On March 28, 2016, an antidumping (AD) petition was filed with the U.S. Department of Commerce (DOC) and U.S. International Trade Commission (ITC), regarding Ferrovanadium from Korea.

On March 28, 2016, an antidumping (AD) petition was filed with the U.S. Department of Commerce (DOC) and U.S. International Trade Commission (ITC), regarding Ferrovanadium from Korea. The petition was filed by the Vanadium Producers and Reclaimers Association, and its members AMG Vanadium LLC, Bear Metallurgical Co., Gulf Chemical & Metallurgical Corp., and Evraz Stratcor, Inc.

The U.S. AD law imposes special tariffs to counteract imports that are sold in the United States at less than “normal value.” For AD duties to be imposed, the U.S. government must determine not only that dumping is occurring, but also that there is “material injury” (or threat thereof) by reason of the dumped imports. Importers are liable for any potential AD duties imposed. In addition, these investigations could impact purchasers, by either increasing prices, and/or decreasing supply, of ferrovanadium.

Scope:

The petitioners propose the following scope of investigation:

All ferrovanadium regardless of grade (i.e., percentage of contained vanadium), 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 ferrovanadium. The requested scope 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 spent hydrotreating and hydrorefining catalyst, slag, boiler residues and fly ash. Merchandise properly classified under Harmonized Tariff Schedule of the United States (HTSUS) item numbers 2850.00.2000, 8112.92.7000, and 8112.99.2000 is specifically excluded. Ferrovanadium is classified under HTSUS item number 7202.92.0000. Although these HTSUS item numbers are provided for convenience and Customs purposes, the written description of the requested scope of this investigation is dispositive.

Alleged Dumping Margins:

Petitioner alleges dumping margins ranging from 49.68 percent to 92.87 percent, with an average dumping margin of 73.44 percent.

Estimated Schedule of Investigations:

March 28, 2016 – Petition is filed
April 18, 2016 – DOC initiates investigation
April 19, 2016 – ITC staff conference (estimated)
May 12, 2016 – Deadline for ITC preliminary injury determination
September 6, 2016 – Deadline for DOC preliminary AD determination, if deadline is NOT postponed
October 25, 2016 – Deadline for DOC preliminary AD determination, if deadline is fully postponed
March 9, 2017 – Deadline for DOC final AD determination, if both preliminary and final determinations are fully postponed
April 24, 2017 – Deadline for ITC final injury determination, assuming fully postponed DOC deadlines

Source: Client Alert