[Federal Register: November 29, 2002 (Volume 67, Number 230)]
[Notices]
[Page 71136-71137]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29no02-40]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-791-815]
Notice of Final Determination of Sales at Less Than Fair Value:
Ferrovanadium from the Republic of South Africa
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Final Determination of Sales at Less Than Fair Value.
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EFFECTIVE DATE: November 29, 2002.
FOR FURTHER INFORMATION CONTACT: Crystal Crittenden or Mark Manning at
(202) 482-0989 or (202) 482-5253, respectively; AD/CVD Enforcement,
Office IV, Group II, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930, as amended (the
Act), by the Uruguay Round Agreements Act (URAA). In addition, unless
otherwise indicated, all citations to the Department of Commerce's (the
Department's) regulations refer to the regulations codified at 19 CFR
part 351 (April 2002).
Final Determination
We determine that ferrovanadium from the Republic of South Africa
(South Africa) is being sold, or is likely to be sold, in the United
States at less than fair value (LTFV), as provided in section 735 of
the Act. The estimated margins of sales at LTFV are shown in the Final
Determination of Investigation section of this notice.
Background
On June 25, 2002, the Department preliminarily determined that
imports of ferrovanadium from South Africa are being, or are likely to
be, sold in the United States at LTFV, as provided in section 733 of
the Act. See Notice of Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final Determination: Ferrovanadium from
the Republic of South Africa, 67 FR 45083 (July 8, 2002) (Preliminary
Determination). Since the preliminary determination, the following
events have occurred.
On July 9, 2002, one of the respondents, Xstrata South Africa
(Proprietary) Limited (Xstrata), timely filed an allegation that the
Department made several ministerial errors in its preliminary
determination. In addition, during July 2002, Xstrata and Highveld
Steel and Vanadium Corporation, Ltd. (Highveld), the other respondent
in this investigation, separately submitted letters refusing to allow
the Department to verify their responses. On September 12, 2002, the
Department found that the preliminary determination contained certain
ministerial errors. See Notice of Amended Preliminary Determination of
Sales at Less Than Fair Value; Ferrovanadium from the Republic of South
Africa, 67 FR 59050 (September 19, 2002). The petitioners\1\ filed
their case brief on September 26, 2002. The respondents did not file
case or rebuttal briefs.
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\1\ The petitioners in this case are The Ferroalloys Association
Vanadium Committee (TFA Vanadium Committee) and its members: Bear
Metallurgical Company, Shieldalloy Metallurgical Corporation, Gulf
Chemical & Metallurgical Corporation, U.S. Vanadium Corporation, and
CS Metals of Louisiana LLC.
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Scope of The Investigation
The scope of this investigation 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, the Department's written description of the scope of this
proceeding remains dispositive.
Period of Investigation (POI)
The POI is October 1, 2000, through September 30, 2001.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this proceeding and to which we have responded are listed in the
Appendix to this notice and addressed in the Memorandum from Bernard T.
Carreau to Faryar Shirzad, Issues and Decision Memorandum for the
Antidumping Duty Investigation of Ferrovanadium from the Republic of
South Africa, (Decision Memorandum), dated concurrently with this
notice, which is hereby adopted by this notice. Parties can find a
complete discussion of the issues raised in this proceeding and the
corresponding recommendations in this public memorandum which is on
file in the Central Records Unit (CRU), room B-099, of the main
Department building. In addition, a complete version of the Decision
Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov.
The paper copy and electronic version of the Decision
Memorandum are identical in content.
Use of Total Adverse Facts Available
We have assigned Highveld and Xstrata a margin based upon total
adverse facts available because they refused to allow the Department to
verify their responses. We are using as total adverse facts available
the initiation rate of 116.00 percent, which is based on information
contained in the petition. For a discussion of our application of total
adverse facts available, see the Decision Memorandum which is on file
in the CRU. In addition, see the Memorandum from Mark Manning to Holly
A. Kuga regarding corroboration of secondary information used as total
adverse facts available, dated concurrently with this notice.
[[Page 71137]]
Changes Since the Preliminary Determination
The Department was unable to verify the information placed on the
record of this investigation by the respondents because they did not
allow the Department to conduct sales and cost verifications.
Therefore, rather than using the reported information which we could
not verify to calculate margins for the respondents, as was done in the
preliminary determination, we are basing the dumping margin for
Highveld and Xstrata upon total adverse facts available.
All Others Rate
Section 735(c)(5)(B) of the Act provides that, where the estimated
weighted-average dumping margins established for all exporters and
producers individually investigated are zero or de minimis margins, or
are determined entirely under section 776 of the Act, the Department
may use any reasonable method to establish the estimated ``all others''
rate for exporters and producers not individually investigated. This
provision contemplates that the Department may weight-average margins
other than the zero, de minimis, or facts available margins to
establish the ``all others'' rate. When the data do not permit weight-
averaging such other margins, the Statement of Administrative Action
(SAA) provides that the Department may use any other reasonable
methods. See the SAA accompanying the URAA, H.R. Rep. No. 103-316 at
873 (1994). Because the petition contained only one estimated dumping
margin, there are no additional estimated margins available with which
to create the ``all others'' rate. Therefore, we are using the
initiation margin of 116 percent as the ``all others'' rate.
Continuation of Suspension of Liquidation
Pursuant to section 735(c)(1)(B) of the Act, we are instructing the
U.S. Customs Service (Customs) to continue to suspend liquidation of
all entries of ferrovanadium from South Africa that are entered, or
withdrawn from warehouse, for consumption on or after July 8, 2002 (the
date of publication of the Preliminary Determination in the Federal
Register). Customs shall continue to require a cash deposit or the
posting of a bond equal to the estimated amount by which the normal
value exceeds the U.S. price as shown below. The suspension of
liquidation instructions will remain in effect until further notice.
Final Determination of Investigation
We determine that the following weighted-average percentage margins
exist for the period October 1, 2000, through September 30, 2001:
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Manufacturer/exporter Margin (percent)
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Highveld Steel and................................... 116.00
Vanadium Corporation, Ltd............................
Xstrata South Africa (Proprietary) Limited........... 116.00
All Others........................................... 116.00
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International Trade Commission Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (ITC) of our determination. As our final
determination is affirmative, the ITC will determine, within 45 days,
whether these imports are causing material injury, or threat of
material injury, to an industry in the United States. If the ITC
determines that material injury, or threat of injury, does not exist,
the proceeding will be terminated and all securities posted will be
refunded or canceled. If the ITC determines that such injury does
exist, the Department will issue an antidumping order directing Customs
officials to assess 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 Order (APO)
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR 351.305.
Timely notification of return/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 is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act.
Dated: November 20, 2002.
Bernard Carreau,
Acting Assistant Secretary for Import Administration.
Appendix Issues in Decision Memorandum
1. Application of Total Adverse Facts Available new file.
[FR Doc. 02-30305 Filed 11-27-02; 8:45 am]