[Federal Register Volume 74, Number 48 (Friday, March 13, 2009)]
[Notices]
[Pages 10884-10885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5478]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-882]


Refined Brown Aluminum Oxide from the People's Republic of China: 
Notice of Continuation of Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC) 
that revocation of the antidumping duty order on refined brown aluminum 
oxide (RBAO) from the People's Republic of China (PRC) would be likely 
to lead to continuation or recurrence of dumping and of material injury 
to an industry in the United States within a reasonably foreseeable 
time, the Department is publishing notice of the continuation of this 
antidumping duty order.

EFFECTIVE DATE: March 13, 2009.

FOR FURTHER INFORMATION CONTACT: David Goldberger, Katherine Johnson, 
or Brandon Farlander, AD/CVD Operations, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street & Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-4136, (202) 482-4929, and (202) 482-0182, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 1, 2008, the Department initiated and the ITC instituted 
a sunset review of the antidumping duty order on RBAO from the PRC, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act). See Initiation of Five-year (``Sunset'') Reviews 73 FR 57055 
(October 1, 2008).
    The Department conducted an expedited sunset review of this order. 
As a result of its review, the Department found that revocation of the 
antidumping duty order would be likely to lead to continuation or 
recurrence of dumping and notified the ITC of the magnitude of the 
margins likely to prevail were the order to be revoked. See Refined 
Brown Aluminum Oxide

[[Page 10885]]

from the People's Republic of China: Final Results of Expedited Sunset 
Review, 74 FR 4138 (January 23, 2009). On March 6, 2009, the ITC 
published its determination pursuant to section 751(c) of the Act, that 
revocation of the antidumping duty order on RBAO from the PRC would be 
likely to lead to continuation or recurrence of material injury to an 
industry in the United States within a reasonably foreseeable time. See 
Refined Brown Aluminum Oxide from China; Determination, 74 FR 9830 
(March 6, 2009).

Scope of the Order

    The merchandise covered by this order is ground, pulverized or 
refined brown artificial corundum, also known as brown aluminum oxide 
or brown fused alumina, in grit size of 3/8 inch or less. Excluded from 
the scope of the order is crude artificial corundum in which particles 
with a diameter greater than 3/8 inch constitute at least 50 percent of 
the total weight of the entire batch. The scope includes brown 
artificial corundum in which particles with a diameter greater than 3/8 
inch constitute less than 50 percent of the total weight of the batch. 
The merchandise under investigation is currently classifiable under 
subheadings 2818.10.20.00 and 2818.10.20.90 of the Harmonized Tariff 
Schedule of the United States (HTSUS). Although the HTSUS subheading is 
provided for convenience and customs purposes, the written description 
of the merchandise covered by the order is dispositive.

Continuation

    As a result of the determinations by the Department and the ITC 
that revocation of the antidumping duty order would be likely to lead 
to continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
duty order on RBAO from the PRC.
    U.S. Customs and Border Protection will continue to collect 
antidumping duty cash deposits at the rates in effect at the time of 
entry for all imports of subject merchandise.
    The effective date of continuation of this order will be the date 
of publication in the Federal Register of this Notice of Continuation. 
Pursuant to section 751(c)(2) of the Act, the Department intends to 
initiate the next five-year review of this order not later than 
February 2014.
    This five-year (sunset) review and this notice are in accordance 
with sections 751(c) and 777(i)(1) of the Act.

    Dated: March 9, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-5478 Filed 3-12-09; 8:45 am]
BILLING CODE 3510-DS-S