Country. (11) If you are a producer, an exporter, or a trade/business association of producers or exporters of the Subject Merchandise in the Subject PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 Country(ies), provide the following information on your firm’s(s’) operations on that product during calendar year 2012 (report quantity data in pounds of contained vanadium and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total production of Subject Merchandise in each Subject Country accounted for by your firm’s(s’) production; (b) capacity (quantity) of your firm(s) to produce the Subject Merchandise in each Subject Country (i.e., the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); and (c) The quantity and value of your firm’s(s’) exports to the United States of Subject Merchandise and, if known, an estimate of the percentage of total exports to the United States of Subject Merchandise from each Subject Country accounted for by your firm’s(s’) exports. (12) Identify significant changes, if any, in the supply and demand conditions or business cycle for the Domestic Like Product that have occurred in the United States or in the market for the Subject Merchandise in each Subject Country after 2007, and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in each Subject Country, and such merchandise from other countries. (13) (OPTIONAL) A statement of whether you agree with the above E:\FR\FM\01NON1.SGM 01NON1 Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Notices definitions of the Domestic Like Product and Domestic Industry; if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: These reviews are being conducted under authority of Title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission’s rules. By order of the Commission. Issued: October 29, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–26104 Filed 10–31–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–752 (Third Review)] Crawfish Tail Meat From China Institution of a Five-Year Review United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice that it has instituted a review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (‘‘the Act’’) to determine whether revocation of the antidumping duty order on crawfish tail meat from China would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; 1 to be assured of consideration, the deadline for responses is December 2, 2013. Comments on the adequacy of responses may be filed with the Commission by January 14, 2014. For further information concerning the conduct of this review and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). DATES: Effective: November 1, 2013. emcdonald on DSK67QTVN1PROD with NOTICES SUMMARY: 1 No response to this request for information is required if a currently valid Office of Management and Budget (OMB) number is not displayed; the OMB number is 3117–0016/USITC No. 14–5–298, expiration date June 30, 2014. Public reporting burden for the request is estimated to average 15 hours per response. Please send comments regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. VerDate Mar<15>2010 17:40 Oct 31, 2013 Jkt 232001 FOR FURTHER INFORMATION CONTACT: Mary Messer (202–205–3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearingimpaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for this review may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.— On September 15, 1997, the Department of Commerce issued an antidumping duty order on imports of crawfish tail meat from China (62 FR 48218). Following the first fiveyear reviews by Commerce and the Commission, effective August 13, 2003, Commerce issued a continuation of the antidumping duty order on imports of crawfish tail meat from China (68 FR 48340). Following the second five-year reviews by Commerce and the Commission, effective December 11, 2008, Commerce issued a continuation of the antidumping duty order on imports of crawfish tail meat from China (73 FR 75392). The Commission is now conducting a third review to determine whether revocation of the order would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. It will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct a full review or an expedited review. The Commission’s determination in any expedited review will be based on the facts available, which may include information provided in response to this notice. Definitions.—The following definitions apply to this review: (1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year review, as defined by the Department of Commerce. (2) The Subject Country in this review is China. (3) The Domestic Like Product is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the Subject Merchandise. In its original determination, first full five-year review determination, and second expedited PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 65709 five-year review determination, the Commission defined the Domestic Like Product as crawfish tail meat, coextensive with Commerce’s scope. (4) The Domestic Industry is the U.S. producers as a whole of the Domestic Like Product, or those producers whose collective output of the Domestic Like Product constitutes a major proportion of the total domestic production of the product. In its original determination, first full five-year review determination, and second expedited five-year review determination, the Commission defined the Domestic Industry to encompass all domestic producers of crawfish tail meat, including processors but not the farmers and fishermen who harvest live crawfish. (5) An Importer is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the Subject Merchandise into the United States from a foreign manufacturer or through its selling agent. Participation in the review and public service list.—Persons, including industrial users of the Subject Merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the review as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11(b)(4) of the Commission’s rules, no later than 21 days after publication of this notice in the Federal Register. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the review. Former Commission employees who are seeking to appear in Commission five-year reviews are advised that they may appear in a review even if they participated personally and substantially in the corresponding underlying original investigation. The Commission’s designated agency ethics official has advised that a five-year review is not considered the ‘‘same particular matter’’ as the corresponding underlying original investigation for purposes of 18 U.S.C. 207, the post employment statute for Federal employees, and Commission rule 201.15(b) (19 CFR 201.15(b)), 73 FR 24609 (May 5, 2008). This advice was developed in consultation with the Office of Government Ethics. Consequently, former employees are not required to seek Commission approval to appear in a review under Commission rule 19 CFR 201.15, even if the corresponding underlying original investigation was pending when they were Commission employees. For E:\FR\FM\01NON1.SGM 01NON1

Agencies

[Federal Register Volume 78, Number 212 (Friday, November 1, 2013)]
[Notices]
[Pages 65706-65709]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26104]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-986-987 (Second Review)]


Ferrovanadium From China and South Africa; Institution of Five-
Year Reviews

AGENCY:  United States International Trade Commission.

ACTION:  Notice.

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

SUMMARY:  The Commission hereby gives notice that it has instituted 
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
1675(c)) (the Act) to determine whether revocation of the antidumping 
duty orders on ferrovanadium from China and South Africa would be 
likely to lead to continuation or recurrence of material injury. 
Pursuant to section 751(c)(2) of the Act, interested parties are 
requested to respond to this notice by submitting the information 
specified below to the Commission; \1\ to be assured of consideration, 
the deadline for responses is December 2, 2013. Comments on the 
adequacy of responses may be filed with the Commission by January 14, 
2014. For further information concerning the conduct of these reviews 
and rules of general application, consult the Commission's Rules of 
Practice and Procedure, part 201, subparts A through E (19 CFR part 
201), and part 207, subparts A, D, E, and F (19 CFR part 207).
---------------------------------------------------------------------------

    \1\ No response to this request for information is required if a 
currently valid Office of Management and Budget (OMB) number is not 
displayed; the OMB number is 3117-0016/USITC No. 14-5-299, 
expiration date June 30, 2014. Public reporting burden for the 
request is estimated to average 15 hours per response. Please send 
comments regarding the accuracy of this burden estimate to the 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436.

---------------------------------------------------------------------------
DATES: Effective: November 1, 2013.

FOR FURTHER INFORMATION CONTACT:  Mary Messer (202-205-3193), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its internet server 
(https://www.usitc.gov). The public record for these reviews may be 
viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--On January 28, 2003, the Department of Commerce issued 
antidumping duty orders on imports of ferrovanadium from China and 
South Africa (68 FR 4168 and 4169). Following the first five-year 
reviews by Commerce and the Commission, effective December 19, 2008, 
Commerce issued a continuation of the antidumping duty orders on 
imports of ferrovanadium from China and South Africa (73 FR 77609). The 
Commission is now conducting second reviews to determine whether 
revocation of the orders would be likely to lead to continuation or 
recurrence of material injury to the domestic industry within a 
reasonably foreseeable time. It will assess the adequacy of interested 
party responses to this notice of institution to determine whether to 
conduct full or expedited reviews. The Commission's determinations in 
any expedited reviews will be based on the facts available, which may 
include information provided in response to this notice.
    Definitions.--The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by the Department 
of Commerce.
    (2) The Subject Countries in these reviews are China and South 
Africa.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in

[[Page 65707]]

characteristics and uses with, the Subject Merchandise. In its original 
determinations and its first full five-year review determinations, the 
Commission found a single Domestic Like Product consisting of 
ferrovanadium of all grades coextensive with Commerce's scope.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determinations, the 
Commission defined a single Domestic Industry consisting of the U.S. 
producers of ferrovanadium, i.e., Bear Metallurgical Co. (Bear), 
Shieldalloy Metallurgical Corp. (now known as Metvan), and 
International Specialties Alloys. In its first full five-year review 
determinations, the Commission defined the Domestic Industry as all 
U.S. producers of the Domestic Like Product, namely Bear and Metvan. 
The Commission did not include tollees U.S. Vanadium Corp. (now known 
as Stratcor) and Gulf Chemical & Metallurgical Corp. in the Domestic 
Industry in its original determinations or first full five-year review 
determinations.
    (5) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the reviews and public service list.--Persons, 
including industrial users of the Subject Merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the reviews as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the reviews.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are advised that they may appear in a review even if 
they participated personally and substantially in the corresponding 
underlying original investigation. The Commission's designated agency 
ethics official has advised that a five-year review is not considered 
the ``same particular matter'' as the corresponding underlying original 
investigation for purposes of 18 U.S.C. 207, the post employment 
statute for Federal employees, and Commission rule 201.15(b) (19 CFR 
201.15(b)), 73 FR 24609 (May 5, 2008). This advice was developed in 
consultation with the Office of Government Ethics. Consequently, former 
employees are not required to seek Commission approval to appear in a 
review under Commission rule 19 CFR 201.15, even if the corresponding 
underlying original investigation was pending when they were Commission 
employees. For further ethics advice on this matter, contact Carol 
McCue Verratti, Deputy Agency Ethics Official, at 202-205-3088.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in these reviews available to authorized 
applicants under the APO issued in the reviews, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the reviews. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Certification.--Pursuant to section 207.3 of the Commission's 
rules, any person submitting information to the Commission in 
connection with these reviews must certify that the information is 
accurate and complete to the best of the submitter's knowledge. In 
making the certification, the submitter will be deemed to consent, 
unless otherwise specified, for the Commission, its employees, and 
contract personnel to use the information provided in any other reviews 
or investigations of the same or comparable products which the 
Commission conducts under Title VII of the Act, or in internal audits 
and investigations relating to the programs and operations of the 
Commission pursuant to 5 U.S.C. Appendix 3.
    Written submissions.--Pursuant to section 207.61 of the 
Commission's rules, each interested party response to this notice must 
provide the information specified below. The deadline for filing such 
responses is December 2, 2013. Pursuant to section 207.62(b) of the 
Commission's rules, eligible parties (as specified in Commission rule 
207.62(b)(1)) may also file comments concerning the adequacy of 
responses to the notice of institution and whether the Commission 
should conduct expedited or full reviews. The deadline for filing such 
comments is January 14, 2014. All written submissions must conform with 
the provisions of sections 201.8 and 207.3 of the Commission's rules 
and any submissions that contain BPI must also conform with the 
requirements of sections 201.6 and 207.7 of the Commission's rules. 
Regarding electronic filing requirements under the Commission's rules, 
see also the Commission's Handbook on E-Filing, available on the 
Commission's Web site at https://edis.usitc.gov. Also, in accordance 
with sections 201.16(c) and 207.3 of the Commission's rules, each 
document filed by a party to the reviews must be served on all other 
parties to the reviews (as identified by either the public or APO 
service list as appropriate), and a certificate of service must 
accompany the document (if you are not a party to the reviews you do 
not need to serve your response).
    Inability to provide requested information.--Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in 
making its determinations in the reviews.
    Information To Be Provided in Response To This Notice of 
Institution: If you are a domestic producer, union/worker group, or 
trade/business association; import/export Subject Merchandise from more 
than one Subject Country; or produce Subject Merchandise in more than 
one Subject Country, you may file a single response. If you do so, 
please ensure that your response to each question includes the 
information requested for each pertinent Subject Country. As used 
below, the term ``firm'' includes any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is a U.S. 
producer of the Domestic Like Product, a U.S. union

[[Page 65708]]

or worker group, a U.S. importer of the Subject Merchandise, a foreign 
producer or exporter of the Subject Merchandise, a U.S. or foreign 
trade or business association, or another interested party (including 
an explanation). If you are a union/worker group or trade/business 
association, identify the firms in which your workers are employed or 
which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in these reviews by providing information requested by the 
Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping duty orders on the Domestic Industry in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of subject imports, likely price effects of 
subject imports, and likely impact of imports of Subject Merchandise on 
the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in 
each Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries after 2007.
    (7) A list of 3-5 leading purchasers in the U.S. market for the 
Domestic Like Product and the Subject Merchandise (including street 
address, World Wide Web address, and the name, telephone number, fax 
number, and Email address of a responsible official at each firm).
    (8) A list of known sources of information on national or regional 
prices for the Domestic Like Product or the Subject Merchandise in the 
U.S. or other markets.
    (9) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 2012, except as noted (report quantity 
data in pounds of contained vanadium and value data in U.S. dollars, 
f.o.b. plant). If you are a union/worker group or trade/business 
association, provide the information, on an aggregate basis, for the 
firms in which your workers are employed/which are members of your 
association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) capacity (quantity) of your firm to produce the Domestic Like 
Product (i.e., the level of production that your establishment(s) could 
reasonably have expected to attain during the year, assuming normal 
operating conditions (using equipment and machinery in place and ready 
to operate), normal operating levels (hours per week/weeks per year), 
time for downtime, maintenance, repair, and cleanup, and a typical or 
representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject 
Country(ies), provide the following information on your firm's(s') 
operations on that product during calendar year 2012 (report quantity 
data in pounds of contained vanadium and value data in U.S. dollars). 
If you are a trade/business association, provide the information, on an 
aggregate basis, for the firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping duties) of U.S. imports and, if known, an estimate of the 
percentage of total U.S. imports of Subject Merchandise from each 
Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. commercial shipments of Subject Merchandise imported 
from each Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. internal consumption/company transfers of Subject 
Merchandise imported from each Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Country(ies), provide the following information on your 
firm's(s') operations on that product during calendar year 2012 (report 
quantity data in pounds of contained vanadium and value data in U.S. 
dollars, landed and duty-paid at the U.S. port but not including 
antidumping duties). If you are a trade/business association, provide 
the information, on an aggregate basis, for the firms which are members 
of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in each Subject 
Country accounted for by your firm's(s') production;
    (b) capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in each Subject Country (i.e., the level of production that 
your establishment(s) could reasonably have expected to attain during 
the year, assuming normal operating conditions (using equipment and 
machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) The quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from each Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in each Subject Country after 2007, and significant 
changes, if any, that are likely to occur within a reasonably 
foreseeable time. Supply conditions to consider include technology; 
production methods; development efforts; ability to increase production 
(including the shift of production facilities used for other products 
and the use, cost, or availability of major inputs into production); 
and factors related to the ability to shift supply among different 
national markets (including barriers to importation in foreign markets 
or changes in market demand abroad). Demand conditions to consider 
include end uses and applications; the existence and availability of 
substitute products; and the level of competition among the Domestic 
Like Product produced in the United States, Subject Merchandise 
produced in each Subject Country, and such merchandise from other 
countries.
    (13) (OPTIONAL) A statement of whether you agree with the above

[[Page 65709]]

definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority: These reviews are being conducted under authority of 
Title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.61 of the Commission's rules.

    By order of the Commission.

    Issued: October 29, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-26104 Filed 10-31-13; 8:45 am]
BILLING CODE 7020-02-P
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