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]

Download as PDF 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 Frm 00012 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 http://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 http:// 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 05MYN1

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]


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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.
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    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 
http://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 http://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).
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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