Ferrovanadium and Nitrided Vanadium From the Russian Federation: Termination of Antidumping Duty Administrative Review

Federal RegisterMar 17, 1998

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-807]

Ferrovanadium and Nitrided Vanadium From the Russian Federation:

Termination of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of rescission of antidumping duty administrative review.

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SUMMARY: On August 28, 1997, the Department of Commerce initiated an

administrative review of the antidumping duty order on Ferrovanadium

and Nitrided Vanadium from the Russian Federation for one manufacturer

or producer of ferrovanadium and nitrided vanadium from the Russian

Federation, Galt Alloys, Inc., covering the period July 1, 1996,

through June 30, 1997. The Department of Commerce is terminating the

review after confirming that Galt Alloys, Inc. made no sales of the

subject merchandise during the period of review.

EFFECTIVE DATE: March 17, 1998.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Mary Jenkins,

Office 5, AD/CVD Enforcement Group II, Import Administration,

International Trade Administration, U.S. Department of Commerce, 14th

and Constitution Avenue, N.W., Washington, D.C. 20230; telephone (202)

482-4136 or (202) 482-1756, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

Unless otherwise indicated, all citations to the Tariff Act of

1930, as amended (the Tariff Act), are to the provisions effective

January 1, 1995, the effective date of the amendments made to the

Tariff 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 are to the regulations as

published in the Federal Register on May 19, 1997. See Antidumping

Duties: Countervailing Duties; Final Rule, 62 FR 27296 (May 19, 1997).

Background

On July 31, 1997, Shieldalloy Metallurgical Corporation (the

petitioner) requested that the Department conduct an administrative

review of the antidumping duty order on ferrovanadium and nitrided

vanadium from the Russian Federation for the period July 1, 1996,

through June 30, 1997.

On August 15, 1997, Galt reported that it made no sales of the

subject merchandise during the period of review (POR). Subsequently,

the petitioner challenged Galt's assertion that no sales were made

during the POR, arguing the U.S. import statistics showed subject

merchandise imports from the Russian Federation prior to and during the

POR.

On October 2 and 21, 1997, Galt provided submissions claiming that

entries of the subject merchandise originally declared to U.S. Customs

as being of Russian origin were in error and were actually from

Tajikistan. On January 13, 1998, the Department conducted a

verification of Galt's claim and confirmed that the entries of

ferrovanadium were actually from Tajikistan, as claimed by Galt (see

January 29, 1998, memorandum reporting on verification of Galt's

submitted data.)

Pursuant to 19 CFR 351.213(d)(3), the Department may rescind an

administrative review, in whole or only with respect to a particular

exporter or producer, if the Secretary concludes that, during the

period covered by the review, there were no entries, exports, or sales

of this subject merchandise. In light of the fact that we determined

that Galt did not make sales of the subject merchandise during the POR

in question, we are terminating this review for Galt. We will issue

appraisement instructions directly to the U.S. Customs Service.

In addition, petitioner requested on September 29, 1997, that the

Department determine whether antidumping duties have been absorbed by

Galt or its affiliates, in accordance with 19 CFR 351.231(j). However,

as Galt made no sales of the subject merchandise during the POR, there

is no basis to conduct this inquiry.

This notice is published in accordance with Sec. 353.213(d)(4).

Dated: March 6, 1998.

Richard W. Moreland,

Acting Assistant Secretary for Import Administration.

[FR Doc. 98-6897 Filed 3-16-98; 8:45 am]

BILLING CODE 3510-DS-M

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