Ferrovanadium From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments in Part; 2018-2019, 41555-41556 [2020-14917]

Download as PDF Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices that the NSO data would accurately compensate for, and not overstate, the respondent’s unreported SG&A labor hours. As a result, we did not transfer the surrogate financial statements’ SG&A labor-related line items to the denominator in the surrogate financial ratio calculation, because doing so could distort the calculation and result in an undervaluation of labor-related SG&A expenses.11 We did not make the adjustments proposed by the RMB/IFI Group, but revised the respondent’s weighted-average margin to 39.53 percent, which increased from the 39.42 percent margin calculated in the Final Results due to the incorporation of additional quarters of labor data that were placed on the record during the remand proceeding. Timken Notice In its decision in Timken,12 as clarified by Diamond Sawblades,13 the Court of Appeals for the Federal Circuit (CAFC) held that, pursuant to section 516A of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of a court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s June 22, 2020 judgment sustaining the Final Remand Results constitutes a final decision of the Court that is not in harmony with Commerce’s Final Results. This notice is published in fulfillment of the publication requirements of Timken. jbell on DSKJLSW7X2PROD with NOTICES Amended Final Results Because there is now a final court decision, Commerce is amending the Final Results with respect to the RMB/ IFI Group. The revised weighted-average dumping margin for the RMB/IFI Group for the period April 1, 2013 through March 31, 2014 is as follows: Exporter Weightedaverage margin (percent) RMB/IFI Group ............................ 39.53 Assessment Instructions In the event the CIT’s ruling is not appealed or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct U.S. Customs and Border Protection (CBP) to 11 Id. at 11–12. 12 See Timken Co., v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 13 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). VerDate Sep<11>2014 18:28 Jul 09, 2020 Jkt 250001 assess antidumping duties on unliquidated entries of subject merchandise exported by the RMB/IFI Group in accordance with 19 CFR 351.212(b)(1). Commerce will calculate importer-specific ad valorem assessment rates on the basis of the ratio of the total amount of dumping calculated for each importer’s examined sales and the total entered value of those sales, in accordance with 19 CFR 351.212(b)(1). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific ad valorem assessment rate calculated is not zero or de minimis. Where an importer-specific ad valorem assessment rate is zero or de minimis,14 we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. Pursuant to Commerce’s assessment practice, for entries that were not reported in the US sales data submitted by the RMB/IFI Group during this review, Commerce will instruct CBP to liquidate such entries at the China-wide entity rate.15 Cash Deposit Requirements The cash deposit rate calculated for the RMB/IFI Group in the 2013–2014 administrative review has been superseded by cash deposit rates calculated in intervening administrative reviews of the antidumping duty order on steel threaded rod from China.16 Thus, we will not alter the RMB/IFI Group’s cash deposit rate. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e), 751(a)(1), and 777(i)(1) of the Act. Dated: July 2, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–14835 Filed 7–9–20; 8:45 am] BILLING CODE 3510–DS–P 19 CFR 351.106(c)(2). Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 16 See Certain Steel Threaded Rod from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2014– 2015, 81 FR 83800 (November 22, 2016); and Certain Steel Threaded Rod from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2015–2016, 82 FR 51611 (November 7, 2017). PO 00000 14 See 15 See Frm 00041 Fmt 4703 Sfmt 4703 41555 DEPARTMENT OF COMMERCE International Trade Administration [A–580–886] Ferrovanadium From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments in Part; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) continues to find that two of the three companies under review had no shipments of subject merchandise during the period of review (POR), May 1, 2018 through April 30, 2019, and continues to base the dumping margin for the third company on total adverse facts available (AFA). DATES: Applicable July 10, 2020. FOR FURTHER INFORMATION CONTACT: Howard Smith, 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) 482–5193. SUPPLEMENTARY INFORMATION: AGENCY: Background Commerce published its Preliminary Results of this review on March 23, 2020.1 No parties commented on the Preliminary Results. Scope of the Order The product covered by the order 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 order is dispositive. Final Results of Review In the Preliminary Results, Commerce determined that Korvan Ind, Co., Ltd. (Korvan) and Woojin Ind. Co., Ltd. (Woojin), had no shipments of subject merchandise to the United States during the POR and based the dumping margin 1 See Ferrovanadium From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments in Part; 2018–2019, 85 FR 16326 (March 23, 2020) (‘‘Preliminary Results’’), and accompanying Preliminary Decision Memorandum. E:\FR\FM\10JYN1.SGM 10JYN1 41556 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices for Fortune Metallurgical Group Co., Ltd. (Fortune) on total AFA in accordance with section 776(a)–(b) of the Act because Fortune did not respond to Commerce’s questionnaire.2 No parties commented on the Preliminary Results. In these final results of review, Commerce is adopting the decisions taken in the Preliminary Results, as explained in the Preliminary Decision Memorandum. Specifically, Commerce continues to find that Korvan and Woojin had no shipments of subject merchandise to the United States during the POR and continues to assign Fortune a dumping margin of 54.69 percent based on total AFA. Final Results of Administrative Review Commerce has determined that the following weighted-average dumping margin exists for the firm listed below for the period May 1, 2018 through April 30, 2019: Estimated weightedaverage dumping margin (percent) Exporter/producer Fortune Metallurgical Group Co., Ltd ............................................. 54.69 Assessment Rates Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise covered by this review in accordance with these final results of review.3 Commerce intends to issue assessment instructions to CBP 15 days after publication of this notice of final results in the Federal Register. Commerce intends to instruct CBP to liquidate POR entries of subject merchandise from Fortune Metallurgical Group Co., Ltd. at the rate listed in the table above. Additionally, because Commerce determines that Korvan and Woojin did not make any sales or shipments of subject merchandise to the United States during the POR, any suspended entries of subject merchandise during the POR under their case numbers will be liquidated at the all-others rate.4 jbell on DSKJLSW7X2PROD with NOTICES 2 Id. 3 See section 751(a)(2)(A) of the Act; 19 CFR 351.212(b). 4 See, e.g., Magnesium Metal from the Russian Federation: Preliminary Results of Antidumping Duty Administrative Review, 75 FR 26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the Russian Federation: Final Results of Antidumping Duty Administrative Review, 75 FR 56989 (September 17, 2010). VerDate Sep<11>2014 18:28 Jul 09, 2020 Jkt 250001 Cash Deposit Requirements The following cash deposit requirements will be effective for shipments of ferrovanadium from the Republic of Korea entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results of review, as provided for by section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act): (1) The cash deposit rate for Fortune will be equal to the weightedaverage dumping margin listed for Fortune in the table above; (2) for companies not covered by this review, but covered in a prior segment of this proceeding, the cash deposit rate will continue to be the company-specific rate established for the company in the most recently completed segment of the proceeding; (3) if the exporter is not a firm covered in this review, in a prior review, or in the investigation in this proceeding but the producer is, then the cash deposit rate will be the rate established for the producer of the merchandise in the most recently completed segment of the proceeding; and (4) the cash deposit rate for all other producers or exporters will continue to be 3.22 percent, the all-others rate established in the less-than-fair-value investigation.5 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers Regarding the Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Order (APO) This notice also serves as a reminder to parties subject to APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial 5 See Ferrovanadium From the Republic of Korea: Final Determination of Sales at Less Than Fair Value, 82 FR 14874 (March 23, 2017). PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 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 these final results of administrative review and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213 and 19 CFR 351.221(b)(5). Dated: July 2, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–14917 Filed 7–9–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–485–805] Certain Small Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe From Romania: Final Results of Antidumping Duty Administrative Review; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that S.C. Silcotub S.A. (Silcotub), a producer/ exporter of certain small diameter carbon and alloy seamless standard, line and pressure pipe (small diameter seamless pipe) from Romania, did not sell subject merchandise at prices below normal value (NV) during the period of review (POR) August 1, 2018 through July 31, 2019. In addition, Commerce determines that ArcelorMittal Tubular Products Roman S.A. (ArcelorMittal) had no shipments of subject merchandise during the POR. DATES: Applicable July 10, 2020. FOR FURTHER INFORMATION CONTACT: Katherine Johnson or Samantha Kinney, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4929 or (202) 482–2285, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 8, 2020, Commerce published in the Federal Register the Preliminary Results of the administrative review of the antidumping duty order on small diameter seamless pipe from Romania.1 1 See Certain Small Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe from E:\FR\FM\10JYN1.SGM 10JYN1

Agencies

[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Notices]
[Pages 41555-41556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14917]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-886]


Ferrovanadium From the Republic of Korea: Final Results of 
Antidumping Duty Administrative Review and Final Determination of No 
Shipments in Part; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) continues to find that 
two of the three companies under review had no shipments of subject 
merchandise during the period of review (POR), May 1, 2018 through 
April 30, 2019, and continues to base the dumping margin for the third 
company on total adverse facts available (AFA).

DATES: Applicable July 10, 2020.

FOR FURTHER INFORMATION CONTACT: Howard Smith, 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) 482-5193.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published its Preliminary Results of this review on March 
23, 2020.\1\ No parties commented on the Preliminary Results.
---------------------------------------------------------------------------

    \1\ See Ferrovanadium From the Republic of Korea: Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments in Part; 2018-2019, 85 FR 16326 (March 
23, 2020) (``Preliminary Results''), and accompanying Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

Scope of the Order

    The product covered by the order 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 order is dispositive.

Final Results of Review

    In the Preliminary Results, Commerce determined that Korvan Ind, 
Co., Ltd. (Korvan) and Woojin Ind. Co., Ltd. (Woojin), had no shipments 
of subject merchandise to the United States during the POR and based 
the dumping margin

[[Page 41556]]

for Fortune Metallurgical Group Co., Ltd. (Fortune) on total AFA in 
accordance with section 776(a)-(b) of the Act because Fortune did not 
respond to Commerce's questionnaire.\2\ No parties commented on the 
Preliminary Results.
---------------------------------------------------------------------------

    \2\ Id.
---------------------------------------------------------------------------

    In these final results of review, Commerce is adopting the 
decisions taken in the Preliminary Results, as explained in the 
Preliminary Decision Memorandum. Specifically, Commerce continues to 
find that Korvan and Woojin had no shipments of subject merchandise to 
the United States during the POR and continues to assign Fortune a 
dumping margin of 54.69 percent based on total AFA.

Final Results of Administrative Review

    Commerce has determined that the following weighted-average dumping 
margin exists for the firm listed below for the period May 1, 2018 
through April 30, 2019:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Fortune Metallurgical Group Co., Ltd........................      54.69
------------------------------------------------------------------------

Assessment Rates

    Commerce has determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise covered by this review in accordance with these 
final results of review.\3\ Commerce intends to issue assessment 
instructions to CBP 15 days after publication of this notice of final 
results in the Federal Register. Commerce intends to instruct CBP to 
liquidate POR entries of subject merchandise from Fortune Metallurgical 
Group Co., Ltd. at the rate listed in the table above.
---------------------------------------------------------------------------

    \3\ See section 751(a)(2)(A) of the Act; 19 CFR 351.212(b).
---------------------------------------------------------------------------

    Additionally, because Commerce determines that Korvan and Woojin 
did not make any sales or shipments of subject merchandise to the 
United States during the POR, any suspended entries of subject 
merchandise during the POR under their case numbers will be liquidated 
at the all-others rate.\4\
---------------------------------------------------------------------------

    \4\ See, e.g., Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective for 
shipments of ferrovanadium from the Republic of Korea entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date of these final results of review, as provided for by section 
751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act): (1) The 
cash deposit rate for Fortune will be equal to the weighted-average 
dumping margin listed for Fortune in the table above; (2) for companies 
not covered by this review, but covered in a prior segment of this 
proceeding, the cash deposit rate will continue to be the company-
specific rate established for the company in the most recently 
completed segment of the proceeding; (3) if the exporter is not a firm 
covered in this review, in a prior review, or in the investigation in 
this proceeding but the producer is, then the cash deposit rate will be 
the rate established for the producer of the merchandise in the most 
recently completed segment of the proceeding; and (4) the cash deposit 
rate for all other producers or exporters will continue to be 3.22 
percent, the all-others rate established in the less-than-fair-value 
investigation.\5\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \5\ See Ferrovanadium From the Republic of Korea: Final 
Determination of Sales at Less Than Fair Value, 82 FR 14874 (March 
23, 2017).
---------------------------------------------------------------------------

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification Regarding Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to APO of 
their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305, which continues to govern business proprietary information in 
this segment of the proceeding. Timely written 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 these final results of administrative review and 
publishing this notice in accordance with sections 751(a)(1) and 777(i) 
of the Act and 19 CFR 351.213 and 19 CFR 351.221(b)(5).

    Dated: July 2, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-14917 Filed 7-9-20; 8:45 am]
BILLING CODE 3510-DS-P