Barium Carbonate From the People's Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order, 26666-26667 [2020-09594]

Download as PDF 26666 Federal Register / Vol. 85, No. 87 / Tuesday, May 5, 2020 / Notices Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Trade Adjustment Assistance Division, Room 71030, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice. These petitions are received pursuant to section 251 of the Trade Act of 1974, as amended. Please follow the requirements set forth in EDA’s regulations at 13 CFR 315.9 for procedures to request a public hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms. Miriam Kearse, Lead Program Analyst. [FR Doc. 2020–09606 Filed 5–4–20; 8:45 am] BILLING CODE 3510–WH–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–880] Barium Carbonate From the People’s Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that revocation of the antidumping duty order on barium carbonate from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable May 5, 2020. FOR FURTHER INFORMATION CONTACT: Eliza Siordia, 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) 482–3878. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: Background On October 1, 2003, Commerce published the Order on barium carbonate from China.1 On January 2, 2019, Commerce published the notice of 1 See Antidumping Duty Order: Barium Carbonate from the People’s Republic of China, 68 FR 56619 (October 1, 2003) (Order). VerDate Sep<11>2014 19:16 May 04, 2020 Jkt 250001 initiation of the five-year sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On January 13, 2020, Commerce received a notice of intent to participate in this review from Chemical Products Corporation (CPC) within the deadline specified in 19 CFR 351.218(d)(1)(i).3 CPC claimed interested party status under section 771(9)(C) of the Act as a manufacturer of a domestic like product in the United States. On January 29, 2020, CPC provided a complete substantive response for this review within the 30day deadline specified in 19 CFR 351.218(d)(3)(i).4 We received no substantive responses from any other interested parties, nor was a hearing requested. On February 25, 2020, Commerce notified the U.S. International Trade Commission (ITC) that it did not receive an adequate substantive response from respondent interested parties.5 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of this Order. Scope of the Order The product covered by this order is barium carbonate, regardless of form or grade. The product covered by this order is currently classifiable under subheading 2836.60.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive. Analysis of Comments Received All issues raised in this review, including the likelihood of continuation or recurrence of dumping in the event of revocation and the magnitude of the margins likely to prevail if the order were revoked, are addressed in the accompanying Issues and Decision Memorandum. A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. 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 2 See Initiation of Five-Year (Sunset) Reviews, 85 FR 67 (January 2, 2020). 3 See CPC’s Letter, ‘‘Notice of Intent to Participate,’’ dated January 13, 2020. 4 See CPC’s Letter, ‘‘Substantive Response to Notice of Initiation,’’ dated January 29, 2020. 5 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on January 2, 2020,’’ dated February 25, 2020. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 (ACCESS). ACCESS is available to registered users at http:// access.trade.gov. 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 Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the antidumping duty order on barium carbonate from China would likely lead to continuation or recurrence of dumping at the following weightedaverage percentage margins: Exporter Weightedaverage margin (%) Qingdao Red Star Chemical Import & Export Co., Ltd ............. China-Wide Entity ....................... 34.44 81.30 Administrative Protective Order (APO) This notice serves as the only reminder to interested 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 order 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 these final results and notice in accordance with sections 751(c), 752(c), 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 Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margins Likely To Prevail VII. Final Results of Sunset Review E:\FR\FM\05MYN1.SGM 05MYN1 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

Agencies

[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Notices]
[Pages 26666-26667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09594]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-880]


Barium Carbonate From the People's Republic of China: Final 
Results of the Expedited Third Sunset Review of the Antidumping Duty 
Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) finds that revocation of 
the antidumping duty order on barium carbonate from the People's 
Republic of China (China) would be likely to lead to continuation or 
recurrence of dumping at the levels indicated in the ``Final Results of 
Sunset Review'' section of this notice.

DATES: Applicable May 5, 2020.

FOR FURTHER INFORMATION CONTACT: Eliza Siordia, 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) 482-3878.

SUPPLEMENTARY INFORMATION: 

Background

    On October 1, 2003, Commerce published the Order on barium 
carbonate from China.\1\ On January 2, 2019, Commerce published the 
notice of initiation of the five-year sunset review of the Order, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act).\2\ On January 13, 2020, Commerce received a notice of intent to 
participate in this review from Chemical Products Corporation (CPC) 
within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ CPC 
claimed interested party status under section 771(9)(C) of the Act as a 
manufacturer of a domestic like product in the United States. On 
January 29, 2020, CPC provided a complete substantive response for this 
review within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i).\4\ We received no substantive responses from any 
other interested parties, nor was a hearing requested. On February 25, 
2020, Commerce notified the U.S. International Trade Commission (ITC) 
that it did not receive an adequate substantive response from 
respondent interested parties.\5\ As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted an expedited (120-day) sunset review of this Order.
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order: Barium Carbonate from the 
People's Republic of China, 68 FR 56619 (October 1, 2003) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 67 
(January 2, 2020).
    \3\ See CPC's Letter, ``Notice of Intent to Participate,'' dated 
January 13, 2020.
    \4\ See CPC's Letter, ``Substantive Response to Notice of 
Initiation,'' dated January 29, 2020.
    \5\ See Commerce's Letter, ``Sunset Reviews Initiated on January 
2, 2020,'' dated February 25, 2020.
---------------------------------------------------------------------------

Scope of the Order

    The product covered by this order is barium carbonate, regardless 
of form or grade. The product covered by this order is currently 
classifiable under subheading 2836.60.0000 of the Harmonized Tariff 
Schedule of the United States (HTSUS). Although the HTSUS subheading is 
provided for convenience and customs purposes, the written description 
of the scope of this proceeding is dispositive.

Analysis of Comments Received

    All issues raised in this review, including the likelihood of 
continuation or recurrence of dumping in the event of revocation and 
the magnitude of the margins likely to prevail if the order were 
revoked, are addressed in the accompanying Issues and Decision 
Memorandum. A list of topics discussed in the Issues and Decision 
Memorandum is included as an appendix to this notice. 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://access.trade.gov. 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 Issues 
and Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the antidumping duty order on 
barium carbonate from China would likely lead to continuation or 
recurrence of dumping at the following weighted-average percentage 
margins:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              margin
                                                                  (%)
------------------------------------------------------------------------
Qingdao Red Star Chemical Import & Export Co., Ltd..........       34.44
China-Wide Entity...........................................       81.30
------------------------------------------------------------------------

Administrative Protective Order (APO)

    This notice serves as the only reminder to interested 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 order 
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 these final results and notice in 
accordance with sections 751(c), 752(c), 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 Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins Likely To Prevail
VII. Final Results of Sunset Review

[[Page 26667]]

VIII. Recommendation

[FR Doc. 2020-09594 Filed 5-4-20; 8:45 am]
 BILLING CODE 3510-DS-P