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
<![CDATA[
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]
-----------------------------------------------------------------------
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
