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Russia Ferrovanadium: Prelim Negative Determination of Circumvention

The International Trade Administration has issued a preliminary negative determination that imports of vanadium pentoxide from the Russian Federation (Russia), that are converted into ferrovanadium in the United States, are circumventing the antidumping duty order on ferrovanadium and nitrided vanadium (ferrovanadium) from Russia (A-821-807).

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Specifically, ITA preliminarily determines that the importation of vanadium pentoxide by Evraz Group member OAO Vanady-Tula, which is toll-converted into ferrovanadium in the U.S. by an unaffiliated processor, Bear Metallurgical Corporation (BMC), prior to sale by Evraz Group member EMNA to unaffiliated customers in the U.S., does not constitute circumvention of the aforementioned order, within the meaning of section 781(a) of the Tariff Act of 1930, as amended (Act).

Among other reasons, the ITA preliminarily finds that circumvention of the order did not occur because the processing of the vanadium pentoxide in the U.S. was more than minor or insignificant. As a result, it preliminarily determines not to include vanadium pentoxide in the scope of the AD order.

(The product subject to this anticircumvention inquiry is vanadium pentoxide (V2O5) from Russia, which is usually in a granular form and may contain other substances, including silica (SiO2), manganese, and sulfur, and which is converted into ferrovanadium in the United States. Such merchandise is classifiable under HTS subheading 2825.30.0010.)

(See ITA's notice for scope of the order, information on the four requirements that must be met to determine that circumvention is occurring, the other criteria that ITA may take into account, certain deadlines and due dates, including the extended deadline for the final determination, etc.

See ITT's Online Archives 11050621 for summary of the ITA's initiation of this anticircumvention inquiry.)

ITA contact: David Goldberger (202) 482-4136

(FR Pub 02/08/12, A-821-807)