81_FR_76017 81 FR 75806 - Ferrovanadium From the Republic of Korea: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination and Extension of Provisional Measures

81 FR 75806 - Ferrovanadium From the Republic of Korea: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination and Extension of Provisional Measures

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 211 (November 1, 2016)

Page Range75806-75808
FR Document2016-26363

The Department of Commerce (``the Department'') preliminarily determines that imports of ferrovanadium from the Republic of Korea (``Korea'') are being, or are likely to be, sold in the United States at less than fair value (``LTFV''). The period of investigation (``POI'') is January 1, 2015, through December 31, 2015. The estimated weighted-average dumping margins of sales at LTFV are shown in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 81 Issue 211 (Tuesday, November 1, 2016)
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Notices]
[Pages 75806-75808]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26363]


=======================================================================
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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-886]


Ferrovanadium From the Republic of Korea: Affirmative Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination and Extension of Provisional Measures

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') preliminarily 
determines that imports of ferrovanadium from the Republic of Korea 
(``Korea'') are being, or are likely to be, sold in the United States 
at less than fair value (``LTFV''). The period of investigation 
(``POI'') is January 1, 2015, through December 31, 2015. The estimated 
weighted-average dumping margins of sales at LTFV are shown in the 
``Preliminary Determination'' section of this notice. Interested 
parties are invited to comment on this preliminary determination.

DATES: Effective November 1, 2016.

FOR FURTHER INFORMATION CONTACT: Karine Gziryan at (202) 482-4081 or 
Eli Lovely at (202) 482-1593; AD/CVD Operations, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the notice of initiation of this 
investigation on April 18, 2016.\1\ For a complete description of the 
events that followed the initiation of this investigation, see the 
Preliminary Decision Memorandum that is dated concurrently with this 
determination and is hereby adopted by this notice.\2\ A list of topics 
included in the Preliminary Decision Memorandum is included as Appendix 
II to this notice. The Preliminary 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://access.trade.gov, and to all parties in the Central Records Unit, room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be found at 
http://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Ferrovanadium from the Republic of Korea: Initiation of 
Less-Than-Fair-Value Investigation, 81 FR 24059 (April 18, 2016) 
(``Initiation Notice'').
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance ``Decision Memorandum for the Preliminary Determination 
in the Less-Than-Fair Value Investigation of Ferrovanadium from the 
Republic of Korea'' (``Preliminary Decision Memorandum''), dated 
concurrently with this notice.
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is ferrovanadium from 
Korea. For a full description of the scope of this investigation, see 
the ``Scope of the Investigation,'' in Appendix I of this notice.

Scope Comments

    The Initiation Notice set aside a period of time for parties to 
raise issues regarding product coverage (i.e., ``scope'').\3\ No 
interested parties commented on the scope of the investigation, as it 
appeared in the Initiation Notice.
---------------------------------------------------------------------------

    \3\ See Initiation Notice, 81 FR 24060.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Tariff Act of 1930 (``the Act''). For, Korvan, 
export prices have been calculated in accordance with section 772(a) of 
the Act. Normal value (``NV'') has been calculated in accordance with 
section 773 of the Act. The other two mandatory respondents in this 
investigation,\4\ Woojin and Fortune, failed to respond to the 
Department's questionnaire or otherwise participate in the 
investigation. Thus, we preliminarily determine to apply facts 
otherwise available with an adverse inference to these respondents 
pursuant

[[Page 75807]]

to sections 776(a) and (b) of the Act. For a full description of the 
methodology underlying our preliminary determination, see the 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \4\ Korvan Ind. Co., Ltd. (``Korvan''), Woojin Ind. Co., Ltd. 
(``Woojin''), and Fortune Metallurgical Group Co., Ltd. 
(``Fortune'') are the mandatory respondents in this investigation.
---------------------------------------------------------------------------

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be equal to the weighted average of the estimated 
weighted-average dumping margins established for exporters and 
producers individually investigated, excluding any zero and de minimis 
dumping margins, and any dumping margins determined entirely under 
section 776 of the Act. Korvan is the only participating mandatory 
respondent in this investigation. The Department calculated a company-
specific dumping margin for Korvan which is not zero, de minimis or 
based entirely on facts available. Therefore, for purposes of 
determining the ``all-others'' rate and pursuant to section 
735(c)(5)(A) of the Act, we are assigning the weighted-average dumping 
margin calculated for Korvan to all other producers and exporters of 
the merchandise under consideration.

Preliminary Determination

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

 
------------------------------------------------------------------------
                                                             Weighted-
                    Exporter/Producer                         average
                                                             margin  %
------------------------------------------------------------------------
Fortune Metallurgical Group Co., Ltd....................           54.69
Korvan Ind. Co., Ltd....................................            4.48
Woojin Ind. Co., Ltd....................................           54.69
All-Others..............................................            4.48
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we will direct 
U.S. Customs and Border Protection (``CBP'') to suspend liquidation of 
all entries of ferrovanadium from the Republic of Korea, as described 
in the scope of the investigation, that are entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. These suspension of liquidation 
instructions will remain in effect until further notice.
    Pursuant to section 733(d) of the Act and 19 CFR 351.205(d), we 
will instruct CBP to require cash deposits equal to the weighted-
average amount by which the NV exceeds U.S. price, as indicated in the 
table above, as follows: (1) The cash deposit for the mandatory 
respondents listed above will be the respondent-specific weighted-
average dumping margin listed for the respondent in the table above; 
(2) if the exporter is not a mandatory respondent identified above, but 
the producer is, the cash deposit rate will be the weighted-average 
dumping margin established for the producer of the subject merchandise; 
and (3) the rate for all other producers or exporters will be the all 
others rate listed in the table above.\5\
---------------------------------------------------------------------------

    \5\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
---------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations that we performed in this 
investigation to interested parties in this proceeding within five days 
after the date of public announcement of the preliminary determination 
in accordance with 19 CFR 351.224(b). Interested parties are invited to 
comment on this preliminary determination. Case briefs or other written 
comments may be submitted to the Assistant Secretary for Enforcement 
and Compliance no later than seven days after the date on which the 
final verification report is issued in this proceeding, and rebuttal 
briefs, limited to issues raised in case briefs, may be submitted no 
later than five days after the deadline for case briefs.\6\ Pursuant to 
19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities. All documents must be filed 
electronically by the due date using ACCESS.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request for a hearing to the 
Assistant Secretary for Enforcement and Compliance, U.S. Department of 
Commerce. An electronically-filed request for a hearing must be 
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern 
Time, within 30 days after the date of publication of this notice.\7\ 
Hearing requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230, at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Verification

    As provided in section 782(i) of the Act, we intend to verify the 
information that will be relied upon in making our final determination.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
petitioners. 19 CFR 351.210(e)(2) requires that requests by respondents 
for postponement of a final antidumping determination be accompanied by 
a request for extension of provisional measures from a four-month 
period to a period not more than six months in duration.
    On September 23, 2016, pursuant to 19 CFR 351.210(e) and (e)(2), 
Korvan requested that the Department postpone the final determination 
and that provisional measures be extended to a period not to exceed six 
months.\8\ Therefore, in accordance with section 735(a)(2)(A) of the 
Act and 19 CFR 351.210(b)(2)(ii), because: (1) Our preliminary 
determination is affirmative; (2) the requesting exporter accounts for 
a significant proportion of exports of the subject merchandise; and (3) 
no compelling reasons for denial exist, we are postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, we will 
make our final determination no later than 135 days after the date of 
publication of this preliminary determination, pursuant to section 
735(a)(2) of the Act.\9\
---------------------------------------------------------------------------

    \8\ See Letter to the Secretary of Commerce from Korvan 
``Ferrovanadium from the Republic of Korea: Korvan's Request to 
Extend the Final Determination,'' dated September 23, 2016.
    \9\ See also 19 CFR 351.210(e).
---------------------------------------------------------------------------

International Trade Commission (``ITC'') Notification

    In accordance with section 733(f) of the Act, we will notify the 
ITC of our affirmative preliminary determination of

[[Page 75808]]

sales at LTFV. If our final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after our final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: October 25, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The product covered by this investigation 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 
investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum:

I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Preliminary Determination
V. Postponement of Final Determination and Extension of Provisional 
Measures
VI. Scope of the Investigation
VII. Scope Comments
VIII. Selection of Respondents
IX. Discussion of Methodology
    A. Application of Facts Available
    B. Corroboration of Secondary Information
    C. All Others Rate
    D. Fair Value Comparisons
    1. Determination of the Comparison Method
    2. Results of the Differential Pricing Analysis
    E. Date of Sale
    F. U.S. Price
    G. Normal Value
    1. Comparison-Market Viability
    2. Level of Trade
    3. Calculation of Normal Value Based on Comparison Market Prices
    4. Calculation of NV Based on CV
    H. Cost of Production
    1. Cost Averaging Methodology
    a. Significance of Cost Changes
    b. Linkage Between Sales and Cost Sales Information
    2. Calculation of COP
    3. Test of Comparison Market Sales Prices
    4. Results of the COP Test
X. Currency Conversion
XI. Verification
XII. Recommendation

[FR Doc. 2016-26363 Filed 10-31-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    75806                      Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices

                                                    can be found at http://                                 690–7442, Email: program.intake@                       this notice.2 A list of topics included in
                                                    www.fsis.usda.gov/wps/portal/fsis/                      usda.gov.                                              the Preliminary Decision Memorandum
                                                    topics/regulations/advisory-committees/                    Persons with disabilities who require               is included as Appendix II to this
                                                    nacmpi.                                                 alternative means for communication                    notice. The Preliminary Decision
                                                                                                            (Braille, large print, audiotape, etc.),               Memorandum is a public document and
                                                    Additional Public Notification
                                                                                                            should contact USDA’s TARGET Center                    is on file electronically via Enforcement
                                                       Public awareness of all segments of                  at (202) 720–2600 (voice and TDD).                     and Compliance’s Antidumping and
                                                    rulemaking and policy development is                      Done at Washington, DC, October 25, 2016.            Countervailing Duty Centralized
                                                    important. Consequently, FSIS will                                                                             Electronic Service System (‘‘ACCESS’’).
                                                                                                            Alfred V. Almanza,
                                                    announce this Federal Register                                                                                 ACCESS is available to registered users
                                                    publication on-line through the FSIS                    Acting Administrator.
                                                                                                                                                                   at https://access.trade.gov, and to all
                                                    Web page located at: http://                            [FR Doc. 2016–26273 Filed 10–31–16; 8:45 am]           parties in the Central Records Unit,
                                                    www.fsis.usda.gov/federal-register.                     BILLING CODE 3410–DM–P                                 room B8024 of the main Department of
                                                       FSIS also will make copies of this                                                                          Commerce building. In addition, a
                                                    publication available through the FSIS                                                                         complete version of the Preliminary
                                                    Constituent Update, which is used to                    DEPARTMENT OF COMMERCE                                 Decision Memorandum can be found at
                                                    provide information regarding FSIS                                                                             http://enforcement.trade.gov/frn/. The
                                                    policies, procedures, regulations,                      International Trade Administration                     signed Preliminary Decision
                                                    Federal Register notices, FSIS public                   [A–580–886]                                            Memorandum and the electronic
                                                    meetings, and other types of information                                                                       version of the Preliminary Decision
                                                    that could affect or would be of interest               Ferrovanadium From the Republic of                     Memorandum are identical in content.
                                                    to our constituents and stakeholders.                   Korea: Affirmative Preliminary
                                                    The Update is available on the FSIS                                                                            Scope of the Investigation
                                                                                                            Determination of Sales at Less Than
                                                    Web page. Through the Web page, FSIS                    Fair Value and Postponement of Final                      The product covered by this
                                                    is able to provide information to a much                Determination and Extension of                         investigation is ferrovanadium from
                                                    broader, more diverse audience. In                      Provisional Measures                                   Korea. For a full description of the
                                                    addition, FSIS offers an email                                                                                 scope of this investigation, see the
                                                    subscription service which provides                     AGENCY:   Enforcement and Compliance,                  ‘‘Scope of the Investigation,’’ in
                                                    automatic and customized access to                      International Trade Administration,                    Appendix I of this notice.
                                                    selected food safety news and                           Department of Commerce.
                                                                                                            SUMMARY: The Department of Commerce                    Scope Comments
                                                    information. This service is available at:
                                                    http://www.fsis.usda.gov/subscribe.                     (‘‘the Department’’) preliminarily                        The Initiation Notice set aside a
                                                    Options range from recalls to export                    determines that imports of                             period of time for parties to raise issues
                                                    information, regulations, directives, and               ferrovanadium from the Republic of                     regarding product coverage (i.e.,
                                                    notices. Customers can add or delete                    Korea (‘‘Korea’’) are being, or are likely             ‘‘scope’’).3 No interested parties
                                                    subscriptions themselves, and have the                  to be, sold in the United States at less               commented on the scope of the
                                                    option to password protect their                        than fair value (‘‘LTFV’’). The period of              investigation, as it appeared in the
                                                    accounts.                                               investigation (‘‘POI’’) is January 1, 2015,            Initiation Notice.
                                                                                                            through December 31, 2015. The
                                                    USDA Non-Discrimination Statement                                                                              Methodology
                                                                                                            estimated weighted-average dumping
                                                      No agency, officer, or employee of the                margins of sales at LTFV are shown in                     The Department is conducting this
                                                                                                            the ‘‘Preliminary Determination’’                      investigation in accordance with section
                                                    USDA shall, on the grounds of race,
                                                                                                            section of this notice. Interested parties             731 of the Tariff Act of 1930 (‘‘the Act’’).
                                                    color, national origin, religion, sex,
                                                                                                            are invited to comment on this                         For, Korvan, export prices have been
                                                    gender identity, sexual orientation,
                                                                                                            preliminary determination.                             calculated in accordance with section
                                                    disability, age, marital status, family/
                                                                                                            DATES: Effective November 1, 2016.
                                                                                                                                                                   772(a) of the Act. Normal value (‘‘NV’’)
                                                    parental status, income derived from a
                                                                                                                                                                   has been calculated in accordance with
                                                    public assistance program, or political                 FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                   section 773 of the Act. The other two
                                                    beliefs, exclude from participation in,                 Karine Gziryan at (202) 482–4081 or Eli                mandatory respondents in this
                                                    deny the benefits of, or subject to                     Lovely at (202) 482–1593; AD/CVD                       investigation,4 Woojin and Fortune,
                                                    discrimination any person in the United                 Operations, Enforcement and                            failed to respond to the Department’s
                                                    States under any program or activity                    Compliance, International Trade                        questionnaire or otherwise participate
                                                    conducted by the USDA.                                  Administration, U.S. Department of                     in the investigation. Thus, we
                                                    How To File a Complaint of                              Commerce, 1401 Constitution Avenue                     preliminarily determine to apply facts
                                                    Discrimination                                          NW., Washington, DC 20230.                             otherwise available with an adverse
                                                                                                            SUPPLEMENTARY INFORMATION:                             inference to these respondents pursuant
                                                      To file a complaint of discrimination,
                                                    complete the USDA Program                               Background                                                2 See Memorandum from Christian Marsh, Deputy
                                                    Discrimination Complaint Form, which                      The Department published the notice                  Assistant Secretary for Antidumping and
                                                    may be accessed online at http://                       of initiation of this investigation on                 Countervailing Duty Operations, to Ronald K.
                                                    www.ocio.usda.gov/sites/default/files/                  April 18, 2016.1 For a complete                        Lorentzen, Acting Assistant Secretary for
                                                                                                                                                                   Enforcement and Compliance ‘‘Decision
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    docs/2012/Complain_combined_6_8_                        description of the events that followed                Memorandum for the Preliminary Determination in
                                                    12.pdf, or write a letter signed by you                 the initiation of this investigation, see              the Less-Than-Fair Value Investigation of
                                                    or your authorized representative.                      the Preliminary Decision Memorandum                    Ferrovanadium from the Republic of Korea’’
                                                      Send your completed complaint form                    that is dated concurrently with this                   (‘‘Preliminary Decision Memorandum’’), dated
                                                    or letter to USDA by mail, fax, or email:                                                                      concurrently with this notice.
                                                                                                            determination and is hereby adopted by                    3 See Initiation Notice, 81 FR 24060.
                                                      Mail: U.S. Department of Agriculture,                                                                           4 Korvan Ind. Co., Ltd. (‘‘Korvan’’), Woojin Ind.
                                                    Director, Office of Adjudication, 1400                    1 See Ferrovanadium from the Republic of Korea:      Co., Ltd. (‘‘Woojin’’), and Fortune Metallurgical
                                                    Independence Avenue SW.,                                Initiation of Less-Than-Fair-Value Investigation, 81   Group Co., Ltd. (‘‘Fortune’’) are the mandatory
                                                    Washington, DC 20250–9410, Fax: (202)                   FR 24059 (April 18, 2016) (‘‘Initiation Notice’’).     respondents in this investigation.



                                               VerDate Sep<11>2014   00:01 Nov 01, 2016   Jkt 241001   PO 00000   Frm 00002   Fmt 4703   Sfmt 4703   E:\FR\FM\01NON1.SGM   01NON1


                                                                               Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices                                                    75807

                                                    to sections 776(a) and (b) of the Act. For              cash deposit for the mandatory                        1401 Constitution Avenue NW.,
                                                    a full description of the methodology                   respondents listed above will be the                  Washington, DC 20230, at a time and
                                                    underlying our preliminary                              respondent-specific weighted-average                  date to be determined. Parties should
                                                    determination, see the Preliminary                      dumping margin listed for the                         confirm by telephone the date, time, and
                                                    Decision Memorandum.                                    respondent in the table above; (2) if the             location of the hearing two days before
                                                                                                            exporter is not a mandatory respondent                the scheduled date.
                                                    All-Others Rate
                                                                                                            identified above, but the producer is,
                                                      Section 735(c)(5)(A) of the Act                                                                             Verification
                                                                                                            the cash deposit rate will be the
                                                    provides that the estimated all-others                  weighted-average dumping margin                          As provided in section 782(i) of the
                                                    rate shall be equal to the weighted                     established for the producer of the                   Act, we intend to verify the information
                                                    average of the estimated weighted-                      subject merchandise; and (3) the rate for             that will be relied upon in making our
                                                    average dumping margins established                     all other producers or exporters will be              final determination.
                                                    for exporters and producers                             the all others rate listed in the table               Postponement of Final Determination
                                                    individually investigated, excluding any                above.5                                               and Extension of Provisional Measures
                                                    zero and de minimis dumping margins,
                                                    and any dumping margins determined                     Disclosure and Public Comment                             Section 735(a)(2) of the Act provides
                                                    entirely under section 776 of the Act.                     We intend to disclose the calculations             that a final determination may be
                                                    Korvan is the only participating                       that we performed in this investigation                postponed until not later than 135 days
                                                    mandatory respondent in this                           to interested parties in this proceeding               after the date of the publication of the
                                                    investigation. The Department                          within five days after the date of public              preliminary determination if, in the
                                                    calculated a company-specific dumping                  announcement of the preliminary                        event of an affirmative preliminary
                                                    margin for Korvan which is not zero, de                determination in accordance with 19                    determination, a request for such
                                                    minimis or based entirely on facts                     CFR 351.224(b). Interested parties are                 postponement is made by exporters who
                                                    available. Therefore, for purposes of                  invited to comment on this preliminary                 account for a significant proportion of
                                                    determining the ‘‘all-others’’ rate and                determination. Case briefs or other                    exports of the subject merchandise, or in
                                                    pursuant to section 735(c)(5)(A) of the                written comments may be submitted to                   the event of a negative preliminary
                                                    Act, we are assigning the weighted-                    the Assistant Secretary for Enforcement                determination, a request for such
                                                    average dumping margin calculated for                  and Compliance no later than seven                     postponement is made by petitioners. 19
                                                    Korvan to all other producers and                      days after the date on which the final                 CFR 351.210(e)(2) requires that requests
                                                    exporters of the merchandise under                     verification report is issued in this                  by respondents for postponement of a
                                                    consideration.                                         proceeding, and rebuttal briefs, limited               final antidumping determination be
                                                                                                           to issues raised in case briefs, may be                accompanied by a request for extension
                                                    Preliminary Determination                                                                                     of provisional measures from a four-
                                                                                                           submitted no later than five days after
                                                       The Department preliminarily                        the deadline for case briefs.6 Pursuant to             month period to a period not more than
                                                    determines that the following weighted- 19 CFR 351.309(c)(2) and (d)(2), parties                              six months in duration.
                                                    average dumping margins exist:                         who submit case briefs or rebuttal briefs                 On September 23, 2016, pursuant to
                                                                                                           in this proceeding are encouraged to                   19 CFR 351.210(e) and (e)(2), Korvan
                                                                                                           submit with each argument: (1) A                       requested that the Department postpone
                                                                                                           statement of the issue; (2) a brief                    the final determination and that
                                                                                              Weighted-    summary of the argument; and (3) a                     provisional measures be extended to a
                                                                                               average                                                            period not to exceed six months.8
                                                          Exporter/Producer                                table of authorities. All documents must
                                                                                                margin                                                            Therefore, in accordance with section
                                                                                                  %        be filed electronically by the due date
                                                                                                           using ACCESS.                                          735(a)(2)(A) of the Act and 19 CFR
                                                    Fortune Metallurgical Group                                Pursuant to 19 CFR 351.310(c),                     351.210(b)(2)(ii), because: (1) Our
                                                       Co., Ltd. ............................        54.69 interested parties who wish to request a               preliminary determination is
                                                    Korvan Ind. Co., Ltd. ............                4.48 hearing must submit a written request                  affirmative; (2) the requesting exporter
                                                    Woojin Ind. Co., Ltd. .............              54.69                                                        accounts for a significant proportion of
                                                    All-Others ..............................         4.48
                                                                                                           for a hearing to the Assistant Secretary
                                                                                                           for Enforcement and Compliance, U.S.                   exports of the subject merchandise; and
                                                                                                           Department of Commerce. An                             (3) no compelling reasons for denial
                                                    Suspension of Liquidation                                                                                     exist, we are postponing the final
                                                                                                           electronically-filed request for a hearing
                                                       In accordance with section 733(d)(2)                must be received successfully in its                   determination and extending the
                                                    of the Act, we will direct U.S. Customs                entirety by ACCESS by 5:00 p.m.                        provisional measures from a four-month
                                                    and Border Protection (‘‘CBP’’) to                     Eastern Time, within 30 days after the                 period to a period not greater than six
                                                    suspend liquidation of all entries of                  date of publication of this notice.7                   months. Accordingly, we will make our
                                                    ferrovanadium from the Republic of                     Hearing requests should contain the                    final determination no later than 135
                                                    Korea, as described in the scope of the                party’s name, address, and telephone                   days after the date of publication of this
                                                    investigation, that are entered, or                    number, the number of participants, and                preliminary determination, pursuant to
                                                    withdrawn from warehouse, for                          a list of the issues to be discussed. If a             section 735(a)(2) of the Act.9
                                                    consumption on or after the date of                    request for a hearing is made, the                     International Trade Commission
                                                    publication of this notice in the Federal Department intends to hold the hearing                              (‘‘ITC’’) Notification
                                                    Register. These suspension of
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                           at the U.S. Department of Commerce,
                                                    liquidation instructions will remain in                                                                          In accordance with section 733(f) of
                                                    effect until further notice.                              5 See Modification of Regulations Regarding the
                                                                                                                                                                  the Act, we will notify the ITC of our
                                                       Pursuant to section 733(d) of the Act               Practice of Accepting Bonds During the Provisional     affirmative preliminary determination of
                                                    and 19 CFR 351.205(d), we will instruct Measures Period in Antidumping and
                                                                                                           Countervailing Duty Investigations, 76 FR 61042          8 See Letter to the Secretary of Commerce from
                                                    CBP to require cash deposits equal to                  (October 3, 2011).                                     Korvan ‘‘Ferrovanadium from the Republic of
                                                    the weighted-average amount by which                      6 See 19 CFR 351.309; see also 19 CFR 351.303       Korea: Korvan’s Request to Extend the Final
                                                    the NV exceeds U.S. price, as indicated                (for general filing requirements).                     Determination,’’ dated September 23, 2016.
                                                    in the table above, as follows: (1) The                   7 See 19 CFR 351.310(c).                              9 See also 19 CFR 351.210(e).




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                                                    75808                      Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices

                                                    sales at LTFV. If our final determination                  B. Corroboration of Secondary Information                   Commission’’) is publishing
                                                    is affirmative, the ITC will determine                     C. All Others Rate                                          concurrently with this notice its notice
                                                    before the later of 120 days after the date                D. Fair Value Comparisons                                   of Institution of Five-Year Review which
                                                                                                               1. Determination of the Comparison
                                                    of this preliminary determination or 45                       Method
                                                                                                                                                                           covers the same order(s).
                                                    days after our final determination                         2. Results of the Differential Pricing                      DATES:     Effective Date: (November 1,
                                                    whether these imports are materially                          Analysis                                                 2016).
                                                    injuring, or threaten material injury to,                  E. Date of Sale
                                                    the U.S. industry.                                         F. U.S. Price                                               FOR FURTHER INFORMATION CONTACT:     The
                                                       This determination is issued and                        G. Normal Value                                             Department official identified in the
                                                    published in accordance with sections                      1. Comparison-Market Viability                              Initiation of Review section below at
                                                                                                               2. Level of Trade                                           AD/CVD Operations, Enforcement and
                                                    733(f) and 777(i)(1) of the Act and 19
                                                                                                               3. Calculation of Normal Value Based on
                                                    CFR 351.205(c).                                               Comparison Market Prices
                                                                                                                                                                           Compliance, International Trade
                                                      Dated: October 25, 2016.                                 4. Calculation of NV Based on CV                            Administration, U.S. Department of
                                                                                                               H. Cost of Production                                       Commerce, 14th Street and Constitution
                                                    Ronald K. Lorentzen,
                                                                                                               1. Cost Averaging Methodology                               Avenue NW., Washington, DC 20230.
                                                    Acting Assistant Secretary for Enforcement                 a. Significance of Cost Changes                             For information from the Commission
                                                    and Compliance.                                            b. Linkage Between Sales and Cost Sales                     contact Mary Messer, Office of
                                                    Appendix I                                                    Information                                              Investigations, U.S. International Trade
                                                                                                               2. Calculation of COP                                       Commission at (202) 205–3193.
                                                    Scope of the Investigation                                 3. Test of Comparison Market Sales Prices
                                                       The product covered by this investigation               4. Results of the COP Test                                  SUPPLEMENTARY INFORMATION:
                                                    is all ferrovanadium regardless of grade (i.e.,          X. Currency Conversion
                                                                                                             XI. Verification                                              Background
                                                    percentage of contained vanadium),
                                                    chemistry, form, shape, or size.                         XII. Recommendation                                             The Department’s procedures for the
                                                    Ferrovanadium is an alloy of iron and                    [FR Doc. 2016–26363 Filed 10–31–16; 8:45 am]                  conduct of Sunset Reviews are set forth
                                                    vanadium. Ferrovanadium is classified under              BILLING CODE 3510–DS–P                                        in its Procedures for Conducting Five-
                                                    Harmonized Tariff Schedule of the United                                                                               Year (‘‘Sunset’’) Reviews of
                                                    States (HTSUS) item number 7202.92.0000.
                                                    Although this HTSUS item number is
                                                                                                                                                                           Antidumping and Countervailing Duty
                                                                                                             DEPARTMENT OF COMMERCE                                        Orders, 63 FR 13516 (March 20, 1998)
                                                    provided for convenience and Customs
                                                    purposes, the written description of the                                                                               and 70 FR 62061 (October 28, 2005).
                                                                                                             International Trade Administration                            Guidance on methodological or
                                                    scope of the investigation is dispositive.
                                                                                                             Initiation of Five-Year (‘‘Sunset’’)                          analytical issues relevant to the
                                                    Appendix II                                                                                                            Department’s conduct of Sunset
                                                                                                             Reviews
                                                    List of Topics Discussed in the Preliminary                                                                            Reviews is set forth in Antidumping
                                                    Decision Memorandum:                                     AGENCY:  Enforcement and Compliance,                          Proceedings: Calculation of the
                                                    I. Summary                                               International Trade Administration,                           Weighted-Average Dumping Margin and
                                                    II. Background                                           Department of Commerce.                                       Assessment Rate in Certain
                                                    III. Period of Investigation                             SUMMARY: In accordance with section                           Antidumping Duty Proceedings; Final
                                                    IV. Postponement of Preliminary                          751(c) of the Tariff Act of 1930, as                          Modification, 77 FR 8101 (February 14,
                                                          Determination                                      amended (‘‘the Act’’), the Department of                      2012).
                                                    V. Postponement of Final Determination and               Commerce (‘‘the Department’’) is
                                                          Extension of Provisional Measures                                                                                Initiation of Review
                                                    VI. Scope of the Investigation
                                                                                                             automatically initiating the five-year
                                                    VII. Scope Comments                                      reviews (‘‘Sunset Reviews’’) of the                             In accordance with 19 CFR
                                                    VIII. Selection of Respondents                           antidumping and countervailing duty                           351.218(c), we are initiating Sunset
                                                    IX. Discussion of Methodology                            (‘‘AD/CVD’’) order(s) listed below. The                       Reviews of the following antidumping
                                                       A. Application of Facts Available                     International Trade Commission (‘‘the                         and countervailing duty order(s):



                                                       DOC Case No.             ITC Case No.                  Country                                  Product                                 Department contact

                                                    A–580–815 ............   731–TA–461 .........      Japan ....................    Gray Portland Cement and Cement                  David Goldberger (202) 482–4136.
                                                                                                                                       Clinker (4th Review).
                                                    A–570–822 ............   731–TA–624 .........      PRC ......................    Helical Spring Lock Washers (4th Re-             David Goldberger (202) 482–4136.
                                                                                                                                       view).
                                                    A–570–970 ............   731–TA–1179 .......       PRC ......................    Multilayered Wood Flooring (1st Re-              Matthew Renkey 202–482–2312.
                                                                                                                                       view).
                                                    C–570–971 ............   701–TA–476 .........      PRC ......................    Multilayered Wood Flooring (1st Re-              David Goldberger (202) 482–4136.
                                                                                                                                       view).
                                                    A–580–810 ............   731–TA–540 .........      Republic of Korea             Welded ASTM A–312 Stainless Steel                Jaqueline Arrowsmith (202) 482–
                                                                                                                                       Pipe (4th Review).                               5255.
                                                    A–821–801 ............   731–TA–340–E .....        Russia ...................    Solid Urea (4th Review) ......................   David Goldberger (202) 482–4136.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    A–583–820 ............   731–TA–625 .........      Taiwan ..................     Helical Spring Lock Washers (4th Re-             David Goldberger (202) 482–4136.
                                                                                                                                       view).
                                                    A–583–815 ............   731–TA–541 .........      Taiwan ..................     Welded ASTM A–312 Stainless Steel                Jaqueline Arrowsmith (202) 482–
                                                                                                                                       Pipe (4th Review).                               5255.
                                                    A–823–801 ............   731–TA–340–H ....         Ukraine .................     Solid Urea (4th Review) ......................   David Goldberger (202) 482–4136.




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Document Created: 2016-11-01 02:36:41
Document Modified: 2016-11-01 02:36:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective November 1, 2016.
ContactKarine Gziryan at (202) 482-4081 or Eli Lovely at (202) 482-1593; AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
FR Citation81 FR 75806 

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