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)

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.

[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