[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