[Federal Register Volume 80, Number 6 (Friday, January 9, 2015)]
[Notices]
[Pages 1393-1394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00183]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-919, A-602-806]


Electrolytic Manganese Dioxide From the People's Republic of 
China and Australia: Continuation of the Antidumping Duty Order on the 
People's Republic of China, Revocation of the Antidumping Duty Order on 
Australia

AGENCY: Enforcement and Compliance, 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 
(the ``ITC'') in their five year (sunset) reviews that revocation of 
the antidumping duty (``AD'') order on electrolytic manganese dioxide 
(``EMD'') from the People's Republic of China (``PRC'') would likely 
lead to a continuation or recurrence of dumping and material injury to 
an industry in the United States, the Department is publishing a notice 
of continuation of the AD order on EMD from the PRC. In addition, as a 
result of the ITC's determination that revocation of the AD order on 
EMD from Australia is not likely to lead to continuation or recurrence 
of dumping and material injury to an industry in the United States 
within a reasonably foreseeable time, the Department is revoking the AD 
order on EMD from Australia.

DATES: Effective Date: January 9, 2015.

FOR FURTHER INFORMATION CONTACT: Howard Smith, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-5193.

SUPPLEMENTARY INFORMATION 

Background

    On October 7, 2008, the Department published the AD orders on EMD 
from the PRC and Australia.\1\ On September 3, 2013, the Department 
published the notice of initiation of the first sunset review of the AD 
orders on EMD from the PRC and Australia, pursuant to section 751(c) of 
the Tariff Act of 1930,

[[Page 1394]]

as amended (the ``Act'').\2\ As a result of its reviews, the Department 
determined that revocation of the AD orders on EMD from the PRC and 
Australia would likely lead to continuation or recurrence of dumping 
and notified the ITC of the magnitude of the dumping margins likely to 
prevail should the order be revoked.\3\ On December 24, 2014, the ITC 
published its determination, pursuant to section 751(c) of the Act, 
that revocation of the AD order on EMD 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, but that 
revocation of the AD order on EMD from Australia would not be likely to 
do so.\4\
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    \1\ See Antidumping Duty Order: Electrolytic Manganese Dioxide 
from Australia, 73 FR 58538 (October 7, 2008) (``Australia Order''); 
see also Antidumping Duty Order: Electrolytic Manganese Dioxide from 
the People's Republic of China, 73 FR 58537 (October 7, 2008).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 78 FR 54237 
(September 3, 2013).
    \3\ See Electrolytic Manganese Dioxide From Australia and the 
People's Republic of China: Final Results of the Expedited First 
Sunset Reviews of the Antidumping Duty Orders, 79 FR 6162, 6163 
(February 3, 2014).
    \4\ See Electrolytic Manganese Dioxide From Australia and China, 
79 FR 77525 (December 24, 2014).
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Scope of the Orders

    The merchandise covered by these orders includes all manganese 
dioxide (MnO[2]) 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 these orders 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 these 
orders is dispositive.

Continuation of the Order on EMD From the PRC

    As a result of the determinations by the Department and the ITC 
that revocation of the AD order on EMD from the PRC would likely lead 
to a 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 AD order on 
EMD from the PRC. U.S. Customs and Border Protection (``CBP'') will 
continue to collect AD cash deposits at the rates in effect at the time 
of entry for all imports of subject merchandise.
    The effective date of the continuation of the 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 the order not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.

Revocation of the Order on EMD From Australia

    As a result of the determination by the ITC that revocation of the 
AD order on EMD from Australia would not be likely to lead to 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time, pursuant to section 
751(d)(2) of the Act, the Department is revoking the AD order on EMD 
from Australia. Pursuant to section 751(d)(2) of the Act and 19 CFR 
351.222(i)(2)(i), the effective date of revocation is October 7, 2013 
(i.e., the fifth anniversary of the date of publication of the order in 
the Federal Register).\5\
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    \5\ See Australia Order, 73 FR at 58538; see also 19 CFR 
351.222(i)(2)(i).
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Cash Deposit and Assessment of Duties for EMD From Australia

    The Department will notify CBP 15 days after publication of this 
notice, to terminate the suspension of liquidation and to discontinue 
the collection of cash deposits on entries of EMD from Australia, 
entered or withdrawn from warehouse, on or after October 7, 2013. The 
Department will further instruct CBP to refund with interest all cash 
deposits on entries made on or after October 7, 2013. Entries of EMD 
from Australia prior to the effective date of revocation will continue 
to be subject to suspension of liquidation and AD deposit requirements 
and assessments. The Department will complete any pending or requested 
administrative reviews of the order on EMD from Australia covering 
entries prior to October 7, 2013.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.
    These five-year (sunset) reviews and notice are published in 
accordance with sections 751(c) and (d)(2), and 777(i) of the Act, and 
19 CFR 351.218(f)(4).

    Dated: December 31, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-00183 Filed 1-8-15; 8:45 am]
BILLING CODE 3510-DS-P