[Federal Register Volume 73, Number 158 (Thursday, August 14, 2008)]
[Notices]
[Pages 47586-47587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18848]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-602-806]


Notice of Final Determination of Sales at Less Than Fair Value 
and Termination of Critical- Circumstances Investigation: Electrolytic 
Manganese Dioxide from Australia

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

EFFECTIVE DATE: August 14, 2008.
SUMMARY:  The Department of Commerce determines that imports of 
electrolytic manganese dioxide from Australia are being, or are likely 
to be, sold in the United States at less than fair value, as provided 
in section 735 of the Tariff Act of 1930, as amended (the Act). The 
final weighted-average dumping margins are listed below in the section 
entitled ``Final Determination of Investigation.''

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Minoo Hatten, AD/CVD 
Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3477 and (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Case History

    On March 26, 2008, the Department of Commerce (the Department) 
published its preliminary determination of sales at less than fair 
value in the antidumping duty investigation of electrolytic manganese 
dioxide (EMD) from Australia. See Notice of Preliminary Determination 
of Sales at Less Than Fair Value and Affirmative Preliminary 
Determination of Critical Circumstances: Electrolytic Manganese Dioxide 
from Australia, 73 FR 15982 (March 26, 2008) (Preliminary 
Determination). On April 18, 2008, we postponed the deadline for the 
final determination under section 735 (a)(2)(A) of the Act by 60 days 
to August 8, 2008. See Postponement of Final Determination of 
Antidumping Duty Investigation: Electrolytic Manganese Dioxide from 
Australia, 73 FR 21108 (April 18, 2008).
    We invited parties to comment on the Preliminary Determination. We 
received a case brief from the respondent, Delta EMD Australia Pty. 
Limited (Delta), on May 19, 2008; the petitioner, Tronox LLC, filed a 
rebuttal brief on May 27, 2008. At the request of Delta, we held a 
hearing on June 17, 2008.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this antidumping investigation are addressed in the ``Issues and 
Decision Memorandum for the Antidumping Duty Investigation of EMD from 
Australia for the Period of Investigation July 1, 2006, through June 
30, 2007'' (Decision Memorandum) from Stephen J. Claeys, Deputy 
Assistant Secretary for Import Administration, to David M. Spooner, 
Assistant Secretary for Import Administration, dated August 8, 2008, 
which is hereby adopted by this notice. This Decision Memorandum is 
attached to this notice as an appendix and is on file in the Central 
Records Unit (CRU) in room 1117. In addition, a complete version of the 
Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/. The paper copy and electronic version of the Decision 
Memorandum are identical in content.

Scope of Investigation

    The merchandise covered by this investigation 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 this investigation 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 this investigation is dispositive.

Period of Investigation

    The period of investigation is from July 1, 2006, through June 30, 
2007.

Adverse Facts Available

    For the final determination, we continue to find that, by failing 
to provide information we requested, Delta did not act to the best of 
its ability in responding to our requests for information. Thus, the 
Department continues to find that the use of adverse facts available is 
warranted for this company under sections 776(a)(2) and (b) of the Act. 
See Preliminary Determination, 73 FR at 15983. As a result of our 
analysis of comments received, we have changed the adverse facts-
available rate for the final determination. Specifically, we have 
assigned Delta a rate of 83.66 percent based on the rate alleged in the 
petition, as recalculated in this final determination. See Final 
Determination Analysis Memorandum (August 8, 2008). Further, pursuant 
to section 776(c) of the Act and as discussed in the Preliminary 
Determination, we corroborated the key elements of the export-price and 
normal-value calculation used in the petition to derive an estimated 
margin from which we have derived the adverse facts-available rate.

Termination of Critical Circumstances Investigation

    On February 19, 2008, the petitioner in this investigation, Tronox 
LLC, submitted an allegation of critical circumstances with respect to 
imports of electrolytic manganese dioxide from Australia. On March 19, 
2008, we issued the Preliminary Determination, stating that we had 
reason to believe or suspect critical circumstances exist with respect 
to imports of EMD from Australia. See Preliminary Determination, 73 FR 
at 15986-88. On July 17, 2008, the petitioner withdrew its critical 
circumstances allegation and requested that the Department terminate 
its critical circumstances inquiry. Therefore, we are terminating the 
critical circumstances investigation and we have not addressed any 
comments regarding critical circumstances for the final determination. 
We will instruct U.S. Customs and Border Protection (CBP) to terminate 
the suspension of liquidation of all imports of subject

[[Page 47587]]

merchandise produced and exported by Delta entered, or withdrawn from 
warehouse, for consumption on or after December 27, 2007, which is 90 
days prior to the date of publication of the Preliminary Determination 
(March 26, 2008), and entered before March 26, 2008. CBP shall refund 
any cash deposits and release any bond or other security previously 
posted in connection with merchandise produced and exported by Delta, 
the only known producer and exporter of EMD during this investigation.

All-Others Rate

    Section 735(c)(5)(B) of the Act provides that, where the estimated 
weighted-average dumping margins established for all exporters and 
producers individually investigated are zero or de minimis margins or 
are determined entirely under section 776 of the Act, the Department 
may use any reasonable method to establish the estimated all others 
rate for exporters and producers not individually investigated. This 
provision contemplates that, if the data do not permit weight-averaging 
margins other than the zero, de minimis, or total facts available 
margins, the Department may use any other reasonable method. See also 
Statement of Administrative Action accompanying the Uruguay Round 
Agreements Act, H. Doc. No. 103-316, at 873 (1994). As discussed above, 
Delta is the sole respondent in this investigation and has been 
assigned a margin based on total adverse facts available. Because the 
petition contained only one estimated dumping margin and because there 
are no other respondents in this investigation, there are no additional 
estimated margins available for purposes of establishing an all-others 
rate. Therefore, with this final determination we are establishing 
83.66 percent as the all-others rate.

Final Determination of Investigation

    We determine that the following weighted-average dumping margins 
exist for the period July 1, 2006, through June 30, 2007:

------------------------------------------------------------------------
              Manufacturer or Exporter                 Margin (percent)
------------------------------------------------------------------------
Delta...............................................               83.66
All Others..........................................               83.66
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act and 19 CFR 
351.211(b)(1), we will instruct CBP to continue to suspend liquidation 
of all entries of subject merchandise from Australia entered, or 
withdrawn from warehouse, for consumption on or after March 26, 2008, 
the date of publication of the Preliminary Determination. We will 
instruct CBP to require a cash deposit or the posting of a bond equal 
to the weighted-average margin, as indicated in the chart above, as 
follows: (1) the rate for Delta will be 83.66 percent; (2) if the 
exporter is not a firm identified in this investigation but the 
producer is, the rate will be the rate established for the producer of 
the subject merchandise; (3) the rate for all other producers or 
exporters will be 83.66 percent. These suspension-of-liquidation 
instructions will remain in effect until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our final determination. As our 
final determination is affirmative and in accordance with section 
735(b)(2) of the Act, the ITC will determine, within 45 days, whether 
the domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports or sales (or the 
likelihood of sales) for importation of the subject merchandise. If the 
ITC determines that material injury or threat of material injury does 
not exist, the proceeding will be terminated and all securities posted 
will be refunded or canceled. If the ITC determines that such injury 
does exist, the Department will issue an antidumping duty order 
directing CBP to assess antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding APO

    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.
    This determination is issued and published pursuant to sections 
735(d) and 777(i)(1) of the Act.

    Dated: August 8, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix

Comment: Profit for Constructed Value
[FR Doc. E8-18848 Filed 8-13-04; 8:45 am]
Billing Code: 3510-DS-S