[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Notices]
[Pages 41555-41556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14917]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-886]
Ferrovanadium From the Republic of Korea: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments in Part; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) continues to find that
two of the three companies under review had no shipments of subject
merchandise during the period of review (POR), May 1, 2018 through
April 30, 2019, and continues to base the dumping margin for the third
company on total adverse facts available (AFA).
DATES: Applicable July 10, 2020.
FOR FURTHER INFORMATION CONTACT: Howard Smith, 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) 482-5193.
SUPPLEMENTARY INFORMATION:
Background
Commerce published its Preliminary Results of this review on March
23, 2020.\1\ No parties commented on the Preliminary Results.
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\1\ See Ferrovanadium From the Republic of Korea: Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments in Part; 2018-2019, 85 FR 16326 (March
23, 2020) (``Preliminary Results''), and accompanying Preliminary
Decision Memorandum.
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Scope of the Order
The product covered by the 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.
Final Results of Review
In the Preliminary Results, Commerce determined that Korvan Ind,
Co., Ltd. (Korvan) and Woojin Ind. Co., Ltd. (Woojin), had no shipments
of subject merchandise to the United States during the POR and based
the dumping margin
[[Page 41556]]
for Fortune Metallurgical Group Co., Ltd. (Fortune) on total AFA in
accordance with section 776(a)-(b) of the Act because Fortune did not
respond to Commerce's questionnaire.\2\ No parties commented on the
Preliminary Results.
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\2\ Id.
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In these final results of review, Commerce is adopting the
decisions taken in the Preliminary Results, as explained in the
Preliminary Decision Memorandum. Specifically, Commerce continues to
find that Korvan and Woojin had no shipments of subject merchandise to
the United States during the POR and continues to assign Fortune a
dumping margin of 54.69 percent based on total AFA.
Final Results of Administrative Review
Commerce has determined that the following weighted-average dumping
margin exists for the firm listed below for the period May 1, 2018
through April 30, 2019:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Fortune Metallurgical Group Co., Ltd........................ 54.69
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Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise covered by this review in accordance with these
final results of review.\3\ Commerce intends to issue assessment
instructions to CBP 15 days after publication of this notice of final
results in the Federal Register. Commerce intends to instruct CBP to
liquidate POR entries of subject merchandise from Fortune Metallurgical
Group Co., Ltd. at the rate listed in the table above.
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\3\ See section 751(a)(2)(A) of the Act; 19 CFR 351.212(b).
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Additionally, because Commerce determines that Korvan and Woojin
did not make any sales or shipments of subject merchandise to the
United States during the POR, any suspended entries of subject
merchandise during the POR under their case numbers will be liquidated
at the all-others rate.\4\
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\4\ See, e.g., Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for
shipments of ferrovanadium from the Republic of Korea entered, or
withdrawn from warehouse, for consumption on or after the publication
date of these final results of review, as provided for by section
751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act): (1) The
cash deposit rate for Fortune will be equal to the weighted-average
dumping margin listed for Fortune in the table above; (2) for companies
not covered by this review, but covered in a prior segment of this
proceeding, the cash deposit rate will continue to be the company-
specific rate established for the company in the most recently
completed segment of the proceeding; (3) if the exporter is not a firm
covered in this review, in a prior review, or in the investigation in
this proceeding but the producer is, then the cash deposit rate will be
the rate established for the producer of the merchandise in the most
recently completed segment of the proceeding; and (4) the cash deposit
rate for all other producers or exporters will continue to be 3.22
percent, the all-others rate established in the less-than-fair-value
investigation.\5\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\5\ See Ferrovanadium From the Republic of Korea: Final
Determination of Sales at Less Than Fair Value, 82 FR 14874 (March
23, 2017).
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Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305, which continues to govern business proprietary information in
this segment of the proceeding. Timely written notification of the
return or destruction of APO materials, or conversion to judicial
protective order, is hereby requested. Failure to comply with the
regulations and terms of an APO is a violation which is subject to
sanction.
Notification to Interested Parties
We are issuing these final results of administrative review and
publishing this notice in accordance with sections 751(a)(1) and 777(i)
of the Act and 19 CFR 351.213 and 19 CFR 351.221(b)(5).
Dated: July 2, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-14917 Filed 7-9-20; 8:45 am]
BILLING CODE 3510-DS-P