82 FR 22309 - Ferrovanadium From the Republic of Korea: Antidumping Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 92 (May 15, 2017)
International Trade Administration
Federal Register Volume 82, Issue 92 (May 15, 2017)
| Page Range | 22309-22310 | |
| FR Document | 2017-09745 |
[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)] [Notices] [Pages 22309-22310] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09745] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-886] Ferrovanadium From the Republic of Korea: Antidumping Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on an affirmative final determination by the Department of Commerce (the Department) and an affirmative final determination by the International Trade Commission (the ITC), the Department is issuing an antidumping duty order on ferrovanadium from the Republic of Korea (Korea). DATES: Effective May 15, 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, respectively. SUPPLEMENTARY INFORMATION: Background In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on March 23, 2017, the Department published its final affirmative determination of sales at less-than-fair-value (LTFV) with respect to ferrovanadium from Korea.\1\ On May 8, 2017, the ITC notified the Department of its final affirmative determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of the LTFV imports of ferrovanadium from Korea.\2\ --------------------------------------------------------------------------- \1\ See Ferrovanadium From the Republic of Korea: Final Determination of Sales at Less Than Fair Value, 82 FR 14874 (March 23, 2017). \2\ See Letter to Ronald Lorentzen, Acting Assistant Secretary of Commerce for Enforcement and Compliance, from Rhonda K. Schmidtlein, Chairman of the U.S. International Trade Commission, regarding ferrovanadium from the Republic of Korea (April 08, 2017). --------------------------------------------------------------------------- Scope of the Order The product covered by this order is all ferrovanadium regardless of grade (i.e., percentage of contained vanadium), chemistry, form, shape, or size. Ferrovanadium is an alloy of iron and vanadium. Ferrovanadium is classified under Harmonized Tariff Schedule of the United States (``HTSUS'') item number 7202.92.0000. Although this HTSUS item number is provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Antidumping Duty Order As stated above, on May 8, 2017, in accordance with section 735(d) of the Act, the ITC notified the Department of its final determination that the industry in the United States producing ferrovanadium is materially injured by reason of the LTFV imports of ferrovanadium from Korea.\3\ Therefore, in accordance with section 735(c)(2) of the Act, the Department is issuing this [[Page 22310]] antidumping duty order. Because the ITC determined that imports of ferrovanadium from Korea are materially injuring a U.S. industry, unliquidated entries of such merchandise from Korea entered, or withdrawn from warehouse, for consumption are subject to the assessment of antidumping duties. --------------------------------------------------------------------------- \3\ Id. --------------------------------------------------------------------------- As a result of the ITC's final affirmative determination, in accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price of the merchandise, for all relevant entries of ferrovanadium from Korea. Antidumping duties will be assessed on unliquidated entries of ferrovanadium from Korea entered, or withdrawn from warehouse, for consumption on or after November 1, 2016, the date of publication of the Preliminary Determination,\4\ but will not include entries occurring after the expiration of the provisional measures period and before publication of the ITC's final injury determination as further described below. --------------------------------------------------------------------------- \4\ 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''). --------------------------------------------------------------------------- Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, the Department will instruct CBP to continue to suspend liquidation on all relevant entries of ferrovanadium from Korea. These instructions suspending liquidation will remain in effect until further notice. The Department will also instruct CBP to require cash deposits equal to the estimated weighted-average dumping margins indicated below. Accordingly, effective on the date of publication of the ITC's final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the estimated weighted- average antidumping duty margins listed below.\5\ The all-others rate applies to all producers or exporters not specifically listed. --------------------------------------------------------------------------- \5\ See Section 736(a)(3) of the Act. --------------------------------------------------------------------------- Provisional Measures Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request the Department to extend that four-month period to no more than six months. At the request of an exporter accounting for a significant proportion of ferrovanadium from Korea, the Department extended the four-month period to six months.\6\ The Department published the Preliminary Determination in this investigation on November 1, 2016. Therefore, the extended period, beginning on the date of publication of the Preliminary Determination, ended on April 29, 2017. Furthermore, section 737(b) of the Act states that definitive duties are to begin on the date of publication of the ITC's final injury determination. --------------------------------------------------------------------------- \6\ See Preliminary Determination. --------------------------------------------------------------------------- Therefore, in accordance with section 733(d) of the Act and our practice, the Department will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of ferrovanadium from Korea entered, or withdrawn from warehouse, for consumption after April 29, 2017, the date on which the provisional measures expired, until and through the day preceding the date of publication of the ITC's final injury determination in the Federal Register. Suspension of liquidation will resume on the date of publication of the ITC's final determination in the Federal Register. Estimated Weighted-Average Dumping Margins The estimated weighted-average antidumping duty margins are as follows: ------------------------------------------------------------------------ Weighted- average Exporter/Producer dumping margins (percent) ------------------------------------------------------------------------ Korvan Ind. Co., Ltd........................................ 3.22 Fortune Metallurgical Group Co., Ltd........................ 54.69 Woojin Ind. Co., Ltd........................................ 54.69 All-Others.................................................. 3.22 ------------------------------------------------------------------------ Notification to Interested Parties This notice constitutes the antidumping duty order with respect to ferrovanadium from Korea pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html. This order is published in accordance with section 736(a) of the Act and 19 CFR 351.211(b). Dated: May 9, 2017. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2017-09745 Filed 5-12-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Notices 22309
access or prefer to respond by paper. In method will receive the current ITC), the Department is issuing an
fact, the addition of the internet mode production materials following the Push antidumping duty order on
resulted in self-response rates mailing strategy. ferrovanadium from the Republic of
decreasing in certain areas The Census Bureau proposes to Korea (Korea).
(Baumgardner, S., Griffin, D., & Raglin, evaluate mailing strategies by DATES: Effective May 15, 2017.
D. 2014. ‘‘The Effects of Adding an comparing self-response rates and by FOR FURTHER INFORMATION CONTACT:
Internet Response Option to the comparing the final response rates, Karine Gziryan or Eli Lovely, AD/CVD
American Community Survey’’, 2014 which include responses obtained via Operations, Office IV, Enforcement and
American Community Survey Research interviewer modes. This will help Compliance, International Trade
and Evaluation Report Memorandum determine the impact of offering a paper Administration, U.S. Department of
Series, ACS14–RER–21. Retrieved questionnaire earlier in the mailout Commerce, 1401 Constitution Avenue
March 6, 2017 from https:// process. For this comparison, a two- NW., Washington, DC 20230; telephone:
www.census.gov/library/working- tailed test (at the a = 0.1 level) will be (202) 482–4081 or (202) 482–1593,
papers/2014/acs/2014_Baumgardner_ used so that the Census Bureau can respectively.
04.html). Those less likely to respond by measure the impact on the evaluation
SUPPLEMENTARY INFORMATION:
internet include those 65 and older, measure in either direction with 80
adults with less than a high school percent power. The sample size will be Background
education, and those living in able to detect differences of In accordance with sections 735(d)
households with a total income of less approximately 1 percentage point and 777(i)(1) of the Tariff Act of 1930,
than $20,000 (Pew Research Center, between the self-response return rates of as amended (the Act), and 19 CFR
September 22, 2015). ‘‘Coverage Error in the identified tracts receiving the Push 351.210(c), on March 23, 2017, the
Internet Surveys.’’ Retrieved on March materials versus those receiving the Department published its final
15, 2017 from http:// Choice materials. Additional metrics of affirmative determination of sales at
www.pewresearch.org/2015/09/22/ interest include response rates by sub- less-than-fair-value (LTFV) with respect
coverage-error-in-internet-surveys). groups, overall costs, and the impact on
The Census Bureau seeks to test an to ferrovanadium from Korea.1 On May
reliability of the ACS estimates. 8, 2017, the ITC notified the Department
additional mailing strategy in areas with Affected Public: Individuals or
a low likelihood to respond via the of its final affirmative determination
households. that an industry in the United States is
internet. The new strategy would Frequency: One-time test as part of
involve mailing a paper questionnaire to materially injured within the meaning
the monthly American Community of section 735(b)(1)(A)(i) of the Act, by
these areas earlier in the mailing Survey.
process, giving households the option to reason of the LTFV imports of
Respondent’s Obligation: Mandatory. ferrovanadium from Korea.2
respond by paper or via the internet. Legal Authority: Title 13, United
This strategy is called the Choice States Code, Sections 141, 193, and 221. Scope of the Order
method. The purpose of this test is to This information collection request The product covered by this order is
study the impact of offering a choice in may be viewed at www.reginfo.gov. all ferrovanadium regardless of grade
response modes on self-response, cost, Follow the instructions to view (i.e., percentage of contained
and the precision of the estimates. The Department of Commerce collections vanadium), chemistry, form, shape, or
Census Bureau proposes to test this currently under review by OMB. size. Ferrovanadium is an alloy of iron
strategy as part of the October 2017 ACS Written comments and and vanadium. Ferrovanadium is
production panel (clearance number: recommendations for the proposed classified under Harmonized Tariff
0607–0810, expires 6/30/2018). Thus, information collection should be sent Schedule of the United States
there is no increase in burden from this within 30 days of publication of this (‘‘HTSUS’’) item number 7202.92.0000.
test since it will result in the same notice to OIRA_Submission@
burden estimate per interview (40 Although this HTSUS item number is
omb.eop.gov or fax to (202) 395–5806. provided for convenience and customs
minutes).
Census tracts will be identified as Sheleen Dumas, purposes, the written description of the
Choice census tracts based on a method PRA Departmental Lead, Office of the Chief
scope of the order is dispositive.
similar to that being developed for the Information Officer. Antidumping Duty Order
2020 Census that looks at varying [FR Doc. 2017–09727 Filed 5–12–17; 8:45 am]
As stated above, on May 8, 2017, in
combinations of low availability of high- BILLING CODE 3510–07–P accordance with section 735(d) of the
speed internet connections, historically
Act, the ITC notified the Department of
low ACS survey response via the
its final determination that the industry
internet, and a large proportion of the DEPARTMENT OF COMMERCE
in the United States producing
population aged 65 and older, for
International Trade Administration ferrovanadium is materially injured by
example. Based on current analysis and
reason of the LTFV imports of
estimates, of the over 70,000 tracts in [A–580–886]
the United States, approximately 33 ferrovanadium from Korea.3 Therefore,
percent would be identified as Choice in accordance with section 735(c)(2) of
Ferrovanadium From the Republic of the Act, the Department is issuing this
tracts. Of the approximately 288,000 Korea: Antidumping Duty Order
housing units in a given month of ACS 1 See Ferrovanadium From the Republic of Korea:
sample, approximately 100,000 would AGENCY: Enforcement and Compliance,
jstallworth on DSK7TPTVN1PROD with NOTICES
Final Determination of Sales at Less Than Fair
be in the Choice tracts. For testing International Trade Administration, Value, 82 FR 14874 (March 23, 2017).
purposes, approximately half of the Department of Commerce. 2 See Letter to Ronald Lorentzen, Acting Assistant
housing units in Choice tracts will be SUMMARY: Based on an affirmative final Secretary of Commerce for Enforcement and
sent the choice mailing materials, while determination by the Department of Compliance, from Rhonda K. Schmidtlein,
Chairman of the U.S. International Trade
the other half will receive production Commerce (the Department) and an Commission, regarding ferrovanadium from the
mailing materials. All households in affirmative final determination by the Republic of Korea (April 08, 2017).
tracts not selected to receive the Choice International Trade Commission (the 3 Id.
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![22310 Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Notices
antidumping duty order. Because the may not remain in effect for more than This order is published in accordance
ITC determined that imports of four months, except where exporters with section 736(a) of the Act and 19
ferrovanadium from Korea are representing a significant proportion of CFR 351.211(b).
materially injuring a U.S. industry, exports of the subject merchandise Dated: May 9, 2017.
unliquidated entries of such request the Department to extend that Gary Taverman,
merchandise from Korea entered, or four-month period to no more than six
Associate Deputy Assistant Secretary for
withdrawn from warehouse, for months. At the request of an exporter Antidumping and Countervailing Duty
consumption are subject to the accounting for a significant proportion Operations.
assessment of antidumping duties. of ferrovanadium from Korea, the [FR Doc. 2017–09745 Filed 5–12–17; 8:45 am]
As a result of the ITC’s final Department extended the four-month
BILLING CODE 3510–DS–P
affirmative determination, in period to six months.6 The Department
accordance with section 736(a)(1) of the published the Preliminary
Act, the Department will direct U.S. Determination in this investigation on DEPARTMENT OF COMMERCE
Customs and Border Protection (CBP) to November 1, 2016. Therefore, the
assess, upon further instruction by the extended period, beginning on the date International Trade Administration
Department, antidumping duties equal of publication of the Preliminary
to the amount by which the normal Determination, ended on April 29, 2017. Civil Nuclear Trade Advisory
value of the merchandise exceeds the Furthermore, section 737(b) of the Act Committee: Meeting of the Civil
export price of the merchandise, for all states that definitive duties are to begin Nuclear Trade Advisory Committee
relevant entries of ferrovanadium from on the date of publication of the ITC’s
Korea. Antidumping duties will be AGENCY: International Trade
final injury determination.
assessed on unliquidated entries of Administration, U.S. Department of
Therefore, in accordance with section Commerce.
ferrovanadium from Korea entered, or
733(d) of the Act and our practice, the ACTION: Notice of Federal Advisory
withdrawn from warehouse, for
Department will instruct CBP to Committee meeting.
consumption on or after November 1,
terminate the suspension of liquidation
2016, the date of publication of the
and to liquidate, without regard to SUMMARY: This notice sets forth the
Preliminary Determination,4 but will
antidumping duties, unliquidated schedule and proposed agenda for a
not include entries occurring after the
entries of ferrovanadium from Korea meeting of the Civil Nuclear Trade
expiration of the provisional measures
entered, or withdrawn from warehouse, Advisory Committee (CINTAC).
period and before publication of the
for consumption after April 29, 2017, DATES: The meeting is scheduled for
ITC’s final injury determination as
the date on which the provisional Thursday June 1, 2017, from 11:00 a.m.
further described below.
measures expired, until and through the to 12:00 p.m. Eastern Daylight Time
Continuation of Suspension of day preceding the date of publication of (EDT). The deadline for members of the
Liquidation the ITC’s final injury determination in public to register, including requests to
In accordance with section the Federal Register. Suspension of make comments during the meeting and
735(c)(1)(B) of the Act, the Department liquidation will resume on the date of for auxiliary aids, or to submit written
will instruct CBP to continue to suspend publication of the ITC’s final comments for dissemination prior to the
liquidation on all relevant entries of determination in the Federal Register. meeting, is 5:00 p.m. EDT on Friday,
ferrovanadium from Korea. These Estimated Weighted-Average Dumping May 26, 2017.
instructions suspending liquidation will Margins ADDRESSES: The meeting will be held
remain in effect until further notice. via conference call. The call-in number
The Department will also instruct The estimated weighted-average and passcode will be provided by email
CBP to require cash deposits equal to antidumping duty margins are as to registrants. Requests to register
the estimated weighted-average follows: (including to speak or for auxiliary aids)
dumping margins indicated below. and any written comments should be
Accordingly, effective on the date of Weighted- submitted to: Mr. Jonathan Chesebro,
publication of the ITC’s final affirmative average Office of Energy & Environmental
Exporter/Producer dumping
injury determination, CBP will require, margins Industries, International Trade
at the same time as importers would (percent) Administration, Room 20010, 1401
normally deposit estimated duties on Constitution Ave. NW., Washington, DC
this subject merchandise, a cash deposit Korvan Ind. Co., Ltd. .................. 3.22 20230. (Fax: 202–482–5665; email:
equal to the estimated weighted-average Fortune Metallurgical Group Co., jonathan.chesebro@trade.gov). Members
antidumping duty margins listed Ltd. .......................................... 54.69 of the public are encouraged to submit
below.5 The all-others rate applies to all Woojin Ind. Co., Ltd. ................... 54.69 registration requests and written
producers or exporters not specifically All-Others .................................... 3.22
comments via email to ensure timely
listed. receipt.
Notification to Interested Parties
Provisional Measures FOR FURTHER INFORMATION CONTACT: Mr.
Section 733(d) of the Act states that This notice constitutes the Jonathan Chesebro, Office of Energy &
instructions issued pursuant to an antidumping duty order with respect to Environmental Industries, International
ferrovanadium from Korea pursuant to Trade Administration, Room 20010,
jstallworth on DSK7TPTVN1PROD with NOTICES
affirmative preliminary determination
section 736(a) of the Act. Interested 1401 Constitution Ave. NW.,
4 See Ferrovanadium from the Republic of Korea: parties can find a list of antidumping Washington, DC 20230. (Phone: 202–
Affirmative Preliminary Determination of Sales at duty orders currently in effect at http:// 482–1297; Fax: 202–482–5665; email:
Less Than Fair Value and Postponement of Final enforcement.trade.gov/stats/ jonathan.chesebro@trade.gov).
Determination and Extension of Provisional
Measures, 81 FR 75806 (November 1, 2016)
iastats1.html. SUPPLEMENTARY INFORMATION:
(‘‘Preliminary Determination’’). Background: The CINTAC was
5 See Section 736(a)(3) of the Act. 6 See Preliminary Determination. established under the discretionary
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Document Created: 2017-05-13 02:38:51
Document Modified: 2017-05-13 02:38:51
| 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 May 15, 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, respectively. | |
| FR Citation | 82 FR 22309 |
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