81 FR 87590 - Ferrovanadium From Korea; Scheduling of the Final Phase of an Antidumping Duty Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 233 (December 5, 2016)

The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation No. 731-TA-1315 (Final) pursuant to the Tariff Act of 1930 (``the Act'') to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of ferrovanadium from Korea, provided for in subheading 7202.92.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce to be sold at less than fair value.\1\ ---------------------------------------------------------------------------

[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Notices]
[Pages 87590-87591]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29034]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1315 (Final)]


Ferrovanadium From Korea; Scheduling of the Final Phase of an 
Antidumping Duty Investigation

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-1315 (Final) 
pursuant to the Tariff Act of 1930 (``the Act'') to determine whether 
an industry in the United States is materially injured or threatened 
with material injury, or the establishment of an industry in the United 
States is materially retarded, by reason of imports of ferrovanadium 
from Korea, provided for in subheading 7202.92.00 of the Harmonized 
Tariff Schedule of the United States, preliminarily determined by the 
Department of Commerce to be sold at less than fair value.\1\
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    \1\ For purposes of this investigation, the Department of 
Commerce has defined the subject merchandise as all ferrovanadium 
regardless of grade (i.e., percentage of contained vanadium), 
chemistry, form, shape, or size. Ferrovanadium is an alloy of iron 
and vanadium. See 81 FR 75806, November 1, 2016

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DATES: Effective Date: November 1, 2016.

FOR FURTHER INFORMATION CONTACT: Lawrence Jones (202-205-3358), Office 
of Investigations, U.S. International Trade Commission, 500 E Street 
SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--The final phase of this investigation is being 
scheduled, pursuant to section 735(b) of the Tariff Act of 1930 (19 
U.S.C. 1673d(b)), as a result of an affirmative preliminary 
determination by the Department of Commerce that imports of 
ferrovanadium from Korea are being sold in the United States at less 
than fair value within the meaning of section 733 of the Act (19 U.S.C. 
1673b). The investigation was requested in a petition filed on March 
28, 2016, by the Vanadium Producers and Reclaimers Association and its 
members: AMG Vanadium, LLC, Cambridge, Ohio; Bear Metallurgical 
Company, Butler, Pennsylvania; Gulf Chemical & Metallurgical 
Corporation, Freeport, Texas; and Evraz Stratcor, Inc., Hot Springs, 
Arkansas.
    For further information concerning the conduct of this phase of the 
investigation, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigation and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of this 
investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigation need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigation.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of this investigation 
available to authorized applicants under the APO issued in the 
investigation, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigation. A party granted access 
to BPI in the preliminary phase of the investigation need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
this investigation will be placed in the nonpublic record on March 7, 
2017, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of this investigation beginning at 9:30 a.m. on Tuesday, 
March 21, 2017, at the U.S. International Trade Commission Building. 
Requests to appear at the hearing should be filed in writing with the 
Secretary to the Commission on or before March 15, 2017. A nonparty who 
has testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should participate in a prehearing conference to be held 
on March 17, 2017, at the U.S. International Trade Commission Building, 
if deemed necessary. Oral testimony and written materials to be 
submitted at the public hearing are governed by sections 201.6(b)(2), 
201.13(f), and 207.24 of the Commission's rules. Parties must submit 
any request to present a portion of their hearing testimony in camera 
no later than 7 business days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is March 14, 2017. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is March 28, 2017. In addition, any person who has not entered 
an appearance as a party to

[[Page 87591]]

the investigation may submit a written statement of information 
pertinent to the subject of the investigation, including statements of 
support or opposition to the petition, on or before March 28, 2017. On 
April 12, 2017, the Commission will make available to parties all 
information on which they have not had an opportunity to comment. 
Parties may submit final comments on this information on or before 
April 14, 2017, but such final comments must not contain new factual 
information and must otherwise comply with section 207.30 of the 
Commission's rules. All written submissions must conform with the 
provisions of section 201.8 of the Commission's rules; any submissions 
that contain BPI must also conform with the requirements of sections 
201.6, 207.3, and 207.7 of the Commission's rules. The Commission's 
Handbook on E-Filing, available on the Commission's Web site at https://edis.usitc.gov, elaborates upon the Commission's rules with respect to 
electronic filing.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigation must be 
served on all other parties to the investigation (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: This investigation is being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: November 29, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-29034 Filed 12-2-16; 8:45 am]
 BILLING CODE 7020-02-P