[Federal Register Volume 80, Number 6 (Friday, January 9, 2015)]
[Notices]
[Pages 1393-1394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00183]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-919, A-602-806]
Electrolytic Manganese Dioxide From the People's Republic of
China and Australia: Continuation of the Antidumping Duty Order on the
People's Republic of China, Revocation of the Antidumping Duty Order on
Australia
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (the ``Department'') and the International Trade Commission
(the ``ITC'') in their five year (sunset) reviews that revocation of
the antidumping duty (``AD'') order on electrolytic manganese dioxide
(``EMD'') from the People's Republic of China (``PRC'') would likely
lead to a continuation or recurrence of dumping and material injury to
an industry in the United States, the Department is publishing a notice
of continuation of the AD order on EMD from the PRC. In addition, as a
result of the ITC's determination that revocation of the AD order on
EMD from Australia is not likely to lead to continuation or recurrence
of dumping and material injury to an industry in the United States
within a reasonably foreseeable time, the Department is revoking the AD
order on EMD from Australia.
DATES: Effective Date: January 9, 2015.
FOR FURTHER INFORMATION CONTACT: 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: 202-482-5193.
SUPPLEMENTARY INFORMATION
Background
On October 7, 2008, the Department published the AD orders on EMD
from the PRC and Australia.\1\ On September 3, 2013, the Department
published the notice of initiation of the first sunset review of the AD
orders on EMD from the PRC and Australia, pursuant to section 751(c) of
the Tariff Act of 1930,
[[Page 1394]]
as amended (the ``Act'').\2\ As a result of its reviews, the Department
determined that revocation of the AD orders on EMD from the PRC and
Australia would likely lead to continuation or recurrence of dumping
and notified the ITC of the magnitude of the dumping margins likely to
prevail should the order be revoked.\3\ On December 24, 2014, the ITC
published its determination, pursuant to section 751(c) of the Act,
that revocation of the AD order on EMD from the PRC would be likely to
lead to continuation or recurrence of material injury to an industry in
the United States within a reasonably foreseeable time, but that
revocation of the AD order on EMD from Australia would not be likely to
do so.\4\
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\1\ See Antidumping Duty Order: Electrolytic Manganese Dioxide
from Australia, 73 FR 58538 (October 7, 2008) (``Australia Order'');
see also Antidumping Duty Order: Electrolytic Manganese Dioxide from
the People's Republic of China, 73 FR 58537 (October 7, 2008).
\2\ See Initiation of Five-Year (``Sunset'') Review, 78 FR 54237
(September 3, 2013).
\3\ See 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, 79 FR 6162, 6163
(February 3, 2014).
\4\ See Electrolytic Manganese Dioxide From Australia and China,
79 FR 77525 (December 24, 2014).
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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.
Continuation of the Order on EMD From the PRC
As a result of the determinations by the Department and the ITC
that revocation of the AD order on EMD from the PRC would likely lead
to a continuation or recurrence of dumping and material injury to an
industry in the United States, pursuant to section 751(d)(2) of the
Act, the Department hereby orders the continuation of the AD order on
EMD from the PRC. U.S. Customs and Border Protection (``CBP'') will
continue to collect AD cash deposits at the rates in effect at the time
of entry for all imports of subject merchandise.
The effective date of the continuation of the order will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act, the Department
intends to initiate the next five-year review of the order not later
than 30 days prior to the fifth anniversary of the effective date of
continuation.
Revocation of the Order on EMD From Australia
As a result of the determination by the ITC that revocation of the
AD order on EMD from Australia would not be likely to lead to
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time, pursuant to section
751(d)(2) of the Act, the Department is revoking the AD order on EMD
from Australia. Pursuant to section 751(d)(2) of the Act and 19 CFR
351.222(i)(2)(i), the effective date of revocation is October 7, 2013
(i.e., the fifth anniversary of the date of publication of the order in
the Federal Register).\5\
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\5\ See Australia Order, 73 FR at 58538; see also 19 CFR
351.222(i)(2)(i).
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Cash Deposit and Assessment of Duties for EMD From Australia
The Department will notify CBP 15 days after publication of this
notice, to terminate the suspension of liquidation and to discontinue
the collection of cash deposits on entries of EMD from Australia,
entered or withdrawn from warehouse, on or after October 7, 2013. The
Department will further instruct CBP to refund with interest all cash
deposits on entries made on or after October 7, 2013. Entries of EMD
from Australia prior to the effective date of revocation will continue
to be subject to suspension of liquidation and AD deposit requirements
and assessments. The Department will complete any pending or requested
administrative reviews of the order on EMD from Australia covering
entries prior to October 7, 2013.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which
may be subject to sanctions.
These five-year (sunset) reviews and notice are published in
accordance with sections 751(c) and (d)(2), and 777(i) of the Act, and
19 CFR 351.218(f)(4).
Dated: December 31, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-00183 Filed 1-8-15; 8:45 am]
BILLING CODE 3510-DS-P