82 FR 14874 - Ferrovanadium From the Republic of Korea: Final Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 55 (March 23, 2017)
International Trade Administration
Federal Register Volume 82, Issue 55 (March 23, 2017)
| Page Range | 14874-14876 | |
| FR Document | 2017-05808 |
[Federal Register Volume 82, Number 55 (Thursday, March 23, 2017)] [Notices] [Pages 14874-14876] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-05808] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-886] Ferrovanadium From the Republic of Korea: Final Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (``the Department'') determines that imports of ferrovanadium from the Republic of Korea are being, or are likely to be, sold in the United States at less than fair value (``LTFV''). The final estimated weighted-average dumping margins of sales at LTFV are listed below in the section entitled ``Final Determination Dumping Margins.'' The period of investigation (``POI'') is January 1, 2015, through December 31, 2015. DATES: Effective March 23, 2017. FOR FURTHER INFORMATION CONTACT: Karine Gziryan or Eli Lovely, 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) 482-4081 or (202) 482-1593. SUPPLEMENTARY INFORMATION: [[Page 14875]] Background The Department published in the Federal Register the Preliminary Determination on November 1, 2016.\1\ A summary of the events that have occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.\2\ The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See 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 (November 1, 2016) (``Preliminary Determination''). \2\ See Memorandum from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen Acting Assistant Secretary for Enforcement and Compliance ``Ferrovanadium from the Republic of Korea: Issues and Decision Memorandum for the Final Determination of Sales at Less-Than-Fair-Value,'' dated concurrently with this notice (``Issues and Decision Memorandum''). --------------------------------------------------------------------------- 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. Use of Adverse Facts Available (``AFA'') As noted in the Preliminary Determination, two of the three mandatory respondents in this investigation, Woojin Industry Co., Ltd. (``Woojin''), and Fortune Metallurgical Group Co., Ltd. (``Fortune''), failed to respond to the Department's questionnaire or otherwise participate in the investigation. Therefore, we preliminarily based their dumping margins on facts otherwise available with an adverse inference, pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as amended (``the Act'') and assigned to them the petition dumping margin of 54.69 percent.\3\ No parties commented on this preliminary decision. For this final determination, we have continued to assign Fortune and Woojin a dumping margin of 54.69 percent as AFA. --------------------------------------------------------------------------- \3\ See 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 (November 1, 2016). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs that were submitted by parties in this investigation are addressed in the Issues and Decision Memorandum accompanying this notice, which is hereby adopted by this notice. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice in the Appendix. Verification As provided in section 782(i) of the Act, in November 2016, the Department verified the sales and cost data reported by Korvan Ind., Co., Ltd. (``Korvan''), the sole cooperating mandatory respondent in this investigation. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by Korvan. Changes to the Dumping Margin Calculations Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the dumping margin calculation for Korvan. For a discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated ``all- others'' rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero or de minimis dumping margins, and any dumping margins determined entirely under section 776 of the Act. We based our calculation of the ``all- others'' rate on the dumping margin calculated for Korvan, the only participating mandatory respondent in this investigation. Final Determination Dumping Margins The Department determines that the following estimated weighted- average dumping margins exist: ------------------------------------------------------------------------ Weighted- average Exporter/producer dumping margins (percent) ------------------------------------------------------------------------ Fortune Metallurgical Group Co., Ltd.................... 54.69 Korvan Ind. Co., Ltd.................................... 3.22 Woojin Ind. Co., Ltd.................................... 54.69 All-Others.............................................. 3.22 ------------------------------------------------------------------------ Disclosure We intend to disclose to parties in this proceeding the calculations performed for this final determination within five days of the date of public announcement of our final determination, in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation Pursuant to section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (``CBP'') to continue to suspend liquidation of all entries of ferrovanadium from the Republic of Korea which were entered, or withdrawn from warehouse, for consumption on or after November 1, 2016, the date of publication of the Preliminary Determination. 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 normal value 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.\4\ --------------------------------------------------------------------------- \4\ 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). --------------------------------------------------------------------------- [[Page 14876]] International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (``ITC'') of our final determination. As our final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will determine within 45 days of the final determination whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports, or sales (or the likelihood of sales) for importation, of the subject merchandise. If the ITC determines that such injury exists, the Department will issue an antidumping duty order directing CBP to assess, upon further-instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders (``APOs'') This notice will serve as a reminder to parties subject to APOs of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the-regulations and the terms of an APO is a sanctionable violation. This determination and notice are issued and published in accordance with sections 735(d) and 777(i) of the Act. Dated: March 16, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics in the Issues and Decision Memorandum I. Summary II. List of Issues III. Background IV. Scope of the Investigation V. Discussion of the Issues Comment 1: Whether the Department Should Use Contract Date as the Date of Sale for Korvan's Sales to one of its U.S. Customers Comment 2: Duty Drawback Comment 3: Whether the Department Should Continue to Treat Korvan's Separate Home Market Sale of Korvan-Produced and Korvan- Purchased Ferrovanadium as a Separate Sales Comment 4: Whether the Department Should Apply Its Standard Average-To-Average Method Calculating the Margin in the Final Determination Comment 5: Whether the Department Made Certain Ministerial Errors in its Calculations Comment 6: General and administrative (G&A) Expenses Comment 7: Financial Expenses Comment 8: Whether to Continue to Apply a Quarterly Cost Methodology V. Recommendation [FR Doc. 2017-05808 Filed 3-22-17; 8:45 am] BILLING CODE 3510-DS-P
![14874 Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices
Subsidy rate
Company (percent
ad valorem)
* Shandong Huayou Chemistry Co., Ltd ..................................................................................................................................... 54.11
* Shandong Xintai Water Treatment Technology ....................................................................................................................... 54.11
* Zaozhuang Fuxing Water Treatment Technology .................................................................................................................... 54.11
* Zaozhuang YouBang Chemicals Co., Ltd ................................................................................................................................ 54.11
* Zouping Dongfang Chemical Industry Co., Ltd ........................................................................................................................ 54.11
* Non-cooperative company to which an adverse facts available rate is being applied. See ‘‘Use of Facts Otherwise Available and Adverse In-
ferences’’ section in the Issues and Decisions Memorandum.
Disclosure access to all privileged and business acidic (non-neutralized) concentrations of
proprietary information in our files, HEDP, also referred to as
We intend to disclose to parties in hydroxyethylidenendiphosphonic acid,
this proceeding the calculations provided the ITC confirms that it will
not disclose such information, either hydroxyethanediphosphonic acid,
performed for this final determination acetodiphosphonic acid, and etidronic acid.
within five days of the date of public publicly or under an administrative The Chemical Abstract Service (CAS) registry
announcement of our final protective order (APO), without the number for HEDP is 2809–21–4.
determination, in accordance with 19 written consent of the Assistant The merchandise subject to this
CFR 351.224(b). Secretary for Enforcement and investigation is currently classified in the
Compliance. Harmonized Tariff Schedule of the United
Suspension of Liquidation States (HTSUS) at subheading 2931.90.9043.
Return or Destruction of Proprietary It may also enter under HTSUS subheadings
As a result of our Preliminary Information 281.19.6090 and 2931.90.9041. While HTSUS
Determination and pursuant to section subheadings and the CAS registry number are
703(d) of the Act, we instructed U.S. In the event that the ITC issues a final
negative injury determination, this provided for convenience and customs
Customs and Border Protection (CBP) to purposes only, the written description of the
suspend liquidation of all entries of notice will serve as the only reminder
scope of this investigation is dispositive.
HEDP from the PRC, that were entered, to parties subject to an APO of their
responsibility concerning the [FR Doc. 2017–05804 Filed 3–22–17; 8:45 am]
or withdrawn from warehouse, for
consumption on or after September 8, destruction of proprietary information BILLING CODE 3510–DS–P
2016, the date of the publication of the disclosed under APO in accordance
Preliminary Determination in the with 19 CFR 351.305(a)(3). Timely
written notification of the return or DEPARTMENT OF COMMERCE
Federal Register. In accordance with
section 703(d) of the Act, we instructed destruction of APO materials or,
International Trade Administration
CBP to discontinue the suspension of alternatively, conversion to judicial
liquidation for CVD purposes for subject protective order, is hereby requested.
Failure to comply with the regulations [A–580–886]
merchandise entered, or withdrawn
from warehouse, on or after January 6, and terms of an APO is a violation that
is subject to sanction. Ferrovanadium From the Republic of
2017, but to continue the suspension of Korea: Final Determination of Sales at
This determination is published
liquidation of all entries from Less Than Fair Value
pursuant to sections 705(d) and 777(i) of
September 8, 2016, through January 5,
the Act. AGENCY: Enforcement and Compliance,
2017.
If the U.S. International Trade Dated: March 20, 2017. International Trade Administration,
Commission (ITC) issues a final Ronald K. Lorentzen, Department of Commerce.
affirmative injury determination, we Acting Assistant Secretary for Enforcement SUMMARY: The Department of Commerce
will issue a CVD order and reinstate the and Compliance. (‘‘the Department’’) determines that
suspension of liquidation under section Appendix I imports of ferrovanadium from the
706(a) of the Act, requiring a cash Republic of Korea are being, or are
deposit of estimated CVDs for such List of Topics Discussed in the Issues and likely to be, sold in the United States at
entries of subject merchandise in the Decision Memorandum
less than fair value (‘‘LTFV’’). The final
amounts indicated above. If the ITC I. Summary estimated weighted-average dumping
determines that material injury, or II. Background
margins of sales at LTFV are listed
III. Scope of the Investigation
threat of material injury, does not exist, below in the section entitled ‘‘Final
IV. Scope Comments
this proceeding will be terminated and V. Subsidy Valuation Determination Dumping Margins.’’ The
all estimated duties deposited or VI. Benchmarks and Discount Rates period of investigation (‘‘POI’’) is
securities posted as a result of the VII. Use of Facts Otherwise Available and January 1, 2015, through December 31,
suspension of liquidation will be Adverse Inferences 2015.
refunded or canceled. VIII. Analysis of Programs
DATES: Effective March 23, 2017.
IX. Analysis of Comments
International Trade Commission Comment 1: Electricity for LTAR FOR FURTHER INFORMATION CONTACT:
Notification Calculation Karine Gziryan or Eli Lovely, AD/CVD
sradovich on DSK3GMQ082PROD with NOTICES
Comment 2: Whether the Department Operations, Office IV, Enforcement and
In accordance with section 705(d) of
Should Find Wujin Water To Be Cross- Compliance, International Trade
the Act, we will notify the ITC of our Owned With Nantong Uniphos
determination. In addition, we are Administration, U.S. Department of
X. Recommendation
making available to the ITC all non- Commerce, 1401 Constitution Avenue
privileged and non-proprietary Appendix II NW., Washington, DC 20230; telephone:
information relating to this The merchandise covered by this (202) 482–4081 or (202) 482–1593.
investigation. We will allow the ITC investigation includes all grades of aqueous SUPPLEMENTARY INFORMATION:
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![14876 Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices
International Trade Commission Average Method Calculating the Margin Period of Investigation
Notification in the Final Determination
Comment 5: Whether the Department Made The period of investigation (POI) is
In accordance with section 735(d) of Certain Ministerial Errors in its July 1, 2015, through December 31,
the Act, we will notify the U.S. Calculations 2015. This period corresponds to the
International Trade Commission (‘‘ITC’’) Comment 6: General and administrative two most recent fiscal quarters prior to
of our final determination. As our final (G&A) Expenses the month of the filing of the petition,
determination is affirmative, in Comment 7: Financial Expenses which was January 2016.3
accordance with section 735(b)(2) of the Comment 8: Whether to Continue to Apply
a Quarterly Cost Methodology Scope of the Investigation
Act, the ITC will determine within 45 V. Recommendation
days of the final determination whether The merchandise covered by this
the domestic industry in the United [FR Doc. 2017–05808 Filed 3–22–17; 8:45 am] investigation includes all grades of
States is materially injured, or BILLING CODE 3510–DS–P aqueous acidic (non-neutralized)
threatened with material injury, by concentrations of 1-hydroxyethylidene-
reason of imports, or sales (or the 1, 1-diphosphonic acid (HEDP), also
likelihood of sales) for importation, of DEPARTMENT OF COMMERCE referred to as
the subject merchandise. If the ITC hydroxyethylidenendiphosphonic acid,
International Trade Administration hydroxyethanediphosphonic acid,
determines that such injury exists, the
Department will issue an antidumping [A–570–045] acetodiphosphonic acid, and etidronic
duty order directing CBP to assess, upon acid. The Chemical Abstract Service
further-instruction by the Department, 1-Hydroxyethylidene-1, 1- (CAS) registry number for HEDP is
antidumping duties on all imports of the Diphosphonic Acid From the People’s 2809–21–4.
subject merchandise entered, or Republic of China: Final Determination The merchandise subject to this
withdrawn from warehouse, for of Sales at Less Than Fair Value investigation is currently classified in
consumption on or after the effective the Harmonized Tariff Schedule of the
AGENCY: Enforcement and Compliance,
date of the suspension of liquidation. United States (HTSUS) at subheading
International Trade Administration,
2931.90.9043. It may also enter under
Notification Regarding Administrative Department of Commerce.
HTSUS subheadings 2811.19.6090 and
Protective Orders (‘‘APOs’’) SUMMARY: The Department of Commerce
2931.90.9041. While HTSUS
(Department) determines that 1- subheadings and the CAS registry
This notice will serve as a reminder Hydroxyethylidene-1, 1-Diphosphonic
to parties subject to APOs of their number are provided for convenience
Acid (HEDP) from the People’s Republic and customs purposes only, the written
responsibility concerning the of China (PRC) is being, or is likely to
disposition of proprietary information description of the scope of this
be, sold in the United States at less than investigation is dispositive.
disclosed under APO in accordance fair value (LTFV). The final weighted-
with 19 CFR 351.305(a)(3). Timely average dumping margins for the Analysis of Comments Received
written notification of the destruction of investigation on HEDP from the PRC are
APO materials or conversion to judicial We addressed all issues raised by
listed in the ‘‘Final Determination parties in case and rebuttal briefs in the
protective order is hereby requested. Margins’’ section of this notice.
Failure to comply with the-regulations Issues and Decision Memorandum.4 The
DATES: Effective March 23, 2017. Appendix to this notice includes a list
and the terms of an APO is a
sanctionable violation. FOR FURTHER INFORMATION CONTACT: of the issues which the parties raised
This determination and notice are Omar Qureshi or Kenneth Hawkins, AD/ and to which the Department responded
issued and published in accordance CVD Operations, Office V, Enforcement in the Issues and Decision
with sections 735(d) and 777(i) of the and Compliance, International Trade Memorandum. The Issues and Decision
Act. Administration, U.S. Department of Memorandum is a public document and
Commerce, 1401 Constitution Avenue is on file electronically via Enforcement
Dated: March 16, 2017. NW., Washington, DC 20230; telephone: and Compliance’s Antidumping and
Ronald K. Lorentzen, (202) 482–5307 or (202) 482–6491, Countervailing Duty Centralized
Acting Assistant Secretary for Enforcement respectively. Electronic Service System (ACCESS).
and Compliance. SUPPLEMENTARY INFORMATION: ACCESS is available to registered users
at http://access.trade.gov. The Issues
Appendix Background and Decision Memorandum is available
List of Topics in the Issues and Decision On November 4, 2016, the Department to all parties in the Central Records
Memorandum Unit, Room B8024 of the main
published its Preliminary
I. Summary Determination.1 We invited interested Department of Commerce building. In
II. List of Issues parties to comment on our Preliminary addition, a complete version of the
III. Background Determination of sales at LTFV. For a Issues and Decision Memorandum is
IV. Scope of the Investigation available at http://
V. Discussion of the Issues
list of the parties that filed case and
rebuttal briefs, see the Issues and enforcement.trade.gov/frn/index.html.
Comment 1: Whether the Department
Should Use Contract Date as the Date of Decision Memorandum.2 The signed and electronic versions of
Sale for Korvan’s Sales to one of its U.S.
Customers 1 See 1-Hydroxyethylidene-1, 1-Diphosphonic to Ronald K. Lorentzen, Acting Assistant Secretary
sradovich on DSK3GMQ082PROD with NOTICES
Comment 2: Duty Drawback Acid from the People’s Republic of China: for Enforcement and Compliance, ‘‘Issues and
Affirmative Preliminary Determination of Sales at Decision Memorandum for the Final Determination
Comment 3: Whether the Department of the Less-Than-Fair-Value Investigation of 1-
Less Than Fair Value, and Postponement of Final
Should Continue to Treat Korvan’s Determination, 81 FR 76916 (November 4, 2016) Hydroxyethylidene-1, 1-Diphosphonic Acid from
Separate Home Market Sale of Korvan- (Preliminary Determination) and accompanying the People’s Republic of China,’’ dated concurrently
Produced and Korvan-Purchased Preliminary Decision Memorandum. with this notice (Issues and Decision
Ferrovanadium as a Separate Sales 2 See Memorandum from Gary Taverman, Memorandum).
Comment 4: Whether the Department Associate Deputy Assistant Secretary for 3 See 19 CFR 351.204(b)(1).
Should Apply Its Standard Average-To- Antidumping and Countervailing Duty Operations, 4 See Issues and Decision Memorandum.
VerDate Sep<11>2014 17:13 Mar 22, 2017 Jkt 241001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\23MRN1.SGM 23MRN1](https://thefederalregister.org/doc/82_FR_14929/page/3.svg)
Document Created: 2017-03-23 02:45:31
Document Modified: 2017-03-23 02:45:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective March 23, 2017. | |
| Contact | Karine Gziryan or Eli Lovely, 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) 482-4081 or (202) 482-1593. | |
| FR Citation | 82 FR 14874 |
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