[Federal Register Volume 84, Number 250 (Tuesday, December 31, 2019)]
[Notices]
[Pages 72293-72294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28234]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-882]


Refined Brown Aluminum Oxide From the People's Republic of China: 
Final Results of the Expedited Third Five-Year Sunset Review of the 
Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of this sunset review, the Department of Commerce 
(Commerce) finds that revocation of the antidumping duty order on 
refined brown aluminum oxide (RBAO) from the People's Republic of China 
(China) would be likely to lead to continuation or recurrence of 
dumping at the levels indicated in the ``Final Results of Review'' 
section of this notice.

DATES: Applicable December 31, 2019.

FOR FURTHER INFORMATION CONTACT: Ian Hamilton, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4798.

SUPPLEMENTARY INFORMATION: 

Background

    On November 19, 2003, Commerce published its antidumping duty order 
on RBAO from China in the Federal Register.\1\ On September 10, 2019, 
Commerce published the notice of initiation of the third sunset review 
of the antidumping duty order on RBAO from China,\2\ pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act).\3\ 
Commerce received notices of intent to participate from Imerys Fused 
Minerals Niagara Falls, Inc. (Imerys), U.S. Electrofused Minerals, Inc. 
(Electrofused), Washington Mills Group, Inc (Washington Mills), and 
Great Lakes Minerals, LLC (Great Lakes) (collectively, domestic 
interested parties), within the deadline specified in 19 CFR 
351.218(d)(1)(i).\4\ Imerys, Electrofused, Washington Mills, and Great 
Lakes each claimed interested party status under section 771(9)(C) of 
the Act, as domestic producers of RABO.
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    \1\ See Antidumping Duty Order: Refined Brown Aluminum Oxide 
(Otherwise Known as Refined Brown Artificial Corundum or Brown Fused 
Alumina) from the People's Republic of China, 68 FR 65249 (November 
19, 2003) (Order).
    \2\ See Order. We applied the weighted-average dumping margins 
of 135.18 percent to Zibo Jinyu Abrasive Co., Ltd. (Zibo Jinyu), and 
135.18 percent as the China-wide rate. Id., 68 FR at 65250.
    \3\ See Initiation of Five-Year (Sunset) Review, 84 FR 47485 
(September 10, 2019).
    \4\ See Imerys, Electrofused, and Washington Mills' Letter, 
``Refined Brown Aluminum Oxide from the People's Republic of China: 
Notice of Intent to Participate,'' dated September 16, 2019; and 
Great Lakes' Letter, ``Refined Brown Aluminum Oxide from the 
People's Republic of China: Notice of Intent to Participate,'' dated 
September 18, 2019.
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    Commerce received a substantive response from the domestic 
interested parties \5\ within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). We received no substantive response from any other 
domestic or interested parties

[[Page 72294]]

in this proceeding, nor was a hearing requested.
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    \5\ See Domestic Interested Parties' Letter, ``Refined Brown 
Aluminum Oxide from China, Third Sunset Review: Substantive Response 
to the Notice of Initiation,'' dated October 1, 2019.
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    On October 21, 2019, Commerce notified the U.S. International Trade 
Commission (ITC) that it did not receive an adequate substantive 
response from respondent interested parties.\6\ As a result, pursuant 
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 
Commerce conducted an expedited (120-day) sunset review of this 
antidumping duty order.
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    \6\ See Commerce's Letter, ``Sunset Review Initiated on 
September 1, {sic{time}  2019,'' dated October 21, 2019.
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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. For a complete description of the scope of the Order, see 
the Issues and Decision Memorandum.\7\
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    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Expedited Third Sunset Review of the Antidumping 
Duty Order on Refined Brown Aluminum Oxide from the People's 
Republic of China,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum. The issues discussed in the Issues and 
Decision Memorandum are the likelihood of continuation or recurrence of 
dumping, and the magnitude of the margins of dumping likely to prevail 
if this order were revoked. The Issues and Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov, and to all parties in the Central Records 
Unit, room B8024 of the main Commerce building. A list of topics 
discussed in the Issues and Decision Memorandum is included as an 
appendix to this notice. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly on the internet at 
http://enforcement.trade.gov/frn/. The signed and electronic versions 
of the Issues and Decision Memorandum are identical in content.

Final Results of Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, we 
determine that revocation of the antidumping duty order on RBAO from 
China would be likely to lead to continuation or recurrence of dumping 
at weighted-average margins up to 135.18 percent.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.

Notification to Interested Parties

    We are issuing and publishing the final results and this notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 
19 CFR 351.218.

    Dated: December 19, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Dumping Margins Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2019-28234 Filed 12-30-19; 8:45 am]
 BILLING CODE 3510-DS-P