[Federal Register Volume 65, Number 221 (Wednesday, November 15, 2000)]
[Notices]
[Pages 68978-68979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29258]


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DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

(A-484-801)


Electrolytic Manganese Dioxide From Greece: Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce

ACTION: Notice of final results of antidumping duty administrative 
review.

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SUMMARY: On May 15, 2000, the Department of Commerce published the 
preliminary results of administrative review of the antidumping duty 
order on electrolytic manganese dioxide from Greece. The review covers 
one producer/exporter, Tosoh Hellas, during the period of review April 
1, 1998, through March 31, 1999.
    We gave interested parties an opportunity to comment on the 
preliminary results. We have made one change in our calculations. The 
review indicates the existence of no dumping margins for Tosoh Hellas 
during this period.

EFFECTIVE DATE: November 15, 2000.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Richard Rimlinger, 
Office of AD/CVD Enforcement 3, Import Administration, International 
Trade Administration, U.S. Department of Commerce, Washington, D.C. 
20230;

[[Page 68979]]

telephone: (202) 482-3477 or (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act) are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act, 
by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department of Commerce's (the 
Department's) regulations are to 19 CFR Part 351 (1999).

Background

    On May 8, 2000, the Department published in the Federal Register 
the preliminary results of the administrative review of the antidumping 
duty order on electrolytic manganese dioxide (EMD) from Greece. See 
Preliminary Results of Antidumping Duty Administrative Review: 
Electrolytic Manganese Dioxide from Greece, 65 FR 26570 (May 8, 2000) 
(Preliminary Results). Kerr-McGee Chemical LLC and Chemetals, Inc. 
(collectively ``the petitioners''), submitted their case briefs on June 
7, 2000. Tosoh Hellas (Tosoh), the sole respondent in this review, 
submitted its case brief on June 7, 2000. Tosoh submitted its rebuttal 
brief on June 12, 2000. The petitioners did not submit a rebuttal 
brief. We held a hearing on June 29, 2000. The Department has conducted 
this administrative review in accordance with section 751 of the Act.

Scope of Review

    Imports covered by this review are shipments of EMD from Greece. 
EMD is manganese dioxide (MnO2) that has been refined in an 
electrolysis process. The subject merchandise is an intermediate 
product used in the production of dry-cell batteries. EMD is sold in 
three physical forms (powder, chip, or plate) and two grades (alkaline 
and zinc chloride). EMD in all three forms and both grades is included 
in the scope of the order. This merchandise is currently classifiable 
under item number 2820.10.0000 of the Harmonized Tariff Schedule of the 
United States (HTSUS). The HTSUS number is provided for convenience and 
customs purposes. It is not determinative of the products subject to 
the order. The written product description remains dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by the 
petitioners and Tosoh are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memo) from Richard W. Moreland, Deputy Assistant 
Secretary, to Troy H. Cribb, Acting Assistant Secretary, dated November 
6, 2000, which is hereby adopted by this notice. A list of the issues 
which parties have raised and to which we have responded, all of which 
are in the Decision Memo, is attached to this notice as an appendix. 
This Decision Memo, which is a public document, is on file in the 
Central Records Unit, Main Commerce Building, Room B-099, and is 
accessible on the Web at http://ia.ita.doc.gov. The paper copy and 
electronic version of the Decision Memo are identical in content.

Sunset Revocation

    On April 20, 2000, the International Trade Commission (ITC), 
pursuant to section 751(c) of the Act, determined that revocation of 
the antidumping duty order on EMD from Greece would not be likely to 
lead to continuation or recurrence of material injury within a 
reasonably foreseeable time. Therefore, because the order was revoked 
on May 31, 2000, as a result of the ITC's determination with an 
effective date of January 1, 2000, no deposit requirements will be 
effective for shipments entered, or withdrawn from warehouse, for 
consumption on or after the publication date of the final results of 
this administrative review.

Changes From the Preliminary Results

    We made one change in our calculations for these final results. We 
used Tosoh's revised U.S. variable cost-of-manufacturing figure in our 
margin calculation (see Decision Memorandum, Comment 2).

Final Results of Review

    We have determined that a weighted-average margin of zero percent 
exists for Tosoh for the period April 1, 1998, through March 31, 1999. 
The Department will issue appraisement instructions directly to the 
Customs Service.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    We are issuing and publishing this determination in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: November 3, 2000.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.

 

Appendix

Comments and Responses

1. Facts Available
2. Foreign Like Product
3. Home Market Viability/Particular Market Situation
4. Date of Sale
5. Credit Expense

[FR Doc. 00-29258 Filed 11-14-00; 8:45 am]
BILLING CODE 3510-DS-P