MESSAGE NO: 2191203 DATE: 07 10 2002
CATEGORY: ADA TYPE: PRE
REFERENCE: REFERENCE DATE:
CASES: A - 791 - 815 - -
- - - -
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PERIOD COVERED: 07 08 2002 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: PRELIMINARY DETERMINATION IN THE DUMPING INVESTIGATION OF
FERROVANADIUM FROM SOUTH AFRICA (A-791-815)


1. ON 07/08/2002, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE
FEDERAL REGISTER ITS PRELIMINARY DETERMINATION OF SALES AT LESS
THAN FAIR VALUE AND THE POSTPONEMENT OF THE FINAL DETERMINATION
IN THE ANTIDUMPING DUTY INVESTIGATION OF FERROVANADIUM FROM SOUTH
AFRICA (67 FR 45083).

2. 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 INVESTIGATION REMAINS
DISPOSITIVE.

3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER: A-791-815

4. FOR IMPORTS OF FERROVANADIUM FROM SOUTH AFRICA, THE CUSTOMS
SERVICE SHALL SUSPEND LIQUIDATIONS OF SUCH SHIPMENTS ENTERED OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER JULY 8,
2002, THE DATE OF PUBLICATION OF THIS PRELIMINARY DETERMINATION.
EFFECTIVE 07/08/2002, CUSTOMS SHALL REQUIRE, FOR SUCH ENTRIES,
A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE MARGINS
SHOWN BELOW:

MFR/PRODUCER CUSTOMS ID MARGIN
EXPORTER NUMBER PERCENTAGE RATE

HIGHVELD STEEL AND VANADIUM
CORPORATION LTD A-791-815-001 45.58
XSTRATA SOUTH AFRICA
(PROPRIETARY) LIMITED A-791-815-002 37.29
ALL OTHERS A-791-815-000 41.72

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT, VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE
ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED
PARTIES SHOULD CONTACT MARK MANNING, JOHN CONNIFF, OR CRYSTAL
CRITTENDEN, OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE,
AT (202) 482-5253, (202) 482-1009, OR (202) 482-0989,
RESPECTIVELY.

7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.


CATHY SAUCEDA