[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Notices]
[Page 16057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05928]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-919]
Electrolytic Manganese Dioxide From the People's Republic of
China: Final Results of the Expedited Second Sunset Review of the
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that revocation of
the antidumping duty (AD) order on electrolytic manganese dioxide (EMD)
from the People's Republic of China (China) would be likely to lead to
continuation or recurrence of dumping, at the level indicated in the
``Final Results of Sunset Review'' section of this notice.
DATES: Applicable March 20, 2020.
FOR FURTHER INFORMATION CONTACT: Thomas Hanna, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0835.
SUPPLEMENTARY INFORMATION:
Background
After publication of the notice of initiation of this sunset review
of the AD order on EMD from China,\1\ pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the Act) Borman Specialty Materials
(Borman) and Prince Specialty Products LLC (Prince) (collectively,
domestic interested parties) filed with Commerce a timely and complete
notice of intent to participate in the sunset review,\2\ and a timely
and adequate substantive response.\3\ Commerce did not receive a
substantive response 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), Commerce conducted an expedited (120-day)
sunset review of the Order.\4\
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\1\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 65968
(December 2, 2019); see also Antidumping Duty Order: Electrolytic
Manganese Dioxide from the People's Republic of China, 73 FR 58537
(October 7, 2008) (Order).
\2\ See Domestic Interested Parties' Letter, ``Electrolytic
Manganese Dioxide from the People's Republic of China: Notice of
Intent to Participate,'' dated December 17, 2019.
\3\ See Domestic Interested Parties' Letter, ``Electrolytic
Manganese Dioxide from the People's Republic of China: Substantive
Response to Notice of Initiation of Five-Year (Sunset) Review of the
Antidumping Duty Order,'' dated January 2, 2020 (Substantive
Response).
\4\ For a complete description of the background of this sunset
review of the Order, see Memorandum, ``Issues and Decision
Memorandum for the Expedited Second Sunset Review of the Antidumping
Duty Order on Electrolytic Manganese Dioxide from the People's
Republic of China,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order includes all manganese dioxide
(MnO2) 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 the Order 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 the Order is
dispositive.\5\
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\5\ For a complete description of the scope of the Order, see
the Issues and Decision Memorandum.
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Analysis of Comments Received
A complete discussion of all issues raised in this sunset review,
including the likelihood of continuation or recurrence of dumping in
the event of revocation of the Order and the magnitude of the dumping
margins likely to prevail if the Order were to be revoked, is provided
in the accompanying Issues and Decision Memorandum, which is hereby
adopted by this notice.\6\ A list of the topics discussed in the Issues
and Decision Memorandum is attached as an Appendix to this notice. The
Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at http://access.trade.gov and
to all parties in the Central Records Unit, Room B8024 of the main
Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed on the internet at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum
and the electronic version of the Issues and Decision Memorandum are
identical in content.
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\6\ Id.
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Final Results of Sunset Review
Pursuant to sections 751(c)(1), 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Order would be likely to
lead to continuation or recurrence of dumping, and that the magnitude
of the dumping margins likely to prevail would be weighted-average
dumping margins up to 149.92 percent.
Administrative Protective Orders
This notice also serves as the only reminder to parties subject to
administrative protective order (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.
Notification to Interested Parties
We are issuing and publishing these results and notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and
19 CFR 351.218 and 19 CFR 351.221(c)(5)(ii).
Dated: March 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Margin of Dumping Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2020-05928 Filed 3-19-20; 8:45 am]
BILLING CODE 3510-DS-P