[Federal Register Volume 85, Number 162 (Thursday, August 20, 2020)]
[Notices]
[Pages 51408-51409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18287]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-791-815, A-570-873]
Ferrovanadium From the Republic of South Africa and the People's
Republic of China: Continuation of Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC) that
revocation of the antidumping duty (AD) orders on ferrovanadium from
the Republic of South Africa (South Africa) and the People's Republic
of China (China) would likely lead to continuation or recurrence of
dumping and material injury to an industry in the United States,
Commerce is publishing a notice of continuation of these AD orders.
DATES: Applicable August 20, 2020.
FOR FURTHER INFORMATION CONTACT: Ian Hamilton, Office II, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4798.
SUPPLEMENTARY INFORMATION:
[[Page 51409]]
Background
On January 2, 2020, the ITC instituted,\1\ and Commerce
initiated,\2\ the third five-year (sunset) reviews of the AD orders on
ferrovanadium from South Africa and China,\3\ pursuant to section
751(c) of the Tariff Act of 1930, as amended (the Act). As a result of
its reviews, Commerce determined, pursuant to sections 751(c) and
752(c) of the Act, that revocation of the Orders on ferrovanadium from
South Africa and China would be likely to lead to the continuation or
recurrence of dumping. Commerce also notified the ITC of the magnitude
of the margins of dumping likely to prevail should the Orders be
revoked.\4\
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\1\ See Ferrovanadium from China and South Africa; Institution
of Five-Year Reviews, 85 FR 122 (January 2, 2020).
\2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 67
(January 2, 2020).
\3\ See Notice of Antidumping Duty Order: Ferrovanadium from the
Republic of South Africa, 68 FR 4169 (January 28, 2003); see also
Notice of Amended Final Antidumping Duty Determination of Sales at
Less Than Fair Value and Antidumping Duty Order: Ferrovanadium From
the People's Republic of China, 68 FR 4168 (January 28, 2003)
(collectively, Orders).
\4\ See Ferrovanadium From the Republic of South Africa and the
People's Republic of China: Final Results of the Expedited Third
Sunset Reviews of the Antidumping Duty Orders, 85 FR 26667 (May 5,
2020), and accompanying Issues and Decision Memorandum.
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On August 13, 2020, the ITC published its determinations, pursuant
to sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Ferrovanadium from the Republic of South Africa and the
People's Republic of China (Inv. Nos. 731-TA-986 and 731-TA-987
(Review)), 85 FR 49394 (August 13, 2020); see also Ferrovanadium
from the Republic of South Africa and the People's Republic of China
(Inv. Nos. 731-TA-986 and 731-TA-987 (Review)), USITC Pub. 5099
(August 2020).
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Scope of the Orders
The scope of the Orders covers all ferrovanadium regardless of
grade, chemistry, form, shape, or size. Ferrovanadium is an alloy of
iron and vanadium that is used chiefly as an additive in the
manufacture of steel. The merchandise is commercially and
scientifically identified as vanadium. It specifically excludes
vanadium additives other than ferrovanadium, such as nitride vanadium,
vanadium-aluminum master alloys, vanadium chemicals, vanadium oxides,
vanadium waste and scrap, and vanadium-bearing raw materials such as
slag, boiler residues and fly ash. Merchandise under the following
Harmonized Tariff Schedule of the United States (HTSUS) item numbers
2850.00.2000, 8112.40.3000, and 8112.40.6000 are specifically excluded.
Ferrovanadium is classified under HTSUS item number 7202.92.00.
Although the HTSUS item number is provided for convenience and Customs
purposes, Commerce's written description of the scope of these orders
remains dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to a continuation or a
recurrence of dumping and of material injury to an industry in the
United States, pursuant to section 751(d)(2) of the Act and 19 CFR
351.218(a), Commerce hereby orders the continuation of the Orders. U.S.
Customs and Border Protection will continue to collect AD cash deposits
at the rates in effect at the time of entry for all imports of subject
merchandise. The effective date of the continuation of the Orders will
be the date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year review
of the Orders not later than 30 days prior to the fifth anniversary of
the effective date of continuation.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which
may be subject to sanctions.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and (d)(2) of the Act and published in accordance
with section 777(i) of the Act, and 19 CFR 351.218(f)(4). Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\6\
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\6\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
Dated: August 13, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-18287 Filed 8-19-20; 8:45 am]
BILLING CODE 3510-DS-P