South Korea Ferrovanadium: New AD Duty Investigation Deadlines & Scope
The Commerce Department issued a Federal Register notice on its recently initiated antidumping duty investigation on ferrovanadium from South Korea (A-580-886) (here). The agency will determine whether imports of merchandise subject to this investigation are being sold in the U.S. at less than fair value. The period of investigation is Jan. 1, 2015, through Dec. 31, 2015.
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The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped ferrovanadium are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due May 12, the investigation will immediately end. If Commerce finds dumping in the preliminary determination of this investigation, currently due in September, it will set AD duty cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD duty order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD duties on importers and potentially change AD duty cash deposit rates.
Respondent Selection
Commerce said it plans to select respondents based on CBP import data. It plans to make the data available within five days after this notice's publication (i.e., by April 30), and will accept comments on respondent selection for one week after the data is available. Commerce intends to complete the respondent selection process by around May 15.
Scope of the AD/CVD Investigations
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.
Comments on Scope Due by May 9
Comments on the scope of the investigation are due by May 9.
Investigations Timetable
| Event | AD Duty |
|---|---|
| Petitions filed | 03/28/16 |
| DOC initiation date | 04/18/16 |
| ITC prelim determinations* | 05/12/16 |
| DOC prelim determinations† | 09/06/16 |
| DOC final determinations† | 11/21/16 |
| ITC final determinations‡ | 01/03/16 |
| Issuance of orders+ | 01/10/16 |
*If the ITC makes a negative determination of injury, the investigations are terminated.
†These deadlines may be extended under the governing statute.
‡This will take place only in the event of Commerce Department final affirmative determinations.
+This will take place only in the event of Commerce and ITC final affirmative determinations.
(See 1603290067 for summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.)
The Commerce Department fact sheet on the initiation of these investigations is (here).