[Federal Register Volume 79, Number 22 (Monday, February 3, 2014)]
[Notices]
[Pages 6162-6163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02240]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-919; A-602-806]
Electrolytic Manganese Dioxide From Australia and the People's
Republic of China: Final Results of the Expedited First Sunset Reviews
of the Antidumping Duty Orders
AGENCY: Enforcement and Compliance, Formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On September 3, 2013, the Department of Commerce (``the
Department'') initiated the first sunset reviews of the antidumping
duty (``AD'') orders on electrolytic manganese dioxide (``EMD'') from
Australia and the People's Republic of China (``PRC'') pursuant to
section 751(c) of the Tariff Act of 1930, as amended (``the Act'').
Based on the notice of intent to participate and adequate substantive
response filed by the domestic interested party, and the lack of
response from any respondent interested party, the Department conducted
expedited (120-day) sunset reviews of these AD orders, pursuant to
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As
a result of these sunset reviews, the Department finds that revocation
of the AD orders would likely lead to continuation or recurrence of
dumping at the levels indicated in the ``Final Results of Sunset
Reviews'' section of this notice.
DATES: Effective Date: February 3, 2014.
FOR FURTHER INFORMATION CONTACT: Lori Apodaca or Howard Smith, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4551 or (202) 482-5193, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 14 and 18, 2008, the Department published the AD orders
on EMD from Australia and the PRC,
[[Page 6163]]
respectively.\1\ On September 3, 2013, the Department published the
notice of initiation of the first sunset reviews of the AD orders on
EMD from Australia and the PRC, pursuant to section 751(c) of the
Act.\2\ On September 12, 2013, pursuant to 19 CFR 351.218(d)(1), the
Department received timely and complete notices of intent to
participate in the sunset reviews for both orders from Erachem Comilog,
Inc. and Tronox LLC (collectively ``Domestic Producers''). On October
2, 2013, pursuant to 19 CFR 351.218(d)(3), Domestic Producers filed a
timely and adequate substantive response for both orders. The
Department did not receive substantive responses from any respondent
interested party. As a result, pursuant to section 751(c)(3)(B) of the
Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted
expedited (120-day) sunset reviews of the AD orders on EMD from
Australia and the PRC.
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\1\ See Electrolytic Manganese Dioxide From the People's
Republic of China: Final Determination of Sales at Less Than Fair
Value, 73 FR 48195 (August 18, 2008) (``PRC Final Determination'');
see also Notice of Final Determination of Sales at Less Than Fair
Value and Termination of Critical-Circumstances Investigation:
Electrolytic Manganese Dioxide from Australia, 73 FR 47586 (August
14, 2008) (``Australia Final Determination'').
\2\ See Initiation of Five-Year (``Sunset'') Review, 78 FR 54237
(September 3, 2013).
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As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\3\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. The revised deadline for the final results of this sunset review
is now January 21, 2014.
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\3\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013).
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Scope of the Orders
The merchandise covered by these orders includes all manganese
dioxide (MnO[2]) that has been manufactured in an
electrolysis process, whether in powder, chip, or plate form. Excluded
from the scope are natural manganese dioxide (NMD) and chemical
manganese dioxide (CMD). The merchandise subject to these orders is
classified in the Harmonized Tariff Schedule of the United States
(``HTSUS'') at subheading 2820.10.00.00. While the HTSUS subheading is
provided for convenience and customs purposes, the written description
of the scope of these orders is dispositive.
Analysis of Comments Received
A complete discussion of all issues raised in these sunset reviews
is provided in the accompanying Issues and Decision Memorandum, which
is hereby adopted by this notice.\4\ The issues discussed in the I&D
Memorandum include the likelihood of continuation or recurrence of
dumping and the magnitude of the dumping margins likely to prevail if
the orders are revoked. The I&D Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). Access to IA ACCESS is available in the Central Records
Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the I&D Memorandum can be accessed at
http://enforcement.trade.gov/frn/. The signed I&D Memorandum and the
electronic versions of the I&D Memorandum are identical in content.
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\4\ See ``Issues and Decision Memorandum for the Expedited First
Sunset Reviews of the Antidumping Duty Orders on Electrolytic
Manganese Dioxide from Australia and the People's Republic of
China,'' from Abdelali Elouaradia, Director, Office IV, Antidumping
and Countervailing Duty Operations, to Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, dated concurrently with this notice (``I&D
Memorandum'').
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Final Results of Sunset Reviews
The Department determines that revocation of the AD orders on EMD
from Australia and the PRC would be likely to lead to continuation or
recurrence of dumping, with the following dumping margins likely to
prevail:
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Weighted-
average
Exporter/producer percentage
margin
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PRC
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Guizhou Redstar Developing Import & Export Company, Ltd./ 149.92
Guizhou Redstar Developing Dalong Manganese lndustrial Co.,
Ltd........................................................
PRC-Wide Entity (including Xiangtan Electrochemical 149.92
Scientific Ltd.)...........................................
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Australia
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Delta Australia Pty Ltd..................................... 83.66
All Others.................................................. 83.66
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Notification Regarding Administrative Protective Orders
This notice also serves as the only reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective orders is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR
351.218.
Dated: January 16, 2014.
Christian Marsh,
Deputy Assistant Secretary, for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2014-02240 Filed 1-31-14; 8:45 am]
BILLING CODE 3510-DS-P