Ferrovanadium From the Republic of Korea: Final Determination of Sales at Less Than Fair Value, 14874-14876 [2017-05808]
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14874
Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices
Subsidy rate
(percent
ad valorem)
Company
*
*
*
*
*
Shandong Huayou Chemistry Co., Ltd .....................................................................................................................................
Shandong Xintai Water Treatment Technology .......................................................................................................................
Zaozhuang Fuxing Water Treatment Technology ....................................................................................................................
Zaozhuang YouBang Chemicals Co., Ltd ................................................................................................................................
Zouping Dongfang Chemical Industry Co., Ltd ........................................................................................................................
54.11
54.11
54.11
54.11
54.11
* Non-cooperative company to which an adverse facts available rate is being applied. See ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ section in the Issues and Decisions Memorandum.
access to all privileged and business
proprietary information in our files,
provided the ITC confirms that it will
not disclose such information, either
publicly or under an administrative
protective order (APO), without the
written consent of the Assistant
Secretary for Enforcement and
Compliance.
Disclosure
We intend to disclose to parties in
this proceeding the calculations
performed for this final determination
within five days of the date of public
announcement of our final
determination, in accordance with 19
CFR 351.224(b).
Suspension of Liquidation
sradovich on DSK3GMQ082PROD with NOTICES
As a result of our Preliminary
Determination and pursuant to section
703(d) of the Act, we instructed U.S.
Customs and Border Protection (CBP) to
suspend liquidation of all entries of
HEDP from the PRC, that were entered,
or withdrawn from warehouse, for
consumption on or after September 8,
2016, the date of the publication of the
Preliminary Determination in the
Federal Register. In accordance with
section 703(d) of the Act, we instructed
CBP to discontinue the suspension of
liquidation for CVD purposes for subject
merchandise entered, or withdrawn
from warehouse, on or after January 6,
2017, but to continue the suspension of
liquidation of all entries from
September 8, 2016, through January 5,
2017.
If the U.S. International Trade
Commission (ITC) issues a final
affirmative injury determination, we
will issue a CVD order and reinstate the
suspension of liquidation under section
706(a) of the Act, requiring a cash
deposit of estimated CVDs for such
entries of subject merchandise in the
amounts indicated above. If the ITC
determines that material injury, or
threat of material injury, does not exist,
this proceeding will be terminated and
all estimated duties deposited or
securities posted as a result of the
suspension of liquidation will be
refunded or canceled.
International Trade Commission
Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information relating to this
investigation. We will allow the ITC
VerDate Sep<11>2014
17:13 Mar 22, 2017
Jkt 241001
Return or Destruction of Proprietary
Information
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an APO of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or,
alternatively, conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation that
is subject to sanction.
This determination is published
pursuant to sections 705(d) and 777(i) of
the Act.
Dated: March 20, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Subsidy Valuation
VI. Benchmarks and Discount Rates
VII. Use of Facts Otherwise Available and
Adverse Inferences
VIII. Analysis of Programs
IX. Analysis of Comments
Comment 1: Electricity for LTAR
Calculation
Comment 2: Whether the Department
Should Find Wujin Water To Be CrossOwned With Nantong Uniphos
X. Recommendation
Appendix II
The merchandise covered by this
investigation includes all grades of aqueous
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acidic (non-neutralized) concentrations of
HEDP, also referred to as
hydroxyethylidenendiphosphonic acid,
hydroxyethanediphosphonic acid,
acetodiphosphonic acid, and etidronic acid.
The Chemical Abstract Service (CAS) registry
number for HEDP is 2809–21–4.
The merchandise subject to this
investigation is currently classified in the
Harmonized Tariff Schedule of the United
States (HTSUS) at subheading 2931.90.9043.
It may also enter under HTSUS subheadings
281.19.6090 and 2931.90.9041. While HTSUS
subheadings and the CAS registry number are
provided for convenience and customs
purposes only, the written description of the
scope of this investigation is dispositive.
[FR Doc. 2017–05804 Filed 3–22–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–886]
Ferrovanadium From the Republic of
Korea: Final Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) determines that
imports of ferrovanadium from the
Republic of Korea are being, or are
likely to be, sold in the United States at
less than fair value (‘‘LTFV’’). The final
estimated weighted-average dumping
margins of sales at LTFV are listed
below in the section entitled ‘‘Final
Determination Dumping Margins.’’ The
period of investigation (‘‘POI’’) is
January 1, 2015, through December 31,
2015.
DATES: Effective March 23, 2017.
FOR FURTHER INFORMATION CONTACT:
Karine Gziryan or Eli Lovely, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–4081 or (202) 482–1593.
SUPPLEMENTARY INFORMATION:
AGENCY:
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14875
Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices
Background
The Department published in the
Federal Register the Preliminary
Determination on November 1, 2016.1 A
summary of the events that have
occurred since the Department
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum.2 The Issues and 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 is
available to all parties in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
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.
sradovich on DSK3GMQ082PROD with NOTICES
Use of Adverse Facts Available
(‘‘AFA’’)
As noted in the Preliminary
Determination, two of the three
mandatory respondents in this
investigation, Woojin Industry Co., Ltd.
(‘‘Woojin’’), and Fortune Metallurgical
Group Co., Ltd. (‘‘Fortune’’), failed to
respond to the Department’s
1 See 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, 81 FR 75806 (November 1, 2016)
(‘‘Preliminary Determination’’).
2 See Memorandum from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Ronald K. Lorentzen Acting Assistant Secretary
for Enforcement and Compliance ‘‘Ferrovanadium
from the Republic of Korea: Issues and Decision
Memorandum for the Final Determination of Sales
at Less-Than-Fair-Value,’’ dated concurrently with
this notice (‘‘Issues and Decision Memorandum’’).
VerDate Sep<11>2014
17:13 Mar 22, 2017
Jkt 241001
questionnaire or otherwise participate
in the investigation. Therefore, we
preliminarily based their dumping
margins on facts otherwise available
with an adverse inference, pursuant to
sections 776(a) and (b) of the Tariff Act
of 1930, as amended (‘‘the Act’’) and
assigned to them the petition dumping
margin of 54.69 percent.3 No parties
commented on this preliminary
decision. For this final determination,
we have continued to assign Fortune
and Woojin a dumping margin of 54.69
percent as AFA.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in the Issues and Decision
Memorandum accompanying this
notice, which is hereby adopted by this
notice. A list of the issues addressed in
the Issues and Decision Memorandum is
attached to this notice in the Appendix.
Verification
As provided in section 782(i) of the
Act, in November 2016, the Department
verified the sales and cost data reported
by Korvan Ind., Co., Ltd. (‘‘Korvan’’), the
sole cooperating mandatory respondent
in this investigation. We used standard
verification procedures, including an
examination of relevant accounting and
production records, and original source
documents provided by Korvan.
participating mandatory respondent in
this investigation.
Final Determination Dumping Margins
The Department determines that the
following estimated weighted-average
dumping margins exist:
Exporter/producer
Weightedaverage
dumping
margins
(percent)
Fortune Metallurgical Group
Co., Ltd .............................
Korvan Ind. Co., Ltd .............
Woojin Ind. Co., Ltd ..............
All-Others ..............................
54.69
3.22
54.69
3.22
Disclosure
We intend to disclose to parties in
this proceeding the calculations
performed for this final determination
within five days of the date of public
announcement of our final
determination, in accordance with 19
CFR 351.224(b).
Continuation of Suspension of
Liquidation
Section 735(c)(5)(A) of the Act
provides that the estimated ‘‘all-others’’
rate shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero or de minimis dumping margins,
and any dumping margins determined
entirely under section 776 of the Act.
We based our calculation of the ‘‘allothers’’ rate on the dumping margin
calculated for Korvan, the only
Pursuant to section 735(c)(1)(B) of the
Act, the Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to continue to suspend liquidation of all
entries of ferrovanadium from the
Republic of Korea which were entered,
or withdrawn from warehouse, for
consumption on or after November 1,
2016, the date of publication of the
Preliminary Determination. 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 normal value 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.4
3 See 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, 81 FR 75806 (November 1, 2016).
4 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).
Changes to the Dumping Margin
Calculations Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the dumping margin calculation for
Korvan. For a discussion of these
changes, see the Issues and Decision
Memorandum.
All-Others Rate
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14876
Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the U.S.
International Trade Commission (‘‘ITC’’)
of our final determination. As our final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will determine within 45
days of the final determination whether
the domestic industry in the United
States is materially injured, or
threatened with material injury, by
reason of imports, or sales (or the
likelihood of sales) for importation, of
the subject merchandise. If the ITC
determines that such injury exists, the
Department will issue an antidumping
duty order directing CBP to assess, upon
further-instruction by the Department,
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Orders (‘‘APOs’’)
This notice will serve as a reminder
to parties subject to APOs of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the-regulations
and the terms of an APO is a
sanctionable violation.
This determination and notice are
issued and published in accordance
with sections 735(d) and 777(i) of the
Act.
Dated: March 16, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
sradovich on DSK3GMQ082PROD with NOTICES
Appendix
List of Topics in the Issues and Decision
Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Investigation
V. Discussion of the Issues
Comment 1: Whether the Department
Should Use Contract Date as the Date of
Sale for Korvan’s Sales to one of its U.S.
Customers
Comment 2: Duty Drawback
Comment 3: Whether the Department
Should Continue to Treat Korvan’s
Separate Home Market Sale of KorvanProduced and Korvan-Purchased
Ferrovanadium as a Separate Sales
Comment 4: Whether the Department
Should Apply Its Standard Average-To-
VerDate Sep<11>2014
17:13 Mar 22, 2017
Jkt 241001
Average Method Calculating the Margin
in the Final Determination
Comment 5: Whether the Department Made
Certain Ministerial Errors in its
Calculations
Comment 6: General and administrative
(G&A) Expenses
Comment 7: Financial Expenses
Comment 8: Whether to Continue to Apply
a Quarterly Cost Methodology
V. Recommendation
[FR Doc. 2017–05808 Filed 3–22–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–045]
1-Hydroxyethylidene-1, 1Diphosphonic Acid From the People’s
Republic of China: Final Determination
of Sales at Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) determines that 1Hydroxyethylidene-1, 1-Diphosphonic
Acid (HEDP) from the People’s Republic
of China (PRC) is being, or is likely to
be, sold in the United States at less than
fair value (LTFV). The final weightedaverage dumping margins for the
investigation on HEDP from the PRC are
listed in the ‘‘Final Determination
Margins’’ section of this notice.
DATES: Effective March 23, 2017.
FOR FURTHER INFORMATION CONTACT:
Omar Qureshi or Kenneth Hawkins, AD/
CVD Operations, Office V, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–5307 or (202) 482–6491,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Period of Investigation
The period of investigation (POI) is
July 1, 2015, through December 31,
2015. This period corresponds to the
two most recent fiscal quarters prior to
the month of the filing of the petition,
which was January 2016.3
Scope of the Investigation
The merchandise covered by this
investigation includes all grades of
aqueous acidic (non-neutralized)
concentrations of 1-hydroxyethylidene1, 1-diphosphonic acid (HEDP), also
referred to as
hydroxyethylidenendiphosphonic acid,
hydroxyethanediphosphonic acid,
acetodiphosphonic acid, and etidronic
acid. The Chemical Abstract Service
(CAS) registry number for HEDP is
2809–21–4.
The merchandise subject to this
investigation is currently classified in
the Harmonized Tariff Schedule of the
United States (HTSUS) at subheading
2931.90.9043. It may also enter under
HTSUS subheadings 2811.19.6090 and
2931.90.9041. While HTSUS
subheadings and the CAS registry
number are provided for convenience
and customs purposes only, the written
description of the scope of this
investigation is dispositive.
Background
On November 4, 2016, the Department
published its Preliminary
Determination.1 We invited interested
parties to comment on our Preliminary
Determination of sales at LTFV. For a
list of the parties that filed case and
rebuttal briefs, see the Issues and
Decision Memorandum.2
Analysis of Comments Received
We addressed all issues raised by
parties in case and rebuttal briefs in the
Issues and Decision Memorandum.4 The
Appendix to this notice includes a list
of the issues which the parties raised
and to which the Department responded
in the Issues and Decision
Memorandum. The Issues and 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. The Issues
and Decision Memorandum is available
to all parties in the Central Records
Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum is
available at https://
enforcement.trade.gov/frn/.
The signed and electronic versions of
1 See 1-Hydroxyethylidene-1, 1-Diphosphonic
Acid from the People’s Republic of China:
Affirmative Preliminary Determination of Sales at
Less Than Fair Value, and Postponement of Final
Determination, 81 FR 76916 (November 4, 2016)
(Preliminary Determination) and accompanying
Preliminary Decision Memorandum.
2 See Memorandum from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Ronald K. Lorentzen, Acting Assistant Secretary
for Enforcement and Compliance, ‘‘Issues and
Decision Memorandum for the Final Determination
of the Less-Than-Fair-Value Investigation of 1Hydroxyethylidene-1, 1-Diphosphonic Acid from
the People’s Republic of China,’’ dated concurrently
with this notice (Issues and Decision
Memorandum).
3 See 19 CFR 351.204(b)(1).
4 See Issues and Decision Memorandum.
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Agencies
[Federal Register Volume 82, Number 55 (Thursday, March 23, 2017)]
[Notices]
[Pages 14874-14876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05808]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-886]
Ferrovanadium From the Republic of Korea: Final Determination of
Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') determines
that imports of ferrovanadium from the Republic of Korea are being, or
are likely to be, sold in the United States at less than fair value
(``LTFV''). The final estimated weighted-average dumping margins of
sales at LTFV are listed below in the section entitled ``Final
Determination Dumping Margins.'' The period of investigation (``POI'')
is January 1, 2015, through December 31, 2015.
DATES: Effective March 23, 2017.
FOR FURTHER INFORMATION CONTACT: Karine Gziryan or Eli Lovely, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-4081 or (202) 482-1593.
SUPPLEMENTARY INFORMATION:
[[Page 14875]]
Background
The Department published in the Federal Register the Preliminary
Determination on November 1, 2016.\1\ A summary of the events that have
occurred since the Department published the Preliminary Determination,
as well as a full discussion of the issues raised by parties for this
final determination, may be found in the Issues and Decision
Memorandum.\2\ The Issues and 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 is available to all parties in the Central Records
Unit, room B8024 of the main Department of Commerce building. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://enforcement.trade.gov. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
---------------------------------------------------------------------------
\1\ See 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, 81 FR 75806 (November 1, 2016) (``Preliminary
Determination'').
\2\ See Memorandum from Gary Taverman, Associate Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen Acting Assistant Secretary for
Enforcement and Compliance ``Ferrovanadium from the Republic of
Korea: Issues and Decision Memorandum for the Final Determination of
Sales at Less-Than-Fair-Value,'' dated concurrently with this notice
(``Issues and Decision Memorandum'').
---------------------------------------------------------------------------
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.
Use of Adverse Facts Available (``AFA'')
As noted in the Preliminary Determination, two of the three
mandatory respondents in this investigation, Woojin Industry Co., Ltd.
(``Woojin''), and Fortune Metallurgical Group Co., Ltd. (``Fortune''),
failed to respond to the Department's questionnaire or otherwise
participate in the investigation. Therefore, we preliminarily based
their dumping margins on facts otherwise available with an adverse
inference, pursuant to sections 776(a) and (b) of the Tariff Act of
1930, as amended (``the Act'') and assigned to them the petition
dumping margin of 54.69 percent.\3\ No parties commented on this
preliminary decision. For this final determination, we have continued
to assign Fortune and Woojin a dumping margin of 54.69 percent as AFA.
---------------------------------------------------------------------------
\3\ See 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, 81 FR 75806 (November 1, 2016).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum accompanying this notice, which is hereby
adopted by this notice. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice in the Appendix.
Verification
As provided in section 782(i) of the Act, in November 2016, the
Department verified the sales and cost data reported by Korvan Ind.,
Co., Ltd. (``Korvan''), the sole cooperating mandatory respondent in
this investigation. We used standard verification procedures, including
an examination of relevant accounting and production records, and
original source documents provided by Korvan.
Changes to the Dumping Margin Calculations Since the Preliminary
Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the dumping margin calculation
for Korvan. For a discussion of these changes, see the Issues and
Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated ``all-
others'' rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero or de
minimis dumping margins, and any dumping margins determined entirely
under section 776 of the Act. We based our calculation of the ``all-
others'' rate on the dumping margin calculated for Korvan, the only
participating mandatory respondent in this investigation.
Final Determination Dumping Margins
The Department determines that the following estimated weighted-
average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margins
(percent)
------------------------------------------------------------------------
Fortune Metallurgical Group Co., Ltd.................... 54.69
Korvan Ind. Co., Ltd.................................... 3.22
Woojin Ind. Co., Ltd.................................... 54.69
All-Others.............................................. 3.22
------------------------------------------------------------------------
Disclosure
We intend to disclose to parties in this proceeding the
calculations performed for this final determination within five days of
the date of public announcement of our final determination, in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
Pursuant to section 735(c)(1)(B) of the Act, the Department will
instruct U.S. Customs and Border Protection (``CBP'') to continue to
suspend liquidation of all entries of ferrovanadium from the Republic
of Korea which were entered, or withdrawn from warehouse, for
consumption on or after November 1, 2016, the date of publication of
the Preliminary Determination. 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 normal value 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.\4\
---------------------------------------------------------------------------
\4\ 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).
---------------------------------------------------------------------------
[[Page 14876]]
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (``ITC'') of our final
determination. As our final determination is affirmative, in accordance
with section 735(b)(2) of the Act, the ITC will determine within 45
days of the final determination whether the domestic industry in the
United States is materially injured, or threatened with material
injury, by reason of imports, or sales (or the likelihood of sales) for
importation, of the subject merchandise. If the ITC determines that
such injury exists, the Department will issue an antidumping duty order
directing CBP to assess, upon further-instruction by the Department,
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative Protective Orders (``APOs'')
This notice will serve as a reminder to parties subject to APOs of
their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the destruction of APO
materials or conversion to judicial protective order is hereby
requested. Failure to comply with the-regulations and the terms of an
APO is a sanctionable violation.
This determination and notice are issued and published in
accordance with sections 735(d) and 777(i) of the Act.
Dated: March 16, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics in the Issues and Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Investigation
V. Discussion of the Issues
Comment 1: Whether the Department Should Use Contract Date as
the Date of Sale for Korvan's Sales to one of its U.S. Customers
Comment 2: Duty Drawback
Comment 3: Whether the Department Should Continue to Treat
Korvan's Separate Home Market Sale of Korvan-Produced and Korvan-
Purchased Ferrovanadium as a Separate Sales
Comment 4: Whether the Department Should Apply Its Standard
Average-To-Average Method Calculating the Margin in the Final
Determination
Comment 5: Whether the Department Made Certain Ministerial
Errors in its Calculations
Comment 6: General and administrative (G&A) Expenses
Comment 7: Financial Expenses
Comment 8: Whether to Continue to Apply a Quarterly Cost
Methodology
V. Recommendation
[FR Doc. 2017-05808 Filed 3-22-17; 8:45 am]
BILLING CODE 3510-DS-P