[Federal Register Volume 73, Number 195 (Tuesday, October 7, 2008)]
[Notices]
[Pages 58537-58538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23600]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-919]


Antidumping Duty Order: Electrolytic Manganese Dioxide From the 
People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on an affirmative final determination by the Department 
of Commerce (the Department) and the International Trade Commission 
(ITC), the Department is issuing an antidumping duty order on 
electrolytic manganese dioxide (EMD) from the People's Republic of 
China (PRC).

DATES: Effective Date: October 7, 2008.

FOR FURTHER INFORMATION CONTACT: Eugene Degnan at (202) 482-0414, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    On August 18, 2008, the Department published the final 
determination of sales at less than fair value of EMD from the PRC. See 
Electrolytic Manganese Dioxide From the People's Republic of China: 
Final Determination of Sales at Less Than Fair Value, 73 FR 48195 
(August 18, 2008) (``Final Determination'').
    On August 18, 2008, Guizhou Redstar Developing Import & Export Co., 
Ltd. (``Redstar'') submitted ministerial error allegations with respect 
to the Department's Final Determination. On August 25, 2008, Tronox 
LLC, Petitioner, submitted a reply to Redstar's ministerial error 
allegations, arguing that the Department should reject each of 
Redstar's claims. On October 1, 2008, the Department determined that 
Redstar's ministerial error allegations do not meet the requirements 
under 19 CFR 351.224(f) to be considered ministerial errors. See 
Memorandum entitled ``Final Results of Antidumping Duty Investigation 
of Electrolytic Manganese Dioxide from the People's Republic of China: 
Allegations of Ministerial Errors,'' dated October 1, 2008.
    On September 26, 2008, the ITC notified the Department of its final 
determination pursuant to section 735(d) of the Tariff Act of 1930, as 
amended (the Act), that an industry in the United States is materially 
injured within the meaning of section 735(b)(1)(A)(i) of the Act by 
reason of less-than-fair-value imports of EMD from the PRC. See Letter 
from the ITC to the Secretary of Commerce, ``Notification of Final 
Affirmative Determination of Electrolytic Manganese Dioxide from 
Australia and from the People's Republic of China,'' Investigation Nos. 
731-TA-1124 and 1125 (September 26, 2008). Pursuant to section 736(a) 
of the Act, the Department is publishing an antidumping duty order on 
the subject merchandise.

Scope of the Order

    The merchandise covered by this 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 this 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 this order is dispositive.

[[Page 58538]]

Antidumping Duty Order

    In accordance with section 736(a)(1) of the Act, the Department 
will direct U.S. Customs and Border Protection (CBP) to assess, upon 
further information from the Department, antidumping duties equal to 
the amount by which the normal value of the merchandise exceeds the 
export price (or the constructed export price) of the merchandise for 
all relevant entries of EMD from the PRC. These antidumping duties will 
be assessed on all entries of EMD entered, or withdrawn from the 
warehouse, for consumption on or after March 26, 2008, the date on 
which the Department published its notice of preliminary determination 
in the Federal Register. See Electrolytic Manganese Dioxide from the 
People's Republic of China: Preliminary Determination of Sales at Less 
Than Fair Value and Postponement of Final Determination, 73 FR 15988 
(March 26, 2008).
    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of the exporters that account for a significant 
proportion of EMD in the PRC, we extended the four-month period to no 
more than six months. See Letter from Guizhou Redstar Developing Import 
and Export Company, Ltd. (March 11, 2008). In the underlying 
investigation, the six-month period beginning on the date of the 
publication of the preliminary determination ended on September 22, 
2008. Furthermore, section 737(b) of the Act states that definitive 
duties are to begin on the date of publication of the ITC's final 
injury determination. Therefore, in accordance with section 733(d) of 
the Act and our practice, we will instruct CBP to terminate the 
suspension of liquidation and to liquidate, without regard to 
antidumping duties, unliquidated entries of EMD from the PRC entered, 
or withdrawn from warehouse, for consumption on or after September 22, 
2008, through the day preceding the date of publication of the ITC's 
final injury determination in the Federal Register.
    On and after the date of publication of the ITC's notice of final 
determination in the Federal Register, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
merchandise, cash deposits for the subject merchandise equal to the 
estimated weighted-average antidumping margins listed below.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
             Exporter                      Producer             margin
                                                              (percent)
------------------------------------------------------------------------
Guizhou Redstar Developing Import  Guizhou Redstar                149.92
 and Export Company, Ltd.           Developing Dalong
                                    Manganese Industrial
                                    Co., Ltd.
------------------------------------------------------------------------
PRC-Wide Entity..................  ........................       149.92
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
EMD from the PRC, pursuant to section 736(a) of the Act. Interested 
parties may contact the Department's Central Records Unit, Room 1117 of 
the Main Commerce Building, for copies of an updated list of 
antidumping duty orders currently in effect.
    This order is issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: October 1, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
 [FR Doc. E8-23600 Filed 10-6-08; 8:45 am]
BILLING CODE 3510-DS-P