[Federal Register Volume 69, Number 41 (Tuesday, March 2, 2004)]
[Notices]
[Pages 9799-9800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4615]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-602-805, A-484-802, A-419-802, A-588-864, A-791-818, A-570-889]


Notice of Termination of Antidumping Duty Investigations: 
Electrolytic Manganese Dioxide From Australia, Greece, Ireland, Japan, 
South Africa

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

EFFECTIVE DATE: March 2, 2004.
SUMMARY: On February 20, 2004, Kerr-McGee Chemical LLC (Kerr-McGee or 
Petitioner) withdrew its antidumping petitions, filed on July 31, 2003, 
regarding Electrolytic Manganese Dioxide (EMD) from Australia, Greece, 
Ireland, Japan, South Africa. Based on this withdrawal, the Department 
of Commerce (the Department) is now terminating these investigations.

FOR FURTHER INFORMATION CONTACT: Joseph Welton (Australia) at 202-482-
0165, Doug Kirby (Greece) at 202-482-3782, John Drury (Ireland) at 202-
482-0195, Mark Flessner (Japan) at 202-482-6312, Matthew Renkey (South 
Africa) at 202-482-2312, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, D.C. 20230.

SUPPLEMENTARY INFORMATION:

Case History

    On July 31, 2003, the Department received antidumping duty 
petitions (petitions) filed in proper form by Kerr-McGee. The 
Petitioner is a domestic producer of EMD. The Department initiated 
these investigations on August 20, 2003. See Notice of Initiation of 
Antidumping Duty Investigation: Electrolytic Manganese Dioxide From 
Australia, Greece, Ireland, Japan, South Africa and the People's 
Republic of China, 68 FR 51551 (August 27, 2003) (Initiation Notice). 
On September 22, 2003, the United States International Trade Commission 
(the ITC) preliminarily determined ``that there is a reasonable 
indication that an industry in the United States is materially injured 
by reason of imports from Australia, Greece, Ireland, Japan, and South 
Africa of electrolytic manganese dioxide.'' See Electrolytic Manganese 
Dioxide from Australia, China, Greece, Ireland, Japan, and South 
Africa, 68 FR 55062 (September 22, 2003). On February 20, 2004, Kerr-
McGee withdrew its antidumping petitions by putting on the record of 
the investigation a letter to the Department. The only other two U.S. 
companies which are known to produce EMD, Energizer Battery 
Manufacturing Inc. (Energizer) and Erachem Comilog (Erachem,) both 
filed letters dated February 20, 2004, stating that each ``has no 
interest in the continuation of these investigations.''

Scope of the Investigation

    This investigation covers 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), including high-grade 
chemical manganese dioxide (CMD-U). The merchandise subject to this 
investigation is classified in the Harmonized Tariff Schedule of the 
United States (HTSUS) at subheading 2820.10.0000. The tariff 
classifications are provided for convenience and U.S. Customs and 
Border Protection (CBP) purposes; however, the written description of 
the scope of the investigation is dispositive.

Termination of the Investigation

    On February 20, 2004 the Department received a letter from the 
Petitioner notifying the Department that the Petitioner is no longer 
interested in seeking relief and is withdrawing its antidumping 
petitions, filed on July 31, 2003, regarding EMD from Australia, 
Greece, Ireland, Japan, South Africa. Under section 734(a)(1)(A) of the 
Tariff Act of 1930 (the Tariff Act), upon withdrawal of a petition, the 
administering authority may terminate an investigation after giving 
notice to all parties to the investigation. We have notified all 
parties to the investigation and the ITC of Petitioner's withdrawal and 
our intention to terminate. Section 351.207(b)(1) of the Department's 
regulations states the Department may terminate provided it concludes 
that termination is in the public interest. We have determined that 
termination would be in the public interest given that the Petitioner 
is no longer interested in seeking relief.

[[Page 9800]]

    Based on information currently on the record, the Department is 
terminating the antidumping duty investigations regarding EMD from 
Australia, Greece, Ireland, Japan, South Africa.
    This action is taken pursuant to section 734(a)(1)(A) of the Tariff 
Act and section 351.207(b)(1) of the Department's regulations.

    Dated: February 25, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-4615 Filed 3-1-04; 8:45 am]
BILLING CODE 3510-DS-S