Ferrovanadium From the Republic of Korea: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination and Extension of Provisional Measures, 75806-75808 [2016-26363]
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Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices
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[FR Doc. 2016–26273 Filed 10–31–16; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–886]
Ferrovanadium From the Republic of
Korea: Affirmative Preliminary
Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) preliminarily
determines that imports of
ferrovanadium from the Republic of
Korea (‘‘Korea’’) are being, or are likely
to be, sold in the United States at less
than fair value (‘‘LTFV’’). The period of
investigation (‘‘POI’’) is January 1, 2015,
through December 31, 2015. The
estimated weighted-average dumping
margins of sales at LTFV are shown in
the ‘‘Preliminary Determination’’
section of this notice. Interested parties
are invited to comment on this
preliminary determination.
DATES: Effective November 1, 2016.
FOR FURTHER INFORMATION CONTACT:
Karine Gziryan at (202) 482–4081 or Eli
Lovely at (202) 482–1593; AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department published the notice
of initiation of this investigation on
April 18, 2016.1 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision Memorandum
that is dated concurrently with this
determination and is hereby adopted by
1 See Ferrovanadium from the Republic of Korea:
Initiation of Less-Than-Fair-Value Investigation, 81
FR 24059 (April 18, 2016) (‘‘Initiation Notice’’).
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
this notice.2 A list of topics included in
the Preliminary Decision Memorandum
is included as Appendix II to this
notice. The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).
ACCESS is available to registered users
at https://access.trade.gov, and to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be found at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is ferrovanadium from
Korea. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation,’’ in
Appendix I of this notice.
Scope Comments
The Initiation Notice set aside a
period of time for parties to raise issues
regarding product coverage (i.e.,
‘‘scope’’).3 No interested parties
commented on the scope of the
investigation, as it appeared in the
Initiation Notice.
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Tariff Act of 1930 (‘‘the Act’’).
For, Korvan, export prices have been
calculated in accordance with section
772(a) of the Act. Normal value (‘‘NV’’)
has been calculated in accordance with
section 773 of the Act. The other two
mandatory respondents in this
investigation,4 Woojin and Fortune,
failed to respond to the Department’s
questionnaire or otherwise participate
in the investigation. Thus, we
preliminarily determine to apply facts
otherwise available with an adverse
inference to these respondents pursuant
2 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance ‘‘Decision
Memorandum for the Preliminary Determination in
the Less-Than-Fair Value Investigation of
Ferrovanadium from the Republic of Korea’’
(‘‘Preliminary Decision Memorandum’’), dated
concurrently with this notice.
3 See Initiation Notice, 81 FR 24060.
4 Korvan Ind. Co., Ltd. (‘‘Korvan’’), Woojin Ind.
Co., Ltd. (‘‘Woojin’’), and Fortune Metallurgical
Group Co., Ltd. (‘‘Fortune’’) are the mandatory
respondents in this investigation.
E:\FR\FM\01NON1.SGM
01NON1
Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices
to sections 776(a) and (b) of the Act. For
a full description of the methodology
underlying our preliminary
determination, see the Preliminary
Decision Memorandum.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated all-others
rate shall be equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis dumping margins,
and any dumping margins determined
entirely under section 776 of the Act.
Korvan is the only participating
mandatory respondent in this
investigation. The Department
calculated a company-specific dumping
margin for Korvan which is not zero, de
minimis or based entirely on facts
available. Therefore, for purposes of
determining the ‘‘all-others’’ rate and
pursuant to section 735(c)(5)(A) of the
Act, we are assigning the weightedaverage dumping margin calculated for
Korvan to all other producers and
exporters of the merchandise under
consideration.
cash deposit for the mandatory
respondents listed above will be the
respondent-specific weighted-average
dumping margin listed for the
respondent in the table above; (2) if the
exporter is not a mandatory respondent
identified above, but the producer is,
the cash deposit rate will be the
weighted-average dumping margin
established for the producer of the
subject merchandise; and (3) the rate for
all other producers or exporters will be
the all others rate listed in the table
above.5
Disclosure and Public Comment
We intend to disclose the calculations
that we performed in this investigation
to interested parties in this proceeding
within five days after the date of public
announcement of the preliminary
determination in accordance with 19
CFR 351.224(b). Interested parties are
invited to comment on this preliminary
determination. Case briefs or other
written comments may be submitted to
the Assistant Secretary for Enforcement
and Compliance no later than seven
days after the date on which the final
verification report is issued in this
proceeding, and rebuttal briefs, limited
to issues raised in case briefs, may be
Preliminary Determination
submitted no later than five days after
The Department preliminarily
the deadline for case briefs.6 Pursuant to
determines that the following weighted- 19 CFR 351.309(c)(2) and (d)(2), parties
average dumping margins exist:
who submit case briefs or rebuttal briefs
in this proceeding are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
Weightedsummary of the argument; and (3) a
average
Exporter/Producer
table of authorities. All documents must
margin
be filed electronically by the due date
%
using ACCESS.
Fortune Metallurgical Group
Pursuant to 19 CFR 351.310(c),
Co., Ltd. ............................
54.69 interested parties who wish to request a
Korvan Ind. Co., Ltd. ............
4.48 hearing must submit a written request
Woojin Ind. Co., Ltd. .............
54.69
for a hearing to the Assistant Secretary
All-Others ..............................
4.48
for Enforcement and Compliance, U.S.
Department of Commerce. An
Suspension of Liquidation
electronically-filed request for a hearing
In accordance with section 733(d)(2)
must be received successfully in its
of the Act, we will direct U.S. Customs
entirety by ACCESS by 5:00 p.m.
and Border Protection (‘‘CBP’’) to
Eastern Time, within 30 days after the
suspend liquidation of all entries of
date of publication of this notice.7
ferrovanadium from the Republic of
Hearing requests should contain the
Korea, as described in the scope of the
party’s name, address, and telephone
investigation, that are entered, or
number, the number of participants, and
withdrawn from warehouse, for
a list of the issues to be discussed. If a
consumption on or after the date of
request for a hearing is made, the
publication of this notice in the Federal Department intends to hold the hearing
Register. These suspension of
at the U.S. Department of Commerce,
liquidation instructions will remain in
5 See Modification of Regulations Regarding the
effect until further notice.
Pursuant to section 733(d) of the Act
Practice of Accepting Bonds During the Provisional
and 19 CFR 351.205(d), we will instruct Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
CBP to require cash deposits equal to
(October 3, 2011).
the weighted-average amount by which
6 See 19 CFR 351.309; see also 19 CFR 351.303
the NV exceeds U.S. price, as indicated
(for general filing requirements).
7 See 19 CFR 351.310(c).
in the table above, as follows: (1) The
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Fmt 4703
Sfmt 4703
75807
1401 Constitution Avenue NW.,
Washington, DC 20230, at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Verification
As provided in section 782(i) of the
Act, we intend to verify the information
that will be relied upon in making our
final determination.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by petitioners. 19
CFR 351.210(e)(2) requires that requests
by respondents for postponement of a
final antidumping determination be
accompanied by a request for extension
of provisional measures from a fourmonth period to a period not more than
six months in duration.
On September 23, 2016, pursuant to
19 CFR 351.210(e) and (e)(2), Korvan
requested that the Department postpone
the final determination and that
provisional measures be extended to a
period not to exceed six months.8
Therefore, in accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) Our
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, we are postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, we will make our
final determination no later than 135
days after the date of publication of this
preliminary determination, pursuant to
section 735(a)(2) of the Act.9
International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 733(f) of
the Act, we will notify the ITC of our
affirmative preliminary determination of
8 See Letter to the Secretary of Commerce from
Korvan ‘‘Ferrovanadium from the Republic of
Korea: Korvan’s Request to Extend the Final
Determination,’’ dated September 23, 2016.
9 See also 19 CFR 351.210(e).
E:\FR\FM\01NON1.SGM
01NON1
75808
Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices
sales at LTFV. If our final determination
is affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after our final determination
whether these imports are materially
injuring, or threaten material injury to,
the U.S. industry.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: October 25, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
Scope of the Investigation
The product covered by this investigation
is all ferrovanadium regardless of grade (i.e.,
percentage of contained vanadium),
chemistry, form, shape, or size.
Ferrovanadium is an alloy of iron and
vanadium. Ferrovanadium is classified under
Harmonized Tariff Schedule of the United
States (HTSUS) item number 7202.92.0000.
Although this HTSUS item number is
provided for convenience and Customs
purposes, the written description of the
scope of the investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum:
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Preliminary
Determination
V. Postponement of Final Determination and
Extension of Provisional Measures
VI. Scope of the Investigation
VII. Scope Comments
VIII. Selection of Respondents
IX. Discussion of Methodology
A. Application of Facts Available
B. Corroboration of Secondary Information
C. All Others Rate
D. Fair Value Comparisons
1. Determination of the Comparison
Method
2. Results of the Differential Pricing
Analysis
E. Date of Sale
F. U.S. Price
G. Normal Value
1. Comparison-Market Viability
2. Level of Trade
3. Calculation of Normal Value Based on
Comparison Market Prices
4. Calculation of NV Based on CV
H. Cost of Production
1. Cost Averaging Methodology
a. Significance of Cost Changes
b. Linkage Between Sales and Cost Sales
Information
2. Calculation of COP
3. Test of Comparison Market Sales Prices
4. Results of the COP Test
X. Currency Conversion
XI. Verification
XII. Recommendation
[FR Doc. 2016–26363 Filed 10–31–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Five-Year (‘‘Sunset’’)
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In accordance with section
751(c) of the Tariff Act of 1930, as
amended (‘‘the Act’’), the Department of
Commerce (‘‘the Department’’) is
automatically initiating the five-year
reviews (‘‘Sunset Reviews’’) of the
antidumping and countervailing duty
(‘‘AD/CVD’’) order(s) listed below. The
International Trade Commission (‘‘the
AGENCY:
Commission’’) is publishing
concurrently with this notice its notice
of Institution of Five-Year Review which
covers the same order(s).
DATES:
The
Department official identified in the
Initiation of Review section below at
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
For information from the Commission
contact Mary Messer, Office of
Investigations, U.S. International Trade
Commission at (202) 205–3193.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
The Department’s procedures for the
conduct of Sunset Reviews are set forth
in its Procedures for Conducting FiveYear (‘‘Sunset’’) Reviews of
Antidumping and Countervailing Duty
Orders, 63 FR 13516 (March 20, 1998)
and 70 FR 62061 (October 28, 2005).
Guidance on methodological or
analytical issues relevant to the
Department’s conduct of Sunset
Reviews is set forth in Antidumping
Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain
Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14,
2012).
Initiation of Review
In accordance with 19 CFR
351.218(c), we are initiating Sunset
Reviews of the following antidumping
and countervailing duty order(s):
DOC Case No.
ITC Case No.
Country
Product
A–580–815 ............
731–TA–461 .........
Japan ....................
A–570–822 ............
731–TA–624 .........
PRC ......................
A–570–970 ............
731–TA–1179 .......
PRC ......................
C–570–971 ............
701–TA–476 .........
PRC ......................
A–580–810 ............
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Effective Date: (November 1,
2016).
731–TA–540 .........
Republic of Korea
A–821–801 ............
A–583–820 ............
731–TA–340–E .....
731–TA–625 .........
Russia ...................
Taiwan ..................
A–583–815 ............
731–TA–541 .........
Taiwan ..................
A–823–801 ............
731–TA–340–H ....
Ukraine .................
Gray Portland Cement and Cement
Clinker (4th Review).
Helical Spring Lock Washers (4th Review).
Multilayered Wood Flooring (1st Review).
Multilayered Wood Flooring (1st Review).
Welded ASTM A–312 Stainless Steel
Pipe (4th Review).
Solid Urea (4th Review) ......................
Helical Spring Lock Washers (4th Review).
Welded ASTM A–312 Stainless Steel
Pipe (4th Review).
Solid Urea (4th Review) ......................
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00:01 Nov 01, 2016
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Department contact
David Goldberger (202) 482–4136.
David Goldberger (202) 482–4136.
Matthew Renkey 202–482–2312.
David Goldberger (202) 482–4136.
Jaqueline Arrowsmith (202) 482–
5255.
David Goldberger (202) 482–4136.
David Goldberger (202) 482–4136.
Jaqueline Arrowsmith (202) 482–
5255.
David Goldberger (202) 482–4136.
01NON1
]]>Agencies
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Notices]
[Pages 75806-75808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26363]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-886]
Ferrovanadium From the Republic of Korea: Affirmative Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') preliminarily
determines that imports of ferrovanadium from the Republic of Korea
(``Korea'') are being, or are likely to be, sold in the United States
at less than fair value (``LTFV''). The period of investigation
(``POI'') is January 1, 2015, through December 31, 2015. The estimated
weighted-average dumping margins of sales at LTFV are shown in the
``Preliminary Determination'' section of this notice. Interested
parties are invited to comment on this preliminary determination.
DATES: Effective November 1, 2016.
FOR FURTHER INFORMATION CONTACT: Karine Gziryan at (202) 482-4081 or
Eli Lovely at (202) 482-1593; AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice of initiation of this
investigation on April 18, 2016.\1\ For a complete description of the
events that followed the initiation of this investigation, see the
Preliminary Decision Memorandum that is dated concurrently with this
determination and is hereby adopted by this notice.\2\ A list of topics
included in the Preliminary Decision Memorandum is included as Appendix
II to this notice. The Preliminary Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (``ACCESS''). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, room
B8024 of the main Department of Commerce building. In addition, a
complete version of the Preliminary Decision Memorandum can be found at
https://enforcement.trade.gov/frn/. The signed Preliminary Decision
Memorandum and the electronic version of the Preliminary Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Ferrovanadium from the Republic of Korea: Initiation of
Less-Than-Fair-Value Investigation, 81 FR 24059 (April 18, 2016)
(``Initiation Notice'').
\2\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance ``Decision Memorandum for the Preliminary Determination
in the Less-Than-Fair Value Investigation of Ferrovanadium from the
Republic of Korea'' (``Preliminary Decision Memorandum''), dated
concurrently with this notice.
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is ferrovanadium from
Korea. For a full description of the scope of this investigation, see
the ``Scope of the Investigation,'' in Appendix I of this notice.
Scope Comments
The Initiation Notice set aside a period of time for parties to
raise issues regarding product coverage (i.e., ``scope'').\3\ No
interested parties commented on the scope of the investigation, as it
appeared in the Initiation Notice.
---------------------------------------------------------------------------
\3\ See Initiation Notice, 81 FR 24060.
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Tariff Act of 1930 (``the Act''). For, Korvan,
export prices have been calculated in accordance with section 772(a) of
the Act. Normal value (``NV'') has been calculated in accordance with
section 773 of the Act. The other two mandatory respondents in this
investigation,\4\ Woojin and Fortune, failed to respond to the
Department's questionnaire or otherwise participate in the
investigation. Thus, we preliminarily determine to apply facts
otherwise available with an adverse inference to these respondents
pursuant
[[Page 75807]]
to sections 776(a) and (b) of the Act. For a full description of the
methodology underlying our preliminary determination, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\4\ Korvan Ind. Co., Ltd. (``Korvan''), Woojin Ind. Co., Ltd.
(``Woojin''), and Fortune Metallurgical Group Co., Ltd.
(``Fortune'') are the mandatory respondents in this investigation.
---------------------------------------------------------------------------
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any zero and de minimis
dumping margins, and any dumping margins determined entirely under
section 776 of the Act. Korvan is the only participating mandatory
respondent in this investigation. The Department calculated a company-
specific dumping margin for Korvan which is not zero, de minimis or
based entirely on facts available. Therefore, for purposes of
determining the ``all-others'' rate and pursuant to section
735(c)(5)(A) of the Act, we are assigning the weighted-average dumping
margin calculated for Korvan to all other producers and exporters of
the merchandise under consideration.
Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
Exporter/Producer average
margin %
------------------------------------------------------------------------
Fortune Metallurgical Group Co., Ltd.................... 54.69
Korvan Ind. Co., Ltd.................................... 4.48
Woojin Ind. Co., Ltd.................................... 54.69
All-Others.............................................. 4.48
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we will direct
U.S. Customs and Border Protection (``CBP'') to suspend liquidation of
all entries of ferrovanadium from the Republic of Korea, as described
in the scope of the investigation, that are entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. These suspension of liquidation
instructions will remain in effect until further notice.
Pursuant to section 733(d) of the Act and 19 CFR 351.205(d), we
will instruct CBP to require cash deposits equal to the weighted-
average amount by which the NV exceeds U.S. price, as indicated in the
table above, as follows: (1) The cash deposit for the mandatory
respondents listed above will be the respondent-specific weighted-
average dumping margin listed for the respondent in the table above;
(2) if the exporter is not a mandatory respondent identified above, but
the producer is, the cash deposit rate will be the weighted-average
dumping margin established for the producer of the subject merchandise;
and (3) the rate for all other producers or exporters will be the all
others rate listed in the table above.\5\
---------------------------------------------------------------------------
\5\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
---------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations that we performed in this
investigation to interested parties in this proceeding within five days
after the date of public announcement of the preliminary determination
in accordance with 19 CFR 351.224(b). Interested parties are invited to
comment on this preliminary determination. Case briefs or other written
comments may be submitted to the Assistant Secretary for Enforcement
and Compliance no later than seven days after the date on which the
final verification report is issued in this proceeding, and rebuttal
briefs, limited to issues raised in case briefs, may be submitted no
later than five days after the deadline for case briefs.\6\ Pursuant to
19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or
rebuttal briefs in this proceeding are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities. All documents must be filed
electronically by the due date using ACCESS.
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\6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request for a hearing to the
Assistant Secretary for Enforcement and Compliance, U.S. Department of
Commerce. An electronically-filed request for a hearing must be
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern
Time, within 30 days after the date of publication of this notice.\7\
Hearing requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing is made, the Department
intends to hold the hearing at the U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington, DC 20230, at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\7\ See 19 CFR 351.310(c).
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Verification
As provided in section 782(i) of the Act, we intend to verify the
information that will be relied upon in making our final determination.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
petitioners. 19 CFR 351.210(e)(2) requires that requests by respondents
for postponement of a final antidumping determination be accompanied by
a request for extension of provisional measures from a four-month
period to a period not more than six months in duration.
On September 23, 2016, pursuant to 19 CFR 351.210(e) and (e)(2),
Korvan requested that the Department postpone the final determination
and that provisional measures be extended to a period not to exceed six
months.\8\ Therefore, in accordance with section 735(a)(2)(A) of the
Act and 19 CFR 351.210(b)(2)(ii), because: (1) Our preliminary
determination is affirmative; (2) the requesting exporter accounts for
a significant proportion of exports of the subject merchandise; and (3)
no compelling reasons for denial exist, we are postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, we will
make our final determination no later than 135 days after the date of
publication of this preliminary determination, pursuant to section
735(a)(2) of the Act.\9\
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\8\ See Letter to the Secretary of Commerce from Korvan
``Ferrovanadium from the Republic of Korea: Korvan's Request to
Extend the Final Determination,'' dated September 23, 2016.
\9\ See also 19 CFR 351.210(e).
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International Trade Commission (``ITC'') Notification
In accordance with section 733(f) of the Act, we will notify the
ITC of our affirmative preliminary determination of
[[Page 75808]]
sales at LTFV. If our final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after our final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: October 25, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The product covered by this investigation is all ferrovanadium
regardless of grade (i.e., percentage of contained vanadium),
chemistry, form, shape, or size. Ferrovanadium is an alloy of iron
and vanadium. Ferrovanadium is classified under Harmonized Tariff
Schedule of the United States (HTSUS) item number 7202.92.0000.
Although this HTSUS item number is provided for convenience and
Customs purposes, the written description of the scope of the
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum:
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Preliminary Determination
V. Postponement of Final Determination and Extension of Provisional
Measures
VI. Scope of the Investigation
VII. Scope Comments
VIII. Selection of Respondents
IX. Discussion of Methodology
A. Application of Facts Available
B. Corroboration of Secondary Information
C. All Others Rate
D. Fair Value Comparisons
1. Determination of the Comparison Method
2. Results of the Differential Pricing Analysis
E. Date of Sale
F. U.S. Price
G. Normal Value
1. Comparison-Market Viability
2. Level of Trade
3. Calculation of Normal Value Based on Comparison Market Prices
4. Calculation of NV Based on CV
H. Cost of Production
1. Cost Averaging Methodology
a. Significance of Cost Changes
b. Linkage Between Sales and Cost Sales Information
2. Calculation of COP
3. Test of Comparison Market Sales Prices
4. Results of the COP Test
X. Currency Conversion
XI. Verification
XII. Recommendation
[FR Doc. 2016-26363 Filed 10-31-16; 8:45 am]
BILLING CODE 3510-DS-P
