Ferrovanadium From the Republic of South Africa and the People's Republic of China: Final Results of the Expedited Third Sunset Reviews of the Antidumping Duty Orders, 26667-26668 [2020-09582]
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Federal Register / Vol. 85, No. 87 / Tuesday, May 5, 2020 / Notices
VIII. Recommendation
[FR Doc. 2020–09594 Filed 5–4–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–791–815, A–570–873]
Ferrovanadium From the Republic of
South Africa and the People’s Republic
of China: Final Results of the
Expedited Third Sunset Reviews of the
Antidumping Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these expedited
sunset reviews, Commerce finds that
revocation of the antidumping duty
(AD) orders would be likely to lead to
the continuation or recurrence of
dumping at the levels indicated in the
‘‘Final Results of Review’’ section of this
notice.
DATES: Applicable May 5, 2020.
FOR FURTHER INFORMATION CONTACT: Ian
Hamilton AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4798.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
khammond on DSKJM1Z7X2PROD with NOTICES
On January 2, 2020, Commerce
published the notice of initiation of the
third sunset review of the AD orders on
ferrovanadium from the Republic of
South Africa (South Africa) and the
People’s Republic of China (China) 1
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).2 On
January 17, 2020, Commerce received
notices of intent to participate from the
Vanadium Producers and Reclaimers
Association (VPRA) and its individual
members—AMG Vanadium LLC (AMG
V), Evergreen Metallurgical LLC, d.b.a.
Bear Metallurgical Company (Bear), and
U.S. Vanadium, LLC (U.S. Vanadium),
within the 15-day deadline specified in
19 CFR 351.218(d)(1)(i).3 VPRA claimed
1 See Notice of Antidumping Duty Order:
Ferrovanadium from the Republic of South Africa,
68 FR 4169 (January 28, 2003); see also Notice of
Amended Final Antidumping Duty Determination
of Sales at Less Than Fair Value and Antidumping
Duty Order: Ferrovanadium from the People’s
Republic of China, 68 FR 4168 (January 28, 2003).
2 See Initiation of Five-Year (Sunset) Reviews, 85
FR 67 (January 2, 2020).
3 See VPRA’s Letter, ‘‘Ferrovanadium from South
Africa: Notice of Intent to Participate,’’ dated
January 17, 2020; see also VPRA’s Letter,
‘‘Ferrovanadium from the People’s Republic of
VerDate Sep<11>2014
19:16 May 04, 2020
Jkt 250001
interested party status under section
771(9)(E) of the Act as a trade or
business association a majority of whose
members manufacture, produce, or
wholesale a domestic like product in the
United States.
On January 27, 2020, Commerce
received adequate substantive responses
to the notice of initiation from VPRA
within the 30-day deadline specified in
19 CFR 351.218(d)(3)(i).4 We received
no substantive responses from
respondent interested parties with
respect to either of the orders covered
by these sunset reviews.
On February 25, 2020, Commerce
notified the U.S. International Trade
Commission that it did not receive an
adequate substantive response from
respondent interested parties.5 As a
result, pursuant to 751(c)(3)(B) of the
Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
Commerce conducted expedited (120day) sunset reviews of the AD orders on
ferrovanadium from South Africa and
China.
Scope of the Orders
The scope of these orders covers all
ferrovanadium regardless of grade,
chemistry, form, shape, or size.
Ferrovanadium is an alloy of iron and
vanadium that is used chiefly as an
additive in the manufacture of steel. The
merchandise is commercially and
scientifically identified as vanadium. It
specifically excludes vanadium
additives other than ferrovanadium,
such as nitride vanadium, vanadiumaluminum master alloys, vanadium
chemicals, vanadium oxides, vanadium
waste and scrap, and vanadium-bearing
raw materials such as slag, boiler
residues and fly ash. Merchandise under
the following Harmonized Tariff
Schedule of the United States (HTSUS)
item numbers 2850.00.2000,
8112.40.3000, and 8112.40.6000 are
specifically excluded.
Ferrovanadium is classified under
HTSUS item number 7202.92.00.
Although the HTSUS item number is
provided for convenience and Customs
China: Notice of Intent to Participate,’’ dated
January 17, 2020. VPRA indicated that AMG V and
Bear are producers of a domestic like product,
ferrovanadium, in the United States and
wholesalers of domestically-produced
ferrovanadium in the United States, and that U.S.
Vanadium has periodically been a wholesaler of
domestically produced ferrovanadium in the United
States.
4 See VPRA’s Letter, ‘‘Ferrovanadium from the
Republic of South Africa: Substantive Response to
the Notice of Initiation,’’ dated January 27, 2020;
see also VPRA’s Letter, ‘‘Ferrovanadium from the
People’s Republic of China: Substantive Response
to the Notice of Initiation,’’ dated January 27, 2020.
5 See Commerce’s Letter, ‘‘Sunset Review {sic}
Initiated on January 2, 2020,’’ dated February 25,
2020.
PO 00000
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Fmt 4703
Sfmt 4703
26667
purposes, Commerce’s written
description of the scope of these orders
remains dispositive.
Analysis of Comments Received
All issues raised in these sunset
reviews are addressed in the Issues and
Decision Memorandum.6 The issues
discussed in the Issues and Decision
Memorandum are the likelihood of
continuation or recurrence of dumping
and the magnitude of the dumping
margin likely to prevail if the orders
were revoked. 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://acess.trade.gov. A list of topics
discussed in the Issues and Decision
Memorandum is included as an
appendix to this notice. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn. The signed
and electronic versions of the Issues and
Decision Memorandum are identical in
content.
Final Results of Reviews
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the AD
orders on ferrovanadium from South
Africa and China would be likely to lead
to the continuation or recurrence of
dumping at weighted-average dumping
margins up to 116.00 percent for South
Africa and 66.71 percent for China.
Administrative Protective Order (APO)
This notice also serves as the only
reminder to parties subject to an APO of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of the return or
destruction of APO materials or
conversion to judicial protective orders
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
We are issuing and publishing the
final results and this notice in
accordance with sections 751(c), 752(c),
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Expedited Third Sunset
Reviews of the Antidumping Duty Orders on
Ferrovanadium from the Republic of South Africa
and the People’s Republic of China,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
E:\FR\FM\05MYN1.SGM
05MYN1
26668
Federal Register / Vol. 85, No. 87 / Tuesday, May 5, 2020 / Notices
and 777(i)(1) of the Act, and 19 CFR
351.218.
threaded rod from the People’s Republic
of China (China).1 We invited parties to
submit comments on the Preliminary
Results. No party submitted comments.
Accordingly, the final results remain
unchanged from the Preliminary
Results.
Dated: April 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
A. Likelihood of Continuation or
Recurrence of Dumping
B. Magnitude of the Dumping Margins
Likely To Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation
[FR Doc. 2020–09582 Filed 5–4–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–932]
Certain Steel Threaded Rod From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review and Final
Determination of No Shipments; 2018–
2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) continues to determine that
two companies under review had no
shipments of subject merchandise
during the period of review (POR) April
1, 2018 through March 31, 2019.
Additionally, Commerce continues to
determine that the remaining companies
subject to this review are part of the
China-wide entity because they failed to
file no shipment statements, separate
rate applications, or separate rate
certifications.
DATES: Applicable May 5, 2020.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros, 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) 482–7425.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
Background
On December 30, 2019, Commerce
published the Preliminary Results of the
administrative review of the
antidumping duty order on certain steel
VerDate Sep<11>2014
19:16 May 04, 2020
Jkt 250001
Scope of the Order
The merchandise covered by the order
is steel threaded rod. Steel threaded rod
is certain threaded rod, bar, or studs, of
carbon quality steel, having a solid,
circular cross section, of any diameter,
in any straight length, that have been
forged, turned, cold-drawn, cold-rolled,
machine straightened, or otherwise
cold-finished, and into which threaded
grooves have been applied. In addition,
the steel threaded rod, bar, or studs
subject to the order are non-headed and
threaded along greater than 25 percent
of their total length. A variety of finishes
or coatings, such as plain oil finish as
a temporary rust protectant, zinc coating
(i.e., galvanized, whether by
electroplating or hot-dipping), paint,
and other similar finishes and coatings,
may be applied to the merchandise.
Included in the scope of the order are
steel threaded rod, bar, or studs, in
which: (1) Iron predominates, by
weight, over each of the other contained
elements; (2) the carbon content is 2
percent or less, by weight; and (3) none
of the elements listed below exceeds the
quantity, by weight, respectively
indicated:
• 1.80 percent of manganese, or
• 1.50 percent of silicon, or
• 1.00 percent of copper, or
• 0.50 percent of aluminum, or
• 1.25 percent of chromium, or
• 0.30 percent of cobalt, or
• 0.40 percent of lead, or
• 1.25 percent of nickel, or
• 0.30 percent of tungsten, or
• 0.012 percent of boron, or
• 0.10 percent of molybdenum, or
• 0.10 percent of niobium, or
• 0.41 percent of titanium, or
• 0.15 percent of vanadium, or
• 0.15 percent of zirconium.
Steel threaded rod is currently
classifiable under subheadings
7318.15.5051, 7318.15.5056,
7318.15.5090, and 7318.15.2095 of the
United States Harmonized Tariff
Schedule (HTSUS). Although the
HTSUS subheading is provided for
convenience and customs purposes, the
written description of the merchandise
is dispositive.
1 See Certain Steel Threaded Rod from the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2018–
2019, 84 FR 71900 (December 30, 2019)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
Excluded from the scope of the order
are: (a) Threaded rod, bar, or studs
which are threaded only on one or both
ends and the threading covers 25
percent or less of the total length; and
(b) threaded rod, bar, or studs made to
American Society for Testing and
Materials (ASTM) A193 Grade B7,
ASTM A193 Grade B7M, ASTM A193
Grade B16, or ASTM A320 Grade L7.
Final Determination of No Shipments
and Status of the China-Wide Entity
Commerce preliminarily found that
Certified Products International Inc.
(CPI) and RMB Fasteners Ltd. and IFI &
Morgan Ltd. (collectively, RMB/IFI) had
no shipments of subject merchandise to
the United States during the POR. As
noted in the Preliminary Decision
Memorandum, we received no shipment
statements from CPI and RMB/IFI, and
these statements were consistent with
the information we received from U.S.
Customs and Border Protection (CBP).2
No party commented on our
preliminary no shipment finding with
respect to CPI and RMB/IFI, and no
party submitted record evidence that
calls this finding into question.
Therefore, for these final results, we
continue to find that CPI and RMB/IFI
did not have any shipments of subject
merchandise to the United States during
the POR.
In addition, we continue to find that
the remaining 172 companies subject to
this administrative review are part of
the China-wide entity because they
failed to file no-shipment statements,
separate rate applications, or separate
rate certifications.3 Because no party
requested a review of the China-wide
entity, and we did not self-initiate a
review, the China-wide entity rate (i.e.,
206.00 percent) 4 is not subject to
change as a result of this review.5
Assessment Rates
We have not calculated any
assessment rates in this administrative
review. Based on record evidence, we
have determined that CPI and RMI/IFI
had no shipments of subject
merchandise and, therefore, pursuant to
Commerce’s assessment practice, any
suspended entries that entered under
2 See
3 See
Preliminary Decision Memorandum at 3–4.
Appendix I; Preliminary Results, 84 FR at
71900.
4 See Certain Steel Threaded Rod from the
People’s Republic of China: Final Determination of
Sales at Less Than Fair Value, 74 FR 8907
(February 27, 2009).
5 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
E:\FR\FM\05MYN1.SGM
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Agencies
[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Notices]
[Pages 26667-26668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09582]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-791-815, A-570-873]
Ferrovanadium From the Republic of South Africa and the People's
Republic of China: Final Results of the Expedited Third Sunset Reviews
of the Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these expedited sunset reviews, Commerce finds
that revocation of the antidumping duty (AD) orders would be likely to
lead to the continuation or recurrence of dumping at the levels
indicated in the ``Final Results of Review'' section of this notice.
DATES: Applicable May 5, 2020.
FOR FURTHER INFORMATION CONTACT: Ian Hamilton AD/CVD Operations, Office
II, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-4798.
SUPPLEMENTARY INFORMATION:
Background
On January 2, 2020, Commerce published the notice of initiation of
the third sunset review of the AD orders on ferrovanadium from the
Republic of South Africa (South Africa) and the People's Republic of
China (China) \1\ pursuant to section 751(c) of the Tariff Act of 1930,
as amended (the Act).\2\ On January 17, 2020, Commerce received notices
of intent to participate from the Vanadium Producers and Reclaimers
Association (VPRA) and its individual members--AMG Vanadium LLC (AMG
V), Evergreen Metallurgical LLC, d.b.a. Bear Metallurgical Company
(Bear), and U.S. Vanadium, LLC (U.S. Vanadium), within the 15-day
deadline specified in 19 CFR 351.218(d)(1)(i).\3\ VPRA claimed
interested party status under section 771(9)(E) of the Act as a trade
or business association a majority of whose members manufacture,
produce, or wholesale a domestic like product in the United States.
---------------------------------------------------------------------------
\1\ See Notice of Antidumping Duty Order: Ferrovanadium from the
Republic of South Africa, 68 FR 4169 (January 28, 2003); see also
Notice of Amended Final Antidumping Duty Determination of Sales at
Less Than Fair Value and Antidumping Duty Order: Ferrovanadium from
the People's Republic of China, 68 FR 4168 (January 28, 2003).
\2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 67
(January 2, 2020).
\3\ See VPRA's Letter, ``Ferrovanadium from South Africa: Notice
of Intent to Participate,'' dated January 17, 2020; see also VPRA's
Letter, ``Ferrovanadium from the People's Republic of China: Notice
of Intent to Participate,'' dated January 17, 2020. VPRA indicated
that AMG V and Bear are producers of a domestic like product,
ferrovanadium, in the United States and wholesalers of domestically-
produced ferrovanadium in the United States, and that U.S. Vanadium
has periodically been a wholesaler of domestically produced
ferrovanadium in the United States.
---------------------------------------------------------------------------
On January 27, 2020, Commerce received adequate substantive
responses to the notice of initiation from VPRA within the 30-day
deadline specified in 19 CFR 351.218(d)(3)(i).\4\ We received no
substantive responses from respondent interested parties with respect
to either of the orders covered by these sunset reviews.
---------------------------------------------------------------------------
\4\ See VPRA's Letter, ``Ferrovanadium from the Republic of
South Africa: Substantive Response to the Notice of Initiation,''
dated January 27, 2020; see also VPRA's Letter, ``Ferrovanadium from
the People's Republic of China: Substantive Response to the Notice
of Initiation,'' dated January 27, 2020.
---------------------------------------------------------------------------
On February 25, 2020, Commerce notified the U.S. International
Trade Commission that it did not receive an adequate substantive
response from respondent interested parties.\5\ As a result, pursuant
to 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce
conducted expedited (120-day) sunset reviews of the AD orders on
ferrovanadium from South Africa and China.
---------------------------------------------------------------------------
\5\ See Commerce's Letter, ``Sunset Review {sic{time} Initiated
on January 2, 2020,'' dated February 25, 2020.
---------------------------------------------------------------------------
Scope of the Orders
The scope of these orders covers all ferrovanadium regardless of
grade, chemistry, form, shape, or size. Ferrovanadium is an alloy of
iron and vanadium that is used chiefly as an additive in the
manufacture of steel. The merchandise is commercially and
scientifically identified as vanadium. It specifically excludes
vanadium additives other than ferrovanadium, such as nitride vanadium,
vanadium-aluminum master alloys, vanadium chemicals, vanadium oxides,
vanadium waste and scrap, and vanadium-bearing raw materials such as
slag, boiler residues and fly ash. Merchandise under the following
Harmonized Tariff Schedule of the United States (HTSUS) item numbers
2850.00.2000, 8112.40.3000, and 8112.40.6000 are specifically excluded.
Ferrovanadium is classified under HTSUS item number 7202.92.00.
Although the HTSUS item number is provided for convenience and Customs
purposes, Commerce's written description of the scope of these orders
remains dispositive.
Analysis of Comments Received
All issues raised in these sunset reviews are addressed in the
Issues and Decision Memorandum.\6\ The issues discussed in the Issues
and Decision Memorandum are the likelihood of continuation or
recurrence of dumping and the magnitude of the dumping margin likely to
prevail if the orders were revoked. 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://acess.trade.gov. A list of topics discussed in the Issues and
Decision Memorandum is included as an appendix to this notice. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly on the internet at https://enforcement.trade.gov/frn. The signed and electronic versions of the Issues and Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Expedited Third Sunset Reviews of the Antidumping Duty Orders on
Ferrovanadium from the Republic of South Africa and the People's
Republic of China,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Final Results of Reviews
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the AD orders on ferrovanadium
from South Africa and China would be likely to lead to the continuation
or recurrence of dumping at weighted-average dumping margins up to
116.00 percent for South Africa and 66.71 percent for China.
Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305. Timely notification of the return or destruction of APO
materials or conversion to judicial protective orders is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing the final results and this notice in
accordance with sections 751(c), 752(c),
[[Page 26668]]
and 777(i)(1) of the Act, and 19 CFR 351.218.
Dated: April 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
A. Likelihood of Continuation or Recurrence of Dumping
B. Magnitude of the Dumping Margins Likely To Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation
[FR Doc. 2020-09582 Filed 5-4-20; 8:45 am]
BILLING CODE 3510-DS-P